§40101. Policy
(a)
(1) assigning and maintaining safety as the highest priority in air commerce.
(2) before authorizing new air transportation services, evaluating the safety implications of those services.
(3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public.
(4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices.
(5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions.
(6) placing maximum reliance on competitive market forces and on actual and potential competition-
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation.
(7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of-
(A) the commerce of the United States;
(B) the United States Postal Service; and
(C) the national defense.
(8) encouraging air transportation at major urban areas through secondary or satellite airports if consistent with regional airport plans of regional and local authorities, and if endorsed by appropriate State authorities-
(A) encouraging the transportation by air carriers that provide, in a specific market, transportation exclusively at those airports; and
(B) fostering an environment that allows those carriers to establish themselves and develop secondary or satellite airport services.
(9) preventing unfair, deceptive, predatory, or anticompetitive practices in air transportation.
(10) avoiding unreasonable industry concentration, excessive market domination, monopoly powers, and other conditions that would tend to allow at least one air carrier or foreign air carrier unreasonably to increase prices, reduce services, or exclude competition in air transportation.
(11) maintaining a complete and convenient system of continuous scheduled interstate air transportation for small communities and isolated areas with direct financial assistance from the United States Government when appropriate.
(12) encouraging, developing, and maintaining an air transportation system relying on actual and potential competition-
(A) to provide efficiency, innovation, and low prices; and
(B) to decide on the variety and quality of, and determine prices for, air transportation services.
(13) encouraging entry into air transportation markets by new and existing air carriers and the continued strengthening of small air carriers to ensure a more effective and competitive airline industry.
(14) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry.
(15) strengthening the competitive position of air carriers to at least ensure equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation.
(b)
(1) encouraging and developing an expedited all-cargo air transportation system provided by private enterprise and responsive to-
(A) the present and future needs of shippers;
(B) the commerce of the United States; and
(C) the national defense.
(2) encouraging and developing an integrated transportation system relying on competitive market forces to decide the extent, variety, quality, and price of services provided.
(3) providing services without unreasonable discrimination, unfair or deceptive practices, or predatory pricing.
(c)
(1) the requirements of national defense and commercial and general aviation.
(2) the public right of freedom of transit through the navigable airspace.
(d)
(1) assigning, maintaining, and enhancing safety and security as the highest priorities in air commerce.
(2) regulating air commerce in a way that best promotes safety and fulfills national defense requirements.
(3) encouraging and developing civil aeronautics, including new aviation technology.
(4) controlling the use of the navigable airspace and regulating civil and military operations in that airspace in the interest of the safety and efficiency of both of those operations.
(5) consolidating research and development for air navigation facilities and the installation and operation of those facilities.
(6) developing and operating a common system of air traffic control and navigation for military and civil aircraft.
(7) providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances, to the extent consistent with aviation safety.
(e)
(1) strengthening the competitive position of air carriers to ensure at least equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation.
(2) freedom of air carriers and foreign air carriers to offer prices that correspond to consumer demand.
(3) the fewest possible restrictions on charter air transportation.
(4) the maximum degree of multiple and permissive international authority for air carriers so that they will be able to respond quickly to a shift in market demand.
(5) eliminating operational and marketing restrictions to the greatest extent possible.
(6) integrating domestic and international air transportation.
(7) increasing the number of nonstop United States gateway cities.
(8) opportunities for carriers of foreign countries to increase their access to places in the United States if exchanged for benefits of similar magnitude for air carriers or the traveling public with permanent linkage between rights granted and rights given away.
(9) eliminating discrimination and unfair competitive practices faced by United States airlines in foreign air transportation, including-
(A) excessive landing and user fees;
(B) unreasonable ground handling requirements;
(C) unreasonable restrictions on operations;
(D) prohibitions against change of gauge; and
(E) similar restrictive practices.
(10) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry.
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40101(a) | 49 App.:1302(a). | Aug. 23, 1958,
|
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958,
|
|
| 40101(b) | 49 App.:1302(b). | Aug. 23, 1958,
|
| 49 App.:1551(b)(1)(E). | ||
| 40101(c) | 49 App.:1347. | Aug. 23, 1958,
|
| 49 App.:1655(c)(1). | Oct. 15, 1966,
|
|
| 40101(d) | 49 App.:1303. | Aug. 23, 1958,
|
| 49 App.:1655(c)(1). | ||
| 40101(e) | 49 App.:1502(b). | Aug. 23, 1958,
|
| 49 App.:1551(b)(1)(E). | ||
| 40101(f) | 49 App.:1302(c). | Aug. 23, 1958,
|
In this part, the words "overseas air commerce" and "overseas air transportation" are omitted as obsolete because there no longer is a distinction in economic or safety regulation between "interstate" and "overseas" air commerce or air transportation.
In this section, the words "In carrying out . . . this part" are substituted for "In the exercise and performance of its powers and duties under this chapter" in 49 App.:1302(a), "In the exercise and performance of his powers and duties under this chapter" in 49 App.:1303, and "In exercising the authority granted in, and discharging the duties imposed by, this chapter" in 49 App.:1347 for consistency in the revised title and to eliminate unnecessary words.
In subsections (a) and (b), the reference to subpart II is added because the policy applies only to economic issues, and under the Federal Aviation Act of 1958 (
In subsection (a)(2), the word "full" is omitted as surplus. The words "the recommendations of the Secretary of Transportation on" are omitted as obsolete because the Secretary carries out 49 App.:1302(a). The words "and full evaluation of any report or recommendation submitted under section 1307 of this Appendix" are omitted as obsolete because the report and recommendations are no longer required.
In subsection (a)(4), the words "by air carriers and foreign air carriers" are omitted as surplus. The words "unreasonable discrimination" are substituted for "unjust discriminations, undue preferences or advantages" for consistency in the revised title and to eliminate unnecessary words.
In subsection (a)(6)(B), the words "nevertheless", "on the one hand", and "on the other" are omitted as surplus.
In subsection (a)(8), before subclause (A), the word "authorities" is substituted for "entities" for consistency in the revised title and with other titles of the Code. In subclause (A), the words "sole responsibility" are omitted as unnecessary because of the restatement.
In subsection (a)(15), the words "United States" are omitted as surplus because of the definition of "air carrier" in section 40102(a) of the revised title.
In subsection (b)(3), the words "unreasonable discrimination" are substituted for "unjust discriminations, undue preferences or advantages" for consistency in the revised title and to eliminate unnecessary words.
In subsections (c) and (d), the reference to subpart III is added because the policies apply only to safety issues, and under the Federal Aviation Act of 1958 (
In subsection (c), before clause (1), the word "Administrator" in section 306 of the Federal Aviation Act of 1958 (
In subsection (d)(3), the word "both" in 49 App.:1303(c) is omitted as surplus the first time it appears. The words "of the United States" are omitted for consistency in the revised title and because of the definition of "navigable airspace" in section 40102(a) of the revised title. The words "of those operations" are added for clarity.
In subsection (d)(5), the word "both" in 49 App.:1303(e) is omitted as surplus.
In subsection (e), before clause (1), the words "the Congress intends that" are omitted as surplus. In clauses (1) and (4), the words "United States" are omitted as surplus because of the definition of "air carrier" in section 40102(a) of the revised title. In clause (2), the word "prices" is substituted for "fares and rates" because of the definition of "price" in section 40102(a). In clause (8), the words "places in the United States" are substituted for "United States points" for consistency in this chapter. The word "air" is added for clarity and consistency in this subtitle. In clause (9)(C), the word "unreasonable" is substituted for "undue" for consistency in the revised title and with other titles of the United States Code.
Amendments
1996-Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4) to (7).
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by
Short Title of 1999 Amendment
Short Title of 1998 Amendment
Short Title of 1997 Amendment
Short Title of 1996 Amendment
Section 1(a) of
Section 201 of title II of
Section 278(a) of
Section 501 of title V of
Section 601 of title VI of
Section 701 of title VII of
Section 801 of title VIII of
Section 1101 of title XI of
Short Title of 1994 Amendment
Findings
Section 271 of
"(1) The Administration [Federal Aviation Administration] is recognized throughout the world as a leader in aviation safety.
"(2) The Administration certifies aircraft, engines, propellers, and other manufactured parts.
"(3) The Administration certifies more than 650 training schools for pilots and nonpilots, more than 4,858 repair stations, and more than 193 maintenance schools.
"(4) The Administration certifies pilot examiners, who are then qualified to determine if a person has the skills necessary to become a pilot.
"(5) The Administration certifies more than 6,000 medical examiners, each of whom is then qualified to medically certify the qualifications of pilots and nonpilots.
"(6) The Administration certifies more than 470 airports, and provides a limited certification for another 205 airports. Other airports in the United States are also reviewed by the Administration.
"(7) The Administration each year performs more than 355,000 inspections.
"(8) The Administration issues more than 655,000 pilot's licenses and more than 560,000 nonpilot's licenses (including mechanics).
"(9) The Administration's certification means that the product meets world-wide recognized standards of safety and reliability.
"(10) The Administration's certification means aviation-related equipment and services meet world-wide recognized standards.
"(11) The Administration's certification is recognized by governments and businesses throughout the world and as such may be a valuable element for any company desiring to sell aviation-related products throughout the world.
"(12) The Administration's certification may constitute a valuable license, franchise, privilege or benefits for the holders.
"(13) The Administration also is a major purchaser of computers, radars, and other systems needed to run the air traffic control system. The Administration's design, acceptance, commissioning, or certification of such equipment enables the private sector to market those products around the world, and as such confers a benefit on the manufacturer.
"(14) The Administration provides extensive services to public use aircraft."
Purposes
Section 272 of title II of
"(1) to provide a financial structure for the Administration [Federal Aviation Administration] so that it will be able to support the future growth in the national aviation and airport system;
"(2) to review existing and alternative funding options, including incentive-based fees for services, and establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration;
"(3) to ensure that any funding will be dedicated solely for the use of the Administration;
"(4) to authorize the Administration to recover the costs of its services from those who benefit from, but do not contribute to, the national aviation system and the services provided by the Administration;
"(5) to consider a fee system based on the cost or value of the services provided and other funding alternatives;
"(6) to develop funding options for Congress in order to provide for the long-term efficient and cost-effective support of the Administration and the aviation system; and
"(7) to achieve a more efficient and effective Administration for the benefit of the aviation transportation industry."
Independent Assessment of FAA Financial Requirements; Establishment of National Civil Aviation Review Commission
Section 274 of
"(a)
"(1)
"(2)
"(3)
"(A) anticipated air traffic forecasts;
"(B) other workload measures;
"(C) estimated productivity gains, if any, which contribute to budgetary requirements;
"(D) the need for programs; and
"(E) the need to provide for continued improvements in all facets of aviation safety, along with operational improvements in air traffic control.
"(4)
"(5)
"(b)
"(1)
"(2)
"(A) 13 members to be appointed by the Secretary, in consultation with the Secretary of the Treasury, from among individuals who have expertise in the aviation industry and who are able, collectively, to represent a balanced view of the issues important to general aviation, major air carriers, air cargo carriers, regional air carriers, business aviation, airports, aircraft manufacturers, the financial community, aviation industry workers, and airline passengers. At least one member appointed under this subparagraph shall have detailed knowledge of the congressional budgetary process.
"(B) Two members appointed by the Speaker of the House of Representatives.
"(C) Two members appointed by the minority leader of the House of Representatives.
"(D) Two members appointed by the majority leader of the Senate.
"(E) Two members appointed by the minority leader of the Senate.
"(3)
"(4)
"(5)
"(A)
"(B)
"(C)
"(6)
"(A)
"(i)
"(ii)
"(I) shall consider the independent assessment under subsection (a);
"(II) shall consider estimated cost savings, if any, resulting from the procurement and personnel reforms included in this Act [see Tables for classification] or in sections 347 and 348 of
"(III) shall include specific recommendations to Congress on how the Administration can reduce costs, raise additional revenue for the support of agency operations, and accelerate modernization efforts; and
"(IV) shall include a draft bill containing the changes in law necessary to implement its recommendations.
"(B)
"(i) proposals for off-budget treatment of the Airport and Airway Trust Fund;
"(ii) alternative financing and funding proposals, including linked financing proposals;
"(iii) modifications to existing levels of Airport and Airways Trust Fund receipts and taxes for each type of tax;
"(iv) establishment of a cost-based user fee system based on, but not limited to, criteria under subparagraph (F) and methods to ensure that costs are borne by users on a fair and equitable basis;
"(v) methods to ensure that funds collected from the aviation community are able to meet the needs of the agency;
"(vi) methods to ensure that funds collected from the aviation community and passengers are used to support the aviation system;
"(vii) means of meeting the airport infrastructure needs for large, medium, and small airports; and
"(viii) any other matter the task force deems appropriate to address the funding and needs of the Administration and the aviation system.
"(C)
"(i) means of improving productivity by expanding and accelerating the use of automation and other technology;
"(ii) means of contracting out services consistent with this Act, other applicable law, and safety and national defense needs;
"(iii) methods to accelerate air traffic control modernization and improvements in aviation safety and safety services;
"(iv) the elimination of unneeded programs; and
"(v) a limited innovative program based on funding mechanisms such as loan guarantees, financial partnerships with for-profit private sector entities, government-sponsored enterprises, and revolving loan funds, as a means of funding specific facilities and equipment projects, and to provide limited additional funding alternatives for airport capacity development.
"(D)
"(i) safety;
"(ii) administrative costs;
"(iii) the congressional budget process;
"(iv) the economics of the industry (including the proportionate share of all users);
"(v) the ability of the Administration to utilize the sums collected; and
"(vi) the funding needs of the Administration.
"(E)
"(i) state the specific rates for each group affected by the proposed modifications;
"(ii) consider the impact such modifications shall have on specific users and the public (including passengers); and
"(iii) state the basis for the recommendations.
"(F)
"(i) the impact such a recommendation would have on passengers, air fares (including low-fare, high frequency service), service, and competition;
"(ii) existing contributions provided by individual air carriers toward funding the Administration and the air traffic control system through contributions to the Airport and Airways Trust Fund;
"(iii) continuing the promotion of fair and competitive practices;
"(iv) the unique circumstances associated with interisland air carrier service in Hawaii and rural air service in Alaska;
"(v) the impact such a recommendation would have on service to small communities;
"(vi) the impact such a recommendation would have on services provided by regional air carriers;
"(vii) alternative methodologies for calculating fees so as to achieve a fair and reasonable distribution of costs of service among users;
"(viii) the usefulness of phased-in approaches to implementing such a financing system;
"(ix) means of assuring the provision of general fund contributions, as appropriate, toward the support of the Administration; and
"(x) the provision of incentives to encourage greater efficiency in the provision of air traffic services by the Administration and greater efficiency in the use of air traffic services by aircraft operators.
"(7)
"(A)
"(B)
"(i) the adequacy of staffing and training resources for safety personnel of the Administration, including safety inspectors;
"(ii) the Administration's processes for ensuring the public safety from fraudulent parts in civil aviation and the extent to which use of suspected unapproved parts requires additional oversight or enforcement action; and
"(iii) the ability of the Administration to anticipate changes in the aviation industry and to develop policies and actions to ensure the highest level of aviation safety in the 21st century.
"(8)
"(9)
"(10)
"(11)
"(c)
"(1)
"(A)
"(B)
"(C)
"(i) a copy of the final report of the task force; and
"(ii) a draft bill containing the changes in law necessary to implement the Secretary's recommendations.
"(D)
"(2)
"(d)
"(e)
Joint Aviation Research and Development Program
"(a)
"(1) next-generation satellite communications, including global positioning satellites;
"(2) advanced airport and airplane security;
"(3) environmentally compatible technologies, including technologies that limit or reduce noise and air pollution;
"(4) advanced aviation safety programs; and
"(5) technologies and procedures to enhance and improve airport and airway capacity.
"(b)
"(c)
"(1) selected programs that jointly enhance public and private aviation technology development;
"(2) an opportunity for private contractors to be involved in such technology research and development; and
"(3) the transfer of Government-developed technologies to the private sector to promote economic strength and competitiveness.
"(d)
Aircraft Cabin Air Quality Research Program
"(a)
"(1) what, if any, aircraft cabin air conditions, including pressure altitude systems, on flights within the United States are harmful to the health of airline passengers and crew, as indicated by physical symptoms such as headaches, nausea, fatigue, and lightheadedness; and
"(2) the risk of airline passengers and crew contracting infectious diseases during flight.
"(b)
"(c)
"(1) to determine what, if any, cabin air conditions currently exist on domestic aircraft used for flights within the United States that could be harmful to the health of airline passengers and crew, as indicated by physical symptoms such as headaches, nausea, fatigue, and lightheadedness, and including the risk of infection by bacteria and viruses;
"(2) to determine to what extent, changes in, cabin air pressure, temperature, rate of cabin air circulation, the quantity of fresh air per occupant, and humidity on current domestic aircraft would reduce or eliminate the risk of illness or discomfort to airline passengers and crew; and
"(3) to establish a long-term research program to examine potential health problems to airline passengers and crew that may arise in an airplane cabin on a flight within the United States because of cabin air quality as a result of the conditions and changes described in paragraphs (1) and (2).
"(d)
"(e)
"(2) The Administrator shall annually submit to the Congress a report on the progress made during the year for which the report is submitted toward meeting the goals set forth in subsection (c).
"(f)
Information on Disinsection of Aircraft
"(a)
"(b)
"(c)
General Aviation Revitalization Act of 1994
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'General Aviation Revitalization Act of 1994'.
"SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT MANUFACTURERS.
"(a)
"(1) after the applicable limitation period beginning on-
"(A) the date of delivery of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer; or
"(B) the date of first delivery of the aircraft to a person engaged in the business of selling or leasing such aircraft; or
"(2) with respect to any new component, system, subassembly, or other part which replaced another component, system, subassembly, or other part originally in, or which was added to, the aircraft, and which is alleged to have caused such death, injury, or damage, after the applicable limitation period beginning on the date of completion of the replacement or addition.
"(b)
"(1) if the claimant pleads with specificity the facts necessary to prove, and proves, that the manufacturer with respect to a type certificate or airworthiness certificate for, or obligations with respect to continuing airworthiness of, an aircraft or a component, system, subassembly, or other part of an aircraft knowingly misrepresented to the Federal Aviation Administration, or concealed or withheld from the Federal Aviation Administration, required information that is material and relevant to the performance or the maintenance or operation of such aircraft, or the component, system, subassembly, or other part, that is causally related to the harm which the claimant allegedly suffered;
"(2) if the person for whose injury or death the claim is being made is a passenger for purposes of receiving treatment for a medical or other emergency;
"(3) if the person for whose injury or death the claim is being made was not aboard the aircraft at the time of the accident; or
"(4) to an action brought under a written warranty enforceable under law but for the operation of this Act.
"(c)
"(d)
"SEC. 3. OTHER DEFINITIONS.
"For purposes of this Act-
"(1) the term 'aircraft' has the meaning given such term in section 40102(a)(6) of title 49, United States Code;
"(2) the term 'airworthiness certificate' means an airworthiness certificate issued under section 44704(c)(1) of title 49, United States Code, or under any predecessor Federal statute;
"(3) the term 'limitation period' means 18 years with respect to general aviation aircraft and the components, systems, subassemblies, and other parts of such aircraft; and
"(4) the term 'type certificate' means a type certificate issued under section 44704(a) of title 49, United States Code, or under any predecessor Federal statute.
"SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
"(a)
"(b)
National Commission to Ensure a Strong Competitive Airline Industry
Section Referred to in Other Sections
This section is referred to in sections 106, 40105, 40118, 41109, 47101 of this title; title 39 section 5402.