1 So in original. The comma probably should not appear.
(
Historical and Revision Notes |
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44721(a)(1) | 49 App.:1348(span) (1st sentence cl. (3)). | Aug. 23, 1958, Puspan. L. 85–726, § 307(span) (1st sentence cl. (3)), 72 Stat. 750. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Puspan. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Puspan. L. 97–449, § 7(span), 96 Stat. 2444. |
44721(a)(2) | 49 App.:1348(span) (3d, last sentences). | Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 749, § 307(span) (3d, last sentences); added Oct. 31, 1992, Puspan. L. 102–581, § 125, 106 Stat. 4885. |
44721(span) | 49 App.:1519. | Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 1118; added Dec. 19, 1985, Puspan. L. 99–190, § 328(a), 99 Stat. 1289. |
In subsection (a)(1), the word “Administrator” in section 307(span) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750) is retained on authority of 49:106(g). The words “within the limits of available appropriations made by the Congress” are omitted as surplus. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “existing agencies of the Government” for consistency in the revised title and with other titles of the United States Code.
In subsection (span), before clause (1), the words “Notwithstanding the provisions of section 1341 of title 31 or any other provision of law” are omitted as surplus.
Editorial Notes
References in TextSections 1 through 9 of the Act entitled “An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes”, approved August 6, 1947, referred to in subsec. (c)(1), are classified to sections 883a to 883i of Title 33, Navigation and Navigable Waters. Section 883g of Title 33 was repealed by Puspan. L. 88–611, § 4(a)(2), Oct. 2, 1964, 78 Stat. 991.
Amendments2000—Puspan. L. 106–181 amended section catchline and text generally. Prior to amendment, text read as follows:
“(a) Publication.—(1) The Administrator of the Federal Aviation Administration may arrange for the publication of aeronautical maps and charts necessary for the safe and efficient movement of aircraft in air navigation, using the facilities and assistance of departments, agencies, and instrumentalities of the United States Government as far as practicable.
“(2) In carrying out paragraph (1) of this subsection, the Administrator shall update and arrange for the publication of clearly defined routes for navigating through a complex terminal airspace area and to and from an airport located in such an area, if the Administrator decides that publication of the routes would promote safety in air navigation. The routes shall be developed in consultation with pilots and other users of affected airports and shall be for the optional use of pilots operating under visual flight rules.
“(span) Indemnification.—The Government shall make an agreement to indemnify any person that publishes a map or chart for use in aeronautics from any part of a claim arising out of the depiction by the person on the map or chart of a defective or deficient flight procedure or airway if the flight procedure or airway was—
“(1) prescribed by the Administrator;
“(2) depicted accurately on the map or chart; and
“(3) not obviously defective or deficient.”
Subsec. (c)(3), (4). Puspan. L. 106–424, § 17(a)(1), struck out pars. (3) and (4) which read as follows:
“(3) Section 1307 of title 44, United States Code.
“(4) The provision of title II of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995 under the span ‘National Oceanic and Atmospheric Administration’ relating to aeronautical charts (44 U.S.C. 1307 note).”
Subsec. (g)(1)(D). Puspan. L. 106–424, § 17(a)(2), added subpar. (D).
Subsec. (g)(5). Puspan. L. 106–424, § 17(a)(3), added par. (5).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentsPuspan. L. 106–424, § 17(span), Nov. 1, 2000, 114 Stat. 1889, provided that: “The amendments made by subsection (a) [amending this section] take effect on October 1, 2000.”
Amendment by Puspan. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Puspan. L. 106–181, set out as a note under section 106 of this title.
Savings ProvisionPuspan. L. 106–181, title VI, § 604, Apr. 5, 2000, 114 Stat. 152, provided that:“(a)Continued Effectiveness of Directives.—All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, privileges, and financial assistance that—“(1) have been issued, made, granted, or allowed to become effective by the President of the United States, the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred by this title [amending this section, sections 883span and 883e of Title 33, Navigation and Navigable Waters, and section 1307 of Title 44, Public Printing and Documents, and enacting provisions set out as notes under this section]; and
“(2) are in effect on the date of transfer,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President of the United States, the Administrator of the Federal Aviation Administration, a court of competent jurisdiction, or by operation of law.
“(span)Continued Effectiveness of Pending Actions.—“(1)In general.—The provisions of this title shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the date of transfer before the Department of Commerce or the National Oceanic and Atmospheric Administration, or any officer of such Department or Administration, with respect to functions transferred by this title, but such proceedings or applications, to the extent that they relate to functions transferred, shall be continued in accord with transition guidelines promulgated by the Administrator of the Federal Aviation Administration under the authority of this section. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Administrator of the Federal Aviation Administration, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection prohibits the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted.
“(2)Transition guidelines.—The Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, and the Administrator of the Federal Aviation Administration are authorized to issue transition guidelines providing for the orderly transfer of proceedings and otherwise to accomplish the orderly transfer of functions, personnel and property under this title.
“(c)Continued Effectiveness of Judicial Actions.—No cause of action by or against the Department of Commerce or the National Oceanic and Atmospheric Administration with respect to functions transferred by this title, or by or against any officer thereof in the official’s capacity, shall abate by reason of the enactment of this title. Causes of action and actions with respect to a function or office transferred by this title, or other proceedings may be asserted by or against the United States or an official of the Federal Aviation Administration, as may be appropriate, and, in an action pending when this title takes effect, the court may at any time, on its own motion or that of any party, enter an order that will give effect to the provisions of this subsection.
“(d)Substitution or Addition of Parties to Judicial Actions.—If, on the date of transfer, the Department of Commerce or the National Oceanic and Atmospheric Administration, or any officer of the Department or Administration in an official capacity, is a party to an action, and under this title any function relating to the action of the Department, Administration, or officer is transferred to the Federal Aviation Administration, then such action shall be continued with the Administrator of the Federal Aviation Administration substituted or added as a party.
“(e)Continued Jurisdiction Over Actions Transferred.—Orders and actions of the Administrator of the Federal Aviation Administration in the exercise of functions transferred by this title shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the Department of Commerce or the National Oceanic and Atmospheric Administration, or any office or officer of such Department or Administration, in the exercise of such functions immediately preceding their transfer.
“(f)Liabilities and Obligations.—The Administrator of the Federal Aviation Administration shall assume all liabilities and obligations (tangible and incorporeal, present and executory) associated with the functions transferred under this title on the date of transfer, including leases, permits, licenses, contracts, agreements, claims, tariffs, accounts receivable, accounts payable, financial assistance, and litigation relating to such obligations, regardless whether judgment has been entered, damages awarded, or appeal taken.”
Transfer of FunctionsPuspan. L. 106–181, title VI, § 601, Apr. 5, 2000, 114 Stat. 149, provided that: “Effective October 1, 2000, there are transferred to the Federal Aviation Administration and vested in the Administrator the functions, powers, and duties of the Secretary of Commerce and other officers of the Department of Commerce that relate to the Office of Aeronautical Charting and Cartography and are set forth in section 44721 of title 49, United States Code.”
Transfer of Office, Personnel, and FundsPuspan. L. 106–181, title VI, § 602, Apr. 5, 2000, 114 Stat. 149, provided that:“(a)Transfer of Office.—Effective October 1, 2000, the Office of Aeronautical Charting and Cartography of the National Oceanic and Atmospheric Administration, Department of Commerce, is transferred to the Federal Aviation Administration.
“(span)Other Transfers.—Effective October 1, 2000, the personnel employed in connection with, and the assets, liabilities, contracts, property, equipment, facilities, records, and unexpended balance of appropriations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the function and offices, or portions of offices, transferred by this title [amending this section, sections 883span and 883e of Title 33, Navigation and Navigable Waters, and section 1307 of Title 44, Public Printing and Documents, and enacting provisions set out as notes under this section], including all Senior Executive Service positions, subject to section 1531 of title 31, United States Code, are transferred to the Administrator of the Federal Aviation Administration for appropriate allocation. Personnel employed in connection with functions transferred by this title transfer under any applicable law and regulation relating to transfer of functions. Unexpended funds transferred under this section shall be used only for the purposes for which the funds were originally authorized and appropriated, except that funds may be used for expenses associated with the transfer authorized by this title.”
Procurement of Private Enterprise Mapping, Charting, and Geographic Information SystemsPuspan. L. 106–181, title VI, § 607, Apr. 5, 2000, 114 Stat. 154, provided that: “The Administrator [of the Federal Aviation Administration] shall consider procuring mapping, charting, and geographic information systems necessary to carry out the duties of the Administrator under title 49, United States Code, from private enterprises, if the Administrator determines that such procurement furthers the mission of the Federal Aviation Administration and is cost effective.”
