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 must be conducted at the FAA headquarters level by
Airspace Regulations and ATC Procedures Group.
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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