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PUBLIC LAW 91-258-MAY 21, 1970

[84 STAT.

PART III—MISCELLANEOUS SEC. 51. AMENDMENTS TO FEDERAL AVIATION ACT OF 1958. (a)(1) PROCUREMENT PROCEDURES.—Section 303 of the Federal 72 Stat. 747.

Aviation Act of 1958 (49 U.S.C. 1344) is amended by adding at the end thereof the following new subsection: "NEGOTIATION or PURCHASES AND CONITJACTS

Report to congressional committees.

"(e) The Secretary of Transportation may negotiate without advertising purchases of and contracts for technical or special property related to, or in support of, air navigation that he determines to require a substantial initial investment or an extended period of preparation for manufacture, and for which he determines that formal advertising would be likely to result in additional cost to the Government by reason of duplication of investment or would result in duplication of necessary preparation which would unduly delay the procurement of the property. The Secretary shall, at the beginning of each fiscal year, report to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Commerce of the Senate all transactions negotiated under this subsection during the preceding fiscal year." (2) TABLE or CONTENTS.—That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 303. Administration of the Agency." is amended by adding at the end thereof the following: " (e) Negotiation of purchases and contracts.". (b)(1) AIRPORT CERTIFICATION.—Title VI of the Federal Aviation

72 Stat. 775; 82 Stat. 395.

Act of 1958 (49 U.S.C. 1421-1431), relating to safety regulation of civil aeronautics, is amended by adding at the end thereof the following new section: "AIRPORT OPERATING CERTIFICATES a POWER TO ISSUE

"SEC. 612. (a) The Administrator is empowered to issue airport operating certificates to airports serving air carriers certificated by the Civil Aeronautics Board and to establish minimum safety standards for the operation of such airports. ISSUANCE

Terms and conditions.

" (b) Any person desiring to operate an airport serving air carriers certificated by the Civil Aeronautics Board may file with the Administrator an application for an airport operating certificate. If the Administrator finds, after investigation, that such person is properly and adequately equipped and able to conduct a safe operation in accordance with the requirements of this Act and the rules, regulations, and standards prescribed thereunder, he shall issue an airport operating certificate to such person. Each airport operating certificate shall prescribe such terms, conditions, and limitations as are reasonably necessary to assure safety in air transportation, including but not limited to, terms, conditions, and limitations relating to— "(1) the installation, operation, and maintenance of adequate air navigation facilities; and "(2) the operation and maintenance of adequate safety equipment, including firefighting and rescue equipment capable of rapid access to any portion of the airport used for the landing, takeoff, or surface maneuvering of aircraft."

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