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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, § 408, Aug. 23, 1958, 72 Stat. 767; Pub. L. 86-758, § 1, Sept. 13, 1960, 74 Stat. 901.)

REFERENCES IN TEXT

Section 5(8) of this title, referred to in subsec. (b), probably should be section 5(6) of this title which defines affiliation with a carrier.

AMENDMENTS

1969 Subsec, (a) (5). Pub. L. 91-62, § 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, § 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 title.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 2 of Pub. L. 86-758 provided that: "The amendment made by the first section of this Act [to 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].' 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 qualifies and takes office, see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of this title. The Administrator of the Federal Aviation Agency was appointed, qualified, and took office on Oct. 31, 1958.

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, Oct. 15, 1966, 80 Stat. 931, to be exercised by the National Transportation Safety Board. See sections 1655(d) and 1657 (f), (g) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1384 of this title.

§ 1379. Prohibited interests; interlocking relationships; profit from transfer of securities.

(a) 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 engaged in any phase 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 engaged in any phase 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 engaged in any phase 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 engaged in any phase 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 engaged in any phase 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 engaged in any phase of aeronautics.

(b) It shall be unlawful for any officer or director of any air carrier to receive for his own benefit, directly or indirectly, any money or thing of value in respect of negotiation, hypothecation, or sale of any securities issued or to be issued by such carrier, or to share in any of the proceeds thereof. (Pub. L. 85-726, title IV, § 409, Aug. 23, 1958, 72 Stat. 768.)

EFFECTIVE DATE

Section effective on the 60th day following the date on which the Administrator of the Federal Aviation

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, 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 title] 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 title] 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, 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 former sections 1211-1215 of this title] and 1505(2) [set out as a note under section 1301 of this title] 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, 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 Agency [now 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 Agency [now 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)) 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 under this section].

(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 Agency, 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 Agency 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

§ 1346. Fostering of civil aeronautics and air com

merce.

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, § 305. Aug. 23, 1958, 72 Stat. 749.)

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 qualifies and takes office, see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of this title. The Administrator of the Federal Aviation Agency was appointed, qualified, and took office on Oct. 31, 1958.

TRANSFER OF FUNCTIONS

"Secretary of Transportation" has been substituted for "Administrator of the Federal Aviation Agency" pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation and transferred all functions, powers, and duties of the Federal Aviation Agency and 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 to be exercised by the Federal Aviation Administrator in the Department of Transportation. See sections 1655 (c) and 1657(f), (g), of this title.

All functions, powers, and duties of the Federal Aviation Agency and of the Administrator and other offices and officers thereof were transferred by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, to the Secretary of Transportation, with the functions, powers, and duties of the Secretary of Transportation under this section pertaining to aviation safety to be exercised by the Federal Aviation Administrator in the Department of Transportation. See sections 1655 (c) and 1657 (f), (g), of this title.

§ 1347. National defense and civil needs.

In exercising the authority granted in, and discharging the duties imposed by, this chapter, the Administrator 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, § 306, Aug. 23, 1958, 72 Stat. 749.)

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 qualifies and takes office, see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of this title. The Administrator of the Federal Aviation Agency 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 by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, to the Secretary of Transportation, with the functions, powers, and duties of the Secretary of Transportation under this section pertaining to aviation safety to be exercised by the Federal Aviation Administrator in the Department of Transportation. See sections 1655 (c) and 1657 (f), (g) of this title.

§ 1348. Airspace control and facilities.

(a) Use of airspace.

The Administrator 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.

The Administrator is authorized, within the limits of available appropriations made by the Congress, (1) to acquire, establish, and improve airnavigation 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.

(c) Air traffic rules.

The Administrator 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 Act. In the exercise of the rulemaking authority under subsections (a) and (c) of this section, the Administrator shall be subject to the provisions of the Administrative Procedure Act, notwithstanding any exception relating to military or naval functions in section 1003 of Title 5.

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(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 Administrator, 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 Administrator at the earliest time practicable and, to the extent time and circumstances permit, every reasonable effort shall be made to consult fully with the Administrator and to arrange in advance for the required deviation from the rules on a mutually acceptable basis. (Pub. L. 85-726, title III, § 307, Aug. 23, 1958, 72 Stat. 749.)

REFERENCES IN TEXT

The Administrative Procedure Act, referred to in subsec. (d), is now covered by section 551 et seq. and section 701 et seq. of Title 5, Government Organization and Employees.

Section 1003 of Title 5, referred to in subsec. (d), is now covered by section 553 of Title 5.

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 qualifies and takes office, see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of this title. The Administrator of the Federal Aviation Agency 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 by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, to the Secretary of Transportation, with the functions, powers, and duties of the Secretary of Transportation under this section pertaining to aviation safety to be exercised by the Federal Aviation Administrator in the Department of Transportation. See sections 1655 (c) and 1657(f), (g) of this title.

CROSS REFERENCES

National security to be considered in exercise of powers under subsec. (a) of this section, see section 1522 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1344, 1349, 1350, 1522, 1714 of this title.

§ 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 Administrator 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 Administrator, 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.

(b) In order to assure conformity to plans and policies for allocations of airspace by the Administrator under section 1348 of this title, 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 Administrator 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 Administrator 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, § 308, Aug. 23, 1958, 72 Stat. 750.)

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 qualifies and takes office, see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of this title. The Administrator of the Federal Aviation Agency 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 by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, to the Secretary of Transportation, with the functions, powers, and duties of the Secretary of Transportation under this section pertaining to aviation safety to be exercised by the Federal Aviation Administrator in the Department of Transportation. See sections 1655 (c) and 1657 (f), (g) of this title.

§ 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 Administrator under section 1348 of this title, no airport or landing area not involving expenditure of Fedcral funds shall be established, or constructed, or any runway layout substantially altered unless reasonable prior notice thereof is given the Administrator, 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, § 309, Aug. 23, 1958, 72 Stat. 751.) 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 qualifies and takes office, see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of this title. The Administrator of the Federal Aviation Agency 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 by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, to the Secretary of Transpor

tation, with the functions, powers, and duties of the Secretary of Transportation under this section pertaining to aviation safety to be exercised by the Federal Aviation Administrator in the Department of Transportation. See sections 1655 (c) and 1657 (f), (g) of this title.

§ 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, § 310, Aug. 23, 1958, 72 Stat. 751.)

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 qualifies and takes office, see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of this title. The Administrator of the Federal Aviation Agency was appointed, qualified, and took office on Oct. 31, 1958.

TRANSFER OF FUNCTIONS

"Secretary of Transportation" has been substituted for "Administrator of the Federal Aviation Administration" pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation and the Federal Aviation Administration within such Department of Transportation and transferred to the Secretary of Transportation all functions, powers, and duties of the Federal Aviation Agency and of the Administrator and other offices and officers thereof, with the functions, powers, and duties of the Secretary of Transportation pertaining to aviation safety to be exercised by the Federal Aviation Administrator in the Department of Transportation. See sections 1655(c) and 1657 (f), (g) of this title.

§ 1352. Collection and dissemination of information.

The Secretary of Transportation is empowered and directed to collect and disseminate information relative to civil aeronautics (other than information collected and disseminated by the Board under subchapters IV and VII of this chapter); to study the possibilities of the development of air commerce and the aeronautical industry; and to exchange with foreign governments, through appropriate governmental channels, information pertaining to civil aeronautics. (Pub. L. 85-726, title III, § 311, Aug. 23, 1958, 72 Stat. 751.)

REFERENCES IN TEXT

Information collected and disseminated by the "Board" under subchapter IV of this chapter has reference to the Civil Aeronautics Board, and information collected and disseminated by the "Board" under subchapter VII of this chapter has reference to the National Transportation Safety Board.

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 qualifies and takes office, see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of this title. The Administrator of the Federal Aviation Agency was appointed, qualified, and took office on Oct. 31, 1958.

TRANSFER OF FUNCTIONS "Secretary of Transportation" has been substituted for "Administrator of the Federal Aviation Agency" and "Administrator" pursuant to Pub. L. 89-670, Oct. 15,

1966, 80 Stat. 931, which created the Department of Transportation and transferred all functions, powers, and duties of the Federal Aviation Agency and 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 to be exercised by the Federal Aviation Administrator in the Department of Transportation. See sections 1655 (c) and 1657 (f), (g) of this title.

§ 1353. Development planning.

(a) Use of navigable airspace; location of landing areas, Federal airways, radar installations, and air navigation facilities.

The Administrator 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 appli

ances.

The Administrator 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. For such purpose, the Administrator 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 Administrator 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. Contracts may be entered into for this purpose without regard to section 529 of Title 31. When there is any substantial question as to whether a matter is of primary concern to the military, the Administrator 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 Administrator 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. (Pub. L. 85-726, title III, § 312, Aug. 23, 1958, 72 Stat. 752.)

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 qualifies and takes office,

see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of this title. The Administrator of the Federal Aviation Agency 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 by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, to the Secretary of Transportation, with the functions, powers, and duties of the Secretary of Transportation under this section pertaining to aviation safety to be exercised by the Federal Aviation Administrator in the Department of Transportation. See sections 1655(c) and 1657 (f), (g) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1714 of this title.

§ 1354. Other powers and duties of Administrator. (a) Generally.

The Administrator 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.

The

Except as may be otherwise provided in this chapter, the Administrator 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. Administrator 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. tions purporting to be published by the Administrator shall be competent evidence of the orders, decisions, rules, regulations, and reports of the Administrator 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.

Publica

In the conduct of any public hearings or investigations authorized by this chapter, the Federal Airport Act, or the Airport and Airway Development Act of 1970, the Administrator 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 title. Actions of the Administrator in such cases shall be governed by the procedures specified in section 1484 of this title and be enforced in the manner provided therein. (d) Training schools.

The Administrator is empowered to conduct a school or schools for the purpose of training employees of the Administration in those subjects

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