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merce and to perform such functions vested in the Secretary under this Act as the Secretary may designate there shall be an additional Assistant Secretary of Commerce, who shall be appointed by the President, by and with the advice and consent of the Senate, and whose compensation shall be fixed in accordance with the Classification Act of 1923. (As amended by section 1107 (k) of the Civil Aeronautics Act.) 4
Sec. 9. Definitions. As used in this Act
(a) [49 U. S. C. 179] The term "citizen of the United States” means (1) an individual who is a citizen of the United States or its possessions, or (2) a partnership of which each member is an individual who is a citizen of the United States or its possessions, or (3) a corporation or association created or organized in the United States or under the law of the United States or of any State, Territory, or possession thereof, of which the president and two-thirds or more of the board of directors or other managing officers thereof, as the case may be, are individuals who are citizens of the United States or its possessions and in which at least 75 per centum of the voting interest is controlled by persons who are citizens of the United States or its possessions. (As amended by section 1107 (c) (6) of the Civil Aeronautics Act.)
(b) [49 U. S. C. 179] The term "United States," when used in a geographical sense, means the territory comprising the several States, Territories, possessions, and the District of Columbia (including the territorial waters thereof), and the overlying airspace; but shall not include the Canal Zone.
(c) [49 U.S. C. 179] The term "aircraft” means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment.
(d) [49 U. S. C. 179] The term “public aircraft” means an aircraft' used exclusively in the governmental service.
(e) [49 U.S. C. 179] The term “civil aircraft” means any aircraft other than a public aircraft.
(f) [49 U. . C. 179] The term “aircraft of the United States" means any aircraft registered under this Act or the Civil Aeronautics Act of 1938. (As amended by section 1107 (c) (y) of the Civil Aeronautics Act.)
(g) [49 . s. C. 179] The term "airport” means any locality, either of water or land, which is adapted for the landing and taking off of aircraft and which provides facilities for shelter, supply, and repair of aircraft; or a place used regularly for receiving or discharging passengers or cargo by air.
(h) (49 U.S. C. 179] The term “emergency landing field” means any locality, either of water or land, which is adapted for the landing and taking off of aircraft, is located along an airway, and is intermediate to airports connected by the airway, but which is not equipped with facilities for shelter, supply, and repair of aircraft and is not used regularly for the receipt or discharge of passengers or cargo by air.
4 Executive Order No. 6166, promulgated June 10, 1933, pursuant to the reorganization act of 1932, 47 Stat. 413, 47 Stat. 1517, 48 Stat. 16, by section 9, provides that "The Assistant Secretary of Commerce for Aeronautics shall be an Assistant Secretary of Com. merce and shall perform such functions as the Secretary of Commerce may designate."
(i) [49 U.S. C. 179] The term "air navigation facility” includes any airport, emergency landing field, light or other signal structure, radio directional finding facility, radio or other electrical communication facility, and any other structure or facility, used as an aid to air navigation.
(j) [79 U. S. C. 179] The term “civil airway” means a route in the navigable airspace designated by the Administrator in the Civil Aeronautics Authority as a route suitable for interstate or foreign air commerce. (As amended by section 1107 (1) (1) of the Civil Aeronautics Act.)
(k) [49 Ú, S. C. 179] The term "airman” means any individual (including the person in command and any pilot, mechanic, or member of the crew) who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling, or repairing of aircraft or of parachutes. (As amended by the Act of June 19, 1934, 48 Stat. 1113.)
Sec. 10 (49 U.S. C. 180] Navigable Airspace. As used in this Act, the term "navigable airspace" means airspace above the minimum safe altitudes of flight prescribed by the Civil Aeronautics Authority, and such navigable airspace shall be subject to a public right of freedom of interstate and foreign air navigation in conformity with the requirements of this Act. (As amended by section 1107 (8) (1), (8) of the Civil Aeronautics Act.)
Sec. 11. Penalties-(a) [49 U.S.C. 181] It shall be unlawful, except to the extent authorized or exempt under section 6
(1) To navigate any aircraft within any airspace reservation otherwise than in conformity with the Executive orders regulating such reservation.
[Paragraphs (2), (3), (4), and (5) of subsection (a) repealed by section 1107 (k) of the Civil Aeronautics Act.]
(b) [49 U.S. C. 181] Any person who (1) violates any entry or clearance regulation made under section 7 (c) of this Act, or (2) any immigration regulation made under such section, shall be subject to a civil penalty of $500 which may be remitted or mitigated by the Secretary of Commerce, or the Attorney General, respectively, in accordance with such proceedings as the Secretary of Commerce or Attorney General shall by regulation prescribe. Any person violating any customs regulation made under section 7 (b) of this Act, or any provision of the customs or public-health laws or regulations thereunder made applicable to aircraft by regulation under such section shall be subject to a civil penalty of $500, and any aircraft used in connection with any such violation shall be subject to seizure and forfeiture as provided for in such customs laws, which penalty and forfeiture may be remitted or mitigated by the Secretary of the Treasury. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien against the aircraft. Any civil penalty imposed under this section may be collected by proceedings in personam against the person subject to the penalty and/or in case the penalty is a lien, by proceedings in rem against the aircraft. Such proceedings shall conform as nearly as may be to civil suits in admiralty; except that either party may demand trial by jury of any issue of fact, if the value in controversy exceeds $20, and facts so tried shall not be reexamined other than in accordance with the rules of the
common law. The fact that in a libel in rem the seizure is made at a place not upon the high seas or navigable waters of the United States, shall not be held in any way to limit the requirement of the conformity of the proceedings to civil suits in rem in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings in any particular not provided by law. The determination under this section as to the remission or mitigation of a civil penalty imposed under this section shall be final. In case libel proceedings are pending at any time during the pendency of remission or mitigation proceedings, the Secretary or Attorney General shall give notice thereof to the United States attorney prosecuting the libel proceedings.
(As amended by the Act of June 19, 1934, 48 Stat. 1116, and by section 1107 (i) (9) of the Civil Aeronautics Act; and Act of July 1, 1944, 58 Stat. 714.)
(c) [49 U.S. C. 181] Any aircraft subject to a lien for any civil penalty imposed under this section may be summarily seized by and placed in the custody of such persons as the appropriate Secretary or Attorney General may by regulation prescribe and a report of the case thereupon transmitted to the United States attorney for the judicial district in which the seizure is made. The United States attorney shall promptly institute proceedings for the enforcement of the lien or notify the Secretary of his failure so to act. The aircraft shall be released from such custody upon (1) payment of the penalty or so much thereof as is not remitted or mitigated, (2) seizure in pursuance of process of any court in proceedings in rem for enforcement of the lien, or notification by the United States attorney of failure to institute such proceedings, or (3) deposit of a bond in such amount and with such sureties as the Secretary or Attorney General may prescribe, conditioned upon the payment of the penalty or so much thereof as is not remitted or mitigated. (As amended July 1, 1944,58 Stat. 714.)
(d) [49 U. S. Č. 181] Any person who fraudulently forges, counterfeits, alters, or falsely makes any certificate authorized to be issued under this Act, or knowingly uses or attempts to use any such fraudulent certificate shall be guilty of an offense punishable by a fine not exceeding $1,000 or by imprisonment not exceeding three years, or by both such fine and imprisonment.
(e) [49°U. S. C. 181] Any person (1) who, with intent to interfere with air navigation in the navigable airspace or waters of the United States, exhibits within the United States any false light or signal at such place or in such manner that it is likely to be mistaken for a true light or signal required by regulation under this Act, or for a true light or signal in connection with an airport or other air navigation facility, or (2) who, after due warning from the Administrator in the Civil Aeronautics Authority continues to maintain any false light or signal, or (3) who knowingly removes, extinguishes, or interferes with the operation of any such true light or signal, or (4) who without lawful authority knowingly exhibits any such true light or signal, shall be guilty of an offense punishable by a fine not exceeding $5,000 or by imprisonment not exceeding five years, or by both such fine and imprisonment. (As amended by section 1107 (i) (1) of the Civil Aeronautics Act.)
(f) (49 U. S. C. 181] All penalties paid under this Act shall be covered into the Treasury as miscellaneous receipts.
Sec. 12 [ 49 U. S. C. 182] Separability.—If any provision of this Act is declared unconstitutional or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby.
Sec. 13 [49 U. 8. C. 183] Time of Taking Effect.—This Act shall take effect upon its passage; except that no penalty shall be enforced for any violation thereof occurring within 90 days thereafter.
Sec. 14 [49 U. S. C. 184] Short Title.—This Act may be cited as the "Air Commerce Act of 1926."