§40113. Administrative

(a) General Authority.-The Secretary of Transportation (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 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 Administrator of the Federal Aviation Administration may indemnify an officer or employee of the 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 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.

( 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 .)

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, §§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 , §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704 .
	49 App.:1655(c)(1).	Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938 ; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444 .
40113(b)	49 App.:1472(h)(1), (3).	Aug. 23, 1958, Pub. L. 85–726, §902(h)(1), (3), 72 Stat. 785 ; restated Jan. 3, 1975, Pub. L. 93–633, §113(c), 88 Stat. 2162 , 2163.
40113(c)	49 App.:1505.	Aug. 23, 1958, Pub. L. 85–726, §1105, 72 Stat. 798 ; Oct. 15, 1962, Pub. L. 87–810, §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 , §313(e); added Dec. 30, 1987, Pub. L. 100–223, §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

1994-Subsec. (e). Pub. L. 103–305 added subsec. (e).

Aircraft Purchase Loan Guarantee Program

Pub. L. 103–331, title I, Sept. 30, 1994, 108 Stat. 2476 , provided in part that: "None of the funds in this Act [see Tables for classification] shall be available for activities under this head the obligations for which are in excess of $9,970,000 during fiscal year 1995." Similar provisions were contained in the following prior appropriation Acts, certain of which also authorized Secretary of Transportation to issue notes or other obligations to Secretary of the Treasury to pay any necessary expenses required pursuant to any guarantee issued under Public Law 85–307, as amended:

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, §101(l) [title I], Dec. 22, 1987, 101 Stat. 1329–358 , 1329-363.

Pub. L. 99–500, §101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 Stat. 1783–308 , and Pub. L. 99–591, §101(l) [H.R. 5205, title I], Oct. 30, 1986, 100 Stat. 3341–308 .

Pub. L. 99–190, §101(e) [title I], Dec. 19, 1985, 99 Stat. 1267 , 1273.

Pub. L. 98–473, title I, §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.