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ment gave notice of denunciation of the Convention, emphasizing that such action was solely because of the Convention's low limits of liability for personal injury or death to passengers. Pursuant to Article 39 of the Convention this notice would become effective upon 6 months' notice, in this case, May 15, 1966. Subsequently, the International Air Transport Association (IATA) made efforts to effect an arrangement among air carriers, foreign air carriers, and other carriers (including carriers not members of IATA) providing the major portions of international air carriage to and from the United States to increase the limitations of liability now applicable to claims for personal injury and death under the Convention and the Protocol. The purpose of such action is to provide a basis upon which the United States could withdrawn its notice of denunciation.

The arrangement proposed has been embodied in an agreement (Agreement CAB 18900) between various air carriers, foreign air carriers, and other carriers which has been filed with the Board pursuant to section 412(a) of the Federal Aviation Act of 1958 [section 1382(a) of this title] and Part 261 of the Board's economic regulations and assigned the abovedesignated CAB number.

By this agreement, the parties thereto bind themselves to include in their tariffs, effective May 16, 1966, a special contract in accordance with Article 22(1) of the Convention or the Protocol providing for a limit of liability for each passenger for death, wounding, or other bodily injury of $75,000 inclusive of legal fees, and, in case of a claim brought in a State where provision is made for separate award of legal fees and costs, a limit of $58,000 exclusive of legal fees and costs. These limitations shall be applicable to international transportation by the carrier as defined in the Convention or Protocol which includes a point in the United States as a point of origin, point of destination, or agreed stopping place. The parties further agree to provide in their tariffs that the Carrier shall not, with respect to any claim arising out of the death, wounding, or other bodily injury of a passenger, avail itself of any defense under Article 20(1) of the Convention or the Convention as amended by the Protocol. The tariff provisions would stipulate, however, that nothing therein shall be deemed to affect the rights and liabilities of the Carrier with regard to any claim brought by, on behalf of, or in respect of any person who has willfully caused damage which results in death, wounding, or other bodily injury of a passenger.

The carriers by the agreement further stipulate that they will, at time of delivery of the tickets, furnish to each passenger governed by the Convention or the Protocol and by the special contract described above, a notice in 10 point type advising international passengers of the limitations of liability established by the Convention or the Protocol, or the higher liability agreed to by the special contracts pursuant to the Convention or Protocol as described above. The agreement is to become effective upon arrival by this Board, and any carrier may become a party to it by signing a counterpart thereof and depositing it with the Board. Withdrawal from the agreement may be effected by giving 12 months' written notice to the Board and the other Carrier parties thereto.

As indicated, the decision of the U.S. Government to serve notice to denounce the Convention was predicated upon the low liability limits therein for personal injury and death. The Government announced, however, that it would be prepared to withdraw the Notice of Denunciation if, prior to its effective date, there is a reasonable prospect for international agreement on limits of liability for international transportation in the area of $100,000 per passenger or on uniform rules without any limit of liability, and if pending such international agreement there is a provisional arrangement among the principal international air carriers providing for liability up to $75,000 per passenger.

Steps, have been taken by the signing carriers to have tariffs become effective May 16, 1966, upon ap

proval of this agreement, which will increase by spe cial contract their liability for personal injury or death as described herein. The signatory carriers provide by far the greater portion of international transportation to, from, and within the United States. The agreement will result in a salutory increase in the protection given to passengers from the increased liability amounts and the waiver of defenses under Article 20(1) of the Convention or Protocol. The U.S. Government has concluded that such arrangements warrant withdrawal of the Notice of Denunciation of the Warsaw Convention. Implementation of the agree ment will permit continued adherence to the Convention with the benefits to be derived therefrom, but without the imposition of the low liability limits therein contained upon most international travel involving travel to or from the United States. The stipu lation that no tariff provision shall be deemed to affect the rights and liabilities of the carrier with regard to any claim brought by, on behalf of, or in respect of any person who has willfully caused damage which results in death, wounding or other bodily injury of a passenger operates to diminish any incentive for sabotage.

Upon consideration of the agreement, and of matters relating thereto of which the Board takes notice, the Board does not find that the agreement is adverse to the public interest or in violation of the Act and it will be approved.

Accordingly, pursuant to the provisions of the Federal Aviation Act of 1958 [see Short Title note set out under section 1301 of this Appendix], and particularly sections 102, 204(a), and 412 thereof [sections 1302, 1324(a), and 1382 of this Appendix]:

It is ordered, That: 1. Agreement CAB 18900 is approved.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1482, 1514, 1517 of this Appendix.

§ 1503. Documents as evidence

The copies of tariffs and of all contracts, agreements, understandings, and arrangements filed with the Board as herein provided, and the statistics, tables, and figures contained in the annual or other reports of air carriers and other persons made to the Board as required under the provisions of this chapter shall be preserved as public records (except as otherwise provided in this chapter) in the custody of the secretary of the Board, and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the Board and in all judicial proceedings; and copies of, and extracts from, any of such tariffs, contracts, agreements, understandings, arrange ments, or reports, certified by the secretary of the Board, under the seal of the Board, shall be received in evidence with like effect as the originals.

(Pub. L. 85-726, title XI, § 1103, Aug. 23, 1958, 72 Stat. 797.)

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by section 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1,

1985.

§ 1504. Public disclosure of information

Any person may make written objection to the public disclosure of information contained

in any application, report, or document filed pursuant to provisions of this chapter or of any information obtained by the Board, the Secretary of State, or the Secretary of Transportation pursuant to the provisions of this chapter stating the grounds for such objection. Any information contained in such application, report, or document, or any such other information obtained by the Board, the Secretary of State, or the Secretary of Transportation, shall be withheld from public disclosure by the Board, the Secretary of State or the Secretary of Transportation, as the case may be, if disclosure of such information would prejudice the formulation and presentation of positions of the United States in international negotiations or adversely affect the competitive position of any air carrier in foreign air transportation. The Board, the Secretary of State, or the Secretary of Transportation, as the case may be, shall be responsible for classified information in accordance with appropriate law, except that nothing in this section shall authorize the withholding of information by the Board, the Secretary of State, or the Secretary of Transportation from the duly authorized committees of Congress.

(Pub. L. 85-726, title XI, § 1104, Aug. 23, 1958, 72 Stat. 797; Pub. L. 89-670, § 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 95-504, § 39, Oct. 24, 1978, 92 Stat. 1743; Pub. L. 96-192, § 19, Feb. 15, 1980, 94 Stat. 43.)

AMENDMENTS

1980-Pub. L. 96-192 substituted "international negotiations or" for "international negotiations and". 1978-Pub. L. 95-504 substituted "Secretary of State or the Secretary of Transportation" for "Administrator" wherever appearing, struck out provision for withholding information adversely affecting the interests of such person, and added a provision for withholding information that would prejudice the position of the United States and adversely affect the competitive position of an air carrier in foreign air transportation.

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by section 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.

For transfer of certain enforcement functions of the Secretary or other official of the Department of Transportation relating to compliance with this chapter and the authorizations and regulations issued thereunder to the Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas Transportation System, see Transfer of Functions note set out under section 1301 of this Appendix.

"Secretary of Transportation" was substituted for "Administrator" (meaning Administrator of the Federal Aviation Agency) pursuant to section 6(c)(1) of Pub. L. 89-670, which transferred all functions, powers, and duties of the Federal Aviation Agency and the Administrator thereof under this section to the Secretary of Transportation. See section 106 of Title 49, Transpor

tation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1472 of this Appendix.

§ 1505. Cooperation with Government agencies

The Board and the Secretary of Transportation may avail themselves of the assistance of the National Aeronautics and Space Administration and any research or technical agency of the United States on matters relating to aircraft fuel and oil and to the design, materials, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances, and air navigation facilities. The Board may avail itself of the assistance of the Federal Bureau of Investigation and of any investigatory or intelligence agency of the United States in the investigation of the activities of any person in connection with an aircraft accident. The Board may avail itself of the assistance of any medical agency of the United States in the conduct of such autopsies or tests on the remains of deceased persons aboard the aircraft at the time of the accident, who die as a result of the accident, as may be necessary to aid the Board in the investigation of an aircraft accident. Each such agency is authorized to conduct such scientific and technical researches, investigations, and tests as may be necessary to aid the Board and the Secretary of Transportation in the exercise and performance of their powers and duties. Nothing contained in this chapter shall be construed to authorize the duplication of the laboratory research activities of any existing governmental agency.

(Pub. L. 85-726, title XI, § 1105, Aug. 23, 1958, 72 Stat. 798; Pub. L. 87-810 § 3, Oct. 15, 1962, 76 Stat. 921; Pub. L. 89-670, § 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)

AMENDMENTS

1962-Pub. L. 87-810 authorized the Board to avail itself of the assistance of the Federal Bureau of Investigation, any investigatory or intelligence agency of the United States and any medical agency of the United States.

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by section 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.

For transfer of certain enforcement functions of the Secretary or other official of the Department of Transportation relating to compliance with this chapter and the authorizations and regulations issued thereunder to the Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas Transportation System, see Transfer of Functions note set out under section 1301 of this Appendix.

"Secretary of Transportation" was substituted for "Administrator" (meaning Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L. 89-670, in view of the transfer of all functions, powers, and duties of the Federal Aviation Agency and of 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 under this section to be exercised by the Federal Aviation Administrator in the Department of Transportation. See section 106 of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 section 106.

§ 1506. Remedies not exclusive

Nothing contained in this chapter shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies.

(Pub. L. 85-726, title XI, § 1106, Aug. 23, 1958, 72 Stat. 798.)

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal Aviation Act of 1958. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this Appendix and Tables.

§ 1507. Public use of facilities; emergency sale of equipment, supplies and services

(a) Air navigation facilities owned or operated by the United States may be made available for public use under such conditions and to such extent as the head of the department or other agency having jurisdiction thereof deems advisable and may by regulation prescribe.

(b) The head of any Government department or other agency having jurisdiction over any airport or emergency landing field owned or operated by the United States may provide for the sale to any aircraft of fuel, oil, equipment, and supplies, and the furnishing to it of mechanical service, temporary shelter, and other assistance under such regulations as the head of the department or agency may prescribe, but only if such action is by reason of an emergency necessary to the continuance of such aircraft on its course to the nearest airport operated by private enterprise. All such articles shall be sold and such assistance furnished at the fair market value prevailing locally as ascertained by the head of such department or agency. All amounts received under this subsection shall be covered into the Treasury; but that part of such amounts which, in the judgment of the head of the department or agency, is equivalent to the cost of the fuel, oil, equipment, supplies, services, shelter, or other assistance so sold or furnished shall be credited to the appropriation from which such cost was paid, and the balance, if any, shall be credited to miscellaneous receipts.

(Pub. L. 85-726, title XI, § 1107, Aug. 23, 1958, 72 Stat. 798.)

§ 1508. Declaration of national sovereignty in air space; operation of foreign aircraft

(a) The United States of America is declared to possess and exercise complete and exclusive national sovereignty in the airspace of the United States, including the airspace above all inland waters and the airspace above those portions of the adjacent marginal high seas, bays, and lakes, over which by international law or treaty or convention the United States exercises national jurisdiction. Aircraft of the armed forces of any foreign nation shall not be navigated in the United States, including the Canal Zone, except in accordance with an authorization granted by the Secretary of State.

(b) Foreign aircraft, which are not a part of the armed forces of a foreign nation, may be navigated in the United States by airmen holding certificates or licenses issued or rendered valid by the United States or by the nation in which the aircraft is registered if such foreign nation grants a similar privilege with respect to aircraft of the United States and only if such navigation is authorized by permit, order, or regulation issued by the Board hereunder, and in accordance with the terms, conditions, and limitations thereof. The Board shall issue such permits, orders, or regulations to such extent only as it shall find such action to be in the interest of the public: Provided, however, That in exercising its powers hereunder, the Board shall do so consistently with any treaty, convention, or agreement which may be in force between the United States and any foreign country or countries. Foreign civil aircraft permitted to navigate in the United States under this subsection may be authorized by the Board to engage in air commerce within the United States except that they shall not take on at any point within the United States, persons, property, or mail carried for compensation or hire and destined for another point within the United States, unless specifically authorized under section 1386(b)(7) of this Appendix or under regulations prescribed by the Secretary authorizing United States air carriers to engage in otherwise authorized common carriage and carriage of mail with foreign registered aircraft under lease or charter to them without crew. Nothing contained in this subsection shall be deemed to limit, modify, or amend section 1372 of this Appendix, but any foreign air carrier holding a permit under said section shall not be required to obtain additional authorization under this subsection with respect to any operation authorized by said permit.

(Pub. L. 85-726, title XI, § 1108, Aug. 23, 1958, 72 Stat. 798; Pub. L. 96-192, § 20, Feb. 15, 1980, 94 Stat. 43.)

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

AMENDMENTS

1980-Subsec. (b). Pub. L. 96-192 added ", unless spe cifically authorized under section 1386(b)(7) of this Appendix or under regulations prescribed by the Secretary authorizing United States air carriers to engage in otherwise authorized common carriage and carriage of mail with foreign registered aircraft under lease or charter to them without crew" following "another point within the United States".

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by section 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1401 of this Appendix.

§ 1509. Application of existing laws relating to foreign

commerce

(a) Navigation and shipping

Except as specifically provided in sections 143 to 147d of title 33, the navigation and shipping laws of the United States, including any definition of "vessel" or "vehicle" found therein and including the rules for the prevention of collisions, shall not be construed to apply to seaplanes or other aircraft or to the navigation of vessels in relation to seaplanes or other aircraft.

(b) Ports of entry for civil aircraft

The Secretary of the Treasury is authorized to (1) designate places in the United States as ports of entry for civil aircraft arriving in the United States from any place outside thereof and for merchandise carried on such aircraft, (2) detail to ports of entry for civil aircraft such officers and employees of the customs service as he may deem necessary, and to confer or impose upon any officer or employee of the United States stationed at any such port of entry (with the consent of the head of the Government department or other agency under whose jurisdiction the officer or employee is serving) any of the powers, privileges, or duties conferred or imposed upon officers or employees of the customs service, and (3) by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the customs laws to such extent and upon such conditions as he deems necessary.

(c) Entry and clearance of vessels

The Secretary of the Treasury is authorized by regulation to provide for the application to civil aircraft of the laws and regulations relating to the entry and clearance of vessels to such extent and upon such conditions as he deems necessary.

(d) Animal and plant quarantine

The Secretary of Agriculture is authorized by regulation to provide for the application to civil air navigation of the laws and regulations related to animal and plant quarantine, including the importation, exportation, transportation, and quarantine of animals, plants, animal and plant products, insects, bacterial and fungus cultures, viruses, and serums, to such extent and upon such conditions as he deems necessary.

(e) Appropriations; acquisition of space by Administrator of General Services

There are authorized to be appropriated such sums as may be necessary to enable the head of any department or agency of the Federal Government charged with any duty of inspection, clearance, collection of taxes or duties, or other similar function, with respect to persons or property moving in air commerce, to acquire such space at public airports (as defined in the Airport and Airway Improvement Act of 1982 [49 App. U.S.C. 2201 et seq.]) as he determines, after consultation with the Secretary of Transportation, to be necessary for the performance of such duty. In acquiring any such space, the

11-617 VOL. 18 0-84-80

head of such department or agency shall act through the Administrator of General Services in accordance with the procedures established by law which are generally applicable to the acquisition of space to be used by departments and agencies of the Federal Government.

(Pub. L. 85-726, title XI, § 1109, Aug. 23, 1958, 72 Stat. 799; Pub. L. 87-255, § 9, Sept. 20, 1961, 75 Stat. 527; Pub. L. 89-670, § 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 91-258, title I, § 52(b)(4)(B), May 21, 1970, 84 Stat. 235; Pub. L. 97-248, title V, § 524(a)(3), Sept. 3, 1982, 96 Stat. 696.)

REFERENCES IN TEXT

The navigation and shipping laws of the United States, referred to in subsec. (a), are classified generally to Title 33, Navigation and Navigable Waters, and to Title 46, Shipping, respectively.

Sections 143 to 147d of title 33, referred to in subsec. (a), were repealed by Pub. L. 88-131, § 3, Sept. 24, 1963, 77 Stat. 194. See section 1601 et seq. of Title 33.

The customs laws, referred to in subsec. (b), are classified generally to Title 19, Customs Duties.

The Airport and Airway Improvement Act of 1982, referred to in subsec. (e), is Pub. L. 97-248, title V, Sept. 3, 1982, 96 Stat. 671, as amended, which is classified principally to chapter 31 (§ 2201 et seq.) of this Appendix. "Public Airport" is defined in section 2202(a)(16) of this Appendix. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this Appendix and Tables.

AMENDMENTS

1982-Subsec. (e). Pub. L. 97-248 substituted “Airport and Airway Improvement Act of 1982" for “Airport and Airway Development Act of 1970". 1970-Subsec. (e). Pub. L. 91-258 substituted "Airport and Airway Development Act of 1970" for "Federal Airport Act".

1961-Subsec. (e). Pub. L. 87-255 added subsec. (e).

EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of Pub. L. 97-248, set out as an Effective Date note under section 2201 of this Appendix.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-255 inapplicable to projects for which amounts have been obligated by execution of grant agreements before Sept. 20, 1961, such projects being subject to former chapter 14 of this Appendix prior to its amendment by Pub. L. 87-255, see section 10 of Pub. L. 87-255.

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of the Secretary or other official of the Department of Transportation relating to compliance with this chapter and the authorizations and regulations issued thereunder to the Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas Transportation System, see Transfer of Functions note set out under section 1301 of this Appendix.

In subsec. (e), "Secretary of Transportation" was substituted for "Administrator" (meaning Administrator of the Federal Aviation Agency) pursuant to section 6(c)(1) of Pub. L. 89-670, which transferred all functions, powers, and duties of the Federal Aviation Agency and the Administrator thereof under this section to the Secretary of Transportation. See section 106 of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1474 of this Appendix.

§ 1510. Geographical extension of jurisdiction

Whenever the President determines that such action would be in the national interest, he may, to the extent, in the manner, and for such periods of time as he may consider necessary, extend the application of this chapter to any areas of land or water outside of the United States and the overlying airspace thereof in which the Federal Government of the United States, under international treaty, agreement or other lawful arrangement has the necessary legal authority to take such action.

(Pub. L. 85-726, title XI, § 1110, Aug. 23, 1958, 72 Stat. 800.)

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by section 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.

Ex. ORD. No. 10854. EXTENSION OF APPLICATION Ex. Ord. No. 10854, Nov. 27, 1959, 24 F.R. 9565, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided:

The application of the Federal Aviation Act of 1958 (72 Stat. 731; 49 U.S.C.A. § 1301 et seq. [49 App. U.S.C. 1301 et seq.]), to the extent necessary to permit the Secretary of Transportation to accomplish the purposes and objectives of Titles III and XII thereof [49 App. U.S.C. 1341 et seq., 1521 et seq.], is hereby extended to those areas of land or water outside the United States and the overlying airspace thereof over or in which the Federal Government of the United States, under international treaty, agreement or other lawful arrangement, has appropriate jurisdiction or control: Provided, That the Secretary of Transportation, prior to taking any action under the authority hereby conferred, shall first consult with the Secretary of State on matters affecting foreign relations, and with the Secretary of Defense on matters affecting national-defense interests, and shall not take any action which the Secretary of State determines to be in conflict with any international treaty or agreement to which the United States is a party, or to be inconsistent with the successful conduct of the foreign relations of the United States, or which the Secretary of Defense determines to be inconsistent with the requirements of national defense.

Ex. ORD. No. 11326. REGULATION OF AIR
TRANSPORTATION IN RYUKYU ISLANDS

Ex. Ord. No. 11326, Feb. 13, 1967, 32 F.R. 2841, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided:

By virtue of the authority vested in me by the Constitution and laws of the United States, including Section 1110 of the Federal Aviation Act of 1958 (72 Stat. 800, 49 U.S.C. 1510 [49 App. U.S.C. 1510]), and as President of the United States and Commander in Chief of the Armed Forces of the United States, and having determined that such action would be in the national interest, it is hereby ordered as follows: SECTION 1. As used in this order,

(a) "Ryukyu Islands" means the territory, including territorial waters and overlying airspace, to which Executive Order No. 10713 of June 5, 1957, as amended, applies.

(b) "Act" means the Federal Aviation Act of 1958 (72 Stat. 731, 49 U.S.C. 1301 et seq. [49 App. U.S.C. 1301 et seq.]), as amended.

(c) "Board" means the Civil Aeronautics Board. (d) "High Commissioner" means the High Commissioner of the Ryukyu Islands.

SEC. 2. The provisions of Titles IV, VII, IX, X, and Section 1108(b) of the Act [49 App. U.S.C. 1371 et seq., 1461 et seq., 1471 et seq., 1481 et seq., and 1508(b)) together with the related definitions in Section 101 thereof [49 App. U.S.C. 13011, are extended to the Ryukyu Islands insofar as applicable to the economic regulation by the Board of civil air transportation originating in the Ryukyu Islands and terminating elsewhere, or terminating in the Ryukyu Islands and originating elsewhere, or transiting the Ryukyu Islands.

SEC. 3. The provisions of Title VII of the Act [49 App. U.S.C. 1441 et seq.] are extended to the Ryukyu Islands for all purposes.

SEC. 4. Before taking action on any application filed pursuant to the Act as extended by this order, the Board shall obtain and consider the views of the High Commissioner concerning such application. The High Commissioner shall promptly provide such views to the Board on request.

SEC. 5. All presently outstanding orders, authorizations, and regulations applicable to the Ryukyu Islands, heretofore entered by the Board under the Act or by a predecessor agency under the Civil Aeronautics Act of 1938 (52 Stat. 973), are hereby ratified and confirmed.

SEC. 6. The High Commissioner shall control and regulate aviation within the Ryukyu Islands except as provided in Sections 2 and 3. The Board and the Secretary of Transportation shall furnish the High Commissioner such technical advice and assistance, pursu ant to interagency agreement, as he shall require to carry out this responsibility.

SEC. 7. The Ryukyu Islands are removed from the applicability of Executive Order No. 10854 of November 27, 1959.

LYNDON B. JOHNSON.

§ 1511. Authority to refuse transportation; grounds; agreements for carriage of persons or property deemed to include agreements to refuse carriage upon refusal of consent to search

(a) The Secretary of Transportation shall, by regulation, require any air carrier, intrastate air carrier, or foreign air carrier to refuse to transport

(1) any person who does not consent to a search of his person, as prescribed in section 1356(a) of this Appendix, to determine whether he is unlawfully carrying a dangerous weapon, explosive, or other destructive substance, or

(2) any property of any person who does not consent to a search or inspection of such property to determine whether it unlawfully contains a dangerous weapon, explosive, or other destructive substance.

Subject to reasonable rules and regulations prescribed by the Secretary of Transportation, any such carrier may also refuse transportation of a passenger or property when, in the opinion of the carrier, such transportation would or might be inimical to safety of flight.

(b) Any agreement for the carriage of persons or property in air transportation or intrastate air transportation by an air carrier, intrastate air carrier, or foreign air carrier for compensation or hire shall be deemed to include an agreement that such carriage shall be refused when consent to search such persons or inspect

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