30 days after they are finalized. It also would require the CAB to grant certificates of unlimited duration to local service air carriers that meet current standards of fitness and public convenience. The hearings will be held in the Interstate and Foreign Commerce Committee Room (G-16) in the Capitol and open at 10:00 a. m., April 26, 1955. Senator MONRONEY. Before calling the first witnesses this morning, I will introduce in the record at this point, if there is no objection, the reports the committee has received from the various Government agencies commenting upon the bills before the committee, S. 308 and S. 1119. (The reports referred to above are as follows:) Hon. WARREN G. MAGNUSON, UNITED STATES CIVIL SERVICE COMMISSION, Chairman, Committee on Interstate and Foreign Commerce, United States Senate. DEAR SENATOR MAGNUSON: This is in further reply to your letter of January 13, 1955, requesting the views of the Civil Service Commission on S. 308, a bill "To amend the Civil Aeronautics Act of 1938, as amended, and for other purposes." The Commission has no comment on any of the provisions of S. 308. This bill is identical to certain portions of S. 2647, 83d Congress, upon which the Commission reported to the Senate Interstate and Foreign Commerce Committee by letter of May 27, 1954. None of the personnel provisions of S. 2647 upon which the Commission commented last year are contained in the new bill, S. 308. There are no aspects of the proposed bill which would affect Federal personnel practices. Also, the activities covered by the bill do not come within the administrative jurisdiction of the Civil Service Commission. We are advised that the Bureau of the Budget has no objection to the submission of this report. DEAR MR. CHAIRMAN: Reference is made to your request for the comment of the Department of Defense on S. 308, 84th Congress, a bill "To amend the Civil Aeronautics Act of 1938, as amended, and for other purposes." The Secretary of Defense has delegated to this Department the responsibility for expressing the views of the Department of Defense on this proposal. Although S. 308 would amend numerous sections of existing law governing civil-aviation matters, the most significant changes relate primarily to the overall scheme of economic and safety regulation of civil aviation, and the methods for carrying this out. The military departments have extensive contractual relations with the airline industry, even in peacetime, for purposes of moving personnel and supplies by air. Hence, we have a real interest in the availability of sufficient airlift capacity at reasonable prices to meet such needs. In addition, the military departments have very important requirements for strategic route services to meet part of their worldwide communication and transportation needs. However, development of a financially sound civil air-transportation system, which would assure these capabilities at the lowest cost to the Government, is based on various economic factors that do not fall within the purview of the Department of Defense. The Department is, therefore, not in a position to make any worthwhile evaluation of the effect the amendments proposed in S, 308 would have on the route structure or the capability of civil aviation to assist the military in a national emergency. At the same time, it can be said that no serious impediment has presented itself, under existing applicable law, in transactions between the Department of Defense and civil-aeronautics agencies of the Government or the air-carrier industry. Likewise, the enactment of S. 308 would not appear to substantially modify existing law in any way prejudicial to such transactions. While the Department of Defense has no objection to S. 308 from an overall standpoint, it is felt that certain detailed amendments of a technical nature, as hereinafter set forth, should be made to the bill. 1. Section 6 of S. 308 would amend section I of the Civil Aeronautics Act of 1938, as amended, by adding several new definitions, including the term "air navigation." The proposed definition of “air navigation” would include, among other things, operation of aircraft in commerce or otherwise upon any "airport" in the United States. Section 3 of S. 308 would strike the definition of "air commerce" appearing in paragraph (3) of section 1 of the Civil Aeronautics Act of 1938. The existing definition of "air commerce" does not include the term "airport." Further, sections 14, 25, 29, 31, 33 (f), 38 (a) and 41 of S. 308 would substitute the proposed broader term "air navigation" in lieu of "air commerce" in sections 3 (Public Right of Transit), 601 (Minimum Standards; Rules and Regulations), 610 (Violations of Title), 803 (Weather Bureau), 902 (h) (Transportation of Explosives and Other Dangerous Articles), 1005 (a) (Effective Date of Orders; Emergency Orders) and 1101 (Hazards to Air Commerce), respectively, of the existing statute. In view of the foregoing proposed amendments it is felt that the definition of "airport," appearing in section 1 (8) of the Civil Aeronautics Act of 1938, should be simultaneously amended to make it clear that certain provisions of the act (as they would be amended by S. 308), relating to the power and responsibility of the authority with respect to "airports," do not apply to military air bases. It is, therefore, recommended that S. 308 be amended by inserting the following new section after section 7 (line 2, p. 5 of the bill), and by renumbering present section 8, and all subsequent sections, of S. 308 accordingly : "SEC. 8. Paragraph 10 of section 1 of the Civil Aeronautics Act of 1938, as amended, is amended to read as follows: "(10) 'Airport' means any landing area regularly used by civil aircraft for receiving or discharging passengers or cargo, but shall not include any such area, or part thereof, under the jurisdiction, custody, or control of a military department." This proposed definition is carefully designed not to exclude so-called joint use airports to the extent that such airports are under civil jurisdiction. 2. With the exception of section 16 of the bill, S. 308 does not now undertake to amend title III of the Civil Aeronautics Act. (Title III defines the powers and duties of the Administrator.) However, the proposed definition of "air navigation" (sec. 6 of the bill) might be construed so as to expand the authority of the Administrator under title III to encompass matters properly within the exclusive authority of the military departments. Therefore, the terms "air navigation" and "air navigation facilities" should be limited wherever they appear in title III so as to make it clear that the act does not intend to give a civil agency the statutory authority to interfere in purely military aviation matters. Such limitation might best be effected by inserting the word "civil" before the terms "air navigation" and "air navigation facilities" where they appear in sections 301, 302, 303, 305, and 307 of the act. 3. In formulating and revising the nationwide program for the protection of aerial approaches to airports, as proposed in section 16 of the bill, it is felt that the Secretary of Commerce should coordinate with other interested Government agencies. It is, therefore, recommended that the new section 311 (a), proposed by section 16 of S. 308, be amended by placing a comma after the word "Commerce," appearing in line 5, page 9 of the bill, and by adding the following immediately thereafter: "after considering the views and recommendations of other interested Federal agencies,". 4. In order not to handicap the Department of Defense, in its negotiations for contract airlift, new section 450 (e), as proposed by section 24 of S. 308, should be amended by adding the following after the word "carrier." in line 4, page 26, of the bill: "However, any air contractor may make charter trips or perform any other special service for a department or agency of the United States Government, with-. out regard to the geographical or other limitations on services authorized in its license, under regulations prescribed by the Board." 5. To preserve military security, new section 452 (b), as proposed by section 24 of S. 308, should be amended by adding, after the word "thereof," in line 18 page 31 of the bill, the following: "However, military contracts bearing a security classification will not be disclosed until released by the appropriate military contracting agency." 6. To prevent delay in the emergency utilization of contract airlift by agencies of the Department of Defense, and to insure that the Government will not be prohibited from renegotiating rates and charges contained in military contracts, it is recommended that section 452, as proposed by S. 308, be amended by adding, after paragraph (d), line 22, page 32 of the bill, the following new paragraph (e): "PROVISIONS RELATING TO MILITARY CONTRACTS "(e) (1) Bids submitted to and accepted by the Department of the Army, Department of the Navy or the Department of the Air Force for charter or contract service shall be filed in accordance with this section; however, such service may be performed prior to approval of the Board in the event that a military emergency requiring such service is declared by the Secretary of the Army, Navy or Air Force, respectively, and provided the time required to obtain approval of the Board would delay accomplishment of the military mission. An after-thefact statement justifying such emergency action shall be submitted to the Board by the military secretary concerned. "(2) The provisions of sections 452 and 453 of this title shall not prohibit a renegotiation of rates and charges contained in military contracts, under such joint regulations as the Board and the Department of Defense may prescribe." 7. Since section 25 of S. 308 would, by substituting the term "air navigation" for "air commerce" in section 601 of the Civil Aeronautics Act, broaden the regulatory power of the Board, the following amendments are considered necessary to section 601 (a) of the Civil Aeronautics Act (as it would be amended by S. 308): (a) Section 601 (a) (1) should be amended by inserting, after the word "propellers", the following: ", other than aircraft, aircraft engines, and propellers of the national defense forces of the United States," (b) Section 601 (a) (2) should be amended by inserting, after the word "appliances", the following: ", other than appliances of the national defense forces of the United States," (c) Section 601 (a) (3) should be amended by inserting, immediately after the word "appliances" in subsection 601 (a) (3) (A), the following: ", other than aircraft, aircraft engines, propellers, and appliances of the national defense forces of the United States". (d) Section 601 (a) (4) should be amended by inserting immediately preceding the word "required", the following: "other than reserve aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil of the national defense forces of the United States," (e) Section 601 (a) (6) should be amended by inserting, immediately preceding the word "as", the following: "other than practices, methods, and procedures of the national defense forces of the United States," 8. (a) Section 29 (a) of S. 308 would amend existing section 610 of the Civil Aeronautics Act by substituting the broad term "air navigation," in lieu of "air commerce," throughout the section. Section 29 (b) of S. 308 would amend paragraph (2) of section 610 (a) of the Civil Aeronautics Act of 1938, as amended, by adding language designed to make subject to civil penalties any person who might serve in any capacity as an airman in connection with any civil aircraft, aircraft engine, propeller, or appliance used or intended for use, in air navigation without an airman certificate authorizing him to serve in such capacity. From time to time agencies of the Department of Defense find it to be to the best interests of the Government to contract with air carriers for essential and expeditious airlift. Such utilization of civil air carriers requires that civil aircraft land on military airfields for the purpose of loading and unloadng. On occasions such civil aircraft so engaged have encountered mechanical difficulty while in flight or on a military airfield, and it has been determined that, in the absence of reasonably available civil repair facilities, it is to the best interest of the Government for essential emergency repairs to be made by personnel of the Department of Defense. Should such repairs not be made by Department of Defense personnel, delays of many hours or days can be expected in some cases-thereby defeating the purpose of utilizing civil airlift. The Department of Defense therefore feels that it is justified, and acting in the best interests of the Government, in making emergency repairs to enable expeditious completion of the civil airlift mission. Further, military airfields are in some cases designated as alternate airfields for civil aircraft in the event of difficulty, and certificated airmen are not available at such bases to make necessary repairs. Military personnel and civilian employees of the Department of Defense are not required, in the performance of their duties, to obtain the "airman certificate" referred to in the proposed amendment. Hence, the enactment of section 29 (b) of S. 308 would place such personnel in the position of violating its provisions, should they perform emergency repairs to facilitate the removal of civil aircraft from a military installation. In this connection, your attention is invited to the testimony of representatives of interested Government agencies and industry, on an identical proposal, before the House Committee on Interstate and Foreign Commerce on June 24, 1954 (pp. 19–26, hearing before the Committee on Interstate and Foreign Commerce, House of Representatives, 83d Cong., on H. R. 6817, H. R. 6818, and H. R. 7394). In view of the foregoing, it is recommended that a subsection (d) be added to section 29 of S. 308, to read as follows: "(d) (1) Section 610 (b) of the Civil Aeronautics Act of 1938, as amended, is further amended by deleting the word 'Foreign' from the title; by renumbering the existing section '(b)' as '(b) (1)'; and by adding the following new paragraph (b) (2)': "(b) (2) The provisions of subsections 610 (a) (2) and (3) shall not apply to military or civilian employees of the United States Department of Defense rendering mechanical, technical or other assistance to civil aircraft, while in the performance of their official duties." (b) The Department of Defense objects, basically, to any legislation which would give a civil agency the statutory authority to regulate and control military flying. Military aviation is an inherently hazardous activity which must be pursued in the interests of national defense. It regularly requires difficult flight maneuvers, formations, exercises, and attitudes as well as operation of aircraft at high speeds, high gross weights and from unimproved landing areas; all of which have no parallel in civil aviation. Many of the normal and necessary operations of military aircraft would probably be classified as careless or reckless operations should they be attempted or undertaken by civil aircraft. The Armed Forces have promulgated flight regulations to cope with the needs of military aviation, violations of which may be punished by courts-martial. At the same time the Department of Defense recognizes that, in the interests of safety in flight, certain uniform rules regulating the use of air space by both civil and military aircraft should be prescribed. However, such uniform rules are necessary, and compatible with the mission of the agencies of the Department fo Defense only with respect to the types of flight set out in the following proposed amendment to section 29 of S. 308 (as it would be amended by the amendment proposed in foregoing paragraph 8 (a) of this report): "(d) (2) Section 610 (b) of the Civil Aeronautics Act of 1938, as amended, is further amended by adding the following new paragraph (b) (3)': "(b) (3) a. The provisions of subsection 610 (a) (5) of this title shall not apply to military personnel or civilian employees of the United States Department of Defense while operating aircraft of the national-defense forces of the United States, except with respect to violation of any air traffic rule or regulation involving "i. Right-of-way and proximity of aircraft, when both aircraft of the national-defense forces of the United States and civil aircraft are jointly involved, or "ii. Flight within control zones and control areas, or "iii. Operation on or in the vicinity of an airport (other than a military airbase or military landing area), or "iv. Flight under instrument-flight rules and conditions; "b. Nor shall the provisions of subsection 610 (a) (5) apply to military personnel or civilian employees of the United States Department of Defense operating aircraft of the national-defense forces of the United States while engaged in a military operation with due notice to the appropriate civil airways officer in the area concerned." 9. The new paragraph (2), proposed for section 1002 (h) of the Civil Aeronautics Act of 1938, by section 37 of S. 308, should be amended by adding after the word "contractor" (line 9, page 45 of the bill), the following: "or to renegotiable contracts with an agency of the Department of Defense." Subject to amendment in the foregoing manner, the Department of Defense has no objection to S. 308. The Department of Defense is unable to estimate the fiscal effects of the proposed legislation. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. Time has not permitted submission of this report to the Bureau of the Budget. Sincerely yours, ROGER LEWIS, Assistant Secretary of the Air Force. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Hon. WARREN G. MAGNUSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington 25, D. C. MY DEAR SENATOR MAGNUSON: You have requested a report from this Department on S. 308, a bill to amend the Civil Aeronautics Act of 1938, as amended, and for other purposes, and on S. 1119, and amendments to S. 1119, a bill to amend the Civil Aeronautics Act of 1938, as amended, and for other purposes. Because these bills deal with the general problem of the Federal regulation of air transportation, a matter with which this Department is not officially concerned, we are not in a position to furnish you with helpful information or advice with regard to the policies and purposes of the bills, and we, therefore, cannot recommend for or against enactment. It appears that the bills perpetuate, in general, the pattern established in the Civil Aeronautics Act of 1938 in being applicable uniformly to the States, Territories, and possessions of the United States, which is, we believe, as it should be. There are two matters upon which we should like to make specific comment. Section 27 of S. 1119 would amend section 801 of the 1938 act, as amended, by substituting new language for the first sentence which now reads: "The issuance, denial, transfer, amendment, cancellation, suspension, or revocation of, and the terms, conditions, and limitations contained in, any certificate authorizing an air carrier to engage in overseas or foreign air transportation, or air transportation between places in the same Territory or possession, or any permit issuable to any foreign air carrier under section 402, shall be subject to the approval of the President." Section 27 of S. 1119 would, in effect, strike the words "overseas or" and the phrase “or air transportation between places in the same Territory or possession.” It would further restrict the approval authority of the President by adding the following language: "in any case which he determines may affect the national defense or foreign policy of the United States." The Territories and possessions of the United States are greatly dependent upon air transportation which is playing an increasingly important role in their economic life. In some of these areas, air service provides the only means of transportation other than overland or waterborne travel of the most primitive Route certification, frequency of service and competition are questions of extreme importance to most of the United States Territories. sort. The executive branch of the Federal Government has been vested with certain responsibilities for the social and economic development of the Territories. A major responsibility is the representation and protection of the interests of the residents of the Territories. At present, the Department of the Interior, the agency of the executive branch directly responsible for Territorial matters, is afforded an opportunity to review those decisions of the Civil Aeronautics Board affecting service to or within the Territories at the time that the decisions are referred to the President for approval. The interests of the Territory concerned are fully taken into account by this Department in considering the recommended decision. The effect of section 27 of S. 1119 would be to concentrate in a single agency all authority for the certification of air transportation in the Territories with no opportunity for review or appeal by this Department. Because of the importance of air transportation to the Territorial possessions of the United States and the responsibilities of the executive branch to these possessions, we believe that a review and the approval by the President of recommended decisions of the Civil Aeronautics Board is desirable. We do not believe |