Page:United States Statutes at Large Volume 44 Part 1.djvu/2134

 §]73b MILE 4s.-TR; under this subdivision shall be known as airc1;aft—·o£ the United States. .‘ ·   . (b)‘ Rating of airerd{t_as to ai~rworthinese;_ baeie; reQ}·ating.-— Provide for the rating` of aircraft of the United States as to their airworthiness. Ae a` basis Ifor (ating, the Secreta‘ry' of Commerce--(1) may xfeqnire, before the granting of registration for any airefnft Bret applying. therefor more than eight months after the passage of this Act, .full‘ particulars of the design and 4 ot the calculations, npon which the design is based and of the materials and methods uaed in theeonstruction; 'and (2) may in his discretion accept in 'whole or in pag: the o repofts of properly qunllned persons employed by the manufacturers or owne,1‘e‘of· aircraft E and (3) may reqniife the periodic examination of aircraft in eenjviceland reports uponedeh exaxnin.ationby omcers or employees of the Depnrtment°o£ Commerce or by properly qunliiied private  The Secretary mny accept Yany such examination and report by such qualmed persons- in lien of examination by the employees of the Department `of_ Qomaaeree. '1‘11e,qunliHcntio11s_ of any- person for; the purposes of this_section`_shnll..be demonstrated nt a mmme;· specified by and satisfactory to the Secretnry.`_`The Secretary may, lfrom time to time, re-rate aircraft as .to their airworthlness upon the basis. of information obtained under this subdivision. . (C) `—Eraq;iuation and rating‘·0f ·ai:·njqe1a.e-Provide fof the tpperiedie examination and rating of ainnen serving in connection with aircraft of the Enited States as to their qualifications for suchservlce. ·` _ .` _' ., ·` _‘ . -(d) E'.mim·i·n¤tioi1 and rating of air navigation facil·£ties.-§- Provide for the examination and rating of ali: navigation·facilities available for the nee-of alrcraft of the `Unitetl Stntes as to their suitability for such use.;. . t- .` .` .· _ _ ‘ te) ,4i1·'tr¤§c_ruI»es.-Establish air triidic mles for the navigation, protection, and identiiicntion of aircraft,—including rules as to eafe altitudes of Bight and rules for the prevention of ’ collisions between vessels and aircraft. .‘ V A .. . ‘, _ (f ) Issuance, xuxpemion and revocation of ccrtijlcoles; · pro- _ eeawe in case of denial, ·euspen—trio·n· or revocation} hearing; enact of · decision.-¥—Provide for the issuance and ‘ expiration, and for the euspension ‘ and revocation, ot megstration, aircraft; and airman certiiicutee, and such other certincntes aethe Secretary of Commerce deems necessary in `administering the functions vested `ln him under this Act?. Within 20 days after notice that application for any certificate is denied or that it eertidente is suspended or revoked, the applicant orjholder may nie e written oreqneet wvith the Secretaiiy of Commerce ._ ton; a public hearing thereon. The Secretary upon receipt of the request shall foxjthwith- (1)- atgange tony n. public hearing~\tg)>e held within 20 days after: such receipt.-`ln·` such · place as the . Secretary deems most practicable and convenient in view of the place of residence of the applicant ot holder andthe place where evidence b€l1l;illg;0l} the cause 1'or the denial, suspension, or nevécatloii is meet readily obtainable, `and· (2).` give the applicant or holder `at lenst ten dnyel notice oi! the hearing, unless an eutliet heating ia consented to by him. Notice under this snbdivision may be served personnllyjnpon the applicant _or holder or sent him by registered mail. The SéCl"€t31’Y,_0§` nany oflicer onexnployee of the Depnrtmentof Commercedesig- . noted by hlxn in_wrltlng_fo1··tl1e purpose, indy hold any such hearing and for the‘pnr;>o:see_thereof administer oaths, examine ·witnessses, and ist<ne· stihptenas for' the nttendnfuce ond testimony of witnesées, or Zthe production `of booke; papers, docu- Jnents, and other evidence, or the taking of depositions.beforc{ only llesigmited individual competent to ndmlnistet oaths. Witt =nes=s~=es= summoned or whose depositions nre token ehnll receive the some fees and mileage ns witnesses in courts of the United States. gAll·evidence taken at the hearing shall be recorded =·‘f1flns Act ’* shooldbe translated "sectalqns-1*:1 to`184 ot this title ‘ol` the nppendixf . _ r ‘ ·· ‘ » ,

wspoamrzoy 2120 . and forwarded to the Secretary for decision in the matter robe rendered not later- than tent days after completion of the hear-· lng. .The decision ot the Smretary, if in accordance with law.: shall be tlnai. The denial, suspension, or revocation shall bo invalid unleas opportnuity for hearing is afforded, notice serv¢·d_ or sent, and decision rendered within the resgiectire times prescribed by this subdivision. (May 20, 1928, .c.' 344, § 3, 44 star. ooo.) ( · = · ‘ `_ · New section. See. note to $171 of this title of theappendlx. K 174. Airsfpace reservation¤.····'1`he President is anthorized ln provide by Executive order for theftaetting apart and the protecjtiou of &lI‘SD&b€•I€$€fV3tl0DS‘ in the UnitedStates for national defense or other governmental purposes and, in addition, `in the District of Columbia Stor- public safety pnrpom. The several States may set apart__ and provide for the protection et sary. airspace r` reservations in addition __to and not — in eonnict `either _ with airspace reservationa established by the President under this section orwith any civil or military airway designated under the provisions ot this_Act.* J (May 20, 1926, e. 344, _§4,44Stat.570.)` '_. » . _ Q- I I ‘ Neva! section. See note to   171 of thin title of the apgendix, -175. Aids to air n•vigation,——(a) Transfer of oineoyo, facilities, etc., "by Postagwster General; e.i·pe~nd»£t¤re_ of appropria-  tion.-—-Whenever gat} any time · the Postmaster General and the Secretary.ot_Co1nmerce_ by joint order so direct, the airways _ under the jurisdiction and control of the Postmaster General, · ' _ together with all emergency landing Holds and other air navigation facilities (eacept airports and terminal landing nelds) nséd in "connection°tl1erew·ith,'sl1all be transferred to thejnrisdiction _ and control of the Secretaryjo!   and the established . airports-ia·nd terminal landing Heldamay be transferred to the. jurisdiction and control of the. municipalities concerned "nnder arrangements subject to atimoval by the President.-f All noe:-— ,1 _ pended balances of appropriations which   available for and °' ssjhich'l*1aye been allotted for expenditnre npon ranch airways, emergency landing nelds, and "other air naviption facilities, except airports and terminal landing Held;. shall- thereupon be ·available·1'or expenditure under the direction of the Secretary, of Commerce, in lien- of the 'Pmtmaeter General, ‘tor` the poses for ‘ which such apfniopriations were `xnade. No port of suclrunexpendedl balanceslof appropriations shall be need for ` the purchase or establishment of airports or terminal landing ·Helds,_g . '· " _' ·"   ·`  (b) Eatahlishziacat of civil omrays and navigation facililiex: . publicatirm of maps; no c:écl_oa£ne right to be granted.-——='Fho Secretary of pommerce is authorized to dwignate and establish civil airways and, within the limits of ayailable appropriations hereafter made by the Congress, (1) to establish, operate, and maintain along such airways all necessary air na_yigation°facill-‘ · ties eaggt airports; and (2) to chart auch airwaya and arrange forpn cation of mam of such airways, .ntilizin"g the facilities and assistance of existing-agencies of the Government so far as practicable. _ The Secretary ot Commerce shall grant no exclu-_ sive right for the use of any--elwil airway, airnAir ) navigation ;faci·lities owned or operated   the United States `may* be made available for public use under such conditions and to such errno- as the head of the department or other gndepend; " ent establislnnent having jurisdiction thereof deems advisable and may by regulation oreecrlbe. . _ __ . _  (d) Sale of fuel and sapplice; service and shelter; pi·icea.· disposition of_.f‘€6€lj2$8.——Tl1€ headof any Government deport- `meh: or `other independent establishment having jurisdiction · .*"‘Thia Act" should D€~t1°8D·$l§:t€(if°° ecctioas'171 to 184 or this title of the appendlx."