49 U.S.C. § 44721 : US Code - Section 44721: Aeronautical charts and related products and services

Search 49 U.S.C. § 44721 : US Code - Section 44721: Aeronautical charts and related products and services

(a) Publication. -
(1) In general. - The Administrator of the Federal Aviation
Administration may arrange for the publication of aeronautical
maps and charts necessary for the safe and efficient movement of
aircraft in air navigation, using the facilities and assistance
of departments, agencies, and instrumentalities of the United
States Government as far as practicable.
(2) Navigation routes. - In carrying out paragraph (1), the
Administrator shall update and arrange for the publication of
clearly defined routes for navigating through a complex terminal
airspace area and to and from an airport located in such an area,
if the Administrator decides that publication of the routes would
promote safety in air navigation. The routes shall be developed
in consultation with pilots and other users of affected airports
and shall be for the optional use of pilots operating under
visual flight rules.
(b) Indemnification. - The Government shall make an agreement to
indemnify any person that publishes a map or chart for use in
aeronautics from any part of a claim arising out of the depiction
by the person on the map or chart of a defective or deficient
flight procedure or airway if the flight procedure or airway was -
(1) prescribed by the Administrator;
(2) depicted accurately on the map or chart; and
(3) not obviously defective or deficient.
(c) Authority of Office of Aeronautical Charting and Cartography.
- Effective October 1, 2000, the Administrator is vested with and
shall exercise the functions, powers, and duties of the Secretary
of Commerce and other officers of the Department of Commerce that
relate to the Office of Aeronautical Charting and Cartography to
provide aeronautical charts and related products and services for
the safe and efficient navigation of air commerce, under the
following authorities:
(1) Sections 1 through 9 of the Act entitled "An Act to define
the functions and duties of the Coast and Geodetic Survey, and
for other purposes", approved August 6, 1947,(!1) (33 U.S.C. 883a-
883h).
(2) Section 6082 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (33 U.S.C. 883j).
(d) Authority. - In order that full public benefit may be derived
from the dissemination of data resulting from activities under this
section and of related data from other sources, the Administrator
may -
(1) develop, process, disseminate and publish digital and
analog data, information, compilations, and reports;
(2) compile, print, and disseminate aeronautical charts and
related products and services of the United States and its
territories and possessions;
(3) compile, print, and disseminate aeronautical charts and
related products and services covering international airspace as
are required primarily by United States civil aviation; and
(4) compile, print, and disseminate nonaeronautical
navigational, transportation or public-safety-related products
and services when in the best interests of the Government.
(e) Contracts, Cooperative Agreements, Grants, and Other
Agreements. -
(1) Contracts. - The Administrator is authorized to contract
with qualified organizations for the performance of any part of
the authorized functions of the Office of Aeronautical Charting
and Cartography when the Administrator deems such procedure to be
in the public interest and will not compromise public safety.
(2) Cooperative agreements, grants, and other agreements. - The
Administrator is authorized to enter into cooperative agreements,
grants, reimbursable agreements, memoranda of understanding and
other agreements, with a State, subdivision of a State, Federal
agency, public or private organization, or individual, to carry
out the purposes of this section.
(f) Special Services and Products. -
(1) In general. - The Administrator is authorized, at the
request of a State, subdivision of a State, Federal agency,
public or private organization, or individual, to conduct special
services, including making special studies, or developing special
publications or products on matters relating to navigation,
transportation, or public safety.
(2) Fees. - The Administrator shall assess a fee for any
special service provided under paragraph (1). A fee shall be not
more than the actual or estimated full cost of the service. A fee
may be reduced or waived for research organizations, educational
organizations, or non-profit organizations, when the
Administrator determines that reduction or waiver of the fee is
in the best interest of the Government by furthering public
safety.
(g) Sale and Dissemination of Aeronautical Products. -
(1) In general. - Aeronautical products created or maintained
under the authority of this section shall be sold at prices
established annually by the Administrator consistent with the
following:
(A) Maximum price. - Subject to subparagraph (B), the price
of an aeronautical product sold to the public shall be not more
than necessary to recover all costs attributable to: (i) data
base management and processing; (ii) compilation; (iii)
printing or other types of reproduction; and (iv) dissemination
of the product.
(B) Adjustment of price. - The Administrator shall adjust the
price of an aeronautical product and service sold to the public
as necessary to avoid any adverse impact on aviation safety
attributable to the price specified under this paragraph.
(C) Costs attributable to acquisition of aeronautical data. -
A price established under this paragraph may not include costs
attributable to the acquisition of aeronautical data.
(D) Continuation of prices. - The price of any product
created under subsection (d) may correspond to the price of a
comparable product produced by a department of the United
States Government as that price was in effect on September 30,
2000, and may remain in effect until modified by regulation
under section 9701 of title 31, United States Code.
(2) Publication of prices. - The Administrator shall publish
annually the prices at which aeronautical products are sold to
the public.
(3) Distribution. - The Administrator may distribute
aeronautical products and provide aeronautical services -
(A) without charge to each foreign government or
international organization with which the Administrator or a
Federal department or agency has an agreement for exchange of
these products or services without cost;
(B) at prices the Administrator establishes, to the
departments and officers of the United States requiring them
for official use; and
(C) at reduced or no charge where, in the judgment of the
Administrator, furnishing the aeronautical product or service
to a recipient is a reasonable exchange for voluntary
contribution of information by the recipient to the activities
under this section.
(4) Fees. - The fees provided for in this subsection are for
the purpose of reimbursing the Government for the costs of
creating, printing and disseminating aeronautical products and
services under this section. The collection of fees authorized by
this section does not alter or expand any duty or liability of
the Government under existing law for the performance of
functions for which fees are collected, nor does the collection
of fees constitute an express or implied undertaking by the
Government to perform any activity in a certain manner.
(5) Crediting amounts received. - Notwithstanding any other
provision of law, amounts received for the sale of products
created and services performed under this section shall be fully
credited to the account of the Federal Aviation Administration
that funded the provision of the products or services and shall
remain available until expended.