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not directly engaged in the operation of aircraft in air transportation to the extent and for such periods as may be in the public interest.”

SEC. 3. Section 1 (3) of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

“(3) 'Air commerce' means the operation or navigation of aircraft (a) upon any landing area in the United States or in the air space overlying the United States, or (b) between a place in the United States and any other place in the United States or any place outside of the United States."

SEC. 4. Section 1 of the Civil Aeronautics Act of 1938, as amended, is hereby amended by inserting after subsection (3) thereof a new subsection, and by changing the designations of the succeeding subsections accordingly. Such new subsection shall read as follows:

“(4) 'Air contractor' means any person who undertakes, whether directly or indirectly, or by a lease or any other arrangement, and whether as a forwarder or otherwise, to engage in interstate, overseas, or foreign air commerce otherwise than as a common carrier." .

SEC. 5. Section 1 (19) of the Civil Aeronautics Act of 1938, as amended, is hereby amended by inserting after the word "arrangement” the words “and whether as a forwarder or otherwise".

SEC. 6. Section 1 (20) of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

(20) 'Interstate air commerce', 'overseas air commerce', and 'foreign air commerce', respectively, mean the carriage by aircraft of persons or property for compensation or hire in commerce between, respectively

“(a) a place in any State of the United States, or the District of Columbia, and any other place in any State of the United States, or the District of Columbia; or between places in the same Territory or possession (except the Philippine Islands) of the United States;

“(b) a place in any State of the United States, or the District of Columbia, and any place in a Territory or possession of the United States; or between a place in a Territory or possession of the United States, and a place in any other Territory or possession of the United States; and

"(c) a place in the United States and any place outside thereof, whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation."

SEC. 7. Section 1 (21) of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

“(21) 'Interstate air transportation,' 'overseas air transportation,' and 'foreign air transportation,' respectively, mean the carriage by aircraft of persons or property as a common carrier for compensation or hire or the carriage of mail by aircraft, in commerce between, respectively

(a) a place in any State of the United States, or the District of Columbia, and any other place in any State of the United States, or the District of Columbia ; or between places in the same Territory or possession (except the Philippine Islands) of the United States;

"(b) a place in any State of the United States, or the District of Columbia, and any place in a Territory or possession of the United States; or between a place in a Territory or possession of the United States, and a place in any other Territory or possession of the United States; and

"(c) a place in the United States and any place outside thereof, whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation.”

SEC. 8. Section 2 of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

"FINDINGS AND DECLARATION OF POLICY "SEC. 2. For the reasons hereinafter enumerated, the promotion and protection of interstate and foreign commerce by air and the conservation, promotion, and development of civil aeronautics as a vital national asset for the national defense, the national commerce, the Postal Service, and the general welfare, require the national regulation and promotion of the operation and navigation of all civil aircraft using the air space of the United States or in commerce to or from the United States, and the national regulation and promotion of all civil aeronautical enterprises involving transportation by aircraft in such air space or commerce.

“(a) Due to the speed and mobility of aircraft, due to the mechanical delicacy of aircraft and of other instrumentalities of air navigation, and due to the medium used in air navigation

“(1) the operation of any aircraft in any of the air space over the several States may adversely affect, endanger, burden, or interfere with other aircraft engaged in military or postal operations or in commerce among the several States, Territories, and possessions, or with foreign nations;

“(2) uniform regulations affecting the manufacture, employment, and operation of aircraft are essential in order to promote safety in the operation of aircraft throughout the United States and to avoid hazards arising from confusion, uncertainty, or misunderstanding respecting such regulations;

“(3) aircraft are used and useful primarily as an instrumentality of military and postal operations and of commerce among the several States, Territories, and possessions, or with foreign nations. Moreover, the entire air space of the United States is available as a highway for such operations and commerce, which cannot practically be confined to defined and limited

airways. “(b) Due to the potentialities of civil aeronautics as a means for increasing the national wealth and welfare, for combating unemployment, for facilitating commerce among the several States, Territories, and possessions, and with foreign nations ; for contributing to the national defense, for improving the Postal Service, and for furthering national policy in the international commonwealth

“(1) the development and regulation of civil aeronautics both for commerce and for pleasure should be subject to unified national planning and control;

"(2) the development of civil aeronautics should proceed as rapidly as possible so as to achieve a major place in the national economy upon a sound foundation ;

“(3) familiarity with, and skill in, the use and operation of aircraft and other instrumentalities of air navigation, both for commerce and for pleasure, should be widespread among the populace in order to provide necessary national assets for use in peace and in war;

“(4) à closely integrated system for the conduct of commerce by air should be developed and protected in order to make the advantages of aerial communication, trade, and travel fully available to all points within the Nation on fair and reasonably uniform terms, without trade or other

barriers or sectional advantages.” SEC. 9. Section 302 (a) of the Civil Aeronautics Act of 1938, as amended, is hereby amended by striking out the proviso at the end of the first sentence thereof.

SEC. 10. The Civil Aeronautics Act of 1938, as amended, is hereby amended by striking out section 302 (c).

SEC. 11. Section 303 of the Civil Aeronautics Act of 1938, as amended, is hereby amended by striking out the words "made after consultation with the Authority,”; by making the present section subsection (a), to be entitled :

"FUNDS EXPENDED UNDER OTHER AUTHORITY" and by add the following new subsection :

"CONDITIONS “(b) The Administrator is authorized and directed in connection with the expenditure of Federal funds for or on landing areas under section 302 or in accordance with his certification under this section, to require such conditions as will result in the protection of approaches to such landing areas and the freedom of such approaches from obstructions to aerial navigation. Among other steps to this end, he is authorized to enter into contracts with bodies politic, on behalf of the United States, to assure enforcement or compliance with such conditions."

SEC. 12. Section 305 of the Civil Aeronautics Act of 1938, as amended, is amended by striking the phrase "subject to the approval of the Authority”.

SEC. 13. Section 307 of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

“DEVELOPMENT PROGRAM FOR AIR-NAVIGATION FACILITIES

“SEC. 307. The Administrator shall, after consultation from time to time with the Authority, prepare and thereafter maintain a development program for airports and other air-navigation facilities designed most effectively to promote the national defense and a natienal and international system of air commerce. Such program shall include provision for the prompt installation or improvement of air-navigation facilities, to the extent appropriate in the interest of safety and efficiency, upon the issuance by the Authority of certificates of convenience and necessity for air transportation, or amendments thereto. In formulating and maintaining such program the Administrator shall take into account probable technological developments in the science of aeronautics, military and civil, the likely growth and requirements of air commerce, and such other matters as will contribute to a program which at all times will keep ahead of the needs of the national defense and of air com- . merce. He also shall take into account the necessity for assuring that the approaches to airports shall be as free of obstructions as reasonably possible. The Administrator shall seek to exercise his powers under section 302 and section 303 in accordance with such program. The Administrator shall report to Congress from time to time, and in any event at least once a year, concerning such program and progress made toward its accomplishment; copies of such reports shall be distributed as are other reports transmitted to Congress.”

SEC. 14. The Civil Aeronautics Act of 1938, as amended, is hereby further amended by inserting after section 307 the following additional sections:

“TRAINING OF AERONAUTICAL TECHNICIANS AND MECHANICS

“SEC. 308. The Administrator is authorized and directed, within the limits of available appropriations made by the Congress, to train aeronautical pilots and other technicans and mechanics and to conduct programs for such training, including studies and researches as to the most desirable qualifications for such technicians and mechanics. Such training and programs shall be conducted pursuant to such regulations as the Administrator may prescribe, including regulations respecting the maintenance of appropriate insurance and reasonable laboratory and other fees, and may be carried out either through the use of the facilities and personnel of the Administrator or by contracts with educational institutions or other persons. In the administration of this section none of the benefits of the training or programs shall be denied on account of race, creed, or color, and at least 5 per centum of the students selected for training pursuant to this section shall be selected from applicants other than college students. Any executive department or independent establishment is hereby authorized to cooperate with the Administrator in carrying out the purposes of this section, and may lend or transfer to the Administrator, by contract or otherwise, and may lend to educational institutions or other persons cooperating with the Administrator pursuant to this section, civilian officials, experts or employees, aircraft and other property or equipment, and lands or buildings under its control. The Administrator is authorized to lease or accept loans of such real property and to purchase, lease, exchange, or accept loans for such personal property, as may be necessary or desirable for carrying out the provisions of this section. For the purpose of carrying out this section, the Administrator is authorized to appoint and fix the compensation of experienced, instructors, airmen, medical and other professional examiners, and experts in training or in research without regard to the provisions of other laws applicable to the employment and compensation of officers and employees of the United States. The provisions of section 3709 of the Revised Statutes shall not apply to contracts with educational institutions or other persons for the use of aircraft or other facilities or for the performance of services authorized by this section.

“AERONAUTICAL EDUCATION

“SEC. 309. The Administrator is authorized and directed to promote research in aeronautical education and to act as a clearing house for research projects; to prepare and disseminate aeronautical educational material; to confer with and cooperate with governmental and other agencies in regard to aeronautical education; to secure the cooperation and assistance of the various services of the United States Office of Education, and other agencies of the United States, in the promotion and carrying on of aeronautical education; to assist the sev

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eral States, Territories, and possessions in creating and maintaining aeronautical educational courses; and to promote aeronautical clubs and other activities, particularly among the youth of the Nation, with a view toward familiarizing the participants in such activities with various aeronautical skills and techniques."

SEC. 15. Section 308 of the Civil Aeronautics Act of 1938, as amended, is hereby amended by changing its designation to section 310.

SEC. 16. The Civil Aeronautics Act of 1938, as amended, is hereby amended by inserting at the end of title III thereof the following:

"TITLE III-A-REGULATION OF GROUND HAZARDS TO AERIAL

NAVIGATION

"FINDINGS AND DECLARATION OF POLICY "Sec. 3100. (a) It is hereby declared to be essential to the proper development and protection of military aeronautics, air commerce, and the Postal Service, and to the protection of the value of the investment of funds of the United States in landing areas and other air-navigation facilities that there be carried out a unified program of regulating the height and location of structures and of objects of natural growth in the vicinity of landing areas and in other places where the safety or freedom of aerial navigation may otherwise be impaired.

"Such program should be developed and carried out with consideration for (1) the desirability of achieving the maximum usefulness of landing areas consistent with their physical characteristics, the surrounding terrain, and the type of aircraft operation for which the landing area was designed or is used; (2) the desirability in the interests of safety of maintaining standards for the height and location of structures and objects of natural growth in the vicinity of landing areas as uniform as possible considering the physical characteristics of the landing area, the surrounding terrain, and the type of aircraft operation for which the landing area is designed or used; (3) the necessity for the utmost freedom in the mobilization and tactical employment of military aircraft at any time and place that may prove necessary to the welfare of the United States ; (4) the necessity of weighing the economic effect of regulating the heigh, and location of structures and objects of natural growth in the vicinity of landing areas sufficiently to achieve the foregoing objectives against the economic effect and effect upon military aviation, air commerce, and the Postal Service of relocating such landing areas.

“(b) In order to achieve the foregoing objectives, it is necessary that the program be developed by an agency of the United States in cooperation with the States and their subdivisions and that in order to carry out such program it is essential that power be vested in an agency of the United States to enlist the cooperation of the States and their subdivisions in its execution and to take necessary action to assure safe and uniform conditions.

"(c) An easement for the purpose of aerial navigation is hereby declared to exist throughout the air space of the United States, to be protected as provided in this title.

ADMINISTRATOR'S POWERS

“SEC. 3101. The Administrator shall exercise the powers conferred by this title in conformity with the findings and declaration of policy applicable hereto.

“ZONING PROGRAM "SEC. 3102. The Administrator shall formulate and maintain a Nation-wide program for zoning, for the purposes of aerial navigation, in the vicinity of landing areas and such other places as may be appropriate. Such program shall include standards, as nearly uniform as reasonably possible, for such zoning. It shall be maintained at all times in accordance with the actual or anticipated technological development of military and civil aeronautical equipment and methods of operating such equipment.

"SEC. 3103. The Administrator shall invite the cooperation of duly constituted agencies of States, Territories, and possessions in the formulation, maintenance, and carrying out of such zoning program. He shall encourage administration of such program by such agencies in order to decentralize such administration to the greatest possible degree, and to this end shall furnish to such agencies such information, technical assistance, and other aids as they may wish and as may be feasible.

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"Sec. 3104. (a) Whenever, due to failure of local agencies to take appropriate action or otherwise, the Administrator finds such action necessary or appropriate to carry out the zoning program and the findings and declaration of policy set forth in section 3100, he is authorized and directed to establish an air safety area surrounding any landing area located in the United States, and from time to time to modify such area as may be appropriate. Before establishing or modifying any such area, the Administrator shall give written notice to the Governor of any State in which such area is to be, or is, located. An air safety area shall be established by an order of the Administrator fixing a line which shall mark the outermost fringe of such area. A complete and adequate description of the line shall be filed by the Administrator with the official or agency with whom deeds and other evidences of title are recorded for land embraced within the air safety area, or with such other official or agency as may be designated for the purpose on behalf of the State, Territory. or possession within which such area is located, and whenever the Administrator shall, by order, extend or otherwise modify the air safety area established at any landing area, the new line resulting therefrom shall be similarly filed.

"REGULATIONS

“(b) The Administrator shall promulgate such reasonable regulations, governing the height of structures and objects of natural growth, to be applicable within such air safety area or areas as he may designate, as may be appropriate to effectuate the zoning program and the findings and declaration of policy set forth in section 3100. In determining the reasonableness of such regulations the Administrator shall take into account, among other relevant considerations, the value of the property to be affected, the nature of the neighborhood, both before the landing area involved was established and subseqeuntly, the probable military importance of the landing area involved, the nature of the air traffic using such landing area, and the feasibility and adequacy of other means for minimizing risks to aerial navigation in the vicinity of such landing area.

“HAZARD PREVENTION AND ELIMINATION

"VIOLATION OF REGULATIONS

"SEC. 3105. (a) An owner of a structure or an object of natural growth shall not permit or cause any such structure or object to be in any way changed or grown so that its height will violate any regulation adopted under section 3104 (b).

"ORDERS REQUIRING COMPLIANCE WITH REGULATIONS

“(b) The Administrator may by order, entered after notice and hearing, require that any person violating subsection (a) of this section promptly take the necessary steps to correct such violation.

"ORDERS AFFECTING NONCONFORMING HEIGHTS

"(c) The Administrator may by order, entered after notice and opportunity for hearing, require that any owner of a structure or an object of natural growth, alter such structure or object so as to conform with regulations adopted under section 3104 (b) if he finds that the height of such structure or object does not conform thereto and did not conform thereto at the time the applicable regulation, or amendment thereof, took effect, and if he finds that such conformance is reasonably necessary to carry out the zoning program and the findings and declaration of policy set forth in section 3100.

"ORDERS AFFECTING UNUSUAL STRUCTURES

"(d) The Administrator may by order, entered after notice and opportunity for hearing, require in the case of a smokestack, high-tension wire, radio tower, chimney, water tower, or similar structure which exceeds one hundred and fifty feet in height above the ground, or in the case of any other structure which ex

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