49 Usc 40113

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC40113]

TITLE 49--TRANSPORTATION

SUBTITLE VII--AVIATION PROGRAMS

PART A--AIR COMMERCE AND SAFETY

subpart i--general

CHAPTER 401--GENERAL PROVISIONS

Sec. 40113. Administrative

(a) General Authority.--The Secretary of Transportation (or the
Under Secretary of Transportation for Security with respect to security
duties and powers designated to be carried out by the Under 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 take action the Secretary, Under Secretary, or
Administrator, 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 Under Secretary of Transportation for
Security or the Administrator of the Federal Aviation Administration may
indemnify an officer or employee of the Transportation Security
Administration or Federal Aviation Administration, as the case may be,
against a claim or judgment arising out of an act that the Under
Secretary or Administrator, as the case may be, 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 with or without
reimbursement, if the Administrator determines that providing such
services promotes aviation safety. 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.
(3) Crediting appropriations.--Funds received by the
Administrator pursuant to this section shall be credited to the
appropriation from which the expenses were incurred in providing
such services.
(4) Reporting.--Not later than December 31, 1995, and annually
thereafter, the Administrator shall transmit to Congress a list of
the foreign aviation authorities to which the Administrator provided
services under this subsection in the preceding fiscal year. Such
list shall specify the dollar value of such services and any
reimbursement received for such services.

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

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1110; Pub. L. 103-
305, title II, Sec. 202, Aug. 23, 1994, 108 Stat. 1582; Pub. L. 106-181,
title I, Sec. 156(a), Apr. 5, 2000, 114 Stat. 89; Pub. L. 107-71, title
I, Sec. 140(c), Nov. 19, 2001, 115 Stat. 641.)

Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40113(a).............................. 49 App.:1324(a). Aug. 23, 1958, Pub. L. 85-726, Secs.
204(a), 313(a), 72 Stat. 743, 752.
49 App.:1354(a).
49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 1601(b)(1)(E); added Oct.
4, 1984, Pub. L. 98-443, Sec. 3(e),
98 Stat. 1704.
49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89-670, Sec.
6(c)(1), 80 Stat. 938; Jan. 12, 1983,
Pub. L. 97-449, Sec. 7(b), 96 Stat.
2444.
40113(b).............................. 49 App.:1472(h)(1), (3). Aug. 23, 1958, Pub. L. 85-726, Sec.
902(h)(1), (3), 72 Stat. 785; restated
Jan. 3, 1975, Pub. L. 93-633, Sec.
113(c), 88 Stat. 2162, 2163.
40113(c).............................. 49 App.:1505. Aug. 23, 1958, Pub. L. 85-726, Sec.
1105, 72 Stat. 798; Oct. 15, 1962,
Pub. L. 87-810, Sec. 3, 76 Stat. 921.
49 App.:1655(c)(1).
40113(d).............................. 49 App.:1354(e). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 313(e); added Dec. 30,
1987, Pub. L. 100-223, Sec. 205, 101
Stat. 1521.
----------------------------------------------------------------------------------------------------------------

In subsections (a), (c), and (d), the word ``Administrator'' in
sections 313(a) and (e) and 1105 of the Federal Aviation Act of 1958
(Public Law 85-726, 72 Stat. 752, 798) is retained on authority of
49:106(g).
Subsection (a) is substituted for 49 App.:1324(a) and 1354(a) to
eliminate unnecessary words. The word ``standards'' is added for
consistency.
In subsection (b), the words ``his responsibilities under'' and
``safe'' are omitted as surplus.
In subsection (c), the words ``department, agency, and
instrumentality'' are substituted for ``agency'' and ``governmental
agency'' for consistency in the revised title and with other titles of
the United States Code. The text of 49 App.:1505 (2d, 3d sentences) is
omitted as superseded by 49 App.:1903(b), restated in sections 1105,
1110, and 1111 of the revised title. The word ``existing'' is omitted as
surplus.
In subsection (d), the text of 49 App.:1354(e) (last sentence) is
omitted because of 49:322(a).

Amendments

2001--Subsec. (a). Pub. L. 107-71, Sec. 140(c)(1), inserted ``the
Under Secretary of Transportation for Security with respect to security
duties and powers designated to be carried out by the Under Secretary
or'' before ``the Administrator of the Federal Aviation Administration''
and substituted ``, Under Secretary, or Administrator'' for ``or
Administrator''.
Subsec. (d). Pub. L. 107-71, Sec. 140(c)(2), inserted ``Under
Secretary of Transportation for Security or the'' after ``The'' and
substituted ``employee of the Transportation Security Administration or
Federal Aviation Administration, as the case may be,'' for ``employee of
the Administration'' and ``the Under Secretary or Administrator, as the
case may be, decides'' for ``the Administrator decides''.
2000--Subsec. (f). Pub. L. 106-181 added subsec. (f).
1994--Subsec. (e). Pub. L. 103-305 added subsec. (e).

Effective Date of 2000 Amendment

Amendment by Pub. L. 106-181 applicable only to fiscal years
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set
out as a note under section 106 of this title.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the
Transportation Security Administration of the Department of
Transportation, including the functions of the Secretary of
Transportation, and of the Under Secretary of Transportation for
Security, relating thereto, to the Secretary of Homeland Security, and
for treatment of related references, see sections 203(2), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

Administrative Services Franchise Fund

Pub. L. 104-205, title I, Sept. 30, 1996, 110 Stat. 2957, provided
in part that: ``There is hereby established in the Treasury a fund, to
be available without fiscal year limitation, for the costs of
capitalizing and operating such administrative services as the FAA
Administrator determines may be performed more advantageously as
centralized services, including accounting, international training,
payroll, travel, duplicating, multimedia and information technology
services: Provided, That any inventories, equipment, and other assets
pertaining to the services to be provided by such fund, either on hand
or on order, less the related liabilities or unpaid obligations, and any
appropriations made prior to the current year for the purpose of
providing capital shall be used to capitalize such fund: Provided
further, That such fund shall be paid in advance from funds available to
the FAA and other Federal agencies for which such centralized services
are performed, at rates which will return in full all expenses of
operation, including accrued leave, depreciation of fund plant and
equipment, amortization of Automated Data Processing (ADP) software and
systems (either required or donated), and an amount necessary to
maintain a reasonable operating reserve, as determined by the FAA
Administrator: Provided further, That such fund shall provide services
on a competitive basis: Provided further, That an amount not to exceed
four percent of the total annual income to such fund may be retained in
the fund for fiscal year 1997 and each year thereafter, to remain
available until expended, to be used for the acquisition of capital
equipment and for the improvement and implementation of FAA financial
management, ADP, and support systems: Provided further, That no later
than thirty days after the end of each fiscal year, amounts in excess of
this reserve limitation shall be transferred to miscellaneous receipts
in the Treasury.''

Aircraft Purchase Loan Guarantee Program

Pub. L. 106-69, title III, Sec. 337, Oct. 9, 1999, 113 Stat. 1022,
which provided that none of the funds in Pub. L. 106-69 were to be
available for activities under the Aircraft Purchase Loan Guarantee
Program during fiscal year 2000, was from the Department of
Transportation and Related Agencies Appropriations Act, 2000, and was
not repeated in subsequent appropriations acts. Similar provisions were
contained in the following prior appropriation acts:
Pub. L. 105-277, div. A, Sec. 101(g) [title I], Oct. 21, 1998, 112
Stat. 2681-439, 2681-446.
Pub. L. 105-66, title I, Oct. 27, 1997, 111 Stat. 1431.
Pub. L. 104-205, title I, Sept. 30, 1996, 110 Stat. 2957.
Pub. L. 104-50, title I, Nov. 15, 1995, 109 Stat. 442.
Pub. L. 103-331, title I, Sept. 30, 1994, 108 Stat. 2476.
Pub. L. 103-122, title I, Oct. 27, 1993, 107 Stat. 1205.
Pub. L. 102-388, title I, Oct. 6, 1992, 106 Stat. 1527.
Pub. L. 102-143, title I, Oct. 28, 1991, 105 Stat. 924.
Pub. L. 101-516, title I, Nov. 5, 1990, 104 Stat. 2161.
Pub. L. 101-164, title I, Nov. 21, 1989, 103 Stat. 1076.
Pub. L. 100-457, title I, Sept. 30, 1988, 102 Stat. 2131.
Pub. L. 100-202, Sec. 101(l) [title I], Dec. 22, 1987, 101 Stat.
1329-358, 1329-363.
Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I], Oct. 18, 1986, 100
Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l) [H.R. 5205, title I],
Oct. 30, 1986, 100 Stat. 3341-308.
Pub. L. 99-190, Sec. 101(e) [title I], Dec. 19, 1985, 99 Stat. 1267,
1273.
Pub. L. 98-473, title I, Sec. 3101(i) [title I], Oct. 12, 1984, 98
Stat. 1944, 1950.
Pub. L. 98-78, title I, Aug. 15, 1983, 97 Stat. 458.
Pub. L. 98-63, title I, July 30, 1983, 97 Stat. 339.

Section Referred to in Other Sections

This section is referred to in sections 106, 46102 of this title.