Section 2. Executive Order 10854
2-2-1. SCOPE
a. Executive Order 10854 extends the application
of 49 U.S.C. Section 40103 to the overlying airspace
of those areas of land or water outside the United
States beyond the 12-mile offshore limit in which the
United States, under international treaty agreement
or other lawful arrangements, has appropriate
jurisdiction or control.
b. Under the provisions of Executive Order
10854, airspace actions must be consistent with the
requirements of national defense, international
treaties or agreements made by the United States, or
the successful conduct of the foreign relations of
the United States.
NOTE-
The full text of Executive Order 10854 is detailed in
FIG 2-2-1.
2-2-2. POLICY
Any rulemaking or nonrulemaking actions that
encompass airspace outside of the United States
sovereign airspace (e.g., beyond 12-miles from the
United States coast line) require coordination with
the Departments of Defense and State. All Executive
Order 10854 coordination shall be conducted at the
FAA headquarters level by Airspace and Rules.
FIG 2-2-1
Executive Order 10854
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EXECUTIVE ORDER 10854
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.C. 1301 et seq.), to
the extent necessary to permit the Secretary of Transportation 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 Secretary of Transportation, 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 national-defense 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.
Dwight D. Eisenhower
The White House, November 27, 1959
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