subpart ii—economic regulation
CHAPTER 411 —AIR CARRIER CERTIFICATES
Amendments
1996—
§41101. Requirement for a certificate
(a)
(1) an air carrier may provide air transportation only if the air carrier holds a certificate issued under this chapter authorizing the air transportation;
(2) a charter air carrier may provide charter air transportation only if the charter air carrier holds a certificate issued under this chapter authorizing the charter air transportation; and
(3) an air carrier may provide all-cargo air transportation only if the air carrier holds a certificate issued under this chapter authorizing the all-cargo air transportation.
(b)
(1) may provide transportation for passengers and property that includes through service by the citizen over its routes in the State and in air transportation by an air carrier or foreign air carrier; and
(2) subject to
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41101(a)(1) | 49 App.:1371(a). | Aug. 23, 1958, |
| 41101(a)(2) | 49 App.:1301(14) (related to certificate). | Aug. 23, 1958, |
| 41101(a)(3) | (no source). | |
| 41101(b) | 49 App.:1371(d) (4)(A)(i), (ii) (related to joint services). | Aug. 23, 1958, |
| 41101(c) | 49 App.:1371(i). |
In subsections (a)(2) and (c), the words "issued under this chapter" are added for clarity.
In subsection (a), the word "provide" is substituted for "engage in" for consistency in the revised title. The words before clause (1) are added to inform the reader that other provisions of the chapter and other laws qualify the requirement of being licensed by the Secretary of Transportation. In clause (1), the word "holds" is substituted for "there is in force" to eliminate unnecessary words. The words "under this chapter" are substituted for "by the Board" for clarity. In clause (2), the words "of public convenience and necessity" are omitted as surplus. Clause (3) is included to inform the reader at the beginning of this chapter about all of the types of certificates and permits that the Secretary may issue under this subchapter.
In subsection (b), the word "passengers" is substituted for "persons" for consistency in the revised title. Before clause (1), the words "Notwithstanding any other provision of this chapter" are omitted as surplus. The words "providing transportation" are substituted for "undertakes . . . the carriage of" for consistency in the revised title. The words "or hire" are omitted as surplus and for consistency. The words "for such carriage within such State" are omitted as surplus. In clause (1), the words "through service" are substituted for "transportation" the first time it appears for clarity. In clause (2), the words "the requirements of" and "for such through services" are omitted as surplus.
In subsection (c), the word "property" is omitted as surplus. The words "landing area" are omitted because they are included in the definition of "air navigation facility" in section 40102(a) of the revised title.
§41102. General, temporary, and charter air transportation certificates of air carriers
(a)
(1) air transportation as an air carrier.
(2) temporary air transportation as an air carrier for a limited period.
(3) charter air transportation as a charter air carrier.
(b)
(2) In addition to the findings under paragraph (1) of this subsection, the Secretary, before issuing a certificate under subsection (a) of this section for foreign air transportation, must find that the transportation is consistent with the public convenience and necessity.
(c)
(1) to decide if the projected services, efficiencies, methods, and prices and the projected results will materialize and remain for a sustained period of time; or
(2) to evaluate the new transportation.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41102(a) | 49 App.:1371(d)(1) (words before 1st comma and after semicolon), (2) (1st–32d words). | Aug. 23, 1958, |
| 49 App.:1371(d)(3) (words before 6th comma). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41102(b)(1) | 49 App.:1371(d)(1) (words between 1st and last commas), (2) (42d–last words), (3) (words after 7th comma). | |
| 49 App.:1551(b)(1)(E). | ||
| 41102(b)(2) | 49 App.:1371(d)(1) (words between last comma and semicolon), (2) (33d–41st words), (3) (words between 6th and 7th commas). | |
| 49 App.:1551(a)(1)(A). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | ||
| 41102(c) | 49 App.:1371(d)(8) (1st sentence). | Aug. 23, 1958, |
| 49 App.:1551(a)(1)(B), (b)(1)(E). | ||
| 41102(d) | (no source). |
In this section, the words "citizen of the United States" and "citizen" are substituted for "applicant" for clarity and consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title, and only an air carrier may be a "charter air carrier" as defined in section 40102(a). The word "provide" is substituted for "perform" for consistency in the revised title.
In subsection (a), before clause (1), the words "of public convenience and necessity" are added for clarity. The words "any part of" are substituted for "the whole or any part of" to eliminate unnecessary words. In clauses (2) and (3), the words "In the case of" are omitted as surplus. In clause (3), the words "for such periods" are omitted as surplus.
In subsection (b)(1), the word "comply" is substituted for "conform" for consistency in the revised title. The words "properly" and "requirements" are omitted as surplus. The word "rules" is omitted as being synonymous with "regulations".
In subsection (b)(2), the words "foreign air transportation" are added because 49 App.:1551(a)(1)(A) provides that 49 App.:1371(d)(1)–(3) no longer applies to interstate or overseas transportation of persons. After January 1, 1985, other interstate and overseas air transportation and the domestic air transportation of mail do not require a certificate of public convenience and necessity. See H. Rept. 98–793, 98th Cong., 2d Sess., p.10 (1984).
In subsection (c), before clause (1), the words "issue a certificate" are substituted for "grant an application" for consistency in this chapter. The words "for interstate air transportation (except the transportation of passengers) or foreign air transportation" are added for clarity and consistency. The word "only" is omitted as surplus. In clause (1), the word "prices" is substituted for "rates, fares, charges" because of the definition of "price" in section 40102(a) of the revised title. The words "in fact" are omitted as surplus. In clause (2), the words "to assess the impact of the new services on the national air route structure, or otherwise" are omitted as surplus.
Subsection (d) is added for clarity.
§41103. All-cargo air transportation certificates of air carriers
(a)
(b)
(c)
(d)
(1) is exempt in providing the transportation under the certificate from the requirements of—
(A)
(B) other provisions of this part and regulations or procedures prescribed under those provisions when the Secretary finds under regulations of the Secretary that the exemption is appropriate; and
(2) is an air carrier under this part except to the extent the carrier is exempt under this section from a requirement of this part.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41103(a) | 49 App.:1388(a)(4). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41103(b) | 49 App.:1388(b)(1)(B). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41103(c) | 49 App.:1388(b)(2). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41103(d)(1) | 49 App.:1388(c). | |
| 49 App.:1551(b)(1)(E). | ||
| 41103(d)(2) | 49 App.:1388(d). |
In subsection (a), the words "After the three hundred and sixty-fifth day which begins after November 9, 1977" are omitted as executed. The words "under this section" are omitted as surplus. The words "authorizing the citizen" are added for clarity and consistency in this chapter.
In subsection (b), the words "pursuant to paragraph (4) of subsection (a) of this section" are omitted as surplus. The word "citizen" is substituted for "applicant" for clarity and consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title and only an air carrier can provide all–cargo air transportation. The words "to provide" are added for clarity and consistency in this subchapter. The word "rules" is omitted as being synonymous with "regulations". The word "promulgated" is omitted as surplus.
In subsection (c), the words "reasonable", "and limitations", and "and conditions" are omitted as surplus. The word "places" is substituted for "points" for consistency in the revised title.
Pub. L. 103–429
This amends 49:41103(a) to make the term consistent throughout subtitle VII of title 49.
Amendments
1994—Subsec. (a).
Effective Date of 1994 Amendment
Amendment by
§41104. Additional limitations and requirements of charter air carriers
(a)
(b)
(1)
(A) does not have an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation); or
(B) has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation) if the airport—
(i) is a reliever airport (as defined in section 47102) and is designated as such in the national plan of integrated airports maintained under section 47103; and
(ii) is located within 20 nautical miles (22 statute miles) of 3 or more airports that each annually account for at least 1 percent of the total United States passenger enplanements and at least 2 of which are operated by the sponsor of the reliever airport.
(2)
(3)
(4)
(c)
(1) maintained a principal place of business in Alaska; and
(2) conducted air transport operations between places in Alaska with aircraft with a certificate for gross takeoff weight of more than 40,000 pounds.
(d)
(2) The Secretary shall begin immediately a hearing to decide if the certificate referred to in paragraph (1) of this subsection should be amended, modified, suspended, or revoked. Until the hearing is completed, the Secretary may suspend the certificate for additional periods totaling not more than 60 days. If the Secretary decides that the carrier is complying with the requirements described in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41104(a) | 49 App.:1371(n)(2), (4). | Aug. 23, 1958, |
| 49 App.:1551(a)(1)(E) (related to 49 App.:1371(n)(4)). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41104(b) | 49 App.:1371(n)(3). | |
| 49 App.:1551(b)(1)(E). | ||
| 41104(c) | 49 App.:1371(n)(5). | Aug. 23, 1958, |
| 49 App.:1371(n)(6). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). |
In subsection (a), the word "rule" is omitted as being synonymous with "regulation". The words "charter air transportation" are substituted for "charter trips" for consistency in this part. The text of 49 App.:1371(n)(4) and 1551(n)(1)(E) (related to 49 App.:1371(n)(4)) is omitted because inclusive tour charters have been abolished and charter air carriers have received authority to sell public charter flights directly to the public.
In subsection (b), before clause (1), the words "Notwithstanding any other provision of this subchapter" are omitted as surplus. The words "An air carrier holding" are added for clarity. The words "State of" are omitted as surplus. The word "modifying" is added for consistency in the revised title. The words "citizen of the United States" are substituted for "person" for clarity and consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title.
In subsection (c), the words "the requirements described in" are added for clarity.
In subsection (c)(1), the text of 49 App.:1371(n)(6) is omitted as surplus because of 49:322(a).
In subsection (c)(2), the word "amended" is added for consistency in the revised title.
Amendments
2003—Subsec. (b)(1).
Subsec. (b)(4).
2000—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsecs. (c), (d).
Effective Date of 2003 Amendment
Amendment by
Effective Date of 2000 Amendments
Amendment by
Amendment by
§41105. Transfers of certificates
(a)
(b)
(1) the viability of each carrier involved in the transfer;
(2) competition in the domestic airline industry; and
(3) the trade position of the United States in the international air transportation market.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41105(a) | 49 App.:1371(h)(1). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41105(b) | 49 App.:1371(h)(2), (3). | Aug. 23, 1958, |
Amendments
1996—Subsec. (b).
§41106. Airlift service
(a)
(A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and
(B) holds a certificate issued under
(2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under
(b)
(c)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41106 | 49 App.:1371(o). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
In subsection (a), before clause (1), the word "passengers" is substituted for "persons" for consistency in the revised title. The words "Secretary of Defense" are substituted for "Department of Defense" because of 10:113(a). The words "an air carrier" are substituted for "carriers" for clarity.
In subsection (b), the words "to provide the service" are added for clarity.
Amendments
2011—Subsecs. (a)(1), (b).
Subsec. (c).
Subsec. (e).
2000—Subsec. (a).
Subsecs. (b) to (d).
Effective Date of 2000 Amendment
§41107. Transportation of mail
When the United States Postal Service finds that the needs of the Postal Service require the transportation of mail by aircraft in foreign air transportation or between places in Alaska, in addition to the transportation of mail authorized under certificates in effect, the Postal Service shall certify that finding to the Secretary of Transportation with a statement about the additional transportation and facilities necessary to provide the additional transportation. A copy of each certification and statement shall be posted for at least 20 days in the office of the Secretary. After notice and an opportunity for a hearing, the Secretary shall issue a new certificate under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41107 | 49 App.:1371(m). | Aug. 23, 1958, |
| 49 App.:1551(a)(4)(A) (related to 49 App.:1371(m)), (b)(1)(E). | Aug. 23, 1958, |
The words "from time to time" are omitted as surplus. The words "United States Postal Service" and "Postal Service" are substituted for "Postmaster General" in section 401(m) of the Federal Aviation Act of 1958 (
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41107 | 49 App.:1551(a)(8). | Aug. 23, 1958, |
| 49 App.:1551(b)(3). | Aug. 23, 1958, |
Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (
Amendments
1999—
1994—
Effective Date of 1999 Amendment
Effective Date of 1994 Amendment
§41108. Applications for certificates
(a)
(1) be in the form and contain information required by regulations of the Secretary; and
(2) be accompanied by proof of service on interested persons as required by regulations of the Secretary and on each community that may be affected by the issuance of the certificate.
(b)
(A) provide an opportunity for a public hearing on the application;
(B) begin the procedure under
(C) dismiss the application on its merits.
(2) An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection is a final order and may be reviewed judicially under
(3) If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection, an initial or recommended decision shall be issued not later than 150 days after the date the Secretary provides the opportunity. The Secretary shall issue a final order on the application not later than 90 days after the decision is issued. However, if the Secretary does not act within the 90-day period, the initial or recommended decision on an application to provide—
(A) interstate air transportation is a final order and may be reviewed judicially under
(B) foreign air transportation shall be submitted to the President under
(4) If the Secretary acts under paragraph (1)(B) of this subsection, the Secretary shall issue a final order on the application not later than 180 days after beginning the procedure on the application.
(5) If a citizen applying for a certificate does not meet the procedural schedule adopted by the Secretary in a proceeding, the Secretary may extend the period for acting under paragraphs (3) and (4) of this subsection by a period equal to the period of delay caused by the citizen. In addition to an extension under this paragraph, an initial or recommended decision under paragraph (3) of this subsection may be delayed for not more than 30 days in extraordinary circumstances.
(c)
(2) A person opposing a citizen applying for a certificate must prove that the transportation referred to in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41108(a) | 49 App.:1371(b). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41108(b) | 49 App.:1371(c). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41108(c) | 49 App.:1371(d)(9). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the words "of public convenience and necessity under
In subsection (b)(1), before clause (A), the words "give due notice thereof to the public by" are omitted as surplus. The word "response" is substituted for "protest or memorandum" to eliminate unnecessary words. The words "requested by such application" are omitted as surplus. Clause (A) is substituted for 49 App.:1371(c)(1)(A) for clarity and consistency. Clause (B) is substituted for 49 App.:1371(c)(1)(B) to eliminate unnecessary words.
In subsection (b)(2), the words "An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection" are substituted for "Any order of dismissal of an application issued by the Board without setting such application for a hearing or beginning to make a determination with respect to such application under such simplified procedures" to eliminate unnecessary words.
In subsection (b)(3), before clause (A), the words "If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection" are substituted for "If the Board determines that any application should be set for a public hearing under clause (A) of the second sentence of paragraph (1) of this subsection" to eliminate unnecessary words. The words "provides the opportunity" are substituted for "of such determination" for clarity. The words "for a certificate" are omitted as surplus. The words "to provide" are substituted for "to engage in" for consistency in the revised title.
In subsection (b)(4), the words "If the Secretary acts under paragraph (1)(B) of this subsection" are added for clarity. The words "after beginning the procedure on the application" are substituted for "after the Board begins to make a determination with respect to an application under the simplified procedures established by the Board in regulations pursuant to subsection (p) of this section" to eliminate unnecessary words.
In subsection (b)(5), the word "particular" is omitted as surplus. The words "by order" are omitted as surplus because of 5:ch. 5, subch. II.
In subsection (c)(1), the words "In any determination as to whether or not" are omitted as surplus. The word "provide" is substituted for "perform" for consistency in the revised title. The word "properly" is omitted as surplus. The word "comply" is substituted for "conform" for consistency in the revised title.
In subsection (c)(2), the words "In any determination as to whether" are omitted as surplus. The reference is to section 41102(b)(2), rather than 41102(a), of the revised title to reflect the termination of authority under 49 App.:1551(a)(1)(A).
§41109. Terms of certificates
(a)
(2) The Secretary of Transportation—
(A) may prescribe terms for providing air transportation under the certificate that the Secretary finds may be required in the public interest; but
(B) may not prescribe a term preventing an air carrier from adding or changing schedules, equipment, accommodations, and facilities for providing the authorized transportation to satisfy business development and public demand.
(3) A certificate issued under
(4) A certificate issued under
(5) As prescribed by regulation by the Secretary, an air carrier other than a charter air carrier may provide charter trips or other special services without regard to the places named or type of transportation specified in its certificate.
(b)
(A) provide the carrier an opportunity for an oral evidentiary hearing on the record; or
(B) begin to consider the application under
(2) The Secretary shall modify each term the Secretary finds to be inconsistent with the criteria under section 40101(a) and (b) of this title.
(3) An application under this subsection may not be dismissed under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41109(a)(1) | 49 App.:1371(e)(1) (words before semicolon). | Aug. 23, 1958, |
| 49 App.:1551(a)(1)(C). | Aug. 23, 1958, |
|
| 41109(a)(2) | 49 App.:1371(e)(1) (words after semicolon). | |
| 49 App.:1371(e)(4). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41109(a)(3) | 49 App.:1371(e)(2). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41109(a)(4) | 49 App.:1371(e)(3). | |
| 49 App.:1551(b)(1)(E). | ||
| 41109(b) | 49 App.:1371(e)(7)(B). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). |
In subsection (a)(1), the text of 49 App.:1371(e)(1) (words before semicolon related to terminal and intermediate points) is omitted as obsolete because of 49 App.:1551(a)(1)(C) and because interstate and overseas air transportation is no longer regulated. The words "type of" are added for clarity. The word "provided" is substituted for "rendered" for consistency in the revised title.
In subsection (a)(2), the words before clause (A) are added for clarity. Clause (A) is substituted for 49 App.:1371(e)(1) (words after semicolon) for clarity and consistency and to eliminate unnecessary words. In clause (B), the words "may not prescribe a term preventing" are substituted for "No term, condition, or limitation of a certificate shall restrict the right" for clarity and consistency. The word "providing" is substituted for "performing" for consistency in the revised title.
In subsection (a)(3) and (4), the word "places" is substituted for "points", and the word "provide" is substituted for "engage in", for consistency in the revised title. The words "terminal and intermediate" are omitted as surplus. The words "between which the air carrier is authorized to provide the transportation" are added for clarity and consistency.
In subsection (a)(3), the words "or routes" are omitted because of 1:1. The words "The Secretary" are added for clarity.
In subsection (a)(4), the words "or areas" are omitted because of 1:1.
In subsection (b), the words "condition, or limitation" are omitted as being included in "term".
In subsection (b)(1), before clause (A), the word "modify" is substituted for "removal or modification" to eliminate unnecessary words. The word "provide" is substituted for "engage in" for consistency in the revised title. In clause (A), the words "provide the carrier an opportunity" are substituted for "set such application" for consistency in the revised title and with other titles of the United States Code. In clause (B), the words "the simplified procedures established by the Board in regulations pursuant to" are omitted as surplus.
Pub. L. 104–287
This amends 49:41109(a) to clarify the restatement of 49 App.:1371(e) by section 1 of the Act of July 5, 1994 (
Amendments
1996—Subsec. (a)(5).
Effective Date of 1996 Amendment
Amendment by
§41110. Effective periods and amendments, modifications, suspensions, and revocations of certificates
(a)
(A) the Secretary of Transportation suspends or revokes the certificate under this section;
(B) the end of the period the Secretary specifies for an air carrier having a certificate of temporary authority issued under
(C) the Secretary certifies that transportation is no longer being provided under a certificate.
(2) On application or on the initiative of the Secretary and after notice and an opportunity for a hearing or, except as provided in paragraph (4) of this subsection, under
(A) amend, modify, or suspend any part of a certificate if the Secretary finds the public convenience and necessity require amendment, modification, or suspension; and
(B) revoke any part of a certificate if the Secretary finds that the holder of the certificate intentionally does not comply with this chapter, sections 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742,
(3) The Secretary may revoke a certificate under paragraph (2)(B) of this subsection only if the holder of the certificate does not comply, within a reasonable time the Secretary specifies, with an order to the holder requiring compliance.
(4) A certificate to provide foreign air transportation may not be amended, modified, suspended, or revoked under
(b)
(c)
(A) notifies the Secretary, under
(B) does not provide regularly scheduled transportation to the place for 90 days immediately before the date the Secretary notifies the carrier of the action the Secretary proposes.
(2) Paragraph (1)(B) of this subsection does not apply to a place provided seasonal transportation comparable to the transportation provided during the prior year.
(d)
(1) review the performance of an air carrier issued a certificate under
(2) amend, modify, suspend, or revoke the certificate or authority under subsection (a)(2) or (c) of this section if the air carrier has not provided, or is not providing, the transportation.
(e)
(2) After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend, or revoke any part of a certificate issued under
(A) is not fit, willing, and able to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary; or
(B) does not file reports necessary for the Secretary to decide if the carrier is complying with the requirements of clause (A) of this paragraph.
(f)
(1) in consultation with appropriate departments, agencies, and instrumentalities of the United States Government, shall reexamine immediately the fitness of an air carrier that—
(A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or
(B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and
(2) when appropriate, shall amend, modify, suspend, or revoke the certificate of the carrier issued under this chapter.
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41110(a)(1) | 49 App.:1371(f). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41110(a) (2)–(4) | 49 App.:1371(g)(1). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41110(b) | 49 App.:1388(b)(4). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41110(c) | 49 App.:1371(g)(3). | |
| 49 App.:1551(b)(1)(E). | ||
| 41110(d) | 49 App.:1371(d)(8) (last sentence). | Aug. 23, 1958, |
| 49 App.:1551(a)(1)(B). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | ||
| 41110(e) | 49 App.:1371(r) (related to certificate). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41110(f) | 49 App.:1371a (related to certificate). | Aug. 15, 1985, |
| 41110(g) | 49 App.:1371(g)(2). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a)(1)(C), the words "transportation is no longer being provided under a certificate" are substituted for "operation thereunder has ceased" and "operations thereunder have ceased" for clarity and consistency.
In subsections (a)(2) and (e), the words "opportunity for a" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2), before clause (A), the word "application" is substituted for "petition or complaint" for consistency in the revised title and with other titles of the Code and to eliminate unnecessary words. The words "except as provided in paragraph (4) of this subsection" are added for clarity. The words "the simplified procedures under" are omitted as surplus. In clause (A), the word "alter" is omitted as surplus. In clause (B), the reference to 49 App.:1372 is omitted from the cross-references of "this subchapter" because 49 App.:1372 is concerned with foreign air carrier permits and not relevant to air carrier certificate revocation. The word "rule" is omitted as being synonymous with "regulation". The words "condition, or limitation" are omitted as surplus.
In subsection (a)(3), the words "to the provision, or to the order (other than an order issued in accordance with this sentence), rule, regulation, term, condition, or limitation found by the Board to have been violated" are omitted as surplus.
In subsection (a)(4), the word "provide" is substituted for "engage in" for consistency in the revised title. The words "altered" and "the simplified procedures of" are omitted as surplus.
In subsection (b), the words "to the extent of such service" are omitted as surplus. The word "provided" is substituted for "performed" for consistency in the revised title.
In subsection (c)(1), the word "place" is substituted for "point" for consistency in the revised title. In clause (A), the cross-reference is to section 41734(a) of the revised title for clarity because 49 App.:1371(j) is obsolete. The comparable provision is 49 App.:1389(b)(2), restated as section 41734(a). The words "provided by that carrier" are omitted as surplus. In clause (B), the word "immediately" is added for clarity.
In subsection (d)(2), the words "alter" and "the procedures prescribed in" are omitted as surplus.
In subsections (e) and (f)(2), the word "amend" is added for consistency.
In subsection (e), before clause (1), the words "The requirement that each applicant for a certificate or any other authority . . . shall be a continuing requirement applicable to each such air carrier with respect to the transportation authorized by the Board" are omitted as surplus. The words "by order" are omitted as unnecessary because of 5:ch. 5, subch. II. In clause (1), the word "provide" is substituted for "perform" for consistency in the revised title. The word "properly" is omitted as surplus. The word "comply" is substituted for "conform to" for consistency in the revised title. The word "rules" is omitted as being synonymous with "regulations". The word "requirements" is omitted as surplus.
In subsection (f), before clause (1), the words "Notwithstanding any other provision of law" are omitted as surplus. The words "on and after August 15, 1985" are omitted as executed. In clause (1), before subclause (A), the words "law enforcement and other" are omitted as surplus. The words "departments, agencies, and instrumentalities of the United States Government" are substituted for "agencies" for consistency in the revised title and with other titles of the Code. The words "an air carrier" are substituted for "any carrier" for clarity. In clause (2), the words "of public convenience and necessity" are omitted as surplus. The words "issued under this chapter" are added for clarity.
In subsection (g), the word "response" is substituted for "protest or memorandum" to eliminate unnecessary words. The word "alteration" is omitted as surplus.
Pub. L. 103–429
This amends 49:41110(e) to clarify the restatement of 49 App.:1371(r) (related to certificate) by section 1 of the Act of July 5, 1994 (
Amendments
1994—Subsec. (e).
"(1) is not fit, willing, and able to continue to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary; or
"(2) does not file reports necessary for the Secretary to decide if the carrier is complying with the requirements of clause (1) of this subsection."
Effective Date of 1994 Amendment
Amendment by
§41111. Simplified procedure to apply for, amend, modify, suspend, and transfer certificates
(a)
(A) acting on an application for a certificate to provide air transportation under
(B) amending, modifying, suspending, or transferring any part of that certificate under section 41105 or 41110(a) or (c) of this title.
(2) Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section.
(b)
(c)
(A) deciding whether to use the simplified procedure; and
(B) making a decision on an action in which the procedure is used.
(2) The regulations may provide that written evidence and argument may be filed under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41111(a) | 49 App.:1371(p)(1) (1st, 2d sentences). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41111(b) | 49 App.:1371(p)(2) (1st sentence). | |
| 49 App.:1551(b)(1)(E). | ||
| 41111(c) | 49 App.:1371(p)(1) (last sentence), (2) (last sentence). | |
| 49 App.:1551(b)(1)(E). |
In this section, the words "acting on" and "act on" are substituted for "disposition of" for consistency.
In subsection (a)(1)(A), the word "provide" is substituted for "engage in" for consistency in the revised title.
In subsection (a)(1)(B), the word "alteration" is omitted as surplus.
In subsection (a)(2), the word "adequate" is omitted as surplus.
In subsection (b), the words "to act on an application for a certificate to provide air transportation under
In subsection (c)(2), the words "by such person" are omitted as surplus. The words "a response opposing or supporting the issuance of a certificate" are substituted for "a protest or memorandum filed with respect to such application" for consistency.
§41112. Liability insurance and financial responsibility
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41112 | 49 App.:1371(q). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
In subsection (a), the words "citizen of the United States" and "citizen" are substituted for "applicant for such certificate or the air carrier" for clarity and consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title and receive a certificate. The words "as the case may be" are omitted as surplus. The words "to provide air transportation as an air carrier under
In subsection (b), the word "passengers" is substituted for "travelers" for consistency in this chapter. The words "issued . . . under
§41113. Plans to address needs of families of passengers involved in aircraft accidents
(a)
(b)
(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers.
(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under
(3) An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the air carrier has verified that the passenger was aboard the aircraft (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person.
(4) An assurance that the air carrier will provide to the director of family support services designated for the accident under
(5) An assurance that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the air carrier.
(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the air carrier (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation.
(7) An assurance that any unclaimed possession of a passenger within the control of the air carrier will be retained by the air carrier for at least 18 months.
(8) An assurance that the family of each passenger will be consulted about construction by the air carrier of any monument to the passengers, including any inscription on the monument.
(9) An assurance that the treatment of the families of nonrevenue passengers (and any other victim of the accident, including any victim on the ground) will be the same as the treatment of the families of revenue passengers.
(10) An assurance that the air carrier will work with any organization designated under
(11) An assurance that the air carrier will provide reasonable compensation to any organization designated under
(12) An assurance that the air carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location.
(13) An assurance that the air carrier will commit sufficient resources to carry out the plan.
(14) An assurance that, upon request of the family of a passenger, the air carrier will inform the family of whether the passenger's name appeared on a preliminary passenger manifest for the flight involved in the accident.
(15) An assurance that the air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.
(16) An assurance that the air carrier, in the event that the air carrier volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving any loss of life, will consult with the Board and the Department of State on the provision of the assistance.
(17)(A) An assurance that, in the case of an accident that results in any damage to a manmade structure or other property on the ground that is not government-owned, the air carrier will promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other property about liability for any property damage and means for obtaining compensation.
(B) At a minimum, the written notice shall advise an owner (i) to contact the insurer of the property as the authoritative source for information about coverage and compensation; (ii) to not rely on unofficial information offered by air carrier representatives about compensation by the air carrier for accident-site property damage; and (iii) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with restrictions on access to the accident site.
(18) An assurance that, in the case of an accident in which the National Transportation Safety Board conducts a public hearing or comparable proceeding at a location greater than 80 miles from the accident site, the air carrier will ensure that the proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and destination city of the air carrier's flight if that city is located in the United States.
(c)
(d)
(e)
(f)
(Added
Amendments
2018—Subsec. (a).
Subsec. (b)(9).
Subsec. (b)(16).
Subsec. (b)(17)(A).
2003—Subsec. (b)(16).
Subsec. (b)(17), (18).
2000—Subsec. (a).
Subsec. (b)(14) to (16).
Subsec. (c).
Subsec. (d).
Subsec. (f).
Effective Date of 2003 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by section 402(a)(5)(B) to (c) of
Effective Date
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of
Update Plans
Establishment of Task Force
"(a)
"(b)
"(1) guidelines to assist air carriers in responding to aircraft accidents;
"(2) recommendations on methods to ensure that attorneys and representatives of media organizations do not intrude on the privacy of families of passengers involved in an aircraft accident;
"(3) recommendations on methods to ensure that the families of passengers involved in an aircraft accident who are not citizens of the United States receive appropriate assistance;
"(4) recommendations on methods to ensure that State mental health licensing laws do not act to prevent out-of-state mental health workers from working at the site of an aircraft accident or other related sites;
"(5) recommendations on the extent to which military experts and facilities can be used to aid in the identification of the remains of passengers involved in an aircraft accident; and
"(6) recommendations on methods to improve the timeliness of the notification provided by air carriers to the families of passengers involved in an aircraft accident, including—
"(A) an analysis of the steps that air carriers would have to take to ensure that an accurate list of passengers on board the aircraft would be available within 1 hour of the accident and an analysis of such steps to ensure that such list would be available within 3 hours of the accident;
"(B) an analysis of the added costs to air carriers and travel agents that would result if air carriers were required to take the steps described in subparagraph (A);
"(C) an analysis of any inconvenience to passengers, including flight delays, that would result if air carriers were required to take the steps described in subparagraph (A); and
"(D) an analysis of the implications for personal privacy that would result if air carriers were required to take the steps described in subparagraph (A).
"(c)
Limitation on Statutory Construction
CHAPTER 413 —FOREIGN AIR TRANSPORTATION
Amendments
1997—
1994—
§41301. Requirement for a permit
A foreign air carrier may provide foreign air transportation only if the foreign air carrier holds a permit issued under this chapter authorizing the foreign air transportation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41301 | 49 App.:1372(a). | Aug. 23, 1958, |
The word "provide" is substituted for "engage in" for consistency in the revised title. The word "holds" is substituted for "there is in force" to eliminate unnecessary words.
§41302. Permits of foreign air carriers
The Secretary of Transportation may issue a permit to a person (except a citizen of the United States) authorizing the person to provide foreign air transportation as a foreign air carrier if the Secretary finds that—
(1) the person is fit, willing, and able to provide the foreign air transportation to be authorized by the permit and to comply with this part and regulations of the Secretary; and
(2)(A) the person is qualified, and has been designated by the government of its country, to provide the foreign air transportation under an agreement with the United States Government; or
(B) the foreign air transportation to be provided under the permit will be in the public interest.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41302 | 49 App.:1372(b). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
In this section, before clause (1), the words "person (except a citizen of the United States)" and "person" are substituted for "applicant" for clarity and consistency because only a person other than a United States citizen may be a "foreign air carrier" as defined in section 40102(a) of the revised title. In clauses (1) and (2), the word "provide" is substituted for "perform" for consistency in the revised title. In clause (1), the word "properly" is omitted as surplus. The word "comply" is substituted for "conform" for consistency in the revised title. The word "rules" is omitted as being synonymous with "regulations". The word "requirements" is omitted as surplus. In clause (2)(A), the words "government of its country" are substituted for "its government" for consistency in the revised title and with other titles of the United States Code.
§41303. Transfers of permits
A permit issued under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41303 | 49 App.:1372(g). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
§41304. Effective periods and amendments, modifications, suspensions, and revocations of permits
(a)
(b)
(1) may suspend summarily the permits of foreign air carriers of a foreign country, or amend, modify, or limit the operations of the foreign air carriers under the permits, when the Secretary finds—
(A) the action is in the public interest; and
(B) the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection of the United States Government, has—
(i) limited or denied the operating rights of an air carrier; or
(ii) engaged in unfair, discriminatory, or restrictive practices that have a substantial adverse competitive impact on an air carrier related to air transportation to, from, through, or over the territory of the foreign country; and
(2) to make this subsection effective, may restrict operations between the United States and the foreign country by a foreign air carrier of a third country.
(c)
(1) in consultation with appropriate departments, agencies, and instrumentalities of the Government, shall reexamine immediately the fitness of a foreign air carrier that—
(A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or
(B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and
(2) when appropriate, shall amend, modify, suspend, or revoke the permit of the carrier issued under this chapter.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41304(a) | 49 App.:1372(e) (related to duration of permits). | Aug. 23, 1958, |
| 49 App.:1372(f)(1) (1st sentence). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41304(b) | 49 App.:1372(f)(2). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41304(c) | 49 App.:1371a (related to permit). | Aug. 15, 1985, |
| 41304(d) | 49 App.:1372(f)(1) (last sentence). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the words "altered" and "cancelled" are omitted as surplus.
In subsection (b)(1), before clause (A), the words "alter" and "condition" are omitted as surplus. In clause (B)(i) and (ii), the words "United States" before "air carriers" and "carriers" are omitted as surplus and for consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title. In clause (B)(i), the word "impaired" is omitted as surplus.
In subsection (c), before clause (1), the words "Notwithstanding any other provision of law" are omitted as surplus. The words "on and after August 15, 1985" are omitted as executed. In clause (1), before subclause (A), the words "law enforcement and other" are omitted as surplus. The words "departments, agencies, and instrumentalities of the Government" are substituted for "agencies" for consistency in the revised title and with other titles of the Code. The words "a foreign air carrier" are substituted for "any carrier" for clarity. In clause (2), the words "of public convenience and necessity" are omitted as surplus. The word "amend" is added for consistency. The words "issued under this chapter" are added for clarity.
In subsection (d), the word "response" is substituted for "protest or memorandum" to eliminate unnecessary words. The words "alteration" and "cancellation" are omitted as surplus.
§41305. Applications for permits
(a)
(A) verified;
(B) in a certain form and contain certain information;
(C) served on interested persons; and
(D) accompanied by proof of service on those persons.
(2) When an application is filed, the Secretary shall post a notice of the application in the office of the Secretary and give notice of the application to other persons as required by regulations of the Secretary. An interested person may file a response with the Secretary opposing or supporting the issuance of the permit. The Secretary shall act on an application as expeditiously as possible.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41305(a)(1) | 49 App.:1372(c). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41305(a)(2) | 49 App.:1372(d). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41305(b) | 49 App.:1372(e) (related to terms, conditions, or limitations of permits). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a)(1), before clause (A), the words "A person must apply . . . to the Secretary of Transportation to be issued a permit under
In subsection (a)(2), the words "give due notice thereof to the public by" are omitted as surplus. The word "response" is substituted for "protest or memorandum" to eliminate unnecessary words. The word "expeditiously" is substituted for "speedily" for consistency in this chapter.
In subsection (b), the words "reasonable" and "conditions, or limitations" are omitted as surplus. The words "for providing foreign air transportation" are added for clarity.
§41306. Simplified procedure to apply for, amend, modify, and suspend permits
(a)
(1) acting on an application for a permit to provide foreign air transportation under
(2) amending, modifying, or suspending any part of that permit under section 41304(a) or (b) of this title.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41306(a) | 49 App.:1372(h) (1st sentence). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41306(b) | 49 App.:1372(h) (last sentence). |
In subsection (a)(1), the words "acting on" are substituted for "disposition of" for consistency. The word "provide" is substituted for "engage in" for consistency in the revised title.
In subsection (a)(2), the word "alteration" is omitted as surplus. The word "transfer" is omitted because 49 App.:1372(f) does not cover transfer of a permit.
In subsection (b), the word "adequate" is omitted as surplus.
§41307. Presidential review of actions about foreign air transportation
The Secretary of Transportation shall submit to the President for review each decision of the Secretary to issue, deny, amend, modify, suspend, revoke, or transfer a certificate issued under
(1) is void if the President disapproves the decision and publishes the reasons (to the extent allowed by national security) for disapproval not later than 60 days after it is submitted to the President; or
(2)(A) takes effect as a decision of the Secretary if the President does not disapprove the decision not later than 60 days after the decision is submitted to the President; and
(B) when effective, may be reviewed judicially under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41307 | 49 App.:1461(a). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
In this section, before clause (1), the word "cancellation" is omitted as surplus. The word "modify" is added for consistency. The words "and the terms, conditions, and limitations contained in" are omitted as surplus. The words "issued under
Executive Order No. 11920
Ex. Ord. No. 11920, June 10, 1976, 41 F.R. 23665, which provided for establishment of Executive branch procedures to facilitate review of submitted decisions, was revoked by Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R. 5029.
Executive Order No. 12547
Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R. 5029, which provided for establishment of procedures to facilitate Presidential review of international aviation decisions submitted by Department of Transportation, was revoked by Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 18335, set out below.
Ex. Ord. No. 12597. Establishing Procedures for Facilitating Presidential Review of International Aviation Decisions by the Department of Transportation
Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 18335, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 801 of the Federal Aviation Act, as amended (49 U.S.C. app. §1461) [see
(b) In the interests of national security, and in order to allow for consideration of appropriate action under [former] Executive Order No. 12356, decisions of the DOT transmitted to Executive departments and agencies pursuant to section 3(c) of this Order shall be withheld from public disclosure for a period not to exceed 5 days after said transmission.
(c) At the same time that decisions of the DOT are received by the Secretary of Transportation pursuant to section 2 of this Order, the DOT shall transmit copies thereof to the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Attorney General, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and any other Executive department or agency that the DOT deems appropriate.
(d) The Secretary of State and the Secretary of Defense, or their designees, shall review the decisions of the DOT transmitted pursuant to section 3(c) of this Order and shall promptly advise the Assistant to the President for National Security Affairs or his designee whether action pursuant to Executive Order No. 12356 is deemed appropriate. If, after considering these recommendations, the Assistant to the President for National Security Affairs determines that classification under Executive Order No. 12356 is appropriate, he shall take such action and immediately so inform the DOT. Action pursuant to this subsection shall be completed by the persons designated herein within 5 days of the transmission of the decision.
(e) On and after the 6th day following transmission of a DOT decision pursuant to section 3(c) of this Order, or upon earlier notification by the Assistant to the President for National Security Affairs or his designee, the DOT is authorized to disclose all unclassified portions of the text of such decision. Nothing in this section is intended to affect the ability to withhold material under any Executive order or statute other than Section 801.
(b) Departments and agencies outside of the Executive Office of the President that identify matters of national defense or foreign relations while a decision is pending before the DOT shall, except as confidentiality is required for reasons of defense or foreign policy, make those matters known to the DOT in the course of its proceedings.
(b) Departments or agencies outside of the Executive Office of the President making recommendations on matters of national defense or foreign relations with respect to any decision received by the Secretary of Transportation under section 2 of this Order shall submit their recommendations in writing to the DOT: (1) within 4 days of the DOT's issuance of a decision subject to a 10-day statutory review period under Section 801(b) [see
(c) The DOT shall, as soon as practical after the deadlines specified in section 5(b) of this Order: (1) if no recommendations for disapproval or for a statement of reasons are received from the departments and agencies specified in section 3(c) of this Order, issue its decision to become effective according to its terms; or (2) if recommendations for disapproval or for a statement of reasons are received, transmit them to the Assistant to the President for National Security Affairs, who, upon review, shall transmit a memorandum to the President with a recommendation as to whether or not the President should disapprove the proposed decision.
(b) If any department or agency that made recommendations to the President pursuant to Section 801 believes that, if the President decides not to disapprove a decision, the letter so advising the DOT should include a statement that the decision not to disapprove was based on national defense or foreign relations reasons, it should so indicate separately and explain why.
(a) establish public dockets for all written communications (other than those requiring confidential treatment for defense or foreign policy reasons) between their officers and employees and private parties in connection with the preparation of such recommendations; and
(b) prescribe such other procedures governing oral and written communications as they deem appropriate.
Ronald Reagan.
§41308. Exemption from the antitrust laws
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41308 | 49 App.:1384. | Aug. 23, 1958, |
| 49 App.:1551(a)(6) (related to 49 App.:1384). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(C) (related to 49 App.:1384). | Aug. 23, 1958, |
Subsection (a) is substituted for "the 'anti-trust laws' set forth in subsection (a) of
In subsection (b), reference to 49 App.:1378 and 1379 is omitted as obsolete.
§41309. Cooperative agreements and requests
(a)
(b)
(1) or, after periodic review, end approval of, an agreement, request, modification, or cancellation, that substantially reduces or eliminates competition unless the Secretary finds that—
(A) the agreement, request, modification, or cancellation is necessary to meet a serious transportation need or to achieve important public benefits (including international comity and foreign policy considerations); and
(B) the transportation need cannot be met or those benefits cannot be achieved by reasonably available alternatives that are materially less anticompetitive; or
(2) an agreement that—
(A) is between an air carrier not directly operating aircraft in foreign air transportation and a carrier subject to subtitle IV of this title; and
(B) governs the compensation the carrier may receive for the transportation.
(c)
(2) In a proceeding before the Secretary of Transportation applying standards under subsection (b)(1) of this section, a party opposing an agreement, request, modification, or cancellation has the burden of proving that it substantially reduces or eliminates competition and that less anticompetitive alternatives are available. The party defending the agreement, request, modification, or cancellation has the burden of proving the transportation need or public benefits.
(3) The Secretary of Transportation shall include the findings required by subsection (b)(1) of this section in an order of the Secretary approving or disapproving an agreement, request, modification, or cancellation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41309(a) | 49 App.:1382(a)(1). | Aug. 23, 1958, |
| 49 App.:1551(a)(6) (related to 49 App.:1382). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(C) (related to 49 App.:1382(a)). | Aug. 23, 1958, |
|
| 41309(b) | 49 App.:1382(a)(2)(A). | |
| 49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)). | ||
| 41309(c)(1) | 49 App.:1382(b). | |
| 49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(b)). | ||
| 41309(c)(2) | 49 App.:1382(a)(2)(B). | |
| 41309(c)(3) | 49 App.:1382(a)(2)(C). | |
| 49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)). |
In this section, the word "contract" is omitted as being included in "agreement".
In subsection (a), the words "(whether enforceable by provisions for liquidated damages, penalties, bonds, or otherwise)" are omitted as surplus. The words "(except an agreement related to interstate air transportation)" and "(except arrangements related to interstate air transportation)" are added because of 49 App.:1551(a)(6) (related to 49 App.:1382). The word "working" is omitted as surplus. The words "in force on October 24, 1978, or thereafter entered into" are omitted as executed. The words "and any modification or cancellation of an agreement" are substituted for "or any modification or cancellation thereof" for clarity and consistency.
In subsection (b), before clause (1), the words "The Board shall by order disapprove any contract, agreement, or request . . . that it finds to be adverse to the public interest or in violation of this chapter" are omitted as surplus because of the language restated in this subsection that sets out the requirements for approval by the Secretary of Transportation before the antitrust exemption is effective. The words "whether or not previously approved by it" are omitted as surplus because of the language in clause (1) requiring periodic review and continuing approval. The words "by order" are omitted as unnecessary because of 5:ch. 5, subch. II. The text of 49 App.:1382(a)(2)(A)(iii) is omitted as obsolete because of 49 App.:1551(a)(6) (related to 49 App.:1382).
In subsection (c)(1), the words "in accordance with regulations which it prescribes" are omitted as surplus. The words "in accordance with regulations prescribed by the Board" are omitted as surplus.
Pub. L. 104–287
This amends 49:41309(b)(2)(B) for consistency in the subsection.
Amendments
1996—Subsec. (b)(2)(B).
1995—Subsec. (b)(2)(A).
Effective Date of 1995 Amendment
Amendment by
Air Transportation Arrangements in Certain States
§41310. Discriminatory practices
(a)
(b)
(2) The Secretary of the Treasury shall maintain an account to credit money collected under paragraph (1) of this subsection. An air carrier shall be paid from the account an amount certified by the Secretary of Transportation to compensate the air carrier for the discriminatory charge paid to the government.
(c)
(A) is an unjustifiable or unreasonable discriminatory, predatory, or anticompetitive practice against an air carrier; or
(B) imposes an unjustifiable or unreasonable restriction on access of an air carrier to a foreign market.
(2) The Secretary of Transportation may deny, amend, modify, suspend, revoke, or transfer under paragraph (1) of this subsection a foreign air carrier permit or tariff under
(d)
(A) negotiations with the government have progressed to a point that a satisfactory resolution of the complaint appears imminent;
(B) an air carrier or computer reservations system firm has not been subjected to economic injury by the government or entity as a result of filing the complaint; and
(C) the public interest requires additional time before the Secretary acts on the complaint.
(2) In carrying out paragraph (1) of this subsection and subsection (c) of this section, the Secretary of Transportation shall—
(A) solicit the views of the Secretaries of Commerce and State and the United States Trade Representative;
(B) give an affected air carrier or foreign air carrier reasonable notice and an opportunity to submit written evidence and arguments within the time limits of this subsection; and
(C) submit to the President under
(e)
(A) take appropriate action to eliminate any discrimination or unfair competitive practice found to exist; and
(B) request Congress to enact legislation when the authority to eliminate the discrimination or unfair practice is inadequate.
(2) The Secretary of Transportation shall report to Congress annually on each action taken under paragraph (1) of this subsection and on the continuing program to eliminate discrimination and unfair competitive practices. The Secretaries of State and the Treasury each shall give the Secretary of Transportation information necessary to prepare the report.
(f)
(g)
(1) is an unjustifiable or unreasonable discriminatory, predatory, or anticompetitive practice against a computer reservations system firm whose principal offices are located inside the United States; or
(2) imposes an unjustifiable or unreasonable restriction on access of such a computer reservations system to a foreign market.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41310(a) | 49 App.:1374(b). | Aug. 23, 1958, |
| 49 App.:1551(a)(4)(C) (related to 49 App.:1374(b)). | Aug. 23, 1958, |
|
| 41310(b) | 49 App.:1159a. | June 16, 1948, ch. 473, |
| 41310(c) | 49 App.:1159b(b)(1). | Jan. 3, 1975, |
| 41310(d)(1) | 49 App.:1159b(b)(2), (4). | |
| 41310(d)(2) | 49 App.:1159b(b)(3). | Jan. 3, 1975, |
| 41310(e)(1) | 49 App.:1159b(a). | Jan. 3, 1975, |
| 49 App.:1159b(c). | Jan. 3, 1975, |
|
| 41310(e)(2) | 49 App.:1159b(d). | Jan. 3, 1975, |
| 41310(f) | 49 App.:1159b(e). |
In subsection (a), the words "may not subject . . . to unreasonable discrimination" are substituted for "No . . . shall make, give, or cause any undue or unreasonable preference or advantage . . . in any respect whatsoever or subject . . . to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever" to eliminate unnecessary words. The words "foreign air transportation" are substituted for "air transportation" because 49 App.:1551(a)(4)(C) provides that 49 App.:1374 no longer applies to interstate or overseas air transportation except insofar as 49 App.:1374 requires air carriers to provide safe and adequate service.
In subsection (b)(1), the words "at any time", "unreasonably exceed comparable charges for furnishing such airport property or airway property in the United States or are otherwise" and "reduce such charges or" are omitted as surplus. The words "the Secretary of State shall promptly report such instances to" are omitted as surplus because the Secretary of Transportation is involved in the negotiations and aware of the failure to end the discrimination. The words "excessive or" are omitted as surplus. The words "or carriers" are omitted because of 1:1.
In subsection (b)(2), the words "in accordance with such regulations as he shall adopt" are omitted as surplus because of 49:322(a). The words "by them" are omitted as surplus.
In subsections (c)–(e), the words "United States" before "air carriers" and "air carrier" are omitted as surplus and for consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title and because 49 App.:1301 applies to this section.
In subsections (c)(1) and (d)(1), before each clause (A), the words "foreign entity" and "entity" are substituted for "instrumentality" for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), the words "alteration", "cancellation", "limitation", and "pursuant to the powers of the Secretary" are omitted as surplus.
In subsection (d)(1), before clause (A), the words "department, agency, or instrumentality of the United States Government" are substituted for "agency of the Government of the United States" for consistency in the revised title and with other titles of the Code. The words "additional periods totaling not more than 30 days" are substituted for "an additional period or periods of up to 30 days each" for clarity because the amendment made by section 10111 of the Omnibus Trade and Competitiveness Act of 1988 (
In subsection (d)(2)(A), the words "the Secretaries of Commerce and State and the United States Trade Representative" are substituted for "the Department of State, the Department of Commerce, and the Office of the United States Trade Representative" because of 15:1501, 22:2651, and 19:2171, respectively.
In subsection (d)(2)(B), the words "as is consistent with acting on the complaint" are omitted as surplus.
In subsection (e)(1), before clause (A), the text of 49 App.:1159b(a) (1st, 2d sentences) is omitted as executed. The words "The Secretaries of State, the Treasury, and Transportation" are substituted for "The Department of State, the Department of the Treasury, the Department of Transportation" because of 22:2651, 31:301(b), and 49:102(b), respectively. The words "the heads of" and "instrumentalities of the Government" are added for consistency in the revised title and with other titles of the Code. The word "jurisdictions" is substituted for "respective functions" for clarity and consistency. In clause (A), the words "within its jurisdiction . . . such forms of" are omitted as surplus. Clause (B) is substituted for 49 App.:1159b(c) to eliminate unnecessary words.
In subsection (e)(2), the words "faced by United States carriers in foreign air transportation", "as may be", and "required by this subsection" are omitted as surplus.
Amendments
2000—Subsec. (d)(1).
Subsec. (d)(1)(B).
Subsec. (e)(1).
Subsec. (g).
1996—Subsec. (f).
Effective Date of 2000 Amendment
Amendment by
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (e)(2) of this section relating to the requirement that the Secretary of Transportation report annually to Congress, see section 3003 of
§41311. Gambling restrictions
(a)
(b)
(1) which when operated may deliver, as the result of the application of an element of chance, any money or property; or
(2) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property.
(Added
Study of Gambling on Commercial Aircraft
"(1) the aviation safety effects of gambling applications on electronic interactive video systems installed on board aircraft for passenger use, including an evaluation of the effect of such systems on the navigational and other electronic equipment of the aircraft, on the passengers and crew of the aircraft, and on issues relating to the method of payment;
"(2) the competitive implications of permitting foreign air carriers only, but not United States air carriers, to install, transport, and operate gambling applications on electronic interactive video systems on board aircraft in the foreign commerce of the United States on flights over international waters, or in fifth freedom city-pair markets; and
"(3) whether gambling should be allowed on international flights, including proposed legislation to effectuate any recommended changes in existing law.
The Secretary shall, within 5 days after the completion of the study, submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives on the results of the study."
§41312. Ending or suspending foreign air transportation
(a)
(1) may end or suspend the transportation to a place under the certificate only when the carrier gives at least 90 days notice of its intention to end or suspend the transportation to the Secretary of Transportation, any community affected by that decision, and the State authority of the State in which a community is located; and
(2) if it is the only air carrier holding a certificate to provide non-stop or single-plane foreign air transportation between 2 places, may end or suspend the transportation between those places only when the carrier gives at least 60 days notice of its intention to end or suspend the transportation to the Secretary and each community directly affected by that decision.
(b)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41312(a) | 49 App.:1371(j)(1) (1st sentence), (2). | Aug. 23, 1958, |
| 49 App.:1551(a)(1)(D). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41312(b) | 49 App.:1371(j)(1) (last sentence). 49 App.:1551(a)(1)(D), (b)(1)(E). |
In the section, the text of 49 App.:1371(j) (related to interstate and overseas transportation of persons) is omitted because of 49 App.:1551(a)(1)(D). The text of 49 App.:1371(j) (related to other interstate and overseas air transportation and the domestic air transportation of mail) is omitted because a certificate of public convenience and necessity is no longer required. See H.R. Rept. 98–793, 98th Cong., 2d Sess., p. 10 (1984). The text of 49 App.:1371(j) (related to essential air transportation) is omitted as superseded by 49 App.:1389, restated as subchapter II of
In subsection (a)(1) and (2), the word "place" is substituted for "point" for consistency in the revised title. The words "by that decision" are added for clarity.
In subsection (a)(1), the words "which it is providing" are omitted as surplus. The word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2), the words "between those places" are substituted for "being provided by such air carrier under such certificate" to eliminate unnecessary words.
In subsection (b), the words "by regulation or otherwise" are omitted as surplus. The words "when the Secretary finds the suspension is in" are substituted for "as may be" for clarity and consistency.
Pub. L. 104–287
This amends 49:41312(a)(1) to conform to the style of title 49.
Amendments
1996—Subsec. (a)(1).
Effective Date
Section effective July 5, 1994, see section 9 of
§41313. Plans to address needs of families of passengers involved in foreign air carrier accidents
(a)
(1)
(2)
(b)
(c)
(1)
(2)
(A) the organization designated for the accident under section 1136(a)(2); or
(B) other suitably trained individuals.
(3)
(4)
(A) the director of family support services designated for the accident under section 1136(a)(1); and
(B) the organization designated for the accident under section 1136(a)(2).
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(A)
(B)
(18)
(d)
(e)
(Added
References in Text
The date of the enactment of this section, referred to in subsec. (c), is the date of enactment of
Amendments
2018—Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(9).
Subsec. (c)(16).
Subsec. (c)(17)(A).
2003—Subsec. (c)(17), (18).
2000—Subsec. (a)(2).
Subsec. (b).
Subsec. (c)(15), (16).
Effective Date of 2003 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by section 403(a) and (b) of
Effective Date
1 So in original. Probably should be "the foreign air carrier will consult".
CHAPTER 415 —PRICING
Amendments
1997—
§41501. Establishing reasonable prices, classifications, rules, practices, and divisions of joint prices for foreign air transportation
Every air carrier and foreign air carrier shall establish, comply with, and enforce—
(1) reasonable prices, classifications, rules, and practices related to foreign air transportation; and
(2) for joint prices established for foreign air transportation, reasonable divisions of those prices among the participating air carriers or foreign air carriers without unreasonably discriminating against any of those carriers.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41501 | 49 App.:1374(a)(2). | Aug. 23, 1958, |
In this chapter, the word "regulation" is omitted in restating the phrase "classifications, rules, regulations, and practices" because it is covered by the word "rules" and to distinguish the rules of an air carrier or foreign air carrier from the regulations of the United States Government. The word "reasonable" is substituted for "just and reasonable" and "just, reasonable, and equitable" for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. The word "prices" is substituted for "fares" and "rates, fares, and charges" because of the definition of "price" in section 40102(a) of the revised title.
In this section, before clause (1), the words "comply with" are substituted for "observe" for consistency in the revised title and with other titles of the United States Code. In clause (1), the words "individual and joint" are omitted as surplus. In clause (2), the words "unreasonably discriminating" are substituted for "unduly prefer or prejudice" for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101.
§41502. Establishing joint prices for through routes with other carriers
(a)
(b)
(1) reasonable prices and reasonable classifications, rules, and practices affecting those prices or the value of the transportation provided under those prices; and
(2) for joint prices established for the through service, reasonable divisions of those joint prices among the participating carriers.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41502(a) | 49 App.:1483(b) (1st sentence). | Aug. 23, 1958, |
| 41502(b) | 49 App.:1483(b) (2d sentence). | |
| 41502(c) | 49 App.:1483(b) (last sentence). | |
| 49 App.:155(b)(1)(E). | Aug. 23, 1958, |
In subsection (a), the words "(except an air express company)" are substituted for "(other than companies engaged in the air express business)" to eliminate unnecessary words.
In subsection (b), before clause (1), the words "participating carriers" are substituted for "carriers parties thereto" and "carriers participating therein" for consistency in this chapter.
In subsection (c), the words "or the Interstate Commerce Commission, as the case may be" are omitted because of 49:10526(a)(8)(B).
Pub. L. 105–102
This amends the catchline for 49:41502 to make a technical and conforming amendment necessary because section 308(l) of the ICC Termination Act (
Amendments
1997—
1995—
Effective Date of 1995 Amendment
Amendment by
§41503. Establishing joint prices for through routes provided by State authorized carriers
Subject to
(1) the sum of the applicable prices for—
(A) the part of the transportation provided in the State and approved by the appropriate State authority; and
(B) the part of the transportation provided by the air carrier or foreign air carrier;
(2) a joint price established and filed under
(3) a joint price prescribed by the Secretary of Transportation under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41503 | 49 App.:1371(d) (4)(A)(ii) (related to joint rates, fares), (B). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
In this section, before clause (1), the words "Notwithstanding any other provision of this chapter" are omitted as surplus. The words "a citizen of the United States providing transportation under
§41504. Tariffs for foreign air transportation
(a)
(1) shall contain—
(A) to the extent the Secretary requires by regulation, a description of the classifications, rules, and practices related to the foreign air transportation;
(B) a statement of the prices in money of the United States; and
(C) other information the Secretary requires by regulation; and
(2) may contain—
(A) a statement of the prices in money that is not money of the United States; and
(B) information that is required under the laws of a foreign country in or to which the air carrier or foreign air carrier is authorized to operate.
(b)
(2) If the effect of a proposed change would be to begin a passenger fare that is outside of, or not covered by, the range of passenger fares specified under section 41509(e)(2) and (3) of this title, the proposed change may be put into effect only on the expiration of 60 days after the notice is filed under regulations prescribed by the Secretary.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41504(a) | 49 App.:1373(a) (1st sentence, 2d sentence words before semicolon, last sentence). | Aug. 23, 1958, |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(a)), (b)(1)(E). | Aug. 23, 1958, |
|
| 41504(b)(1) | 49 App.:1373(c)(1). | Aug. 23, 1958, |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(1)), (b)(1)(E). | ||
| 41504(b)(2) | 49 App.:1373(c)(2). | |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(2)), (b)(1)(E). | ||
| 41504(c) | 49 App.:1373(a) (2d sentence words after semicolon, 3d sentence). | |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(a)), (b)(1)(E). |
In this section, the words "foreign air transportation" are substituted for "air transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft. The words "passenger fare" are substituted for "fare" for consistency in the revised title.
In subsection (a), before clause (1), the word "print" is omitted as being included in "publish". The word "places" is substituted for "points" for consistency in the revised title and with other titles of the United States Code. In clause (1)(A), the word "services" is omitted as being included in "practices". In clauses (1)(B) and (2)(A), the word "lawful" is omitted as surplus.
In subsection (b)(1), the words "for foreign air transportation" are added because of 49 App.:1551(a)(4)(B). See the revision notes for subsection (a) of this section. The words "in the same way as required for a tariff under" are substituted for "in accordance with" for clarity. The words "proposed change in a passenger fare or a charge of another air carrier or foreign air carrier" are substituted for "fares or charges specified in another air carrier's or foreign air carrier's proposed tariff" for clarity and consistency in this section.
In subsection (b)(2), the words "not covered by" are substituted for "to which such range of fares does not apply" to eliminate unnecessary words. The words "subparagraphs (A) and (B) of section 1482(d)(4) of this Appendix . . . section 1482(d)(7) of this Appendix" are omitted because those sections related to interstate and overseas air transportation and the source provisions restated in this section relate to foreign air transportation. In addition, the text of 49 App.:1551(a)(5)(D) provides that 49 App.:1482(d) ceased to be in effect on January 1, 1985, except as related to foreign air transportation. The reference in the source provisions to "section 1482(j)(9) of this Appendix" has been restated as though it were a reference to 49 App.:1482(j)(10) to correct an apparent error in the International Air Transportation Competition Act of 1979 (
§41505. Uniform methods for establishing joint prices, and divisions of joint prices, applicable to commuter air carriers
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41505(a) | 49 App.:1482a(2), (3). | Oct. 24, 1978, |
| 41505(b) | 49 App.:1482a(1) (1st sentence). | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41505(c) | 49 App.:1482a(1) (last sentence). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the text of 49 App.:1482a(2)(A) is omitted as unnecessary because the definition of "air carrier" in 49 App.:1301(3) is restated in section 40102(a) of the revised title and applies to this section and because the functions of the Civil Aeronautics Board under 49 App.:1482a were transferred to the Secretary of Transportation by 49 App.:1551(b)(1)(E) and the complete name of the Secretary is used the first time the term appears in a section. The text of 49 App.:1482a(3) is omitted as executed. The reference in the source provisions to "section 416(b)(3) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1386(b)(3)]" has been restated as though it were a reference to section 416(b)(4) to correct an apparent error in the Airline Deregulation Act of 1978 (
In subsection (b), the words "Except as provided in subsection (c) of this section" are added for clarity. The words "pursuant to its authority" are omitted as surplus.
In subsection (c), the word "passengers" is substituted for "persons" for consistency in the revised title and with other titles of the Code. The words "through service by the commuter air carrier over the commuter air carrier's routes" are substituted for "transportation over its routes" for clarity. The words "between air carriers and commuter air carriers" are omitted as surplus.
§41506. Price division filing requirements for foreign air transportation
Every air carrier and foreign air carrier shall keep currently on file with the Secretary of Transportation, if the Secretary requires, the established divisions of all joint prices for foreign air transportation in which the carrier participates.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41506 | 49 App.:1373(d). | Aug. 23, 1958, |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(d)), (b)(1)(E). | Aug. 23, 1958, |
The words "foreign air transportation" are substituted for "air transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft.
§41507. Authority of the Secretary of Transportation to change prices, classifications, rules, and practices for foreign air transportation
(a)
(1) change the price, classification, rule, or practice as necessary to correct the discrimination; and
(2) order the air carrier or foreign air carrier to stop charging or collecting the discriminatory price or carrying out the discriminatory classification, rule, or practice.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41507(a) | 49 App.:1482(f) (words after 4th comma). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41507(b) | 49 App.:1482(f) (words before 4th comma). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a), before clause (1), the words "individual or joint" are omitted as surplus. The words "charged or received" are substituted for "demanded, charged, collected, or received" to eliminate unnecessary words. The words "unreasonably discriminatory" are substituted for "unjustly discriminatory, or unduly preferential, or unduly prejudicial" for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. In clause (2), the words "carrying out" are substituted for "enforcing" for clarity.
In subsection (b), the words "opportunity for a" are added for consistency in the revised title and with other titles of the United States Code.
§41508. Authority of the Secretary of Transportation to adjust divisions of joint prices for foreign air transportation
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41508(a) | 49 App.:1482(h) (words after 3d comma). | Aug. 23, 1958, |
| 49 App.:1551(a)(5)(D) (related to 49 App.:1482(h)), (b)(1)(E). | Aug. 23, 1958, |
|
| 41508(b) | 49 App.:1482(h) (words before 3d comma). | |
| 49 App.:1551(a)(5)(D) (related to 49 App.:1482(h)), (b)(1)(E). |
In subsection (a), the words "interstate air transportation of persons, air transportation of property within the State of Alaska, air transportation of property within the state of Hawaii, or overseas or" are omitted because 49:1551(a)(5)(D) provides that 49 App.:1482(h) applies only to foreign air transportation. The words "unreasonable or unreasonably discriminatory" are substituted for "unjust, unreasonable, inequitable, or unduly preferential or prejudicial" for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. The words "against any of those carriers" are substituted for "as between the air carriers or foreign air carriers parties thereto" to eliminate unnecessary words. The word "retroactively" is added for clarity.
In subsection (b), the words "an opportunity for a" are added for consistency in the revised title and with other titles of the United States Code.
§41509. Authority of the Secretary of Transportation to suspend, cancel, and reject tariffs for foreign air transportation
(a)
(2) With or without a hearing, the Secretary may cancel or reject an existing or newly filed tariff of a foreign air carrier and prevent the use of a price, classification, rule, or practice when the Secretary decides that the cancellation or rejection is in the public interest.
(3) In deciding whether to cancel or reject a tariff of an air carrier or foreign air carrier under this subsection, the Secretary shall consider—
(A) the effect of the price on the movement of traffic;
(B) the need in the public interest of adequate and efficient transportation by air carriers and foreign air carriers at the lowest cost consistent with providing the transportation;
(C) the standards prescribed under law related to the character and quality of transportation to be provided by air carriers and foreign air carriers;
(D) the inherent advantages of transportation by aircraft;
(E) the need of the air carrier and foreign air carrier for revenue sufficient to enable the air carrier and foreign air carrier, under honest, economical, and efficient management, to provide adequate and efficient air carrier and foreign air carrier transportation;
(F) whether the price will be predatory or tend to monopolize competition among air carriers and foreign air carriers in foreign air transportation;
(G) reasonably estimated or foreseeable future costs and revenues for the air carrier or foreign air carrier for a reasonably limited future period during which the price would be in effect; and
(H) other factors.
(b)
(B) The Secretary may suspend a tariff of a foreign air carrier and the use of a price, classification, rule, or practice when the suspension is in the public interest.
(2) A suspension becomes effective when the Secretary files with the tariff and delivers to the air carrier or foreign air carrier affected by the suspension a written statement of the reasons for the suspension. To suspend a tariff, reasonable notice of the suspension must be given to the affected carrier.
(3) The suspension of a newly filed tariff may be for periods totaling not more than 365 days after the date the tariff otherwise would go into effect. The suspension of an existing tariff may be for periods totaling not more than 365 days after the effective date of the suspension. The Secretary may rescind at any time the suspension of a newly filed tariff and allow the price, classification, rule, or practice to go into effect.
(c)
(2)(A) During the period of suspension, or after the cancellation or rejection, of a newly filed tariff (including a tariff that has gone into effect provisionally), the affected air carrier or foreign air carrier shall maintain in effect and use—
(i) the corresponding seasonal prices, or the classifications, rules, and practices affecting those prices or the value of transportation provided under those prices, that were in effect for the carrier immediately before the new tariff was filed; or
(ii) another price provided for under an applicable intergovernmental agreement or understanding.
(B) If the suspended, canceled, or rejected tariff is the first tariff of the carrier for the covered transportation, the carrier, for the purpose of operations during the period of suspension or pending effectiveness of a new tariff, may file another tariff containing a price or another classification, rule, or practice affecting the price, or the value of the transportation provided under the price, that is in effect (and not subject to a suspension order) for any air carrier providing the same transportation.
(3) If an existing tariff is suspended or canceled, the affected air carrier or foreign air carrier, for the purpose of operations during the period of suspension or pending effectiveness of a new tariff, may file another tariff containing a price or another classification, rule, or practice affecting the price, or the value of the transportation provided under the price, that is in effect (and not subject to a suspension order) for any air carrier providing the same transportation.
(d)
(1) the Secretary, without a hearing—
(A) may suspend any existing tariff of a foreign air carrier providing transportation between the United States and the foreign country for periods totaling not more than 365 days after the date of the suspension; and
(B) may order the foreign air carrier to charge, during the suspension periods, prices that are the same as those contained in a tariff (designated by the Secretary) of an air carrier filed and published under
(2) a foreign air carrier may continue to provide foreign air transportation to the foreign country only if the government or aeronautical authority of the foreign country allows an air carrier to start or continue foreign air transportation to the foreign country at the prices designated by the Secretary.
(e)
(i) for a class of fares existing on October 1, 1979, the fare between 2 places (as adjusted under subparagraph (B) of this paragraph) filed for and allowed by the Civil Aeronautics Board to go into effect after September 30, 1979, and before August 13, 1980 (with seasonal fares adjusted by the percentage difference that prevailed between seasons in 1978), or the fare established under section 1002(j)(8) of the Federal Aviation Act of 1958 (
(ii) for a class of fares established after October 1, 1979, the fare between 2 places in effect on the effective date of the establishment of the new class.
(B) At least once every 60 days for fuel costs, and at least once every 180 days for other costs, the Secretary shall adjust the standard foreign fare level for the particular foreign air transportation to which the standard foreign fare level applies by increasing or decreasing that level by the percentage change from the last previous period in the actual operating cost for each available seat-mile. In adjusting a standard foreign fare level, the Secretary may not make an adjustment to costs actually incurred. In establishing a standard foreign fare level and making adjustments in the level under this paragraph, the Secretary may use all relevant or appropriate information reasonably available to the Secretary.
(2) The Secretary may not decide that a proposed fare for foreign air transportation is unreasonable on the basis that the fare is too low or too high if the proposed fare is neither more than 5 percent higher nor 50 percent lower than the standard foreign fare level for the same or essentially similar class of transportation. The Secretary by regulation may increase the 50 percent specified in this paragraph.
(3) Paragraph (2) of this subsection does not apply to a proposed fare that is not more than—
(A) 5 percent higher than the standard foreign fare level when the Secretary decides that the proposed fare may be unreasonably discriminatory or that suspension of the fare is in the public interest because of an unreasonable regulatory action by the government of a foreign country that is related to a fare proposal of an air carrier; or
(B) 50 percent lower than the standard foreign fare level when the Secretary decides that the proposed fare may be predatory or discriminatory or that suspension of the fare is required because of an unreasonable regulatory action by the government of a foreign country that is related to a fare proposal of an air carrier.
(f)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41509(a)(1) | 49 App.:1482(j)(1) (1st sentence words before semicolon, 2d sentence related to tariffs of air carriers and foreign air carriers), (2) (1st sentence words before semicolon, 2d sentence related to tariffs of air carriers and foreign air carriers). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41509(a)(2) | 49 App.:1482(j)(1) (2d sentence related to tariffs of foreign air carriers), (2) (2d sentence related to tariffs of foreign air carriers). | |
| 49 App.:1551(b)(1)(E). | ||
| 41509(a)(3) | 49 App.:1482(j)(5). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41509(b) | 49 App.:1373(c)(3). | Aug. 23, 1958, |
| 49 App.:1482(j)(1) (1st sentence words after semicolon, 3d sentence), (2) (1st sentence words after semicolon). | ||
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(3)), (b)(1)(E). | ||
| 41509(c)(1) | 49 App.:1482(j)(1) (4th sentence), (2) (3d sentence). | |
| 49 App.:1551(b)(1)(E). | ||
| 41509(c)(2) | 49 App.:1482(j)(1) (5th, last sentences). | |
| 41509(c)(3) | 49 App.:1482(j)(2) (last sentence). | |
| 41509(d) | 49 App.:1482(j)(3). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41509(e) (1)(A) | 49 App.:1482(j)(7). | Aug. 23, 1958, |
| 41509(e) (1)(B) | 49 App.:1482(j)(9). | |
| 49 App.:1551(b)(1)(E). | ||
| 41509(e)(2), (3) | 49 App.:1482(j)(6), (10). | |
| 49 App.:1551(b)(1)(E). | ||
| 41509(f) | 49 App.:1461(b). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41509(g) | 49 App.:1482(j)(4). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a)(1) and (2), the words "take action to" are omitted as surplus.
In subsection (a)(1), the words "individual or joint (between air carriers, between foreign air carriers, or between an air carrier or carriers and a foreign air carrier or carriers)" and "and, if it so orders" are omitted as surplus. The words "unreasonable or unreasonably discriminatory" are substituted for "unjust or unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial" for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101.
In subsection (a)(3), before clause (A), the words "In deciding whether to cancel or reject a tariff of an air carrier or foreign air carrier under this subsection" are substituted for "In exercising and performing its powers and duties under this subsection with respect to the rejection or cancellation of rates for the carriage of persons or property" for consistency in this section and to eliminate unnecessary words. In clause (B), the words "of persons and property" are omitted as surplus.
In subsection (b)(1), the words "contained in the tariff" are added for clarity.
In subsection (b)(1)(A), the words "such hearing and" are omitted as surplus.
In subsection (b)(1)(B), the words "or in the case of" are omitted as surplus.
In subsection (b)(2), the text of 49 App.:1373(c)(3) is omitted as obsolete. Reference to 49 App.:1482(g) is omitted because 49 App.:1482(g) does not relate to foreign air transportation and 49 App.:1551(a)(5)(D) provides that 49 App.:1482(g) ceased to be in effect on January 1, 1985, except insofar as it related to foreign air transportation. Reference to 49 App.:1482(j) is omitted because it consistently has been interpreted that the minimum notice requirement does not apply to foreign air transportation.
In subsection (b)(3), the words "for periods totaling not more than 365 days after" are substituted for "a period or periods not exceeding 365 days in the aggregate beyond the time when" and "a period or periods not exceeding 365 days in the aggregate from" to eliminate unnecessary words.
In subsection (c)(1), the words "a tariff is suspended pending the outcome of a proceeding under subsection (a) of this section" are added for clarity. The words "and the Secretary does not take final action in the proceeding during the suspension period" are substituted for "the proceeding has not been concluded and an order made within the period of suspension or suspensions" and "the proceeding has not been concluded within the period of suspension or suspensions" to eliminate unnecessary words. The words "or if the Board shall otherwise so direct" are omitted as surplus because under subsection (b)(3) of this section the Secretary may rescind a suspension at any time.
In subsection (c)(2)(A), before clause (i), the words "or suspensions" are omitted because of 1:1. In clause (i), the words "corresponding seasonal" are added for clarity.
In subsection (c)(2)(B) and (3), the words "providing the same transportation" are substituted for "engaged in the same foreign air transportation" for consistency in this chapter and to eliminate unnecessary words.
In subsection (c)(2)(B), the words "of the carrier for the covered transportation" and "during the period of suspension or" are added for clarity.
In subsection (c)(3), the words "If an existing tariff is suspended or canceled" are added for clarity. The words "following cancellation of an existing tariff" are omitted as surplus.
In subsection (d), the word "properly" is omitted as surplus. In clause (1)(A), the words "the operation of" are omitted as surplus. The words "periods totaling not more than 365 days after the date of the suspension" are substituted for "for a period or periods not exceeding three hundred and sixty-five days in the aggregate from the date of such suspension" for clarity and to eliminate unnecessary words. In subclause (B), the words "or suspensions" are omitted because of 1:1. In clause (2), the words "by the Secretary" are added for clarity.
In subsection (e)(1)(B), the words "within 30 days after February 15, 1980" are omitted as executed. The words "as the case may be" are omitted as surplus.
In subsection (e)(2), the text of 49 App.:1482(j)(6)(A) is omitted as expired. The words "with respect to any proposed increase filed with the Board after the 180th day after February 15, 1980" and "with respect to any proposed decrease filed after February 15, 1980" are omitted as obsolete. The words "of persons" are omitted as surplus because a "fare" is only for passengers. The words "The Secretary by regulation may increase the 50 percent specified in this paragraph" are substituted for 49 App.:1482(j)(10) for clarity.
In subsection (e)(3)(A), the words "unreasonably discriminatory" are substituted for "unduly preferential, unduly prejudicial, or unjustly discriminatory" to eliminate unnecessary words and for consistency in the revised title. See the revision notes following 49:10101.
In subsection (g), the words "express" and "now . . . or hereafter issued" are omitted as surplus. The words "may provide foreign air transportation only as long as" are substituted for "shall be a condition to the continuation of the affected service" for clarity.
References in Text
Section 1002(j)(8) of the Federal Aviation Act of 1958, referred to in subsec. (e)(1)(A)(i), is section 1002(j)(8) of
§41510. Required adherence to foreign air transportation tariffs
(a)
(1) charge or receive compensation for foreign air transportation that is different from the price specified in the tariff of the carrier that is in effect for that transportation;
(2) refund or remit any part of the price specified in the tariff; or
(3) extend to any person a privilege or facility, related to a matter required by the Secretary of Transportation to be specified in a tariff for foreign air transportation, except as specified in the tariff.
(b)
(1) pay compensation for foreign air transportation of property that is different from the price specified in the tariff in effect for that transportation; or
(2) solicit, accept, or receive—
(A) a refund or remittance of any part of the price specified in the tariff; or
(B) a privilege or facility, related to a matter required by the Secretary to be specified in a tariff for foreign air transportation of property, except as specified in the tariff.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41510(a) | 49 App.:1373(b)(1) (1st sentence). | Aug. 23, 1958, |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(1)), (b)(1)(E). | Aug. 23, 1958, |
|
| 41510(b) | 49 App.:1373(b)(2). | Aug. 23, 1958, |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(2)), (b)(1)(E). |
In this section, the words "greater or less" are omitted as being included in "different". The words "foreign air transportation" are substituted for "air transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs prices for the transportation of mail by aircraft. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft. The words "for any service in connection therewith" are omitted as surplus because the word "transportation" includes any services related to the transportation.
In subsection (a), before clause (1), the words "may not" are substituted for "no . . . shall" and "no . . . shall, in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise" for clarity and to eliminate unnecessary words. In clause (1), the words "demand or collect" are omitted as being included in "charge or receive". The words "then currently" are omitted as surplus. In clause (3), the words "tariff for foreign air transportation" are substituted for "such tariffs" for clarity.
In subsection (b), before clause (1), the words "shipper, consignor, consignee, forwarder, broker, or other . . . or any director, officer, agent, or employee thereof" are omitted as surplus. In clause (1), the words "directly or indirectly, by any device or means" and "currently" are omitted as surplus. In clause (2), before subclause (A), the words "in any manner or by any device, directly or indirectly, through any agent or broker, or otherwise" are omitted as surplus. In subclause (B), the word "favor" is omitted as surplus.
§41511. Special prices for foreign air transportation
(a)
(1) a director, officer, or employee of the carrier (including a retired director, officer, or employee who is receiving retirement benefits from an air carrier or foreign air carrier).
(2) a parent or the immediate family of such an officer or employee or the immediate family of such a director.
(3) a widow, widower, or minor child of an employee of the carrier who died as a direct result of a personal injury sustained when performing a duty in the service of the carrier.
(4) a witness or attorney attending a legal investigation in which the air carrier is interested.
(5) an individual injured in an aircraft accident and a physician or nurse attending the individual.
(6) a parent or the immediate family of an individual injured or killed in an aircraft accident when the transportation is related to the accident.
(7) an individual or property to provide relief in a general epidemic, pestilence, or other emergency.
(8) other individuals under other circumstances the Secretary prescribes by regulation.
(b)
(1) a minister of religion.
(2) an individual who is at least 60 years of age and no longer gainfully employed.
(3) an individual who is at least 65 years of age.
(4) an individual who has severely impaired vision or hearing or another physical or mental handicap and an accompanying attendant needed by that individual.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41511(a) | 49 App.:1373(b)(1) (2d sentence). | Aug. 23, 1958, |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(1)), (b)(1)(E). | Aug. 23, 1958, |
|
| 41511(b) | 49 App.:1373(b)(1) (3d–last sentences). | |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(1)), (b)(1)(E). |
In this section, the words "foreign air transportation" are substituted for "transportation" and "in the case of overseas or foreign air transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft. The word "conditions" is omitted as being included in "terms".
In subsection (a)(7), the words "or other emergency" are substituted for "other calamitous visitation" for consistency.
In subsection (b)(2), the words "no longer gainfully employed" are substituted for "retired" and "For purposes of this subsection, the term 'retired' means no longer gainfully employed as defined by the Board" to eliminate unnecessary words.
In subsection (b)(4), the words "an individual who has severely impaired vision or hearing or another physical or mental handicap" are substituted for "handicapped person" and "For the purposes of this subsection, the term 'handicapped person' means any person who has severely impaired vision or hearing, and any other physically or mentally handicapped person, as defined by the Board" to eliminate unnecessary words.
CHAPTER 417 —OPERATIONS OF CARRIERS
SUBCHAPTER I—REQUIREMENTS
SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE
SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM
Amendments
2018—
2012—
2003—
2000—
1998—
1996—
1994—
SUBCHAPTER I—REQUIREMENTS
§41701. Classification of air carriers
The Secretary of Transportation may establish—
(1) reasonable classifications for air carriers when required because of the nature of the transportation provided by them; and
(2) reasonable requirements for each class when the Secretary decides those requirements are necessary in the public interest.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41701 | 49 App.:1386(a). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
In this section, before clause (1), the words "from time to time" are omitted as unnecessary. In clauses (1) and (2), the word "just" is omitted as being included in "reasonable". In clause (1), the word "groups" is omitted as being included in "classifications". The words "transportation provided" are substituted for "services performed" for consistency in the revised title. In clause (2), the word "requirements" is substituted for "rules and regulations pursuant to and consistent with the provisions of this subchapter" as being more appropriate and for consistency in the revised title.
§41702. Interstate air transportation
An air carrier shall provide safe and adequate interstate air transportation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41702 | 49 App.:1374(a)(1). | Aug. 23, 1958, |
| 49 App.:1551(a)(4)(C) (related to 49 App.:1374(a)(1)). | Aug. 23, 1958, |
This section is substituted for 49 App.:1374(a)(1) because 49 App.:1551(a)(4)(C) provides that 49 App.:1374 no longer applies to interstate or overseas air transportation except insofar as 49 App.:1374 requires air carriers to provide safe and adequate service.
§41703. Navigation of foreign civil aircraft
(a)
(1) if the country of registry grants a similar privilege to aircraft of the United States;
(2) by an airman holding a certificate or license issued or made valid by the United States Government or the country of registry;
(3) if the Secretary of Transportation authorizes the navigation; and
(4) if the navigation is consistent with terms the Secretary may prescribe.
(b)
(1) in the public interest; and
(2) consistent with any agreement between the Government and the government of a foreign country.
(c)
(1) specifically authorized under
(2) under regulations the Secretary prescribes authorizing air carriers to provide otherwise authorized air transportation with foreign registered aircraft under lease or charter to them without crew.
(d)
(e)
(1)
(2)
(A) under the code of a United States air carrier providing air transportation to Alaska;
(B) on an air carrier way bill of an air carrier providing air transportation to Alaska;
(C) under a term arrangement or block space agreement with an air carrier; or
(D) under the code of a United States air carrier for purposes of transportation within the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41703(a) | 49 App.:1508(b) (1st sentence). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41703(b) | 49 App.:1508(b) (2d sentence). | |
| 49 App.:1551(b)(1)(E). | ||
| 41703(c) | 49 App.:1508(b) (3d sentence). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41703(d) | 49 App.:1508(b) (last sentence). |
In subsection (a), the word "country" is substituted for "nation" for consistency in the revised title and with other titles of the United States Code. In clause (3), the words "permit, order, or regulation issued" are omitted as surplus. In clause (4), the words "conditions, and limitations" are omitted as being included in "terms".
In subsection (b)(2), the word "agreement" is substituted for "treaty, convention, or agreement" for clarity and consistency in the revised title. The words "which may be in force" are omitted as surplus. The words "or countries" are omitted because of 1:1.
In subsection (c), before clause (1), the word "place" is substituted for "point", and the word "passengers" is substituted for "persons", for consistency in the revised title.
In subsection (d), the word "affect" is substituted for "limit, modify, or amend" to eliminate unnecessary words.
Amendments
2003—Subsec. (e).
Effective Date of 2003 Amendment
Amendment by
§41704. Transporting property not to be transported in aircraft cabins
Under regulations or orders of the Secretary of Transportation, an air carrier shall transport as baggage the property of a passenger traveling in air transportation that may not be carried in an aircraft cabin because of a law or regulation of the United States. The carrier is liable to pay an amount not more than the amount declared to the carrier by that passenger for actual loss of, or damage to, the property caused by the carrier. The carrier may impose reasonable charges and conditions for its liability.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41704 | 49 App.:1516. | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
The words "as may be necessary", "which . . . lawfully", and "by such person" are omitted as surplus. The words "The carrier is liable to pay an amount not more than" are substituted for "shall assume liability . . . within" for clarity. The words "to such person" are omitted as surplus. The words "The carrier may impose" are added for clarity. The words "terms and" are omitted as covered by "conditions".
Refunds for Delayed Baggage
"(a)
"(1) the air carrier or foreign air carrier fails to deliver the checked baggage to the passenger—
"(A) not later than 12 hours after the arrival of a domestic flight; or
"(B) not later than 15 hours after the arrival of an international flight; and
"(2) the passenger has notified the air carrier or foreign air carrier of the lost or delayed checked baggage.
"(b)
"(1) the deadline relating to a domestic flight may not exceed 18 hours after the arrival of the domestic flight; and
"(2) the deadline relating to an international flight may not exceed 30 hours after the arrival of the international flight."
§41705. Discrimination against handicapped individuals
(a)
(1) the individual has a physical or mental impairment that substantially limits one or more major life activities.
(2) the individual has a record of such an impairment.
(3) the individual is regarded as having such an impairment.
(b)
(c)
(1)
(2)
(3)
(4)
(A) implement a plan, in consultation with the Department of Justice, the United States Architectural and Transportation Barriers Compliance Board, and the National Council on Disability, to provide technical assistance to air carriers and individuals with disabilities in understanding the rights and responsibilities set forth in this section; and
(B) ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41705 | 49 App.:1374(c). | Aug. 23, 1958, |
In this section, before clause (1), the words "on the following grounds" are substituted for "by reason of such handicap" and "For purposes of paragraph (1) of this subsection the term 'handicapped individual' means any individual who" because of the restatement.
References in Text
The date of the enactment of this subsection, referred to in subsec. (c)(4), is the date of enactment of
Amendments
2003—Subsec. (b).
2000—
Effective Date of 2003 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by
Regulations Ensuring Assistance for Passengers With Disabilities in Air Transportation
"(a)
"(1) review, and if necessary revise, applicable regulations to ensure that passengers with disabilities who request assistance while traveling in air transportation receive dignified, timely, and effective assistance at airports and on aircraft from trained personnel; and
"(2) review, and if necessary revise, applicable regulations related to covered air carrier training programs for air carrier personnel, including contractors, who provide physical assistance to passengers with disabilities to ensure that training under such programs—
"(A) occurs on an annual schedule for all new and continuing personnel charged with providing physical assistance; and
"(B) includes, as appropriate, instruction by personnel, with hands-on training for employees who physically lift or otherwise physically assist passengers with disabilities, including the use of relevant equipment.
"(b)
[For definition of "covered air carrier" as used in section 440 of
Airline Passengers With Disabilities Bill of Rights
"(a)
"(b)
"(1) The right of passengers with disabilities to be treated with dignity and respect.
"(2) The right of passengers with disabilities to receive timely assistance, if requested, from properly trained covered air carrier and contractor personnel.
"(3) The right of passengers with disabilities to travel with wheelchairs, mobility aids, and other assistive devices, including necessary medications and medical supplies, including stowage of such wheelchairs, aids, and devices.
"(4) The right of passengers with disabilities to receive seating accommodations, if requested, to accommodate a disability.
"(5) The right of passengers with disabilities to receive announcements in an accessible format.
"(6) The right of passengers with disabilities to speak with a complaint resolution officer or to file a complaint with a covered air carrier or the Department of Transportation.
"(c)
"(d)
"(e)
"(1) on a publicly available internet website of the covered air carrier; and
"(2) in any pre-flight notifications or communications provided to passengers who alert the covered air carrier in advance of the need for accommodations relating to a disability.
"(f)
[For definition of "covered air carrier" as used in section 434 of
Harmonization of Service Animal Standards
"(a)
"(1) to define the term 'service animal' for purposes of air transportation; and
"(2) to develop minimum standards for what is required for service and emotional support animals carried in aircraft cabins.
"(b)
"(1) whether to align the definition of 'service animal' with the definition of that term in regulations of the Department of Justice implementing the Americans with Disabilities Act of 1990 (
"(2) reasonable measures to ensure pets are not claimed as service animals, such as—
"(A) whether to require photo identification for a service animal identifying the type of animal, the breed of animal, and the service the animal provides to the passenger;
"(B) whether to require documentation indicating whether or not a service animal was trained by the owner or an approved training organization;
"(C) whether to require, from a licensed physician, documentation indicating the mitigating task or tasks a service animal provides to its owner; and
"(D) whether to allow a passenger to be accompanied by more than 1 service animal;
"(3) reasonable measures to ensure the safety of all passengers, such as—
"(A) whether to require health and vaccination records for a service animal; and
"(B) whether to require third-party proof of behavioral training for a service animal;
"(4) the impact additional requirements on service animals could have on access to air transportation for passengers with disabilities; and
"(5) if impacts on access to air transportation for passengers with disabilities are found, ways to eliminate or mitigate those impacts.
"(c)
Advisory Committee on the Air Travel Needs of Passengers With Disabilities
"(a)
"(b)
"(1) identify and assess the disability-related access barriers encountered by passengers with disabilities;
"(2) determine the extent to which the programs and activities of the Department of Transportation are addressing the barriers identified in paragraph (1);
"(3) recommend consumer protection improvements to the air travel experience of passengers with disabilities;
"(4) advise the Secretary with regard to the implementation of
"(5) conduct such activities as the Secretary considers necessary to carry out this section.
"(c)
"(1)
"(A) Passengers with disabilities.
"(B) National disability organizations.
"(C) Air carriers.
"(D) Airport operators.
"(E) Contractor service providers.
"(F) Aircraft manufacturers.
"(G) Wheelchair manufacturers.
"(H) National veterans organizations representing disabled veterans.
"(2)
"(3)
"(d)
"(e)
"(f)
"(1)
"(A) an assessment of existing disability-related access barriers, and any emerging disability-related access barriers that will likely be an issue in the next 5 calendar years;
"(B) an evaluation of the extent to which the Department of Transportation's programs and activities are eliminating disability-related access barriers;
"(C) a description of the Advisory Committee's actions;
"(D) a description of improvements related to the air travel experience of passengers with disabilities; and
"(E) any recommendations for legislation, administrative action, or other action that the Advisory Committee considers appropriate.
"(2)
"(g)
"(h)
Training Policies Regarding Assistance for Persons With Disabilities
"(a)
"(1) variations in training programs between air carriers;
"(2) instances since 2005 where the Department of Transportation has requested that an air carrier take corrective action following a review of the air carrier's training programs; and
"(3) actions taken by air carriers following requests described in paragraph (2).
"(b)
Establishment of Higher International Standards
Restrictions on Air Transportation of Peanuts; Scientific Study on Effect of Airborne Particles on Passengers
"(1) provide a peanut-free buffer zone or any other related peanut-restricted area; or
"(2) restrict the distribution of peanuts,
until 90 days after submission to the Congress and the Secretary of a peer-reviewed scientific study that determines that there are severe reactions by passengers to peanuts as a result of contact with very small airborne peanut particles of the kind that passengers might encounter in an aircraft."
Similar provisions were contained in
§41706. Prohibitions against smoking on passenger flights
(a)
(1) in an aircraft in scheduled passenger interstate or intrastate air transportation; or
(2) in an aircraft in nonscheduled passenger interstate or intrastate air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator of the Federal Aviation Administration).
(b)
(1) in an aircraft in scheduled passenger foreign air transportation; and
(2) in an aircraft in nonscheduled passenger foreign air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator or a foreign government).
(c)
(1)
(2)
(d)
(1)
(2)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41706 | 49 App.:1374(d)(1). | Aug. 23, 1958, |
| 49 App.:1374 (note). | Nov. 21, 1989, |
In subsection (a), before clause (1), the words "On and after the date of expiration of the 4-month period following December 22, 1987" are omitted as executed. The words "of an aircraft" are added for clarity. The text of 49 App.:1374 (note) is omitted as executed.
Amendments
2018—Subsecs. (d), (e).
2012—
Subsecs. (a), (b).
"(a)
"(b)
2000—
"(a)
"(1) between places in a State of the United States, the District of Columbia, Puerto Rico, or the Virgin Islands;
"(2) between a place in any jurisdiction referred to in clause (1) of this subsection (except Alaska and Hawaii) and a place in any other of those jurisdictions; or
"(3)(A) scheduled for not more than 6 hours' duration; and
"(B)(i) between a place referred to in clause (1) of this subsection (except Alaska and Hawaii) and Alaska or Hawaii; or
"(ii) between Alaska and Hawaii.
"(b)
Effective Date of 2000 Amendment
§41707. Incorporating contract terms into written instrument
To the extent the Secretary of Transportation prescribes by regulation, an air carrier may incorporate by reference in a ticket or written instrument any term of the contract for providing interstate air transportation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41707 | 49 App.:1381(b). | Aug. 23, 1958, |
§41708. Reports
(a)
(b)
(1)(A) to file annual, monthly, periodical, and special reports with the Secretary in the form and way prescribed by the Secretary; and
(B) to file the reports under oath;
(2) to provide specific answers to questions on which the Secretary considers information to be necessary; and
(3) to file with the Secretary a copy of each agreement, arrangement, contract, or understanding between the carrier and another carrier or person related to transportation affected by this subpart.
(c)
(1)
(2)
(3)
(A) For a diverted flight—
(i) the flight number of the diverted flight;
(ii) the scheduled destination of the flight;
(iii) the date and time of the flight;
(iv) the airport to which the fligh