US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC40114]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40114. Reports and records

    (a) Written Reports.--(1) Except as provided in this part, the 
Secretary of Transportation (or the Administrator of the Federal 
Aviation Administration with respect to aviation safety duties and 
powers designated to be carried out by the Administrator) shall make a 
written report of each proceeding and investigation under this part in 
which a formal hearing was held and shall provide a copy to each party 
to the proceeding or investigation. The report shall include the 
decision, conclusions, order, and requirements of the Secretary or 
Administrator as appropriate.
    (2) The Secretary (or the Administrator with respect to aviation 
safety duties and powers designated to be carried out by the 
Administrator) shall have all reports, orders, decisions, and 
regulations the Secretary or Administrator, as appropriate, issues or 
prescribes published in the form and way best adapted for public use. A 
publication of the Secretary or Administrator is competent evidence of 
its contents.
    (b) Public Records.--Except as provided in subpart II of this part, 
copies of tariffs and arrangements filed with the Secretary under 
subpart II, and the statistics, tables, and figures contained in reports 
made to the Secretary under subpart II, are public records. The 
Secretary is the custodian of those records. A public record, or a copy 
or extract of it, certified by the Secretary under the seal of the 
Department of Transportation is competent evidence in an investigation 
by the Secretary and in a judicial proceeding.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1110.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40114(a)(1)...........................  49 App.:1324(d) (1st, 2d         Aug. 23, 1958, Pub. L. 85-726, Secs.
                                         sentences).                      204(d), 313(b), 1103, 72 Stat. 743,
                                                                          753, 797.
                                        49 App.:1354(b) (1st, 2d
                                         sentences).
                                        49 App.:1551(b)(1)(E).           Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 1984, Pub. L. 98-443, Sec.  3(e),
                                                                          98 Stat. 1704.
                                        49 App.:1655(c)(1).              Oct. 15, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
40114(a)(2)...........................  49 App.:1324(d) (3d, last
                                         sentences).
                                        49 App.:1354(b) (3d, last
                                         sentences).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
40114(b)..............................  49 App.:1503.
                                        49 App.:1551(b)(1)(E).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the word ``Administrator'' in section 313(b) of 
the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 753) is 
retained on authority of 49:106(g).
    In subsection (a)(1), the words ``otherwise'', ``requirement in the 
premises'', and ``shall be entered of record'' are omitted as surplus.
    In subsection (a)(2), the word ``rules'' is omitted as being 
synonymous with ``regulations''. The word ``prescribes'' is added for 
consistency in the revised title and with other titles of the United 
States Code. The words ``under this chapter'' and ``information and'' 
are omitted as surplus. The words ``A publication of the Secretary or 
Administrator is competent evidence of its contents'' is substituted for 
49 App.:1324(d) (last sentence) to eliminate unnecessary words and for 
consistency.
    In subsection (b), the words ``otherwise'', ``all contracts, 
agreements, understandings, and'', ``annual or other'', ``of air 
carriers and other persons'', and ``preserved as'' are omitted as 
surplus. The last sentence is substituted for 49 App.:1503 (words after 
7th comma) to eliminate unnecessary words and for consistency.

                  Section Referred to in Other Sections

    This section is referred to in section 106 of this title.