Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · STATUTES-AT-LARGE · Vol. 52 STAT. · Public Law 707

Public Law 707.

32,424 words·~147 min read·/statutes-at-large/vol-52/public-law-707·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/75/706)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That this Act,Civil Aeronautics Act of 1938. divided into titles and sections according to the following table of contents, may be cited as the “Civil Aeronautics Act of 1938”: TABLE OF CONTENTS Table of contents. TITLE I— GENERAL PROVISIONS Title I—General Provisions, p. 977. Sec. 1. Definitions. Sec. 2. Declaration of policy. Sec. 3. Public right of transit. TITLE II— ORGANIZATION OF AUTHORITY Title II—Organization of Authority, p. 980. Sec. 201. Creation of Authority.
(a)Appointment of members of Authority.
(b)Administrator.
(c)Qualifications of members.
(d)Quorum, principal office, and seal. Sec. 202. Organization of Authority.
(a)Officers and employees.
(b)Temporary personnel. Sec. 203. Personnel, property, and appropriations.
(a)Personnel and property.
(b)Appropriations. Sec. 204. Authorization of expenditures and travel.
(a)General authority.
(b)Purchase of aircraft.
(c)Travel. Sec. 205. General powers and duties of the Authority.
(a)General powers.
(b)Cooperation with State aeronautical agencies.
(c)Exchange of information.
(d)Publications. Sec. 206. Annual report. 52 Stat. 974 TITLE III— POWERS AND DUTIES OF ADMINISTRATOR Title III—Powers and Duties of Administrator, p. 985. Sec. 301. Fostering of air commerce. Sec. 302. Civil airways and facilities.
(a)General.
(b)Method of establishment.
(c)Airport survey. Sec. 303. Expenditure of Federal funds. Sec. 304. Meteorological service. Sec. 305. Development of facilities. Sec. 306. Collection and dissemination of information. Sec. 307. Development planning. Sec. 308. Other duties of Administrator. TITLE IV— AIR CARRIER ECONOMIC REGULATION Title IV—Air Carrier Economic Regulation, p. 987. Sec. 401. Certificate of public convenience and necessity.
(a)Certificate required.
(b)Application for certificate.
(c)Notice of application.
(d)Issuance of certificate.
(e)Existing air carriers.
(f)Terms and conditions of certificate.
(g)Effective date and duration of certificate.
(h)Authority to modify, suspend, or revoke.
(i)Transfer of certificate.
(j)Certain rights not conferred by certificate.
(k)Application for abandonment.
(l)Compliance with labor legislation.
(m)Requirement as to carriage of mail.
(n)Application for new mail service. Sec. 402. Permits to foreign air carriers.
(a)Permit required.
(b)Issuance of permit.
(c)Existing permits.
(d)Application for permit.
(e)Notice of application.
(f)Terms and conditions of permit.
(g)Authority to modify, suspend, or revoke.
(h)Transfer of permit. Sec. 403. Tariffs of air carriers.
(a)Filing of tariffs required.
(b)Observance of tariffs; rebating prohibited.
(c)Notice of tariff change.
(d)Filing of divisions of rates and charges required. Sec. 404. Rates for carriage of persons and property.
(a)Carrier’s duty to provide service, rates, and divisions.
(b)Discrimination.
(c)Foreign rate study. Sec. 405. Transportation of mail.
(a)Continuation and termination of mail contracts.
(b)Continuation and termination of foreign-mail contracts.
(c)Termination of bonds.
(d)Rules and regulations.
(e)Mail schedules.
(f)Maximum mail load.
(g)Tender of mail.
(h)Foreign postal arrangements.
(i)Transportation of foreign mail.
(j)Evidence of performance of mail service.
(k)Emergency mail service.
(l)Experimental air-mail service.
(m)Free travel for postal employees. Sec. 406. Rates for transportation of mail.
(a)Authority to fix rates.
(b)Rate-making elements.
(c)Statement of Postmaster General and carrier.
(d)Weighing of mail.
(e)Availability of appropriations.
(f)Payments to foreign air carriers. Sec. 407. Accounts, records, and reports.
(a)Filing of reports.
(b)Disclosure of stock ownership.
(c)Disclosure of stock ownership by officer or director.
(d)Form of accounts.
(e)Inspection of accounts and property. 52 Stat. 975 Sec. 408. Consolidation, merger, and acquisition of control.
(a)Acts prohibited.
(b)Power of Authority.
(c)Interests in ground facilities.
(d)Jurisdiction of accounts of noncarriers.
(e)Investigation of violations. Sec. 409. Prohibited interests.
(a)Interlocking relationships.
(b)Profit from transfer of securities. Sec. 410. Loans and financial aid. Sec. 411. Methods of competition. Sec. 412. Pooling and other agreements.
(a)Filing of agreements required.
(b)Approval by Authority. Sec. 413. Form of control. Sec. 414. Legal restraints. Sec. 415. Inquiry into air carrier management. Sec. 416. Classification and exemption of carriers.
(a)Classification.
(b)Exemptions. TITLE V— NATIONALITY AND OWNERSHIP OF AIRCRAFT Title V—Nationality and Ownership of Aircraft, p. 1005. Sec. 501. Registration of aircraft nationality.
(a)Registration required.
(b)Eligibility for registration.
(c)Issuance of certificate.
(d)Applications.
(e)Suspension or revocation.
(f)Effect of registration. Sec. 502. Registration of engines, propellers, and appliances. Sec. 503. Recordation of aircraft ownership.
(a)Establishment of recording system.
(b)Conveyances to be recorded.
(c)Form of conveyance.
(d)Index of conveyances.
(e)Regulations.
(f)Previously unrecorded ownership. TITLE VI— CIVIL AERONAUTICS SAFETY REGULATION Title VI—Civil Aeronautics Safety Regulation, p. 1007. Sec. 601. General safety powers and duties.
(a)Minimum standards; rules and regulations.
(b)Needs of service to be considered; classifications of standards, etc. Sec. 602. Airman certificates.
(a)Power to issue certificate.
(b)Issuance of certificate.
(c)Form and recording of certificate. Sec. 603. Aircraft certificates.
(a)Type certificates.
(b)Production certificate.
(c)Airworthiness certificate. Sec. 604. Air carrier operating certificates.
(a)Power to issue.
(b)Issuance. Sec. 605. Maintenance of equipment in air transportation.
(a)Duty of carriers and airmen.
(b)Inspection. Sec. 606. Air navigation facility rating. Sec. 607. Air agency rating. Sec. 608. Form of applications. Sec. 609. Amendment, suspension, and revocation of certificates. Sec. 610. Prohibitions.
(a)Violations of title.
(b)Exemption of foreign aircraft and airmen. TITLE VII— AIR SAFETY BOARD Title VII—Air Safety Board, p. 1012. Sec. 701. Creation and organization of board.
(a)Appointment of board.
(b)Personnel.
(c)Temporary personnel.
(d)Authorization of expenditures.
(e)Preservation of records and reports. 52 Stat. 976 Sec. 702. Duties of the board.
(a)General duties.
(b)Manner of performance.
(c)Conduct of investigations.
(d)Aircraft. TITLE VIII— OTHER ADMINISTRATIVE AGENCIES Title VIII—Other Administrative Agencies, p. 1014. Sec. 801. The President of the United States. Sec. 802. The Department of State. Sec. 803. Weather Bureau. TITLE IX— PENALTIES Title IX—Penalties, p. 1015. Sec. 901. Civil penalties.
(a)Safety and postal offenses.
(b)Liens. Sec. 902. Criminal penalties.
(a)General.
(b)Forgery of certificates.
(c)Interference with air navigation.
(d)Granting rebates.
(e)Failure to file reports; falsification of records.
(f)Divulging information.
(g)Refusal to testify. Sec. 903. Venue and prosecution of offenses.
(a)Venue.
(b)Procedure in respect of civil penalties. TITLE X— PROCEDURE Title X—Procedure, p. 1017. Sec. 1001. Conduct of proceedings. Sec. 1002. Complaints to and investigations by the Authority.
(a)Filing of complaints authorized.
(b)Investigations on initiative of Authority.
(c)Entry of orders for compliance with Act.
(d)Power to prescribe rates and practices of air carriers.
(e)Rule of rate making.
(f)Removal of discrimination in foreign air transportation.
(g)Suspension of rates.
(h)Power to prescribe divisions of rates.
(i)Power to establish through air transportation service. Sec. 1003. Joint boards.
(a)Designation of boards.
(b)Through service and joint rates.
(c)Jurisdiction of boards.
(d)Power of boards.
(e)Judicial enforcement and review. Sec. 1004. Evidence.
(a)Power to take evidence.
(b)Power to issue subpena.
(c)Enforcement of subpena.
(d)Contempt.
(e)Deposition.
(f)Method of taking depositions.
(g)Foreign depositions.
(h)Fees.
(i)Compelling testimony. Sec. 1005. Orders, notices, and service.
(a)Effective date of orders; emergency orders.
(b)Designation of agent for service.
(c)Other methods of service.
(d)Suspension or modification of order.
(e)Compliance with order required.
(f)Form and service of orders. Sec. 1006. Judicial review of Authority’s orders.
(a)Orders of Authority subject to review.
(b)Venue.
(c)Notice of Authority; filing of transcript.
(d)Power of court.
(e)Findings of fact by Authority conclusive.
(f)Certification or certiorari. Sec. 1007. Judicial enforcement.
(a)Jurisdiction of court.
(b)Application for enforcement. 52 Stat. 977 Sec. 1008. Participation by Authority in court proceedings. Sec. 1009. Joinder of parties. TITLE XI— MISCELLANEOUS Title XI—Miscellaneous, p. 1026. Sec. 1101. Hazards to air commerce. Sec. 1102. International agreements. Sec. 1103. Nature and use of documents filed. Sec. 1104. Withholding of information. Sec. 1105. Cooperation with Government Agencies. Sec. 1106. Remedies not exclusive. Sec. 1107. Amendments and repeals. Sec. 1108. Effect of transfers, repeals, and amendments.
(a)Effectiveness of existing orders, regulations, etc.
(b)Pending administrative proceedings.
(c)Pending judicial proceedings.
(d)Records transferred to Authority. Sec. 1109. Separability. Sec. 1110. Effective date. TITLE I— GENERAL PROVISIONSTitle I—General Provisions. definitions Section 1. As used in this Act, unless the context otherwise Definitions.requires—
(1)“Aeronautics” means the science and art of flight.“Aeronautics.”
(2)“Air carrier” means any citizen of the United States who“Air carrier.” undertakes, whether directly or indirectly or by a lease or any other arrangement, to engage in air transportation: *Provided*, That the*Proviso*.Exemptions. Authority may by order relieve air carriers who are not directly engaged in the operation of aircraft in air transportation from the provisions of this Act to the extent and for such periods as may be in the public interest.
(3)“Air commerce” means interstate, overseas, or foreign air“Air commerce.” commerce or the transportation of mail by aircraft or any operation or navigation of aircraft within the limits of any civil airway or any operation or navigation of aircraft which directly affects, or which may endanger safety in, interstate, overseas, or foreign air commerce.
(4)“Aircraft” means any contrivance now known or hereafter“Aircraft.” invented, used, or designed for navigation of or flight in the air.
(5)“Aircraft engine” means an engine used, or intended to be used,“Aircraft engine.” for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers.
(6)“Airman” means any individual who engages, as the person in“Airman.” command or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way; and (except to the extent the Authority may otherwise provide with respect to individuals employed outside the United States) any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, or appliances; and any individual who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator.
(7)“Air navigation facility” means any facility used in, available“Air navigation facility.” for use in, or designed for use in, aid of air navigation, including landing areas, lights, any apparatus or equipment for disseminating weather information, for signaling, for radio-directional finding, or for radio or other electrical communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft.
(8)“Airport” means a landing area used regularly by aircraft for“Airport.” receiving or discharging passengers or cargo. 52 Stat. 978
(9)“Air-space reservation.” “Air-space reservation’’ means air space, identified by an area on the surface of the earth, in which the flight of aircraft is prohibited or restricted.
(10)“Air transportation.” “Air transportation” means interstate, overseas, or foreign air transportation or the transportation of mail by aircraft.
(11)“Appliances.” “Appliances” means instruments, equipment, apparatus, parts, appurtenances, or accessories, of whatever description, which are used, or are capable of being or intended to be used, in the navigation, operation, or control of aircraft in flight (including parachutes and including communication equipment and any other mechanism or mechanisms installed in or attached to aircraft during flight), and which are not a part or parts of aircraft, aircraft engines, or propellers.
(12)“Authority.” “Authority” means the Civil Aeronautics Authority.
(13)“Citizen of the United States.” “Citizen of the United States” means
(a)an individual who is a citizen of the United States or of one of its possessions, or
(b)a partnership of which each member is such an individual, or
(c)a corporation or association created or organized under the laws of the United States or of any State, Territory, or possession of the United States, of which the president and two-thirds or more of the board of directors and other managing officers thereof are such individuals and in which at least 75 per centum of the voting interest is owned or controlled by persons who are citizens of the United States or of one of its possessions.
(14)“Civil aircraft.” “Civil aircraft” means any aircraft other than a public aircraft.
(15)“Civil aircraft of the United States.” “Civil aircraft of the United States” means any aircraft registered as provided in this Act.
(16)“Civil airway.” “Civil airway” means a path through the navigable air space of the United States, identified by an area on the surface of the earth, designated or approved by the Administrator as suitable for interstate, overseas, or foreign air commerce.
(17)“Conditional sale.” “Conditional sale” means
(a)any contract for the sale of an aircraft or portion thereof under which possession is delivered to the buyer and the property is to vest in the buyer at a subsequent time upon the payment of part or all of the price, or upon the performance of any other condition or the happening of any contingency; or
(b)any contract for the bailment or leasing of an aircraft, or portion thereof by which the bailee or lessee contracts to pay as compensation a sum substantially equivalent to the value thereof, and by which it is agreed that the bailee or lessee is bound to become, or has the option of becoming, the owner thereof upon full compliance with the terms of the contract. The buyer, bailee, or lessee shall be deemed to be the. person by whom any such contract is made or given.
(18)“Conveyance.” “Conveyance” means a bill of sale, contract of conditional sale, mortgage, assignment of mortgage, or other instrument affecting title to, or interest in, property.
(19)“Foreign air carrier.” “Foreign air carrier” means any person, not a citizen of the United States, who undertakes, whether directly or indirectly or by a lease or any other arrangement, to engage in foreign air transportation.
(20)“Interstate air commerce”; “overseas air commerce”; “foreign air commerce.” “Interstate air commerce”, “overseas air commerce”, and “foreign air commerce”, respectively, mean the carriage by aircraft of persons or property for compensation or hire, or the carriage of mail by aircraft, or the operation or navigation of aircraft in the conduct or furtherance of a business or vocation, in commerce between, respectively—
(a)a place in any State of the United States, or the District of Columbia, and a place in any other State of the United States, or the District of Columbia; or between places in the same State of52 Stat. 979 the United States through the air space over any place outside thereof; or between places in the same Territory or possession (except the Philippine Islands) of the United States, or the District of Columbia;
(b)a place in any State of the United States, or the District of Columbia, and any place in a Territory or possession of the United States; or between a place in a Territory or possession of the United States, and a place in any other Territory or possession of the United States; and
(c)a place in the United States and any place outside thereof, whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation.
(21)“Interstate air transportation”, “overseas air transportation”,“Interstate air transportation”; “overseas air transportation”; “foreign air transportation.” and “foreign air transportation”, respectively, mean the carriage by aircraft of persons or property as a common carrier for compensation or hire or the carriage of mail by aircraft, in commerce between, respectively—
(a)a place in any State of the United States, or the District of Columbia, and a place in any other State of the United States, or the District of Columbia; or between places in the same State of the United States through the air space over any place outside thereof; or between places in the same Territory or possession (except the Philippine Islands) of the United States, or the District of Columbia;
(b)a place in any State of the United States, or the District of Columbia, and any place in a Territory or possession of the United States; or between, a place in a Territory or possession of the United States, and a place in any other Territory or possession of the United States; and
(c)a place in the United States and any place outside thereof, whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation.
(22)“Landing area” means any locality, either of land or water,“Landing area.” including airports and intermediate landing fields, which is used, or intended to be used, for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo.
(23)“Mail” means United States mail and foreign-transit mail. “Mail.”
(24)“Navigable air space” means air space above the minimum“Navigable air space.” altitudes of flight prescribed by regulations issued under this Act.
(25)“Navigation of aircraft” or “navigate aircraft” includes the“Navigation of aircraft” or “navigate aircraft.” piloting of aircraft.
(26)“Operation of aircraft” or “operate aircraft” means the use“Operation of aircraft” or “operate aircraft.” of aircraft, for the purpose of air navigation and includes the navigation of aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft within the meaning of this Act.
(27)“Person” means any individual, firm, copartnership, corporation,“Person.” company, association, joint-stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.
(28)“Propeller” includes all parts, appurtenances, and accessories“Propeller.” thereof.
(29)“Possessions of the United States” means
(a)Puerto Rico,“Possessions of the United States.” notwithstanding the provisions of the Act of March 2, 1917, entitled “An Act to provide a civil government for Puerto Rico”, and any other Act or Acts which are inconsistent with the provisions of this Act;52 Stat. 980
(b)the Canal Zone, but nothing herein shall impair or affect the jurisdiction which has heretofore been, or may hereafter be, granted to the President in respect of air navigation in the Canal Zone;
(c)the Philippine Islands, except that the operation of civil aircraft within the jurisdiction of the Philippine Islands shall be governed by laws enacted by the legislature of the islands and by executive regulations designating air-space reservations or other prohibited areas; and
(d)all other possessions of the United States.
(30)“Public aircraft.” “Public aircraft” means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any State, Territory, or possession or the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.
(31)“United States.” “United States” means the several States, the District of Columbia, and the several Territories and possessions of the United States, including the Territorial waters and the overlying air space thereof. declaration of policy Sec. 2. Declaration of policy. In the exercise and performance of its powers and duties under this Act, the Authority shall consider the following, among other things, as being in the public interest, and in accordance with the public convenience and necessity—
(a)The encouragement and development of an air-transportation system properly adapted to the present and future needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense;
(b)The regulation of air transportation in such manner as to recognize and preserve the inherent advantages of, assure the highest degree of safety in, and foster sound economic conditions in, such transportation, and to improve the relations between, and coordinate transportation by, air carriers;
(c)The promotion of adequate, economical, and efficient service by air carriers at reasonable charges, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices;
(d)Competition to the extent necessary to assure the sound development of an air-transportation system properly adapted to the needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense;
(e)The regulation of air commerce in such manner as to best promote its development and safety; and
(f)The encouragement and development of civil aeronautics. public right of transit Sec. 3. Public right of transit. There is hereby recognized and declared to exist in behalf of any citizen of the United States a public right of freedom of transit in air commerce through the navigable air space of the United States. TITLE II— ORGANIZATION OF AUTHORITY Title II—Organization of Authority. creation of authorityCreation. Appointment of Members of AuthorityAppointment of members. Sec. 201. Composition, terms of office, etc.
(a)An agency is created and established to be known as the “Civil Aeronautics Authority” which shall be composed of five members who shall be appointed by the President, by and with52 Stat. 981 the advice and consent of the Senate, as soon as practicable after the passage of this Act, and who shall continue in office as designated by the President at the time of nomination through the last day of the second, third, fourth, fifth, and sixth calendar years, respectively, following the passage of this Act. The President shall designate annually one of the members of the Authority as chairman and one of the members as vice chairman who shall act as chairman in the absence or incapacity of the chairman. The successors of the members shall be appointed for terms of six years in the same manner as the members originally appointed under this Act, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. The members of the Authority mayRemovals. be removed by the President for inefficiency, neglect of duty, or malfeasance in office. No more than three of the members shall be appointed from the same political party. Each member of the AuthoritySalary. shall receive a salary at the rate of $12,000 per annum. Administrator
(b)There shall be in the Authority an Administrator who shallAdministrator. be appointed by the President by and with the advice and consent of the Senate, and who shall receive a salary at the rate of $12,000 per annum. Qualifications of Members
(c)The members of the Authority shall be appointed with dueQualifications of members. regard to their fitness for the efficient dispatch of the powers and duties vested in and imposed upon the Authority by this Act. Each member of the Authority, and the Administrator, shall be a citizen of the United States, and no member of the Authority, or the Administrator, shall have any pecuniary interest in or own any stock in or bonds of any civil aeronautics enterprise. No member of the Authority, or the Administrator, shall engage in any other business, vocation, or employment. Quorum, Principal Office, and Seal
(d)Three of the members shall constitute a quorum of the Authority.Quorum, principal office, and seal. The principal office of the Authority shall be in the District of Columbia where its general sessions shall be held, but whenever the convenience of the public or of the parties may be promoted, or delay or expense may be prevented, the Authority may hold hearings or other proceedings at any other place. The Authority shall have an official seal which shall be judicially noticed and which shall be preserved in the custody of the secretary of the Authority. organization of authorityOrganization of Authority. Officers and Employees Sec. 202.
(a)The Authority shall, without regard to the civil-serviceOfficers and employees. laws, appoint and prescribe the duties of a secretary of the Authority and a secretary for each member, and, subject to such noncompetitive tests of fitness as the Civil Service Commission may prescribe, appoint and prescribe the duties of a general counsel, a director for each Bureau, and such assistant directors and heads of divisions or sections as may be necessary. Subject to the provisions of the civil-service laws, the Authority shall employ such other officers and employees as it shall deem necessary in exercising and performing its powers and duties. The Administrator shall, without regard to the civil-service laws, appoint and prescribe the duties of a secretary,52 Stat. 982 and, subject to the civil-service laws, appoint and prescribe the duties of such other officers and employees as he shall deem necessary in exercising and performing his powers and duties. The compensation of all officers and employees appointed by the Authority or by the [5 U. S. C. §§ 661–674; Supp. III, §§ 673, 673c](/us/usc/t5/s661/674/673/673c).Administrator under this subsection shall be fixed in accordance with the Classification Act of 1923, as amended. Temporary Personnel
(b)Temporary personnel. The Authority, and the Administrator, may, from time to time, without regard to the provisions of the civil-service laws, engage for temporary service such duly qualified consulting engineers or agencies, or other qualified persons as are necessary in the exercise and performance of the powers and duties of each, and fix the compensation of such engineers, agencies, or persons without regard to the Classification Act of 1923. as amended, and the expenses of such employment shall be paid out of the appropriation for the administration of this Act. personnel, property, and appropriationsPersonnel, property, and appropriations. Personnel and Property Sec. 203. Personnel and property, transfers.
(a)Such officers and employees of the Bureau of Air Mail of the Interstate Commerce Commission and of the Bureau of Air Commerce of the Department of Commerce, and such property (including office equipment and official records), as the President shall determine to have been employed by the Secretary of Commerce in the exercise and performance of the powers and duties vested in [44 Stat. 568](/us/stat/44/568).[49 U. S. C. §§ 171–184](/us/usc/t49/s171/184).and imposed upon him by the Air Commerce Act of 1926, as amended (44 Stat. 568; U. S. C., 1934 ed., title 49, sec. 171 et seq.), and by the Secretary of Commerce and the Interstate Commerce Commission in the exercise and performance of the powers and duties vested [48 Stat. 933](/us/stat/48/933); [49 Stat. 614](/us/stat/49/614).[39 U. S. C. §§ 463, 469–469s; Supp. III, ch. 13](/us/usc/t39/s463/469/469s).in and imposed upon them by the Air Mail Act of 1934, approved June 12, 1934, as amended (48 Stat. 933; U. S. C., 1934 ed., Supp. II, title 39, sec. 469 et seq.), are transferred to the Authority upon such date or dates as the President shall specify by Executive order: *Provisos*.Transfer without salary reduction; exception. *Provided*, That the transfer of such personnel shall be without reduction in classification or compensation, except that this requirement shall not operate after the end of the fiscal year during which such transfer is made to prevent the adjustment of classification or compensation to conform to the duties to which such transferred personnel Acquisition of civil-service status.may be assigned: *Provided further*, That such of the personnel so transferred as do not already possess a classified civil-service status shall not acquire such status by reason of such transfer except
(1)upon recommendation of the Authority within one year after such personnel have been so transferred and certification within such period by the Authority to the Civil Service Commission that such personnel have served with merit for not less than six months prior to the transfer, and
(2)upon passing such suitable noncompetitive examinations as the Civil Service Commission may prescribe: Status of those taking examinations. *And provided further*, That no officer or employee taking such examination shall be discharged or reduced in grade or compensation pending the result thereof, except for cause in the manner provided by law. Appropriations Appropriations.
(b)Funds available. Such of the unexpended balances of appropriations available for use by the Secretary of Commerce in the exercise and performance [44 Stat. 568](/us/stat/44/568).[49 U. S. C. §§ 171–184](/us/usc/t49/s171/184).of the powers and duties vested in and imposed upon him by the Air Commerce Act of 1926, as amended, and by the Secretary of Commerce52 Stat. 983 and the Interstate Commerce Commission in the exercise and performance of the powers and duties vested in and imposed upon[48 Stat. 933](/us/stat/48/933); [49 Stat. 614](/us/stat/49/614).[39 U. S. C. §§ 463, 469–469s; Supp, III, ch. 13](/us/usc/t39/s463/469/469s/13). them by the Air Mail Act of 1934, approved June 12, 1934, as amended, as the President shall deem necessary and specify by Executive order, are transferred to the Authority upon such date or dates as the President shall specify by Executive order, and shall be available for use in connection with the exercise and performance of the powers and duties vested in and imposed upon the Authority, the Administrator, and the Air Safety Board by this Act. authorization of expenditures and travelAuthorization of expenditures and travel. General Authority Sec. 204.
(a)The Authority is empowered to make such expendituresGeneral authority. at the seat of government and elsewhere as may be necessary for the exercise and performance of the powers and duties vested in and imposed upon the Authority, the Administrator, and the Air Safety Board by law, and as from time to time may be appropriated for by Congress, including expenditures for
(1)rent and personal services at the seat of government and elsewhere;
(2)travel expenses;
(3)office furniture, equipment and supplies, lawbooks, newspapers, periodicals, and books of reference (including the exchange thereof);
(4)printing and binding;
(5)membership in and cooperation with such organizations as are related to, or are part of, the civil-aeronautics industry or the art of aeronautics in the United States or in any foreign country;
(6)attendance at meetings and conventions when in the public interest;
(7)making investigations and conducting studies in matters pertaining to aeronautics; and
(8)acquisition (including exchange), operation, and maintenance of passenger-carrying automobiles and aircraft, and such other property as is necessary in the exercise and performance of the powers and duties of the Authority, the Administrator, and the Air Safety Board: *Provided*, That no aircraft, or motor vehicle, purchased*Proviso*.Aircraft, etc., use restricted. under the provisions of this section, shall be used otherwise than for official business. The Authority may include, among expendituresTransportation between airports, etc. for travel, reasonable expenditures for transportation between airports and centers of population whether or not such transportation is incidental to travel by aircraft. Purchase of Aircraft
(b)The Authority, within the limits of appropriations madePurchase of aircraft. available by Congress, may purchase and exchange modem aircraft, completely equipped in such manner that such aircraft can be used in testing and checking every phase of flight operation; and may purchase and exchange for the use of the Administrator and the Air Safety Board modern aircraft similar to aircraft used or suitable for use in air transportation, completely equipped in such manner that they can be used in testing and checking every phase of flight operation encountered in air transportation. The Authority is authorized to obtain necessary space, facilities, and personnel for the storage, maintenance, operation, and navigation of such aircraft. Travel
(c)Travel by personnel of the United States Government on commercialTravel. aircraft, domestic or foreign, including travel between airports and centers of population or posts of duty when incidental to travel on commercial aircraft, shall be allowed at public expense when52 Stat. 984 authorized or approved by competent authority, and transportation requests for such travel may be issued upon such authorizations. Such expense shall be allowed without regard to comparative costs of transportation by aircraft with other modes of transportation. general powers and duties of the authorityGeneral powers and duties of the Authority. General Powers Sec. 205. General powers.
(a)The Authority 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 procedure, pursuant to and consistent with the provisions of this Act, as it shall deem necessary to carry out such provisions and to exercise and perform its powers and duties under this Act. Cooperation With State Aeronautical Agencies
(b)Cooperation with State aeronautical agencies. The Authority is empowered to confer with or to hold joint hearings with any State aeronautical agency, or other State agency, in connection with any matter arising under this Act, and to avail itself of the cooperation, services, records, and facilities of such State agencies as fully as may be practicable in the administration and enforcement of this Act. Exchange of Information
(c)Exchange of information. The Authority is empowered to exchange with foreign governments, through appropriate agencies of the United States, information pertaining to aeronautics. Publications
(d)Publications. Except as may be otherwise provided in this Act, the Authority shall make a report in writing in all proceedings and investigations under this Act in which formal hearings have been held, and shall state in such report its conclusions together with its 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. The Authority shall provide for the publication of such reports, and all other reports, orders, decisions, rules, and regulations issued by it under this Act in such form and manner as may be best adapted for public information and use. Publications purporting to be published by the Authority shall be competent evidence of the orders, decisions, rules, regulations, and reports of the Authority 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. annual report Sec. 206. Annual report to Congress. The Authority shall make an annual report to the Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such report shall contain in addition to a report of the work performed under this Act, such information and data collected by the Authority, the Administrator, and the Air Safety Board as may be considered of value in the determination of questions connected with the development and regulation of civil aeronautics, together with such recommendations as to additional legislation relating thereto as the Authority may deem necessary. The Authority may also transmit recommendations as to such additional legislation more frequently. 52 Stat. 985 TITLE III— POWERS AND DUTIES OF ADMINISTRATOR Title III—Powers and Duties of Administrator. fostering of air commerce Sec. 301. The Administrator is empowered and directed to encourageFostering of air commerce. and foster the development of civil aeronautics and air commerce in the United States, and abroad, and to encourage the establishment of civil airways, landing areas, and other air navigation facilities. The Administrator and the Air Safety Board shall cooperate with the Authority in the administration and enforcement of this Act. civil airways and facilitiesCivil airways and facilities. GeneralGeneral. Sec. 302.
(a)The Administrator is empowered to designate andDesignation, establishment, etc. establish civil airways and, within the limits of available appropriations made by the Congress,
(1)to acquire, establish, operate, andAirways, navigation facilities. maintain along such airways all necessary air navigation facilities;
(2)to chart such airways and arrange for the publication of mapsCharting. of such airways, utilizing the facilities and assistance of existing agencies of the Government so far as practicable;
(3)to acquire,Landing areas, navigation facilities. establish, operate, and maintain, in whole or in part, air navigation facilities at and upon any municipally owned or other landing area approved for such installation, operation, or maintenance by the Administrator; and
(4)to provide necessary facilities and personnelRegulation and protection of air traffic. for the regulation and protection of air traffic moving in air commerce: *Provided*, That the Administrator shall not acquire any airport*Proviso*.Airports, restriction on acquisition. by purchase or condemnation. The Administrator is empowered to approve the establishment of such civil airways, not designated or established by the Administrator, as may be required in the interest of the public. No exclusive rights shall be granted for the use ofUse of airways, etc., not exclusive. any civil airway, landing area, or other air navigation facility. Method of Establishment
(b)The Administrator shall insofar as practicable designate andMethod of establishment. establish civil airways with relation to visual, mechanical, electrical, radio, or other like aids along the ground for air navigation, and in such manner that not more than one airway shall embrace the same air space, except to the extent necessary for intersection of airways at landing areas or elsewhere, or except when such action is necessary in the interest of safety or efficient operation of aircraft, or when the operation of aircraft over one airway will not interfere with the operation of aircraft over another airway embracing the same air space: *Provided*, That nothing herein shall he construed to affect the*Proviso*.Rules and regulations. promulgation or enforcement of any rules and regulations under this Act for the control of traffic. Airport Survey
(c)The Authority shall, through the Administrator, make a fieldAirport survey. survey of the existing system of airports and shall present to theRecommendations to Congress. Congress not later than February 1, 1939, definite recommendations
(1)as to whether the Federal Government should participate in the construction, improvement, development, operation, or maintenance of a national system of airports, and
(2)if Federal participation is recommended, the extent to which, and the manner in which, the Federal Government shall so participate. 52 Stat. 986 expenditure of federal funds Sec. 303. Expenditure of Federal funds. No Federal funds, other than those expended under this Act, 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, made after consultation with the Authority, 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. meteorological service Sec. 304. Meteorological service. The Administrator is empowered and directed to make recommendations to the Secretary of Agriculture for providing meteorological service necessary for the safe and efficient movement of aircraft in air commerce. development of facilities Sec. 305. Development of facilities. The Administrator is empowered to undertake or supervise such developmental work and service testing as tends to the creation of improved air navigation facilities, aircraft, aircraft engines, propellers, and appliances. For such purpose, the Administrator is empowered, subject to the approval of the Authority, to make purchases (including exchange) by negotiation or otherwise of experimental aircraft, aircraft engines, propellers, appliances, air navigation facilities, and radio apparatus, which seem to offer special advantages to aeronautics. collection and dissemination of information Sec. 306. Collection and dissemination of information. The Administrator is empowered and directed to collect and disseminate information relative to civil aeronautics (other than information collected and disseminated by the Authority under titles *Post*, pp. 987, 1007.IV and VI of this Act and by the Air Safety Board); 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. development planning Sec. 307. Development planning. The Administrator is empowered and directed to make plans for such orderly development and location of landing areas, airways, and all other aids and facilities for air navigation, as will best meet the needs of, and serve the interest of safety in, civil aeronautics. other duties of administrator Sec. 308. Other duties of Administrator. The Administrator shall exercise and perform the powers and duties vested in and imposed upon him by this Act, and such powers and duties vested in and imposed upon the Authority by52 Stat. 987 this Act (except the powers under sections 202, 203, 204, and 206,*Ante*, pp. 981, 982, 983, 984; *post*, p. 1007. and the powers and duties under titles IV and VI) as may, from time to time, be assigned to him by the Authority; and shall so exercise and perform his powers and duties as best to effectuate the policies declared in, and the purposes of, this Act. The AuthorityReports. may request the Administrator to make reports to it of his work uncler this Act. TITLE IV— AIR CARRIER ECONOMIC REGULATIONTitle IV—Air Carrier Economic Regulation. certificate of public convenience and necessityCertificate of public convenience and necessity. Certificate Required Sec. 401.
(a)No air carrier shall engage in any air transportationCertificate required. unless there is in force a certificate issued by the Authority authorizing such air carrier to engage in such transportation: *Provided*,*Proviso*.Existing carriers. That if an air carrier is engaged in such transportation on the date of the enactment of this Act, such air carrier may continue so to engage between the same terminal and intermediate points for one hundred and twenty days after said date, and thereafter until such time as the Authority shall pass upon an application for a certificate for such transportation if within said one hundred and twenty days such air carrier files such application as provided herein. Application for Certificate
(b)Application for a certificate shall be made in writing to theApplication for certificate. Authority and shall be so verified, shall be in such form and contain such information, and shall be accompanied by such proof of service upon such interested persons, as the Authority shall by regulation require. Notice of Application
(c)Upon the filing of any such application, the Authority shallNotice of application. give due notice thereof to the public by posting a notice of such application in the office of the secretary of the Authority and to such other persons as the Authority may by regulation determine. Any interested person may file with the Authority a protest or memorandum of opposition to or in support of the issuance of a certificate. Such application shall be set for public hearing, and the Authority shall dispose of such application as speedily as possible. Issuance of Certificate
(1)The Authority shall issue a certificate authorizing theIssuance of certificate. whole or any part of the transportation covered by the application, if it finds that the applicant is fit, willing, and able to perform such transportation properly, and to conform to the provisions of this Act and the rules, regulations, and requirements of the Authority hereunder, and that such transportation is required by the public convenience and necessity; otherwise such application shall be denied.
(2)In the case of an application for a certificate to engage in temporary air transportation, the Authority may issue a. certificate authorizing the whole or any part thereof for such limited periods as may be required by the public convenience and necessity, if it finds that the applicant is fit, willing, and able properly to perform such transportation and to conform to the provisions of this Act and the rules, regulations, and requirements of the Authority hereunder. 52 Stat. 988 Existing Air Carriers
(e)Existing air carriers.
(1)If any applicant who makes application for a certificate within one hundred and twenty days after the date of enactment of this Act shall show that, from May 14, 1938, until the effective date of this section, it, or its predecessor in interest, was an air carrier, continuously operating as such (except as to interruptions of service over which the applicant or its predecessor in interest had no control), the Authority, upon proof of such fact only, shall, unless the service rendered by such applicant for such period was inadequate and inefficient, issue a certificate or certificates, authorizing such applicant to engage in air transportation
(A)with respect to all classes of traffic for which authorization is sought, except mail, between the terminal and intermediate points between which it, or its predecessor, so continuously operated between May 18, 1938, and the effective date of this section, and
(B)with respect to mail and all other classes of traffic for which authorization is sought, between the terminal and intermediate points between which the applicant or its predecessor was authorized by the Postmaster General prior to the effective date of this section, to engage in the transportation *Proviso*.Air-mail contractors, service restriction.of mail: *Provided*, That no applicant holding an air-mail contract shall receive a certificate authorizing it to serve any point not named in such contract as awarded to it and not served by it prior to April 1, 1938, if any other air carrier competitively serving the same point under authority of a contract as awarded to such air carrier shall prove that it is adversely affected thereby, and if the Authority shall also find that transportation by the applicant to and from such point is not required by the public convenience and necessity.
(2)Issuance of certain certificates not otherwise provided for.*Ante*, p. 144. If paragraph
(1)of this subsection does not authorize the issuance of a certificate authorizing the transportation of mail between each of the points between which air-mail service was provided for by the Act of Congress making appropriations for the Treasury Department and the Post Office Department, approved March 28, 1938, the Authority shall, notwithstanding any other provision of this Act, issue certificates authorizing the transportation of mail, and all other classes of traffic for which authorization is sought, between such points, Points designated.namely,
(A)from Wichita, Kansas, to Pueblo, Colorado, via intermediate cities;
(B)from Bismarck, North Dakota, to Minot, North Dakota;
(C)from Detroit, Michigan, to Sault Sainte Marie, Michigan, via intermediate cities;
(D)from Brownsville, Texas, via Corpus Christi, to Houston to San Antonio,, Texas;
(E)from Phoenix, Arizona, to Las Vegas, Nevada, via intermediate cities;
(F)from Jacksonville, Florida, to New Orleans, Louisiana, via intermediate cities;
(G)from Tampa, Florida, to Memphis, Tennessee, via intermediate cities, and from Tampa, Florida, to Atlanta, Georgia, via intermediate cities (which projects have been advertised); and
(H)by extension from Yakima, Washington, to Portland. Oregon; and
(I)by extension from Grand Rapids, Michigan, to Chicago, Illinois. Terms and Conditions of Certificate
(f)Terms and conditions of certificate. Each certificate issued under this section shall specify the terminal points and intermediate points, if any, between which the air carrier is authorized to engage in air transportation and the service to be rendered; and there shall be attached to the exercise of the privileges granted by the certificate, or amendment thereto, such reasonable terms, conditions, and limitations as the public interest may Certificates for foreign air transportation.require. A certificate issued under this section to engage in foreign air transportation shall, insofar as the operation is to take place without the United States, designate the terminal and intermediate52 Stat. 989 points only insofar as the Authority shall deem practicable, and otherwise shall designate only the general route or routes to be followed. Any air carrier holding a certificate for foreign air transportation shall be authorized to handle and transport mail of countries other than the United States, No term, condition, or limitation of a certificate shall restrict the right of an air carrier to add to or change schedules, equipment, accommodations, and facilities for performing the authorized transportation and service as the development of the business and the demands of the public shall require. No air carrier shall be deemed to have violated anyEmergencies. term, condition, or limitation of its certificate by landing or taking off during an emergency at a point not named in its certificate or by operating in an emergency, under regulations which may be prescribed by the Authority, between terminal and intermediate points other than those specified in its certificate. Any air carrier mayCharter trips. make charter trips or perform any other special service, without regard to the points named in its certificate, under regulations prescribed by the Authority. Effective Date and Duration of Certificate
(g)Each certificate shall be effective from the date specifiedEffective date and duration of certificate. therein, and shall continue in effect, until suspended or revoked as hereinafter provided, or until the Authority shall certify that operation thereunder has ceased, or, if issued for a limited period of time under subsection
(2)of this section, shall continue in effect until the expiration thereof, unless, prior to the date of expiration, such certificate shall be suspended or revoked as provided herein, or the Authority shall certify that operations thereunder have ceased: *Provided*, That if any service authorized by a certificate is not*Proviso*.Inauguration of service. inaugurated within such period, not less than ninety days, after the date of the authorization as shall be fixed by the Authority, or if, for a period of ninety days or such other period as may be designated by the Authority, any such service is not operated, the Authority may by order, entered after notice and hearing, direct that such certificate shall thereupon cease to be effective to the extent of such service. Authority to Modify, Suspend, or Revoke
(h)The Authority, upon petition or complaint or upon its ownAuthority to modify, suspend, or revoke certificate. initiative, after notice and hearing, may alter, amend, modify, or suspend any such certificate, in whole or in part, if the public convenience and necessity so require, or may revoke any such certificate, in whole or in part, for intentional failure to comply with any provision of this title or any order, rule, or regulation issued hereunder or any term, condition, or limitation of such certificate: *Provided*,*Proviso*.Period for compliance before revocation. That no such certificate shall be revoked unless the holder thereof fails to comply, within a reasonable time to be fixed by the Authority, with an order of the Authority commanding obedience to the provision, or to the order (other than an order issued in accordance with this proviso), rule, regulation, term, condition, or limitation found by the Authority to have been violated. Any interested person may file with the Authority a protest or memorandum in support of or in opposition to the alteration, amendment, modification, suspension, or revocation of a certificate. Transfer of Certificate
(i)No certificate may be transferred unless such transfer isTransfer of certificate. approved by the Authority as being consistent with the public interest. 52 Stat. 990 Certain Rights Not Conferred by Certificate
(j)Certain rights not conferred by certificate. No certificate shall confer any proprietary, property, or exclusive right in the use of any air space, civil airway, landing area, or air-navigation facility. Application for Abandonment
(k)Application for abandonment. No air carrier shall abandon any route, or part thereof, for which a certificate has been issued by the Authority, unless, upon the application of such air carrier, after notice and hearing, the Authority shall find such abandonment to be in the public interest. Any interested person may file with the Authority a protest or memorandum of opposition to or in support of any such abandonment. The Authority may, by regulations or otherwise, authorize such temporary suspension of service as may be in the public interest. Compliance With Labor Legislation
(l)Compliance with labor legislation.
(1)Every air carrier shall maintain rates of compensation, maximum hours, and other working conditions and relations of all of its pilots and copilots who are engaged in interstate air transportation within the continental United States (not including Alaska) so as to conform with decision numbered 83 made by the National Labor Board on May 10, 1934, notwithstanding any limitation therein as to the period of its effectiveness.
(2)Rates of compensation, pilots and copilots. Every air carrier shall maintain rates of compensation for all of its pilots and copilots who are engaged in overseas or foreign air transportation or air transportation wholly within a Territory or possession of the United States, the minimum of which shall be not less, upon an annual basis, than the compensation required to be paid under said decision 83 for comparable service to pilots and copilots engaged in interstate air transportation within the continental United States (not including Alaska).
(3)Collective bargaining. Nothing herein contained shall be construed as restricting the right of any such pilots or copilots, or other employees, of any such air carrier to obtain by collective bargaining higher rates of compensation or more favorable working conditions or relations.
(4)[49 Stat. 1189](/us/stat/49/1189).[45 U. S. C., Supp. III, §§ 181–188](/us/usc/t45/s181/188). It shall be a condition upon the holding of a certificate by any air carrier that such carrier shall comply with title II of the Railway Labor Act, as amended.
(5)“Pilot.” term defined. The term “pilot” as used in this subsection shall mean an employee who is responsible for the manipulation of or who manipulates the flight controls of an aircraft while under way including “Copilot.”take-off and landing of such aircraft, and the term “copilot” as used in this subsection shall mean an employee any part of whose duty is to assist or relieve the pilot in such manipulation, and who is properly qualified to serve as, and holds a currently effective airman certificate authorizing him to serve as, such pilot or copilot. Requirement as to Carriage of Mail
(m)Requirement as to carriage of mail. Whenever so authorized by its certificate, any air carrier shall provide necessary and adequate facilities and service for the transportation of mail, and shall transport mail whenever required by the Postmaster General. Such air carrier shall be entitled to receive reasonable compensation therefor as hereinafter provided. Application for New Mail Service
(n)Application for new mail service. Whenever, from time to time, the Postmaster General shall find that the needs of the Postal Service require the transportation of mail by aircraft between any points within the United States or between52 Stat. 991 the United States and foreign countries, in addition to the transportation of mail authorized in certificates then currently effective, the Postmaster General shall certify such finding to the Authority and file therewith a statement showing such additional service and the facilities necessary in connection therewith, and a copy of such certification and statement shall be posted for at least twenty days in the office of the secretary of the Authority. The Authority shall, after notice and hearing, and if found by it to be required by the public convenience and necessity, make provision for such additional service, and the facilities necessary in connection therewith, by issuing a new certificate or certificates or by amending an existing certificate or certificates in accordance with the provisions of this section. permits to foreign air carriersPermits to foreign air carriers. Permit Required Sec. 402.
(a)No foreign air carrier shall engage in foreign air transportationPermit required. unless there is in force a permit issued by the Authority authorizing such carrier so to engage: *Provided*, That if any foreign*Proviso*.Existing carriers. air carrier is engaged in such transportation on the date of the enactment of this Act, such carrier may continue so to engage between the same terminal and intermediate points for one hundred and twenty days after said date, and thereafter until such time as the Authority shall pass upon an application for a permit for such transportation if within said one hundred and twenty days such carrier files such application as provided in this section. Issuance of Permit
(b)The Authority is empowered to issue such a permit if it findsIssuance of permit. that such carrier is fit, willing, and able properly to perform such air transportation and to conform to the provisions of this Act and the rules, regulations, and requirements of the Authority hereunder, and that such transportation will be in the public interest. Existing Permits
(c)Any such carrier who holds a permit issued by the Secretary ofExisting permits.[44 Stat. 572](/us/stat/44/572).[49 U. S. C. § 176](/us/usc/t49/s176). Commerce under section 6 of the Air Commerce Act of 1926, as amended, which was in effect on May 14, 1938, and which authorizes such carrier to operate between any foreign country and the United States, shall be entitled to receive a permit under this section upon proof of that fact only. Application for Permit
(d)Application for a permit shall be made in writing to theApplication for permit. Authority, shall be so verified, shall be in such form and contain such information, and shall be accompanied by such proof of service upon such interested persons, as the Authority shall by regulation require. Notice of Application
(e)Upon the filing of an application for a permit the AuthorityNotice of application. shall give due notice thereof to the public by posting a notice of such application in the office of the secretary of the Authority and to such other persons as the Authority may by regulation determine. Any interested person may file with the Authority a protest or memorandum of opposition to or in support of the issuance of a permit. Such application shall be set for public hearing and the Authority shall dispose of such applications as speedily as possible. 52 Stat. 992 Terms and Conditions of Permit
(f)Terms and conditions of permit. The Authority may prescribe the duration of any permit and may attach to such permit such reasonable terms, conditions, or limitations as, in its judgment, the public interest may require. Authority to Modify, Suspend, or Revoke
(g)Authority to modify, suspend, or revoke. Any permit issued under the provisions of this section may, after notice and hearing, be altered, modified, amended, suspended, canceled, or revoked by the Authority whenever it finds such action to be in the public interest. Any interested person may file with the Authority a protest or memorandum in support of or in opposition to the alteration, modification, amendment, suspension, cancelation, or revocation of a permit. Transfer of Permit
(h)Transfer of permit. No permit may be transferred unless such transfer is approved by the Authority as being in the public interest. Tariffs of air carriers.tariffs of air carriers Filing of Tariffs Required Sec. 403.
(a)Filing of tariffs required. Every air carrier and every foreign air carrier shall file with the Authority, and print, and keep open to public inspection, tariffs showing all rates, fares, and charges for air transportation between points served by it, and between points served by it and points served by any other air carrier or foreign air earner when through service and through rates shall have been established, and showing to the extent required by regulations of the Authority, all classifications, rules, regulations, practices, and services in connection with such air transportation. Tariffs shall be filed, posted, and published in such form and manner, and shall contain such information, as the Authority shall by regulation prescribe; and the Authority is empowered to reject any tariff so filed which is not consistent with this section and such regulations. Any tariff so rejected shall be void. The rates, fares, and charges shown in any tariff shall be stated in terms of lawful money of the United States, but such tariffs may also state rates, fares, and charges in terms of currencies other than lawful money of the United States, and may, in the case of foreign air transportation, contain such information as may be required under the laws of any country in or to which an air carrier or foreign air carrier is authorized to operate. Observance, of Tariffs; Rebating Prohibited
(b)Observance of tariffs; rebating prohibited. No air carrier or foreign air carrier shall charge or demand or collect or receive a greater or less or different compensation for air transportation, or for any service in connection therewith, than the rates, fares, and charges specified in its currently effective tariffs; and no air carrier or foreign air carrier shall, in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise, refund or remit any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities, with respect to matters required by the Authority to be specified in such Passes, etc.tariffs, except those specified therein. Nothing in this Act shall prohibit such air carriers or foreign air carriers, under such terms and conditions as the Authority may prescribe, from issuing or interchanging tickets or passes for free or reduced-rate transportation to their directors, officers, and employees and their immediate families; witnesses and attorneys attending any legal investigation in which52 Stat. 993 any such air carrier is interested; persons injured in aircraft accidents and physicians and nurses attending such persons; and any person or property with the object of providing relief in cases of general epidemic, pestilence, or other calamitous visitation; and, in the case of overseas or foreign air transportation, to such other’ persons and under such other circumstances as the Authority may by regulations prescribe. Notice of Tariff Change
(c)No change shall be made in any rate, fare, or charge, or anyNotice of tariff change. classification, rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, specified in any effective tariff of any air carrier or foreign air carrier, except after thirty days’ notice of the proposed change filed, posted, and published in accordance with subsection
(a)of this section. Such notice shall plainly state the change proposed to be made and the time such change will take effect. The Authority may in the public interest, by regulation or otherwise, allow such change upon notice less than that herein specified, or modify the requirements of this section with respect to filing and posting of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. Filing of Divisions of Rates and Charges Required
(d)Every air carrier or foreign air carrier shall keep currently onFiling of divisions of rates and charges required. file with the Authority, if the Authority so requires, the established divisions of all joint rates, fares, and charges for air transportation in which such air carrier or foreign air carrier participates. bates for carriage of persons and propertyRates for carriage of persons and property. Carrier’s Duty to Provide Service, Rates, and Divisions Sec. 404.
(a)It shall be the duty of every air carrier to provideCarrier’s duty to provide service, rate, etc. and furnish interstate and overseas air transportation, as authorized by its certificate, upon reasonable request therefor and to provide reasonable through service in such air transportation in connection with other air carriers; to provide safe and adequate service, equipment, and facilities in connection with such transportation; to establish, observe, and enforce just and reasonable individual and joint rates, fares, and charges, and just and reasonable classifications, rules, regulations, and practices relating to such air transportation; and,Joint rates, etc., establishment of equitable divisions. in case of such joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between air carriers participating therein which shall not unduly prefer or prejudice any of such participating air carriers. Discrimination
(b)No air carrier or foreign air carrier shall make, give, or causeDiscrimination. any undue or unreasonable preference or advantage to any particular person, port, locality, or description of traffic in air transportation in any respect whatsoever or subject any particular person, port, locality, or description of traffic in air transportation to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever. Foreign Rate Study
(c)The Authority is empowered and directed to investigate andForeign rate study. report to the Congress within one year from the. effective date of this52 Stat. 994 section, to what extent, if any, the Federal Government should further regulate the rates, fares, and charges of air carriers engaged in foreign air transportation, and the classifications, rules, regulations, and practices affecting such rates, fares, or charges. Transportation of mail.transportation of mail Continuation and Termination of Mail Contracts Sec. 405.
(a)Continuation and termination of mail contracts.[48 Stat. 933](/us/stat/48/933).[39 U. S. C. §§ 463, 469–469s; Supp. III, ch. 13](/us/usc/t39/s463/469/469s). Each contract between the United States and any person for the carriage of mail, entered into or continued under the provisions of the Air Mail Act of 1934, as amended, and each contract for the carriage of mail by aircraft in Alaska, shall be continued in effect until canceled in accordance with this subsection. Each such contract shall be canceled upon the issuance to the holder of such contract of a certificate of public convenience and necessity authorizing the transportation of mail by aircraft between the points covered by such contract, or upon the failure of the holder of such contract to apply for such certificate within one hundred and twenty days after the date of enactment of this act, or upon a determination by Compensation.the Authority that such certificate should not be issued. Until the *Post*, p. 998.Authority fixes rates under section 406 of this Act, the Postmaster General shall pay compensation for the transportation of mail by aircraft at the rates provided by each such contract or, where rates have been heretofore or shall hereafter be fixed by orders of the Interstate Commerce Commission, pursuant to proceedings instituted prior to the date of enactment of this Act, shall pay compensation for such transportation in accordance with such orders as if this Act had not been enacted. Foreign mail contracts.Continuation and Termination of Foreign Mail Contracts
(b)Continuation and termination.[45 Stat. 248, 1449](/us/stat/45/248/1449).[39 U. S. C. § 465a](/us/usc/t39/s465a). Each contract between the United States and any person heretofore entered into under the provisions of the Act of March 8, 1928, as amended (45 Stat. 248), shall be continued in effect until canceled in accordance with this subsection. Each such contract shall be canceled upon the issuance of a certificate of public convenience and necessity to the holder of such contract authorizing the transportation of mail by aircraft between the points covered by such contract, or upon the effective date of any order of the Authority hereunder fixing a fair and reasonable rate of compensation for the transportation of mail by aircraft between the points covered by such contract, whichever is later, or upon the failure of the holder of such contract to apply for such certificate within one hundred and twenty days after the date of enactment of this Act, or upon a determination by the Authority that such certificate should not be issued. Termination of Bonds
(c)Termination of bonds. Upon the cancelation, pursuant to the provisions of this Act, of any contract for the transportation of mail by aircraft, the bond or bonds required from the holder thereof shall terminate and cease to be effective, and such holder and his or its surety or sureties thereon shall be released and discharged from all obligations thereunder, and all securities deposited with such bond or bonds shall *Provisos*.Prior obligations, etc.forthwith be returned to such holder: *Provided*, That the foregoing provision shall not be construed to terminate or make ineffective any bond or bonds of such holder, or to release or discharge from any obligation thereunder such holder or his or its surety or sureties thereon, in respect of any matter arising prior to the date of the cancelation of such contract, and such holder or his or its surety or sureties thereon shall not be released or discharged prior to disposition52 Stat. 995 of any such matter: *Provided further*, That nothing in this ActAccrued rights. shall be construed to affect any right which may have accrued to any air carrier prior to the date of the cancelation, pursuant to the provisions of this Act, of any contract for the transportation of mail by aircraft. Rules and Regulations
(d)The Postmaster General is authorized to make such rules andRules and regulations. regulations, not inconsistent with the provisions of this Act, or any order, rule, or regulation made by the Authority thereunder, as may be necessary for the safe and expeditious carriage of mail by aircraft. Mail Schedules
(e)Each air carrier shall, from time to time, file with the AuthorityMail schedules. and the Postmaster General a statement showing the points between which such air carrier is authorized to engage in air transportation, and all schedules, and all changes therein, of aircraft regularly operated by the carrier between such points, setting forth in respect of each such schedule the points served thereby and the time of arrival and departure at each such point. The Postmaster General may designate any such schedule for the transportation of mail between the points between which the air carrier is authorized by its certificate to transport mail, and may, by order, require the air carrier to establish additional schedules for the transportation of mail between such points. No change shall be made in any schedulesChanges. designated or ordered to be established by the Postmaster General except upon ten days’ notice thereof filed as herein provided. The Postmaster General may by order disapprove any such change or alter, amend, or modify any such schedule or change. No order of the Postmaster General under this subsection shall become effective until ten days after its issuance. Any person who would be aggrievedReview of order. by any such order of the Postmaster General under this subsection may, before the expiration of such ten-day period, apply to the Authority, under such regulations as it may prescribe, for a review of such order. The Authority may review, and, if the public convenience and necessity so require, amend, revise, suspend, or cancel such order; and, pending such review and the determination thereof, may postpone the effective date of such order. The Authority shall give preference to proceedings under this subsection over all proceedings pending before it. No air carrier shall transport mail in accordance with any schedule other than a schedule designated or ordered to be established under this subsection for the transportation of mail. Maximum Mail Load
(f)The Authority may fix the maximum mail load for any scheduleMaximum mail load. or for any aircraft or any type of aircraft; but, in the event that mail in excess of the maximum load is tendered by the Postmaster General for transportation by any air carrier in accordance with any schedule designated or ordered to be established by the Postmaster General under subsection
(e)of this section for the transportation of mail, such air carrier shall, to the extent such air carrier is reasonably able as determined by the Authority, furnish facilities sufficient to transport, and shall transport, such mail as nearly in accordance with such schedule as the Authority shall determine to be possible. Tender of Mail
(g)From and after the issuance of any certificate authorizingTender of mail. the transportation of mail by aircraft, the Postmaster General shall tender mail to the holder thereof, to the extent required by the Postal52 Stat. 996 Service, for transportation between the points named in such certificate for the transportation of mail, and such mail shall be transported by the air carrier holding such certificate in accordance with such rules, regulations, and requirements as may be promulgated by the Postmaster General under this section. Foreign Postal Arrangements
(h)Foreign postal arrangements.
(1)Nothing in this Act shall be deemed to abrogate or affect any arrangement made by the United States with the postal administration of any foreign country with respect to transportation of mail by aircraft, or to impair the authority of the Postmaster General to enter into any such arrangement with the postal administration of any foreign country.
(2)Service by alien carrier. The Postmaster General may, in any case where service may be necessary by a person not a citizen of the United States who may not be obligated to transport the mail for a foreign country, make arrangements, without advertising, with such person for transporting mail by aircraft to or within any foreign country. Transportation of Foreign Mail
(i)Transportation of foreign mail.
(1)Any air carrier holding a certificate to engage in foreign air transportation and transporting mails of foreign countries shall transport such mails subject to control and regulation by the United Rates.States. The Postmaster General shall from time to time fix the rates of compensation that shall be charged the respective foreign countries for the transportation of their mails by such air carriers, and such rates shall be put into effect by the Postmaster General in accordance with the provisions of the postal convention regulating the postal relations between the United States and the respective foreign countries, or as provided hereinafter in this subsection. In any case where the Postmaster General deems such action to be in the public interest, he may approve rates provided in arrangements between any such air carrier and any foreign country covering the transportation of mails of such country, under which mails of such country have been carried on scheduled operations prior to January 1, 1938, or in extensions or modifications of such arrangements, and may permit any such air carrier to enter into arrangements with any foreign country for the transportation of its mails at rates fixed by the Postmaster General in advance of the making of any such arrangement. The Postmaster General may authorize any such air carrier, under such limitations as the Postmaster General may prescribe, to change the rates to be charged any foreign country for the transportation of its mails by such air carrier within that country or between that country and another foreign country.
(2)Arrangements by air carrier with a foreign country for transporting its mails. In any case where such air carrier has an arrangement with any foreign country for transporting its mails, made or approved in accordance with the provisions of subdivision
(1)of this subsection, it shall collect its compensation from the foreign country under its arrangement, and in case of the absence of any arrangement between the air carrier and the foreign country consistent with this subsection, the collections made from the foreign country by the *Proviso*.Double compensation restriction.United States shall be for the account of such air carrier: *Provided*, That no such air carrier shall be entitled to receive compensation both from such foreign country and from the United States in respect of the transportation of the same mail or the same mails of foreign countries. 52 Stat. 997
(3)In the case of any air carrier holding a contract under theContracts providing for carriage of mails of foreign countries for account of United States.[45 Stat. 248, 1449](/us/stat/45/248/1449).[39 U. S. C. § 465a](/us/usc/t39/s465a). provisions of the Act of March 8, 1928, as amended (45 Stat. 248), providing for the carriage of mails of foreign countries for the account of the United States, this subsection shall apply only upon the cancelation of such contract as provided in this section. Evidence of Performance of Mail Service
(j)Air carriers transporting or handling United States mailEvidence of performance of mail service. shall submit, under oath, when and in such form as may be required by the Postmaster General, evidence of the performance of mail service; and air carriers transporting or handling mails of foreign countries shall submit, under oath, when and in such form as may be required by the Postmaster General, evidence of the amount of such mails transported or handled, and the compensation payable and received therefor. Emergency Mail Service
(k)In the event of emergency caused by flood, fire, or otherEmergency mail service. calamitous visitation, the Postmaster General is authorized to contract, without advertising, for the transportation by aircraft of any or all classes of mail to or from localities affected by such calamity, where available facilities of persons authorized to transport mail to or from such localities are inadequate to meet the requirements of the Postal Service during such emergency. Such contracts may be only for such periods as may be necessitated, for the maintenance of mail service, by the inadequacy of such other facilities. No operation pursuant to any such contract, for such period, shall be air transportation within the purview of this Act. Payment of compensation for service performed under such contracts shall be made, at rates provided in such contracts, from appropriations for the transportation of mail by the means normally used for transporting the mail transported under such contracts. Experimental Air-Mail Service
(l)Nothing contained in this Act shall be construed to repeal inExperimental air-mail service.*Ante*, pp. 218, 219. whole or in part the provisions of sections 1, 2, and 6 of the Act entitled “An Act to provide for experimental air-mail service, to further develop safety, efficiency, economy, and for other purposes,” approved April 15, 1938 (Public, Numbered 486, Seventy-fifth Congress; chapter 157, third session). The transportation of mail underTransportation of mail; when deemed not “air transportation.”*Ante*, p. 990; *post*, p. 1005. contracts entered into under such sections shall not, except for sections 401
(1)and 416 (b), be deemed to be “air transportation” as used in this Act and the rates of compensation for such transportation of mail shall not be fixed under this Act. Such Act ofContracts and operation.Textual change.*Ante*, p. 219. April 15, 1938, is amended by striking out so much of the first section as reads “the Secretary of Commerce shall prescribe in accordance with the authority vested in him under the Air Commerce Act of 1926, as amended” and inserting in lieu thereof the following: “may be prescribed in accordance with the Civil Aeronautics Act of 1938”. Free Travel for Postal Employees
(m)Every air carrier carrying the mails shall carry on any planeFree travel for postal employees. that it operates and without charge therefor, the persons in charge of the mails when on duty, and such duly accredited agents and officers of the Post Office Department, and post office inspectors, while traveling52 Stat. 998 on official business relating to the transportation of mail by aircraft, as the Authority may by regulation prescribe, upon the exhibition of their credentials. Rates for transportation of mail.rates for transportation of mail Authority to Fix Rates Sec. 406. Authority to fix rates.
(a)The Authority is empowered and directed, upon its own initiative or upon petition of the Postmaster General or an air carrier,
(1)to fix and determine from time to time, after notice and hearing, the fair and reasonable rates of compensation for the transportation of mail by aircraft, the facilities used and useful therefor, and the services connected therewith (including the transportation of mail by an air carrier by other means than aircraft whenever such transportation is incidental to the transportation of mail by aircraft or is made necessary by conditions of emergency arising from aircraft operation), by each holder of a certificate authorizing the transportation of mail by aircraft, and to make such rates effective from such Method of ascertainment.date as it shall determine to be proper;
(2)to prescribe the method or methods, by aircraft-mile, pound-mile, weight, space, or any combination thereof, or otherwise, for ascertaining such rates of Publication.compensation for each air carrier or class of air carriers; and
(3)to publish the same; and the rates so fixed and determined shall be paid by the Postmaster General from appropriations for the transportation of mail by aircraft. Rate-Making Elements
(b)Rate-making elements. In fixing and determining fair and reasonable rates of compensation under this section, the Authority, considering the conditions peculiar to transportation by aircraft and to the particular air carrier or class of air carriers, may fix different rates for different air carriers or classes of air carriers, and different classes of service. In determining the rate in each case, the Authority shall take into consideration, among other factors, the condition that such air carriers may hold and operate under certificates authorizing the carriage of mail only by providing necessary and adequate facilities and service for the transporation11So in original. of mail; such standards respecting the character and quality of service to be rendered by air carriers as may be prescribed by or pursuant to law; and the need of each such air carrier for compensation for the transportation of mail sufficient to insure the performance of such service, and, together with all other revenue of the air carrier, to enable such air carrier under honest, economical, and efficient management, to maintain and continue the development of air transportation to the extent and of the character and quality required for the commerce of the United States, the Postal Service, and the national defense. Statement of Postmaster General and Carrier
(c)Statement of Postmaster General and carrier. Any petition for the fixing of fair and reasonable rates of compensation under this section shall include a statement of the rate the petitioner believes to be fair and reasonable. The Postmaster General shall introduce as part of the record in all proceedings under this section a comprehensive statement of all service to be required of the air carrier and such other information in his possession as may be deemed by the Authority to be material to the inquiry. 52 Stat. 999 Weighing of Mail
(d)The Postmaster General may weigh the mail transported byWeighing of mail. aircraft and make such computations for statistical and administrative purposes as may be required in the interest of the mail service. The Postmaster General is authorized to employ such clerical and other assistance as may be required in connection with proceedings under this Act. If the Authority shall determine that it is necessary or advisable, in order to carry out the provisions of this Act, to have additional and more frequent weighing of the mails, the Postmaster General, upon request of the Authority, shall provide therefor in like manner, but such weighing need not be for continuous periods of more than thirty days. Availability of Appropriations
(e)Except as otherwise provided in section 405 (k), the unexpendedAvailability of appropriations.[48 Stat. 933](/us/stat/48/933).[39 U. S. C. §§ 463, 469–469s; Supp. III, ch. 13](/us/usc/t39/s463). balances of all appropriations for the transportation of mail by aircraft pursuant to contracts entered into under the Air Mail Act of 1934, as amended, and the unexpended balances of all appropriations available for the transportation of mail by aircraft in Alaska, shall be available, in addition to the purposes stated in such appropriations, for the payment of compensation by the Postmaster General, as provided in this Act, for the transportation of mail by aircraft, the facilities used and useful therefor, and the services connected therewith, between points in the continental United States or between points in Hawaii or in Alaska or between points in the continental United States and points in Canada within one hundred and fifty miles of the international boundary line. Except as otherwise provided in section 405 (k), the unexpended balances of all appropriations for the transportation of mail by aircraft pursuant to contracts entered into under the Act of March 8, 1928, as amended, shall be[45 Stat. 248, 1449](/us/stat/45/248/1449).[39 U. S. C. § 465a](/us/usc/t39/s465a). available, in addition to the purposes stated in such appropriations, for payment to be made by the Postmaster General, as provided by this Act, in respect of the transportation of mail by aircraft, the facilities used and useful therefor, and the services connected therewith, between points in the United States and points outside thereof, or between points in the continental United States and Territories or possessions of the United States, or between Territories or possessions of the United States. Payments to Foreign Air Carriers
(f)In any case where air transportation is performed between thePayments to foreign air carriers. United States and any foreign country, both by aircraft owned or operated by one or more air carriers holding a certificate under this title and by aircraft owned or operated by one or more foreign air carriers, the Postmaster General shall not pay to or for the account of any such foreign air carrier a rate of compensation for transporting mail by aircraft between the United States and such foreign country, which, in his opinion, will result (over such reasonable period as the Postmaster General may determine, taking account of exchange fluctuations and other factors) in such foreign air carrier receiving a higher rate of compensation for transporting such mail than such foreign country pays to air carriers for transporting its mail by aircraft between such foreign country and the United States, or receiving a higher rate of compensation for transporting such mail than a rate determined by the Postmaster General to be comparable to the rate such foreign country pays to air carriers for52 Stat. 1000 transporting its mail by aircraft between such foreign country and an intermediate country on the route of such air carrier between such foreign country and the United States. Accounts, records, and reports.accounts, records, and reports Filing of Reports Sec. 407. Filing of reports.
(a)The Authority is empowered to require annual, monthly, periodical, and special reports from any air carrier; to prescribe the manner and form in which such reports shall be made; and to require from any air carrier specific answers to all questions upon which the Authority may deem information to be necessary. Such reports shall be under oath whenever the Authority so requires. The Authority may also require any air carrier to file with it a true copy of each or any contract, agreement, understanding, or arrangement, between such air carrier and any other carrier or person, in relation to any traffic affected by the provisions of this Act. Disclosure of Stock Ownership
(b)Disclosure of stock ownership. Each air carrier shall submit annually, and at such other times as the Authority shall require, a list showing the names of each of its stockholders or members holding more than 5 per centum of the entire capital stock or capital, as the case may be, of such air carrier, together with the name of any person for whose account, if other than the holder, such stock is held; and a report setting forth a description of the shares of stock, or other interests, held by such air carrier, or for its account, in persons other than itself. Disclosure of Stock Ownership by Officer or Director
(c)By officer or director. Each officer and director of an air carrier shall annually and at such other times as the Authority shall require transmit to the Authority a report describing the shares of stock or other interests held by him in any air carrier, any person engaged in any phase of aeronautics, or any common carrier, and in any person whose principal business, in purpose or in fact, is the holding of stock in, or control of, air carriers, other persons engaged in any phase of aeronautics, or common carriers. Form of Accounts
(d)Form of accounts. The Authority shall prescribe the forms of any and all accounts, records, and memoranda to be kept by air carriers, including the accounts, records, and memoranda of the movement of traffic, as well as of the receipts and expenditures of money, and the length of time such accounts, records, and memoranda shall be preserved; and it shall be unlawful for air carriers to keep any accounts, records, or memoranda other than those prescribed or approved by the *Proviso*.Additional accounts, records, etc., permitted.Authority: *Provided*, That any air carrier may keep additional accounts, records, or memoranda if they do not impair the integrity of the accounts, records, or memoranda prescribed or approved by the Authority and do not constitute an undue financial burden on such air carrier. Inspection of Accounts and Property
(e)Inspection of accounts and property. The Authority shall at all times have access to all lands, buildings, and equipment of any carrier and to all accounts, records, and memoranda, including all documents, papers, and correspondence, now or hereafter existing, and kept or required to be kept by air52 Stat. 1001 carriers; and it may employ special agents or auditors, who shall have authority under the orders of the Authority to inspect and examine any and all such lands, buildings, equipment, accounts, records, and memoranda. The provisions of this section shall apply,Scope. to the extent found by the Authority to be reasonably necessary for the administration of this Act, to persons having control over any air carrier, or affiliated with any air carrier within the meaning of[24 Stat. 380](/us/stat/24/380); [48 Stat. 218](/us/stat/48/218).[49 U. S. C. § 5 (8)](/us/usc/t49/s5/8). section 5
(8)of the Interstate Commerce Act, as amended. consolidation, merger, and acquisition of controlConsolidation, merger, and acquisition of control. Acts Prohibited Sec. 408.
(a)It shall be unlawful, unless approved by order ofActs prohibited. the Authority as provided in this section—
(1)For two or more air carriers, or for any air carrier and any other common carrier or any person engaged in any other phase of aeronautics, to consolidate or merge their properties, or any part thereof, into one person for the ownership, management, or operation of the properties theretofore in separate ownerships;
(2)For any air carrier, any person controlling an air carrier, any other common carrier, or any person engaged in any other phase of aeronautics, to purchase, lease, or contract to operate the properties, or any substantial part thereof, of any air carrier;
(3)For any air carrier or person controlling an air carrier to purchase, lease, or contract to operate the properties, or any substantial part thereof, of any person engaged in any phase of aeronautics otherwise than as an air carrier;
(4)For any foreign air carrier or person controlling a foreign air carrier to acquire control, in any manner whatsoever, of any citizen of the United States engaged in any phase of aeronautics;
(5)For any air carrier or person controlling an air carrier, any other common carrier, or any person engaged in any other phase of aeronautics, to acquire control of any air carrier in any manner whatsoever;
(6)For any air carrier or person controlling an air carrier to acquire control, in any manner whatsoever, of any person engaged in any phase of aeronautics otherwise than as an air carrier; or
(7)For any person to continue to maintain any relationship established in violation of any of the foregoing subdivisions of this subsection. Power of Authority
(b)Any person seeking approval of a consolidation, merger, purchase,Power of Authority. lease, operating contract, or acquisition of control, specified in subsection
(a)of this section, shall present an application to the Authority, and thereupon the Authority shall notify the persons involved in the consolidation, merger, purchase, lease, operating contract, or acquisition of control, and other persons known to have a substantial interest in the proceeding, of the time and place of a public hearing. Unless, after such hearing, the Authority finds that the consolidation, merger, purchase, lease, operating contract, or acquisition of control will not be consistent with the public interest or that the conditions of this section will not be fulfilled, it shall by order, approve such consolidation, merger, purchase, lease, operating contract, or acquisition of control, upon such terms and conditions as it shall find to be just and reasonable and with such modifications as it may prescribe: *Provided*, That the Authority shall not approve any*Provisos*.Monopolies forbidden. consolidation, merger, purchase, lease, operating contract, or acquisition of control which would result in creating a monopoly or monopolies52 Stat. 1002 and thereby restrain competition or jeopardize another air carrier not a party to the consolidation, merger, purchase, lease, operating If carrier is other than an air carrier.contract, or acquisition of control: *Provided further*, That if the applicant is a carrier other than an air carrier, or a person controlled by a carrier other than an air carrier or affiliated therewith within the [24 Stat. 380](/us/stat/24/380); [48 Stat. 218](/us/stat/48/218).[49 U. S. C. § 5 (8)](/us/usc/t49/s5/8).meaning of section 5
(8)of the Interstate Commerce Act, as amended, such applicant shall for the purposes of this section be considered an air carrier and the Authority shall not enter such an order of approval unless it finds that the transaction proposed will promote the public interest by enabling such carrier other than an air carrier to use aircraft to public advantage in its operation and will not restrain competition. Interests in Ground Facilities
(c)Interests in ground facilities. The provisions of this section and section 409 shall not apply with respect to the acquisition or holding by any air carrier, or any officer or director thereof , of
(1)any interest in any ticket office, landing area, hangar, or other ground facility reasonably incidental to the performance by such air carrier of any of its services, or
(2)any stock or other interest or any office or directorship in any person whose principal business is the maintenance or operation of any such ticket office, landing area, hangar, or other ground facility. Jurisdiction of Accounts of Noncarriers
(d)Jurisdiction of accounts of noncarriers. Whenever, after the effective date of this section, a person, not an air carrier, is authorized, pursuant to this section, to acquire control of an air carrier, such person thereafter shall, to the extent found by the Authority to be reasonably necessary for the administration of this Act, be subject, in the same manner as if such person were an air carrier, to the provisions of this Act relating to accounts, records, and reports, and the inspection of facilities and records, including the penalties applicable in the case of violations thereof. Investigation of Violations
(e)Investigation of violations. The Authority is empowered, upon complaint or upon its own initiative, to investigate and, after notice and hearing, to determine whether any person is violating any provision of subsection
(a)of this section. If the Authority 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 Act, as may be necessary, in the opinion of the Authority, to prevent further violation of such provision. Prohibited interests.prohibited interests Interlocking Relationships Sec. 409. Interlocking relationships.
(a)After one hundred and eighty days after the effective date of this section, it shall be unlawful, unless such relationship shall have been approved by order of the Authority upon due showing, in the form and manner prescribed by the Authority, 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 who52 Stat. 1003 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. Investigation of Violations
(b)Profit from Transfer of Securities After this section takes effect it shall be unlawful for anyProfit from transfer of securities. 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. loans and financial aid Sec. 410. The Authority is empowered to approve or disapprove,Loans and financial aid. in whole or in part, any and all applications made after the effective date of tills section for or in connection with any loan or other financial aid from the United States or any agency thereof to, or for the benefit of, any air carrier. No such loan or financial aid shall be made or given without such approval, and the terms and conditions upon which such loan or financial aid is provided shall be prescribed by the Authority. methods of competition Sec. 411. The Authority may, upon its own initiative or upon complaintMethods of competition. by any air carrier or foreign air carrier, if it considers that such action by it would be in the interest of the public, investigate and determine whether any air carrier or foreign air carrier has been or is engaged in unfair or deceptive practices or unfair methods of competition in air transportation. If the Authority shall find, after notice and hearing, that such air carrier or foreign air carrier is engaged in such unfair or deceptive practices or unfair methods of competition, it shall order such air carrier or foreign air carrier to cease and desist from such practices or methods of competition. 52 Stat. 1004 Pooling and other agreements.pooling and other agreements Filing of Agreements Required Sec. 412. Filing of agreements required.
(a)Every air carrier shall file with the Authority a true copy, or, if oral, a true and complete memorandum, of every contract or agreement (whether enforceable by provisions for liquidated damages, penalties, bonds, or otherwise) affecting air transportation and in force on the effective date of this section or hereafter entered into, or any modification or cancelation thereof, between such air carrier and any other air carrier, foreign air carrier, or other carrier for pooling or apportioning earnings, losses, traffic, service, or equipment, or relating to the establishment of transportation rates, fares, charges, or classifications, or for preserving and improving safety, economy, and efficiency of operation, or for controlling, regulating, preventing, or otherwise eliminating destructive, oppressive, or wasteful competition, or for regulating stops, schedules, and character of service, or for other cooperative working arrangements. Approval by Authority
(b)Approval by Authority. The Authority shall by order disapprove any such contract or agreement, whether or not previously approved by it, that it finds to be adverse to the public interest, or in violation of this Act, and shall by order approve any such contract or agreement, or any modification or cancelation thereof, that it does not find to be adverse to the public interest, or in violation of this Act. form of control Sec. 413. Form of control. For the purposes of this title, whenever reference is made to control, it is immaterial whether such control is direct or indirect. legal restraints Sec. 414. Legal restraints.*Ante*, pp. 1001, 1002. Any person affected by any order made under sections 408, 409, or 412 of this Act shall be, and is hereby, relieved from the operations of the “antitrust laws”, as designated in section 1 of the Act entitled “An Act to supplement existing laws against unlawful [38 Stat. 730](/us/stat/38/730).[15 U. S. C. § 12](/us/usc/t15/s12).restraints and monopolies, and for other purposes”, approved October 15, 1914, and of all other restraints or prohibitions made by, or imposed under, authority of law, insofar as may be necessary to enable such person to do anything authorized, approved, or required by such order. inquiry into air carrier management Sec. 415. Inquiry into air carrier management. For the purpose of exercising and performing its powers and duties under this Act, the Authority is empowered to inquire into the management of the business of any air carrier and, to the extent reasonably necessary for any such inquiry, to obtain from such carrier, and from any person controlling or controlled by, or under common control with, such air carrier, full and complete reports and other information. Classification and exemption of carriers.classification and exemption of carriers Classification Sec. 416. Establishment of classifications or groups.
(a)The Authority may from time to time establish such just and reasonable classifications or groups of air carriers for the purposes of this title as the nature of the services performed by such Rules and regulations.air carriers shall require; and such just and reasonable rules, and regulations, pursuant to and consistent with the provisions of this title,52 Stat. 1005 to be observed by each such class or group, as the Authority finds necessary in the public interest. Exemptions
(1)The Authority, from time to time and to the extent necessary,Exemptions. may (except as provided in paragraph
(2)of this subsection) exempt from the requirements of this title or any provision thereof, or any rule, regulation, term, condition, or limitation prescribed thereunder, any air carrier or class of air carriers, if it finds that the enforcement of this title or such provision, or such rule, regulation, term, condition, or limitation is or would be an undue burden on such air carrier or class of air carriers by reason of the limited extent of, or unusual circumstances affecting, the operations of such air carrier or class of air carriers and is not in the public interest.
(2)The Authority shall not exempt any air carrier from any provisionExceptions. of subsection
(1)of section 401 of this title, except that
(A)any*Ante*, p. 990. air carrier not engaged in scheduled air transportation, and (B), to the extent that the operations of such air earner are conducted during daylight hours, any air carrier engaged in scheduled air transportation, may be exempted from the provisions of paragraphs
(1)and
(2)of such subsection if the Authority finds, after notice and hearing, that, by reason of the limited extent of, or unusual circumstances affecting, the operations of any such air carrier, the enforcement of such paragraphs is or would be such an undue burden on such air carrier as to obstruct its development and prevent it from beginning or continuing operations, and that the exemption of such air carrier from such paragraphs would not adversely affect the public interest: *Provided*, That nothing in this subsection shall be deemed to *Proviso*.Maximum flying hours for pilots or copilots.authorize the Authority to exempt any air carrier from any requirement of this title, or any provision thereof, or any rule, regulation, term, condition, or limitation prescribed thereunder which provides for maximum flying hours for pilots or copilots. TITLE V— NATIONALITY AND OWNERSHIP OF AIRCRAFT Title V—Nationality and Ownership of Aircraft. registration of aircraft nationalityRegistration of aircraft nationality. Registration Required Sec. 501.
(a)It shall be unlawful for any person to operate orRegistration required. navigate any aircraft eligible for registration if such aircraft is not registered by its owner as provided in this section, or (except as provided in section 6 of the Air Commerce Act of 1926, as amended) to[44 Stat. 572](/us/stat/44/572).[49 U. S. C. § 176](/us/usc/t49/s176). operate or navigate within the United States any aircraft not eligible for registration: *Provided*, That aircraft of the national defense forces*Proviso*.Aircraft of national defense forces. of the United States may be operated and navigated without being so registered if such aircraft are identified, by the agency having jurisdiction over them, in a manner satisfactory to the Authority. TheOperation without registration after transfer; limitation. Authority may, by regulation, permit the operation and navigation of aircraft without registration by the owner for such reasonable periods after transfer of ownership thereof as the Authority may prescribe. Eligibility for Registration
(b)An aircraft shall be eligible for registration if, but only if—Eligibility for registration.
(1)It is owned by a citizen of the United States and is not registered under the laws of any foreign country; or
(2)It is an aircraft of the Federal Government, or of a State, Territory, or possession of the United States, or the District of Columbia, or of a political subdivision thereof. 52 Stat. 1006 Issuance of Certificate
(c)Issuance of certificate. Upon request of the owner of any aircraft eligible for registration, such aircraft shall be registered by the Authority and the Authority shall issue to the owner thereof a certificate of registration. Issuance of Certificate
(d)Applications. Applications Applications for such certificates shall be in such form, be filed in such manner, and contain such information as the Authority may require. Suspension or Revocation
(e)Suspension or revocation. Any such certificate may be suspended or revoked by the Authority for any cause which renders the aircraft ineligible for registration. Effect of Registration
(f)Effect of registration. Such certificate shall be conclusive evidence of nationality for international purposes, but not in any proceeding under the laws of the United States. Registration shall not be evidence of ownership of aircraft in any proceeding in which such ownership by a particular person is, or may be, in issue. registration of engines, propellers, and appliances Sec. 502. Engines, propellers, and appliances. Registration of. The Authority may establish reasonable rides and regulations for registration and identification of aircraft engines, propellers, and appliances, in the interest of safety, and no aircraft engine, propeller, or appliance, shall be used in violation of any such rule or regulation. Recordation of aircraft ownership.recordation of aircraft ownership Establishment of Recording System Sec. 503. Establishment of recording system.
(a)The Authority shall establish and maintain a system for recording all conveyances affecting the title to, or interest in, any civil aircraft of the United States. Conveyances to be Recorded
(b)Conveyances to be recorded. No conveyance made or given on or after the effective date of this section, which affects the title to, or interest in, any civil aircraft of the United States, or any portion thereof, shall be valid in respect of such aircraft or portion thereof against any person other than the person by whom the conveyance is made or given, his heir or devisee, and any person having actual notice thereof, until such conveyance is recorded in the office of the secretary of the Authority. Every such conveyance so recorded in the office of the secretary of the Authority shall be valid as to all persons without further recordation. Any instrument, recordation of which is required by the provisions of this section, shall take effect from the date of its recordation, and not from the date of its execution. Form of Conveyance
(c)Form of conveyance. No conveyance shall be recorded unless it states the interest in the aircraft of the person by whom such conveyance is made or given or, in the case of a contract of conditional sale, the interest of the vendor, and states the interest transferred by the conveyance, and unless it shall have been acknowledged before a notary public or other officer authorized by law of the United States, or of a State, Territory, or possession thereof, or the District of Columbia, to take acknowledgment of deeds. 52 Stat. 1007 Index of Conveyances
(d)The Authority shall record conveyances delivered to it in theIndex of conveyances. order of their reception, in files to be kept for that purpose, and indexed to show—
(1)the identifying description of the aircraft;
(2)the names of the parties to the conveyance;
(3)the time and date of reception of the instrument and the time and date of recordation thereof;
(4)the interest in the aircraft transferred by the conveyance; and
(5)if such conveyance is made as security for indebtedness, the amount and date of maturity of such indebtedness. Regulations
(e)The Authority is authorized to provide by regulation for theRegulations. endorsement upon certificates of registration, or aircraft certificates, of information with respect to the ownership of the aircraft for which each certificate is issued, for the recording of discharges and satisfactions of recorded instruments and other transactions affecting title to, or interest in, aircraft, and for such other records, proceedings, and details as may be necessary to facilitate the determination of the rights of parties dealing with civil aircraft of the United States. Previously Unrecorded Ownership
(f)The person applying for the issuance or renewal of an airworthinessPreviously unrecorded ownership. certificate for an aircraft with respect to which there has been no recordation of ownership as provided in this section shall present with his application such information with respect to the ownership of the aircraft as the Authority shall deem necessary to show the persons who are holders of property interests in such aircraft and the nature and extent of such interests. TITLE VI— CIVIL AERONAUTICS SAFETY REGULATION Title VI—Civil Aeronautics Safety Regulation. general safety powers and dutiesGeneral safety powers and duties. Minimum Standards; Rules and Regulations Sec. 601.
(a)The Authority is empowered, and it shall be its dutyMinimum standards; rules and regulations. to promote safety of flight in air commerce by prescribing and revising from time to time—
(1)Such minimum standards governing the design, materials, workmanship, construction, and performance of aircraft, aircraft engines, and propellers as may be required in the interest of safety;
(2)Such minimum standards governing appliances as may be required in the interest of safety;
(3)Reasonable rules and regulations and minimum standards governing, in the interest of safety,
(A)the inspection, servicing, and overhaul of aircraft, aircraft engines, propellers, and appliances;
(B)the equipment and facilities for such inspection, servicing, and overhaul; and
(C)in the discretion of the Authority, the periods for, and the manner in, which such inspection, servicing, and overhaul shall be made, including provision for examinations and reports by properly qualified private persons whose examinations or reports the Authority may accept in lieu of those made by its officers and employees;
(4)Reasonable rules and regulations governing the reserve supply of aircraft, aircraft engines, propellers, appliances, and52 Stat. 1008 aircraft fuel and oil, required in the interest of safety, including the reserve supply of aircraft fuel and oil which shall be carried in flight;
(5)Reasonable rules and regulations governing, in the interest of safety, the maximum hours or periods of service of airmen, and other employees, of air carriers;
(6)Such reasonable rules and regulations, or minimum standards, governing other practices, methods, and procedure, as the Authority may find necessary to provide adequately for safety in air commerce; and
(7)Air traffic rules governing the flight of, and for the navigation, protection, and identification of, aircraft, including rules as to safe altitudes of flight and rules for the prevention of collisions between aircraft, and between aircraft and land or water vehicles. Needs of Service to Be Considered; Classifications of Standards, and so Forth
(b)Needs of service to be considered; classifications of standards, etc. In prescribing standards, rules, and regulations, and in issuing certificates under this title, the Authority shall give full consideration to the duty resting upon air carriers to perform their services with the highest possible degree of safety in the public interest and to any differences between air transportation and other air commerce; and it shall make classifications of such standards, rules, and regulations, and certificates appropriate to the differences between air transportation and other air commerce. The Authority may authorize any aircraft, aircraft, engine, propeller, or appliance, for which an aircraft certificate authorizing use thereof in air transportation has been issued, to be used in other air commerce without the issuance of a further certificate. The Authority shall exercise and perform its powers and duties under this Act in such manner as will best tend to reduce or eliminate the possibility of, or recurrence of, accidents in air transportation, but shall not deem itself required to give preference to either air transportation or other air commerce in the administration and enforcement of this title. airman certificatesAirman certificates. Power to Issue Certificate Sec. 602. Power to issue.
(a)The Authority is empowered to issue airman certificates specifying the capacity in which the holders thereof are authorized to serve as airmen in connection with aircraft. Issuance of Certificate
(b)Issuance of certificate. Any person may file with the Authority an application for an airman certificate. If the Authority finds, after investigation, that such person possesses proper qualifications for, and is physically able to perform the duties pertaining to, the position for which the airman certificate is sought, it shall issue such certificate, containing such terms, conditions, and limitations as to duration thereof, periodic or special examinations, tests of physical fitness, and other matters as the Authority may determine to be necessary to assure safety in air commerce. Any person whose application for the issuance or renewal of an airman certificate is denied may file with the Authority a petition for reconsideration, and the Authority shall thereupon assign such application for hearing at a place convenient to the applicant’s *Proviso*.Issuance to aliens.place of residence or employment: *Provided*, That the Authority may, in its discretion, prohibit or restrict the issuance of airman certificates to aliens, or may make such issuance dependent on the terms of reciprocal agreements entered into with foreign governments. 52 Stat. 1009 Form and Recording of Certificate
(c)Each certificate shall be numbered and recorded by the Authority;Form and recording. shall state the name, and address of, and contain a description of, the person to whom the certificate is issued; and shall be entitled with the designation of the class covered thereby. Certificates issued to all pilots serving in scheduled air transportation shall be designated “airline transport pilot” of the proper class. aircraft certificatesAircraft certificates. Type Certificates Sec. 603.
(1)The Authority is empowered to issue type certificatesType certificates. for aircraft, aircraft engines, and propellers; to specify in regulations the appliances for which the issuance of type certificates is reasonably required in the interest of safety; and to issue such certificates for appliances so specified.
(2)Any interested person may file with the Authority an application for a type certificate for an aircraft, aircraft engine, propeller, or appliance specified in regulations under paragraph
(1)of this subsection. Upon receipt of an application, the Authority shall make an investigation thereof and may hold hearings thereon. The Authority shall make, or require the applicant to make, such tests during manufacture and upon completion as the Authority deems reasonably necessary in the interest of safety, including flight tests and tests of raw materials or any part or appurtenance of such aircraft, aircraft engine, propeller, or appliance. If the Authority finds that such aircraft, aircraft engine, propeller, or appliance is of proper design, material, specification, construction, and performance for safe operation, and meets the minimum standards, rules, and regulations prescribed by the Authority, it shall issue a type certificate therefor. The Authority may prescribe in any such certificate the duration thereof and such other terms, conditions, and limitations as are required in the interest of safety. The Authority may record upon any certificate issued for aircraft, aircraft engines, or propellers, a numerical determination of all of the essential factors relative to the performance of the aircraft, aircraft engine, or propeller for which the certificate is issued. Production Certificate
(b)Upon application, and if it satisfactorily appears to the AuthorityProduction certificate. that duplicates of any aircraft, aircraft engine, propeller, or appliance for which a type certificate has been issued will conform to such certificate, the Authority shall issue a production certificate authorizing the production of duplicates of such aircraft, aircraft engines, propellers, or appliances. The Authority shall make such inspection and may require such tests of any aircraft, aircraft engine, propeller, or appliance manufactured under a production certificate as may be necessary to assure manufacture of each unit in conformity with the type certificate or any amendment or modification thereof. The Authority may prescribe in any such production certificate the duration thereof and such other terms, conditions, and limitations as are required in the interest of safety. Airworthiness Certificate
(c)The registered owner of any aircraft may file with the AuthorityAirworthiness certificate. an application for an airworthiness certificate for such aircraft. If the Authority finds that the aircraft conforms to the type certificate therefor, and, after inspection, that the aircraft is in condition for safe52 Stat. 1010 operation, it shall issue an airworthiness certificate. The Authority may prescribe in such certificate the duration of such certificate, the type of service for which the aircraft may be used, and such other terms, conditions, and limitations as are required in the interest of safety. Each such certificate shall be registered by the Authority and shall set forth such information as the Authority may deem advisable. The certificate number, or such other individual designation as may be required by the Authority, shall be displayed upon each aircraft in accordance with regulations prescribed by the Authority. Air carrier operating certificates.air carrier operating certificates Power to Issue Sec. 604. Power to issue.
(a)The Authority is empowered to issue air carrier operating certificates and to establish minimum safety standards for the operation of the air carrier to whom any such certificate is issued. Issuance
(b)Issuance. Any person desiring to operate as an air carrier may file with the Authority an application for an air carrier operating certificate. If the Authority finds, after investigation, that such person is properly and adequately equipped and able to conduct a safe operation in accordance with the requirements of this Act and the rules, regulations, and standards prescribed thereunder, it shall issue an air carrier operating certificate to such person. Each air carrier operating certificate shall prescribe such terms, conditions, and limitations as are reasonably necessary to assure safety in air transportation, and shall specify the points to and from which, and the civil airways over which, such person is authorized to operate as an air carrier under an air carrier operating certificate. Maintenance of equipment in air transportation.maintenance of equipment in air transportation Duty of Carriers and Airmen Sec. 605. Duty of carriers and airmen.
(a)It shall be the duty of each air carrier to make, or cause to be made, such inspection, maintenance, overhaul, and repair of all equipment used in air transportation as may be required by this Act, or the orders, rules, and regulations of the Authority issued thereunder. And it shall be the duty of every person engaged in operating, inspecting, maintaining, or overhauling equipment to observe and comply with the requirements of this Act relating thereto, and the orders, rules, and regulations issued thereunder. Inspection
(b)Inspection. The Authority shall employ inspectors who shall be charged with the duty
(1)of making such inspections of aircraft, aircraft engines, propellers, and appliances designed for use in air transportation, during manufacture, and while used by an air carrier in air transportation, as may be necessary to enable the Authority to determine that such aircraft, aircraft engines, propellers, and appliances are in safe condition and are properly maintained for operation in air transportation; and
(2)of advising and cooperating with each air carrier in the inspection and maintenance thereof by the air carrier. Whenever any inspector shall, in the performance of his duty, find that any aircraft., aircraft engine, propeller, or appliance, used or intended to be used by any air carrier in air transportation,52 Stat. 1011 is not in condition for safe operation, he shall so notify the carrier, in such form and manner as the Authority may prescribe; and, for a period of five days thereafter, such aircraft, aircraft engine, propeller, or appliance shall not be used in air transportation, or in such manner as to endanger air transportation, unless found by the Authority or its inspector to be in condition for safe operation. air navigation facility rating Sec. 606. The Authority is empowered to inspect, classify, and rateAir navigation facility rating. any air navigation facility available for the use of civil aircraft of the United States, as to its suitability for such use. The Authority is empowered to issue a certificate for any such air navigation facility. air agency rating Sec. 607. The Authority is empowered to provide for the examinationAir agency rating. and rating of
(1)civilian schools giving instruction in flying orCivilian schools. in the repair, alteration, maintenance, and overhaul of aircraft, aircraft engines, propellers, and appliances, as to the adequacy of the course of instruction, the suitability and airworthiness of the equipment, and the competency of the instructors;
(2)repair stations orRepair stations, etc. shops for the repair, alteration, maintenance, and overhaul of aircraft, aircraft engines, propellers, or appliances, as to the adequacy and suitability of the equipment, facilities, and materials for, and methods of, repair, alteration, maintenance, and overhaul of aircraft, aircraft engines, propellers, and appliances, and the competency of those engaged in the work or giving any instruction therein; and
(3)suchOther air agencies. other air agencies as may, in its opinion, be necessary in the interest of the public. The Authority is empowered to issue certificates for such schools, repair stations, and other agencies. form of applications Sec. 608. Applications for certificates under this title shall be inForm of applications. such form, contain such information, and be filed and served in such manner as the Authority may prescribe, and shall be under oath whenever the Authority so requires. amendment, suspension, and revocation of certificates Sec. 609. The Authority may, from time to time, reinspect any aircraft,Amendment, suspension, and revocation of certificates. aircraft engine, propeller, appliance, air navigation facility, or air agency, may reexamine any airman, and, after investigation, and upon notice and hearing, may alter, amend, modify, or suspend, in whole or in part, any type certificate, production certificate, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate, or air agency certificate if the interest of the public so requires, or may revoke, in whole or in part, any such certificate for any cause which, at the time of revocation, would justify the Authority in refusing to issue to the holder of such certificate a like certificate. In cases of emergency, any such certificate may be suspended,Emergencies. in whole or in part, for a period not in excess of thirty days, without regard to any requirement as to notice and hearing. The Authority shall immediately give not ice of such suspension to the holder of such certificate and shall enter upon a hearing which shall be disposed of as speedily as possible. During the pendency of the proceeding the Authority may further suspend such certificate, in whole or in part, for an additional period not in excess of thirty days. 52 Stat. 1012 Prohibitions.prohibitions Violations of Title Violations of title. Sec. 610.
(a)It shall be unlawful—
(1)Operation without current airworthiness certificate. For any person to operate in air commerce any civil aircraft for which there is not currently in effect an airworthiness certificate, or in violation of the terms of any such certificate;
(2)Without airman certificate, etc. For any person to serve in any capacity as an airman in connection with any civil aircraft used in air commerce without an airman certificate authorizing him to serve in such capacity, or in violation of the terms of any such certificate;
(3)Employment of airman who does not have airman certificate. For any person to employ for service in connection with any civil aircraft used in air commerce an airman who does not have an airman certificate authorizing him to serve in the capacity for which he is employed;
(4)Operation as air carrier without air carrier operating certificate. For any person to operate as an air carrier without an air carrier operating certificate, or in violation of the terms of any such certificate; and
(5)Operation in violation of any other rule, etc. For any person to operate aircraft in air commerce in violation of any other rule, regulation, or certificate of the Authority under this title. Exemption of Foreign Aircraft and Airmen
(b)Exemption of foreign aircraft and airmen. Foreign aircraft and airmen serving in connection therewith may, except with respect to the observance by such airmen of the air traffic rules, be exempted from the provisions of subsection
(a)of this section, to the extent, and upon such terms and conditions, as may be prescribed by the Authority as being in the interest of the public. TITLE VII— AIR SAFETY BOARD Title VII—Air Safety Board. Creation and organization.creation and organization of board Appointment of Board Sec. 701. Composition, appointment, etc.
(a)There is created and established within the Authority an Air Safety Board. Such Board shall consist of three members to be appointed by the President by and with the advice and consent of the Senate. One of the members shall, at the time of his nomination, be an active airline pilot and shall have flown not less than Citizenship requirement.three thousand hours in scheduled air transportation. Each member of the Board shall be a citizen of the United States and shall continue in office as designated by the President at the time of nomination until the last day of the second, fourth, and sixth calendar years, Terms.respectively, following the passage of this Act, but their successors shall be appointed for terms of six years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Any member of the Board may be appointed to succeed himself. The Board shall annually Compensation.elect one of its members as chairman of the Board. Each member No pecuniary interest, etc.of the Board shall receive a salary of $7,500 per annum. No member of the Board shall have any pecuniary interest in or own any stock in or bonds of any civil aeronautics enterprise. Personnel
(b)Personnel. Subject to the provisions of the civil-service laws and the [5 U. S. C. chs. 12, 13; Supp. III, chs. 12, 13](/us/usc/t5/s12/13).Classification Act of 1923, as amended, the Board shall appoint, fix the salaries, and prescribe the duties, of such assistants and other employees as it shall deem necessary in exercising and performing52 Stat. 1013 its powers and duties under this Act. Such of the personnel transferred to the Authority from the Department of Commerce under section 203 of this Act as were regularly employed in the investigation*Ante*, p. 982. and analysis of accidents in air commerce prior to such transfer may, upon request of the Board, be transferred to the Board. Temporary Personnel
(c)The Board may, without regard to the civil-service laws,Temporary personnel. engage, for temporary service in the investigation of any accident involving aircraft, persons other than officers or employees of the United States and may fix their compensation without regard to[42 Stat. 1488](/us/stat/42/1488).[5 U. S. C. §§ 661–674; Supp. III, §§ 673, 673c](/us/usc/t5/s661/674/673/673c). the Classification Act of 1923, as amended; and may, with the consent of the head of the executive department or independent establishment under whose jurisdiction the officer or employee is serving, secure for such service any officer or employee of the United States. Authorization of Expenditures
(d)All expenses incurred by the Board in the investigation ofAuthorization of expenditures. accidents, or for the maintenance or operation of aircraft acquired for the use of the Board, shall be allowed upon vouchers approved by the chairman of the Board. The members and assistants of the Board are authorized to travel in the same manner as employees of the Authority. Preservation of Records and Reports
(e)The records and reports of the Board shall be preserved inPreservation of records and reports. the custody of the secretary of the Authority in the same manner and subject to the same provisions respecting publication as the records and reports of the Authority, except that any publication thereof shall be styled “Air Safety Board of the Civil Aeronautics Authority”, and that no part of any report or reports of the Board or the Authority relating to any accident, or the investigation thereof, shall be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such report or reports. duties of the boardDuties of the Board. General Duties Sec. 702.
(a)It shall be the duty of the Board to—General duties.
(1)Make rules and regulations, subject to the approval of the Authority, governing notification and report of accidents involving aircraft;
(2)Investigate such accidents and report to the Authority the facts, conditions, and circumstances relating to each accident and the probable cause thereof;
(3)Make such recommendations to the Authority as, in its opinion, will tend to prevent similar accidents in the future;
(4)Make such reports and recommendations public in such form and manner as may be deemed by it to be in the public interest; and
(5)Assist the Authority in ascertaining what will best tend to reduce or eliminate the possibility of, or recurrence of, accidents by investigating such complaints filed with the Authority or the Board, and by conducting such special studies and investigations, on matters pertaining to safety in air navigation and the prevention of accidents, as may be requested or approved by the Authority. 52 Stat. 1014 Manner of Performance
(b)Manner of performance. The Board shall exercise and perform its powers and duties independently of the Authority and shall not be assigned any duties in, or in connection with, any other section or unit of the Authority. Conduct of Investigations
(c)Conduct of investigations. In conducting any hearing or investigation, any member of the Board or any other officer or employee of the Board or any other person engaged or secured wider subsection
(c)of section 701 shall have the same powers as the examiners or other employees of the Authority have with respect to hearings or investigations conducted by the Authority. Aircraft
(d)Aircraft. Any aircraft, aircraft engine, propeller, or appliance affected by, or involved in, an accident in air commerce shall be preserved in accordance with, and shall not be moved except in accordance with, regulations prescribed by the Board. TITLE VIII— OTHER ADMINISTRATIVE AGENCIESTitle VIII—Other Administrative Agencies. The President of the United States.the president of the united states Sec. 801. Approval of certificate for overseas service, etc. The issuance, denial, transfer, amendment, cancelation, suspension, or revocation of, and the terms, conditions, and limitations contained in, any certificate authorizing an air carrier to engage in overseas or foreign air transportation, or air transportation between places m the same Territory or possession, or any permit *Ante*, p. 991.issuable to any foreign air carrier under section 402, shall be subject to the approval of the President. Copies of all applications in respect of such certificates and permits shall be transmitted to the President by the Authority before hearing thereon, and all decisions thereon by the Authority shall be submitted to the President before Exceptions.publication thereof. This section shall not apply to the issuance or denial *Ante*, pp. 988, 991.of any certificate issuable under section 401
(e)or any permit issuable under section 402
(c)or to the original terms, conditions, or limitations of any such certificate or permit. the department of state Sec. 802. Department of State. The Secretary of State shall advise the Authority of, and consult with the Authority concerning, the negotiation of any agreements with foreign governments for the establishment or development of air navigation, including air routes and services. weather bureau Sec. 803. Weather Bureau. In order to promote the safety and efficiency of aircraft to the highest possible degree, the Chief of the Weather Bureau, under the direction of the Secretary of Agriculture, shall, in addition to any other functions or duties pertaining to weather Observations, etc.information for other purposes,
(1)make such observations, measurements, investigations, and studies of atmospheric phenomena, and establish such meteorological offices and stations, as are necessary or best suited for ascertaining, in advance,, information concerning probable Reports.weather conditions;
(2)furnish such reports, forecasts, warnings, and advices to the Authority, and to such air carriers and other persons engaged in civil aeronautics as may be designated by the52 Stat. 1015 Authority, and to such other persons as the Chief of the Weather Bureau may determine, and such reports shall be made in such manner and with such frequency as will best result in safety in air navigation;
(3)cooperate with any person employed by air carriersCooperation in meteorological service.Training of personnel. in meteorological service; and
(4)detail annually not to exceed ten members of the Weather Bureau personnel for training at Government expense, either at civilian institutions or otherwise, in advanced methods of meteorological science: *Provided*, That no such member*Proviso*.Status. shall lose his individual status or seniority rating in the Bureau merely by reason of absence due to such training. TITLE IX— PENALTIES Title IX—Penalties. civil penaltiesCivil penalties. Safety and Postal Offenses Sec. 901.
(a)Any person who violates
(1)any provision of titlesSafety and postal offenses.*Ante*, pp. 1005, 1007, 1012.[44 Stat. 574](/us/stat/44/574).[49 U. S. C. § 181](/us/usc/t49/s181). V, VI, and VII of this Act, or any provision of subsection
(1)of section 11 of the Air Commerce Act of 1926, as amended, or
(2)any rule or regulation issued by the Postmaster General under this Act, shall be subject to a civil penalty of not to exceed $1,000 for each such violation. Any such penalty may be compromised by theCompromise of penalties. Authority or the Postmaster General, as the case may be. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged. Liens
(b)In case an aircraft is involved in such violation and the violationLiens. is by the owner or person in command of the aircraft, such aircraft shall be subject to lien for the penalty: *Provided*, That this*Proviso*.Rules of Postmaster General not affected. subsection shall not apply to a violation of a rule or regulation of the Postmaster General. criminal penaltiesCriminal penalties. General General. Sec. 902.
(a)Any person who knowingly and willfully violatesWillful violation of provisions; exceptions.*Ante*, pp. 1005, 1007, 1012. any provision of this Act (except titles V, VI, and VII), or any order, rule, or regulation issued under any such provision or any term, condition, or limitation of any certificate or permit issued under title IV, for which no penalty is otherwise herein provided, shall be deemed*Ante*, p. 987. guilty of a misdemeanor and upon conviction thereof shall be subject for the first offense to a fine of not more than $500, and for any subsequent offense to a fine of not more than $2,000. If such violation is a continuing one, each day of such violation shall constitute a separate offense. Forgery of Certificates
(b)Any person who knowingly and willfully forges, counterfeits,Forgery of certificates. alters, or falsely makes any certificate authorized to be issued under this Act, or knowingly uses or attempts to use any such fraudulent certificate, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not exceeding $1,000 or to imprisonment not exceeding three years, or to both such fine and imprisonment. 52 Stat. 1016 Interference With Air Navigation
(c)Interference with air navigation. A person shall be subject to a fine of not exceeding $5,000 or to imprisonment not exceeding five years, or to both such fine and imprisonment, who—
(1)with intent to interfere with air navigation within the United States, exhibits within the United States any light or signal at such place or in such manner that it is likely to be mistaken for a true light or signal established pursuant to this Act, or for a true light or signal in connection with an airport or other air navigation facility; or
(2)after due warning by the Administrator, continues to maintain any misleading light or signal; or
(3)knowingly removes, extinguishes, or interferes with the operation of any such true light or signal. Granting Rebates
(d)Granting rebates. Any air carrier or foreign air carrier, or any officer, agent, employee, or representative thereof, who shall, knowingly and willfully, offer, grant, or give, or cause to be offered, granted, or given, any rebate or other concession in violation of the provisions of this Act, or who, by any device or means, shall, knowingly and willfully, assist, or shall willingly suffer or permit, any person to obtain transportation or services subject to this Act at less than the rates, fares, or charges lawfully in effect, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject for each offense to a fine of not less than $100 and not more than $5,000. Failure to File Reports; Falsification of Records
(e)Failure to file reports. Any air carrier, or any officer, agent, employee, or representative thereof, who shall, knowingly and willfully, fail or refuse to make a report to the Authority as required by this Act, or to keep or preserve accounts, records, and memoranda in the form and Falsification, etc., of records.manner prescribed or approved by the Authority, or shall, knowingly and willfully, falsify, mutilate, or alter any such report, account, record, or memorandum, or shall knowingly and willfully file any false report, account, record, or memorandum, shall be deemed guilty of a misdemeanor and, upon conviction thereof, be subject for each offense to a fine of not less than $100 and not more than $5,000. Divulging Information
(f)Divulging information. If any member of the Authority or the Air Safety Board, or the Administrator, or any officer or employee of any of them, shall knowingly and willfully divulge any fact or information which may come to his knowledge during the course of an examination of the accounts, records, and memoranda of any air carrier, or which is *Post*, p. 1026.withheld from public disclosure under section 1104, except as he may be directed by the Authority, or the Air Safety Board in the case of information ordered to be withheld by it, or by a court of competent jurisdiction or a judge thereof, he shall upon conviction thereof be subject for each offense to a fine of not more than $5,000 or imprisonment for not more than two years, or both. Refusal to Testify
(g)Refusal to testily. Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, or52 Stat. 1017 documents, if in his power to do so, in obedience to the subpena or lawful requirement of the Authority or the Air Safety Board, shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $100 nor more than $5,000, or imprisonment for not more than one year, or both. venue and prosecution of offensesVenue and prosecution of offences. Venue General. Sec. 903.
(a)The trial of any offense under this Act shall be inVenue. the district in which such offense is committed; or if the offense is committed upon the high seas, or out of the jurisdiction of any particular State or district, the trial shall be in the district where the offender may be found or into which he shall be first brought. Whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense ad been actually and wholly committed therein. Procedure in Respect of Civil Penalties
(1)Any civil penalty imposed under this Act may be collectedProcedure in respect of civil penalties. by proceedings in personam against the person subject to the penalty and, in case the penalty is a lien, by proceedings in rem against the aircraft, or by either method alone. Such proceedings shall conform as nearly as may be to civil suits in admiralty, except that either party may demand trial by jury of any issue of fact, if the value in controversy exceeds $20, and the facts so tried shall not be reexamined other than in accordance with the rules of the common law. The fact that in a libel in rem the seizure is made at a place not upon the high seas or navigable waters of the United States shall not be held many way to limit the requirement of the conformity of the proceedings to civil suits in rem in admiralty.
(2)Any aircraft subject to such lien may be summarily seizedSeizure of aircraft. by and placed in the custody of such persons as the Authority may by regulation prescribe, and a report of the cause shall thereupon be transmitted to the United States attorney for the judicial district in which the seizure is made. The United States attorney shall promptly institute proceedings for the enforcement of the lien or notify the Authority of his failure so to act.
(3)The aircraft shall be released from such custody upon paymentRelease. of the penalty or the amount agreed upon in compromise; or seizure in pursuance of process of any court in proceedings in rem for enforcement of the lien, or notification by the United States attorney of failure to institute such proceedings; or deposit of a bond in such amount and with such sureties as the Authority may prescribe, conditioned upon the payment of the penalty or the amount agreed upon in compromise.
(4)The Supreme Court of the United States, and under its directionSupreme Court, etc., may prescribe administrative rules. other courts of the United States, may prescribe rules regulating such proceedings in any particular not provided by law. TITLE X— PROCEDURE Title X—Procedure. conduct of proceedings Sec. 1001. The Authority may conduct its proceedings in such mannerConduct of proceedings. as will be conducive to the proper dispatch of business and to the ends of justice. No member of the Authority shall participate in any52 Stat. 1018 hearing or proceeding in which he has a pecuniary interest. Any person may appear before the Authority and be heard in person or by attorney. Every vote and official act of the Authority shall be entered of record, and its proceedings shall be open to the public upon the request of any interested party unless the Authority determines that secrecy is requisite on grounds of national defense. Complaints to and investigations by the Authority.complaints to and investigations by the authority Filing of Complaints Authorized Sec. 1002. Filing of complaints authorized.
(a)Any person may file with the Authority a complaint in writing with respect to anything done or omitted to be done by any person in contravention of any provision of this Act, or of any requirement established pursuant thereto. If the person complained against shall not satisfy the complaint and there shall appear to be any reasonable ground for investigating the complaint, it shall be the duty of the Authority to investigate the matters complained of. Whenever the Authority is of the opinion that any complaint does not state facts which warrant an investigation or action on its part, it may dismiss such complaint without hearing. Investigations on Initiative of Authority
(b)Investigations on initiative of Authority. The Authority is empowered at any time to institute an investigation, on its own initiative, in any case and as to any matter or tiling concerning which complaint is authorized to be made to or before the Authority by any provision of this Act, or concerning which any question may arise under any of the provisions of this Act, or relating to the enforcement of any of the provisions of this Act. The Authority shall have the same power to proceed with any investigation instituted on its own motion as though it had been appealed to by complaint. Entry of Orders for Compliance With Act
(c)Entry of orders for compliance with Act. If the Authority finds, after notice and hearing, in any investigation instituted upon complaint or upon its own initiative, that any person has failed to comply with any provision of this Act or any requirement established pursuant thereto, the Authority shall issue an appropriate order to compel such person to comply therewith. Power to Prescribe Kates and Practices of Air Carriers
(d)Power to prescribe rates and practices of air carriers. Whenever, after notice and hearing, upon complaint, or upon its own initiative, the Authority shall be of the opinion that any individual or joint rate, fare, or charge demanded, charged, collected or received by any air carrier for interstate or overseas air transportation, or any classification, rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial, the Authority shall determine and prescribe the lawful rate, fare, or charge (or the maximum or minimum, or the maximum and minimum thereof) thereafter to be demanded, charged, collected, or received, or the lawful classification, rule, regulation, or practice thereafter to be made effective: *Proviso*.Overseas transportation; rates, fares, etc. *Provided*, That as to rates fares, and charges for overseas air transportation, the Authority shall determine and prescribe only a just and reasonable maximum or minimum or maximum and minimum rate, fare, or charge. 52 Stat. 1019 Rule of Rate Making
(e)In exercising and performing its powers and duties with respectRule of rate making. to the determination of rates for the carriage of persons or property, the Authority shall take into consideration, among other factors—
(1)The effect of such rates upon the movement of traffic;
(2)The need in the public interest of adequate and efficient transportation of persons and property by air carriers at the lowest cost consistent with the furnishing of such service;
(3)Such standards respecting the character and quality of service to be rendered by air carriers as may be prescribed by or pursuant to law;
(4)The inherent advantages of transportation by aircraft; and
(5)The need of each air carrier for revenue sufficient to enable such air carrier, under honest, economical, and efficient management, to provide adequate and efficient air carrier service. Removal of Discrimination in Foreign Air Transportation
(f)Foreign air transportation. Whenever, after notice and hearing, upon complaint, or uponRemoval of discrimination. its own initiative, the Authority shall be of the opinion that any individual or joint rate, fare, or charge demanded, charged, collected, or received by any air carrier or foreign air carrier for foreign air transportation, or any classification, rule, regulation, or practice affecting such rate, fare, or charge or the value of the service thereunder, is or will be unjustly discriminatory, or unduly preferential, or unduly prejudicial, the Authority may alter the same to the extent necessary to correct such discrimination, preference, or prejudice and make an order that the air carrier or foreign air carrier shall discontinue demanding, charging, collecting, or receiving any such discriminatory, preferential, or prejudicial rate, fare, or charge, or enforcing any such discriminatory, preferential, or prejudicial classification, rule, regulation, or practice. Suspension of Rates
(g)Whenever any air carrier shall file with the Authority a tariffSuspension of rates. stating a new individual or joint (between air carriers) rate, fare, or charge for interstate or overseas air transportation or any classification, rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, the Authority is empowered, upon complaint or upon its own initiative, at once, and, if it so orders, without answer or other formal pleading by the air carrier, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, fare, or charge, or such classification, rule, regulation, or practice; and pending such hearing and the decision thereon, the Authority, by filing with such tariff, and delivering to the air carrier affected thereby, a statement in writing of its reasons for such suspension, may suspend the operation of such tariff and defer the use of such rate, fare, or charge, or such classification, rule, regulation, or practice, for a period of ninety days, and, if the proceeding has not been concluded and a final order made within such period, the Authority may, from time to time, extend the period of suspension, but not for a longer period in the aggregate than one hundred and eighty days beyond the time when such tariff would otherwise go into effect; and, after hearing, whether completed before or after the rate, fare, charge, classification, rule, regulation, or practice goes into effect, the Authority may make such order with reference thereto as would be proper in a proceeding52 Stat. 1020 instituted after such rate, fare, charge, classification, rule, regulation, or practice had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed rate, fare, charge, classification, rule, regulation, or practice *Proviso*.Initial tariff filed by carrier.shall go into effect at the end of such period: *Provided*, That this subsection shall not apply to any initial tariff filed by any air carrier. Power to Prescribe Divisions of Rates
(h)Power to prescribe divisions of rates. Whenever, after notice and hearing, upon complaint or upon its own initiative, the Authority is of the opinion that the divisions of joint rates, fares, or charges for air transportation are or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the air carriers or foreign air carriers parties thereto, the Authority shall prescribe the just, reasonable, and equitable divisions thereof to be received by the several air carriers. The Authority may require the adjustment of divisions between such air carriers from the date of filing the complaint or entry of order of investigation, or such other date subsequent thereto as the Authority finds to be just, reasonable, and equitable. Power to Establish Through Air Transportation Service
(i)Power to establish through air transportation service. The Authority shall, whenever required by the public convenience and necessity, after notice and hearing, upon complaint or upon its own initiative, establish through service and joint rates, fares, or charges (or the maxima or minima, or the maxima and minima thereof) for interstate or overseas air transportation, or the classifications, rules, regulations, or practices affecting such rates, fares, or charges, or the value of the service thereunder, and the terms and conditions under which such through service shall be *Proviso*.Overseas air transportation, joint rates, fares, etc.operated: *Provided*, That as to joint rates, fares, and charges for overseas air transportation the Authority shall determine and prescribe only just and reasonable maximum or minimum or maximum and minimum joint rates, fares, or charges. Joint boards.joint boards Designation of Boards Sec. 1003. Designation of boards.
(a)The Authority and the Interstate Commerce Commission shall direct their respective chairmen to designate, from time to time, a like number of members of each to act as a joint board to consider and pass upon matters referred to such board as provided in subsection
(c)of this section. Through Service and Joint Rates
(b)Through service and joint rates. Air carriers may establish reasonable through service and joint rates, fares, and charges with other common carriers. In case of through service by air carriers and common carriers subject to the [24 Stat. 379](/us/stat/24/379).[49 U. S. C. chs. 1, 2](/us/usc/t49/s1/2).[49 Stat. 543](/us/stat/49/543).[49 U. S. C., Supp, III. §§ 301–327](/us/usc/t49/s301/327).Interstate Commerce Act or the Motor Carrier Act, 1935, it shall be the duty of the carriers parties thereto to establish just and reasonable joint rates, fares, or charges and just and reasonable classifications, rules, regulations, and practices affecting such joint rates, fares, or charges, or the value of the service thereunder, and just, reasonable, and equitable divisions of such joint rates, fares, or charges as between the carriers participating therein. Any air carrier, and any common carrier subject to the Interstate Commerce Act or the Motor Carrier Act, 1935, which is participating in such through service and joint rates, fares, or charges, shall include in its tariffs, filed with the Authority or the Interstate Commerce Commission, as the case may be, a statement showing such through service and joint rates, fares, or charges. 52 Stat. 1021 Jurisdiction of Boards
(c)Matters relating to such through service and joint rates, fares,Jurisdiction of boards. or charges may be referred by the Authority or the Interstate Commerce Commission, upon complaint or upon its own initiative, to a joint board created as provided in subsection (a). Complaints may be made to the Interstate Commerce Commission or the Authority with respect to any matter which may be referred to a joint board under this subsection. Power of Boards
(d)With respect to matters referred to any joint board as providedPower of boards. in subsection (c), if such board finds, after notice and hearing, that any such joint rate, fare, or charge, or classification, rule, regulation, or practice, affecting such joint rate, fare, or charge or the value of the service thereunder is or will be unjust, unreasonable, unjustly discriminatory, or unduly preferential or prejudicial, or that any division of any such joint rate, fare, or charge, is or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto, it is authorized and directed to take the same action with respect thereto as the Authority is empowered to take with respect to any joint rate, fare, or charge, between air carriers, or any divisions thereof, or any classification, rule, regulation, or practice affecting such joint rate, fare, or charge or the value of the service thereunder. Judicial Enforcement and Review
(e)Orders of the joint boards shall be enforceable and reviewableJudicial enforcement and review. as provided in this Act with respect to orders of the Authority. evidenceEvidence. Power to Take Evidence Sec. 1004.
(a)Any member or examiner of the Authority, whenPower to take, etc. duly designated by the Authority for such purpose, may hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States designated by the Authority. In all cases heard by an examiner or a single member the Authority shall hear or receive argument on request of either party. Power to Issue Subpena
(b)For the purposes of this Act the Authority shall have thePower to issue subpena. power to require by subpena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under investigation. Witnesses summoned before theWitnesses, fees and mileage. Authority shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Enforcement of Subpena
(c)The attendance of witnesses, and the production of books,Enforcement of subpena. papers, and documents, may be required from any place in the United States, at any designated place of hearing. In case of disobedience to a subpena, the Authority, or any party to a proceeding before the Authority, may invoke the aid of any court of the United States in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the provisions of this section. 52 Stat. 1022 Contempt
(d)Contempt. Any court of the United States within the jurisdiction of which an inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear before the Authority (and produce books, papers, or documents if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. Deposition
(e)Deposition. The Authority may order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Authority and having power to administer oaths. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce books, papers, or documents, in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Authority, as hereinbefore provided. Method of Taking Depositions
(f)Method of taking depositions. Every person deposing as herein provided shall be cautioned and shall be required to swear (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. All depositions shall be promptly filed with the Authority. Foreign Depositions
(g)Foreign depositions. If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken, provided the laws of the foreign country so permit, by a consular officer or other person commissioned by the Authority, or agreed upon by the parties by stipulation in writing to be filed with the Authority, or may be taken under letters rogatory issued by a court of competent jurisdiction at the request of the Authority. Fees
(h)Fees. Witnesses whose depositions are taken as authorized in this Act, and the persons taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United *Proviso*.Commissions or letters rogatory.States: *Provided*, That with respect to commissions or letters rogatory issued at the initiative of the Authority, executed in foreign countries the Authority shall pay such fees, charges, or expenses incidental thereto as may be found necessary, in accordance with regulations on the subject to be prescribed by the Authority. Compelling Testimony
(i)Compelling testimony. No person shall be excused from attending and testifying, or from producing books, papers, or documents before the Authority, or in obedience to the subpena of the Authority, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this Act, or of any rule, regulation, requirement,52 Stat. 1023 or order thereunder, or any term, condition, or limitation of any certificate or permit, on the ground, or for the reason, that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. orders, notices, and serviceOrders, notices, and service. Effective Date of Orders; Emergency Orders Sec. 1005.
(a)Except as otherwise provided in this Act, all orders,Effective date of orders. rules, and regulations of the Authority shall take effect within such reasonable time as the Authority may prescribe, and shall continue in force until its further order, rule, or regulation, or for a specified period of time, as shall be prescribed in the order, rule, or regulation: *Provided*, That whenever the Authority is of the opinion that*Provisos*.Emergency orders. an emergency requiring immediate action exists in respect of safety in air commerce, the Authority is authorized, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other form of pleading by the interested person or persons, and with or without notice, hearing, or the making or filing of a report, to make such just and reasonable orders, rules, or regulations, as may be essential in the interest of safety in air commerce to meet such emergency: *Provided further*, That the Authority shallInitiation of proceedings. immediately initiate proceedings relating to the matters embraced in any such order, rule, or regulation, and shall, insofar as practicable, give preference to such proceedings over all others under this Act. Designation of Agent for Service
(b)It shall be the duty of every air carrier and foreign air carrierDesignation of agent for service. within sixty days after the effective date of this section to designate in writing an agent upon whom service of all notices and process and all orders, decisions, and requirements of the Authority may be made for and on behalf of said carrier, and to file such designation in the office of the secretary of the Authority, which designation may from time to time be changed by like writing similarly filed. Service of all notices and process and orders, decisions, and requirements of the Authority may be made upon such carrier by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon such carrier, and in default of such designation of such agent, service of any notice or other process in any proceeding before said Authority, or of any order, decision, or requirement of the Authority, may be made by posting such notice, process, order, requirement, or decision in the office of the secretary of the Authority. Other Methods of Service
(c)Service of notices, processes, orders, rules, and regulationsOther methods of service. upon any person may be made by personal service, or upon an agent designated in writing for the purpose, or by registered mail addressed to such person or agent. Whenever service is made by registered mail, the date of mailing shall be considered as the time when service is made. 52 Stat. 1024 Suspension or Modification of Order
(d)Suspension or modification of order. Except as otherwise provided in this Act, the Authority is empowered to suspend or modify its orders upon such notice and in such manner as it shall deem proper. Compliance With Order Required
(e)Compliance required. It shall be the duty of every person subject to this Act, and its agents and employees, to observe and comply with any order, rule, regulation, or certificate issued by the Authority under this Act affecting such person so long as the same shall remain in effect. Form and Service of Orders
(f)Form and service. Every order of the Authority shall set forth the findings of fact upon which it is based, and shall be served upon the parties to the proceeding and the persons affected by such order. Judicial review of Authority’s orders.judicial review of authority’s orders Orders of Authority Subject to Review Sec. 1006. Orders of Authority subject to review; exception.
(a)Any order, affirmative or negative, issued by the Authority under this Act, except any order in respect of any foreign air carrier subject to the approval of the President as provided in *Ante*, p. 1014.section 801 of this Act, shall be subject to review by the circuit courts of appeals of the United States or the United States Court of Appeals for the District of Columbia upon petition, filed within sixty days after the entry of such order, by any person disclosing a substantial interest in such order. After the expiration of said sixty days a petition may be filed only by leave of court upon a showing of reasonable grounds for failure to file the petition theretofore. Venue
(b)Venue. A petition under this section shall be filed in the court for the circuit wherein the petitioner resides or has his principal place of business or in the United States Court of Appeals for the District of Columbia. Notice of Authority; Filing of Transcript
(c)Notice of Authority; filing of transcript. A copy of the petition shall, upon filing, be forthwith transmitted to the Authority by the clerk of the court; and the Authority shall thereupon certify and file in the court a transcript of the record, if any, upon which the order complained of was entered. Power of Court
(d)Power of court. Upon transmittal of the petition to the Authority, the court shall have exclusive jurisdiction to affirm, modify, or set aside the order complained of, in whole or in part, and if need be, to order further proceedings by the Authority. Upon good cause shown, interlocutory relief may be granted by stay of the order or by such *Proviso*.Interlocutory relief.mandatory or other relief as may be appropriate: *Provided*, That no interlocutory relief may be granted except upon at least five days’ notice to the Authority. Findings of Fact by Authority Conclusive
(e)Findings of fact by Authority conclusive. The findings of facts by the Authority, if supported by substantial evidence, shall be conclusive. No objection to an order of the Authority shall be considered by the court unless such objection shall52 Stat. 1025 have been urged before the Authority or, if it was not so urged, unless there were reasonable grounds for failure to do so. Certification or Certiorari
(f)The judgment and decree of the court affirming, modifying,Certification or certiorari. or setting aside any such order of the Authority shall be subject only to review by the Supreme Court of the United States upon certification or certiorari as provided in sections 239 and 240 of the Judicial Code. [28 U. S. C. §§ 346, 347](/us/usc/t28/s346/347). judicial enforcementJudicial enforcement Jurisdiction of Court Sec. 1007.
(a)If any person violates any provision of this Act, orJurisdiction of Court. any rule, regulation, requirement, or order thereunder, or any term, condition, or limitation of any certificate or permit issued under this Act, the Authority, its duly authorized agent, or, in the case of a violation of section 401
(a)of this Act, any party in interest, may*Ante*, p. 987. apply to the district court of the United States, for any district wherein such person carries on his business or wherein the violation occurred, for the enforcement of such provision of this Act, or of such rule, regulation, requirement, order, term, condition, or limitation; and such court shall have jurisdiction to enforce obedience thereto by a writ of injunction or other process, mandatory or otherwise, restraining such person, his officers, agents, employees, and representatives, from further violation of such provision of this Act or of such rule, regulation, requirement, order, term, condition, or limitation, and enjoining upon them obedience thereto. Application for Enforcement
(b)Upon the request of the Authority, it shall be the duty of anyApplication for enforcement. district attorney of the United States to whom the Authority may apply to institute in the proper court and to prosecute under the direction of the Attorney General all necessary proceedings for the enforcement of the provisions of this Act or any rule, regulation, requirement, or order thereunder, or any term, condition, or limitation of any certificate or permit, and for the punishment of all violations thereof, and the costs and expenses of such prosecutions shall be paid out of the appropriations for the expenses of the courts of the United States. participation by authority in court proceedings Sec. 1008. Upon request of the Attorney General, the AuthorityParticipation by Authority in court proceedings. shall have the right to participate in any proceeding in court under the provisions of this Act. joinder of parties Sec. 1009. In any proceeding for the enforcement of the provisionsJoinder of parties. of this Act, or any rule, regulation, requirement, or order thereunder, or any term, condition, or limitation of any certificate or permit, whether such proceedings be instituted before the Authority or be begun originally in any court of the United States, it shall be lawful to include as parties, or to permit the intervention of, all persons interested in or affected by the matter under consideration; and inquiries, investigations, orders, and decrees may be made with reference to all such parties in the same manner, to the same extent, and subject to the same provisions of law as they may be made with respect to the persons primarily concerned. 52 Stat. 1026 Title XI—Miscellaneous.TITLE XI— MISCELLANEOUS hazards to air commerce Sec. 1101. Hazards to air commerce. The Authority shall, by rules and regulations, or by order where necessary, require all persons to give adequate public notice, in the form and manner prescribed by the Authority, of the construction or alteration, or of the proposed construction or alteration, of any structure along or near the civil airways where notice will promote safety in air commerce. international agreements Sec. 1102. International agreements. In exercising and performing its powers and duties under this Act, the Authority shall do so consistently with any obligation assumed by the United States in any treaty, convention, or agreement that may be in force between the United States and any foreign country or foreign countries, shall take into consideration any applicable laws and requirements of foreign countries and shall not, in exercising and performing its powers and duties with respect to certificates of convenience and necessity, restrict compliance by any air carrier with any obligation, duty, or liability imposed by any foreign *Proviso*.Disapproval of contract, etc., by Authority.country: *Provided*, That this section shall not apply to any obligation, duty, or liability arising out of a contract or other agreement, heretofore or hereafter entered into between an air carrier, or any officer or representative thereof, and any foreign country, if such contract or agreement is disapproved by the Authority as being contrary to the public interest. nature and use of documents filed Sec. 1103. Nature and use of documents filed. The copies of tariffs, and of all contracts, agreements, understandings, and arrangements filed with the Authority 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 Authority as required under the provisions of this Act shall be preserved as public records (except as otherwise provided in this Act) in the custody of the secretary of the Authority, and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the Authority and in all judicial proceedings; and copies of, and extracts from, any of such tariffs, contracts, agreements, understandings, arrangements, or reports, certified by the secretary of the Authority, under the seal of the Authority, shall be received in evidence with like effect as the originals. withholding of information Sec. 1104. Withholding of information. Any person may make written objection to the public disclosure of information contained in any application, report, or document filed pursuant to the provisions of this Act or of information obtained by the Authority, the Administrator, or the Air Safety Board pursuant to the provisions of this Act, stating the grounds for such objection. Whenever such objection is made, the Authority, or the Air Safety Board if the information was obtained by it, shall order such information withheld from public disclosure when, in its judgment, a disclosure of such information would adversely affect the interests of such person and is not required in the interest of the public. The Authority is authorized to withhold publication of records containing secret information affecting national defense. 52 Stat. 1027 cooperation with government agencies Sec. 1105. The Authority, the Administrator, and the Air SafetyCooperation with Government agencies. Board may avail themselves of the assistance of the National Advisory Committee for Aeronautics 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. Each such agency is authorized to conduct such scientific and technical researches, investigations, and tests as may be necessary to aid the Authority, the Administrator, and the Air Safety Board in the exercise and performance of their powers and duties. Nothing contained in this Act shall be construed to authorize the duplication of the laboratory research activities of any existing governmental agency. remedies not exclusive Sec. 1106. Nothing contained in this Act shall in any way abridgeRemedies not exclusive. or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies. amendments and repeals Sec. 1107. Amendments and repeals.
(a)Section 3964 of the Revised Statutes is hereby[R. S. § 3964](/us/rs/3964).[39 U. S. C. § 481](/us/usc/t39/s481). amended by adding “and all air routes”, after the words “or parts of railroads”.
(b)The Act of May 24, 1928, as amended (45 Stat. 728) , is further[45 Stat. 728](/us/stat/45/728).[49 U. S. C. § 211](/us/usc/t49/s211). amended by striking out the words “Secretary of Commerce” wherever they appear and inserting in lieu thereof the words “Civil Aeronautics Authority”.
(c)The Independent Offices Appropriation Act, 1934, as amended[48 Stat. 305](/us/stat/48/305).[46 U. S. C. § 891y](/us/usc/t46/s891y). (48 Stat. 283), is further amended by striking out in section 6 thereof the weirds “any air mail contract or”.
(d)The Act approved February 21, 1925 (43 Stat. 960), as amended[43 Stat. 960](/us/stat/43/960); [49 Stat 744](/us/stat/49/744); [50 Stat. 725](/us/stat/50/725).[39 U. S. C. § 488; Supp. III, § 488](/us/usc/t39/s488). by the Act approved August 24, 1935 (49 Stat. 744), and the Act approved August 2911So in original., 1937 (50 Stat. 725), is further amended by striking out the words “; and he is authorized, in his discretion, to contract,Alaska air-mail service, contracts by Postmaster General; provision repealed. after advertisement in accordance with law, for the carriage of all classes of mail to, from, or within the Territory of Alaska, by airplane, payment therefor to be made from the appropriation for star-route service in Alaska”.
(e)The ninth paragraph of the Act approved March 3, 1915 (38[38 Stat. 930](/us/stat/38/930); [45 Stat. 1451](/us/stat/45/1451).[50 U. S. C. § 151](/us/usc/t50/s151). Stat. 930), as amended by the Act of March 2, 1929 (45 Stat. 1451; U. S. C., 1934 ed., title 50, sec. 151), is further amended by inserting after the words “naval aeronautics;” in that paragraph the following: “two members from the Civil Aeronautics Authority;” by striking out the word “eight” in that paragraph and inserting in lieu thereof the word “six”, and by striking out the colon after the words “allied sciences” and inserting in lieu thereof a period and the following: “The members of the National Advisory Committee for Aeronautics,National Advisory Committee for Aeronautics, service of present members. not representing governmental agencies, in office on the date of enactment of the Civil Aeronautics Act of 1938, shall continue to serve as members of the Committee until the effective date of section 1107 of the Civil Aeronautics Act of 1938. Upon the expiration ofAppointment of successors. their terms of office, the President is authorized to appoint successors to six of such members for terms of office to expire, as designated by the President at the time of appointment, two at the end of one year, two at the end of three years, and two at the end of five years from December 1, 1938. Successors to those first appointed shall be52 Stat. 1028 appointed by the President for terms of five years from the date of the expiration of the terms of the members whom they succeed, except that any such successor, appointed to fill a vacancy occurring prior to the expiration of a term, shall be appointed only for the unexpired term of the member whom he succeeds:”.
(f)[38 Stat. 719](/us/stat/38/719).[15 U. S. C. § 45](/us/usc/t15/s45).*Ante*, p. 111. Section 5
(a)of the Federal Trade Commission Act, approved September 26, 1914, as amended (38 Stat. 719; U. S. C., 1934 ed., title 15, sec. 41), is further amended by inserting before the words “and persons” the following: “air carriers and foreign air carriers subject to the Civil Aeronautics Act of 1938”.
(g)[38 Stat. 734](/us/stat/38/734).[15 U. S. C. § 21](/us/usc/t15/s21). Section 11 of the Act of October 15, 1914, as amended (38 Stat. 734; U. S. C., 1934 ed., title 15, sec. 21), is amended by inserting after the word “energy;” the following: “in the Civil Aeronautics Authority where applicable to air carriers and foreign air carriers subject to the Civil Aeronautics Act of 1938;” and by inserting after the word “commission” wherever it appears in that section a comma and the word “authority,”.
(h)*Ante*, p. 270. The Department of Commerce Appropriation Act, 1939, is amended by striking out the words “Secretary of Commerce”, wherever they appear in the second paragraph under the heading “Bureau of Air Commerce”, and inserting in lieu thereof the words “Administrator in the Civil Aeronautics Authority, with the approval of the Civil Aeronautics Authority”.
(i)The Air Commerce Act of 1926, as amended, is further amended—
(1)[44 Stat. 568](/us/stat/44/568).[49 U. S. C. §§ 171–184](/us/usc/t49/s171/184). By striking out the words “Secretary of Commercee” wherever they appear (except in section 7 and section 11 (a), (b), and (c)) and inserting in lieu thereof in section 6
(c)and section 10 the words “Civil Aeronautics Authority” and in sections 5 (f), 9 (j), and 11
(e)the words “Administrator in the Civil Aeronautics Authority”.
(2)By inserting after the word “Act” in the first line of subsection
(f)of section 5 the words “or the Civil Aeronautics Act of 1938”.
(3)Exclusive sovereignty in air space. By striking out the first sentence of section 6 and inserting in lieu thereof the following: “The United States of America is hereby declared to possess and exercise complete and exclusive national sovereignty in the air space above the United States, including the air space above all inland waters and the air space 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.”
(4)By striking out so much of subsection
(b)of section 6 as reads “; and if so authorized, such aircraft and airmen serving in connection therewith, shall be subject to the requirements of section 3, unless exempt under subdivision
(c)of this section”.
(5)By striking out so much of subsection
(c)of section 6 as reads and may by regulation exempt such aircraft, and/or airmen serving in connection therewith, from the requirements of section 3, other than the air traffic rules; but no foreign aircraft shall engage in interstate or intrastate air commerce.”, and by inserting in lieu thereof a period and the following: “No foreign aircraft shall engage in air commerce otherwise than between any State, Territory, or possession of the United States (including the Philippine Island's) or the District of Columbia, and a foreign country”.
(6)By striking out “51 per centum” in subsection
(a)of section 9 thereof and inserting in lieu thereof “75 per centum”.
(7)By inserting after the word “Act” in subsection
(f)of section 9 the words “or the Civil Aeronautics Act of 1938”.
(8)By striking out so much of section 10 as reads “under section three”. 52 Stat. 1029
(9)By striking out so much of subsection
(b)of section 11 as reads “any provision of subdivision
(a)of this section or any entry or clearance regulation made under section 7 (b)” and inserting in lieu thereof “any entry or clearance regulation made under section 7 (c)”.
(j)Section 203
(b)of the Motor Carrier Act, 1935, is amended by[49 Stat. 545](/us/stat/49/545).[49 U. S. C., Supp. III, § 303(b)](/us/usc/t49/s303/b). inserting after the words “(7) motor vehicles used exclusively in the distribution of newspapers” a semicolon and the following: “or
(7a)the transportation of persons or property by motor vehicle when incidental to transportation by aircraft”.
(k)Sections 2
(2)and (3), 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21, and so much of section 8 as reads “; and any person not ineligible under the terms of this Act who qualified under the other requirements of this Act, shall be eligible to contract for carrying air mail, notwithstanding the provisions of section 3950 of[R. S. § 3950](/us/rs/3950).[39 U. S. C. § 432](/us/usc/t39/s432).[48 Stat. 933](/us/stat/48/933); *ante*, pp. 6, 219.[39 U. S. C., ch. 13; Supp. III, ch. 13](/us/usc/t39/s13).[48 Stat. 1243](/us/stat/48/1243).[39 U. S. C. §§ 469a, 469m; Supp. III, §§ 469a, 469m](/us/usc/t39/s469a/469m).[45 Stat. 248](/us/stat/45/248).[39 U. S. C. §§ 465a, 465b](/us/usc/t39/s465a/465b).[44 Stat. 568](/us/stat/44/568).[49 U. S. C. ch. 6](/us/usc/t49/s6). the Revised Statutes (Act of June 8, 1872)”, of the Act of June 12, 1934, as amended (48 Stat. 933); the joint resolution of June 26, 1934 (48 Stat. 1243); the Act of March 8, 1928 (45 Stat. 248), as amended; sections 2, 3, and 3a, subsections (a), (b), (e), and
(g)of section 5, the second sentence of section 8, and paragraphs (2), (3), (4), and
(5)of subsection
(a)of section 11 of the Air Commerce Act of 1926. as amended (44 Stat. 568; U. S. C., 1934 ed., title 49, sec. 177); and all other Acts or parts of Acts inconsistent with any provision of this Act are hereby repealed. effect of transfers, repeals, and amendmentsEffect of transfers, repeals, and amendments. Effectiveness of Existing Orders, Regulations, and So Forth Sec. 1108.
(a)All orders, determinations, rules, regulations, permits,Effectiveness of existing orders, regulations, etc. contracts, certificates, licenses, and privileges which have been issued, made, or granted by the Interstate Commerce Commission, the Department of Commerce, or the Postmaster General, or any court of competent jurisdiction, under any provision of law repealed or amended by this Act, or in the exercise of duties, powers, or functions transferred to the Authority by this Act, and which are in effect at the time this section takes effect, shall continue in effect until modified, terminated, superseded, set aside, or repealed by the Authority, or by any court of competent jurisdiction, or by operation of law. Pending Administrative Proceedings
(b)The provisions of this Act shall not affect any proceedingsPending administrative proceedings. pending before the Secretary of Commerce or the Postmaster General, or proceedings pending before the Interstate Commerce Commission for the determination of rates for the transportation of air mail by aircraft, on the date of the enactment of this Act; but any such proceedings shall be continued, orders therein issued, appeals therefrom taken, and payments made by the Postmaster General pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or repealed by the Authority or by operation of law; *Provided*, That the rates determined by the Interstate Commerce Commission*Proviso*.Provision disregarded in determining rates.[48 Stat. 936](/us/stat/48/936).[39 U. S. C. § 469d; Supp. III, § 469d](/us/usc/t39/s469d). shall be determined without regard to that portion of section 6
(e)of the Air Mail Act approved June 12, 1934, which provides as follows: “which, in connection with the rates fixed by it for all other routes, shall be designed to keep the aggregate cost of the transportation of air mail on and after July 1, 1938, within the limits of the anticipated postal revenue therefrom”. 52 Stat. 1030 Pending Judicial Proceedings
(c)Pending judicial proceedings. The provisions of this Act shall not affect suits commenced prior to the date of the organization11So in original. of the Authority; and all such suits shall be continued, proceedings therein had, appeals therein taken, and judgments therein rendered, in the same manner and with the same effect as if this Act had not been passed. No suit, action, or other proceeding lawfully commenced by or against any agency or officer of the United States, in relation to the discharge of official duties, shall abate by reason of any transfer of authority, power, or duties from such agency or officer to the Authority under the provisions of this Act, but the court, upon motion or supplemental petition filed at any time within twelve months after such transfer, showing the necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the Authority. Records Transferred to Authority
(d)Records transferred to Authority. All records transferred to the Authority under this Act shall be available for use by the Authority to the same extent as if such records were originally records of the Authority. separability Sec. 1109. Separability of provisions. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. effective date Sec. 1110. Effective date.*Ante*, pp. 980, 1001. The provisions of this Act, except this section, title II, and section 408, shall become effective sixty days after enactment: *Proviso*.Postponement. *Provided*, That the Authority shall, if it finds such action necessary or desirable in the public interest, by general or special order, postpone the effective date of any provision of this Act, except this section, title II, and section 408, to such time as the Authority shall prescribe, but not beyond the one hundred and eightieth day following the enactment of this Act. Approved, June 23, 1938. To authorize the Secretary of War to transfer to the Government of Puerto Rico certain real estate of the War Department. 1938-06-23 602 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 52 Stat. 1030 75 3 public [CHAPTER 602] AN ACT To authorize the Secretary of War to transfer to the Government of Puerto Rico certain real estate of the War Department. June 23, 1938[[H. R. 7693](/us/bill/75/hr/7693)][[Public, No. 707](/us/pl/75/707)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Puerto Rico.Transfer of certain real estate of War Department to Government of. That the Secretary of War be, and he is hereby, authorized and directed to transfer to the Government of Puerto Rico portions of lands indicated as “lots 75, 38, 45, and 46” of map entitled “Military Reservation of San Juan, Puerto Rico”, prepared by Colonel George L. Byroade, May 5, 1934, as filed in the office of the Quartermaster General, War Department, Washington, District of Columbia, more particularly described as follows: Description. Lot 75: All that parcel of land marked with “No. 75” on the official map of the Military Reservation of San Juan, Puerto Rico, dated May 5, 1934, compiled by order of Colonel George L. Byroade,52 Stat. 1031 Sixty-fifth Infantry, lying south of the Salvador Brau Boulevard and north of the line of the military reservation comprised between corners numbered 62 and 61, more particularly described as follows: Beginning at the point situated along course numbered 62 to 61 of the military reservation at San Juan, Puerto Rico, and at a distance of nineteen and forty-two one-hundredths meters (sixty-three and seven-tenths feet), and north seventy-six degrees thirty-seven minutes west from point numbered 62 (point numbered 1 of the map); thence along said course numbered 62 to 61 north seventy-six degrees thirty-seven minutes west, a distance of ninety-nine and sixty one- hundredths meters (three hundred and twenty-six and seven-tenths feet) to point numbered 2; thence along the south side of Salvador Brau Boulevard north seventy-six degrees twenty-two minutes thirty seconds east, distance one and two one-hundredths meters (three and three-tenths feet) to corner numbered 3; thence south seventy-nine degrees fifty-five minutes twenty seconds east, distance sixty-five and seventy-seven one-hundredths meters (two hundred and fifteen and seven-tenths feet) to corner numbered 4; thence south seventy-six degrees seventeen minutes ten seconds east and distance seven and seventy-six one-hundredths meters (twenty-five and five-tenths feet) to corner numbered 5; thence south seventy-two degrees nine minutes ten seconds east and distance five and fifty-five one-hundredths meters (eighteen and two-tenths feet) to corner numbered 6; thence south sixty-six degrees thirty-nine minutes thirty seconds east and distance thirteen and sixty one-hundredths meters (forty-four and six-tenths feet) to corner numbered 6; thence south sixty-three degrees forty-nine minutes forty seconds east and distance six and fifty-one one-hundredths meters (twenty-one and four-tenths feet) to point numbered 1 of departure. Contains an area of two hundred and fifty and forty one-hundredths square meters, equal to two thousand six hundred and ninety-five and thirty one-hundredths square feet. Lot 38: All that parcel of land of triangular shape marked with “No. 38” on the official map of the Military Reservation of San Juan, Puerto Rico, dated May 5, 1934, compiled by order of Colonel George L. Byroade, Sixty-fifth Infantry, located south of Salvador Brau Boulevard and to the north of course numbered 66 to 67 of the main military reservation; more particularly described as follows: Beginning at point numbered 11 in the course numbered 66–67 of said main reservation, San Juan, Puerto Rico, distant one hundred and fifty and thirty-six one-hundredths meters (four hundred and ninety-three and two-tenths feet) from corner numbered 67: thence along said course numbered 66–67 south eighty-six degrees seven minutes west thirty-nine and sixty-five one-hundredths meters (one hundred and thirty and one-tenth feet) to point numbered 11; thence along the south side of Salvador Brau Boulevard north seventy-two degrees fifty-three minutes ten seconds east forty and seventy-nine one-hundredths meters (one hundred and thirty-three and eight-tenths feet) to point numbered 12 in course numbered 10–11 of the parcel of land transferred to the people of Puerto Rico by proclamation of the President dated November 17, 1911; thence along said course numbered 10–11 south three degrees fifty-three minutes east nine and fifty-nine one-hundredths meters (thirty-one and five-tenths feet) to point numbered 11 of departure. Contains an area of one hundred and ninety and twelve one-hundredths square meters equal to two thousand forty-six and forty-five one-hundredths square feet. Lot 45: All that parcel of land of triangular shape marked with “No. 45” on the official plan of the Military Reservation of San Juan, Puerto Rico, dated May 5, 1934, compiled by order of Colonel George L. Byroade, Sixty-fifth Infantry, situated south of Salvador Brau52 Stat. 1032 Boulevard and to the north of courses numbered 74–73, 73–72 of said military reservation, more particularly described as follows: Beginning at corner numbered 73 of said main military reservation and along course numbered 73–72 north fifty-five degrees west one hundred and two and ninety-five one-hundredths meters (three hundred and thirty-seven and seven-tenths feet) to point numbered 13; thence along the south side of Salvador Brau Boulevard south sixty-three degrees three minutes thirty seconds east one hundred and forty-seven and seventy-two one-hundredths meters (four hundred and eighty-four and five-tenths feet) to point numbered 14, situated in course numbered 73–74 of said main reservation and at a distance of twenty-four and ninety one-hundredths meters (eighty hundred and seventeen feet) from corner numbered 74; thence along said course numbered 74–73 bordering an old masonry wall north seventy-eight degrees fifty-five minutes west forty-seven and forty one-hundredths meters (one hundred and fifty-five and five-tenths feet) to corner numbered 73 or point of departure. Contains an area of nine hundred and fifty-six and sixty-one one-hundredths square meters, equal to ten thousand two hundred and ninety-six and ninety-five one-hundredths square feet. Lot 46: All that parcel of land of triangular shape marked with “No. 46” in the official plan of the Military Reservation of San Juan, Puerto Rico, compiled by order of Colonel George L, Byroade, Sixty-fifth Infantry, situated to the south of Salvador Brau Boulevard and to the north of course numbered 76–75 of said main military reservation more particularly described as follows: Beginning at corner numbered 76 of said main military reservation thence along course numbered 76–75, north eighty-eight degrees fifty minutes west fifteen and sixty one-hundredths meters (fifty-one and two-tenths feet) to point numbered 15; thence along south side of Salvador Brau Boulevard north seventy-two degrees one minute and thirty seconds east five and ninety-three one-hundredths meters (nine-teen and five-tenths feet) to point numbered 16; thence north fifty-seven degrees fifty-five minutes and thirty seconds east four and forty-three one-hundredths meters (fourteen and five-tenths feet) to point numbered 17; thence north fifty-four degrees thirty-six minutes and twenty seconds east four and sixty-six one-hundredths meters (fifteen and three-tenths feet) to point numbered 18; thence north forty-three degrees fifty-five minutes and twenty seconds east four and eighty-nine one-hundredths meters (sixteen feet) to point numbered 19; in the prolongation toward the north of course numbered 77–76 of said main military reservation; thence along said prolongation of course numbered 77–76 bordering the parcel of land occupied by the United States Navy Radio Station south five degrees sixteen minutes west a distance of ten and seventy-seven one-hundredths meters (thirty-five and three-tenths feet) to corner numbered 76 or point of departure. Contains an area of sixty-four and twenty-four one-hundredths square meters equal to six hundred *Proviso*.Deviations in descriptions authorized.ninety-one and forty-eight one-hundredths square feet: *Provided*, That the Secretary of War is authorized to make such deviations in the descriptions of the lands involved as may be necessary to carry out the purpose and intent of this Act. Approved, June 23, 1938. To provide for the leasing of State, county, and privately owned lands for the purpose of furthering the orderly use, improvement, and development of grazing districts. 1938-06-23 603 Chapter 52 Stat. 1033 75 3 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 public 52 Stat. 1033 [CHAPTER 603] AN ACT To provide for the leasing of State, county, and privately owned lands for the purpose of furthering the orderly use, improvement, and development of grazing districts. June 23, 1938[[H. R. 7874](/us/bill/75/hr/7874)][
Connections2 cite this · traces to 19
Cited by 2 sections
Traces to 19 documents
statutes-at-large
60 references not yet in our index
  • 52 Stat. 975
  • 52 Stat. 976
  • 52 Stat. 977
  • 52 Stat. 978
  • 52 Stat. 980
  • 52 Stat. 982
  • 5 USC 661–674
  • 49 USC 171–184
  • 49 Stat. 614
  • 39 USC 463
  • 52 Stat. 985
  • 52 Stat. 986
  • 52 Stat. 988
  • 52 Stat. 990
  • 49 Stat. 1189
  • 44 Stat. 572
  • 49 USC 176
  • 52 Stat. 992
  • 39 USC 465a
  • 52 Stat. 997
  • 52 Stat. 999
  • 24 Stat. 380
  • 48 Stat. 218
  • 52 Stat. 1004
  • 52 Stat. 1005
  • 52 Stat. 1006
  • 52 Stat. 1007
  • 52 Stat. 1009
  • 52 Stat. 1011
  • 52 Stat. 1012
  • 52 Stat. 1014
  • 44 Stat. 574
  • 49 USC 181
  • 52 Stat. 1016
  • 52 Stat. 1019
  • 52 Stat. 1021
  • 52 Stat. 1022
  • 52 Stat. 1023
  • 52 Stat. 1024
  • 28 USC 346
+ 20 more
Citation graph
cites case law
Public Law 707
Stat.×2
Stat.Public Law 707
Stat.Chapter 341
Stat.Public Law 271
Stat.Chapter 151
U.S.C.§ 5
Stat.Public Law 395
U.S.C.§ 12
Stat.Public Law 459
Stat.Chapter 104
Stat.52 Stat. 975
Stat.52 Stat. 976
Stat.52 Stat. 977
Cites 79 · showing 12Cited by 2 across 1 source
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.