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49 U.S.C. § 40113 — Administrative

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49 U.S.C. § 40113 — Administrative

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

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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 subsection (c), before clause (1), the word ‘‘both’’ is omitted as surplus. In clause (1)(A), the words ‘‘in such a manner as’’ and ‘‘companies that are’’ are omitted as surplus. In clause (1)(B), the words ‘‘accruing on’’ are substituted for ‘‘under’’ for clarity. The words ‘‘subcon- tractor’’ and ‘‘contract’’ are substituted for ‘‘sub- contract’’ and ‘‘contractor’’, respectively, to correct er- rors in the source provisions being restated. In subsection (d)(1)(B), the words ‘‘after the first year’’ are substituted for ‘‘during the second and subse- quent years of the contract’’ to eliminate unnecessary words. In subsection (e)(2), the words ‘‘a clause setting forth’’ are omitted as surplus. In subsection (f), the words ‘‘canceled or’’ and ‘‘can- cellation or’’ are omitted as being included in ‘‘ended’’ and ‘‘ending’’, respectively. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–106 struck out ‘‘or a con- tract to purchase property to which section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) applies’’ after ‘‘improvement to real property’’. Subsec. (e)(2). Pub. L. 104–287 substituted ‘‘Transpor- tation and Infrastructure’’ for ‘‘Public Works and Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 702. § 40113. Administrative (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 Adminis- tration 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, con- siders necessary to carry out this part, including conducting investigations, prescribing regula- tions, standards, and procedures, and issuing or- ders. (b) HAZARDOUS MATERIAL.—In carrying out this part, the Secretary has the same authority to regulate the transportation of hazardous ma- terial by air that the Secretary has under sec- tion 5103 of this title. However, this subsection does not prohibit or regulate the transportation of a firearm (as defined in section 232 of title 18) or ammunition for a firearm, when transported by an individual for personal use. (c) GOVERNMENTAL ASSISTANCE.—The Sec- retary (or the Administrator of the Federal Aviation Administration with respect to avia- tion 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 in- strumentality of the United States Government on matters related to aircraft fuel and oil, and to the design, material, workmanship, construc- tion, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appli- ances, and air navigation facilities. Each depart- ment, agency, and instrumentality may conduct scientific and technical research, investigations, and tests necessary to assist the Secretary or Administrator of the Federal Aviation Adminis- tration in carrying out this part. This part does not authorize duplicating laboratory research activities of a department, agency, or instru- mentality. (d) INDEMNIFICATION.—The Administrator of the Federal Aviation Administration may in- demnify an officer or employee of the Federal Aviation Administration against a claim or judgment arising out of an act that the Admin- istrator decides was committed within the scope of the official duties of the officer or employee. (e) ASSISTANCE TO FOREIGN AVIATION AUTHORI- TIES.— (1) SAFETY-RELATED TRAINING AND OPER- ATIONAL SERVICES.—The Administrator may provide safety-related training and oper- ational services to foreign aviation authorities (whether public or private) with or without re- imbursement, if the Administrator determines that providing such services promotes avia- Page 1078 TITLE 49—TRANSPORTATION § 40113 1 So in original. There is no par. (5). tion safety or efficiency. The Administrator may also provide technical assistance related to all aviation safety-related training and operational services in connection with bilat- eral 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 sec- tion 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 Adminis- trator shall actively seek reimbursement for services provided under this subsection from foreign aviation authorities capable of pro- viding such reimbursement. The Adminis- trator is authorized, notwithstanding any other provision of law or policy, to accept pay- ments for services provided under this sub- section in arrears. (3) CREDITING APPROPRIATIONS.—Funds re- ceived by the Administrator pursuant to this section shall— (A) be credited to the appropriation cur- rent 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 sub- section. Amounts appropriated under the pre- ceding sentence for any fiscal year shall re- main available until expended. (6) 1 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 de- termines that— (A) a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, ef- ficiency, and security; and (B) the engagement is to provide inher- ently governmental technical assistance and training. (7) INHERENTLY GOVERNMENTAL TECHNICAL AS- SISTANCE AND TRAINING DEFINED.—In this sub- section, 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 ex- pertise and authority; and (C) relates to— (i) international aviation safety assess- ment technical reviews and technical as- sistance; (ii) aerodrome safety and certification; (iii) aviation system certification activi- ties based on Federal Aviation Adminis- tration regulations and requirements; (iv) cybersecurity efforts to protect United States aviation ecosystem compo- nents 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1110; Pub. L. 103–305, title II, § 202, Aug. 23, 1994, 108 Stat. 1582; Pub. L. 106–181, title I, § 156(a), Apr. 5, 2000, 114 Stat. 89; Pub. L. 107–71, title I, § 140(c), Nov. 19, 2001, 115 Stat. 641; Pub. L. 112–95, title II, § 207, Feb. 14, 2012, 126 Stat. 39; Pub. L. 115–254, div. K, title I, § 1991(c)(2), Oct. 5, 2018, 132 Stat. 3627; Pub. L. 116–260, div. V, title I, § 119(g), Dec. 27, 2020, 134 Stat. 2342; Pub. L. 118–63, title II, § 218(c), title III, § 358(c)(2), May 16, 2024, 138 Stat. 1055, 1117.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40113(a) ...... 49 App.:1324(a). Aug. 23, 1958, Pub. L. 85–726, §§ 204(a), 313(a), 72 Stat. 743, 752. 49 App.:1354(a). 49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 40113(b) ...... 49 App.:1472(h)(1), (3). Aug. 23, 1958, Pub. L. 85–726, § 902(h)(1), (3), 72 Stat. 785; restated Jan. 3, 1975, Pub. L. 93–633, § 113(c), 88 Stat. 2162, 2163. 40113(c) ...... 49 App.:1505. Aug. 23, 1958, Pub. L. 85–726, § 1105, 72 Stat. 798; Oct. 15, 1962, Pub. L. 87–810, § 3, 76 Stat. 921. 49 App.:1655(c)(1). 40113(d) ...... 49 App.:1354(e). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 313(e); added Dec. 30, 1987, Pub. L. 100–223, § 205, 101 Stat. 1521. In subsections (a), (c), and (d), the word ‘‘Adminis- trator’’ in sections 313(a) and (e) and 1105 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752, 798) is retained on authority of 49:106(g). Subsection (a) is substituted for 49 App.:1324(a) and 1354(a) to eliminate unnecessary words. The word ‘‘standards’’ is added for consistency. In subsection (b), the words ‘‘his responsibilities under’’ and ‘‘safe’’ are omitted as surplus. In subsection (c), the words ‘‘department, agency, and instrumentality’’ are substituted for ‘‘agency’’ and ‘‘governmental agency’’ for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1505 (2d, 3d sentences) is omitted as superseded by 49 App.:1903(b), restated in sections 1105, 1110, and 1111 of the revised title. The word ‘‘existing’’ is omitted as surplus. In subsection (d), the text of 49 App.:1354(e) (last sen- tence) is omitted because of 49:322(a). Page 1079 TITLE 49—TRANSPORTATION § 40113 Editorial Notes AMENDMENTS 2024—Subsec. (e)(4), (5). Pub. L. 118–63, § 218(c), redes- ignated par. (5) as (4) and struck out former par. (4) which related to required reporting of list of foreign aviation authorities that were provided services under subsec. (e). Subsec. (e)(6), (7). Pub. L. 118–63, § 358(c)(2), added pars. (6) and (7). 2020—Subsec. (e)(1). Pub. L. 116–260, § 119(g)(1), in- serted ‘‘The Administrator may also provide technical assistance related to all aviation safety-related train- ing and operational services in connection with bilat- eral and multilateral agreements, including further bolstering the components of airmanship.’’ after ‘‘safe- ty or efficiency.’’ Subsec. (e)(5). Pub. L. 116–260, § 119(g)(2), added par. (5). 2018—Subsec. (a). Pub. L. 115–254, § 1991(c)(2)(A), sub- stituted ‘‘the Administrator of the Transportation Se- curity Administration with respect to security duties and powers designated to be carried out by that Admin- istrator or’’ for ‘‘the Under Secretary of Transpor- tation for Security with respect to security duties and powers designated to be carried out by the Under Sec- retary or’’, ‘‘carried out by that Administrator’’ for ‘‘carried out by the Administrator’’, and ‘‘, Administrator of the Transportation Security Ad- ministration, or Administrator of the Federal Aviation Administration,’’ for ‘‘, Under Secretary, or Adminis- trator,’’. Subsec. (d). Pub. L. 115–254, § 1991(c)(2)(B), struck out ‘‘Under Secretary of Transportation for Security or the’’ before ‘‘Administrator of the Federal Aviation Ad- ministration’’ and substituted ‘‘employee of the Fed- eral Aviation Administration’’ for ‘‘employee of the Transportation Security Administration or Federal Aviation Administration, as the case may be,’’ and ‘‘that the Administrator’’ for ‘‘that the Under Sec- retary or Administrator, as the case may be,’’. 2012—Subsec. (e)(1). Pub. L. 112–95, § 207(1), inserted ‘‘(whether public or private)’’ after ‘‘authorities’’ and substituted ‘‘safety or efficiency. The Administrator is authorized to participate in, and submit offers in re- sponse to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services consistent with section 106(l)(6).’’ for ‘‘safety.’’ Subsec. (e)(2). Pub. L. 112–95, § 207(2), inserted at end ‘‘The Administrator is authorized, notwithstanding any other provision of law or policy, to accept payments for services provided under this subsection in arrears.’’ Subsec. (e)(3). Pub. L. 112–95, § 207(3), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘Funds received by the Adminis- trator pursuant to this section shall be credited to the appropriation from which the expenses were incurred in providing such services.’’ 2001—Subsec. (a). Pub. L. 107–71, § 140(c)(1), inserted ‘‘the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or’’ before ‘‘the Administrator of the Federal Aviation Adminis- tration’’ and substituted ‘‘, Under Secretary, or Ad- ministrator’’ for ‘‘or Administrator’’. Subsec. (d). Pub. L. 107–71, § 140(c)(2), inserted ‘‘Under Secretary of Transportation for Security or the’’ after ‘‘The’’ and substituted ‘‘employee of the Transpor- tation Security Administration or Federal Aviation Administration, as the case may be,’’ for ‘‘employee of the Administration’’ and ‘‘the Under Secretary or Ad- ministrator, as the case may be, decides’’ for ‘‘the Ad- ministrator decides’’. 2000—Subsec. (f). Pub. L. 106–181 added subsec. (f). 1994—Subsec. (e). Pub. L. 103–305 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Transportation Security Administra- tion of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Secu- rity, and for treatment of related references, see sec- tions 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. INTRA-AGENCY COORDINATION Pub. L. 115–254, div. B, title V, § 520, Oct. 5, 2018, 132 Stat. 3362, provided that: ‘‘Not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], the Ad- ministrator [of the Federal Aviation Administration] shall implement a policy that— ‘‘(1) designates the Associate Administrator for Commercial Space Transportation as the primary li- aison between the commercial space transportation industry and the [Federal Aviation] Administration; ‘‘(2) recognizes the necessity of, and set [sic] forth processes for, launch license and permit holder co- ordination with the Air Traffic Organization on mat- ters including— ‘‘(A) the use of air navigation facilities; ‘‘(B) airspace safety; and ‘‘(C) planning of commercial space launch and launch support activities; ‘‘(3) designates a single point of contact within the Air Traffic Organization who is responsible for— ‘‘(A) maintaining letters of agreement between a launch license or permit holder and a Federal Avia- tion Administration facility; ‘‘(B) making such letters of agreement available to the Associate Administrator for Commercial Space Transportation; ‘‘(C) ensuring that a facility that has entered into such a letter of agreement is aware of and fulfills its responsibilities under the letter; and ‘‘(D) liaising between the Air Traffic Organization and the Associate Administrator for Commercial Space Transportation on any matter relating to such a letter of agreement; and ‘‘(4) requires the Associate Administrator for Com- mercial Space Transportation to facilitate, upon the request of a launch license or permit holder— ‘‘(A) coordination between a launch license and permit holder and the Air Traffic Organization; and ‘‘(B) the negotiation of letters of agreement be- tween a launch license or permit holder and a Fed- eral Aviation Administration facility or the Air Traffic Organization.’’ ADMINISTRATIVE SERVICES FRANCHISE FUND Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957, as amended by Pub. L. 118–63, title II, § 227, May 16, 2024, 138 Stat. 1062, provided in part that: ‘‘There is hereby established in the Treasury a fund, to be available without fiscal year limitation, for the costs of capital- izing and operating such administrative services as the FAA Administrator determines may be performed more advantageously as centralized services, including ac- counting, international training, payroll, travel, dupli- cating, multimedia and information technology serv- ices: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the re- lated liabilities or unpaid obligations, and any appro- priations made prior to the current year for the pur- pose of providing capital shall be used to capitalize such fund: Provided further, That such fund may be re- imbursed after performance or paid in advance from funds available to the FAA and other Federal agencies Page 1080 TITLE 49—TRANSPORTATION § 40114 for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of Automated Data Proc- essing (ADP) software and systems (either required or donated), and an amount necessary to maintain a rea- sonable operating reserve, as determined by the FAA Administrator: Provided further, That such fund shall provide services on a competitive basis: Provided fur- ther, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improve- ment and implementation of FAA financial manage- ment, ADP, and support systems: Provided further, That no later than thirty days after the end of each fiscal year, amounts in excess of this reserve limitation shall be transferred to miscellaneous receipts in the Treas- ury.’’ AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM Pub. L. 106–69, title III, § 337, Oct. 9, 1999, 113 Stat. 1022, which provided that none of the funds in Pub. L. 106–69 were to be available for activities under the Air- craft Purchase Loan Guarantee Program during fiscal year 2000, was from the Department of Transportation and Related Agencies Appropriations Act, 2000, and was not repeated in subsequent appropriations acts. Similar provisions were contained in the following prior appro- priation acts: Pub. L. 105–277, div. A, § 101(g) [title I], Oct. 21, 1998, 112 Stat. 2681–439, 2681–446. Pub. L. 105–66, title I, Oct. 27, 1997, 111 Stat. 1431. Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957. Pub. L. 104–50, title I, Nov. 15, 1995, 109 Stat. 442. Pub. L. 103–331, title I, Sept. 30, 1994, 108 Stat. 2476. Pub. L. 103–122, title I, Oct. 27, 1993, 107 Stat. 1205. Pub. L. 102–388, title I, Oct. 6, 1992, 106 Stat. 1527. Pub. L. 102–143, title I, Oct. 28, 1991, 105 Stat. 924. Pub. L. 101–516, title I, Nov. 5, 1990, 104 Stat. 2161. Pub. L. 101–164, title I, Nov. 21, 1989, 103 Stat. 1076. Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2131. Pub. L. 100–202, § 101(l) [title I], Dec. 22, 1987, 101 Stat. 1329–358, 1329–363. Pub. L. 99–500, § 101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l) [H.R. 5205, title I], Oct. 30, 1986, 100 Stat. 3341–308. Pub. L. 99–190, § 101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 1273. Pub. L. 98–473, title I, § 3101(i) [title I], Oct. 12, 1984, 98 Stat. 1944, 1950. Pub. L. 98–78, title I, Aug. 15, 1983, 97 Stat. 458. Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 339. § 40114. Reports and records (a) WRITTEN REPORTS.—(1) Except as provided in this part, the Secretary of Transportation (or the Administrator of the Federal Aviation Ad- ministration with respect to aviation safety du- ties and powers designated to be carried out by the Administrator) shall make a written report of each proceeding and investigation under this part in which a formal hearing was held and shall provide a copy to each party to the pro- ceeding or investigation. The report shall in- clude the decision, conclusions, order, and re- quirements of the Secretary or Administrator as appropriate. (2) The Secretary (or the Administrator with respect to aviation safety duties and powers des- ignated to be carried out by the Administrator) shall have all reports, orders, decisions, and reg- ulations the Secretary or Administrator, as ap- propriate, issues or prescribes published in the form and way best adapted for public use. A pub- lication of the Secretary or Administrator is competent evidence of its contents. (b) PUBLIC RECORDS.—Except as provided in subpart II of this part, copies of tariffs and ar- rangements filed with the Secretary under sub- part II, and the statistics, tables, and figures contained in reports made to the Secretary under subpart II, are public records. The Sec- retary is the custodian of those records. A public record, or a copy or extract of it, certified by the Secretary under the seal of the Department of Transportation is competent evidence in an investigation by the Secretary and in a judicial proceeding. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1110.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40114(a)(1) .. 49 App.:1324(d) (1st, 2d sentences). Aug. 23, 1958, Pub. L. 85–726, §§ 204(d), 313(b), 1103, 72 Stat. 743, 753, 797. 49 App.:1354(b) (1st, 2d sentences). 49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 40114(a)(2) .. 49 App.:1324(d) (3d, last sentences). 49 App.:1354(b) (3d, last sentences). 49 App.:1551(b)(1)(E). 49 App.:1655(c)(1). 40114(b) ...... 49 App.:1503. 49 App.:1551(b)(1)(E). In subsection (a), the word ‘‘Administrator’’ in sec- tion 313(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 753) is retained on authority of 49:106(g). In subsection (a)(1), the words ‘‘otherwise’’, ‘‘require- ment in the premises’’, and ‘‘shall be entered of record’’ are omitted as surplus. In subsection (a)(2), the word ‘‘rules’’ is omitted as being synonymous with ‘‘regulations’’. The word ‘‘pre- scribes’’ is added for consistency in the revised title and with other titles of the United States Code. The words ‘‘under this chapter’’ and ‘‘information and’’ are omitted as surplus. The words ‘‘A publication of the Secretary or Administrator is competent evidence of its contents’’ is substituted for 49 App.:1324(d) (last sen- tence) to eliminate unnecessary words and for consist- ency. In subsection (b), the words ‘‘otherwise’’, ‘‘all con- tracts, agreements, understandings, and’’, ‘‘annual or other’’, ‘‘of air carriers and other persons’’, and ‘‘pre- served as’’ are omitted as surplus. The last sentence is substituted for 49 App.:1503 (words after 7th comma) to eliminate unnecessary words and for consistency. Statutory Notes and Related Subsidiaries CONSOLIDATION OR ELIMINATION OF OBSOLETE, REDUN- DANT, OR OTHERWISE UNNECESSARY REPORTS; USE OF ELECTRONIC MEDIA FORMAT Pub. L. 112–95, title VIII, § 806, Feb. 14, 2012, 126 Stat. 121, provided that: ‘‘(a) CONSOLIDATION OR ELIMINATION OF REPORTS.—Not later than 2 years after the date of enactment of this Act [Feb. 14, 2012], and every 2 years thereafter, the Ad- ministrator of the Federal Aviation Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing—

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40113 — Administrative

**(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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