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49 U.S.C. § 40113 — Administrative

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 852 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation and FAA and TSA administrators can investigate, make rules, and issue orders. They regulate hazardous materials in air transport, but not personal firearms or ammunition. They can also indemnify FAA employees and give paid or unpaid training help to foreign aviation authorities.

(a) General Authority. The Secretary of Transportation (or the TSA Administrator for security duties, or the FAA Administrator for aviation-safety duties assigned to that office) can do what's needed to carry out this part — including investigating, writing regulations, standards, and procedures, and issuing orders.

(b) Hazardous Material. The Secretary can regulate hazardous materials carried by air the same way as under section 5103 of this title. But this doesn't let the Secretary block or regulate a firearm (as defined in title 18) or its ammunition when an individual is carrying it for personal use.

(c) Governmental Assistance. The Secretary (or the FAA Administrator for assigned safety duties) can get help from NASA and other federal research or technical agencies on matters like aircraft fuel, oil, design, materials, construction, performance, maintenance, and operation of aircraft, engines, propellers, equipment, and navigation facilities. Those agencies can do the scientific and technical research needed to help. This part doesn't let anyone duplicate another agency's existing lab research.

(d) Indemnification. The FAA Administrator can protect (indemnify) an FAA officer or employee against a claim or judgment coming from an act the Administrator decides was within that person's official duties.

(e) Assistance to Foreign Aviation Authorities. (1) The Administrator may give safety-related training and operational services to foreign aviation authorities, with or without payment, if doing so helps aviation safety or efficiency; the Administrator can also give related technical assistance tied to agreements, and can compete for and contract to provide these services, generally using U.S. airlines for reimbursed travel. (2) The Administrator must actively try to get paid back by foreign authorities that can pay, and can accept that payment after the fact. (3) Money received this way gets credited to the current appropriation, merges into it, and stays available until spent. (4) Congress authorized $5,000,000 per year for fiscal years 2021 through 2023 for this work, staying available until spent. (6) Even without a bilateral or multilateral agreement, the Administrator can give technical assistance and training if the Administrator decides (A) a foreign government would benefit from it to strengthen aviation safety, efficiency, and security, and (B) the help is "inherently governmental" in nature. (7) "Inherently governmental technical assistance and training" means help that (A) draws on FAA-specific programs, systems, policies, or procedures, (B) needs the agency's own expertise and authority, and (C) covers things like international safety-assessment reviews, aerodrome safety and certification, aviation-system certification, cybersecurity for U.S. aviation, air-navigation-system operation and maintenance, or aviation safety and security training exercises.

(f) Application of Certain Regulations to Alaska. When changing federal aviation rules (title 14 of the Code of Federal Regulations) in ways that affect flying within Alaska, the FAA Administrator must consider how much Alaska depends on aviation instead of other transportation, and set whatever special rules the Administrator thinks are appropriate.

the actual law source: uscode.house.gov ↗public domain
(a)General Authority.—

The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by that Administrator) may take action the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate, considers necessary to carry out this part, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders.

(b)Hazardous Material.—

In carrying out this part, the Secretary has the same authority to regulate the transportation of hazardous material by air that the Secretary has under section 5103 of this title. However, this subsection does not prohibit or regulate the transportation of a firearm (as defined in section 232 of title 18) or ammunition for a firearm, when transported by an individual for personal use.

(c)Governmental Assistance.—

The Secretary (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may use the assistance of the Administrator of the National Aeronautics and Space Administration and any research or technical department, agency, or instrumentality of the United States Government on matters related to aircraft fuel and oil, and to the design, material, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances, and air navigation facilities. Each department, agency, and instrumentality may conduct scientific and technical research, investigations, and tests necessary to assist the Secretary or Administrator of the Federal Aviation Administration in carrying out this part. This part does not authorize duplicating laboratory research activities of a department, agency, or instrumentality.

(d)Indemnification.—

The Administrator of the Federal Aviation Administration may indemnify an officer or employee of the Federal Aviation Administration against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer or employee.

(e)Assistance to Foreign Aviation Authorities.—
(1)Safety-related training and operational services.—

The Administrator may provide safety-related training and operational services to foreign aviation authorities (whether public or private) with or without reimbursement, if the Administrator determines that providing such services promotes aviation safety or efficiency. The Administrator may also provide technical assistance related to all aviation safety-related training and operational services in connection with bilateral and multilateral agreements, including further bolstering the components of airmanship. The Administrator is authorized to participate in, and submit offers in response to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services consistent with section 106(l)(6). To the extent practicable, air travel reimbursed under this subsection shall be conducted on United States air carriers.

(2)Reimbursement sought.—

The Administrator shall actively seek reimbursement for services provided under this subsection from foreign aviation authorities capable of providing such reimbursement. The Administrator is authorized, notwithstanding any other provision of law or policy, to accept payments for services provided under this subsection in arrears.

(3)Crediting appropriations.—

Funds received by the Administrator pursuant to this section shall—

(A)

be credited to the appropriation current when the amount is received;

(B)

be merged with and available for the purposes of such appropriation; and

(C)

remain available until expended.

(4)Authorization of appropriations.—

There is authorized to be appropriated to the Administrator, $5,000,000 for each of fiscal years 2021 through 2023, to carry out this subsection. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.

(6)1Technical assistance outside of agreements.—

In the absence of a bilateral or multilateral agreement, the Administrator may provide technical assistance and training under this subsection if the Administrator determines that—

(A)

a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, efficiency, and security; and

(B)

the engagement is to provide inherently governmental technical assistance and training.

(7)Inherently governmental technical assistance and training defined.—

In this subsection, the term “inherently governmental technical assistance and training” means technical assistance and training that—

(A)

relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters;

(B)

must be accomplished using agency expertise and authority; and

(C)

relates to—

(i)

international aviation safety assessment technical reviews and technical assistance;

(ii)

aerodrome safety and certification;

(iii)

aviation system certification activities based on Federal Aviation Administration regulations and requirements;

(iv)

cybersecurity efforts to protect United States aviation ecosystem components and facilities;

(v)

operation and maintenance of air navigation system equipment, procedures, and personnel; or

(vi)

training and exercises in support of aviation safety, efficiency, and security.

(f)Application of Certain Regulations to Alaska.—

In amending title 14, Code of Federal Regulations, in a manner affecting intrastate aviation in Alaska, the Administrator of the Federal Aviation Administration shall consider the extent to which Alaska is not served by transportation modes other than aviation, and shall establish such regulatory distinctions as the Administrator considers appropriate.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1110; Pub. L. 103–305, title II, § 202, Aug. 23, 1994, 108 Stat. 1582; Pub. L. 106–181, title I, § 156(a), Apr. 5, 2000, 114 Stat. 89; Pub. L. 107–71, title I, § 140(c), Nov. 19, 2001, 115 Stat. 641; Pub. L. 112–95, title II, § 207, Feb. 14, 2012, 126 Stat. 39; Pub. L. 115–254, div. K, title I, § 1991(c)(2), Oct. 5, 2018, 132 Stat. 3627; Pub. L. 116–260, div. V, title I, § 119(g), Dec. 27, 2020, 134 Stat. 2342; Pub. L. 118–63, title II, § 218(c), title III, § 358(c)(2), May 16, 2024, 138 Stat. 1055, 1117.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1110
  • 1994Amended · Pub. L. 103-305 · 108 Stat. 1582
  • 2000Amended · Pub. L. 106-181 · 114 Stat. 89
  • 2001Amended · Pub. L. 107-71 · 115 Stat. 641
  • 2012Amended · Pub. L. 112-95 · 126 Stat. 39
  • 2018Amended · Pub. L. 115-254 · 132 Stat. 3627
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2342
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1055, 1117

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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