Chapter 2. Rulemaking/Nonrulemaking Airspace Cases

Section 2. Executive Order 10854

2-2-1. SCOPE

  1. Executive Order 10854 extends the application of 49 U.S.C. § 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.
  2. 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.

2-2-2. POLICY

Any rulemaking or nonrulemaking actions that encompass airspace outside of the United States sovereign ­airspace (i.e., beyond 12 NM from the United States coast line) must be coordinated with the Departments of ­Defense and State. All Executive Order 10854 coordination will be conducted by the Rules and Regulations ­Group.

EXECUTIVE ORDER 10854
EXTENSION OF THE APPLICATION OF THE FEDERAL AVIATION ACT OF 1958By 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