and taking off of aircraft, is located along an airway, and is intermediate to airports connected by the airway, but which is not equipped with facilities for shelter, supply, and repair of aircraft and is not used regularly for the receipt or discharge of passengers or cargo by air.

(i) [49 U. S. C. 179] The term "air navigation facility" includes any airport, emergency landing field, light or other signal structure, radio directional finding facility, radio or other electrical communication facility, and any other structure or facility, used as an aid to air navigation.

(j) [49 U. S. C., Sup. V, 179] The term "civil airway" means a route in the navigable airspace designated by the Administrator in the Civil Aeronautics Authority as a route suitable for interstate or foreign air commerce. (As amended by section 1107 (i) (1) of the Civil Aeronautics Act.)

(k) [49 U. S. C. 179] The term "airman" means any individual (including the person in command and any pilot, mechanic, or member of the crew) who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling, or repairing of aircraft or of parachutes. (As amended by the Act of June 19, 1934, 48 Stat. 1113.)

SEC. 10 [49 U. S. C., Sup. V, 180]. Navigable Airspace.-As used in this Act, the term "navigable airspace" means airspace above the minimum safe altitudes of flight prescribed by the Civil Aeronautics I Authority, and such navigable airspace shall be subject to a public Wright of freedom of interstate and foreign air navigation in conformity with the requirements of this Act. (As amended by section 1107 (i) (1), (8) of the Civil Aeronautics Act.)

SEC. 11. Penalties—(a) [49 U. S. C., Sup. V, 181]. It shall be unlawful, except to the extent authorized or exempt under section 6

(1) To navigate any aircraft within any airspace reservation I otherwise than in conformity with the Executive orders regulating such reservation.

[Paragraphs (2), (3), (4), and (5) of subsection (a) repealed by section 1107 (k) of the Civil Aeronautics Act.]

(b) [49 U. S. C., Sup. V, 181] Any person who (1) violates any entry or clearance regulation made under section 7 (c) of this Act, or (2) any immigration regulation made under such section, shall be subject to a civil penalty of $500 which may be remitted or mitigated by the Secretary of Commerce, or the Secretary of Labor, respectively, in accordance with such proceedings as the Secretary shall by regulation prescribe. Any person violating any customs or publichealth regulation made under section 7 (b) of this Act, or any provision of the customs or public-health laws or regulations thereunder made applicable to aircraft by regulation under such section shall be subject to a civil penalty of $500, and any aircraft used in connection with any such violation shall be subject to seizure and forfeiture as provided for in such customs or public-health laws, which penalty and forfeiture may be remitted or mitigated by the Secretary of the Treasury. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien against the aircraft.

249934°-40-7

Any civil penalty imposed under this section may be collected by proceedings in personam against the person subject to the penalty and/or in case the penalty is a lien, by proceedings in rem against the aircraft. Such proceedings shall conform as nearly as may be to civil suits in admiralty; except that either party may demand trial by jury of any issue of fact, if the value in controversy exceeds $20, and facts so tried shall not be reexamined other than in accordance with the rules of the common law. The fact that in a libel in rem the seizure is made at a place not upon the high seas or navigable waters of the United States, shall not be held in any way to limit the requirement of the conformity of the proceedings to civil suits in rem in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings in any particular not provided by law. The determination under this section as to the remission or mitigation of a civil penalty imposed under this section shall be final. In case libel proceedings are pending at any time during the pendency of remission or mitigation proceedings, the Secretary shall give notice thereof to the United States attorney prosecuting the libel proceedings. (As amended by the Act of June 19, 1934, 48 Stat. 1116 and by section 1107 (i) (9) of the Civil Aeronautics Act.) (c) [49 U. S. C. 181] Any aircraft subject to a lien for any civil penalty imposed under this section may be summarily seized by and placed in the custody of such persons as the appropriate Secretary may by regulation prescribe and a report of the case thereupon transmitted to the United States attorney for the judicial district in which the seizure is made. The United States attorney shall promptly institute proceedings for the enforcement of the lien or otify the Secretary of his failure so to act. The aircraft shall be released from such custody upon (1) payment of the penalty or so much thereof as is not remitted or mitigated, (2) seizure in pursuance of process of any court in proceedings in rem for enforcement of the lien, or notification by the United States attorney of failure to institute such proceedings, or (3) deposit of a bond in such amount and with such sureties as the Secretary may prescribe, conditioned upon the payment of the penalty or so much thereof as is not remitted or mitigated.

(d) [49 U. S. C. 181] Any person who fraudulently forges, counterfeits, alters, or falsely makes any certificate authorized to be issued under this Act, or knowingly uses or attempts to use any such fraudulent certificate shall be guilty of an offense punishable by a fine not exceeding $1,000 or by imprisonment not exceeding three years, or by both such fine and imprisonment.

(e) [49 U. S. C., Sup. V, 181] Any person (1) who, with intent to interfere with air navigation in the navigable airspace or waters of the United States, exhibits within the United States any false light or signal at such place or in such manner that it is likely to be mistaken for a true light or signal required by regulation under this Act, or for a true light or signal in connection with an airport or other air navigation facility, or (2) who, after due warning from the Administrator in the Civil Aeronautics Authority continues to maintain any false light or signal, or (3) who knowingly removes, extinguishes, or interferes with the operation of any such true light

or signal, or (4) who without lawful authority knowingly exhibits any such true light or signal, shall be guilty of an offense punishable by a fine not exceeding $5,000 or by imprisonment not exceeding five years, or by both such fine and imprisonment. (As amended by section 1107 (i) (1) of the Civil Aeronautics Act.)

(f) [49 Ú. S. C. 181] All penalties paid under this Act shall be covered into the Treasury as miscellaneous receipts.

SEC. 12 [49 U. S. C. 182]. Separability.-If any provision of this Act is declared unconstitutional or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby.

SEC. 13 [49 U. S. C. 183]. Time of Taking Effect.-This Act shall take effect upon its passage; except that no penalty shall be enforced for any violation thereof occurring within 90 days thereafter.

SEC. 14 [49 U. S. C. 184]. Short Title.-This Act may be cited as the "Air Commerce Act of 1926."

ADMINISTRATION OF WASHINGTON NATIONAL

AIRPORT

[Act of June 29, 1940, Public No. 674]

AN ACT

To provide for the administration of the Washington National Airport, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of this Act

(a) "Administrator" means the Administrator of the Civil Aeronautics Authority.

(b) "Airport" means the Washington National Airport, which shall consist of, and include, the tract of land, together with all structures, improvements, and other facilities located thereon, lying partly in the District of Columbia and partly in the State of Virginia, particularly described as follows:

Commencing at a point of beginning, said point being the intersection of the property line of property owned by the Richmond, Fredericksburg and Potomac Railroad Company, and dredging base line at station 0+18.99 referenced south 6,808.21, west 9,078.02, running in a southeasterly direction on a bearing of south 22°51′18′′ east a distance of 6,270.91 feet, more or less, to station 62+89.90 of said dredging base line. Thence 13°30' right on a bearing of south 9°21′18′′ east a distance of 1,332.29 feet, more or less, to station 76+22.19 of said base line. Thence 11°04'19" right on a bearing of south 1°43′01′′ west a distance of 1,231.20 feet, more or less, to station 88+53.39 of said base line. Thence 12°40'41" right on a bearing of south 14°23′42′′ west a distance of 2,409.32 feet, more or less, to station 112+62.71 on said base line. Thence 1°15'44.3" right on a bearing of south 15°39'26.3'' west a distance of 4,938.38 feet, more or less, to United States Coast and Geodetic Survey Station WATER, referenced south 22,220.86, west 8,395.54. Thence 17°09′25.6" left on a bearing of south 1°29'59.3'' east a distance of 85.58 feet, more or less, to a corner of the property line between the United States of America and Smoot Sand and Gravel Corporation. Thence 85°59'59.3" right on a bearing of south 84°30'00" west a distance of 1,516.41 feet, more or less, to a monument located at a corner on the property line of the Richmond, Fredericksburg and Potomac Railroad Company, said monument being referenced south 22,451.75, west 9,902.73. Thence 85°50′06.7" right on a bearing of north 8°09′54′′ west a distance of 442.68 feet, more or less. Thence 5°00′12′′ left on a bearing of north 13°10'06" west a distance of 578.64 feet, more or less. Thence 4°57′25′′ left on a bearing of north 18°07′31′′ west a distance of 462.94 feet, more or less. Thence 1°34'50" left on a bearing of north 19°42′21′′ west a distance of 943.56 feet, more or less, to the point of a curve having an angle of