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EXECUTIVE ORDER NO. 10854

[24 Fed. Reg. 9565]

EXTENSION OF THE APPLICATION OF THE FEDERAL AVIATION ACT OF 1958

By virtue of the authority vested in me by section 1110 of the Federal Aviation Act of 1958 (72 Stat. 800; 49 U.S.C. 1510), and as President of the United States, and having determined that such action would be in the national interest, I hereby order as follows:

The application of the Federal Aviation Act of 1958 (72 Stat. 731; 49 U.S.. 1301 et seq.), to the extent necessary to permit the Administrator of the Federal Aviation Agency to accomplish the purposes and objectives of Titles III and XII thereof (49 U.S.C. 1341-1355 and 1521-1523), 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 Administrator, 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 nationaldefense 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.

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EXECUTIVE ORDER NO. 10883

[25 Fed. Reg. 7710]

TERMINATION OF THE AIR COORDINATING COMMITTEE

By virtue of the authority vested in me as President of the United States, it is ordered as follows:

1. The Air Coordinating Committee is hereby terminated.

2. Executive Order No. 10655 of January 28, 1956, relating to the Air Coordinating Committee, and Executive Order No. 10796 of December 24, 1958, amending that order, are hereby revoked.

3. The Administrator of the Federal Aviation Agency shall make such provisions as may be necessary for winding up any outstanding affairs of the Air Coordinating Committee, and such provisions may be made at any time after the date of this order.

4. Except as provided in paragraph 3, this order shall become effective on the sixtieth day following the date thereof.

THE WHITE HOUSE,

August 11, 1960

MEMORANDUM FOR:

The Secretary of State

The Secretary of Defense

The Secretary of the Treasury
The Postmaster General

The Secretary of Commerce

DWIGHT D. EISENHOWER

The Administrator of the Federal Aviation Agency
The Chairman of the Civil Aeronautics Board

The Chairman of the Federal Communications Commission

The Director of the Bureau of the Budget

The Director of the Office of Civil and Defense Mobilization

I have today issued an Exectutive Order terminating the Air Coordinating Committee as of the sixtieth day after today.

Since its inception in 1946, the Air Coordinating Committee has made a significant contribution to the development and coordination of aviation policies and activities of Federal agencies. I wish to thank the members of the Committee, and all who have assisted the Committee, for their services.

It has become evident that a committee established by Presidential Executive Order and concerned with the coordination of both international and domestic aviation matters is no longer needed. In major part, this has resulted from the enactment of the Federal Aviation Act of 1958 which vested enlarged coordination responsibilities in the Administrator of the Federal Aviation Agency and also provided expressly for certain types of interagency coordination.

It is recognized, however, that suitable substitute methods of interagency coordination of aviation matters will be needed in the future. Any interagency arrangements needed for such coordination can be effected without relying on a Presidentially established committee. Accordingly, it is directed that the Administrator of the Federal Aviation Agency shall initiate such arrangements as may be approprite to effect the needed interagency coordination and to meet the related requirements of the agencies concerned. The responsibilities of the Administrator for establishing such coordination arrangements pursuant to this memorandum will pertain primarily to matters in which agreement of two or more agencies is necessary by reason of either law or practical considerations; in other matters the agency having responsibility should adopt such means of obtaining the advice of and informing other agencies as may be appropriate. In carrying out the responsibilities assigned to him by this memorandum the Administrator of the Federal Aviation Agency may, subject to law, cause to be established any committees, councils, working groups and liaison arrangements which he deems to be necessary or desirable. Participation in the activities of any such committee or other similar body should be limited to agencies having a substantial interest in subjects under consideration. Any secretariat services required in connection with any such committee or other body should be supplied by the Federal Aviation Agency except as other arrangements may be agreed to by the Administrator of the Federal Aviation Agency and the participating agencies.

The need for formalized interagency coordination, and therefore the need for coordination facilities provided upon the initiative of the Administrator of the Federal Aviation Agency, may be expected to be greatest in the international field. Without limiting the foregoing portions of this memorandum, I suggest that the Administrator of the Federal Aviation Agency cause to be established a new interagency group for the purpose of developing recommendations to the Secretary of State. The group should have only a small continuing membership, including, but not necessarily limited to, a representative of the Federal Aviation Agency, as chairman of the group, and representatives of the Department of State, the Department of Defense, the Department of Commerce and the Civil Aeronautics Board. Any other appropriate agency should participate in the activities of the new group when matters of substantial concern to the agency are under consideration. Any secretariat services for the group should be supplied by the Federal Aviation Agency except as other arrangements may be agreed upon by the Administrator of that Agency and the participating agencies.

The Secretary of State will continue to provide foreign policy guidance to the agencies concerned, to conduct all negotiations with foreign governments, and to appoint and instruct United States delegations to international conferences in this field.

In setting forth in this memorandum certain guidelines respecting arrangements for interagency coordination in the aviation field, it is not my intention to preclude the use of other or additional interagency arrangements permitted by law, with respect to that field.

This memorandum shall be published in the Federal Register. DWIGHT D. EISENHOWER

EXECUTIVE ORDER NO. 10999

[27 Fed. Reg. 1527]

ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF COMMERCE

By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), it is hereby ordered as follows:

SECTION 1. Scope. The Secretary of Commerce (hereinafter referred to as the Secretary) shall prepare national emergency plans and develop preparedness programs covering:

(a) Development and coordination of over-all policies, plans, and procedures for the provision of a centralized control of all modes of transportation in an emergency for the movement of passenger and freight traffic of all types, and the determination of the proper apportionment and allocation of the total civil transportation capacity, or any portion thereof, to meet over-all essential civil and military needs. (b) Federal emergency operational responsibilities with respect to: highways, roads, streets, bridges, tunnels, and appurtenances; highway traffic regulation; allocation of air carrier aircraft for essential military and civilian operations; ships in coastal and intercoastal use and ocean shipping, ports and port facilities; and the Saint Lawrence Seaway; except those elements of each normally operated or controlled by the Department of Defense.

(c) The production and distribution of all materials, the use of all production facilities, the control of all construction materials, and the furnishing of basic industrial services except the following:

(1) Production and distribution of and use of facilities for petroleum, solid fuels, gas, and electric power;

(2) Production, processing, distribution and storage of food resources and the use of food resource facilities for such production, processing, distribution, and storage;

(3) Domestic distribution of farm equipment and fertilizer; (4) Use of communications services and facilities, housing, and lodging facilities, and health and welfare facilities;

(5) Production, and related distribution, of minerals defined as all raw materials of mineral origin (except petroleum, gas, solid fuels, and source materials as defined in the Atomic Energy Act of 1954, as amended) obtained by mining and like operations and processed through the stages specified, and at the facilities designated in an agreement between the Secretary of Commerce and the Secretary of the Interior as being within the emergency preparedness responsibilities of the Secretary of the Interior, and the construction and use of facilities designated as within the responsibilities of the Secretary of the Interior;

(6) Distribution of items in the supply systems of, or controlled by the Department of Defense and the Atomic Energy Commission, and

(7) Construction and use of civil aviation facilities. (d) Fallout forecasting based on current weather data.

(e) Collection and reporting of census data for emergency planning

purposes.

These plans and programs shall be designed to develop a state of readiness in those areas with respect to all degrees of national emergency, including attack upon the United States.

SEC. 2. Transportation Planning and Coordination Function. The Secretary shall develop long range programs designed to integrate the mobilization requirements for movement of all forms of commerce with all forms of national and international transportation systems including air, ground, water, and pipelines, in an emergency; more particularly he shall:

(a) Resources and requirements. Obtain, assemble, analyze, and evaluate data on the requirements of all claimants for all types of civil transportation to meet the needs of the military and of the civil economy. Consolidate, evaluate, and interpret both current and projected resources and requirements data developed by all Federal agencies concerned with moving passengers or cargo by all modes of transportation for the purpose of initiating actions designed to stimulate government and industry actions to improve the peacetime structure of the transportation system for use in an emergency.

(b) Economic projections. Conduct a continuing analysis of transportation problems and facilities in relation to long range economic projections for the purpose of recommending incentive and/or regulatory programs designed to bring all modes of transportation in balance with each other, with current economic conditions, projected peacetime conditions, and with emergency conditions.

(c) Passenger and cargo movement. Develop plans and procedures which would provide for the central collection and analysis of passenger and cargo movement demands of both shipper and user agencies as they relate to the capabilities of various transport modes in existence at the time, control or delegate control of the priority of movement of passengers and cargo for all modes of transportation by mode or within a mode and develop policies, standards and procedures for emergency enforcement of controls through the use of means such as education, incentives, embargoes, permits, sanctions, claimancy policies, etc.

(d) Emergency transportation functions. In consonance with plans developed by other agencies assigned operational responsibilities in the transportation program, develop plans for and be prepared to provide the administrative facilities for performing emergency transportation functions when required by the President.

SEC. 3. Transportation Operations Planning Functions. The Secretary shall develop plans and procedures in consonance with international treaties and in cooperation with other Federal agencies, the States and their political subdivisions to:

(a) Highways and streets. Adapt and develop highway and street systems to meet emergency requirements and provide procedures for their repair, restoration, improvement, revision and use as an integral part of the transportation system in an emergency.

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