52 STAT.] 75TH CONG. , 3D SESS.-CH. 601-JUNE 23, 1938 TITLE III-POWERS AND DUTIES OF ADMINISTRATOR FOSTERING OF AIR COMMERCE SEC. 301. The Administrator is empowered and directed to encour- age and foster the development of civil aeronautics and air commerce in the United States, and abroad, and to encourage the establishment of civil airways, landing areas, and other air navigation facilities. The Administrator and the Air Safety Board shall cooperate with the Authority in the administration and enforcement of this Act. CIVIL AIRWAYS AND FACILITIES General 985 Title II-Powers and Duties of Admin- istrator. Fostering of air com- merce. Civil airways and facilities. General. SEC. 302. (a) The Administrator is empowered to designate and lishnenaet establish civil airways and, within the limits of available appropria- tions made by the Congress, (1) to acquire, establish, operate, and facaTilits, maintain along such airways all necessary air navigation facilities; (2) to chart such airways and arrange for the publication of maps Charting. of such airways, utilizing the facilities and assistance of existing agencies of the Government so far as practicable; (3) to acquire, igLndingi establish, operate, and maintain, in whole or in part, air navigation facilities at and upon any municipally owned or other landing area approved for such installation, operation, or maintenance by the Administrator; and (4) to provide necessary facilities and personnel teRteogn'ati for the regulation and protection of air traffic moving in air com- merce: Provided, That the Administrator shall not acquire any air- Airports, port by purchase or condemnation. The Administrator is empowered on acquisiti to approve the establishment of such civil airways, not designated or established by the Administrator, as may be required in the interest of the public. No exclusive rights shall be granted for the use of notexlusi any civil airway, landing area, or other air navigation facility. on, estab. tc. navigation areas, nav- ities. n and pro- r traffic. restriction on. ways, etc., e. Method of Establishment (b) The Administrator shall insofar as practicable designate and establish civil airways with relation to visual, mechanical, electrical, radio, or other like aids along the ground for air navigation, and in such manner that not more than one airway shall embrace the same air space, except to the extent necessary for intersection of airways at landing areas or elsewhere, or except when such action is necessary in the interest of safety or efficient operation of aircraft, or when the operation of aircraft over one airway will not interfere with the operation of aircraft over another airway embracing the same air space: Provided, That nothing herein shall be construed to affect the promulgation or enforcement of any rules and regulations under this Act for the control of traffic. Airport Survey (c) The Authority shall, through the Administrator, make a field survey of the existing system of airports and shall present to the Congress not later than February 1, 1939, definite recommendations (1) as to whether the Federal Government should participate in the construction, improvement, development, operation, or maintenance of a national system of airports, and (2) if Federal participation is recommended, the extent to which, and the manner in which, the Federal Government shall so participate. Method of estab- lishment. Proviso. Rules and regula- tions. Airport survey. Recommendations to Congress.
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