49 U.S.C. § 1303

Administrative provisions

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(a)Open Meetings.—(1)In general.—The Board shall be deemed to be an agency for purposes of section 552b of title 5.(2)Nonpublic collaborative discussions.—(A)In general.—Notwithstanding section 552b of title 5, a majority of the members may hold a meeting that is not open to public observation to discuss official agency business if—(i) no formal or informal vote or other official agency action is taken at the meeting;(ii) each individual present at the meeting is a member or an employee of the Board; and(iii) the General Counsel of the Board is present at the meeting.(B)Disclosure of nonpublic collaborative discussions.—Except as provided under subparagraph (C), not later than 2 business days after the conclusion of a meeting under subparagraph (A), the Board shall make available to the public, in a place easily accessible to the public—(i) a list of the individuals present at the meeting; and(ii) a summary of the matters discussed at the meeting, except for any matters the Board properly determines may be withheld from the public under section 552b(c) of title 5.(C)Summary.—If the Board properly determines matters may be withheld from the public under section 555b(c) of title 5, the Board shall provide a summary with as much general information as possible on those matters withheld from the public.(D)Ongoing proceedings.—If a discussion under subparagraph (A) directly relates to an ongoing proceeding before the Board, the Board shall make the disclosure under subparagraph (B) on the date of the final Board decision.(E)Preservation of open meetings requirements for agency action.—Nothing in this paragraph may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the members other than that described in this paragraph.(F)Statutory construction.—Nothing in this paragraph may be construed—(i) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under subparagraph (B)(ii); or(ii) to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5, United States Code.(b)Representation by Attorneys.—Attorneys designated by the Chairman of the Board may appear for, and represent the Board in, any civil action brought in connection with any function carried out by the Board pursuant to this chapter or subtitle IV or as otherwise authorized by law.(c)Admission To Practice.—Subject to section 500 of title 5, the Board may regulate the admission of individuals to practice before it and may impose a reasonable admission fee.(d)Submission of Certain Documents to Congress.—(1)In general.—If the Board submits any budget estimate, budget request, supplemental budget estimate, or other budget information, legislative recommendation, prepared testimony for a congressional hearing, or comment on legislation to the President or to the Office of Management and Budget, the Board shall concurrently submit a copy of such document to—(A) the Committee on Commerce, Science, and Transportation of the Senate; and(B) the Committee on Transportation and Infrastructure of the House of Representatives.(2)No approval required.—No officer or agency of the United States has any authority to require the Board to submit budget estimates or requests, legislative recommendations, prepared testimony for congressional hearings, or comments on legislation to any officer or agency of the United States for approval, comments, or review before submitting such recommendations, testimony, or comments to Congress.(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 703; renumbered § 1303 and amended Pub. L. 114–110, §§ 3(a)(3), (c)(1), 5, Dec. 18, 2015, 129 Stat. 2228–2230.)Editorial NotesAmendments

2015—Pub. L. 114–110, § 3(a)(3), renumbered section 703 of this title as this section.

Subsec. (a). Pub. L. 114–110, § 5, amended subsec. (a) generally. Prior to amendment, text read as follows: “For purposes of section 552b of title 5, United States Code, the Board shall be deemed to be an agency.”

Pub. L. 114–110, § 3(c)(1)(A), (B), redesignated subsec. (b) as (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “Chapter 9 of title 5, United States Code, shall apply to the Board in the same manner as it does to an independent regulatory agency, and the Board shall be an establishment of the United States Government.”

Subsec. (b). Pub. L. 114–110, § 3(c)(1)(B), redesignated subsec. (d) as (b). Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 114–110, § 3(c)(1)(A), (B), redesignated subsec. (e) as (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “In the performance of their functions, the members, employees, and other personnel of the Board shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent of any other part of the Department of Transportation.”

Subsec. (d). Pub. L. 114–110, § 3(c)(1)(C), added subsec. (d). Former subsec. (d) redesignated (b).

Subsec. (e). Pub. L. 114–110, § 3(c)(1)(B), redesignated subsec. (e) as (c).

Subsecs. (f), (g). Pub. L. 114–110, § 3(c)(1)(A), struck out subsecs. (f) and (g) which read as follows:

“(f) Budget Requests.—In each annual request for appropriations by the President, the Secretary of Transportation shall identify the portion thereof intended for the support of the Board and include a statement by the Board—

“(1) showing the amount requested by the Board in its budgetary presentation to the Secretary and the Office of Management and Budget; and

“(2) an assessment of the budgetary needs of the Board.

“(g) Direct Transmittal to Congress.—The Board shall transmit to Congress copies of budget estimates, requests, and information (including personnel needs), legislative recommendations, prepared testimony for congressional hearings, and comments on legislation at the same time they are sent to the Secretary of Transportation. An officer of an agency may not impose conditions on or impair communications by the Board with Congress, or a committee or Member of Congress, about the information.”

Notes of Decisions

Cited in 18 cases, 1951–2019 · leading case: Griggs v. Allegheny Cnty., 369 U.S. 84 (1962).

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Griggs v. Allegheny Cnty., 369 U.S. 84 (1962). · cites it 2× “" 49 U. S. C. § 1303 (c). [9] The term "airport hazard" means "any structure or object of natural growth .”

Aircraft Owners & Pilots Ass'n v. Fed. Aviation Admin., Wset, Inc., Intervenor, 600 F.2d 965 (D.C. Cir. 1979). “§§ 1301-1542 (1976), authorizes the FAA to promote air safety, 49 U.S.C. §§ 1303 (a), 1655(c)(1) (1976), and to regulate the use of navigable air space, 49 U.”

Nw. Airlines, Inc. v. Neil E. Goldschmidt, Sec'y of the Dep't of Transp., & Pan Am. Airways, Intervenors, 645 F.2d 1309 (8th Cir. 1981). “Section 103(c) of the FA Act, 49 U.S.C. § 1303 (c), directs the Secretary to consider, as in the public interest, “[t]he control of the use of the navigable airspace of the United States.”

Delta Air Lines, Inc. v. United States of Am., Karen Haelsig McMaster Etc. v. United States, 561 F.2d 381 (1st Cir. 1977). “22; 49 U.S.C. § 1303 (c). See Yates v. United States, 497 F.”

Lucas v. People's Couns. for Baltimore Cnty., 807 A.2d 1176 (Md. Ct. Spec. App. 2002). “” 49 U.S.C. § 1303 (a); 42 U.S.C. § 4901 (b).”

Himmler v. United States, 474 F. Supp. 914 (E.D. Pa. 1979). “Federal Aviation Act of 1958, §§ 103, 307(c), 49 U.S.C. §§ 1303 , 1348(c). Federal Aviation Act 49 U.”

Am. Trading Co., Inc. v. The Harry Culbreath, 187 F.2d 310 (2d Cir. 1951). “But this does not follow. For there may have been dishonesty, in disposing of the goods, which escaped the vigilance of Alcoa and McGrath, despite their exercise of due care.”

Aircrane, Inc. v. Butterfield, 369 F. Supp. 598 (E.D. Pa. 1974). “The court there found that the “compensation or hire" provision was designed as part of a plan to effectuate the strong governmental interest expressed in 49 U.S.C. § 1303 (c) — “the control of the use of the navigable airspace of the United States and the regulation of both…”

In Re Multidistrict Civil Actions Involving the Air Crash Disaster, 350 F. Supp. 757 (S.D. Ohio 1972). “Learned commentators on the question of issue preclusion or res judicata have advanced the view that in diversity eases the federal interest in the effective administration of the federal court system may militate toward the adoption of a federal rule governing the law of…”

Starr v. United States, 393 F. Supp. 1359 (N.D. Tex. 1975). “49 U.S.C. § 1303 . 9 . See Arney v. United States, 479 F.”

T. J. Stevenson & Co. v. 81,193 Bags of Flour, 629 F.2d 338 (5th Cir. 1980). “Moreover, although the precise issue has not been widely addressed, we believe from the statutory wording it is obvious that the bill of lading must reflect the carrier’s state of knowledge as of the time that the bill of lading is issued, even though the carrier learned of…”

Am. Airlines, Inc. v. City of Audubon Park, Kentucky, 297 F. Supp. 207 (W.D. Ky. 1968). · cites it 2× “Pursuant to 49 U.S.C. §§ 1303 , 1304, 1348(a), 1348(c), FAA has adopted various regulations affecting the navigable airspace in general all over the United States and in particular over Standiford Field and the City of Audubon Park, which regulations control the use of said…”

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— 49 U.S.C. § 1303(3)(c) — 1 case

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