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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: 49USC40120]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40120. Relationship to other laws

    (a) Nonapplication.--Except as provided in the International 
Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the navigation 
and shipping laws of the United States and the rules for the prevention 
of collisions do not apply to aircraft or to the navigation of vessels 
related to those aircraft.
    (b) Extending Application Outside United States.--The President may 
extend (in the way and for periods the President considers necessary) 
the application of this part to outside the United States when--
        (1) an international arrangement gives the United States 
    Government authority to make the extension; and
        (2) the President decides the extension is in the national 
    interest.

    (c) Additional Remedies.--A remedy under this part is in addition to 
any other remedies provided by law.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1117.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40120(a)..............................  49 App.:1509(a).                 Aug. 23, 1958, Pub. L. 85-726, Secs.
                                                                          1106, 1109(a), 1110, 72 Stat. 798,
                                                                          799, 800.
40120(b)..............................  49 App.:1510.
40120(c)..............................  49 App.:1506.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``International Navigational Rules Act 
of 1977 (33 U.S.C. 1601 et seq.)'' are substituted for ``sections 143 to 
147d of title 33'' because those sections were repealed by section 3 of 
the Act of September 24, 1963 (Public Law 88-131, 77 Stat. 194), and 
replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the 
International Navigational Rules Act of 1977 (Public Law 95-75, 91 Stat. 
311) and replaced by 33:1601-1608. The words ``including any definition 
of `vessel' or `vehicle' found therein'' and ``be construed to'' are 
omitted as surplus.
    In subsection (b), before clause (1), the words ``to the extent'', 
``of time'', and ``any areas of land or water'' are omitted as surplus. 
The words ``and the overlying airspace thereof'' are omitted as being 
included in ``outside the United States''. In clause (1), the words 
``treaty, agreement or other lawful'' and ``necessary legal'' are 
omitted as surplus.
    Subsection (c) is substituted for 49 App.:1506 to eliminate 
unnecessary words and for clarity and consistency in the revised title 
and with other titles of the United States Code.

                       References in Text

    The International Navigational Rules Act of 1977, referred to in 
subsec. (a), is Pub. L. 95-75, July 27, 1977, 91 Stat. 308, as amended, 
which is classified principally to chapter 30 (Sec. 1601 et seq.) of 
Title 33, Navigation and Navigable Waters. For complete classification 
of this Act to the Code, see Short Title note set out under section 1601 
of Title 33 and Tables.

              Ex. Ord. No. 10854. Extension of Application

    Ex. Ord. No. 10854, Nov. 27, 1959, 24 F.R. 9565, as amended by Ex. 
Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided:
    The application of the Federal Aviation Act of 1958 (72 Stat. 731; 
49 U.S.C.A. Sec. 1301 et seq. [see 49 U.S.C. 40101 et seq.]), to the 
extent necessary to permit the Secretary of Transportation to accomplish 
the purposes and objectives of Titles III [former 49 U.S.C. 1341 et 
seq., see Disposition Table at beginning of this title] and XII [see 49 
U.S.C. 40103(b)(3), 46307] thereof, is hereby extended to those areas of 
land or water outside the United States and the overlying airspace 
thereof over or in which the Federal Government of the United States, 
under international treaty, agreement or other lawful arrangement, has 
appropriate jurisdiction or control: Provided, That the Secretary of 
Transportation, prior to taking any action under the authority hereby 
conferred, shall first consult with the Secretary of State on matters 
affecting foreign relations, and with the Secretary of Defense on 
matters affecting national-defense interests, and shall not take any 
action which the Secretary of State determines to be in conflict with 
any international treaty or agreement to which the United States is a 
party, or to be inconsistent with the successful conduct of the foreign 
relations of the United States, or which the Secretary of Defense 
determines to be inconsistent with the requirements of national defense.