[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Presidential Documents]
[Pages 70241-70243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27777]
Presidential Documents
Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 70241]]
Executive Order 13479 of November 18, 2008
Transformation of the National Air Transportation
System
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United
States to establish and maintain a national air
transportation system that meets the present and future
civil aviation, homeland security, economic,
environmental protection, and national defense needs of
the United States, including through effective
implementation of the Next Generation Air
Transportation System (NextGen).
Sec. 2. Definitions. As used in this order the term
``Next Generation Air Transportation System'' means the
system to which section 709 of the Vision 100--Century
of Aviation Reauthorization Act (Public Law 108-176)
(Act) refers.
Sec. 3. Functions of the Secretary of Transportation.
Consistent with sections 709 and 710 of the Act and the
policy set forth in section 1 of this order, the
Secretary of Transportation shall:
(a) take such action within the authority of the
Secretary, and recommend as appropriate to the
President such action as is within the authority of the
President, to implement the policy set forth in section
1 of this order and in particular to implement the
NextGen in a safe, secure, timely, environmentally
sound, efficient, and effective manner;
(b) convene quarterly, unless the Secretary
determines that meeting less often is consistent with
effective implementation of the policy set forth in
section 1 of this order, the Senior Policy Committee
established pursuant to section 710 of the Act
(Committee);
(c) not later than 60 days after the date of this
order, establish within the Department of
Transportation a support staff (Staff), including
employees from departments and agencies assigned
pursuant to subsection 4(e) of this order, to support,
as directed by the Secretary, the Secretary and the
Committee in the performance of their duties relating
to the policy set forth in section 1 of this order; and
(d) not later than 180 days after the date of this
order, establish an advisory committee to provide
advice to the Secretary and, through the Secretary, the
Committee concerning the implementation of the policy
set forth in section 1 of this order, including
aviation-related subjects and any related performance
measures specified by the Secretary, pursuant to
section 710 of the Act.
Sec. 4. Functions of Other Heads of Executive
Departments and Agencies. Consistent with the policy
set forth in section 1 of this order:
(a) the Secretary of Defense shall assist the
Secretary of Transportation by:
(i) collaborating, as appropriate, and verifying that the NextGen meets the
national defense needs of the United States consistent with the policies
and plans established under applicable Presidential guidance; and
(ii) furnishing, as appropriate, data streams to integrate national defense
capabilities of the United States civil and military systems relating to
the national air transportation system, and coordinating the development of
requirements and capabilities to address tracking and
[[Page 70242]]
other activities relating to non-cooperative aircraft in consultation with
the Secretary of Homeland Security, as appropriate;
(b) the Secretary of Commerce shall:
(i) develop and make available, as appropriate, the capabilities of the
Department of Commerce, including those relating to aviation weather and
spectrum management, to support the NextGen; and
(ii) take appropriate account of the needs of the NextGen in the trade,
commerce, and other activities of the Department of Commerce, including
those relating to the development and setting of standards;
(c) the Secretary of Homeland Security shall assist
the Secretary of Transportation by ensuring that:
(i) the NextGen includes the aviation-related security capabilities
necessary to ensure the security of persons, property, and activities
within the national air transportation system consistent with the policies
and plans established under applicable Presidential guidance; and
(ii) the Department of Homeland Security shall continue to carry out all
statutory and assigned responsibilities relating to aviation security,
border security, and critical infrastructure protection in consultation
with the Secretary of Defense, as appropriate;
(d) the Administrator of the National Aeronautics
and Space Administration shall carry out the
Administrator's duties under Executive Order 13419 of
December 20, 2006, in a manner consistent with that
order and the policy set forth in section 1 of this
order;
(e) the heads of executive departments and agencies
shall provide to the Secretary of Transportation such
information and assistance, including personnel and
other resources for the Staff to which subsection 3(c)
of this order refers, as may be necessary and
appropriate to implement this order as agreed to by the
heads of the departments and agencies involved; and
(f) the Director of the Office of Management and
Budget may issue such instructions as may be necessary
to implement subsection 5(b) of this order.
Sec. 5. Additional Functions of the Senior Policy
Committee. In addition to performing the functions
specified in section 710 of the Act, the Committee
shall:
(a) report not less often than every 2 years to the
President, through the Secretary of Transportation, on
progress made and projected to implement the policy set
forth in section 1 of this order, together with such
recommendations including performance measures for
administrative or other action as the Committee
determines appropriate;
(b) review the proposals by the heads of executive
departments and agencies to the Director of the Office
of Management and Budget with respect to programs
affecting the policy set forth in section 1 of this
order, and make recommendations including performance
measures thereon, through the Secretary of
Transportation, to the Director; and
(c) advise the Secretary of Transportation and,
through the Secretary of Transportation, the
Secretaries of Defense, Commerce, and Homeland
Security, and the Administrator of the National
Aeronautics and Space Administration, with respect to
the activities of their departments and agencies in the
implementation of the policy set forth in section 1 of
this order.
Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 70243]]
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against
the United States, its departments, agencies,
instrumentalities, or entities, its officers,
employees, or agents, or any other person.
(Presidential Sig.)
THE WHITE HOUSE,
November 18, 2008.
[FR Doc. E8-27777
Filed 11-19-08; 8:45 am]
Billing code 3195-W9-P