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EXECUTIVE ORDER 9746

AUTHORIZING THE SECRETARY OF WAR AND THE GOVERNOR OF THE PANAMA

CANAL TO PERFORM CERTAIN FUNCTIONS RELATING TO THE PANAMA CANAL AND THE CANAL ZONE

By virtue of the authority vested in me by the Constitution and the laws of the United States, including the Canal Zone Code, approved June 19, 1934, as amended, and as President of the United Śtates, it is hereby ordered as follows:

1. The Secretary of War is authorized to exercise the powers vested in the President by the following provisions of law:

(b) Canal Zone Code, title 2, section 14 as added by section 1 of the act of July 9, 1937, ch. 470, 50 Stat. 486 (48 U. S. C. 1314a), relative to making, altering, and amending rules and regulations governing aircraft, air navigation, air-navigation facilities, and aeronautical activities within the Canal Zone.

2. The Secretary of War, after consultation with the Secretary of State, shall exercise the powers vested in the President by Canal Zone Code, title 2, section 141 (48 U. S. C. 1321), relative to making, altering, and amending rules and regulations (a) touching the right of any person to enter or remain upon or pass over any part of the Canal Zone, and (b) for the detention of any person entering the Canal Zone in violation of such rules and regulations, and the return of such person to the country whence he came.

3. The Secretary of War, after consultation with the Secretary of the Navy as to the establishment, alteration, and discontinuance of naval reservations, shall exercise so much of the powers vested in the President by Canal Zone Code, title 2, section 5, as relates to authorizing the establishment, alteration, and discontinuance of military and naval reservations in the Canal Zone.

5. The officers authorized hereunder to exercise powers of the President may exercise such powers without the necessity of any signature, approval, ratification, or other act of the President; and all officers, officials, and employees of the United States, including disbursing, accounting, and auditing officers, shall give the same effect to any acts of those authorized hereunder to exercise powers as if exercised by the President. Nothing contained in this order shall be construed to limit or restrict the right of the President to exercise any power referred to in this order.

6. All provisions of prior Executive orders and of rules and regulations promulgated under the provisions of law referred to in this order which are in effect on the date hereof and are not inconsistent with the provisions of this order shall remain in effect until superseded by action taken pursuant to the provisions of this order.?

HARRY S. TRUMAN.

The White House,

July 1, 1946.

EXECUTIVE ORDER 9781

ESTABLISHING THE AIR COORDINATING COMMITTEE By virtue of the authority vested in me as President of the United States, and in order to provide for the fullest development and coordination of the aviation policies and activities of the Federal agencies, and in the interest of the internal management of the Government, it is hereby ordered as follows:

1. (a) There is hereby established the Air Coordinating Committee (hereinafter referred to as the Committee) which shall have as members one representative from each of the following-named agencies (hereinafter referred to as the participating agencies) : the State, War, Post Office, Navy, and Commerce Departments and the Civil Aeronautics Board. The members shall be designated by the respective heads of the participating agencies. The President shall name one of the members as the Chairman of the Committee. The Director of the Bureau of the Budget shall designate a representative of the Bureau as a non-voting member of the Committee.

(b) Each officer or body authorized under subparagraph 1 (a) hereof to designate a member of the Committee shall also designate one or more alternate members, as may be necessary.

(c) The Committee shall establish procedures to provide for participation, including participation in voting, by a representative of any agency not named in subparagraph 1 (a) hereof in connection with such aviation matters as are of substantial interest to that agency.

2. The Committee shall examine aviation problems and developments affecting more than one participating agency; develop and recommend integrated policies to be carried out and actions to be taken by the participating agencies or by any other Government agency charged with responsibility in the aviation field; and, to the extent permitted by law, coordinate the aviation activities of such agencies except activities relating to the exercise of quasi-judicial functions.

3. The Committee shall consult with Federal interagency boards and committees concerned in any manner with aviation activities; and consult with the representatives of the United States to the Provisional International Civil Aviation Organization or to the permanent successor thereof and recommend to the Department of State general policy directives and instructions for the guidance of the said representatives.

4. The Committee, after obtaining the views of the head of each agency concerned, shall submit to the President, together with the said views, (a) such of the Committee's recommendations on aviation

135 C. F. R. 5.71 pursuant to the above order supersedes E. 0. 5047, Feb. 18, 1929 ; E. O. 8251, Sept. 12, 1939; E. O. 8271, Oct. 16, 1939.

policies as require the attention of the President by reason of their character or importance, (b) those important aviation questions the disposition of which is prevented by the inability of the agencies concerned to agree, (c) an annual report of the Committee's activities during each calendar year, to be submitted not later than January 31 of the next succeeding year, and (d) such interim reports as may be necessary or desirable.

5. The heads of the participating agencies shall cause their respective agencies to use the facilities of the Committee in all appropriate circumstances and, consonant with law, to provide the Committee with such personnel assistance as may be necessary.

HARRY S. TRUMAN.

The WHITE HOUSE,

September 19, 1946.

EXECUTIVE ORDER 9990

ENLARGING THE MEMBERSHIP OF THE AIR COORDINATING COMMITTEE TO INCLUDE A REPRESENTATIVE OF THE TREASURY DEPARTMENT

By virtue of the authority vested in me as President of the United States, is is hereby ordered that the membership of the Air Coordinating Committee, established by Executive Order No. 9781 of September 19, 1946, be, and it is hereby, enlarged to include a representative of the Treasury Department who shall

be designated by the Secretary of the Treasury, and the provisions of the said order shall hereafter be applicable to the Treasury Department to the same extent as they are applicable to the participating agencies named in paragraph 1 of such order.

HARRY S. TRUMAN. THE WHITE HOUSE,

August 21, 1948.

OPINIONS OF THE ATTORNEY GENERAL

AIR COMMERCE ACT-PUBLICATION OF THE CAUSES

OF AIRCRAFT ACCIDENTS

[36 Op. A. G. 182]

FEBRUARY 19, 1930.

THE SECRETARY OF COMMERCE.

SIR: I have the honor to acknowledge receipt of the letter of the Acting Secretary, dated Jan. 13, 1930, in which my opinion is asked on the following question arising in the administration of the Air Commerce Act of 1926 (Act of May 20, 1926, C. 344, 44 Stat. 568, U.S.C. title 49, sections 171-184):

“Whether section 2 of the above-mentioned act requires the Secretary of Commerce to make public the causes of accident in civil air navigation in any other manner than in statistical form, as outlined in the accompanying papers and at such times as he may deem advisable.”

Section 2 of the Act reads as follows:

“SEC. 2. Promotion of Air Commerce.—It shall be the duty of the Secretary of Commerce to foster air commerce in accordance with the provisions of this Act, and for such purpose

“(a) To encourage the establishment of airports, civil airways, and other air navigation facilities.

“(b) To make recommendations to the Secretary of Agriculture as to necessary meteorological service.

"(c) To study the possibilities for the development of air commerce and the aeronautical industry and trade in the United States and to collect and disseminate information relative thereto and also as regards the existing state of the art.

“d) To advise with the Bureau of Standards and other agencies in the executive branch of the Government in carrying forward such research and development work as tends to create improved air navigation facilities. The Secretary of Commerce is authorized to transfer funds available for carrying out the purposes of this subdivision to any such agency for carrying forward such research and development work in cooperation with the Department of Commerce.

“(e) To investigate, record, and make public the causes of accidents in civil air navigation in the United States.

“(f) To exchange with foreign governments through existing governmental channels information pertaining to civil air navigation.

You state that the Department's method of recording and making public the causes of accidents in civil air navigation is shown in “Comparative Statistic and Analyses of Accidents in Civil Aeronautics for the Years 1927, 1928, and the First Six Months of 1929," a copy of

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