Browse Arkansas Code titles and sections
49 U.S.C. § 40113 — Administrative
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
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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—
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.