49 U.S.C. Transportation - Subtitle VII (Aviation)

Page 713

title is in effect, a State or political subdivision
of a State may not have a different motor vehicle theft prevention standard for a motor vehicle or major replacement part.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1093.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

33118 ..........

§ 40101

TITLE 49—TRANSPORTATION

15:2031.

Source (Statutes at Large)
Oct. 20, 1972, Pub. L. 92–513,
86 Stat. 947, § 614; added
Oct. 25, 1984, Pub. L.
98–547, § 101(a), 98 Stat.
2763; Oct. 25, 1992, Pub. L.
102–519, § 306(a), 106 Stat.
3397.

1997—Pub. L. 105–102, § 2(20), Nov. 20, 1997, 111 Stat.
2205, substituted ‘‘PUBLIC AIRPORTS’’ for ‘‘RESERVED’’ in item for part D and added item for chapter 491.
1996—Pub. L. 104–287, § 5(64), Oct. 11, 1996, 110 Stat.
3395, substituted ‘‘RESERVED’’ for ‘‘MISCELLANEOUS’’ in item for part D, struck out item for chapter
491 ‘‘Buy-American Preferences’’, and added items for
part E and chapter 501.
Pub. L. 104–264, title II, § 277(b), Oct. 9, 1996, 110 Stat.
3248, added item for chapter 482.

PART A—AIR COMMERCE AND SAFETY
SUBPART I—GENERAL

CHAPTER 401—GENERAL PROVISIONS
Sec.

The words ‘‘may not have’’ are substituted for ‘‘no
. . . shall have any authority either to establish, or to
continue in effect’’ to eliminate unnecessary words.

40101.
40102.
40103.
40104.

SUBTITLE VII—AVIATION
PROGRAMS

40105.

PART A—AIR COMMERCE AND SAFETY
SUBPART I—GENERAL
Chapter

Sec.

401.

General Provisions ............................. 40101

411.
413.
415.
417.
419.
421.

Air Carrier Certificates .....................
Foreign Air Transportation ..............
Pricing ...................................................
Operations of Carriers .......................
Transportation of Mail ......................
Labor-Management Provisions ........

441.

Registration and Recordation of
Aircraft ...............................................
Insurance ..............................................
Facilities, Personnel, and Research
Safety Regulation ................................
Security .................................................
Alcohol and Controlled Substances
Testing ................................................
Fees .........................................................

SUBPART II—ECONOMIC REGULATION

41101
41301
41501
41701
41901
42101

SUBPART III—SAFETY

443.
445.
447.
449.
451.
453.

44101
44301
44501
44701
44901

40120.
40121.
40122.
40123.

Investigations and Proceedings ...... 46101
Penalties ................................................ 46301
Special Aircraft Jurisdiction of the
United States .................................... 46501

40127.
40128.
40129.

471.
473.
475.

Airport Development ......................... 47101
International Airport Facilities ...... 47301
Noise ....................................................... 47501

481.

Airport and Airway Trust Fund Authorizations ....................................... 48101
Advance Appropriations for Airport and Airway Trust Facilities 48201
Aviation Security Funding ............... 48301

PART C—FINANCING

483.

40113.
40114.
40115.
40116.
40117.
40118.
40119.

40124.
40125.
40126.

PART B—AIRPORT DEVELOPMENT AND NOISE

482.

40112.

45101
45301

SUBPART IV—ENFORCEMENT AND PENALTIES

461.
463.
465.

40106.
40107.
40108.
40109.
40110.
40111.

PART D—PUBLIC AIRPORTS

491.

METROPOLITAN
WASHINGTON
AIRPORTS ......................................... 49101

501.

Buy-American Preferences ............... 50101

PART E—MISCELLANEOUS

AMENDMENTS
2001—Pub. L. 107–71, title I, § 118(c)(2), Nov. 19, 2001,
115 Stat. 628, added item for chapter 483.

Policy.
Definitions.
Sovereignty and use of airspace.
Promotion of civil aeronautics and safety of
air commerce.
International negotiations, agreements, and
obligations.
Emergency powers.
Presidential transfers.
Training schools.
Authority to exempt.
General procurement authority.
Multiyear procurement contracts for services
and related items.
Multiyear procurement contracts for property.
Administrative.
Reports and records.
Withholding information.
State taxation.
Passenger facility fees.
Government-financed air transportation.
Security and research and development activities.
Relationship to other laws.
Air traffic control modernization reviews.
Federal Aviation Administration personnel
management system.
Protection of voluntarily submitted information.
Interstate agreements for airport facilities.
Qualifications for public aircraft status.
Severable services contracts for periods crossing fiscal years.
Prohibitions on discrimination.
Overflights of national parks.
Collaborative decisionmaking pilot program.
AMENDMENTS

2003—Pub. L. 108–176, title IV, § 423(b), Dec. 12, 2003, 117
Stat. 2554, added item 40129.
2000—Pub. L. 106–181, title VII, §§ 702(b)(2), 705(b),
706(b), title VIII, § 803(b), Apr. 5, 2000, 114 Stat. 156–158,
192, added items 40125 to 40128.
1997—Pub. L. 105–102, § 3(d)(1)(B), Nov. 20, 1997, 111
Stat. 2215, amended Pub. L. 104–287, § 5(69)(B). See 1996
Amendment note below.
1996—Pub. L. 104–287, § 5(69)(B), Oct. 11, 1996, 110 Stat.
3396, as amended by Pub. L. 105–102, § 3(d)(1)(B), Nov. 20,
1997, 111 Stat. 2215, added item 40124.
Pub. L. 104–264, title II, § 254, title IV, §§ 401(b)(2),
402(b), Oct. 9, 1996, 110 Stat. 3238, 3255, 3256, inserted
‘‘safety of’’ before ‘‘air commerce’’ in item 40104 and
added item 40121 ‘‘Air traffic control modernization reviews’’ and items 40122 and 40123.

§ 40101. Policy
(a) ECONOMIC REGULATION.—In carrying out
subpart II of this part and those provisions of
subpart IV applicable in carrying out subpart II,

§ 40101

TITLE 49—TRANSPORTATION

the Secretary of Transportation shall consider
the following matters, among others, as being in
the public interest and consistent with public
convenience and necessity:
(1) assigning and maintaining safety as the
highest priority in air commerce.
(2) before authorizing new air transportation
services, evaluating the safety implications of
those services.
(3) preventing deterioration in established
safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in
air transportation and air commerce, and to
maintain the safety vigilance that has evolved
in air transportation and air commerce and
has come to be expected by the traveling and
shipping public.
(4) the availability of a variety of adequate,
economic, efficient, and low-priced services
without unreasonable discrimination or unfair
or deceptive practices.
(5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions.
(6) placing maximum reliance on competitive market forces and on actual and potential
competition—
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to earn adequate profits
and attract capital, considering any material differences between interstate air transportation and foreign air transportation.
(7) developing and maintaining a sound regulatory system that is responsive to the needs
of the public and in which decisions are
reached promptly to make it easier to adapt
the air transportation system to the present
and future needs of—
(A) the commerce of the United States;
(B) the United States Postal Service; and
(C) the national defense.
(8) encouraging air transportation at major
urban areas through secondary or satellite airports if consistent with regional airport plans
of regional and local authorities, and if endorsed by appropriate State authorities—
(A) encouraging the transportation by air
carriers that provide, in a specific market,
transportation exclusively at those airports;
and
(B) fostering an environment that allows
those carriers to establish themselves and
develop secondary or satellite airport services.
(9) preventing unfair, deceptive, predatory,
or anticompetitive practices in air transportation.
(10) avoiding unreasonable industry concentration, excessive market domination, monopoly powers, and other conditions that
would tend to allow at least one air carrier or
foreign air carrier unreasonably to increase
prices, reduce services, or exclude competition
in air transportation.
(11) maintaining a complete and convenient
system of continuous scheduled interstate air
transportation for small communities and iso-

Page 714

lated areas with direct financial assistance
from the United States Government when appropriate.
(12) encouraging, developing, and maintaining an air transportation system relying on
actual and potential competition—
(A) to provide efficiency, innovation, and
low prices; and
(B) to decide on the variety and quality of,
and determine prices for, air transportation
services.
(13) encouraging entry into air transportation markets by new and existing air carriers and the continued strengthening of small
air carriers to ensure a more effective and
competitive airline industry.
(14) promoting, encouraging, and developing
civil aeronautics and a viable, privately-owned
United States air transport industry.
(15) strengthening the competitive position
of air carriers to at least ensure equality with
foreign air carriers, including the attainment
of the opportunity for air carriers to maintain
and increase their profitability in foreign air
transportation.
(16) ensuring that consumers in all regions of
the United States, including those in small
communities and rural and remote areas, have
access to affordable, regularly scheduled air
service.
(b) ALL-CARGO AIR
ATIONS.—In carrying

TRANSPORTATION CONSIDERout subpart II of this part
and those provisions of subpart IV applicable in
carrying out subpart II, the Secretary of Transportation shall consider the following matters,
among others and in addition to the matters referred to in subsection (a) of this section, as
being in the public interest for all-cargo air
transportation:
(1) encouraging and developing an expedited
all-cargo air transportation system provided
by private enterprise and responsive to—
(A) the present and future needs of shippers;
(B) the commerce of the United States;
and
(C) the national defense.
(2) encouraging and developing an integrated
transportation system relying on competitive
market forces to decide the extent, variety,
quality, and price of services provided.
(3) providing services without unreasonable
discrimination, unfair or deceptive practices,
or predatory pricing.

(c) GENERAL SAFETY CONSIDERATIONS.—In carrying out subpart III of this part and those provisions of subpart IV applicable in carrying out
subpart III, the Administrator of the Federal
Aviation Administration shall consider the following matters:
(1) the requirements of national defense and
commercial and general aviation.
(2) the public right of freedom of transit
through the navigable airspace.
(d) SAFETY CONSIDERATIONS IN PUBLIC INTEREST.—In carrying out subpart III of this part and
those provisions of subpart IV applicable in carrying out subpart III, the Administrator shall
consider the following matters, among others,
as being in the public interest:

Page 715

§ 40101

TITLE 49—TRANSPORTATION

(1) assigning, maintaining, and enhancing
safety and security as the highest priorities in
air commerce.
(2) regulating air commerce in a way that
best promotes safety and fulfills national defense requirements.
(3) encouraging and developing civil aeronautics, including new aviation technology.
(4) controlling the use of the navigable airspace and regulating civil and military operations in that airspace in the interest of the
safety and efficiency of both of those operations.
(5) consolidating research and development
for air navigation facilities and the installation and operation of those facilities.
(6) developing and operating a common system of air traffic control and navigation for
military and civil aircraft.
(7) providing assistance to law enforcement
agencies in the enforcement of laws related to
regulation of controlled substances, to the extent consistent with aviation safety.
(e) INTERNATIONAL AIR TRANSPORTATION.—In
formulating United States international air
transportation policy, the Secretaries of State
and Transportation shall develop a negotiating
policy emphasizing the greatest degree of competition compatible with a well-functioning
international air transportation system, including the following:
(1) strengthening the competitive position of
air carriers to ensure at least equality with
foreign air carriers, including the attainment
of the opportunity for air carriers to maintain
and increase their profitability in foreign air
transportation.
(2) freedom of air carriers and foreign air
carriers to offer prices that correspond to consumer demand.
(3) the fewest possible restrictions on charter air transportation.
(4) the maximum degree of multiple and permissive international authority for air carriers so that they will be able to respond
quickly to a shift in market demand.
(5) eliminating operational and marketing
restrictions to the greatest extent possible.
(6) integrating domestic and international
air transportation.
(7) increasing the number of nonstop United
States gateway cities.
(8) opportunities for carriers of foreign countries to increase their access to places in the
United States if exchanged for benefits of
similar magnitude for air carriers or the traveling public with permanent linkage between
rights granted and rights given away.
(9) eliminating discrimination and unfair
competitive practices faced by United States
airlines in foreign air transportation, including—
(A) excessive landing and user fees;
(B) unreasonable ground handling requirements;
(C) unreasonable restrictions on operations;
(D) prohibitions against change of gauge;
and
(E) similar restrictive practices.

(10) promoting, encouraging, and developing
civil aeronautics and a viable, privately-owned
United States air transport industry.
(f) STRENGTHENING COMPETITION.—In selecting
an air carrier to provide foreign air transportation from among competing applicants, the
Secretary of Transportation shall consider, in
addition to the matters specified in subsections
(a) and (b) of this section, the strengthening of
competition among air carriers operating in the
United States to prevent unreasonable concentration in the air carrier industry.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1094;
Pub. L. 104–264, title IV, § 401(a), Oct. 9, 1996, 110
Stat. 3255; Pub. L. 106–181, title II, § 201, Apr. 5,
2000, 114 Stat. 91.)
HISTORICAL AND REVISION NOTES
Revised
Section
40101(a) ......

Source (U.S. Code)
49 App.:1302(a).

49 App.:1551(b)(1)(E).

40101(b) ......

49 App.:1302(b).

40101(c) ......

49 App.:1551(b)(1)(E).
49 App.:1347.
49 App.:1655(c)(1).

40101(d) ......

49 App.:1303.

40101(e) ......

49 App.:1655(c)(1).
49 App.:1502(b).

40101(f) .......

49 App.:1551(b)(1)(E).
49 App.:1302(c).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 102(a), 72 Stat. 740; Nov.
9, 1977, Pub. L. 95–163,
§ 16(b)(1), (2), 91 Stat. 1284;
Oct. 24, 1978, Pub. L.
95–504, § 3(a), 92 Stat. 1705;
restated Feb. 15, 1980, Pub.
L. 96–192, § 2, 94 Stat. 35.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 102(b); added
Nov. 9, 1977, Pub. L. 95–163,
§ 16(b)(3), 91 Stat. 1284.
Aug. 23, 1958, Pub. L. 85–726,
§ 306, 72 Stat. 749.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
§ 103, 72 Stat. 740; Nov. 18,
1988, Pub. L. 100–690,
§ 7202(b), 102 Stat. 4424.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1102(b);
added Feb. 15, 1980, Pub.
L. 96–192, § 17, 94 Stat. 42.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 102(c); added
Oct. 31, 1992, Pub. L.
102–581, § 205, 106 Stat.
4894.

In this part, the words ‘‘overseas air commerce’’ and
‘‘overseas air transportation’’ are omitted as obsolete
because there no longer is a distinction in economic or
safety regulation between ‘‘interstate’’ and ‘‘overseas’’
air commerce or air transportation.
In this section, the words ‘‘In carrying out . . . this
part’’ are substituted for ‘‘In the exercise and performance of its powers and duties under this chapter’’ in 49
App.:1302(a), ‘‘In the exercise and performance of his
powers and duties under this chapter’’ in 49 App.:1303,
and ‘‘In exercising the authority granted in, and discharging the duties imposed by, this chapter’’ in 49
App.:1347 for consistency in the revised title and to
eliminate unnecessary words.
In subsections (a) and (b), the reference to subpart II
is added because the policy applies only to economic issues, and under the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 731), the Civil Aeronautics Board
was given responsibility for economic issues.
In subsection (a)(2), the word ‘‘full’’ is omitted as surplus. The words ‘‘the recommendations of the Secretary of Transportation on’’ are omitted as obsolete
because the Secretary carries out 49 App.:1302(a). The
words ‘‘and full evaluation of any report or recommendation submitted under section 1307 of this Appendix’’ are omitted as obsolete because the report and
recommendations are no longer required.

§ 40101

TITLE 49—TRANSPORTATION

In subsection (a)(4), the words ‘‘by air carriers and
foreign air carriers’’ are omitted as surplus. The words
‘‘unreasonable discrimination’’ are substituted for ‘‘unjust discriminations, undue preferences or advantages’’
for consistency in the revised title and to eliminate unnecessary words.
In subsection (a)(6)(B), the words ‘‘nevertheless’’, ‘‘on
the one hand’’, and ‘‘on the other’’ are omitted as surplus.
In subsection (a)(8), before subclause (A), the word
‘‘authorities’’ is substituted for ‘‘entities’’ for consistency in the revised title and with other titles of the
Code. In subclause (A), the words ‘‘sole responsibility’’
are omitted as unnecessary because of the restatement.
In subsection (a)(15), the words ‘‘United States’’ are
omitted as surplus because of the definition of ‘‘air carrier’’ in section 40102(a) of the revised title.
In subsection (b)(3), the words ‘‘unreasonable discrimination’’ are substituted for ‘‘unjust discriminations, undue preferences or advantages’’ for consistency
in the revised title and to eliminate unnecessary words.
In subsections (c) and (d), the reference to subpart III
is added because the policies apply only to safety issues, and under the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 731), the Federal Aviation Administration was given responsibility for safety issues.
In subsection (c), before clause (1), the word ‘‘Administrator’’ in section 306 of the Federal Aviation Act of
1958 (Public Law 85–726, 72 Stat. 749) is retained on authority of 49:106(g). The words ‘‘consider the following
matters’’ are substituted for ‘‘give full consideration
to’’ for consistency in this section.
In subsection (d)(3), the word ‘‘both’’ in 49 App.:1303(c)
is omitted as surplus the first time it appears. The
words ‘‘of the United States’’ are omitted for consistency in the revised title and because of the definition
of ‘‘navigable airspace’’ in section 40102(a) of the revised title. The words ‘‘of those operations’’ are added
for clarity.
In subsection (d)(5), the word ‘‘both’’ in 49 App.:1303(e)
is omitted as surplus.
In subsection (e), before clause (1), the words ‘‘the
Congress intends that’’ are omitted as surplus. In
clauses (1) and (4), the words ‘‘United States’’ are omitted as surplus because of the definition of ‘‘air carrier’’
in section 40102(a) of the revised title. In clause (2), the
word ‘‘prices’’ is substituted for ‘‘fares and rates’’ because of the definition of ‘‘price’’ in section 40102(a). In
clause (8), the words ‘‘places in the United States’’ are
substituted for ‘‘United States points’’ for consistency
in this chapter. The word ‘‘air’’ is added for clarity and
consistency in this subtitle. In clause (9)(C), the word
‘‘unreasonable’’ is substituted for ‘‘undue’’ for consistency in the revised title and with other titles of the
United States Code.

Page 716

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 Pub. L. 104–264,
set out as a note under section 106 of this title.
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110–135, § 1, Dec. 13, 2007, 121 Stat. 1450, provided that: ‘‘This Act [enacting section 44729 of this
title] may be cited as the ‘Fair Treatment for Experienced Pilots Act’.’’
Pub. L. 110–113, § 1, Nov. 8, 2007, 121 Stat. 1039, provided that: ‘‘This Act [enacting and amending provisions set out as notes under this section] may be cited
as the ‘Procedural Fairness for September 11 Victims
Act of 2007’.’’
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–297, § 1, Aug. 9, 2004, 118 Stat. 1095, provided that: ‘‘This Act [enacting section 44113 of this
title, amending sections 44107 and 44108 of this title,
and enacting provisions set out as notes under section
44101 of this title] may be cited as ‘Cape Town Treaty
Implementation Act of 2004’.’’
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108–176, § 1(a), Dec. 12, 2003, 117 Stat. 2490, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Vision 100—Century of Aviation
Reauthorization Act’.’’
Pub. L. 108–176, title III, § 301, Dec. 12, 2003, 117 Stat.
2533, provided that: ‘‘This title [enacting subchapter III
of chapter 471 of this title, amending sections 40104,
40128, 47106, 47503, and 47504 of this title, and enacting
provisions set out as notes under this section and sections 40128, 47171, 47503, and 47508 of this title] may be
cited as ‘Aviation Streamlining Approval Process Act
of 2003’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–296, title XIV, § 1401, Nov. 25, 2002, 116
Stat. 2300, provided that: ‘‘This title [enacting section
44921 of this title and section 513 of Title 6, Domestic
Security, amending sections 44903 and 44918 of this
title, amending provisions set out as a note under section 114 of this title, and repealing provisions set out as
a note under section 44903 of this title] may be cited as
the ‘Arming Pilots Against Terrorism Act’.’’
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107–71, § 1, Nov. 19, 2001, 115 Stat. 597, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘Aviation and Transportation Security
Act’.’’

AMENDMENTS
2000—Subsec. (a)(16). Pub. L. 106–181 added par. (16).
1996—Subsec. (d)(1). Pub. L. 104–264, § 401(a)(1)(B),
added par. (1). Former par. (1) redesignated (2).
Subsec. (d)(2). Pub. L. 104–264, § 401(a)(1)(A), (2)(A), redesignated par. (1) as (2) and struck out ‘‘its development and’’ after ‘‘best promotes’’. Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 104–264, § 401(a)(1)(A), (2)(B), redesignated par. (2) as (3) and substituted ‘‘encouraging
and developing civil aeronautics, including new aviation technology’’ for ‘‘promoting, encouraging, and developing civil aeronautics’’. Former par. (3) redesignated (4).
Subsec. (d)(4) to (7). Pub. L. 104–264, § 401(a)(1)(A), redesignated pars. (3) to (6) as (4) to (7), respectively.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years

SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106–528, § 1, Nov. 22, 2000, 114 Stat. 2517, provided that: ‘‘This Act [amending sections 106, 41104,
44903, 44935, and 44936 of this title, enacting provisions
set out as notes under sections 106, 44903, and 44936 of
this title, and amending provisions set out as notes
under sections 40128 and 47501 of this title] may be cited
as the ‘Airport Security Improvement Act of 2000’.’’
Pub. L. 106–181, § 1(a), Apr. 5, 2000, 114 Stat. 61, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Wendell H. Ford Aviation Investment and Reform Act for the 21st Century’.’’
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106–6, § 1, Mar. 31, 1999, 113 Stat. 10, provided
that: ‘‘This Act [amending sections 106, 44310, 47104,
47115 to 47117, 48101, and 48103 of this title] may be cited
as the ‘Interim Federal Aviation Administration Authorization Act’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–155, § 1, Feb. 11, 1998, 112 Stat. 5, provided
that: ‘‘This Act [amending section 48102 of this title
and enacting provisions set out as a note under section

Page 717

§ 40101

TITLE 49—TRANSPORTATION

48102 of this title] may be cited as the ‘FAA Research,
Engineering, and Development Authorization Act of
1998’.’’
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105–137, § 1, Dec. 2, 1997, 111 Stat. 2640, provided
that: ‘‘This Act [amending sections 40102, 44302, 44305,
44306, 44308, and 44310 of this title and enacting provisions set out as a note under section 44310 of this title]
may be cited as the ‘Aviation Insurance Reauthorization Act of 1997’.’’
SHORT TITLE OF 1996 AMENDMENT
Section 1(a) of Pub. L. 104–264 provided that: ‘‘This
Act [see Tables for classification] may be cited as the
‘Federal Aviation Reauthorization Act of 1996’.’’
Section 201 of title II of Pub. L. 104–264 provided that:
‘‘This title [enacting sections 40121, 40122, 45301, 45303,
48111, and 48201 of this title, amending sections 106 and
41742 of this title, renumbering section 45303 of this
title as section 45304, repealing former section 45301 of
this title, and enacting provisions set out as notes
under this section and sections 106, 40110, and 41742 of
this title] may be cited as the ‘Air Traffic Management
System Performance Improvement Act of 1996’.’’
Section 278(a) of Pub. L. 104–264 provided that: ‘‘This
section [amending section 41742 of this title and enacting provisions set out as a note under section 41742 of
this title] may be cited as the ‘Rural Air Service Survival Act’.’’
Section 501 of title V of Pub. L. 104–264 provided that:
‘‘This title [amending sections 30305, 44936, and 46301 of
this title and enacting provisions set out as notes
under sections 30305 and 44935 of this title] may be cited
as the ‘Pilot Records Improvement Act of 1996’.’’
Section 601 of title VI of Pub. L. 104–264 provided
that: ‘‘This title [enacting section 44724 of this title]
may be cited as the ‘Child Pilot Safety Act’.’’
Section 701 of title VII of Pub. L. 104–264 provided
that: ‘‘This title [enacting sections 1136 and 41113 of
this title and provisions set out as notes under section
41113 of this title] may be cited as the ‘Aviation Disaster Family Assistance Act of 1996’.’’
Section 801 of title VIII of Pub. L. 104–264 provided
that: ‘‘This title [enacting section 47133 of this title,
amending sections 46301 and 47107 of this title and section 9502 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under section 47107 of
this title] may be cited as the ‘Airport Revenue Protection Act of 1996’.’’
Section 1101 of title XI of Pub. L. 104–264 provided
that: ‘‘This title [amending sections 44501, 44508, and
48102 of this title] may be cited as the ‘FAA Research,
Engineering, and Development Management Reform
Act of 1996’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–305, § 1(a), Aug. 23, 1994, 108 Stat. 1569, provided that: ‘‘This Act [enacting sections 41311, 41714,
41715, 47129, 47130, and 47509 of this title, amending sections 106, 10521, 11501, 40102, 40113, 40116, 40117, 41713,
41734, 44502, 44505, 44938, 45301, 46301, 47101, 47102, 47104 to
47107, 47109 to 47111, 47115, 47117 to 47119, 47504, 48101 to
48104, and 48108 of this title and section 9502 of Title 26,
Internal Revenue Code, renumbering former section
47129 of this title as section 47131 of this title, enacting
provisions set out as notes under this section and sections 10521, 11501, 40102, 40105, 40117, 41311, 41715, 44502,
45102, 47101, 47107, 47124, and 49101 of this title, and repealing provisions set out as a note under section 1348
of former Title 49, Transportation] may be cited as the
‘Federal Aviation Administration Authorization Act of
1994’.’’
Pub. L. 103–305, title III, § 301, Aug. 23, 1994, 108 Stat.
1589, provided that: ‘‘This title [enacting section 47509
of this title, amending sections 44505 and 48102 of this
title, and enacting provisions set out as notes under
this section and section 49101 of this title] may be cited
as the ‘Federal Aviation Administration Research, En-

gineering,
1994’.’’

and

Development

Authorization

Act

of

FINDINGS
Pub. L. 110–113, § 2, Nov. 8, 2007, 121 Stat. 1039, provided that: ‘‘Congress finds the following:
‘‘(1) The September 11th Victims Compensation
Fund of 2001 [title IV of Pub. L. 107–42] (49 U.S.C. 40101
note) establishes a Federal cause of action in the
United States District Court for the Southern District of New York as the exclusive remedy for damages arising out of the hijacking and subsequent
crash of American Airlines flights 11 and 77, and
United Airlines flights 93 and 175, on September 11,
2001.
‘‘(2) Rules 45(b)(2) and 45(c)(3)(A)(ii) of the Federal
Rules of Civil Procedure [28 U.S.C. App.] effectively
limit service of a subpoena to any place within, or
within 100 miles of, the district of the court by which
it is issued, unless a statute of the United States expressly provides that the court, upon proper application and cause shown, may authorize the service of a
subpoena at any other place.
‘‘(3) Litigating a Federal cause of action under the
September 11 Victims Compensation Fund of 2001 is
likely to involve the testimony and the production of
other documents and tangible things by a substantial
number of witnesses, many of whom may not reside,
be employed, or regularly transact business in, or
within 100 miles of, the Southern District of New
York.’’
REVITALIZATION OF AVIATION AND AERONAUTICS
Pub. L. 108–176, § 4, Dec. 12, 2003, 117 Stat. 2493, provided that: ‘‘Congress finds the following:
‘‘(1) The United States has revolutionized the way
people travel, developing new technologies and aircraft to move people more efficiently and more safely.
‘‘(2) Past Federal investment in aeronautics research and development has benefited the economy
and national security of the United States and the
quality of life of its citizens.
‘‘(3) The total impact of civil aviation on the
United States economy exceeds $900,000,000,000 annually and accounts for 9 percent of the gross national
product and 11,000,000 jobs in the national workforce.
Civil aviation products and services generate a significant surplus for United States trade accounts, and
amount to significant numbers of the Nation’s highly
skilled, technologically qualified work force.
‘‘(4) Aerospace technologies, products, and services
underpin the advanced capabilities of our men and
women in uniform and those charged with homeland
security.
‘‘(5) Future growth in civil aviation increasingly
will be constrained by concerns related to aviation
system safety and security, aviation system capabilities, aircraft noise, emissions, and fuel consumption.
‘‘(6) Revitalization and coordination of the United
States efforts to maintain its leadership in aviation
and aeronautics are critical and must begin now.
‘‘(7) A recent report by the Commission on the Future of the United States Aerospace Industry outlined the scope of the problems confronting the aerospace and aviation industries in the United States
and found that—
‘‘(A) aerospace will be at the core of the Nation’s
leadership and strength throughout the 21st century;
‘‘(B) aerospace will play an integral role in the
Nation’s economy, security, and mobility; and
‘‘(C) global leadership in aerospace is a national
imperative.
‘‘(8) Despite the downturn in the global economy,
projections of the Federal Aviation Administration
indicate that upwards of 1,000,000,000 people will fly
annually by 2013. Efforts must begin now to prepare
for future growth in the number of airline passengers.

§ 40101

TITLE 49—TRANSPORTATION

‘‘(9) The United States must increase its investment in research and development to revitalize the
aviation and aerospace industries, to create jobs, and
to provide educational assistance and training to prepare workers in those industries for the future.’’
REPORT ON LONG-TERM ENVIRONMENTAL IMPROVEMENTS
Pub. L. 108–176, title III, § 321, Dec. 12, 2003, 117 Stat.
2540, provided that:
‘‘(a) IN GENERAL.—The Secretary of Transportation,
in consultation with the Administrator of the National
Aeronautics and Space Administration, shall conduct a
study of ways to reduce aircraft noise and emissions
and to increase aircraft fuel efficiency. The study
shall—
‘‘(1) explore new operational procedures for aircraft
to achieve those goals;
‘‘(2) identify both near-term and long-term options
to achieve those goals;
‘‘(3) identify infrastructure changes that would contribute to attainment of those goals;
‘‘(4) identify emerging technologies that might contribute to attainment of those goals;
‘‘(5) develop a research plan for application of such
emerging technologies, including new combustor and
engine design concepts and methodologies for designing high bypass ratio turbofan engines so as to minimize the effects on climate change per unit of production of thrust and flight speed; and
‘‘(6) develop an implementation plan for exploiting
such emerging technologies to attain those goals.
‘‘(b) REPORT.—The Secretary shall transmit a report
on the study to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure within 1 year after the date of enactment of
this Act [Dec. 12, 2003].
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $500,000 for
fiscal year 2004 to carry out this section.’’
REDUCTION OF NOISE AND EMISSIONS FROM CIVILIAN
AIRCRAFT
Pub. L. 108–176, title III, § 326, Dec. 12, 2003, 117 Stat.
2542, provided that:
‘‘(a) ESTABLISHMENT OF RESEARCH PROGRAM.—From
amounts made available under section 48102(a) of title
49, United States Code, the Secretary of Transportation
shall establish a research program related to reducing
community exposure to civilian aircraft noise or emissions through grants or other measures authorized
under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies. The program shall include participation by educational and research institutions that have existing facilities for developing and testing noise reduction engine technology.
‘‘(b) DESIGNATION OF INSTITUTE AS A CENTER OF EXCELLENCE.—The Administrator of the Federal Aviation
Administration shall designate an institution described
in subsection (a) as a Center of Excellence for Noise
and Emission Research.’’
AIR TRANSPORTATION SYSTEM JOINT PLANNING AND
DEVELOPMENT OFFICE
Pub. L. 108–176, title VII, § 709, Dec. 12, 2003, 117 Stat.
2582, provided that:
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Transportation shall establish in the Federal Aviation Administration a joint planning and development office to
manage work related to the Next Generation Air
Transportation System. The office shall be known as
the Next Generation Air Transportation System Joint
Planning and Development Office (in this section referred to as the ‘Office’).
‘‘(2) The responsibilities of the Office shall include—
‘‘(A) creating and carrying out an integrated plan
for a Next Generation Air Transportation System
pursuant to subsection (b);

Page 718

‘‘(B) overseeing research and development on that
system;
‘‘(C) creating a transition plan for the implementation of that system;
‘‘(D) coordinating aviation and aeronautics research programs to achieve the goal of more effective
and directed programs that will result in applicable
research;
‘‘(E) coordinating goals and priorities and coordinating research activities within the Federal Government with United States aviation and aeronautical
firms;
‘‘(F) coordinating the development and utilization
of new technologies to ensure that when available,
they may be used to their fullest potential in aircraft
and in the air traffic control system;
‘‘(G) facilitating the transfer of technology from research programs such as the National Aeronautics
and Space Administration program and the Department of Defense Advanced Research Projects Agency
program to Federal agencies with operational responsibilities and to the private sector; and
‘‘(H) reviewing activities relating to noise, emissions, fuel consumption, and safety conducted by
Federal agencies, including the Federal Aviation Administration, the National Aeronautics and Space
Administration, the Department of Commerce, and
the Department of Defense.
‘‘(3) The Office shall operate in conjunction with relevant programs in the Department of Defense, the National Aeronautics and Space Administration, the Department of Commerce and the Department of Homeland Security. The Secretary of Transportation may request assistance from staff from those Departments
and other Federal agencies.
‘‘(4) In developing and carrying out its plans, the Office shall consult with the public and ensure the participation of experts from the private sector including
representatives of commercial aviation, general aviation, aviation labor groups, aviation research and development entities, aircraft and air traffic control suppliers, and the space industry.
‘‘(b) INTEGRATED PLAN.—The integrated plan shall be
designed to ensure that the Next Generation Air Transportation System meets air transportation safety, security, mobility, efficiency, and capacity needs beyond
those currently included in the Federal Aviation Administration’s operational evolution plan and accomplishes the goals under subsection (c). The integrated
plan shall include—
‘‘(1) a national vision statement for an air transportation system capable of meeting potential air traffic
demand by 2025;
‘‘(2) a description of the demand and the performance characteristics that will be required of the Nation’s future air transportation system, and an explanation of how those characteristics were derived, including the national goals, objectives, and policies
the system is designed to further, and the underlying
socioeconomic determinants, and associated models
and analyses;
‘‘(3) a multiagency research and development roadmap for creating the Next Generation Air Transportation System with the characteristics outlined
under clause (ii) [(2)], including—
‘‘(A) the most significant technical obstacles and
the research and development activities necessary
to overcome them, including for each project, the
role of each Federal agency, corporations, and universities;
‘‘(B) the annual anticipated cost of carrying out
the research and development activities; and
‘‘(C) the technical milestones that will be used to
evaluate the activities; and
‘‘(4) a description of the operational concepts to
meet the system performance requirements for all
system users and a timeline and anticipated expenditures needed to develop and deploy the system to
meet the vision for 2025.
‘‘(c) GOALS.—The Next Generation Air Transportation System shall—

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TITLE 49—TRANSPORTATION

‘‘(1) improve the level of safety, security, efficiency, quality, and affordability of the National Airspace System and aviation services;
‘‘(2) take advantage of data from emerging groundbased and space-based communications, navigation,
and surveillance technologies;
‘‘(3) integrate data streams from multiple agencies
and sources to enable situational awareness and
seamless global operations for all appropriate users
of the system, including users responsible for civil
aviation, homeland security, and national security;
‘‘(4) leverage investments in civil aviation, homeland security, and national security and build upon
current air traffic management and infrastructure
initiatives to meet system performance requirements
for all system users;
‘‘(5) be scalable to accommodate and encourage substantial growth in domestic and international transportation and anticipate and accommodate continuing technology upgrades and advances;
‘‘(6) accommodate a wide range of aircraft operations, including airlines, air taxis, helicopters, general aviation, and unmanned aerial vehicles; and
‘‘(7) take into consideration, to the greatest extent
practicable, design of airport approach and departure
flight paths to reduce exposure of noise and emissions
pollution on affected residents.
‘‘(d) REPORTS.—The Administrator of the Federal
Aviation Administration shall transmit to the Committee on Commerce, Science, and Transportation in the
Senate and the Committee on Transportation and Infrastructure and the Committee on Science [now Committee on Science and Technology] in the House of
Representatives—
‘‘(1) not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the integrated plan
required in subsection (b); and
‘‘(2) annually at the time of the President’s budget
request, a report describing the progress in carrying
out the plan required under subsection (b) and any
changes to that plan.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Office $50,000,000
for each of the fiscal years 2004 through 2010.’’
NEXT GENERATION AIR TRANSPORTATION SENIOR
POLICY COMMITTEE
Pub. L. 108–176, title VII, § 710, Dec. 12, 2003, 117 Stat.
2584, provided that:
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall establish a senior policy committee to work with
the Next Generation Air Transportation System Joint
Planning and Development Office. The senior policy
committee shall be chaired by the Secretary.
‘‘(b) MEMBERSHIP.—In addition to the Secretary, the
senior policy committee shall be composed of—
‘‘(1) the Administrator of the Federal Aviation Administration (or the Administrator’s designee);
‘‘(2) the Administrator of the National Aeronautics
and Space Administration (or the Administrator’s
designee);
‘‘(3) the Secretary of Defense (or the Secretary’s
designee);
‘‘(4) the Secretary of Homeland Security (or the
Secretary’s designee);
‘‘(5) the Secretary of Commerce (or the Secretary’s
designee);
‘‘(6) the Director of the Office of Science and Technology Policy (or the Director’s designee); and
‘‘(7) designees from other Federal agencies determined by the Secretary of Transportation to have an
important interest in, or responsibility for, other aspects of the system.
‘‘(c) FUNCTION.—The senior policy committee shall—
‘‘(1) advise the Secretary of Transportation regarding the national goals and strategic objectives for the
transformation of the Nation’s air transportation
system to meet its future needs;
‘‘(2) provide policy guidance for the integrated plan
for the air transportation system to be developed by

§ 40101

the Next Generation Air Transportation System
Joint Planning and Development Office;
‘‘(3) provide ongoing policy review for the transformation of the air transportation system;
‘‘(4) identify resource needs and make recommendations to their respective agencies for necessary funding for planning, research, and development activities; and
‘‘(5) make legislative recommendations, as appropriate, for the future air transportation system.
‘‘(d) CONSULTATION.—In carrying out its functions
under this section, the senior policy committee shall
consult with, and ensure participation by, the private
sector (including representatives of general aviation,
commercial aviation, aviation labor, and the space industry), members of the public, and other interested
parties and may do so through a special advisory committee composed of such representatives.’’
REIMBURSEMENT FOR LOSSES INCURRED BY GENERAL
AVIATION ENTITIES
Pub. L. 108–176, title VIII, § 817, Dec. 12, 2003, 117 Stat.
2592, provided that:
‘‘(a) IN GENERAL.—The Secretary of Transportation
may make grants to reimburse the following general
aviation entities for the security costs incurred and
revenue foregone as a result of the restrictions imposed
by the Federal Government following the terrorist attacks on the United States that occurred on September
11, 2001:
‘‘(1) General aviation entities that operate at Ronald Reagan Washington National Airport.
‘‘(2) Airports that are located within 15 miles of
Ronald Reagan Washington National Airport and
were operating under security restrictions on the
date of enactment of this Act [Dec. 12, 2003] and general aviation entities operating at those airports.
‘‘(3) General aviation entities affected by implementation of section 44939 of title 49, United States
Code.
‘‘(4) General aviation entities that were affected by
Federal Aviation Administration Notices to Airmen
FDC 2/1099 and 3/1862 or section 352 of the Department
of Transportation and Related Agencies Appropriations Act, 2003 (Public Law 108–7, division I) [117 Stat.
420], or both.
‘‘(5) Sightseeing operations that were not authorized to resume in enhanced class B air space under
Federal Aviation Administration notice to airmen 1/
1225.
‘‘(b) DOCUMENTATION.—Reimbursement under this section shall be made in accordance with sworn financial
statements or other appropriate data submitted by
each general aviation entity demonstrating the costs
incurred and revenue foregone to the satisfaction of the
Secretary.
‘‘(c) GENERAL AVIATION ENTITY DEFINED.—In this section, the term ‘general aviation entity’ means any person (other than a scheduled air carrier or foreign air
carrier, as such terms are defined in section 40102 of
title 49, United States Code) that—
‘‘(1) operates nonmilitary aircraft under part 91 of
title 14, Code of Federal Regulations, for the purpose
of conducting its primary business;
‘‘(2) manufactures nonmilitary aircraft with a maximum seating capacity of fewer than 20 passengers or
aircraft parts to be used in such aircraft;
‘‘(3) provides services necessary for nonmilitary operations under such part 91; or
‘‘(4) operates an airport, other than a primary airport (as such terms are defined in such section 40102),
that—
‘‘(A) is listed in the national plan of integrated
airport systems developed by the Federal Aviation
Administration under section 47103 of such title; or
‘‘(B) is normally open to the public, is located
within the confines of enhanced class B airspace (as
defined by the Federal Aviation Administration in
Notice to Airmen FDC 1/0618), and was closed as a
result of an order issued by the Federal Aviation

§ 40101

TITLE 49—TRANSPORTATION

Page 720

Administration in the period beginning September
11, 2001, and ending January 1, 2002, and remained
closed as a result of that order on January 1, 2002.
Such term includes fixed based operators, flight
schools, manufacturers of general aviation aircraft and
products, persons engaged in nonscheduled aviation enterprises, and general aviation independent contractors.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section
$100,000,000. Such sums shall remain available until expended.’’

20, 2003, 117 Stat. 427; Pub. L. 108–176, title IV, § 428, Dec.
12, 2003, 117 Stat. 2556; Pub. L. 108–458, title VIII, § 8404,
Dec. 17, 2004, 118 Stat. 3872; Pub. L. 109–115, div. A, title
I, § 178, Nov. 30, 2005, 119 Stat. 2427, required each air
carrier providing scheduled air transportation on a
route to provide, to the extent practicable, air transportation to passengers ticketed for air transportation
on that route by any other air carrier that suspended,
interrupted, or discontinued air passenger service on
the route by reason of insolvency or bankruptcy of the
other air carrier occurring on or before Nov. 30, 2006.

GAO REPORT ON AIRLINES’ ACTIONS TO IMPROVE
FINANCES AND ON EXECUTIVE COMPENSATION

RELATIONSHIP OF ELIGIBLE CRIME VICTIM COMPENSATION PROGRAMS TO SEPTEMBER 11TH VICTIM COMPENSATION FUND

Pub. L. 108–176, title VIII, § 826, Dec. 12, 2003, 117 Stat.
2596, provided that:
‘‘(a) FINDING.—Congress finds that the United States
Government has by law provided substantial financial
assistance to United States commercial airlines in the
form of war risk insurance and reinsurance and other
economic benefits and has imposed substantial economic and regulatory burdens on those airlines. In
order to determine the economic viability of the domestic commercial airline industry and to evaluate the
need for additional measures or the modification of existing laws, Congress needs more frequent information
and independently verified information about the financial condition of these airlines.
‘‘(b) GAO REPORT.—Not later than one year after the
date of enactment of this Act [Dec. 12, 2003], the Comptroller General shall prepare a report for Congress analyzing the financial condition of the United States airline industry in its efforts to reduce the costs, improve
the earnings and profits and balances of each individual
air carrier. The report shall recommend steps that the
industry should take to become financially self-sufficient.
‘‘(c) GAO AUTHORITY.—In order to compile the report
required by subsection (b), the Comptroller General, or
any of the Comptroller General’s duly authorized representatives, shall have access for the purpose of audit
and examination to any books, accounts, documents,
papers, and records of such air carriers that relate to
the information required to compile the report. The
Comptroller General shall submit with the report a certification as to whether the Comptroller General has
had access to sufficient information to make informed
judgments on the matters covered by the report.
‘‘(d) REPORTS TO CONGRESS.—The Comptroller General shall transmit the report required by subsection
(b) to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives
Committee on Transportation and Infrastructure.’’
MAIL AND FREIGHT WAIVERS
Pub. L. 107–71, title I, § 127, Nov. 19, 2001, 115 Stat. 632,
provided that:
‘‘(a) IN GENERAL.—During a national emergency affecting air transportation or intrastate air transportation, the Secretary of Transportation, after consultation with the Transportation Security Oversight Board,
may grant a complete or partial waiver of any restrictions on the carriage by aircraft of freight, mail, emergency medical supplies, personnel, or patients on aircraft, imposed by the Department of Transportation (or
other Federal agency or department) that would permit
such carriage of freight, mail, emergency medical supplies, personnel, or patients on flights, to, from, or
within a State if the Secretary determines that—
‘‘(1) extraordinary air transportation needs or concerns exist; and
‘‘(2) the waiver is in the public interest, taking into
consideration the isolation of and dependence on air
transportation of the State.
‘‘(b) LIMITATIONS.—The Secretary may impose reasonable limitations on any such waiver.’’
AIR CARRIERS REQUIRED TO HONOR TICKETS FOR
SUSPENDED SERVICE
Pub. L. 107–71, title I, § 145, Nov. 19, 2001, 115 Stat. 645,
as amended by Pub. L. 108–7, div. I, title III, § 372, Feb.

Pub. L. 107–56, title VI, § 622(e)(2), Oct. 26, 2001, 115
Stat. 372, provided that: ‘‘With respect to any compensation payable under title IV of Public Law 107–42
[set out as a note below], the failure of a crime victim
compensation program, after the effective date of final
regulations issued pursuant to section 407 of Public
Law 107–42, to provide compensation otherwise required
pursuant to section 1403 of the Victims of Crime Act of
1984 (42 U.S.C. 10602) shall not render that program ineligible for future grants under the Victims of Crime
Act of 1984 [42 U.S.C. 10601 et seq.].’’
AIR TRANSPORTATION SAFETY AND SYSTEM
STABILIZATION
Pub. L. 107–42, Sept. 22, 2001, 115 Stat. 230, as amended
by Pub. L. 107–71, title I, § 124(a), (c), (d), title II, § 201,
Nov. 19, 2001, 115 Stat. 631, 645; Pub. L. 107–134, title I,
§ 114(a), Jan. 23, 2002, 115 Stat. 2435; Pub. L. 107–296, title
VIII, § 890, title XII, § 1201(2), Nov. 25, 2002, 116 Stat. 2251,
2286; Pub. L. 110–113, § 3, Nov. 8, 2007, 121 Stat. 1039; Pub.
L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974,
provided that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Air Transportation
Safety and System Stabilization Act’.
‘‘TITLE I—AIRLINE STABILIZATION
‘‘SEC. 101. AVIATION DISASTER RELIEF.
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, the President shall take the following actions to compensate air carriers for losses incurred by
the air carriers as a result of the terrorist attacks on
the United States that occurred on September 11, 2001:
‘‘[(1) Repealed. Pub. L. 110–161, div. D, title I, Dec.
26, 2007, 121 Stat. 1974.]
‘‘(2) Compensate air carriers in an aggregate
amount equal to $5,000,000,000 for—
‘‘(A) direct losses incurred beginning on September 11, 2001, by air carriers as a result of any Federal ground stop order issued by the Secretary of
Transportation or any subsequent order which continues or renews such a stoppage; and
‘‘(B) the incremental losses incurred beginning
September 11, 2001, and ending December 31, 2001, by
air carriers as a direct result of such attacks.
‘‘(b) EMERGENCY DESIGNATION.—Congress designates
the amount of new budget authority and outlays in all
fiscal years resulting from this title as an emergency
requirement pursuant to section 252(e) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(e)). Such amount shall be available only to
the extent that a request, that includes designation of
such amount as an emergency requirement as defined
in such Act [see Short Title note set out under section
900 of Title 2, The Congress], is transmitted by the
President to Congress.
‘‘[SEC. 102. Repealed. Pub. L. 110–161, div. D, title I,
Dec. 26, 2007, 121 Stat. 1974.]
‘‘SEC. 103. SPECIAL RULES FOR COMPENSATION.
‘‘(a) DOCUMENTATION.—Subject to subsection (b), the
amount of compensation payable to an air carrier
under section 101(a)(2) may not exceed the amount of

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TITLE 49—TRANSPORTATION

losses described in section 101(a)(2) that the air carrier
demonstrates to the satisfaction of the President, using
sworn financial statements or other appropriate data,
that the air carrier incurred. The Secretary of Transportation and the Comptroller General of the United
States may audit such statements and may request any
information that the Secretary and the Comptroller
General deems necessary to conduct such audit.
‘‘(b) MAXIMUM AMOUNT OF COMPENSATION PAYABLE
PER AIR CARRIER.—The maximum total amount of compensation payable to an air carrier under section
101(a)(2) may not exceed the lesser of—
‘‘(1) the amount of such air carrier’s direct and incremental losses described in section 101(a)(2); or
‘‘(2) in the case of—
‘‘(A) flights involving passenger-only or combined
passenger and cargo transportation, the product
of—
‘‘(i) $4,500,000,000; and
‘‘(ii) the ratio of—
‘‘(I) the available seat miles of the air carrier
for the month of August 2001 as reported to the
Secretary; to
‘‘(II) the total available seat miles of all such
air carriers for such month as reported to the
Secretary; and
‘‘(B) flights involving cargo-only transportation,
the product of—
‘‘(i) $500,000,000; and
‘‘(ii) the ratio of—
‘‘(I) the revenue ton miles or other auditable
measure of the air carrier for cargo for the latest quarter for which data is available as reported to the Secretary; to
‘‘(II) the total revenue ton miles or other
auditable measure of all such air carriers for
cargo for such quarter as reported to the Secretary.
‘‘(c) PAYMENTS.—The President may provide compensation to air carriers under section 101(a)(2) in 1 or
more payments up to the amount authorized by this
title.
‘‘(d) COMPENSATION FOR CERTAIN AIR CARRIERS.—
‘‘(1) SET-ASIDE.—The President may set aside a portion of the amount of compensation payable to air
carriers under section 101(a)(2) to provide compensation to classes of air carriers, such as air tour operators and air ambulances (including hospitals operating air ambulances) for whom the application of a
distribution formula containing available seat miles
as a factor would inadequately reflect their share of
direct and incremental losses. The President shall reduce the $4,500,000,000 specified in subsection
(b)(2)(A)(i) by the amount set aside under this subsection.
‘‘(2) DISTRIBUTION OF AMOUNTS.—The President shall
distribute the amount set aside under this subsection
proportionally among such air carriers based on an
appropriate auditable measure, as determined by the
President.
‘‘[SEC. 104. Repealed. Pub. L. 110–161, div. D, title I,
Dec. 26, 2007, 121 Stat. 1974.]
‘‘SEC. 105. CONTINUATION OF CERTAIN AIR SERVICE.
‘‘(a) ACTION OF SECRETARY.—The Secretary of Transportation should take appropriate action to ensure that
all communities that had scheduled air service before
September 11, 2001, continue to receive adequate air
transportation service and that essential air service to
small communities continues without interruption.
‘‘(b) ESSENTIAL AIR SERVICE.—There is authorized to
be appropriated to the Secretary to carry out the essential air service program under subchapter II of chapter 417 of title 49, United States Code, $120,000,000 for
fiscal year 2002.
‘‘(c) SECRETARIAL OVERSIGHT.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary is authorized to require an
air carrier receiving direct financial assistance under

§ 40101

this Act to maintain scheduled air service to any
point served by that carrier before September 11, 2001.
‘‘(2) AGREEMENTS.—In applying paragraph (1), the
Secretary may require air carriers receiving direct financial assistance under this Act to enter into agreements which will ensure, to the maximum extent
practicable, that all communities that had scheduled
air service before September 11, 2001, continue to receive adequate air transportation service.
‘‘SEC. 106. REPORTS.
‘‘(a) REPORT.—Not later than February 1, 2002, the
President shall transmit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on the Budget of the
House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on
Appropriations, and the Committee on the Budget of
the Senate a report on the financial status of the air
carrier industry and the amounts of assistance provided under this title to each air carrier.
‘‘(b) UPDATE.—Not later than the last day of the 7month period following the date of enactment of this
Act [Sept. 22, 2001], the President shall update and
transmit the report to the Committees.
‘‘SEC. 107. DEFINITIONS.
‘‘In this title, the following definitions apply:
‘‘(1) AIR CARRIER.—The term ‘air carrier’ has the
meaning such term has under section 40102 of title 49,
United States Code.
‘‘[(2) Repealed. Pub. L. 110–161, div. D, title I, Dec.
26, 2007, 121 Stat. 1974.]
‘‘(3) INCREMENTAL LOSS.—The term ‘incremental
loss’ does not include any loss that the President determines would have been incurred if the terrorist attacks on the United States that occurred on September 11, 2001, had not occurred.
‘‘TITLE II—AVIATION INSURANCE
‘‘SEC. 201. DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE COSTS.
‘‘(a) IN GENERAL.—[Amended section 44302 of this
title.]
‘‘(b) COVERAGE.—
‘‘(1) IN GENERAL.—[Amended section 44303 of this
title.]
‘‘(2) [Transferred to section 44303(b) of this title.]
‘‘(c) REINSURANCE.—[Amended section 44304 of this
title.]
‘‘(d) PREMIUMS.—[Amended section 44306 of this title.]
‘‘(e) CONFORMING AMENDMENT.—[Amended section
44305(b) of this title.]
‘‘SEC. 202. EXTENSION OF PROVISIONS TO VENDORS, AGENTS, AND SUBCONTRACTORS OF AIR
CARRIERS.
‘‘Notwithstanding any other provision of this title,
the Secretary may extend any provision of chapter 443
of title 49, United States Code, as amended by this
title, and the provisions of this title, to vendors,
agents, and subcontractors of air carriers. For the 180day period beginning on the date of enactment of this
Act [Sept. 22, 2001], the Secretary may extend or amend
any such provisions so as to ensure that the entities referred to in the preceding sentence are not responsible
in cases of acts of terrorism for losses suffered by third
parties that exceed the amount of such entities’ liability coverage, as determined by the Secretary.
‘‘TITLE III—TAX PROVISIONS
‘‘SEC. 301. EXTENSION OF DUE DATE FOR EXCISE
TAX DEPOSITS; TREATMENT OF LOSS COMPENSATION.
‘‘(a) EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS.—
‘‘(1) IN GENERAL.—In the case of an eligible air carrier, any airline-related deposit required under section 6302 of the Internal Revenue Code of 1986 [26
U.S.C. 6302] to be made after September 10, 2001, and

§ 40101

TITLE 49—TRANSPORTATION

before November 15, 2001, shall be treated for purposes
of such Code [26 U.S.C. 1 et seq.] as timely made if
such deposit is made on or before November 15, 2001.
If the Secretary of the Treasury so prescribes, the
preceding sentence shall be applied by substituting
for ‘November 15, 2001’ each place it appears—
‘‘(A) ‘January 15, 2002’; or
‘‘(B) such earlier date after November 15, 2001, as
such Secretary may prescribe.
‘‘(2) ELIGIBLE AIR CARRIER.—For purposes of this
subsection, the term ‘eligible air carrier’ means any
domestic corporation engaged in the trade or business of transporting (for hire) persons by air if such
transportation is available to the general public.
‘‘(3) AIRLINE-RELATED DEPOSIT.—For purposes of
this subsection, the term ‘airline-related deposit’
means any deposit of taxes imposed by subchapter C
of chapter 33 of such Code [26 U.S.C. 4261 et seq.] (relating to transportation by air).
‘‘(b) TREATMENT OF LOSS COMPENSATION.—Nothing in
any provision of law shall be construed to exclude from
gross income under the Internal Revenue Code of 1986
any compensation received under section 101(a)(2) of
this Act.
‘‘TITLE IV—VICTIM COMPENSATION
‘‘SEC. 401. SHORT TITLE.
‘‘This title may be cited as the ‘September 11th Victim Compensation Fund of 2001’.
‘‘SEC. 402. DEFINITIONS.
‘‘In this title, the following definitions apply:
‘‘(1) AIR CARRIER.—The term ‘air carrier’ means a
citizen of the United States undertaking by any
means, directly or indirectly, to provide air transportation and includes employees and agents (including
persons engaged in the business of providing air
transportation security and their affiliates) of such
citizen. For purposes of the preceding sentence, the
term ‘agent’, as applied to persons engaged in the
business of providing air transportation security,
shall only include persons that have contracted directly with the Federal Aviation Administration on
or after and commenced services no later than February 17, 2002, to provide such security, and had not
been or are not debarred for any period within 6
months from that date.
‘‘(2) AIR TRANSPORTATION.—The term ‘air transportation’ means foreign air transportation, interstate
air transportation, or the transportation of mail by
aircraft.
‘‘(3) AIRCRAFT MANUFACTURER.—The term ‘aircraft
manufacturer’ means any entity that manufactured
the aircraft or any parts or components of the aircraft involved in the terrorist related aircraft crashes
of September 11, 2001, including employees and agents
of that entity.
‘‘(4) AIRPORT SPONSOR.—The term ‘airport sponsor’
means the owner or operator of an airport (as defined
in section 40102 of title 49, United States Code).
‘‘(5) CLAIMANT.—The term ‘claimant’ means an individual filing a claim for compensation under section
405(a)(1).
‘‘(6) COLLATERAL SOURCE.—The term ‘collateral
source’ means all collateral sources, including life insurance, pension funds, death benefit programs, and
payments by Federal, State, or local governments related to the terrorist-related aircraft crashes of September 11, 2001.
‘‘(7) ECONOMIC LOSS.—The term ‘economic loss’
means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related
to employment, medical expense loss, replacement
services loss, loss due to death, burial costs, and loss
of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.
‘‘(8) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’ means an individual determined to be eligible
for compensation under section 405(c).

Page 722

‘‘(9) NONECONOMIC LOSSES.—The term ‘noneconomic
losses’ means losses for physical and emotional pain,
suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life,
loss of society and companionship, loss of consortium
(other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature.
‘‘(10) SPECIAL MASTER.—The term ‘Special Master’
means the Special Master appointed under section
404(a).
‘‘SEC. 403. PURPOSE.
‘‘It is the purpose of this title to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result
of the terrorist-related aircraft crashes of September
11, 2001.
‘‘SEC. 404. ADMINISTRATION.
‘‘(a) IN GENERAL.—The Attorney General, acting
through a Special Master appointed by the Attorney
General, shall—
‘‘(1) administer the compensation program established under this title;
‘‘(2) promulgate all procedural and substantive
rules for the administration of this title; and
‘‘(3) employ and supervise hearing officers and
other administrative personnel to perform the duties
of the Special Master under this title.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for
the Special Master in carrying out this title.
‘‘SEC. 405. DETERMINATION OF ELIGIBILITY FOR
COMPENSATION.
‘‘(a) FILING OF CLAIM.—
‘‘(1) IN GENERAL.—A claimant may file a claim for
compensation under this title with the Special Master. The claim shall be on the form developed under
paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought.
‘‘(2) CLAIM FORM.—
‘‘(A) IN GENERAL.—The Special Master shall develop a claim form that claimants shall use when
submitting claims under paragraph (1). The Special
Master shall ensure that such form can be filed
electronically, if determined to be practicable.
‘‘(B) CONTENTS.—The form developed under subparagraph (A) shall request—
‘‘(i) information from the claimant concerning
the physical harm that the claimant suffered, or
in the case of a claim filed on behalf of a decedent
information confirming the decedent’s death, as a
result of the terrorist-related aircraft crashes of
September 11, 2001;
‘‘(ii) information from the claimant concerning
any possible economic and noneconomic losses
that the claimant suffered as a result of such
crashes; and
‘‘(iii) information regarding collateral sources
of compensation the claimant has received or is
entitled to receive as a result of such crashes.
‘‘(3) LIMITATION.—No claim may be filed under paragraph (1) after the date that is 2 years after the date
on which regulations are promulgated under section
407.
‘‘(b) REVIEW AND DETERMINATION.—
‘‘(1) REVIEW.—The Special Master shall review a
claim submitted under subsection (a) and determine—
‘‘(A) whether the claimant is an eligible individual under subsection (c);
‘‘(B) with respect to a claimant determined to be
an eligible individual—
‘‘(i) the extent of the harm to the claimant, including any economic and noneconomic losses;
and
‘‘(ii) the amount of compensation to which the
claimant is entitled based on the harm to the

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TITLE 49—TRANSPORTATION

claimant, the facts of the claim, and the individual circumstances of the claimant.
‘‘(2) NEGLIGENCE.—With respect to a claimant, the
Special Master shall not consider negligence or any
other theory of liability.
‘‘(3) DETERMINATION.—Not later than 120 days after
that date on which a claim is filed under subsection
(a), the Special Master shall complete a review, make
a determination, and provide written notice to the
claimant, with respect to the matters that were the
subject of the claim under review. Such a determination shall be final and not subject to judicial review.
‘‘(4) RIGHTS OF CLAIMANT.—A claimant in a review
under paragraph (1) shall have—
‘‘(A) the right to be represented by an attorney;
‘‘(B) the right to present evidence, including the
presentation of witnesses and documents; and
‘‘(C) any other due process rights determined appropriate by the Special Master.
‘‘(5) NO PUNITIVE DAMAGES.—The Special Master
may not include amounts for punitive damages in
any compensation paid under a claim under this title.
‘‘(6) COLLATERAL COMPENSATION.—The Special Master shall reduce the amount of compensation determined under paragraph (1)(B)(ii) by the amount of the
collateral source compensation the claimant has received or is entitled to receive as a result of the terrorist-related aircraft crashes of September 11, 2001.
‘‘(c) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A claimant shall be determined
to be an eligible individual for purposes of this subsection if the Special Master determines that such
claimant—
‘‘(A) is an individual described in paragraph (2);
and
‘‘(B) meets the requirements of paragraph (3).
‘‘(2) INDIVIDUALS.—A claimant is an individual described in this paragraph if the claimant is—
‘‘(A) an individual who—
‘‘(i) was present at the World Trade Center,
(New York, New York), the Pentagon (Arlington,
Virginia), or the site of the aircraft crash at
Shanksville, Pennsylvania at the time, or in the
immediate aftermath, of the terrorist-related aircraft crashes of September 11, 2001; and
‘‘(ii) suffered physical harm or death as a result
of such an air crash;
‘‘(B) an individual who was a member of the flight
crew or a passenger on American Airlines flight 11
or 77 or United Airlines flight 93 or 175, except that
an individual identified by the Attorney General to
have been a participant or conspirator in the terrorist-related aircraft crashes of September 11, 2001,
or a representative of such individual shall not be
eligible to receive compensation under this title; or
‘‘(C) in the case of a decedent who is an individual
described in subparagraph (A) or (B), the personal
representative of the decedent who files a claim on
behalf of the decedent.
‘‘(3) REQUIREMENTS.—
‘‘(A) Single claim.—Not more than one claim may
be submitted under this title by an individual or on
behalf of a deceased individual.
‘‘(B) Limitation on civil action.—
‘‘(i) IN GENERAL.—Upon the submission of a
claim under this title, the claimant waives the
right to file a civil action (or to be a party to an
action) in any Federal or State court for damages
sustained as a result of the terrorist-related aircraft crashes of September 11, 2001. The preceding
sentence does not apply to a civil action to recover collateral source obligations, or to a civil
action against any person who is a knowing participant in any conspiracy to hijack any aircraft
or commit any terrorist act.
‘‘(ii) PENDING ACTIONS.—In the case of an individual who is a party to a civil action described
in clause (i), such individual may not submit a
claim under this title unless such individual withdraws from such action by the date that is 90 days

§ 40101

after the date on which regulations are promulgated under section 407.
‘‘SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.
‘‘(a) IN GENERAL.—Not later than 20 days after the
date on which a determination is made by the Special
Master regarding the amount of compensation due a
claimant under this title, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant.
‘‘(b) PAYMENT AUTHORITY.—This title constitutes
budget authority in advance of appropriations Acts and
represents the obligation of the Federal Government to
provide for the payment of amounts for compensation
under this title.
‘‘(c) ADDITIONAL FUNDING.—
‘‘(1) IN GENERAL.—The Attorney General is authorized to accept such amounts as may be contributed
by individuals, business concerns, or other entities to
carry out this title, under such terms and conditions
as the Attorney General may impose.
‘‘(2) USE OF SEPARATE ACCOUNT.—In making payments under this section, amounts contained in any
account containing funds provided under paragraph
(1) shall be used prior to using appropriated amounts.
‘‘SEC. 407. REGULATIONS.
‘‘Not later than 90 days after the date of enactment
of this Act [Sept. 22, 2001], the Attorney General, in
consultation with the Special Master, shall promulgate
regulations to carry out this title, including regulations with respect to—
‘‘(1) forms to be used in submitting claims under
this title;
‘‘(2) the information to be included in such forms;
‘‘(3) procedures for hearing and the presentation of
evidence;
‘‘(4) procedures to assist an individual in filing and
pursuing claims under this title; and
‘‘(5) other matters determined appropriate by the
Attorney General.
‘‘SEC. 408. LIMITATION ON LIABILITY.
‘‘(a) IN GENERAL.—
‘‘(1) LIABILITY LIMITED TO INSURANCE COVERAGE.—
Notwithstanding any other provision of law, liability
for all claims, whether for compensatory or punitive
damages or for contribution or indemnity, arising
from the terrorist-related aircraft crashes of September 11, 2001, against an air carrier, aircraft manufacturer, airport sponsor, or person with a property interest in the World Trade Center, on September 11,
2001, whether fee simple, leasehold or easement, direct or indirect, or their directors, officers, employees, or agents, shall not be in an amount greater than
the limits of liability insurance coverage maintained
by that air carrier, aircraft manufacturer, airport
sponsor, or person.
‘‘(2) WILLFUL DEFAULTS ON REBUILDING OBLIGATION.—Paragraph (1) does not apply to any such person with a property interest in the World Trade Center if the Attorney General determines, after notice
and an opportunity for a hearing on the record, that
the person has defaulted willfully on a contractual
obligation to rebuild, or assist in the rebuilding of,
the World Trade Center.
‘‘(3) LIMITATIONS ON LIABILITY FOR NEW YORK
CITY.—Liability for all claims, whether for compensatory or punitive damages or for contribution or indemnity arising from the terrorist-related aircraft
crashes of September 11, 2001, against the City of New
York shall not exceed the greater of the city’s insurance coverage or $350,000,000. If a claimant who is eligible to seek compensation under section 405 of this
Act, submits a claim under section 405, the claimant
waives the right to file a civil action (or to be a party
to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, including any
such action against the City of New York. The preceding sentence does not apply to a civil action to recover collateral source obligations.

§ 40101

TITLE 49—TRANSPORTATION

‘‘(b) FEDERAL CAUSE OF ACTION.—
‘‘(1) AVAILABILITY OF ACTION.—There shall exist a
Federal cause of action for damages arising out of the
hijacking and subsequent crashes of American Airlines flights 11 and 77, and United Airlines flights 93
and 175, on September 11, 2001. Notwithstanding section 40120(c) of title 49, United States Code, this cause
of action shall be the exclusive remedy for damages
arising out of the hijacking and subsequent crashes of
such flights.
‘‘(2) SUBSTANTIVE LAW.—The substantive law for decision in any such suit shall be derived from the law,
including choice of law principles, of the State in
which the crash occurred unless such law is inconsistent with or preempted by Federal law.
‘‘(3) JURISDICTION.—The United States District
Court for the Southern District of New York shall
have original and exclusive jurisdiction over all actions brought for any claim (including any claim for
loss of property, personal injury, or death) resulting
from or relating to the terrorist-related aircraft
crashes of September 11, 2001.
‘‘(4) NATIONWIDE SUBPOENAS.—
‘‘(A) IN GENERAL.—A subpoena requiring the attendance of a witness at trial or a hearing conducted under this section may be served at any
place in the United States.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in this subsection is intended to diminish the authority of a
court to quash or modify a subpoena for the reasons
provided in clause (i), (iii), or (iv) of subparagraph
(A) or subparagraph (B) of rule 45(c)(3) of the Federal Rules of Civil Procedure [28 U.S.C. App.].
‘‘(c) EXCLUSION.—Nothing in this section shall in any
way limit any liability of any person who is a knowing
participant in any conspiracy to hijack any aircraft or
commit any terrorist act. Subsections (a) and (b) do
not apply to civil actions to recover collateral source
obligations.
‘‘SEC. 409. RIGHT OF SUBROGATION.
‘‘The United States shall have the right of subrogation with respect to any claim paid by the United
States under this title, subject to the limitations described in section 408.
‘‘TITLE V—AIR TRANSPORTATION SAFETY
‘‘SEC. 501. INCREASED AIR TRANSPORTATION
SAFETY.
‘‘Congress affirms the President’s decision to spend
$3,000,000,000 on airline safety and security in conjunction with this Act in order to restore public confidence
in the airline industry.
‘‘SEC. 502. CONGRESSIONAL COMMITMENT.
‘‘Congress is committed to act expeditiously, in consultation with the Secretary of Transportation, to
strengthen airport security and take further measures
to enhance the security of air travel.
‘‘TITLE VI—SEPARABILITY
‘‘SEC. 601. SEPARABILITY.
‘‘If any provision of this Act (including any amendment made by this Act [amending sections 44302 to
44306 of this title]) or the application thereof to any
person or circumstance is held invalid, the remainder
of this Act (including any amendment made by this
Act) and the application thereof to other persons or circumstances shall not be affected thereby.’’
[Pub. L. 107–134, title I, § 114(b), Jan. 23, 2002, 115 Stat.
2436, provided that: ‘‘The amendment made by this section [amending Pub. L. 107–42, set out above] shall take
effect as if included in section 301 of the Air Transportation Safety and System Stabilization Act (Public
Law 107–42).’’]
[Memorandum of President of the United States,
Sept. 25, 2001, 66 F.R. 49507, delegated to the Secretary
of Transportation the authority vested in the President
under section 101(a)(2) of Pub. L. 107–42, set out above,
to compensate air carriers for direct and incremental

Page 724

losses they incurred from the terrorist attacks of Sept.
11, 2001, and any resulting ground stop order.]
INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS
Pub. L. 106–181, title III, § 309, Apr. 5, 2000, 114 Stat.
127, provided that:
‘‘(a) INDEPENDENT ASSESSMENT.—
‘‘(1) IN GENERAL.—The Inspector General of the Department of Transportation shall conduct the assessments described in this section. To conduct the assessments, the Inspector General may use the staff
and resources of the Inspector General or contract
with one or more independent entities.
‘‘(2) ASSESSMENT OF ADEQUACY AND ACCURACY OF FAA
COST DATA AND ATTRIBUTIONS.—
‘‘(A) IN GENERAL.—The Inspector General shall
conduct an assessment to ensure that the method
for calculating the overall costs of the Federal
Aviation Administration and attributing such costs
to specific users is appropriate, reasonable, and understandable to the users.
‘‘(B) COMPONENTS.—In conducting the assessment
under this paragraph, the Inspector General shall
assess the following:
‘‘(i) The Administration’s cost input data, including the reliability of the Administration’s
source documents and the integrity and reliability of the Administration’s data collection process.
‘‘(ii) The Administration’s system for tracking
assets.
‘‘(iii) The Administration’s bases for establishing asset values and depreciation rates.
‘‘(iv) The Administration’s system of internal
controls for ensuring the consistency and reliability of reported data.
‘‘(v) The Administration’s definition of the
services to which the Administration ultimately
attributes its costs.
‘‘(vi) The cost pools used by the Administration
and the rationale for and reliability of the bases
which the Administration proposes to use in allocating costs of services to users.
‘‘(C) REQUIREMENTS FOR ASSESSMENT OF COST
POOLS.—In carrying out subparagraph (B)(vi), the
Inspector General shall—
‘‘(i) review costs that cannot reliably be attributed to specific Administration services or activities (called ‘common and fixed costs’ in the Administration Cost Allocation Study) and consider
alternative methods for allocating such costs; and
‘‘(ii) perform appropriate tests to assess relationships between costs in the various cost pools
and activities and services to which the costs are
attributed by the Administration.
‘‘(3) COST EFFECTIVENESS.—
‘‘(A) IN GENERAL.—The Inspector General shall assess the progress of the Administration in cost and
performance management, including use of internal
and external benchmarking in improving the performance and productivity of the Administration.
‘‘(B) ANNUAL REPORTS.—Not later than December
31, 2000, and annually thereafter until December 31,
2004, the Inspector General shall transmit to Congress an updated report containing the results of
the assessment conducted under this paragraph.
‘‘(C) INFORMATION TO BE INCLUDED IN FAA FINANCIAL REPORT.—The Administrator [of the Federal
Aviation Administration] shall include in the annual financial report of the Administration information on the performance of the Administration
sufficient to permit users and others to make an informed evaluation of the progress of the Administration in increasing productivity.
‘‘(b) FUNDING.—There are authorized to be appropriated such sums as may be necessary to carry out
this section.’’
OPERATIONS OF AIR TAXI INDUSTRY
Pub. L. 106–181, title VII, § 735, Apr. 5, 2000, 114 Stat.
171, provided that:

Page 725

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TITLE 49—TRANSPORTATION

‘‘(a) STUDY.—The Administrator [of the Federal Aviation Administration], in consultation with the National Transportation Safety Board and other interested persons, shall conduct a study of air taxi operators regulated under part 135 of title 14, Code of Federal
Regulations.
‘‘(b) CONTENTS.—The study shall include an analysis
of the size and type of the aircraft fleet, relevant aircraft equipment, hours flown, utilization rates, safety
record by various categories of use and aircraft type,
sales revenues, and airports served by the air taxi fleet.
‘‘(c) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a report on the results of the study.’’
FINDINGS
Section 271 of Pub. L. 104–264 provided that: ‘‘Congress finds the following:
‘‘(1) The Administration [Federal Aviation Administration] is recognized throughout the world as a
leader in aviation safety.
‘‘(2) The Administration certifies aircraft, engines,
propellers, and other manufactured parts.
‘‘(3) The Administration certifies more than 650
training schools for pilots and nonpilots, more than
4,858 repair stations, and more than 193 maintenance
schools.
‘‘(4) The Administration certifies pilot examiners,
who are then qualified to determine if a person has
the skills necessary to become a pilot.
‘‘(5) The Administration certifies more than 6,000
medical examiners, each of whom is then qualified to
medically certify the qualifications of pilots and nonpilots.
‘‘(6) The Administration certifies more than 470 airports, and provides a limited certification for another
205 airports. Other airports in the United States are
also reviewed by the Administration.
‘‘(7) The Administration each year performs more
than 355,000 inspections.
‘‘(8) The Administration issues more than 655,000 pilot’s licenses and more than 560,000 nonpilot’s licenses (including mechanics).
‘‘(9) The Administration’s certification means that
the product meets world-wide recognized standards of
safety and reliability.
‘‘(10) The Administration’s certification means
aviation-related equipment and services meet worldwide recognized standards.
‘‘(11) The Administration’s certification is recognized by governments and businesses throughout the
world and as such may be a valuable element for any
company desiring to sell aviation-related products
throughout the world.
‘‘(12) The Administration’s certification may constitute a valuable license, franchise, privilege or benefits for the holders.
‘‘(13) The Administration also is a major purchaser
of computers, radars, and other systems needed to
run the air traffic control system. The Administration’s design, acceptance, commissioning, or certification of such equipment enables the private sector
to market those products around the world, and as
such confers a benefit on the manufacturer.
‘‘(14) The Administration provides extensive services to public use aircraft.’’
PURPOSES
Section 272 of title II of Pub. L. 104–264 provided that:
‘‘The purposes of this subtitle [subtitle C (§§ 271–278) of
title II of Pub. L. 104–264, enacting sections 45301, 45303,
48111, and 48201 of this title, amending section 41742 of
this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title,
and enacting provisions set out as notes under this section and section 41742 of this title] are—
‘‘(1) to provide a financial structure for the Administration [Federal Aviation Administration] so that

it will be able to support the future growth in the national aviation and airport system;
‘‘(2) to review existing and alternative funding options, including incentive-based fees for services, and
establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic
management services provided by the Administration;
‘‘(3) to ensure that any funding will be dedicated
solely for the use of the Administration;
‘‘(4) to authorize the Administration to recover the
costs of its services from those who benefit from, but
do not contribute to, the national aviation system
and the services provided by the Administration;
‘‘(5) to consider a fee system based on the cost or
value of the services provided and other funding alternatives;
‘‘(6) to develop funding options for Congress in
order to provide for the long-term efficient and costeffective support of the Administration and the aviation system; and
‘‘(7) to achieve a more efficient and effective Administration for the benefit of the aviation transportation industry.’’
ASSESSMENT OF
QUIREMENTS; ESTABLISHMENT
AVIATION REVIEW COMMISSION

INDEPENDENT

FAA
OF

FINANCIAL RENATIONAL CIVIL

Section 274 of Pub. L. 104–264, as amended by Pub. L.
106–181, title III, § 307(c)(3), Apr. 5, 2000, 114 Stat. 126,
provided that:
‘‘(a) INDEPENDENT ASSESSMENT.—
‘‘(1) INITIATION.—Not later than 30 days after the
date of the enactment of this Act [Oct. 9, 1996], the
Administrator [of the Federal Aviation Administration] shall contract with an entity independent of the
Administration [Federal Aviation Administration]
and the Department of Transportation to conduct a
complete independent assessment of the financial requirements of the Administration through the year
2002.
‘‘(2) ASSESSMENT CRITERIA.—The Administrator
shall provide to the independent entity estimates of
the financial requirements of the Administration for
the period described in paragraph (1), using as a base
the fiscal year 1997 appropriation levels established
by Congress. The independent assessment shall be
based on an objective analysis of agency funding
needs.
‘‘(3) CERTAIN FACTORS TO BE TAKEN INTO ACCOUNT.—
The independent assessment shall take into account
all relevant factors, including—
‘‘(A) anticipated air traffic forecasts;
‘‘(B) other workload measures;
‘‘(C) estimated productivity gains, if any, which
contribute to budgetary requirements;
‘‘(D) the need for programs; and
‘‘(E) the need to provide for continued improvements in all facets of aviation safety, along with
operational improvements in air traffic control.
‘‘(4) COST ALLOCATION.—The independent assessment shall also assess the costs to the Administration occasioned by the provision of services to each
segment of the aviation system.
‘‘(5) DEADLINE.—The independent assessment shall
be completed no later than 90 days after the contract
is awarded, and shall be submitted to the Commission
established under subsection (b), the Secretary [of
Transportation], the Secretary of the Treasury, the
Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate,
and the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the
House of Representatives.
‘‘(b) NATIONAL CIVIL AVIATION REVIEW COMMISSION.—
‘‘(1) ESTABLISHMENT.—There is established a commission to be known as the National Civil Aviation
Review Commission (hereinafter in this section referred to as the ‘Commission’).

§ 40101

TITLE 49—TRANSPORTATION

‘‘(2) MEMBERSHIP.—The Commission shall consist of
21 members to be appointed as follows:
‘‘(A) 13 members to be appointed by the Secretary, in consultation with the Secretary of the
Treasury, from among individuals who have expertise in the aviation industry and who are able, collectively, to represent a balanced view of the issues
important to general aviation, major air carriers,
air cargo carriers, regional air carriers, business
aviation, airports, aircraft manufacturers, the financial community, aviation industry workers, and
airline passengers. At least one member appointed
under this subparagraph shall have detailed knowledge of the congressional budgetary process.
‘‘(B) Two members appointed by the Speaker of
the House of Representatives.
‘‘(C) Two members appointed by the minority
leader of the House of Representatives.
‘‘(D) Two members appointed by the majority
leader of the Senate.
‘‘(E) Two members appointed by the minority
leader of the Senate.
‘‘(3) TASK FORCES.—The Commission shall establish
an aviation funding task force and an aviation safety
task force to carry out the responsibilities of the
Commission under this subsection.
‘‘(4) FIRST MEETING.—The Commission may conduct
its first meeting as soon as a majority of the members of the Commission are appointed.
‘‘(5) HEARINGS AND CONSULTATION.—
‘‘(A) HEARINGS.—The Commission shall take such
testimony and solicit and receive such comments
from the public and other interested parties as it
considers appropriate, shall conduct 2 public hearings after affording adequate notice to the public
thereof, and may conduct such additional hearings
as may be necessary.
‘‘(B) CONSULTATION.—The Commission shall consult on a regular and frequent basis with the Secretary, the Secretary of the Treasury, the Committee on Commerce, Science, and Transportation and
the Committee on Finance of the Senate, and the
Committee on Transportation and Infrastructure
and the Committee on Ways and Means of the
House of Representatives.
‘‘(C) FACA NOT TO APPLY.—The Commission shall
not be considered an advisory committee for purposes of the Federal Advisory Committee Act (5
U.S.C. App.).
‘‘(6) DUTIES OF AVIATION FUNDING TASK FORCE.—
‘‘(A) REPORT TO SECRETARY.—
‘‘(i) IN GENERAL.—The aviation funding task
force established pursuant to paragraph (3) shall
submit a report setting forth a comprehensive
analysis of the Administration’s budgetary requirements through fiscal year 2002, based upon
the independent assessment under subsection (a),
that analyzes alternative financing and funding
means for meeting the needs of the aviation system through the year 2002. The task force shall
submit a preliminary report of that analysis to
the Secretary not later than 6 months after the
independent assessment is completed under subsection (a). The Secretary shall provide comments on the preliminary report to the task force
within 30 days after receiving the report. The
task force shall issue a final report of such comprehensive analysis within 30 days after receiving
the Secretary’s comments on its preliminary report.
‘‘(ii) CONTENTS.—The report submitted by the
aviation funding task force under clause (i)—
‘‘(I) shall consider the independent assessment under subsection (a);
‘‘(II) shall consider estimated cost savings, if
any, resulting from the procurement and personnel reforms included in this Act [see Tables
for classification] or in sections 40110(d) and
40122(g) of title 49, United States Code, and additional financial initiatives;

Page 726

‘‘(III) shall include specific recommendations
to Congress on how the Administration can reduce costs, raise additional revenue for the support of agency operations, and accelerate modernization efforts; and
‘‘(IV) shall include a draft bill containing the
changes in law necessary to implement its recommendations.
‘‘(B) RECOMMENDATIONS.—The aviation funding
task force shall make such recommendations under
subparagraph (A)(ii)(III) as the task force deems appropriate. Those recommendations may include—
‘‘(i) proposals for off-budget treatment of the
Airport and Airway Trust Fund;
‘‘(ii) alternative financing and funding proposals, including linked financing proposals;
‘‘(iii) modifications to existing levels of Airport
and Airways Trust Fund receipts and taxes for
each type of tax;
‘‘(iv) establishment of a cost-based user fee system based on, but not limited to, criteria under
subparagraph (F) and methods to ensure that
costs are borne by users on a fair and equitable
basis;
‘‘(v) methods to ensure that funds collected
from the aviation community are able to meet
the needs of the agency;
‘‘(vi) methods to ensure that funds collected
from the aviation community and passengers are
used to support the aviation system;
‘‘(vii) means of meeting the airport infrastructure needs for large, medium, and small airports;
and
‘‘(viii) any other matter the task force deems
appropriate to address the funding and needs of
the Administration and the aviation system.
‘‘(C) ADDITIONAL RECOMMENDATIONS.—The aviation funding task force report may also make recommendations concerning—
‘‘(i) means of improving productivity by expanding and accelerating the use of automation
and other technology;
‘‘(ii) means of contracting out services consistent with this Act, other applicable law, and safety and national defense needs;
‘‘(iii) methods to accelerate air traffic control
modernization and improvements in aviation
safety and safety services;
‘‘(iv) the elimination of unneeded programs; and
‘‘(v) a limited innovative program based on
funding mechanisms such as loan guarantees, financial partnerships with for-profit private sector
entities, government-sponsored enterprises, and
revolving loan funds, as a means of funding specific facilities and equipment projects, and to provide limited additional funding alternatives for
airport capacity development.
‘‘(D) IMPACT ASSESSMENT FOR RECOMMENDATIONS.—
For each recommendation contained in the aviation funding task force’s report, the report shall include a full analysis and assessment of the impact
implementation of the recommendation would have
on—
‘‘(i) safety;
‘‘(ii) administrative costs;
‘‘(iii) the congressional budget process;
‘‘(iv) the economics of the industry (including
the proportionate share of all users);
‘‘(v) the ability of the Administration to utilize
the sums collected; and
‘‘(vi) the funding needs of the Administration.
‘‘(E) TRUST FUND TAX RECOMMENDATIONS.—If the
task force’s report includes a recommendation that
the existing Airport and Airways Trust Fund tax
structure be modified, the report shall—
‘‘(i) state the specific rates for each group affected by the proposed modifications;
‘‘(ii) consider the impact such modifications
shall have on specific users and the public (including passengers); and

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‘‘(iii) state the basis for the recommendations.
‘‘(F) FEE SYSTEM RECOMMENDATIONS.—If the task
force’s report includes a recommendation that a fee
system be established, including an air traffic control performance-based user fee system, the report
shall consider—
‘‘(i) the impact such a recommendation would
have on passengers, air fares (including low-fare,
high frequency service), service, and competition;
‘‘(ii) existing contributions provided by individual air carriers toward funding the Administration and the air traffic control system through
contributions to the Airport and Airways Trust
Fund;
‘‘(iii) continuing the promotion of fair and competitive practices;
‘‘(iv) the unique circumstances associated with
interisland air carrier service in Hawaii and rural
air service in Alaska;
‘‘(v) the impact such a recommendation would
have on service to small communities;
‘‘(vi) the impact such a recommendation would
have on services provided by regional air carriers;
‘‘(vii) alternative methodologies for calculating
fees so as to achieve a fair and reasonable distribution of costs of service among users;
‘‘(viii) the usefulness of phased-in approaches to
implementing such a financing system;
‘‘(ix) means of assuring the provision of general
fund contributions, as appropriate, toward the
support of the Administration; and
‘‘(x) the provision of incentives to encourage
greater efficiency in the provision of air traffic
services by the Administration and greater efficiency in the use of air traffic services by aircraft
operators.
‘‘(7) DUTIES OF AVIATION SAFETY TASK FORCE.—
‘‘(A) REPORT TO ADMINISTRATOR.—Not later than 1
year after the date of the enactment of this Act
[Oct. 9, 1996], the aviation safety task force established pursuant to paragraph (3) shall submit to the
Administrator a report setting forth a comprehensive analysis of aviation safety in the United States
and emerging trends in the safety of particular sectors of the aviation industry.
‘‘(B) CONTENTS.—The report to be submitted
under subparagraph (A) shall include an assessment
of—
‘‘(i) the adequacy of staffing and training resources for safety personnel of the Administration, including safety inspectors;
‘‘(ii) the Administration’s processes for ensuring the public safety from fraudulent parts in
civil aviation and the extent to which use of suspected unapproved parts requires additional oversight or enforcement action; and
‘‘(iii) the ability of the Administration to anticipate changes in the aviation industry and to
develop policies and actions to ensure the highest
level of aviation safety in the 21st century.
‘‘(8) ACCESS TO DOCUMENTS AND STAFF.—The Administration may give the Commission appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make
available, consistent with the authority to withhold
commercial and other proprietary information under
section 552 of title 5, United States Code (commonly
known as the ‘Freedom of Information Act’), cost
data associated with the acquisition and operation of
air traffic service systems. Any member of the Commission who receives commercial or other proprietary data from the Administrator shall be subject to
the provisions of section 1905 of title 18, United
States Code, pertaining to unauthorized disclosure of
such information.
‘‘(9) TRAVEL AND PER DIEM.—Each member of the
Commission shall be paid actual travel expenses, and
per diem in lieu of subsistence expenses when away
from his or her usual place of residence, in accordance with section 5703 of title 5, United States Code.

§ 40101

‘‘(10) DETAIL OF PERSONNEL FROM THE ADMINISTRATION.—The Administrator shall make available to the
Commission such staff, information, and administrative services and assistance as may reasonably be required to enable the Commission to carry out its responsibilities under this subsection.
‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subsection.
‘‘(c) REPORTS TO CONGRESS.—
‘‘(1) REPORT BY THE SECRETARY BASED ON FINAL REPORT OF AVIATION FUNDING TASK FORCE.—
‘‘(A) CONSIDERATION OF TASK FORCE’S PRELIMINARY
REPORT.—Not later than 30 days after receiving the
preliminary report of the aviation funding task
force, the Secretary, in consultation with the Secretary of the Treasury, shall furnish comments on
the report to the task force.
‘‘(B) REPORT TO CONGRESS.—Not later than 30 days
after receiving the final report of the aviation funding task force, and in no event more than 1 year
after the date of the enactment of this Act, the Secretary, after consulting the Secretary of the Treasury, shall transmit a report to the Committee on
Commerce, Science, and Transportation and the
Committee on Finance of the Senate, and the Committee on Transportation and Infrastructure and
the Committee on Ways and Means of the House of
Representatives. Such report shall be based upon
the final report of the task force and shall contain
the Secretary’s recommendations for funding the
needs of the aviation system through the year 2002.
‘‘(C) CONTENTS.—The Secretary shall include in
the report to Congress under subparagraph (B)—
‘‘(i) a copy of the final report of the task force;
and
‘‘(ii) a draft bill containing the changes in law
necessary to implement the Secretary’s recommendations.
‘‘(D) PUBLICATION.—The Secretary shall cause a
copy of the report to be printed in the Federal Register upon its transmittal to Congress under subparagraph (B).
‘‘(2) REPORT BY THE ADMINISTRATOR BASED ON FINAL
REPORT OF AVIATION SAFETY TASK FORCE.—Not later
than 30 days after receiving the report of the aviation
safety task force, the Administrator shall transmit
the report to Congress, together with the Administrator’s recommendations for improving aviation safety
in the United States.
‘‘(d) GAO AUDIT OF COST ALLOCATION.—The Comptroller General shall conduct an assessment of the manner
in which costs for air traffic control services are allocated between the Administration and the Department
of Defense. The Comptroller General shall report the
results of the assessment, together with any recommendations the Comptroller General may have for reallocation of costs and for opportunities to increase the
efficiency of air traffic control services provided by the
Administration and by the Department of Defense, to
the Commission, the Administrator, the Secretary of
Defense, the Committee on Transportation and Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation
of the Senate not later than 180 days after the date of
the enactment of this Act.
‘‘(e) GAO ASSESSMENT.—Not later than 180 days after
the date of the enactment of this Act, the Comptroller
General shall transmit to the Commission and Congress
an independent assessment of airport development
needs.’’
JOINT AVIATION RESEARCH AND DEVELOPMENT
PROGRAM
Pub. L. 103–305, title III, § 303, Aug. 23, 1994, 108 Stat.
1590, provided that:
‘‘(a) ESTABLISHMENT.—The Administrator [of the Federal Aviation Administration], in consultation with the
heads of other appropriate Federal agencies, shall

§ 40101

TITLE 49—TRANSPORTATION

jointly establish a program to conduct research on
aviation technologies that enhance United States competitiveness. The program shall include—
‘‘(1) next-generation satellite communications, including global positioning satellites;
‘‘(2) advanced airport and airplane security;
‘‘(3) environmentally compatible technologies, including technologies that limit or reduce noise and
air pollution;
‘‘(4) advanced aviation safety programs; and
‘‘(5) technologies and procedures to enhance and
improve airport and airway capacity.
‘‘(b) PROCEDURES FOR CONTRACTS AND GRANTS.—The
Administrator and the heads of the other appropriate
Federal agencies shall administer contracts and grants
entered into under the program established under subsection (a) in accordance with procedures developed
jointly by the Administrator and the heads of the other
appropriate Federal agencies. The procedures should
include an integrated acquisition policy for contract
and grant requirements and for technical data rights
that are not an impediment to joint programs among
the Federal Aviation Administration, the other Federal
agencies involved, and industry.
‘‘(c) PROGRAM ELEMENTS.—The program established
under subsection (a) shall include—
‘‘(1) selected programs that jointly enhance public
and private aviation technology development;
‘‘(2) an opportunity for private contractors to be involved in such technology research and development;
and
‘‘(3) the transfer of Government-developed technologies to the private sector to promote economic
strength and competitiveness.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—Of amounts
authorized to be appropriated for fiscal years 1995 and
1996 under section 48102(a) of title 49, United States
Code, as amended by section 302 of this title, there are
authorized to be appropriated for fiscal years 1995 and
1996, respectively, such sums as may be necessary to
carry out this section.’’
AIR QUALITY IN AIRCRAFT CABINS
Pub. L. 108–176, title VIII, § 815, Dec. 12, 2003, 117 Stat.
2592, provided that:
‘‘(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall undertake the studies
and analysis called for in the report of the National Research Council entitled ‘The Airliner Cabin Environment and the Health of Passengers and Crew’.
‘‘(b) REQUIRED ACTIVITIES.—In carrying out this section, the Administrator, at a minimum, shall—
‘‘(1) conduct surveillance to monitor ozone in the
cabin on a representative number of flights and aircraft to determine compliance with existing Federal
Aviation Regulations for ozone;
‘‘(2) collect pesticide exposure data to determine
exposures of passengers and crew;
‘‘(3) analyze samples of residue from aircraft ventilation ducts and filters after air quality incidents
to identify the contaminants to which passengers and
crew were exposed;
‘‘(4) analyze and study cabin air pressure and altitude; and
‘‘(5) establish an air quality incident reporting system.
‘‘(c) REPORT.—Not later than 30 months after the date
of enactment of this Act [Dec. 12, 2003], the Administrator shall transmit to Congress a report on the findings of the Administrator under this section.’’
Pub. L. 106–181, title VII, § 725, Apr. 5, 2000, 114 Stat.
166, provided that:
‘‘(a) STUDY OF AIR QUALITY IN PASSENGER CABINS IN
COMMERCIAL AIRCRAFT.—
‘‘(1) IN GENERAL.—Not later than 60 days after the
date of the enactment of this Act [Apr. 5, 2000], the
Administrator [of the Federal Aviation Administration] shall arrange for and provide necessary data to
the National Academy of Sciences to conduct a 12month, independent study of air quality in passenger

Page 728

cabins of aircraft used in air transportation and foreign air transportation, including the collection of
new data, in coordination with the Federal Aviation
Administration, to identify contaminants in the aircraft air and develop recommendations for means of
reducing such contaminants.
‘‘(2) ALTERNATIVE AIR SUPPLY.—The study should
examine whether contaminants would be reduced by
the replacement of engine and auxiliary power unit
bleed air with an alternative supply of air for the aircraft passengers and crew.
‘‘(3) SCOPE.—The study shall include an assessment
and quantitative analysis of each of the following:
‘‘(A) Contaminants of concern, as determined by
the National Academy of Sciences.
‘‘(B) The systems of air supply on aircraft, including the identification of means by which contaminants may enter such systems.
‘‘(C) The toxicological and health effects of the
contaminants of concern, their byproducts, and the
products of their degradation.
‘‘(D) Any contaminant used in the maintenance,
operation, or treatment of aircraft, if a passenger
or a member of the air crew may be directly exposed to the contaminant.
‘‘(E) Actual measurements of the contaminants of
concern in the air of passenger cabins during actual
flights in air transportation or foreign air transportation, along with comparisons of such measurements to actual measurements taken in public
buildings.
‘‘(4) PROVISION OF CURRENT DATA.—The Administrator shall collect all data of the Federal Aviation
Administration that is relevant to the study and
make the data available to the National Academy of
Sciences in order to complete the study.
‘‘(b) COLLECTION OF AIRCRAFT AIR QUALITY DATA.—
‘‘(1) IN GENERAL.—The Administrator may consider
the feasibility of using the flight data recording system on aircraft to monitor and record appropriate
data related to air inflow quality, including measurements of the exposure of persons aboard the aircraft
to contaminants during normal aircraft operation
and during incidents involving air quality problems.
‘‘(2) PASSENGER CABINS.—The Administrator may
also consider the feasibility of using the flight data
recording system to monitor and record data related
to the air quality in passengers cabins of aircraft.’’
Pub. L. 103–305, title III, § 304, Aug. 23, 1994, 108 Stat.
1591, provided that:
‘‘(a) ESTABLISHMENT.—The Administrator [of the Federal Aviation Administration], in consultation with the
heads of other appropriate Federal agencies, shall establish a research program to determine—
‘‘(1) what, if any, aircraft cabin air conditions, including pressure altitude systems, on flights within
the United States are harmful to the health of airline
passengers and crew, as indicated by physical symptoms such as headaches, nausea, fatigue, and lightheadedness; and
‘‘(2) the risk of airline passengers and crew contracting infectious diseases during flight.
‘‘(b) CONTRACT WITH CENTER FOR DISEASE CONTROL.—
In carrying out the research program established under
subsection (a), the Administrator and the heads of the
other appropriate Federal agencies shall contract with
the Center for Disease Control [now Centers for Disease
Control and Prevention] and other appropriate agencies
to carry out any studies necessary to meet the goals of
the program set forth in subsection (c).
‘‘(c) GOALS.—The goals of the research program established under subsection (a) shall be—
‘‘(1) to determine what, if any, cabin air conditions
currently exist on domestic aircraft used for flights
within the United States that could be harmful to the
health of airline passengers and crew, as indicated by
physical symptoms such as headaches, nausea, fatigue, and lightheadedness, and including the risk of
infection by bacteria and viruses;
‘‘(2) to determine to what extent, changes in, cabin
air pressure, temperature, rate of cabin air circula-

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TITLE 49—TRANSPORTATION

tion, the quantity of fresh air per occupant, and humidity on current domestic aircraft would reduce or
eliminate the risk of illness or discomfort to airline
passengers and crew; and
‘‘(3) to establish a long-term research program to
examine potential health problems to airline passengers and crew that may arise in an airplane cabin
on a flight within the United States because of cabin
air quality as a result of the conditions and changes
described in paragraphs (1) and (2).
‘‘(d) PARTICIPATION.—In carrying out the research
program established under subsection (a), the Administrator shall encourage participation in the program by
representatives of aircraft manufacturers, air carriers,
aviation employee organizations, airline passengers,
and academia.
‘‘(e) REPORT.—(1) Within six months after the date of
enactment of this Act [Aug. 23, 1994], the Administrator
shall submit to the Congress a plan for implementation
of the research program established under subsection
(a).
‘‘(2) The Administrator shall annually submit to the
Congress a report on the progress made during the year
for which the report is submitted toward meeting the
goals set forth in subsection (c).
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of amounts
authorized to be appropriated for fiscal years 1995 and
1996 under section 48102(a) of title 49, United States
Code, as amended by section 302 of this title, there are
authorized to be appropriated for fiscal years 1995 and
1996, respectively, such sums as may be necessary to
carry out this section.’’
INFORMATION ON DISINSECTION OF AIRCRAFT
Pub. L. 103–305, title V, § 507, Aug. 23, 1994, 108 Stat.
1595, provided that:
‘‘(a) AVAILABILITY OF INFORMATION.—In the interest of
protecting the health of air travelers, the Secretary
shall publish a list of the countries (as determined by
the Secretary) that require disinsection of aircraft
landing in such countries while passengers and crew are
on board such aircraft.
‘‘(b) REVISION.—The Secretary shall revise the list required under subsection (a) on a periodic basis.
‘‘(c) PUBLICATION.—The Secretary shall publish the
list required under subsection (a) not later than 30 days
after the date of the enactment of this Act [Aug. 23,
1994]. The Secretary shall publish a revision to the list
not later than 30 days after completing the revision
under subsection (b).’’
GENERAL AVIATION REVITALIZATION ACT OF 1994
Pub. L. 103–298, Aug. 17, 1994, 108 Stat. 1552, as amended by Pub. L. 105–102, § 3(e), Nov. 20, 1997, 111 Stat. 2215,
provided that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘General Aviation Revitalization Act of 1994’.
‘‘SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS
AGAINST AIRCRAFT MANUFACTURERS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), no civil action for damages for death or injury to
persons or damage to property arising out of an accident involving a general aviation aircraft may be
brought against the manufacturer of the aircraft or the
manufacturer of any new component, system, subassembly, or other part of the aircraft, in its capacity
as a manufacturer if the accident occurred—
‘‘(1) after the applicable limitation period beginning on—
‘‘(A) the date of delivery of the aircraft to its first
purchaser or lessee, if delivered directly from the
manufacturer; or
‘‘(B) the date of first delivery of the aircraft to a
person engaged in the business of selling or leasing
such aircraft; or
‘‘(2) with respect to any new component, system,
subassembly, or other part which replaced another

§ 40101

component, system, subassembly, or other part originally in, or which was added to, the aircraft, and
which is alleged to have caused such death, injury, or
damage, after the applicable limitation period beginning on the date of completion of the replacement or
addition.
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply—
‘‘(1) if the claimant pleads with specificity the facts
necessary to prove, and proves, that the manufacturer with respect to a type certificate or airworthiness certificate for, or obligations with respect to
continuing airworthiness of, an aircraft or a component, system, subassembly, or other part of an aircraft knowingly misrepresented to the Federal Aviation Administration, or concealed or withheld from
the Federal Aviation Administration, required information that is material and relevant to the performance or the maintenance or operation of such aircraft, or the component, system, subassembly, or
other part, that is causally related to the harm which
the claimant allegedly suffered;
‘‘(2) if the person for whose injury or death the
claim is being made is a passenger for purposes of receiving treatment for a medical or other emergency;
‘‘(3) if the person for whose injury or death the
claim is being made was not aboard the aircraft at
the time of the accident; or
‘‘(4) to an action brought under a written warranty
enforceable under law but for the operation of this
Act.
‘‘(c) GENERAL AVIATION AIRCRAFT DEFINED.—For the
purposes of this Act, the term ‘general aviation aircraft’ means any aircraft for which a type certificate or
an airworthiness certificate has been issued by the Administrator of the Federal Aviation Administration,
which, at the time such certificate was originally issued, had a maximum seating capacity of fewer than 20
passengers, and which was not, at the time of the accident, engaged in scheduled passenger-carrying operations as defined under regulations in effect under part
A of subtitle VII of title 49, United States Code, at the
time of the accident.
‘‘(d) RELATIONSHIP TO OTHER LAWS.—This section supersedes any State law to the extent that such law permits a civil action described in subsection (a) to be
brought after the applicable limitation period for such
civil action established by subsection (a).
‘‘SEC. 3. OTHER DEFINITIONS.
‘‘For purposes of this Act—
‘‘(1) the term ‘aircraft’ has the meaning given such
term in section 40102(a)(6) of title 49, United States
Code;
‘‘(2) the term ‘airworthiness certificate’ means an
airworthiness certificate issued under section
44704(c)(1) of title 49, United States Code, or under
any predecessor Federal statute;
‘‘(3) the term ‘limitation period’ means 18 years
with respect to general aviation aircraft and the components, systems, subassemblies, and other parts of
such aircraft; and
‘‘(4) the term ‘type certificate’ means a type certificate issued under section 44704(a) of title 49, United
States Code, or under any predecessor Federal statute.
‘‘SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
‘‘(a) EFFECTIVE DATE.—Except as provided in subsection (b), this Act shall take effect on the date of the
enactment of this Act [Aug. 17, 1994].
‘‘(b) APPLICATION OF ACT.—This Act shall not apply
with respect to civil actions commenced before the
date of the enactment of this Act.’’
NATIONAL COMMISSION TO ENSURE A STRONG
COMPETITIVE AIRLINE INDUSTRY
Pub. L. 102–581, title II, § 204, Oct. 31, 1992, 106 Stat.
4891, as amended Pub. L. 103–13, § 1, Apr. 7, 1993, 107
Stat. 43, provided for establishment of National Commission to Ensure a Strong Competitive Airline Indus-

§ 40101

TITLE 49—TRANSPORTATION

try to make a complete investigation and study of financial condition of the airline industry, adequacy of
competition in the airline industry, and legal impediments to a financially strong and competitive airline
industry, to report to President and Congress not later
than 90 days after the date on which initial appointments of members to the Commission were completed,
and to terminate on the 30th day following transmission of report.
EX. ORD. NO. 13479. TRANSFORMATION OF THE NATIONAL
AIR TRANSPORTATION SYSTEM
Ex. Ord. No. 13479, Nov. 18, 2008, 73 F.R. 70241, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Policy. It is the policy of the United States
to establish and maintain a national air transportation
system that meets the present and future civil aviation, homeland security, economic, environmental protection, and national defense needs of the United
States, including through effective implementation of
the Next Generation Air Transportation System
(NextGen).
SEC. 2. Definitions. As used in this order the term
‘‘Next Generation Air Transportation System’’ means
the system to which section 709 of the Vision 100—Century of Aviation Reauthorization Act (Public Law
108–176) (Act) refers.
SEC. 3. Functions of the Secretary of Transportation.
Consistent with sections 709 and 710 of the Act and the
policy set forth in section 1 of this order, the Secretary
of Transportation shall:
(a) take such action within the authority of the Secretary, and recommend as appropriate to the President
such action as is within the authority of the President,
to implement the policy set forth in section 1 of this
order and in particular to implement the NextGen in a
safe, secure, timely, environmentally sound, efficient,
and effective manner;
(b) convene quarterly, unless the Secretary determines that meeting less often is consistent with effective implementation of the policy set forth in section
1 of this order, the Senior Policy Committee established pursuant to section 710 of the Act (Committee);
(c) not later than 60 days after the date of this order,
establish within the Department of Transportation a
support staff (Staff), including employees from departments and agencies assigned pursuant to subsection
4(e) of this order, to support, as directed by the Secretary, the Secretary and the Committee in the performance of their duties relating to the policy set forth
in section 1 of this order; and
(d) not later than 180 days after the date of this order,
establish an advisory committee to provide advice to
the Secretary and, through the Secretary, the Committee concerning the implementation of the policy set
forth in section 1 of this order, including aviation-related subjects and any related performance measures
specified by the Secretary, pursuant to section 710 of
the Act.
SEC. 4. Functions of Other Heads of Executive Departments and Agencies. Consistent with the policy set forth
in section 1 of this order:
(a) the Secretary of Defense shall assist the Secretary
of Transportation by:
(i) collaborating, as appropriate, and verifying that
the NextGen meets the national defense needs of the
United States consistent with the policies and plans
established under applicable Presidential guidance;
and
(ii) furnishing, as appropriate, data streams to integrate national defense capabilities of the United
States civil and military systems relating to the national air transportation system, and coordinating
the development of requirements and capabilities to
address tracking and other activities relating to noncooperative aircraft in consultation with the Secretary of Homeland Security, as appropriate;

Page 730

(b) the Secretary of Commerce shall:
(i) develop and make available, as appropriate, the
capabilities of the Department of Commerce, including those relating to aviation weather and spectrum
management, to support the NextGen; and
(ii) take appropriate account of the needs of the
NextGen in the trade, commerce, and other activities
of the Department of Commerce, including those relating to the development and setting of standards;
(c) the Secretary of Homeland Security shall assist
the Secretary of Transportation by ensuring that:
(i) the NextGen includes the aviation-related security capabilities necessary to ensure the security of
persons, property, and activities within the national
air transportation system consistent with the policies and plans established under applicable Presidential guidance; and
(ii) the Department of Homeland Security shall
continue to carry out all statutory and assigned responsibilities relating to aviation security, border security, and critical infrastructure protection in consultation with the Secretary of Defense, as appropriate;
(d) the Administrator of the National Aeronautics
and Space Administration shall carry out the Administrator’s duties under Executive Order 13419 of December
20, 2006, in a manner consistent with that order and the
policy set forth in section 1 of this order;
(e) the heads of executive departments and agencies
shall provide to the Secretary of Transportation such
information and assistance, including personnel and
other resources for the Staff to which subsection 3(c) of
this order refers, as may be necessary and appropriate
to implement this order as agreed to by the heads of
the departments and agencies involved; and
(f) the Director of the Office of Management and
Budget may issue such instructions as may be necessary to implement subsection 5(b) of this order.
SEC. 5. Additional Functions of the Senior Policy Committee. In addition to performing the functions specified
in section 710 of the Act, the Committee shall:
(a) report not less often than every 2 years to the
President, through the Secretary of Transportation, on
progress made and projected to implement the policy
set forth in section 1 of this order, together with such
recommendations including performance measures for
administrative or other action as the Committee determines appropriate;
(b) review the proposals by the heads of executive departments and agencies to the Director of the Office of
Management and Budget with respect to programs affecting the policy set forth in section 1 of this order,
and make recommendations including performance
measures thereon, through the Secretary of Transportation, to the Director; and
(c) advise the Secretary of Transportation and,
through the Secretary of Transportation, the Secretaries of Defense, Commerce, and Homeland Security, and
the Administrator of the National Aeronautics and
Space Administration, with respect to the activities of
their departments and agencies in the implementation
of the policy set forth in section 1 of this order.
SEC. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or
agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the
United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or
any other person.
GEORGE W. BUSH.

Page 731

TITLE 49—TRANSPORTATION

DEFINITIONS OF TERMS IN PUB. L. 107–71
For definitions of terms used in sections 127 and 145
of Pub. L. 107–71, set out above, see section 133 of Pub.
L. 107–71, set out as a note under section 40102 of this
title.

§ 40102. Definitions
(a) GENERAL DEFINITIONS.—In this part—
(1) ‘‘aeronautics’’ means the science and art
of flight.
(2) ‘‘air carrier’’ means a citizen of the
United States undertaking by any means, directly or indirectly, to provide air transportation.
(3) ‘‘air commerce’’ means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or
the operation of aircraft that directly affects,
or may endanger safety in, foreign or interstate air commerce.
(4) ‘‘air navigation facility’’ means a facility
used, available for use, or designed for use, in
aid of air navigation, including—
(A) a landing area;
(B) a light;
(C) apparatus or equipment for distributing weather information, signaling, radio-directional finding, or radio or other electromagnetic communication; and
(D) another structure or mechanism for
guiding or controlling flight in the air or the
landing and takeoff of aircraft.
(5) ‘‘air transportation’’ means foreign air
transportation, interstate air transportation,
or the transportation of mail by aircraft.
(6) ‘‘aircraft’’ means any contrivance invented, used, or designed to navigate, or fly in,
the air.
(7) ‘‘aircraft engine’’ means an engine used,
or intended to be used, to propel an aircraft,
including a part, appurtenance, and accessory
of the engine, except a propeller.
(8) ‘‘airman’’ means an individual—
(A) in command, or as pilot, mechanic, or
member of the crew, who navigates aircraft
when under way;
(B) except to the extent the Administrator
of the Federal Aviation Administration may
provide otherwise for individuals employed
outside the United States, who is directly in
charge of inspecting, maintaining, overhauling, or repairing aircraft, aircraft engines,
propellers, or appliances; or
(C) who serves as an aircraft dispatcher or
air traffic control-tower operator.
(9) ‘‘airport’’ means a landing area used regularly by aircraft for receiving or discharging
passengers or cargo.
(10) ‘‘all-cargo air transportation’’ means
the transportation by aircraft in interstate air
transportation of only property or only mail,
or both.
(11) ‘‘appliance’’ means an instrument,
equipment, apparatus, a part, an appurtenance, or an accessory used, capable of being
used, or intended to be used, in operating or
controlling aircraft in flight, including a parachute, communication equipment, and another
mechanism installed in or attached to aircraft

§ 40102

during flight, and not a part of an aircraft, aircraft engine, or propeller.
(12) ‘‘cargo’’ means property, mail, or both.
(13) ‘‘charter air carrier’’ means an air carrier holding a certificate of public convenience
and necessity that authorizes it to provide
charter air transportation.
(14) ‘‘charter air transportation’’ means
charter trips in air transportation authorized
under this part.
(15) ‘‘citizen of the United States’’ means—
(A) an individual who is a citizen of the
United States;
(B) a partnership each of whose partners is
an individual who is a citizen of the United
States; or
(C) a corporation or association organized
under the laws of the United States or a
State, the District of Columbia, or a territory or possession of the United States, of
which the president and at least two-thirds
of the board of directors and other managing
officers are citizens of the United States,
which is under the actual control of citizens
of the United States, and in which at least 75
percent of the voting interest is owned or
controlled by persons that are citizens of the
United States.
(16) ‘‘civil aircraft’’ means an aircraft except
a public aircraft.
(17) ‘‘civil aircraft of the United States’’
means an aircraft registered under chapter 441
of this title.
(18) ‘‘conditional sales contract’’ means a
contract—
(A) for the sale of an aircraft, aircraft engine, propeller, appliance, or spare part,
under which the buyer takes possession of
the property but title to the property vests
in the buyer at a later time on—
(i) paying any part of the purchase price;
(ii) performing another condition; or
(iii) the happening of a contingency; or
(B) to bail or lease an aircraft, aircraft engine, propeller, appliance, or spare part,
under which the bailee or lessee—
(i) agrees to pay an amount substantially equal to the value of the property;
and
(ii) is to become, or has the option of becoming, the owner of the property on complying with the contract.
(19) ‘‘conveyance’’ means an instrument, including a conditional sales contract, affecting
title to, or an interest in, property.
(20) ‘‘Federal airway’’ means a part of the
navigable airspace that the Administrator designates as a Federal airway.
(21) ‘‘foreign air carrier’’ means a person, not
a citizen of the United States, undertaking by
any means, directly or indirectly, to provide
foreign air transportation.
(22) ‘‘foreign air commerce’’ means the
transportation of passengers or property by
aircraft for compensation, the transportation
of mail by aircraft, or the operation of aircraft
in furthering a business or vocation, between a
place in the United States and a place outside
the United States when any part of the transportation or operation is by aircraft.

§ 40102

TITLE 49—TRANSPORTATION

(23) ‘‘foreign air transportation’’ means the
transportation of passengers or property by
aircraft as a common carrier for compensation, or the transportation of mail by aircraft,
between a place in the United States and a
place outside the United States when any part
of the transportation is by aircraft.
(24) ‘‘interstate air commerce’’ means the
transportation of passengers or property by
aircraft for compensation, the transportation
of mail by aircraft, or the operation of aircraft
in furthering a business or vocation—
(A) between a place in—
(i) a State, territory, or possession of the
United States and a place in the District of
Columbia or another State, territory, or
possession of the United States;
(ii) a State and another place in the
same State through the airspace over a
place outside the State;
(iii) the District of Columbia and another place in the District of Columbia; or
(iv) a territory or possession of the
United States and another place in the
same territory or possession; and
(B) when any part of the transportation or
operation is by aircraft.
(25) ‘‘interstate air transportation’’ means
the transportation of passengers or property
by aircraft as a common carrier for compensation, or the transportation of mail by aircraft—
(A) between a place in—
(i) a State, territory, or possession of the
United States and a place in the District of
Columbia or another State, territory, or
possession of the United States;
(ii) Hawaii and another place in Hawaii
through the airspace over a place outside
Hawaii;
(iii) the District of Columbia and another place in the District of Columbia; or
(iv) a territory or possession of the
United States and another place in the
same territory or possession; and
(B) when any part of the transportation is
by aircraft.
(26) ‘‘intrastate air carrier’’ means a citizen
of the United States undertaking by any
means to provide only intrastate air transportation.
(27) ‘‘intrastate air transportation’’ means
the transportation by a common carrier of
passengers or property for compensation, entirely in the same State, by turbojet-powered
aircraft capable of carrying at least 30 passengers.
(28) ‘‘landing area’’ means a place on land or
water, including an airport or intermediate
landing field, used, or intended to be used, for
the takeoff and landing of aircraft, even when
facilities are not provided for sheltering, servicing, or repairing aircraft, or for receiving or
discharging passengers or cargo.
(29) ‘‘large hub airport’’ means a commercial
service airport (as defined in section 47102)
that has at least 1.0 percent of the passenger
boardings.
(30) ‘‘mail’’ means United States mail and
foreign transit mail.

Page 732

(31) ‘‘medium hub airport’’ means a commercial service airport (as defined in section 47102)
that has at least 0.25 percent but less than 1.0
percent of the passenger boardings.
(32) ‘‘navigable airspace’’ means airspace
above the minimum altitudes of flight prescribed by regulations under this subpart and
subpart III of this part, including airspace
needed to ensure safety in the takeoff and
landing of aircraft.
(33) ‘‘navigate aircraft’’ and ‘‘navigation of
aircraft’’ include piloting aircraft.
(34) ‘‘nonhub airport’’ means a commercial
service airport (as defined in section 47102)
that has less than 0.05 percent of the passenger
boardings.
(35) ‘‘operate aircraft’’ and ‘‘operation of aircraft’’ mean using aircraft for the purposes of
air navigation, including—
(A) the navigation of aircraft; and
(B) causing or authorizing the operation of
aircraft with or without the right of legal
control of the aircraft.
(36) ‘‘passenger boardings’’—
(A) means, unless the context indicates
otherwise, revenue passenger boardings in
the United States in the prior calendar year
on an aircraft in service in air commerce, as
the Secretary determines under regulations
the Secretary prescribes; and
(B) includes passengers who continue on an
aircraft in international flight that stops at
an airport in the 48 contiguous States, Alaska, or Hawaii for a nontraffic purpose.
(37) ‘‘person’’, in addition to its meaning
under section 1 of title 1, includes a governmental authority and a trustee, receiver, assignee, and other similar representative.
(38) ‘‘predatory’’ means a practice that violates the antitrust laws as defined in the first
section of the Clayton Act (15 U.S.C. 12).
(39) ‘‘price’’ means a rate, fare, or charge.
(40) ‘‘propeller’’ includes a part, appurtenance, and accessory of a propeller.
(41) ‘‘public aircraft’’ means any of the following:
(A) Except with respect to an aircraft described in subparagraph (E), an aircraft used
only for the United States Government, except as provided in section 40125(b).
(B) An aircraft owned by the Government
and operated by any person for purposes related to crew training, equipment development, or demonstration, except as provided
in section 40125(b).
(C) An aircraft owned and operated by the
government of a State, the District of Columbia, or a territory or possession of the
United States or a political subdivision of
one of these governments, except as provided
in section 40125(b).
(D) An aircraft exclusively leased for at
least 90 continuous days by the government
of a State, the District of Columbia, or a territory or possession of the United States or
a political subdivision of one of these governments, except as provided in section
40125(b).
(E) An aircraft owned or operated by the
armed forces or chartered to provide trans-

Page 733

§ 40102

TITLE 49—TRANSPORTATION

portation or other commercial air service to
the armed forces under the conditions specified by section 40125(c). In the preceding sentence, the term ‘‘other commercial air service’’ means an aircraft operation that (i) is
within the United States territorial airspace; (ii) the Administrator of the Federal
Aviation Administration determines is
available for compensation or hire to the
public, and (iii) must comply with all applicable civil aircraft rules under title 14, Code
of Federal Regulations.
(42) ‘‘small hub airport’’ means a commercial service airport (as defined in section 47102)
that has at least 0.05 percent but less than 0.25
percent of the passenger boardings.
(43) ‘‘spare part’’ means an accessory, appurtenance, or part of an aircraft (except an aircraft engine or propeller), aircraft engine (except a propeller), propeller, or appliance, that
is to be installed at a later time in an aircraft,
aircraft engine, propeller, or appliance.
(44) ‘‘State authority’’ means an authority
of a State designated under State law—
(A) to receive notice required to be given a
State authority under subpart II of this
part; or
(B) as the representative of the State before the Secretary of Transportation in any
matter about which the Secretary is required to consult with or consider the views
of a State authority under subpart II of this
part.
(45) ‘‘ticket agent’’ means a person (except
an air carrier, a foreign air carrier, or an employee of an air carrier or foreign air carrier)
that as a principal or agent sells, offers for
sale, negotiates for, or holds itself out as selling, providing, or arranging for, air transportation.
(46) ‘‘United States’’ means the States of the
United States, the District of Columbia, and
the territories and possessions of the United
States, including the territorial sea and the
overlying airspace.
(47) ‘‘air traffic control system’’ means the
combination of elements used to safely and efficiently monitor, direct, control, and guide
aircraft in the United States and United
States-assigned airspace, including—
(A) allocated electromagnetic spectrum
and physical, real, personal, and intellectual
property assets making up facilities, equipment, and systems employed to detect,
track, and guide aircraft movement;
(B) laws, regulations, orders, directives,
agreements, and licenses;
(C) published procedures that explain required actions, activities, and techniques
used to ensure adequate aircraft separation;
and
(D) trained personnel with specific technical capabilities to satisfy the operational,
engineering, management, and planning requirements for air traffic control.

1994, 108 Stat. 1606; Pub. L. 103–411, § 3(a), Oct. 25,
1994, 108 Stat. 4236; Pub. L. 103–429, § 6(46), Oct.
31, 1994, 108 Stat. 4384; Pub. L. 105–137, § 6, Dec. 2,
1997, 111 Stat. 2641; Pub. L. 106–181, title III, § 301,
title VII, § 702(a), Apr. 5, 2000, 114 Stat. 115, 155;
Pub. L. 108–176, title II, § 225(a), title VIII, § 807,
Dec. 12, 2003, 117 Stat. 2528, 2588; Pub. L. 110–181,
div. A, title X, § 1078(a), Jan. 28, 2008, 122 Stat.
334.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

49 App.:1301(2).

40102(a)(2) ..

49 App.:1301(3) (less
proviso).
49 App.:1301(4).

40102(a)(3) ..

40102(a)(4) ..
40102(a)(5) ..
40102(a)(6),
(7).
40102(a)(8) ..

49 App.:1301(7).
49 App.:1655(c)(1).

49 App.:1301(9).
49 App.:1301(11).

40102(a)(11)

49 App.:1301(12).

40102(a)(12)
40102(a)(13)

(no source).
49 App.:1301(14) (less
certificate).

40102(a)(14)

49 App.:1301(15).
49 App.:1551(b)(1)(E).

40102(a)
(15)–(18).
40102(a)(19)
40102(a)(20)
40102(a)(21)
40102(a)(22)
40102(a)(23)

40102(a)(24)

40102(a)(25)

40102(a)
(26)–(32).
40102(a)(33)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 101(2), (3) (less proviso),
(5)–(10), 413, 72 Stat. 737,
770.
Aug. 23, 1958, Pub. L. 85–726,
§ 101(4), 72 Stat. 737; Sept.
5, 1961, Pub. L. 87–197, § 3,
75 Stat. 467.

49 App.:1301(8).
49 App.:1301(10).
49 App.:1301(5), (6).

40102(a)(9) ..
40102(a)(10)

(b) LIMITED DEFINITION.—In subpart II of this
part, ‘‘control’’ means control by any means.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1097;
Pub. L. 103–305, title VI, § 601(b)(2)(B), Aug. 23,

Source (U.S. Code)

40102(a)(1) ..

Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 101(11);
added Nov. 9, 1977, Pub. L.
95–163, § 17(b)(2), 91 Stat.
1286; restated Oct. 4, 1984,
Pub. L. 98–443, § 9(a)(1), 98
Stat. 1706.
Aug. 23, 1958, Pub. L. 85–726,
§ 101(12), (16)–(34), (37), (40),
(41), 72 Stat. 737, 739; July
10, 1962, Pub. L. 87–528, § 1,
76 Stat. 143; Sept. 26, 1968,
Pub. L. 90–514, § 1, 82 Stat.
867; Oct. 14, 1970, Pub. L.
91–449, § 1(2), 84 Stat. 921;
Aug. 5, 1974, Pub. L.
93–366, § 206, 88 Stat. 419;
Nov. 9, 1977, Pub. L. 95–163,
§ 17(b)(1), 91 Stat. 1286;
Oct. 24, 1978, Pub. L.
95–504, § 2(a)(4), (b), 92
Stat. 1705.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 101(14) (less
certificate), (15); added
Oct. 24, 1978, Pub. L.
95–504, § 2(a)(1), 92 Stat.
1705.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

49 App.:1301(16)–(19).
49
49
49
49
49

App.:1301(20).
App.:1301(21).
App.:1655(c)(1).
App.:1301(22).
App.:1301(23) (related to foreign
air commerce).
49 App.:1301(24) (related to foreign
air transportation).
49 App.:1301(23) (related to interstate and overseas
air commerce).
49 App.:1301(24) (related to interstate and overseas
air transportation).
49 App.:1305(b)(2),
(d) (related to
(b)(2)).
49 App.:1301(25)–(31).
49 App.:1301(32).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 105(b)(2), (d)
(related to (b)(2)); added
Oct. 24, 1978, Pub. L.
95–504, § 4(a), 92 Stat. 1708.

§ 40102

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

40102(a)(34)

49 App.:1301(35).

40102(a)(35)
40102(a)(36)
40102(a)(37)

(no source).
49 App.:1301(33), (34).
49 App.:1301(36).

40102(a)(38)
40102(a)(39)
40102(a)(40)
40102(a)(41)
40102(b) ......

49
49
49
49
49

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 101(35), (39);
added Oct. 24, 1978, Pub. L.
95–504, § 2(a)(2), (3), (b), 92
Stat. 1705.
Aug. 23, 1958, Pub. L. 85–726,
§ 101(36), 72 Stat. 739; Aug.
5, 1974, Pub. L. 93–366,
§ 206, 88 Stat. 419; Nov. 9,
1977,
Pub.
L.
95–163,
§ 17(b)(1), 91 Stat. 1286;
Oct. 24, 1978, Pub. L.
95–504, § 2, 92 Stat. 1705;
Dec. 30, 1987, Pub. L.
100–223, § 207, 101 Stat.
1523.

App.:1301(37).
App.:1301(39).
App.:1301(40).
App.:1301(41).
App.:1383.

In subsection (a)(2), the words ‘‘by any means’’ are
substituted for ‘‘whether . . . or by a lease or any other
arrangement’’ to eliminate unnecessary words. The
word ‘‘provide’’ is substituted for ‘‘engage in’’ for consistency in the revised title.
In subsection (a)(3), the words ‘‘or navigation’’ are
omitted as being included in the definition of ‘‘operation of aircraft’’ in this subsection.
In subsection (a)(4)(D), the words ‘‘having a similar
purpose’’ are omitted as surplus.
In subsection (a)(6), the words ‘‘now known or hereafter’’ are omitted as surplus.
In subsection (a)(7), the words ‘‘of the engine’’ are
substituted for ‘‘thereof’’ for clarity.
In subsection (a)(8)(A), the words ‘‘as the person’’ are
omitted as surplus.
In subsection (a)(10), the word ‘‘transportation’’ is
substituted for ‘‘carriage’’ for consistency in the revised title.
In subsection (a)(11), the words ‘‘of whatever description’’ are omitted as surplus. The word ‘‘navigation’’ is
omitted as being included in the definition of ‘‘operate
aircraft’’ in this subsection. The words ‘‘or mechanisms’’ are omitted because of 1:1.
Subsection (a)(12) is added for clarity to distinguish
between cargo (which includes mail) and property
(which does not include mail).
In subsection (a)(13), the word ‘‘provide’’ is substituted for ‘‘engage in’’ for consistency in the revised
title.
In subsection (a)(14), the words ‘‘including inclusive
tour charter trips’’ are omitted as obsolete. The words
‘‘authorized under this part’’ are substituted for ‘‘rendered pursuant to authority conferred under this chapter under regulations prescribed by the Board’’ to
eliminate unnecessary words.
In subsection (a)(15)(A), the words ‘‘or of one of its
possessions’’ are omitted as being included in the definition of ‘‘United States’’ in this subsection.
In subsection (a)(15)(C), the words ‘‘created or’’ are
omitted as being included in ‘‘organized’’.
In subsection (a)(17), the words ‘‘chapter 441 of this
title’’ are substituted for ‘‘this chapter’’ for clarity because aircraft are registered only under chapter 441.
In subsection (a)(18), the text of 49 App.:1301(19) (last
sentence) is omitted as surplus.
In subsection (a)(18)(A), before subclause (i), the
words ‘‘title to’’ are added for clarity and consistency
in this section.
In subsection (a)(18)(B)(i), the words ‘‘as compensation’’ are omitted as surplus.
In subsection (a)(18)(B)(ii), the words ‘‘it is agreed
that’’, ‘‘bound’’, ‘‘full’’, and ‘‘the terms of’’ are omitted
as surplus.
In subsection (a)(19), the words ‘‘bill of sale . . . mortgage, assignment of mortgage, or other’’ are omitted as
being included in ‘‘instrument’’.

Page 734

In subsection (a)(20), the words ‘‘of the United
States’’ are omitted for consistency in the revised title
and because of the definition of ‘‘navigable airspace’’ in
this subsection.
In subsection (a)(21), the words ‘‘by any means’’ are
substituted for ‘‘whether . . . or by lease or any other
arrangement’’ to eliminate unnecessary words. The
word ‘‘provide’’ is substituted for ‘‘engage in’’ for consistency in the revised title.
In subsection (a)(22)–(25) and (27), the words ‘‘transportation’’ and ‘‘passengers’’ are substituted for ‘‘carriage’’ and ‘‘persons’’, respectively, for consistency in
the revised title. The word ‘‘compensation’’ is substituted for, and is coextensive with, ‘‘compensation or
hire’’.
In subsection (a)(22) and (24), the words ‘‘or navigation’’ are omitted as being included in the definition of
‘‘operation of aircraft’’ in this subsection. The words
‘‘the conduct or’’ and ‘‘in commerce’’ are omitted as
surplus. The words ‘‘when any part of the transportation or operation is by aircraft’’ are substituted for
49 App.:1301(23) (words after last semicolon) to eliminate unnecessary words.
In subsection (a)(23) and (25), the words ‘‘in commerce’’ are omitted as surplus. The words ‘‘when any
part of the transportation is by aircraft’’ are substituted for 49 App.:1301(24) (words after last semicolon)
to eliminate unnecessary words.
In subsection (a)(24), (25), and (27), the words ‘‘of the
United States’’ are omitted as surplus.
In subsection (a)(24)(A)(i) and (25)(A)(i), the words ‘‘or
the District of Columbia’’ the first time they appear
are omitted as surplus.
In
subsection
(a)(25)(A)(ii),
the
text
of
49
App.:1301(24)(a) (words between semicolons) is omitted
because 49 App.:1305(b)(2) removes the subject matter of
the text from the definition. See H. Rept. No. 95–1211,
95th Cong., 2d Sess., p.16 (1978).
In subsection (a)(26), the words ‘‘by any means’’ are
substituted for ‘‘whether . . . or by a lease or any other
arrangement’’ to eliminate unnecessary words. The
word ‘‘provide’’ is substituted for ‘‘engage’’ for consistency in the revised title.
In subsection (a)(28), the word ‘‘place’’ is substituted
for ‘‘locality’’ for consistency in the revised title.
In subsection (a)(32)(B), the words ‘‘(in the capacity
of owner, lessee, or otherwise)’’ are omitted as surplus.
In subsection (a)(33), the words ‘‘in addition to its
meaning under section 1 of title 1’’ are substituted for
‘‘any individual, firm, copartnership, corporation, company, association, joint stock association’’ for clarity
because 1:1 is applicable to all laws unless otherwise
provided. The words ‘‘governmental authority’’ are substituted for ‘‘body politic’’ for consistency in the revised title and with other titles of the United States
Code.
Subsection (a)(35) is added to eliminate repetition of
the words ‘‘rates, fares, or charges’’ throughout this
part.
In subsection (a)(36), the text of 49 App.:1301(34) (1st
sentence) is omitted as obsolete. Reference to the
Canal Zone is omitted because of the Panama Canal
Treaty of 1977. The text of 49 App.:1301(34) (last sentence) is omitted because of 48:734.
Subsection (a)(37)(A)(i) is substituted for ‘‘used exclusively in the service of any government’’ and ‘‘For purposes of this paragraph, ‘used exclusively in the service
of’ means, for other than the Federal Government’’ for
clarity and to eliminate unnecessary words.
Subsection (a)(37)(A)(ii) is substituted for ‘‘used exclusively in the service of any government or of any political subdivision thereof, including the government of
any State, Territory, or possession of the United
States, or the District of Columbia’’ and ‘‘For purposes
of this paragraph, ‘used exclusively in the service of’
means, for other than the Federal Government, an aircraft which is owned and operated by a governmental
entity for other than commercial purposes or which is
exclusively leased by such governmental entity for not
less than 90 continuous days’’ for clarity and to eliminate unnecessary words.

Page 735

TITLE 49—TRANSPORTATION

In subsection (a)(37)(B), the words ‘‘transporting passengers or property’’ are substituted for ‘‘engaged in
carrying persons or property’’ for consistency in the revised title.
In subsection (a)(38), the words ‘‘that is to be installed at a later time’’ are substituted for ‘‘maintained
for installation or use . . . but which at the time are
not installed therein or attached thereto’’ to eliminate
unnecessary words.
In subsection (a)(39), the word ‘‘authority’’ is substituted for ‘‘agency’’ and ‘‘entity’’ for consistency in
the revised title. Before subclause (A), the words ‘‘department, agency, officer, or other’’ are omitted as
being included in ‘‘authority’’.
In subsection (a)(40), the words ‘‘bona fide’’ and ‘‘by
solicitation, advertisement, or otherwise’’ are omitted
as surplus. The words ‘‘furnishes, contracts’’ are omitted as being included in ‘‘providing, or arranging’’.
In subsection (a)(41), the words ‘‘States of the United
States’’ are substituted for ‘‘several States’’, and the
word ‘‘sea’’ is substituted for ‘‘waters’’, for consistency
in the revised title and with other titles of the Code.
Subsection (b) is substituted for 49 App.:1383 to eliminate unnecessary words.

§ 40103

EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
Amendment by Pub. L. 103–411 effective on the 180th
day following Oct. 25, 1994, see section 3(d) of Pub. L.
103–411, set out as a note under section 1131 of this title.
Amendment by Pub. L. 103–305 effective Jan. 1, 1995,
see section 601(d) of Pub. L. 103–305, set out as a note
under section 10521 of this title.
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see
Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.
DEFINITIONS OF TERMS IN PUB. L. 107–71
Pub. L. 107–71, title I, § 133, Nov. 19, 2001, 115 Stat. 636,
provided that: ‘‘Except as otherwise explicitly provided, any term used in this title [see Tables for classification] that is defined in section 40102 of title 49,
United States Code, has the meaning given that term
in that section.’’

PUB. L. 103–429

DEFINITIONS APPLICABLE TO PUB. L. 106–181

This makes a conforming amendment for consistency
with the style of title 49.

Pub. L. 106–181, § 4, Apr. 5, 2000, 114 Stat. 64, provided
that: ‘‘Except as otherwise provided in this Act [see
Tables for classification], the following definitions
apply:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the Federal Aviation Administration.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of Transportation.’’

AMENDMENTS
2008—Subsec. (a)(41)(E). Pub. L. 110–181 inserted ‘‘or
other commercial air service’’ after ‘‘transportation’’
and inserted at end ‘‘In the preceding sentence, the
term ‘other commercial air service’ means an aircraft
operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal
Aviation Administration determines is available for
compensation or hire to the public, and (iii) must comply with all applicable civil aircraft rules under title
14, Code of Federal Regulations.’’
2003—Subsec. (a)(15)(C). Pub. L. 108–176, § 807, inserted
‘‘which is under the actual control of citizens of the
United States,’’ before ‘‘and in which’’.
Subsec. (a)(29) to (47). Pub. L. 108–176, § 225(a), added
pars. (29), (31), (34), (36), and (42) and redesignated
former pars. (29), (30), (31), (32), (33), (34), (35), (36), (37),
(38), (39), (40), (41), and (42) as (30), (32), (33), (35), (37),
(38), (39), (40), (41), (43), (44), (45), (46), and (47), respectively.
2000—Subsec. (a)(37). Pub. L. 106–181, § 702(a), amended
par. (37) generally, revising and restating provisions defining ‘‘public aircraft’’ to include references to qualifications found in section 40125(b) and (c).
Subsec. (a)(42). Pub. L. 106–181, § 301, added par. (42).
1997—Subsec. (a)(37)(A). Pub. L. 105–137 struck out
‘‘or’’ at end of cl. (i), added cl. (ii), and redesignated
former cl. (ii) as (iii).
1994—Subsec. (a)(30). Pub. L. 103–429 substituted ‘‘this
subpart and subpart III’’ for ‘‘subparts I and III’’.
Subsec. (a)(35). Pub. L. 103–305 struck out ‘‘for air
transportation’’ after ‘‘charge’’.
Subsec. (a)(37)(B). Pub. L. 103–411 added subpar. (B)
and struck out former subpar. (B) which read as follows: ‘‘does not include a government-owned aircraft
transporting passengers or property for commercial
purposes.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

DEFINITIONS APPLICABLE TO PUB. L. 103–305
Section 2 of Pub. L. 103–305 provided that: ‘‘In this
Act [see Short Title of 1994 Amendment note set out
under section 40101 of this title], the following definitions apply:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the Federal Aviation Administration.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of Transportation.’’

§ 40103. Sovereignty and use of airspace
(a) SOVEREIGNTY AND PUBLIC RIGHT OF TRANSIT.—(1) The United States Government has exclusive sovereignty of airspace of the United
States.
(2) A citizen of the United States has a public
right of transit through the navigable airspace.
To further that right, the Secretary of Transportation shall consult with the Architectural
and Transportation Barriers Compliance Board
established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) before prescribing
a regulation or issuing an order or procedure
that will have a significant impact on the accessibility of commercial airports or commercial
air transportation for handicapped individuals.
(b) USE OF AIRSPACE.—(1) The Administrator
of the Federal Aviation Administration shall develop plans and policy for the use of the navigable airspace and assign by regulation or order
the use of the airspace necessary to ensure the
safety of aircraft and the efficient use of airspace. The Administrator may modify or revoke
an assignment when required in the public interest.
(2) The Administrator shall prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for—

§ 40103

TITLE 49—TRANSPORTATION

(A) navigating, protecting, and identifying
aircraft;
(B) protecting individuals and property on
the ground;
(C) using the navigable airspace efficiently;
and
(D) preventing collision between aircraft, between aircraft and land or water vehicles, and
between aircraft and airborne objects.
(3) To establish security provisions that will
encourage and allow maximum use of the navigable airspace by civil aircraft consistent with
national security, the Administrator, in consultation with the Secretary of Defense, shall—
(A) establish areas in the airspace the Administrator decides are necessary in the interest of national defense; and
(B) by regulation or order, restrict or prohibit flight of civil aircraft that the Administrator cannot identify, locate, and control
with available facilities in those areas.
(4) Notwithstanding the military exception in
section 553(a)(1) of title 5, subchapter II of chapter 5 of title 5 applies to a regulation prescribed
under this subsection.
(c) FOREIGN AIRCRAFT.—A foreign aircraft, not
part of the armed forces of a foreign country,
may be navigated in the United States as provided in section 41703 of this title.
(d) AIRCRAFT OF ARMED FORCES OF FOREIGN
COUNTRIES.—Aircraft of the armed forces of a
foreign country may be navigated in the United
States only when authorized by the Secretary of
State.
(e) NO EXCLUSIVE RIGHTS AT CERTAIN FACILITIES.—A person does not have an exclusive right
to use an air navigation facility on which Government money has been expended. However,
providing services at an airport by only one
fixed-based operator is not an exclusive right
if—
(1) it is unreasonably costly, burdensome, or
impractical for more than one fixed-based operator to provide the services; and
(2) allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator
and the airport.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1101.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

40103(a)(1) ..

49 App.:1508(a) (1st
sentence).

40103(a)(2) ..

49 App.:1304.

49 App.:1551(b)(1)(E).

40103(b)(1) ..

40103(b)(2) ..
40103(b)(3) ..

49 App.:1348(a).
49 App.:1655(c)(1).

49 App.:1348(c).
49 App.:1655(c)(1).
49 App.:1521.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 307(a), (c), (d), 308(a) (3d
sentence), 1108(a), 1201,
1202, 72 Stat. 749, 750, 751,
798, 800.
Aug. 23, 1958, Pub. L. 85–726,
§ 104, 72 Stat. 740; Oct. 4,
1984, Pub. L. 98–443, § 14, 98
Stat. 1711.
Aug. 28, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

Page 736

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

40103(b)(4) ..
40103(c) ......
40103(d) ......
40103(e) ......

Source (U.S. Code)
49 App.:1522.
49 App.:1655(c)(1).
49 App.:1348(d).
(no source).
49 App.:1508(a) (last
sentence).
49 App.:1349(a) (3d
sentence).
49 App.:1349(a) (last
sentence).

Source (Statutes at Large)

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 308(a) (last
sentence); added Sept. 3,
1982,
Pub.
L.
97–248,
§ 524(a)(1), 96 Stat. 695.

In subsection (a)(1), the word ‘‘has’’ is substituted for
‘‘is declared to possess and exercise complete and’’ to
eliminate surplus words. The word ‘‘national’’ is omitted as surplus. The text of 49 App.:1508(a) (1st sentence
words after 1st comma) is omitted as surplus.
In subsection (a)(2), the words ‘‘of the United States’’
are omitted for consistency in the revised title and because of the definition of ‘‘navigable airspace’’ in section 40102(a) of the revised title. The words ‘‘or amending’’ are omitted as surplus.
In subsection (b), the word ‘‘Administrator’’ in section 307(a), (c), and (d) of the Federal Aviation Act of
1958 (Public Law 85–726, 72 Stat. 749, 750) is retained on
authority of 49:106(g).
In subsection (b)(1) and (3)(B), the word ‘‘rule’’ is
omitted as being synonymous with ‘‘regulation’’.
In subsection (b)(1), the words ‘‘under such terms,
conditions, and limitations as he may deem’’ are omitted as surplus. The words ‘‘In the exercise of his authority under section 1348(a) of this Appendix’’ in 49
App.:1522 are omitted as unnecessary because of the restatement.
In subsection (b)(2), before clause (A), the word
‘‘shall’’ is substituted for ‘‘is further authorized and directed’’ for consistency in the revised title and to
eliminate unnecessary words.
In subsection (b)(3), before clause (A), the words ‘‘In
the exercise of his authority under section 1348(a) of
this Appendix’’ in 49 App.:1522 are omitted as surplus.
The word ‘‘navigable’’ is added for clarity and consistency. In clause (A), the words ‘‘such zones or’’ are omitted as surplus.
In subsection (b)(4), the words ‘‘the military exception’’ are substituted for ‘‘any exception relating to
military or naval functions’’ to eliminate unnecessary
words and because ‘‘naval’’ is included in ‘‘military’’.
The words ‘‘applies to a regulation prescribed under’’
are substituted for ‘‘In the exercise of the rulemaking
authority . . . the Secretary of Transportation shall be
subject to’’ to eliminate unnecessary words and because ‘‘rules’’ and ‘‘regulations’’ are synonymous.
Subsection (c) is added for clarity.
In subsection (d), the words ‘‘including the Canal
Zone’’ are omitted because of the Panama Canal Treaty
of 1977.
In subsection (e), before clause (1), the words ‘‘any
landing area’’ are omitted as being included in the definition of ‘‘air navigation facility’’ in section 40102(a) of
the revised title. The word ‘‘only’’ is added for clarity.
In clause (2), the words ‘‘on September 3, 1982’’ are
added for clarity.
REGULATIONS
Pub. L. 85–726, title VI, § 613(a), (b), as added by Pub.
L.101–508, title IX, § 9124, Nov. 5, 1990, 104 Stat. 1388–370,
provided that:
‘‘(a) NATIONAL DISASTER AREAS.—Before the 180th day
following the date of the enactment of this section
[Nov. 5, 1990], the Administrator, for safety and humanitarian reasons, shall issue such regulations as may be
necessary to prohibit or otherwise restrict aircraft
overflights of any inhabited area which has been declared a national disaster area in the State of Hawaii.
‘‘(b) EXCEPTIONS.—Regulations issued pursuant to
subsection (a) shall not be applicable in the case of air-

Page 737

craft overflights involving an emergency
ligitimate [sic] scientific purpose.’’

or

a

NATIONAL AIRSPACE REDESIGN
Pub. L. 106–181, title VII, § 736, Apr. 5, 2000, 114 Stat.
171, provided that:
‘‘(a) FINDINGS.—Congress makes the following findings:
‘‘(1) The national airspace, comprising more than 29
million square miles, handles more than 55,000 flights
per day.
‘‘(2) Almost 2,000,000 passengers per day traverse the
United States through 20 major en route centers, including more than 700 different sectors.
‘‘(3) Redesign and review of the national airspace
may produce benefits for the travelling public by increasing the efficiency and capacity of the air traffic
control system and reducing delays.
‘‘(4) Redesign of the national airspace should be a
high priority for the Federal Aviation Administration and the air transportation industry.
‘‘(b) REDESIGN.—The Administrator [of the Federal
Aviation Administration], with advice from the aviation industry and other interested parties, shall conduct a comprehensive redesign of the national airspace
system.
‘‘(c) REPORT.—Not later than December 31, 2000, the
Administrator shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of Representatives a report on the
Administrator’s comprehensive national airspace redesign. The report shall include projected milestones for
completion of the redesign and shall also include a date
for completion.
‘‘(d) AUTHORIZATION.—There is authorized to be appropriated to the Administrator to carry out this section $12,000,000 for each of fiscal years 2000, 2001, and
2002.’’

§ 40104. Promotion of civil aeronautics and safety
of air commerce
(a) DEVELOPING CIVIL AERONAUTICS AND SAFETY OF AIR COMMERCE.—The Administrator of the
Federal Aviation Administration shall encourage the development of civil aeronautics and
safety of air commerce in and outside the
United States. In carrying out this subsection,
the Administrator shall take action that the Administrator considers necessary to establish,
within available resources, a program to distribute civil aviation information in each region
served by the Administration. The program
shall provide, on request, informational material and expertise on civil aviation to State and
local school administrators, college and university officials, and officers of other interested organizations.
(b) INTERNATIONAL ROLE OF THE FAA.—The Administrator shall promote and achieve global
improvements in the safety, efficiency, and environmental effect of air travel by exercising
leadership with the Administrator’s foreign
counterparts, in the International Civil Aviation Organization and its subsidiary organizations, and other international organizations and
fora, and with the private sector.
(c) AIRPORT CAPACITY ENHANCEMENT PROJECTS
AT CONGESTED AIRPORTS.—In carrying out subsection (a), the Administrator shall take action
to encourage the construction of airport capacity enhancement projects at congested airports
as those terms are defined in section 47176.1
1 See

§ 40104

TITLE 49—TRANSPORTATION

References in Text note below.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1102;
Pub. L. 103–429, § 6(47), Oct. 31, 1994, 108 Stat.
4384; Pub. L. 104–264, title IV, § 401(b)(1), Oct. 9,
1996, 110 Stat. 3255; Pub. L. 108–176, title III, § 303,
title VIII, § 813, Dec. 12, 2003, 117 Stat. 2533, 2590.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

40104 ..........

49 App.:1346.
49 App.:1346a.
49 App.:1655(c)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 305, 72 Stat. 749.
July 12, 1976, Pub. L. 94–353,
§ 21, 90 Stat. 884.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

The words ‘‘and foster’’ in 49 App.:1346 are omitted as
surplus. The words ‘‘In carrying out this section’’ are
substituted for ‘‘In furtherance of his mandate to promote civil aviation’’ in 49 App.:1346a because of the restatement. The word ‘‘Administrator’’ is substituted
for ‘‘Secretary of Transportation acting through the
Administrator of the Federal Aviation Administration’’
for consistency with the source provisions restated in
this section. The words ‘‘be designed so as to’’, ‘‘various
aspects of’’, and ‘‘civil and’’ are omitted as surplus.
PUB. L. 103–429, § 6(47)(A), (B)
This makes conforming amendments to 49:40104, as
enacted by section 1 of the Act of July 5, 1994 (Public
Law 103–272, 108 Stat. 1102), because of the restatement
of 49 App.:1655(c)(1) (words after last comma) as
49:40104(b) by section 6(47)(C) of the bill.
PUB. L. 103–429, § 6(47)(C)
Revised
Section

Source (U.S. Code)

40104(b) ......

49 App.:1655(c)(1)
(words after last
comma).

Source (Statutes at Large)
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1) (words after last
comma), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

REFERENCES IN TEXT
Section 47176, referred to in subsec. (c), probably
should be a reference to section 47175 of this title,
which defines ‘‘congested airport’’ and ‘‘airport capacity enhancement project’’. No section 47176 of this title
has been enacted.
AMENDMENTS
2003—Subsec. (b). Pub. L. 108–176, § 813, amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘The Secretary of Transportation may develop and construct a civil supersonic
aircraft.’’
Subsec. (c). Pub. L. 108–176, § 303, added subsec. (c).
1996—Pub. L. 104–264, § 401(b)(1)(A), inserted ‘‘safety
of’’ before ‘‘air commerce’’ in section catchline.
Subsec. (a). Pub. L. 104–264, § 401(b)(1)(B), (C), inserted
‘‘SAFETY OF’’ before ‘‘AIR COMMERCE’’ in heading and
‘‘safety of’’ before ‘‘air commerce’’ in text.
1994—Pub. L. 103–429 designated existing provisions as
subsec. (a), inserted heading, substituted ‘‘carrying out
this subsection’’ for ‘‘carrying out this section’’, and
added subsec. (b).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years

§ 40105

TITLE 49—TRANSPORTATION

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 Pub. L. 104–264,
set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT

HISTORICAL AND REVISION NOTES
Revised
Section
40105(a) ......

(a) ADVICE AND CONSULTATION.—The Secretary
of State shall advise the Administrator of the
Federal Aviation Administration and the Secretaries of Transportation and Commerce, and
consult with them as appropriate, about negotiations for an agreement with a government of
a foreign country to establish or develop air
navigation, including air routes and services.
The Secretary of Transportation shall consult
with the Secretary of State in carrying out this
part to the extent this part is related to foreign
air transportation.
(b) ACTIONS OF SECRETARY AND ADMINISTRATOR.—(1) In carrying out this part, the Secretary of Transportation and the Administrator—
(A) shall act consistently with obligations of
the United States Government under an international agreement;
(B) shall consider applicable laws and requirements of a foreign country; and
(C) may not limit compliance by an air carrier with obligations or liabilities imposed by
the government of a foreign country when the
Secretary takes any action related to a certificate of public convenience and necessity issued under chapter 411 of this title.
(2) This subsection does not apply to an agreement between an air carrier or an officer or representative of an air carrier and the government
of a foreign country, if the Secretary of Transportation disapproves the agreement because it
is not in the public interest. Section 40106(b)(2)
of this title applies to this subsection.
(c) CONSULTATION ON INTERNATIONAL AIR
TRANSPORTATION POLICY.—In carrying out section 40101(e) of this title, the Secretaries of
State and Transportation, to the maximum extent practicable, shall consult on broad policy
goals and individual negotiations with—
(1) the Secretaries of Commerce and Defense;
(2) airport operators;
(3) scheduled air carriers;
(4) charter air carriers;
(5) airline labor;
(6) consumer interest groups;
(7) travel agents and tour organizers; and
(8) other groups, institutions, and governmental authorities affected by international
aviation policy.
(d) CONGRESSIONAL OBSERVERS AT
NATIONAL AVIATION NEGOTIATIONS.—The

INTERPresident shall grant to at least one representative of
each House of Congress the privilege of attending international aviation negotiations as an observer if the privilege is requested in advance in
writing.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1102.)

Source (U.S. Code)
49 App.:1462.
49 App.:1551(b)(1)(B).

Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

§ 40105. International negotiations, agreements,
and obligations

Page 738

49 App.:1655(c)(1).

40105(b) ......

49 App.:1502(a).

49 App.:1551(b)(1)(E).

40105(c) ......

49 App.:1655(c)(1).
49 App.:1502(c).

40105(d) ......

49 App.:1551(b)(1)(E).
49 App.:1502(d).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 802, 72 Stat. 783.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(B);
added Oct. 24, 1978, Pub. L.
95–504, § 40(a), 92 Stat. 1745.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat 2444.
Aug. 23, 1958, Pub. L. 85–726,
§ 1102(a), 72 Stat. 797; Feb.
15, 1980, Pub. L. 96–192,
§ 17, 94 Stat. 42.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b) (1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1102(c), (d);
added Feb. 15, 1980, Pub.
L. 96–192, § 17, 94 Stat. 43.

In subsection (a), the words ‘‘government of a foreign
country’’ are substituted for ‘‘foreign governments’’ in
49 App.:1462 and ‘‘foreign country’’ in 49 App.:1502(a) for
consistency in the revised title and with other titles of
the United States Code. The words ‘‘Secretary of
Transportation’’ are substituted for ‘‘Department of
Transportation’’ in 49 App.:1551(b)(1)(B) because of
49:102(b). The words ‘‘Secretary of State’’ are substituted for ‘‘Department of State’’ because of 22:2651.
In subsection (b)(1), before clause (A), the words ‘‘carrying out’’ are substituted for ‘‘exercising and performing . . . powers and duties’’ for consistency in the revised title and with other titles of the Code. In clause
(A), the words ‘‘an international agreement’’ are substituted for ‘‘any treaty, convention, or agreement that
may be in force between the United States and any foreign country or foreign countries’’ for consistency and
to eliminate unnecessary words. In clause (C), the word
‘‘public’’ is added for consistency in this part.
In subsection (b)(2), the words ‘‘obligation, duty, or
liability arising out of a contract or other’’ and ‘‘heretofore or hereafter’’ are omitted as surplus. The words
‘‘government of a foreign country’’ are substituted for
‘‘foreign country’’ for consistency in the revised title
and with other titles of the Code. The last sentence is
inserted to inform the reader that section 40106(b)(2) of
the revised title qualifies this subsection.
In subsection (c), before clause (1), the words ‘‘To assist’’ are omitted as surplus. The words ‘‘carrying out’’
are substituted for ‘‘developing and implementing’’ for
consistency in the revised title and with other titles of
the Code. The word ‘‘both’’ is omitted as surplus. In
clause (8), the word ‘‘authorities’’ is substituted for
‘‘agencies’’ for consistency in the revised title and with
other titles of the Code.
RECIPROCAL AIRWORTHINESS CERTIFICATION
Pub. L. 108–176, title VIII, § 812, Dec. 12, 2003, 117 Stat.
2590, provided that:
‘‘(a) IN GENERAL.—As part of their bilateral negotiations with foreign nations and their civil aviation
counterparts, the Secretary of State and the Administrator of the Federal Aviation Administration shall facilitate the reciprocal airworthiness certification of
aviation products.
‘‘(b) RECIPROCAL AIRWORTHINESS DEFINED.—In this
section, the term ‘reciprocal airworthiness certification of aviation products’ means that the regulatory
authorities of each nation perform a similar review in
certifying or validating the certification of aircraft and
aircraft components of other nations.’’
REPORT ON CERTAIN BILATERAL NEGOTIATIONS
Pub. L. 103–305, title V, § 519, Aug. 23, 1994, 108 Stat.
1600, provided that: ‘‘The Secretary shall report every

Page 739

§ 40107

TITLE 49—TRANSPORTATION

other month to the Committee on Public Works and
Transportation [now Committee on Transportation and
Infrastructure] of the House of Representatives and the
Committee on Commerce, Science, and Transportation
of the Senate on the status of all active aviation bilateral and multilateral negotiations and informal government-to-government consultations with United
States aviation trade partners.’’

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1103.)
HISTORICAL AND REVISION NOTES
Revised
Section
40106(a) ......

49 App.:1655(c)(1).

§ 40106. Emergency powers
(a) DEVIATIONS FROM REGULATIONS.—Appropriate military authority may authorize aircraft
of the armed forces of the United States to deviate from air traffic regulations prescribed under
section 40103(b)(1) and (2) of this title when the
authority decides the deviation is essential to
the national defense because of a military emergency or urgent military necessity. The authority shall—
(1) give the Administrator of the Federal
Aviation Administration prior notice of the
deviation at the earliest practicable time; and
(2) to the extent time and circumstances
allow, make every reasonable effort to consult
with the Administrator and arrange for the deviation in advance on a mutually agreeable
basis.
(b) SUSPENSION OF AUTHORITY.—(1) When the
President decides that the government of a foreign country is acting inconsistently with the
Convention for the Suppression of Unlawful Seizure of Aircraft or that the government of a foreign country allows territory under its jurisdiction to be used as a base of operations or training of, or as a sanctuary for, or arms, aids, or
abets, a terrorist organization that knowingly
uses the unlawful seizure, or the threat of an unlawful seizure, of an aircraft as an instrument of
policy, the President may suspend the authority
of—
(A) an air carrier or foreign air carrier to
provide foreign air transportation to and from
that foreign country;
(B) a person to operate aircraft in foreign air
commerce to and from that foreign country;
(C) a foreign air carrier to provide foreign
air transportation between the United States
and another country that maintains air service with the foreign country; and
(D) a foreign person to operate aircraft in
foreign air commerce between the United
States and another country that maintains air
service with the foreign country.
(2) The President may act under this subsection without notice or a hearing. The suspension remains in effect for as long as the President decides is necessary to ensure the security
of aircraft against unlawful seizure. Notwithstanding section 40105(b) of this title, the authority of the President to suspend rights under
this subsection is a condition to a certificate of
public convenience and necessity, air carrier operating certificate, foreign air carrier or foreign
aircraft permit, or foreign air carrier operating
specification issued by the Secretary of Transportation under this part.
(3) An air carrier or foreign air carrier may
not provide foreign air transportation, and a
person may not operate aircraft in foreign air
commerce, in violation of a suspension of authority under this subsection.

Source (U.S. Code)
49 App.:1348(f).

40106(b) ......

49 App.:1514.

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 307(f), 72 Stat. 750.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1114; added
Aug. 5, 1974, Pub. L.
93–366, § 106, 88 Stat. 413.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

49 App.:1655(c)(1).

In subsection (a), before clause (1), the words ‘‘armed
forces’’ are substituted for ‘‘national defense forces’’
because of 10:101. The words ‘‘section 40103(b)(1) and (2)
of this title’’ are substituted for ‘‘this subchapter’’ as
being more precise. In clauses (1) and (2), the word ‘‘Administrator’’ in section 307(f) of the Federal Aviation
Act of 1958 (Public Law 85–726, 72 Stat. 750) is retained
on authority of 49:106(g). In clause (2), the words
‘‘fully’’ and ‘‘required’’ are omitted as surplus.
In subsection (b)(1), the words ‘‘government of a foreign country’’ are substituted for ‘‘foreign nation’’ for
consistency in the revised title and with other titles of
the Code. Before clause (A), the words ‘‘in a manner’’
and ‘‘in any way’’ are omitted as surplus. The word
‘‘authority’’ is substituted for ‘‘right’’ as being more
precise and for consistency in the revised title.
In subsection (b)(2), the words ‘‘deemed to be’’ are
omitted because a legal conclusion is being stated.
In subsection (b)(3), the words ‘‘by the President’’ are
omitted as surplus.
AIRCRAFT PIRACY
The United States is a party to the Convention for
the Suppression of Unlawful Seizure of Aircraft, signed
at The Hague, Dec. 16, 1970, entered into force as to the
United States, Oct. 14, 1971, 22 UST 1641.

§ 40107. Presidential transfers
(a) GENERAL AUTHORITY.—The President may
transfer to the Administrator of the Federal
Aviation Administration a duty, power, activity, or facility of a department, agency, or instrumentality of the executive branch of the
United States Government, or an officer or unit
of a department, agency, or instrumentality of
the executive branch, related primarily to selecting, developing, testing, evaluating, establishing, operating, or maintaining a system, procedure, facility, or device for safe and efficient
air navigation and air traffic control. In making
a transfer, the President may transfer records
and property and make officers and employees
from the department, agency, instrumentality,
or unit available to the Administrator.
(b) DURING WAR.—If war occurs, the President
by executive order may transfer to the Secretary of Defense a duty, power, activity, or facility of the Administrator. In making the
transfer, the President may transfer records,
property, officers, and employees of the Administration to the Department of Defense.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1104.)

§ 40107

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section
40107(a) ......

Source (U.S. Code)
49 App.:1345.
49 App.:1655(c)(1).

40107(b) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 302(e), 304, 72 Stat. 746,
749.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1343(c).
49 App.:1655(c)(1).

In this section, the words ‘‘functions (including . . .
parts of functions)’’ are omitted as included in ‘‘duty,
power, activity, or facility’’.
In subsection (a), the words ‘‘of a department, agency, or instrumentality of the executive branch of the
United States Government’’ are substituted for ‘‘the
executive departments or agencies of the Government’’
for consistency in the revised title and with other titles
of the United States Code. The word ‘‘unit’’ is substituted for ‘‘organizational entity’’ for clarity. The
words ‘‘appropriate’’ and ‘‘civilian and military’’ are
omitted as surplus. The words ‘‘officers and employees’’
are substituted for ‘‘personnel’’ for consistency in the
revised title and with other titles of the Code. The
words ‘‘to the Administrator’’ are added for clarity.
In subsection (b), the text of 49 App.:1343(c) (words before proviso) is omitted as obsolete. The words ‘‘Secretary of Defense’’ are substituted for ‘‘Department of
Defense’’ because of 10:133(a). The words ‘‘prior to enactment of such proposed legislation’’ are omitted as
obsolete because the legislation was not enacted. The
word ‘‘appropriate’’ is omitted as surplus. The words
‘‘of the Administration to the Department of Defense’’
are added for clarity.
EX. ORD. NO. 10786. TRANSFER OF FUNCTIONS OF THE
AIRWAYS MODERNIZATION BOARD TO THE ADMINISTRATOR
Ex. Ord. No. 10786, Nov. 1, 1958, 23 F.R. 8573, provided:
SECTION 1. All functions (including powers, duties, activities, and parts of functions) of the Airways Modernization Board, including those of the Chairman
thereof, are hereby transferred to the Administrator of
the Federal Aviation Agency; and all records, property,
facilities, employees, and unexpended balances of appropriations, allocations, and other funds of the Airways Modernization Board, are hereby transferred to
the Federal Aviation Agency [now Federal Aviation
Administration].
SEC. 2. Such further measures and dispositions, if
any, as the Director of the Bureau of the Budget [now
the Office of Management and Budget] shall determine
to be necessary in connection with the transfers provided for hereinabove in respect of records, property,
facilities, employees, and balances shall be carried out
in such manner as he shall direct and by such agencies
as he shall designate.
SEC. 3. The provisions of this order shall become effective concurrently with the entering upon office as
Administrator of the Federal Aviation Agency [now
Federal Aviation Administration] of the first person
appointed as Administrator. The functions transferred
by section 1 hereof may be performed by the Administrator until the effective date of the repeal [Aug. 23,
1958] of the Airways Modernization Act of 1957 [former
49 U.S.C. 1211 et seq.] effected by section 1401(d) of the
Federal Aviation Act of 1958 [Pub. L. 85–726].
DWIGHT D. EISENHOWER.
EX. ORD. NO. 10797. DELEGATION OF AUTHORITY TO THE
DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
Ex. Ord. No. 10797, Dec. 24, 1958, 23 F.R. 10391, provided:
SECTION 1. There is hereby delegated to the Director
of the Bureau of the Budget [now the Office of Management and Budget] all authority vested in the President
by the last sentence of section 304 [see 49 U.S.C.
40107(a)], and by sections 1502(a) and 1502(b), of the Fed-

Page 740

eral Aviation Act of 1958 (72 Stat. 749, 810) [Pub. L.
85–726, former 49 U.S.C. 1341 note], relating, respectively, (1) to providing in connection with transfers of
functions made under other provisions of section 304, (i)
for appropriate transfers of records and property, and
(ii) for necessary civilian and military personnel to be
made available from any office, department, or other
agency from which transfers of functions are so made;
(2) to determining the employees and property (including office equipment and official equipment and official
records) employed by the Civil Aeronautics Board in
the exercise and performance of those powers and duties which are vested in and imposed upon it by the
Civil Aeronautics Act of 1938, as amended [former 49
U.S.C. 401 et seq.], and which are vested by the Federal
Aviation Act of 1958 [see 49 U.S.C. 40101 et seq.] in the
Federal Aviation Agency, and to specifying the date or
dates upon which the transfers of officers, employees,
and property (including office equipment and official
records) under section 1502(a) shall occur; and (3) specifying the date or dates upon which transfers of unexpended balances of appropriations under section 1502(b)
shall occur. Such further measures and dispositions as
the Director of the Bureau of the Budget [now the Office of Management and Budget] shall determine to be
necessary in connection with the exercise of the authority delegated to him by this section shall be carried out in such manner as he shall direct and by such
agencies as he shall designate.
SEC. 2. Executive Order No. 10731 of October 10, 1957,
delegating to the Director of the Bureau of the Budget
[now the Office of Management and Budget] the authority vested in the President by a certain provision of the
Airways Modernization Act of 1957 [former 49 U.S.C.
1211 et seq.], is hereby revoked, such revocation to become effective on the date the repeal of that act takes
effect under sections 1401(d) [repealing former 49 U.S.C.
1211–1215] and 1505(2) [former 49 U.S.C. 1301 note] of the
Federal Aviation Act of 1958 (72 Stat. 806, 811).
SEC. 3. Except as otherwise provided in section 2 hereof, the provisions of this order shall become effective
immediately.
DWIGHT D. EISENHOWER.
EX. ORD. NO. 11047. DELEGATION OF AUTHORITY TO
SECRETARY OF DEFENSE AND ADMINISTRATOR
Ex. Ord. No. 11047, Aug. 28, 1962, 27 F.R. 8665, as
amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.
34617, provided:
By the virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as
President of the United States, it is ordered as follows:
SECTION 1. The Secretary of Defense and the Administrator of the Federal Aviation Administration are hereby designated and empowered to exercise jointly, without the approval, ratification, or other action of the
President, the authority vested in the President by the
first sentence of section 304 of the Federal Aviation Act
of 1958 (72 Stat. 749; 49 U.S.C. 1345 (first sentence)) [see
49 U.S.C. 40107(a)] to transfer functions (including, as
used in this order, powers, duties, activities, facilities,
and parts of functions) as described in that sentence to
the extent that the said authority is in respect of
transfers from the Department of Defense or any officer
or organizational entity thereof to the Administrator
of the Federal Aviation Administration of functions relating to flight inspection of air navigation facilities.
SEC. 2. The Administrator and the Secretary shall exercise the authority hereinabove delegated to them
only as they shall deem such exercise to be necessary
or desirable in the interest of promoting, in respect of
either civil or military aviation or both, safe and efficient air navigation and air traffic control.
SEC. 3. (a) To the extent necessitated by transfers of
functions effected under the provisions of Section 1 of
this order:
(1) Transfers of balances of appropriations available
and necessary to finance and discharge the transferred
functions shall be made under the authority of Section

Page 741

§ 40108

TITLE 49—TRANSPORTATION

202(b) of the Budget and Accounting Procedures Act of
1950 (31 U.S.C. 581c(b) [see 31 U.S.C. 1531]) as affected by
the provisions of section 1(k) of Executive Order No.
10530 of May 10, 1954 [set out as a note under section 301
of Title 3, The President].
(2) Provisions for appropriate transfers of records and
property shall be made under the authority of the last
sentence of Section 304 of the Federal Aviation Act of
1958 [see 49 U.S.C. 40107(a)] as affected by the provisions
of Section 1 of Executive Order No. 10797 of December
24, 1958 [set out above].
(b) Neither this order nor the said Executive Order
No. 10797 shall be deemed to require or authorize the
transfer of any civilian or military personnel from the
Department of Defense to the Federal Aviation Administration, under authority of the said Section 304 [see 49
U.S.C. 40107(a)], in connection with transfers of functions effected under the provisions of Section 1 of this
order.
SEC. 4. (a) In order to facilitate the orderly and timely accomplishment of the transfers and other arrangements mentioned in Section 3(a) of this order, the Secretary of Defense and the Administrator of the Federal
Aviation Administration shall transmit to the Director
of the Office of Management and Budget, not less than
30 days prior to the execution by them of any order or
other transfer instrument in pursuance of the provisions of Section 1 of this order, all appropriate information in respect to any transfers or other arrangements
proposed to be made in connection therewith under the
provisions of Section 3 hereof, together with copy of
the order or other transfer instrument proposed to be
executed by them.
(b) In connection with any particular action or actions under Section 1 of this order, the Director of the
Office of Management and Budget may either waive the
requirements of Section 4(a), above, or reduce the 30
day period there prescribed.
EX. ORD. NO. 11161. TRANSFER OF FEDERAL AVIATION
AGENCY TO DEFENSE DEPARTMENT IN EVENT OF WAR
Ex. Ord. No. 11161, eff. July 7, 1964, 29 F.R. 9317, as
amended by Ex. Ord. No. 11382, eff. Nov. 28, 1967, 32 F.R.
16247, provided:
WHEREAS Section 302(e) of the Federal Aviation Act
of 1958 [see 49 U.S.C. 40107(b)] provides, in part, that in
the event of war the President by Executive order may
transfer to the Department of Defense any functions
(including powers, duties, activities, facilities, and
parts of functions) of the Federal Aviation Administration; and
WHEREAS it appears that the defense of the United
States would require the transfer of the Federal Aviation Administration to the Department of Defense in
the event of war; and
WHEREAS if any such transfer were to be made it
would be essential to the defense of the United States
that the transition be accomplished promptly and with
maximum ease and effectiveness; and
WHEREAS these objectives require that the relationships that would obtain in the event of such a transfer
as between the Federal Aviation Administration and
the Department of Defense be understood in advance by
the two agencies concerned and be developed in necessary detail by them in advance of transfer:
NOW, THEREFORE, by virtue of the authority vested
in me by Section 302(e) (72 Stat. 746; 49 U.S.C. 1343(c))
[see 49 U.S.C. 40107(b)], and as President of the United
States and Commander in Chief of the Armed Forces of
the United States, it is hereby ordered as follows:
SECTION 1. The Secretary of Defense and the Secretary of Transportation are hereby directed to prepare
and develop plans, procedures, policies, programs, and
courses of action in anticipation of the probable transfer of the Federal Aviation Administration to the Department of Defense in the event of war. Those plans,
policies, procedures, programs, and courses of action
shall be prepared and developed in conformity with the
following-described standards and conditions—
(A) The Federal Aviation Administration will function as an adjunct of the Department of Defense with

the Federal Aviation Administrator being responsible
directly to the Secretary of Defense and subject to his
authority, direction, and control to the extent deemed
by the Secretary to be necessary for the discharge of
his responsibilities as Secretary of Defense.
(B) To the extent deemed by the Secretary of Defense
to be necessary for the accomplishment of the military
mission, he will be empowered to direct the Administrator to place operational elements of the Federal
Aviation Administration under the direct operational
control of appropriate military commanders.
(C) While functioning as an adjunct of the Department of Defense, the Federal Aviation Administration
will remain organizationally intact and the Administrator thereof will retain responsibility for administration of his statutory functions, subject to the authority, direction, and control of the Secretary of Defense
to the extent deemed by the Secretary to be necessary
for the discharge of his responsibilities as Secretary of
Defense.
SEC. 2. In furtherance of the objectives of the foregoing provisions of this order, the Secretary of Defense
and the Secretary of Transportation shall, to the extent permitted by law, make such arrangements and
take such actions as they deem necessary to assure—
(A) That the functions of the Federal Aviation Administration are performed during any period of national emergency short of war in a manner that will assure that essential national defense requirements will
be satisfied during any such period of national emergency.
(B) Consistent with the provisions of paragraphs (A),
(B), and (C) of Section 1 of this order, that any transfer
of the Federal Aviation Administration to the Department of Defense, in the event of war, will be accomplished smoothly and rapidly and effective operation of
the agencies and functions affected by the transfer will
be achieved after the transfer.
LYNDON B. JOHNSON.

§ 40108. Training schools
(a) AUTHORITY TO OPERATE.—The Administrator of the Federal Aviation Administration
may operate schools to train officers and employees of the Administration to carry out duties, powers, and activities of the Administrator.
(b) ATTENDANCE.—The Administrator may authorize officers and employees of other departments, agencies, or instrumentalities of the
United States Government, officers and employees of governments of foreign countries, and individuals from the aeronautics industry to attend those schools. However, if the attendance
of any of those officers, employees, or individuals increases the cost of operating the schools,
the Administrator may require the payment or
transfer of amounts or other consideration to
offset the additional cost. The amount received
may be credited to the appropriation current
when the expenditures are or were paid, the appropriation current when the amount is received, or both.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1104.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

40108(a) ......

49 App.:1354(d) (1st
sentence).
49 App.:1655(c)(1).

40108(b) ......

49 App.:1354(d)
(2d–last sentences).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 313(d), 72 Stat. 753.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

§ 40109

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1655(c)(1).

In this section, the word ‘‘Administrator’’ in section
313(d) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 753) is retained on authority of 49:106(g).
The words ‘‘school or’’ are omitted because of 1:1.
In subsection (a), the words ‘‘officers and’’ are added
for clarity and consistency in the revised title and with
other titles of the United States Code. The words ‘‘to
carry out duties, powers, and activities of the Administrator’’ are substituted for ‘‘in those subjects necessary
for the proper performance of all authorized functions
of the Administration’’ for clarity and consistency in
the revised title.
In subsection (b), the words ‘‘officers and employees’’
are substituted for ‘‘personnel’’, the words ‘‘departments, agencies, or instrumentalities of the United
States Government’’ are substituted for ‘‘governmental’’, and the words ‘‘governments of foreign countries’’ are substituted for ‘‘foreign governments’’, for
consistency in the revised title and with other titles of
the Code. The words ‘‘courses given in’’, ‘‘sufficient’’,
and ‘‘appropriate’’ are omitted as surplus. The text of
49 App.:1354(d) (3d sentence) is omitted as unnecessary
because chapter 41 of title 5, United States Code, applies to all training of employees. The words ‘‘or both’’
are substituted for ‘‘(3) in part as provided under clause
(1) and in part as provided under clause (2)’’ to eliminate unnecessary words.

§ 40109. Authority to exempt
(a) AIR CARRIERS AND FOREIGN AIR CARRIERS
NOT ENGAGED DIRECTLY IN OPERATING AIRCRAFT.—(1) The Secretary of Transportation
may exempt from subpart II of this part—
(A) an air carrier not engaged directly in operating aircraft in air transportation; or
(B) a foreign air carrier not engaged directly
in operating aircraft in foreign air transportation.
(2) The exemption is effective to the extent
and for periods that the Secretary decides are in
the public interest.
(b) SAFETY REGULATION.—The Administrator
of the Federal Aviation Administration may
grant an exemption from a regulation prescribed
in carrying out sections 40103(b)(1) and (2), 40119,
44901, 44903, 44906, and 44935–44937 of this title
when the Administrator decides the exemption
is in the public interest.
(c) OTHER ECONOMIC REGULATION.—Except as
provided in this section, the Secretary may exempt to the extent the Secretary considers necessary a person or class of persons from a provision of chapter 411, chapter 413 (except sections
41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417
(except sections 41703, 41704, 41710, 41713, and
41714), chapter 419, subchapter II of chapter 421,
and sections 44909 and 46301(b) of this title, or a
regulation or term prescribed under any of those
provisions, when the Secretary decides that the
exemption is consistent with the public interest.
(d) LABOR REQUIREMENTS.—The Secretary may
not exempt an air carrier from section 42112 of
this title. However, the Secretary may exempt
from section 42112(b)(1) and (2) an air carrier not
providing scheduled air transportation, and the
operations conducted during daylight hours by
an air carrier providing scheduled air transportation, when the Secretary decides that—

Page 742

(1) because of the limited extent of, or unusual circumstances affecting, the operation
of the air carrier, the enforcement of section
42112(b)(1) and (2) of this title is or would be an
unreasonable burden on the air carrier that
would obstruct its development and prevent it
from beginning or continuing operations; and
(2) the exemption would not affect adversely
the public interest.
(e) MAXIMUM FLYING HOURS.—The Secretary
may not exempt an air carrier under this section
from a provision referred to in subsection (c) of
this section, or a regulation or term prescribed
under any of those provisions, that sets maximum flying hours for pilots or copilots.
(f) SMALLER AIRCRAFT.—(1) An air carrier is
exempt from section 41101(a)(1) of this title, and
the Secretary may exempt an air carrier from
another provision of subpart II of this part, if
the air carrier—
(A)(i) provides passenger transportation only
with aircraft having a maximum capacity of 55
passengers; or
(ii) provides the transportation of cargo only
with aircraft having a maximum payload of
less than 18,000 pounds; and
(B) complies with liability insurance requirements and other regulations the Secretary prescribes.
(2) The Secretary may increase the passenger
or payload capacities when the public interest
requires.
(3)(A) An exemption under this subsection applies to an air carrier providing air transportation between 2 places in Alaska, or between
Alaska and Canada, only if the carrier is authorized by Alaska to provide the transportation.
(B) The Secretary may limit the number or location of places that may be served by an air
carrier providing transportation only in Alaska
under an exemption from section 41101(a)(1) of
this title, or the frequency with which the transportation may be provided, only when the Secretary decides that providing the transportation
substantially impairs the ability of an air carrier holding a certificate issued by the Secretary
to provide its authorized transportation, including the minimum transportation requirement
for Alaska specified under section 41732(b)(1)(B)
of this title.
(g) EMERGENCY AIR TRANSPORTATION BY FOREIGN AIR CARRIERS.—(1) To the extent that the
Secretary decides an exemption is in the public
interest, the Secretary may exempt by order a
foreign air carrier from the requirements and
limitations of this part for not more than 30
days to allow the foreign air carrier to carry
passengers or cargo in interstate air transportation in certain markets if the Secretary finds
that—
(A) because of an emergency created by unusual circumstances not arising in the normal
course of business, air carriers holding certificates under section 41102 of this title cannot
accommodate traffic in those markets;
(B) all possible efforts have been made to accommodate the traffic by using the resources
of the air carriers, including the use of—
(i) foreign aircraft, or sections of foreign
aircraft, under lease or charter to the air
carriers; and

Page 743

TITLE 49—TRANSPORTATION

(ii) the air carriers’ reservations systems
to the extent practicable;
(C) the exemption is necessary to avoid unreasonable hardship for the traffic in the markets that cannot be accommodated by the air
carriers; and
(D) granting the exemption will not result in
an unreasonable advantage to any party in a
labor dispute where the inability to accommodate traffic in a market is a result of the dispute.
(2) When the Secretary grants an exemption to
a foreign air carrier under this subsection, the
Secretary shall—
(A) ensure that air transportation that the
foreign air carrier provides under the exemption is made available on reasonable terms;
(B) monitor continuously the passenger load
factor of air carriers in the market that hold
certificates under section 41102 of this title;
and
(C) review the exemption at least every 30
days to ensure that the unusual circumstances
that established the need for the exemption
still exist.
(3) The Secretary may renew an exemption
(including renewals) under this subsection for
not more than 30 days. An exemption may continue for not more than 5 days after the unusual
circumstances that established the need for the
exemption cease.
(h) NOTICE AND OPPORTUNITY FOR HEARING.—
The Secretary may act under subsections (d)
and (f)(3)(B) of this section only after giving the
air carrier notice and an opportunity for a hearing.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1104;
Pub. L. 104–287, § 5(65), Oct. 11, 1996, 110 Stat.
3395.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

40109(a) ......

49 App.:1301(3) (proviso).

Aug. 23, 1958, Pub. L. 85–726,
§§ 101(3) (proviso), 307(e),
416(b)(2), 72 Stat. 737, 750,
771.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 416(b)(3)–(6);
added Oct. 24, 1978, Pub. L.
95–504, §§ 31(b), 32, 92 Stat.
1732.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

49 App.:1386(b)(3).

49 App.:1551(b)(1)(E).

40109(b) ......

40109(c) ......

40109(d) ......

40109(e) ......
40109(f) .......

49 App.:1348(e).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

49 App.:1386(b)(1).

49 App.:1551(b)(1)(E).
49 App.:1386(b)(2)
(less words between 6th and 7th
commas, proviso).
49 App.:1551(b)(1)(E).
49 App.:1386(b)(2)
(proviso).
49 App.:1551(b)(1)(E).
49 App.:1386(b)(4),
(5), (6) (less words
between 5th and
6th commas).

Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
§ 416(b)(1), 72 Stat. 771; restated Oct. 24, 1978, Pub.
L. 95–504, § 31(a), 92 Stat.
1731.

§ 40109

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

40109(g) ......

49 App.:1551(b)(1)(E).
49 App.:1386(b)(7).

40109(h) ......

Source (Statutes at Large)

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 416(b)(7);
added Feb. 15, 1980, Pub.
L. 96–192, § 13, 94 Stat. 39.

49 App.:1551(b)(1)(E).
49 App.:1386(b)(2)
(words between
6th and 7th commas), (6) (words
between 5th and
6th commas).
49 App.:1551(b)(1)(E).

In this section, the words ‘‘requirements of’’, ‘‘term’’,
and ‘‘or limitation’’ are omitted as surplus. The word
‘‘rule’’ is omitted as being synonymous with ‘‘regulation’’. The word ‘‘unreasonable’’ is substituted for
‘‘undue’’ for consistency in the revised title and with
other titles of the United States Code.
In subsection (a)(1), before clause (A), the words ‘‘by
order’’ are omitted as unnecessary because of 5:ch. 5,
subch. II. The word ‘‘exempt’’ is substituted for ‘‘relieve’’ for consistency in this section.
In subsection (a)(2), the words ‘‘that the Secretary
decides’’ are added for clarity.
In subsections (b), (c), and (f)(1)(B), the words ‘‘from
time to time’’ are omitted as unnecessary.
In subsection (b), the word ‘‘Administrator’’ in section 307(e) of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 750) is retained on authority of
49:106(g).
In subsection (d), before clause (1), the words ‘‘to the
extent’’ are omitted as surplus.
In subsection (f)(1), before clause (A), the words ‘‘Subject to paragraph (5) of this subsection’’ and ‘‘in air
transportation’’ are omitted as surplus. The words ‘‘the
Secretary may exempt’’ are substituted for ‘‘as may be
prescribed in regulations promulgated by the Board’’
for clarity and to eliminate unnecessary words. In
clause (A)(ii), the word ‘‘capacity’’ is omitted as surplus. In clause (B), the word ‘‘reasonable’’ is omitted as
surplus. The word ‘‘prescribes’’ is substituted for
‘‘adopt’’ for consistency in the revised title and with
other titles of the Code. The words ‘‘in the public interest’’ are omitted as surplus.
In subsection (f)(2), the words ‘‘by regulation’’ are
omitted as surplus. The word ‘‘payload’’ is substituted
for ‘‘property’’ for consistency in this subsection. The
words ‘‘specified in this paragraph’’ are omitted as surplus.
In subsection (f)(3), the words ‘‘the State of’’ are
omitted as surplus.
In subsection (f)(3)(A), the words ‘‘under this subsection’’ are substituted for ‘‘from section 1371 of this
title or any other requirement of this chapter’’, the
words ‘‘2 places’’ are substituted for ‘‘points both of
which are’’, and the word ‘‘between’’ is substituted for
‘‘one of which is in . . . and the other in’’, to eliminate
unnecessary words.
In subsection (f)(3)(B), the word ‘‘only’’ is added for
clarity. The words ‘‘promulgated by the Board’’, ‘‘by
such air carrier to points within such State’’, and ‘‘but
not limited to’’ are omitted as surplus. The word ‘‘Alaska’’ is substituted for ‘‘such State’’ for clarity. The
cross-reference is to section 41732(b)(1)(B) to correct an
error in the source provisions. The cross-reference in 49
App.:1386(b)(6) to 49 App.:1389(c)(2) should have been to
49 App.:1389(f)(2). This error was not corrected when 49
App.:1389 was restated by section 202(b) of the Airport
and Airway Safety and Capacity Expansion Act of 1987
(Public Law 100–223, 101 Stat. 1508). The comparable
provision is 49 App.:1389(k)(1)(A)(ii), restated as section
41732(b)(1)(B).
In subsection (g), the word ‘‘exemption’’ is substituted for ‘‘authorization’’ and ‘‘authority’’ for clarity and consistency.
In subsection (g)(1), before clause (A), the words ‘‘required’’, ‘‘a period’’, and ‘‘to the extent necessary’’ are

§ 40110

TITLE 49—TRANSPORTATION

omitted as surplus. The word ‘‘mail’’ is omitted as
being included in ‘‘cargo’’. In clause (B), before subclause (i), the words ‘‘for example’’ are omitted as surplus.
In subsection (g)(3), the words ‘‘a period’’ are omitted
as surplus.
In subsection (h), the words ‘‘The Secretary may act
under subsections (d) and (f)(3)(B) of this section’’ are
added because of the restatement. The word ‘‘notice’’
does not appear in 49 App.:1386(b)(6) (words between 5th
and 6th commas) but is made applicable to both of the
restated source provisions for consistency with subchapter II of chapter 5 of title 5, United States Code.
The words ‘‘opportunity for a’’ are added for consistency in the revised title.
PUB. L. 104–287
This amends 49:40109(c) to correct an error in the
codification enacted by section 1 of the Act of July 5,
1994 (Public Law 103–272, 108 Stat. 1105), to include in
the cross-reference sections enacted after the cutoff
date for the codification of title 49 as enacted by section 1 of the Act (Public Law 103–272, 108 Stat. 745), and
to make it easier to include future sections in the
cross-reference by restating it in terms of chapters.
AMENDMENTS
1996—Subsec. (c). Pub. L. 104–287, § 5(65)(B), substituted ‘‘sections 44909 and 46301(b)’’ for ‘‘section
46301(b)’’.
Pub. L. 104–287, § 5(65)(A), substituted ‘‘chapter 413
(except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417
(except sections 41703, 41704, 41710, 41713, and 41714),’’ for
‘‘sections 41301–41306, 41308–41310(a), 41501, 41503, 41504,
41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712,
and 41731–41742,’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–287 effective July 5, 1994,
see section 8(1) of Pub. L. 104–287, set out as a note
under section 5303 of this title.
AUTHORITY TO GRANT EXEMPTIONS TO GOVERNMENT
AIRCRAFT
Pub. L. 103–411, § 3(b), Oct. 25, 1994, 108 Stat. 4237, provided that:
‘‘(1) IN GENERAL.—The Administrator of the Federal
Aviation Administration may grant an exemption to
any unit of Federal, State, or local government from
any requirement of part A of subtitle VII of title 49,
United States Code, that would otherwise be applicable
to current or future aircraft of such unit of government
as a result of the amendment made by subsection (a) of
this section [amending section 40102 of this title].
‘‘(2) REQUIREMENTS.—The Administrator may grant
an exemption under paragraph (1) only if—
‘‘(A) the Administrator finds that granting the exemption is necessary to prevent an undue economic
burden on the unit of government; and
‘‘(B) the Administrator certifies that the aviation
safety program of the unit of government is effective
and appropriate to ensure safe operations of the type
of aircraft operated by the unit of government.’’

§ 40110. General procurement authority
(a) GENERAL.—In carrying out this part, the
Administrator of the Federal Aviation Administration—
(1) to the extent that amounts are available
for obligation, may acquire services or, by
condemnation or otherwise, an interest in
property, including an interest in airspace immediately adjacent to and needed for airports
and other air navigation facilities owned by
the United States Government and operated
by the Administrator;

Page 744

(2) may dispose of an interest in property for
adequate compensation; and
(3) may construct and improve laboratories
and other test facilities.
(b) PURCHASE OF HOUSING UNITS.—
(1) AUTHORITY.—In carrying out this part,
the Administrator may purchase a housing
unit (including a condominium or a housing
unit in a building owned by a cooperative)
that is located outside the contiguous United
States if the cost of the unit is $300,000 or less.
(2) ADJUSTMENTS FOR INFLATION.—For fiscal
years beginning after September 30, 1997, the
Administrator may adjust the dollar amount
specified in paragraph (1) to take into account
increases in local housing costs.
(3) CONTINUING OBLIGATIONS.—Notwithstanding section 1341 of title 31, the Administrator
may purchase a housing unit under paragraph
(1) even if there is an obligation thereafter to
pay necessary and reasonable fees duly assessed upon such unit, including fees related
to operation, maintenance, taxes, and insurance.
(4) CERTIFICATION TO CONGRESS.—The Administrator may purchase a housing unit under
paragraph (1) only if, at least 30 days before
completing the purchase, the Administrator
transmits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a
report containing—
(A) a description of the housing unit and
its price;
(B) a certification that the price does not
exceed the median price of housing units in
the area; and
(C) a certification that purchasing the
housing unit is the most cost-beneficial
means of providing necessary accommodations in carrying out this part.
(5) PAYMENT OF FEES.—The Administrator
may pay, when due, fees resulting from the
purchase of a housing unit under this subsection from any amounts made available to
the Administrator.
(c) DUTIES AND POWERS.—When carrying out
subsection (a) of this section, the Administrator
of the Federal Aviation Administration may—
(1) notwithstanding section 1341(a)(1) of title
31, lease an interest in property for not more
than 20 years;
(2) consider the reasonable probable future
use of the underlying land in making an award
for a condemnation of an interest in airspace;
(3) construct, or acquire an interest in, a
public building (as defined in section 3301(a) of
title 40) only under a delegation of authority
from the Administrator of General Services;
(4) use procedures other than competitive
procedures only when the property or services
needed by the Administrator of the Federal
Aviation Administration are available from
only one responsible source or only from a
limited number of responsible sources and no
other type of property or services will satisfy
the needs of the Administrator; and
(5) dispose of property under subsection
(a)(2) of this section, except for airport and

Page 745

TITLE 49—TRANSPORTATION

airway property and technical equipment used
for the special purposes of the Administration,
only under sections 121, 123, and 126 and chapter 5 of title 40.
(d) ACQUISITION MANAGEMENT SYSTEM.—
(1) IN GENERAL.—In consultation with such
non-governmental experts in acquisition management systems as the Administrator may
employ, and notwithstanding provisions of
Federal acquisition law, the Administrator
shall develop and implement an acquisition
management system for the Administration
that addresses the unique needs of the agency
and, at a minimum, provides for—
(A) more timely and cost-effective acquisitions of equipment, services, property, and
materials; and
(B) the resolution of bid protests and contract disputes related thereto, using consensual alternative dispute resolution techniques to the maximum extent practicable.
(2) APPLICABILITY OF FEDERAL ACQUISITION
LAW.—The following provisions of Federal acquisition law shall not apply to the new acquisition management system developed and implemented pursuant to paragraph (1):
(A) Title III of the Federal Property and
Administrative Services Act of 1949 (41
U.S.C. 252–266).
(B) The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
(C) The Federal Acquisition Streamlining
Act of 1994 (Public Law 103–355), except for
section 315 (41 U.S.C. 265). For the purpose of
applying section 315 of that Act to the system, the term ‘‘executive agency’’ is deemed
to refer to the Federal Aviation Administration.
(D) The Small Business Act (15 U.S.C. 631
et seq.), except that all reasonable opportunities to be awarded contracts shall be provided to small business concerns and small
business concerns owned and controlled by
socially and economically disadvantaged individuals.
(E) The Competition in Contracting Act.
(F) Subchapter V of chapter 35 of title 31,
relating to the procurement protest system.
(G) The Federal Acquisition Regulation
and any laws not listed in subparagraphs (A)
through (F) providing authority to promulgate regulations in the Federal Acquisition
Regulation.
(3) CERTAIN PROVISIONS OF THE OFFICE OF FEDPROCUREMENT POLICY ACT.—Notwithstanding paragraph (2)(B), section 27 of the Office of Federal Procurement Policy Act (41
U.S.C. 423) shall apply to the new acquisition
management system developed and implemented under paragraph (1) with the following
modifications:
(A) Subsections (f) and (g) shall not apply.
(B) Within 90 days after the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, the Administrator shall adopt definitions for the acquisition management system that are consistent with the purpose
and intent of the Office of Federal Procurement Policy Act.
ERAL

§ 40110

(C) After the adoption of those definitions,
the criminal, civil, and administrative remedies provided under the Office of Federal
Procurement Policy Act apply to the acquisition management system.
(D) In the administration of the acquisition management system, the Administrator
may take adverse personnel action under
section 27(e)(3)(A)(iv) of the Office of Federal
Procurement Policy Act in accordance with
the procedures contained in the Administration’s personnel management system.
(4) ADJUDICATION OF CERTAIN BID PROTESTS
AND CONTRACT DISPUTES.—A bid protest or contract dispute that is not addressed or resolved
through alternative dispute resolution shall be
adjudicated by the Administrator through Dispute Resolution Officers or Special Masters of
the Federal Aviation Administration Office of
Dispute Resolution for Acquisition, acting
pursuant to sections 46102, 46104, 46105, 46106
and 46107 and shall be subject to judicial review under section 46110 and to section 504 of
title 5.
(e) PROHIBITION ON
POSALS.—

RELEASE OF OFFEROR PRO-

(1) GENERAL RULE.—Except as provided in
paragraph (2), a proposal in the possession or
control of the Administrator may not be made
available to any person under section 552 of
title 5.
(2) EXCEPTION.—Paragraph (1) shall not
apply to any portion of a proposal of an offeror
the disclosure of which is authorized by the
Administrator pursuant to procedures published in the Federal Register. The Administrator shall provide an opportunity for public
comment on the procedures for a period of not
less than 30 days beginning on the date of such
publication in order to receive and consider
the views of all interested parties on the procedures. The procedures shall not take effect
before the 60th day following the date of such
publication.
(3) PROPOSAL DEFINED.—In this subsection,
the term ‘‘proposal’’ means information contained in or originating from any proposal, including a technical, management, or cost proposal, submitted by an offeror in response to
the requirements of a solicitation for a competitive proposal.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1106;
Pub. L. 103–429, § 6(48), (80), Oct. 31, 1994, 108 Stat.
4384, 4388; Pub. L. 104–264, title XII, § 1201, Oct. 9,
1996, 110 Stat. 3279; Pub. L. 106–181, title III,
§ 307(b), title VII, § 703, Apr. 5, 2000, 114 Stat. 125,
156; Pub. L. 107–217, § 3(n)(5), Aug. 21, 2002, 116
Stat. 1302; Pub. L. 108–176, title II, §§ 222, 224(a),
(b), Dec. 12, 2003, 117 Stat. 2527; Pub. L. 108–178,
§ 4(k), Dec. 15, 2003, 117 Stat. 2642.)

§ 40110

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES
PUB. L. 103–272

Revised
Section

Source (U.S. Code)

40110(a) ......

49 App.:1344(a)(1)
(less term of
lease), (2) (words
before 1st semicolon), (3).

40110(b)(1) ..
40110(b)
(2)(A).

49 App.:1344(d).
49 App.:1344(a)(1)
(related to term
of lease).
49 App.:1344(b)(1).

40110(b)
(2)(B).
40110(b)
(2)(C).
40110(b)
(2)(D).
40110(b)
(2)(E).

40110(b)
(2)(F).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 303(a)–(d), 72 Stat. 747;
May 21, 1970, Pub. L.
91–258, § 51(a)(1), 84 Stat.
234; July 12, 1976, Pub. L.
94–353, § 16, 90 Stat. 882;
Oct. 19, 1980, Pub. L.
96–470, § 112(e), 94 Stat.
2240; Jan. 12, 1983, Pub. L.
97–449, § 7(b), 96 Stat. 2444;
restated Nov. 5, 1990, Pub.
L. 101–508, § 9118(a), 104
Stat. 1388–365.

49 App.:1344(b)(2).
49 App.:1344(c).
49 App.:1344(g).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 747, § 303(g); added
Oct. 31, 1992, Pub. L.
102–581, § 201(a), 106 Stat.
4890.

49 App.:1344(a)(2)
(words after 1st
semicolon).

In this section, the word ‘‘Administrator’’ in section
303(a)–(d) of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 747) is retained on authority of
49:106(g).
In subsection (a), before clause (1), the words ‘‘In carrying out this part’’ are added for clarity. The words
‘‘on behalf of the United States . . . where appropriate’’
are omitted as surplus. In clause (1), the words ‘‘made
by the Congress’’, ‘‘by purchase, condemnation . . . or
otherwise’’, and ‘‘easements through or other’’ are
omitted as surplus. In clause (2), the words ‘‘by sale,
lease, or otherwise’’ and ‘‘real or personal’’ are omitted
as surplus. In clause (3), the word ‘‘renovate’’ is omitted as surplus. The words ‘‘and to purchase or otherwise acquire real property required therefor’’ are omitted as surplus because of the authority of the Administrator to acquire real property under clause (1) of this
subsection.
In subsection (b)(1), the words ‘‘procedures other than
competitive procedures’’ are substituted for ‘‘noncompetitive procedures’’ for consistency with subsection (b)(2)(D) of this section and 41:253(f).
In subsection (b)(2)(B), the text of 49 App.:1344(b)(1)
(words before semicolon) and the words ‘‘easements
through or other’’ are omitted as surplus.
In subsection (b)(2)(C), the words ‘‘by purchase, condemnation, or lease’’ are omitted as surplus.
Subsection (b)(2)(E) is substituted for 49 App.:1344(g)
to eliminate the cross-references to other laws and for
clarity and is based on the text of 10:2304(c)(1).
PUB. L. 103–429
This amends 49:40110(a) to clarify the restatement of
49 App.:1344(a)(1)–(3) by section 1 of the Act of July 5,
1994 (Public Law 103–272, 108 Stat. 1106).
REFERENCES IN TEXT
The Federal Property and Administrative Services
Act of 1949, referred to in subsec. (d)(2)(A), is act June
30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the
Act is classified generally to subchapter IV (§ 251 et
seq.) of chapter 4 of Title 41, Public Contracts. For
complete classification of this Act to the Code, see
Tables.
The Office of Federal Procurement Policy Act, referred to in subsec. (d)(2)(B), (3)(B), (C), is Pub. L.
93–400, Aug. 30, 1974, 88 Stat. 796, as amended, which is
classified principally to chapter 7 (§ 401 et seq.) of Title
41, Public Contracts. For complete classification of this
Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables.

Page 746

The Federal Acquisition Streamlining Act of 1994, referred to in subsec. (d)(2)(C), is Pub. L. 103–355, Oct. 13,
1994, 108 Stat. 3243. For complete classification of this
Act to the Code, see Short Title of 1994 Amendment
note set out under section 251 of Title 41, Public Contracts, and Tables.
The Small Business Act, referred to in subsec.
(d)(2)(D), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72
Stat. 384, which is classified generally to chapter 14A
(§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short
Title note set out under section 631 of Title 15 and
Tables.
The Competition in Contracting Act, referred to in
subsec. (d)(2)(E), probably means the Competition in
Contracting Act of 1984, which is title VII of Pub. L.
98–369, div. B, July 18, 1984, 98 Stat. 1175. For complete
classification of this Act to the Code, see Short Title of
1984 Amendments note set out under section 251 of Title
41, Public Contracts, and Tables.
The date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (d)(3)(B), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5,
2000.
AMENDMENTS
2003—Subsec. (c). Pub. L. 108–176, § 224(a), struck out
par. (1), which related to the senior procurement executive, par. (2) designation before ‘‘may—’’, and subpar.
(D) of par. (2), which related to use procedures other
than competitive procedures, redesignated subpars. (A),
(B), (C), (E), and (F) of par. (2) as pars. (1) to (5), respectively, and realigned margins.
Subsec. (d)(1). Pub. L. 108–176, § 224(b)(1), struck out
‘‘, not later than January 1, 1996,’’ after ‘‘shall develop
and implement’’, substituted ‘‘provides for—’’ for ‘‘provides for more timely and cost-effective acquisitions of
equipment and materials.’’, and added subpars. (A) and
(B).
Subsec. (d)(2)(C). Pub. L. 108–176, § 222, substituted
‘‘(Public Law 103–355), except for section 315 (41 U.S.C.
265). For the purpose of applying section 315 of that Act
to the system, the term ‘executive agency’ is deemed to
refer to the Federal Aviation Administration.’’ for
‘‘(Public Law 103–355).’’
Subsec. (d)(2)(G). Pub. L. 108–178, § 4(k)(3), substituted
‘‘subparagraphs (A) through (F)’’ for ‘‘subparagraphs
(A) through (G)’’.
Pub. L. 108–178, § 4(k)(1), (2), redesignated subpar. (H)
as (G) and struck out former subpar. (G) which read as
follows: ‘‘The Brooks Automatic Data Processing Act
(40 U.S.C. 759).’’
Subsec. (d)(2)(H). Pub. L. 108–178, § 4(k)(2), redesignated subpar. (H) as (G).
Subsec. (d)(4). Pub. L. 108–176, § 224(b)(2), added par. (4)
and struck out heading and text of former par. (4). Text
read as follows: ‘‘This subsection shall take effect on
April 1, 1996.’’
2002—Subsec. (c)(2)(C). Pub. L. 107–217, § 3(n)(5)(A),
substituted ‘‘(as defined in section 3301(a) of title 40)’’
for ‘‘(as defined in section 13 of the Public Buildings
Act of 1959 (40 U.S.C. 612))’’.
Subsec. (c)(2)(F). Pub. L. 107–217, § 3(n)(5)(B), substituted ‘‘sections 121, 123, and 126 and chapter 5 of title
40’’ for ‘‘title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’.
2000—Subsecs. (d), (e). Pub. L. 106–181 added subsecs.
(d) and (e).
1996—Subsecs. (b), (c). Pub. L. 104–264 added subsec.
(b) and redesignated former subsec. (b) as (c).
1994—Subsec. (a). Pub. L. 103–429, § 6(48), in introductory provisions, struck out ‘‘may’’ after ‘‘Administration’’, in par. (1), struck out ‘‘acquire,’’ before ‘‘to the
extent’’ and substituted ‘‘may acquire services or, by
condemnation or otherwise,’’ for ‘‘services or’’, and in
pars. (2) and (3), inserted ‘‘may’’ after par. designation.
Subsec. (b)(2)(A). Pub. L. 103–429, § 6(80), inserted
‘‘notwithstanding section 1341(a)(1) of title 31,’’ before
‘‘lease’’.

Page 747

TITLE 49—TRANSPORTATION

EFFECTIVE DATE OF 2003 AMENDMENTS
Amendment by Pub. L. 108–178 effective Aug. 21, 2002,
see section 5 of Pub. L. 108–178, set out as a note under
section 5334 of Title 5, Government Organization and
Employees.
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
FAA EVALUATION OF LONG-TERM CAPITAL LEASING
Pub. L. 106–181, title VII, § 704, Apr. 5, 2000, 114 Stat.
157, provided that:
‘‘(a) IN GENERAL.—The Administrator [of the Federal
Aviation Administration] may carry out a pilot program in fiscal years 2001 through 2003 to test and evaluate the benefits of long-term contracts for the leasing
of aviation equipment and facilities.
‘‘(b) PERIOD OF CONTRACTS.—Notwithstanding any
other provision of law, the Administrator may enter
into a contract under the program to lease aviation
equipment or facilities for a period of greater than 5
years.
‘‘(c) NUMBER OF CONTRACTS.—The Administrator may
not enter into more that [than] 10 contracts under the
program.
‘‘(d) TYPES OF CONTRACTS.—The contracts to be evaluated under the program may include contracts for
telecommunication services that are provided through
the use of a satellite, requirements related to oceanic
and air traffic control, air-to-ground radio communications, and air traffic control tower construction.’’
ASSESSMENT OF ACQUISITION MANAGEMENT SYSTEM
Section 251 of Pub. L. 104–264 provided that: ‘‘Not
later than April 1, 1999, the Administrator [of the Federal Aviation Administration] shall employ outside experts to provide an independent evaluation of the effectiveness of the Administration’s [Federal Aviation Administration] acquisition management system within 3
months after such date. The Administrator shall transmit a copy of the evaluation to the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives.’’
Pub. L. 104–205, title III, § 351, Sept. 30, 1996, 110 Stat.
2979, provided that: ‘‘Not later than December 31, 1997,
the Administrator of the Federal Aviation Administration shall—
‘‘(a) take such action as may be necessary to provide for an independent assessment of the acquisition
management system of the Federal Aviation Administration that includes a review of any efforts of the
Administrator in promoting and encouraging the use
of full and open competition as the preferred method
of procurement with respect to any contract that involves an amount greater than $50,000,000; and
‘‘(b) submit to the Congress a report on the findings
of that independent assessment: Provided, That for

§ 40110

purposes of this section, the term ‘full and open competition’ has the meaning provided that term in section 4(6) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(6)).’’
ACQUISITION MANAGEMENT SYSTEM FOR FEDERAL
AVIATION ADMINISTRATION
Pub. L. 104–50, title III, § 348, Nov. 15, 1995, 109 Stat.
460, required the Administrator of the Federal Aviation
Administration to develop and implement, not later
than Jan. 1, 1996, an acquisition management system,
exempt from specified federal procurement and acquisition laws, to provide for more timely and cost-effective
acquisitions of equipment and materials, prior to repeal by Pub. L. 106–181, title III, § 307(d), Apr. 5, 2000, 114
Stat. 126.
ALTERNATIVE PROCUREMENT AND ACQUISITION PILOT
PROGRAM
Pub. L. 103–355, title V, § 5063, Oct. 13, 1994, 108 Stat.
3356, provided that:
‘‘(a) AUTHORITY.—The Secretary of Transportation
may conduct a test of alternative and innovative procurement procedures in carrying out acquisitions for
one of the modernization programs under the Airway
Capital Investment Plan prepared pursuant to section
44501(b) of title 49, United States Code. In conducting
such test, the Secretary shall consult with the Administrator for Federal Procurement Policy.
‘‘(b) PILOT PROGRAM IMPLEMENTATION.—(1) The Secretary of Transportation should prescribe policies and
procedures for the interaction of the program manager
and the end user executive responsible for the requirement for the equipment acquired. Such policies and
procedures should include provisions for enabling the
end user executive to participate in acceptance testing.
‘‘(2) Not later than 45 days after the date of enactment of this Act [Oct. 13, 1994], the Secretary of Transportation shall identify for the pilot program quantitative measures and goals for reducing acquisition
management costs.
‘‘(3) The Secretary of Transportation shall establish
for the pilot program a review process that provides
senior acquisition officials with reports on the minimum necessary data items required to ensure the appropriate expenditure of funds appropriated for the program and that—
‘‘(A) contain essential information on program results at appropriate intervals, including the criteria
to be used in measuring the success of the program;
and
‘‘(B) reduce data requirements from the current
program review reporting requirements.
‘‘(c) SPECIAL AUTHORITIES.—The authority provided
by subsection (a) shall include authority for the Secretary of Transportation—
‘‘(1) to apply any amendment or repeal of a provision of law made in this Act [see Short Title of 1994
Amendment note set out under section 251 of Title 41,
Public Contracts] to the pilot program before the effective date of such amendment or repeal; and
‘‘(2) to apply to a procurement of items other than
commercial items under such program—
‘‘(A) any authority provided in this Act (or in an
amendment made by a provision of this Act) to
waive a provision of law in the case of commercial
items, and
‘‘(B) any exception applicable under this Act (or
an amendment made by a provision of this Act) in
the case of commercial items,
before the effective date of such provision (or amendment) to the extent that the Secretary determines
necessary to test the application of such waiver or
exception to procurements of items other than commercial items.
‘‘(d) APPLICABILITY.—Subsection (c) applies with respect to—
‘‘(1) a contract that is awarded or modified after
the date occurring 45 days after the date of the enactment of this Act [Oct. 13, 1994]; and

§ 40111

TITLE 49—TRANSPORTATION

‘‘(2) a contract that is awarded before such date and
is to be performed (or may be performed), in whole or
in part, after such date.
‘‘(e) PROCEDURES AUTHORIZED.—The test conducted
under this section may include any of the following
procedures:
‘‘(1) Restriction of competitions to sources determined capable in a precompetition screening process,
provided that the screening process affords all interested sources a fair opportunity to be considered.
‘‘(2) Restriction of competitions to sources of preevaluated products, provided that the preevaluation
process affords all interested sources a fair opportunity to be considered.
‘‘(3) Alternative notice and publication requirements.
‘‘(4) A process in which—
‘‘(A) the competitive process is initiated by publication in the Commerce Business Daily, or by dissemination through FACNET, of a notice that—
‘‘(i) contains a synopsis of the functional and
performance needs of the executive agency conducting the test, and, for purposes of guidance
only, other specifications; and
‘‘(ii) invites any interested source to submit information or samples showing the suitability of
its product for meeting those needs, together
with a price quotation, or, if appropriate, showing
the source’s technical capability, past performance, product supportability, or other qualifications (including, as appropriate, information regarding rates and other cost-related factors);
‘‘(B) contracting officials develop a request for
proposals (including appropriate specifications and
evaluation criteria) after reviewing the submissions
of interested sources and, if the officials determine
necessary, after consultation with those sources;
and
‘‘(C) a contract is awarded after a streamlined
competition that is limited to all sources that
timely provided product information in response to
the notice or, if appropriate, to those sources determined most capable based on the qualificationbased factors included in an invitation to submit
information pursuant to subparagraph (A).
‘‘(f) WAIVER OF PROCUREMENT REGULATIONS.—(1) In
conducting the test under this section, the Secretary of
Transportation, with the approval of the Administrator
for Federal Procurement Policy, may waive—
‘‘(A) any provision of the Federal Acquisition Regulation that is not required by statute; and
‘‘(B) any provision of the Federal Acquisition Regulation that is required by a provision of law described
in paragraph (2), the waiver of which the Administrator determines in writing to be necessary to test
procedures authorized by subsection (e).
‘‘(2) The provisions of law referred to in paragraph (1)
are as follows:
‘‘(A) Subsections (e), (f), and (g) of section 8 of the
Small Business Act (15 U.S.C. 637).
‘‘(B) The following provisions of the Federal Property and Administrative Services Act of 1949:
‘‘(i) Section 303 (41 U.S.C. 253).
‘‘(ii) Section 303A (41 U.S.C. 253a).
‘‘(iii) Section 303B (41 U.S.C. 253b).
‘‘(iv) Section 303C (41 U.S.C. 253c).
‘‘(C) The following provisions of the Office of Federal Procurement Policy Act:
‘‘(i) Section 4(6) (41 U.S.C. 403(6)).
‘‘(ii) Section 18 (41 U.S.C. 416).
‘‘(g) DEFINITION.—In this section, the term ‘commercial item’ has the meaning provided that term in section 4(12) of the Office of Federal Procurement Policy
Act [41 U.S.C. 403(12)].
‘‘(h) EXPIRATION OF AUTHORITY.—The authority to
conduct the test under subsection (a) and to award contracts under such test shall expire 4 years after the
date of the enactment of this Act. Contracts entered
into before such authority expires shall remain in effect, notwithstanding the expiration of the authority
to conduct the test under this section.

Page 748

‘‘(i) RULE OF CONSTRUCTION.—Nothing in this section
shall be construed as authorizing the appropriation or
obligation of funds for the test conducted pursuant to
subsection (a).’’

§ 40111. Multiyear procurement contracts for
services and related items
(a) GENERAL AUTHORITY.—Notwithstanding
section 1341(a)(1)(B) of title 31, the Administrator of the Federal Aviation Administration
may make a contract of not more than 5 years
for the following types of services and items of
supply related to those services for which
amounts otherwise would be available for obligation only in the fiscal year for which appropriated:
(1) operation, maintenance, and support of
facilities and installations.
(2) operation, maintenance, and modification
of aircraft, vehicles, and other highly complex
equipment.
(3) specialized training requiring high quality instructor skills, including training of pilots and aircrew members and foreign language training.
(4) base services, including ground maintenance, aircraft refueling, bus transportation,
and refuse collection and disposal.
(b) REQUIRED FINDINGS.—The Administrator
may make a contract under this section only if
the Administrator finds that—
(1) there will be a continuing requirement
for the service consistent with current plans
for the proposed contract period;
(2) providing the service will require a substantial initial investment in plant or equipment, or will incur a substantial contingent liability for assembling, training, or transporting a specialized workforce; and
(3) the contract will promote the best interests of the United States by encouraging effective competition and promoting economies in
operation.
(c) CONSIDERATIONS.—When making a contract
under this section, the Administrator shall be
guided by the following:
(1) The part of the cost of a plant or equipment amortized as a cost of contract performance may not be more than the ratio between
the period of contract performance and the anticipated useful commercial life (instead of
physical life) of the plant or equipment, considering the location and specialized nature of
the plant or equipment, obsolescence, and
other similar factors.
(2) The Administrator shall consider the desirability of—
(A) obtaining an option to renew the contract for a reasonable period of not more
than 3 years, at a price that does not include
charges for nonrecurring costs already amortized; and
(B) reserving in the Administrator the
right, on payment of the unamortized part of
the cost of the plant or equipment, to take
title to the plant or equipment under appropriate circumstances.
(d) ENDING CONTRACTS.—A contract made
under this section shall be ended if amounts are
not made available to continue the contract

Page 749

TITLE 49—TRANSPORTATION

into a subsequent fiscal year. The cost of ending
the contract may be paid from—
(1) an appropriation originally available for
carrying out the contract;
(2) an appropriation currently available for
procuring the type of service concerned and
not otherwise obligated; or
(3) amounts appropriated for payments to
end the contract.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1107.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

40111(a) ......

49 App.:1344(e)(1).

40111(b) ......
40111(c) ......
40111(d) ......

49 App.:1344(e)(2).
49 App.:1344(e)(3).
49 App.:1344(e)(4).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 303(e), 72 Stat. 747; May
21, 1970, Pub. L. 91–258,
§ 51(a)(1), 84 Stat. 234; July
12, 1976, Pub. L. 94–353,
§ 16, 90 Stat. 882; Oct. 19,
1980,
Pub.
L.
96–470,
§ 112(e), 94 Stat. 2240; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L.
101–508, § 9118(a), 104 Stat.
1388–366.

In this section, the word ‘‘Administrator’’ in section
303(e) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 747) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words ‘‘periods
of’’ are omitted as surplus. In clause (3), the words
‘‘training of’’ are added for clarity. In clause (4), the
word ‘‘aircraft’’ is substituted for ‘‘in-plane’’ for clarity.
In subsection (c)(2)(A), the words ‘‘plant, equipment,
and other’’ are omitted as surplus.
In subsection (d), the words ‘‘canceled or’’ and ‘‘cancellation or’’ are omitted as being included in ‘‘ended’’
and ‘‘ending’’, respectively.

§ 40112. Multiyear procurement contracts for
property
(a) GENERAL AUTHORITY.—Notwithstanding
section 1341(a)(1)(B) of title 31 and to the extent
that amounts otherwise are available for obligation, the Administrator of the Federal Aviation
Administration may make a contract of more
than one but not more than 5 fiscal years to purchase property, except a contract to construct,
alter, or make a major repair or improvement to
real property.
(b) REQUIRED FINDINGS.—The Administrator
may make a contract under this section if the
Administrator finds that—
(1) the contract will promote the safety or
efficiency of the national airspace system and
will result in reduced total contract costs;
(2) the minimum need for the property to be
purchased is expected to remain substantially
unchanged during the proposed contract period in terms of production rate, procurement
rate, and total quantities;
(3) there is a reasonable expectation that
throughout the proposed contract period the
Administrator will request appropriations for
the contract at the level required to avoid
cancellation;
(4) there is a stable design for the property
to be acquired and the technical risks associated with the property are not excessive; and

§ 40112

(5) the estimates of the contract costs and
the anticipated savings from the contract are
realistic.
(c) REGULATIONS.—The Administrator shall
prescribe regulations for acquiring property
under this section to promote the use of contracts under this section in a way that will
allow the most efficient use of those contracts.
The regulations may provide for a cancellation
provision in the contract to the extent the provision is necessary and in the best interest of
the United States. The provision may include
consideration of recurring and nonrecurring
costs of the contractor associated with producing the item to be delivered under the contract.
The regulations shall provide that, to the extent
practicable—
(1) to broaden the aviation industrial base—
(A) a contract under this section shall be
used to seek, retain, and promote the use
under that contract of subcontractors, vendors, or suppliers; and
(B) on accrual of a payment or other benefit accruing on a contract under this section
to a subcontractor, vendor, or supplier participating in the contract, the payment or
benefit shall be delivered in the most expeditious way practicable; and
(2) this section and regulations prescribed
under this section may not be carried out in a
way that precludes or curtails the existing
ability of the Administrator to provide for—
(A) competition in producing items to be
delivered under a contract under this section; or
(B) ending a prime contract when performance is deficient with respect to cost, quality, or schedule.
(d) CONTRACT PROVISIONS.—(1) A contract
under this section may—
(A) be used for the advance procurement of
components, parts, and material necessary to
manufacture equipment to be used in the national airspace system;
(B) provide that performance under the contract after the first year is subject to amounts
being appropriated; and
(C) contain a negotiated priced option for
varying the number of end items to be procured over the period of the contract.
(2) If feasible and practicable, an advance procurement contract may be made to achieve economic-lot purchases and more efficient production rates.
(e) CANCELLATION PAYMENT AND NOTICE OF
CANCELLATION CEILING.—(1) If a contract under
this section provides that performance is subject
to an appropriation being made, it also may provide for a cancellation payment to be made to
the contractor if the appropriation is not made.
(2) Before awarding a contract under this section containing a cancellation ceiling of more
than $100,000,000, the Administrator shall give
written notice of the proposed contract and cancellation ceiling to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
The contract may not be awarded until the end

§ 40113

TITLE 49—TRANSPORTATION

of the 30-day period beginning on the date of the
notice.
(f) ENDING CONTRACTS.—A contract made
under this section shall be ended if amounts are
not made available to continue the contract
into a subsequent fiscal year. The cost of ending
the contract may be paid from—
(1) an appropriation originally available for
carrying out the contract;
(2) an appropriation currently available for
procuring the type of property concerned and
not otherwise obligated; or
(3) amounts appropriated for payments to
end the contract.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1108;
Pub. L. 104–106, div. E, title LVI, § 5606, Feb. 10,
1996, 110 Stat. 700; Pub. L. 104–287, § 5(9), Oct. 11,
1996, 110 Stat. 3389.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

40112(a) ......

49 App.:1344(f)(1)
(words before 4th
comma), (6), (7)
(1st sentence).

40112(b) ......

49 App.:1344(f)(1)
(words after 4th
comma).
49 App.:1344(f)(2).
49 App.:1344(f)(4)
(words before 3d
comma).
49 App.:1344(f)(7)
(last sentence
words before ‘‘and
(if’’).
49 App.:1344(f)(8).

40112(c) ......
40112(d)
(1)(A).
40112(d)
(1)(B).
40112(d)
(1)(C).
40112(d)(2) ..
40112(e)(1) ..

40112(e)(2) ..
40112(f) .......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 303(f), 72 Stat. 747; May
21, 1970, Pub. L. 91–258,
§ 51(a)(1), 84 Stat. 234; July
12, 1976, Pub. L. 94–353,
§ 16, 90 Stat. 882; Oct. 19,
1980,
Pub.
L.
96–470,
§ 112(e), 94 Stat. 2240; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L.
101–508, § 9118(a), 104 Stat.
1388–367.

49 App.:1344(f)(4)
(words after 3d
comma).
49 App.:1344(f)(7)
(last sentence
words after ‘‘of
funds’’).
49 App.:1344(f)(3).
49 App.:1344(f)(5).

In this section, the word ‘‘Administrator’’ in section
303(f) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 747) is retained on authority of 49:106(g).
In subsection (a), the reference in 49 App.:1344(f)(7) to
a contract for the purchase of services is omitted as
surplus because 49 App.:1344(f)(1) states that the subsection is concerned only with contracts for the purchase of property.
In subsection (b)(5), the word ‘‘savings’’ is substituted
for ‘‘cost avoidance’’ for clarity.
In subsection (c), before clause (1), the word ‘‘both’’ is
omitted as surplus. In clause (1)(A), the words ‘‘in such
a manner as’’ and ‘‘companies that are’’ are omitted as
surplus. In clause (1)(B), the words ‘‘accruing on’’ are
substituted for ‘‘under’’ for clarity. The words ‘‘subcontractor’’ and ‘‘contract’’ are substituted for ‘‘subcontract’’ and ‘‘contractor’’, respectively, to correct errors in the source provisions being restated.
In subsection (d)(1)(B), the words ‘‘after the first
year’’ are substituted for ‘‘during the second and subsequent years of the contract’’ to eliminate unnecessary
words.
In subsection (e)(2), the words ‘‘a clause setting
forth’’ are omitted as surplus.
In subsection (f), the words ‘‘canceled or’’ and ‘‘cancellation or’’ are omitted as being included in ‘‘ended’’
and ‘‘ending’’, respectively.

Page 750
AMENDMENTS

1996—Subsec. (a). Pub. L. 104–106 struck out ‘‘or a contract to purchase property to which section 111 of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759) applies’’ after ‘‘improvement to real
property’’.
Subsec. (e)(2). Pub. L. 104–287 substituted ‘‘Transportation and Infrastructure’’ for ‘‘Public Works and
Transportation’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–106 effective 180 days after
Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10,
1996, 110 Stat. 702.

§ 40113. Administrative
(a) GENERAL AUTHORITY.—The Secretary of
Transportation (or the Under Secretary of
Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration
with respect to aviation safety duties and powers designated to be carried out by the Administrator) may take action the Secretary, Under
Secretary, or Administrator, as appropriate,
considers necessary to carry out this part, including conducting investigations, prescribing
regulations, standards, and procedures, and issuing orders.
(b) HAZARDOUS MATERIAL.—In carrying out
this part, the Secretary has the same authority
to regulate the transportation of hazardous material by air that the Secretary has under section 5103 of this title. However, this subsection
does not prohibit or regulate the transportation
of a firearm (as defined in section 232 of title 18)
or ammunition for a firearm, when transported
by an individual for personal use.
(c) GOVERNMENTAL ASSISTANCE.—The Secretary (or the Administrator of the Federal
Aviation Administration with respect to aviation safety duties and powers designated to be
carried out by the Administrator) may use the
assistance of the Administrator of the National
Aeronautics and Space Administration and any
research or technical department, agency, or instrumentality of the United States Government
on matters related to aircraft fuel and oil, and
to the design, material, workmanship, construction, performance, maintenance, and operation
of aircraft, aircraft engines, propellers, appliances, and air navigation facilities. Each department, agency, and instrumentality may conduct
scientific and technical research, investigations,
and tests necessary to assist the Secretary or
Administrator of the Federal Aviation Administration in carrying out this part. This part does
not authorize duplicating laboratory research
activities of a department, agency, or instrumentality.
(d) INDEMNIFICATION.—The Under Secretary of
Transportation for Security or the Administrator of the Federal Aviation Administration
may indemnify an officer or employee of the
Transportation Security Administration or Federal Aviation Administration, as the case may
be, against a claim or judgment arising out of
an act that the Under Secretary or Administrator, as the case may be, decides was committed within the scope of the official duties of the
officer or employee.

Page 751

(e) ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.—

(1) SAFETY-RELATED TRAINING AND OPERATIONAL SERVICES.—The Administrator may
provide safety-related training and operational services to foreign aviation authorities
with or without reimbursement, if the Administrator determines that providing such services promotes aviation safety. To the extent
practicable, air travel reimbursed under this
subsection shall be conducted on United
States air carriers.
(2) REIMBURSEMENT SOUGHT.—The Administrator shall actively seek reimbursement for
services provided under this subsection from
foreign aviation authorities capable of providing such reimbursement.
(3) CREDITING APPROPRIATIONS.—Funds received by the Administrator pursuant to this
section shall be credited to the appropriation
from which the expenses were incurred in providing such services.
(4) REPORTING.—Not later than December 31,
1995, and annually thereafter, the Administrator shall transmit to Congress a list of the
foreign aviation authorities to which the Administrator provided services under this subsection in the preceding fiscal year. Such list
shall specify the dollar value of such services
and any reimbursement received for such services.
(f) APPLICATION OF CERTAIN REGULATIONS TO
ALASKA.—In amending title 14, Code of Federal
Regulations, in a manner affecting intrastate
aviation in Alaska, the Administrator of the
Federal Aviation Administration shall consider
the extent to which Alaska is not served by
transportation modes other than aviation, and
shall establish such regulatory distinctions as
the Administrator considers appropriate.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1110;
Pub. L. 103–305, title II, § 202, Aug. 23, 1994, 108
Stat. 1582; Pub. L. 106–181, title I, § 156(a), Apr. 5,
2000, 114 Stat. 89; Pub. L. 107–71, title I, § 140(c),
Nov. 19, 2001, 115 Stat. 641.)
HISTORICAL AND REVISION NOTES
Revised
Section
40113(a) ......

§ 40113

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1324(a).
49 App.:1354(a).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

40113(b) ......

49 App.:1472(h)(1),
(3).

40113(c) ......

49 App.:1505.

40113(d) ......

49 App.:1655(c)(1).
49 App.:1354(e).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 204(a), 313(a), 72 Stat.
743, 752.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
§ 902(h)(1), (3), 72 Stat. 785;
restated Jan. 3, 1975, Pub.
L. 93–633, § 113(c), 88 Stat.
2162, 2163.
Aug. 23, 1958, Pub. L. 85–726,
§ 1105, 72 Stat. 798; Oct. 15,
1962, Pub. L. 87–810, § 3, 76
Stat. 921.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 313(e); added
Dec. 30, 1987, Pub. L.
100–223, § 205, 101 Stat.
1521.

In subsections (a), (c), and (d), the word ‘‘Administrator’’ in sections 313(a) and (e) and 1105 of the Federal

Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752,
798) is retained on authority of 49:106(g).
Subsection (a) is substituted for 49 App.:1324(a) and
1354(a) to eliminate unnecessary words. The word
‘‘standards’’ is added for consistency.
In subsection (b), the words ‘‘his responsibilities
under’’ and ‘‘safe’’ are omitted as surplus.
In subsection (c), the words ‘‘department, agency, and
instrumentality’’ are substituted for ‘‘agency’’ and
‘‘governmental agency’’ for consistency in the revised
title and with other titles of the United States Code.
The text of 49 App.:1505 (2d, 3d sentences) is omitted as
superseded by 49 App.:1903(b), restated in sections 1105,
1110, and 1111 of the revised title. The word ‘‘existing’’
is omitted as surplus.
In subsection (d), the text of 49 App.:1354(e) (last sentence) is omitted because of 49:322(a).
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71, § 140(c)(1), inserted
‘‘the Under Secretary of Transportation for Security
with respect to security duties and powers designated
to be carried out by the Under Secretary or’’ before
‘‘the Administrator of the Federal Aviation Administration’’ and substituted ‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’.
Subsec. (d). Pub. L. 107–71, § 140(c)(2), inserted ‘‘Under
Secretary of Transportation for Security or the’’ after
‘‘The’’ and substituted ‘‘employee of the Transportation Security Administration or Federal Aviation
Administration, as the case may be,’’ for ‘‘employee of
the Administration’’ and ‘‘the Under Secretary or Administrator, as the case may be, decides’’ for ‘‘the Administrator decides’’.
2000—Subsec. (f). Pub. L. 106–181 added subsec. (f).
1994—Subsec. (e). Pub. L. 103–305 added subsec. (e).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
ADMINISTRATIVE SERVICES FRANCHISE FUND
Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957,
provided in part that: ‘‘There is hereby established in
the Treasury a fund, to be available without fiscal year
limitation, for the costs of capitalizing and operating
such administrative services as the FAA Administrator
determines may be performed more advantageously as
centralized services, including accounting, international training, payroll, travel, duplicating, multimedia and information technology services: Provided,
That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made prior
to the current year for the purpose of providing capital
shall be used to capitalize such fund: Provided further,
That such fund shall be paid in advance from funds
available to the FAA and other Federal agencies for
which such centralized services are performed, at rates
which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and
equipment, amortization of Automated Data Processing (ADP) software and systems (either required or do-

§ 40114

TITLE 49—TRANSPORTATION

nated), and an amount necessary to maintain a reasonable operating reserve, as determined by the FAA Administrator: Provided further, That such fund shall provide services on a competitive basis: Provided further,
That an amount not to exceed four percent of the total
annual income to such fund may be retained in the
fund for fiscal year 1997 and each year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement
and implementation of FAA financial management,
ADP, and support systems: Provided further, That no
later than thirty days after the end of each fiscal year,
amounts in excess of this reserve limitation shall be
transferred to miscellaneous receipts in the Treasury.’’
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM
Pub. L. 106–69, title III, § 337, Oct. 9, 1999, 113 Stat.
1022, which provided that none of the funds in Pub. L.
106–69 were to be available for activities under the Aircraft Purchase Loan Guarantee Program during fiscal
year 2000, was from the Department of Transportation
and Related Agencies Appropriations Act, 2000, and was
not repeated in subsequent appropriations acts. Similar
provisions were contained in the following prior appropriation acts:
Pub. L. 105–277, div. A, § 101(g) [title I], Oct. 21, 1998,
112 Stat. 2681–439, 2681–446.
Pub. L. 105–66, title I, Oct. 27, 1997, 111 Stat. 1431.
Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957.
Pub. L. 104–50, title I, Nov. 15, 1995, 109 Stat. 442.
Pub. L. 103–331, title I, Sept. 30, 1994, 108 Stat. 2476.
Pub. L. 103–122, title I, Oct. 27, 1993, 107 Stat. 1205.
Pub. L. 102–388, title I, Oct. 6, 1992, 106 Stat. 1527.
Pub. L. 102–143, title I, Oct. 28, 1991, 105 Stat. 924.
Pub. L. 101–516, title I, Nov. 5, 1990, 104 Stat. 2161.
Pub. L. 101–164, title I, Nov. 21, 1989, 103 Stat. 1076.
Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2131.
Pub. L. 100–202, § 101(l) [title I], Dec. 22, 1987, 101 Stat.
1329–358, 1329–363.
Pub. L. 99–500, § 101(l) [H.R. 5205, title I], Oct. 18, 1986,
100 Stat. 1783–308, and Pub. L. 99–591, § 101(l) [H.R. 5205,
title I], Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, § 101(e) [title I], Dec. 19, 1985, 99 Stat.
1267, 1273.
Pub. L. 98–473, title I, § 3101(i) [title I], Oct. 12, 1984, 98
Stat. 1944, 1950.
Pub. L. 98–78, title I, Aug. 15, 1983, 97 Stat. 458.
Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 339.

§ 40114. Reports and records
(a) WRITTEN REPORTS.—(1) Except as provided
in this part, the Secretary of Transportation (or
the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by
the Administrator) shall make a written report
of each proceeding and investigation under this
part in which a formal hearing was held and
shall provide a copy to each party to the proceeding or investigation. The report shall include the decision, conclusions, order, and requirements of the Secretary or Administrator as
appropriate.
(2) The Secretary (or the Administrator with
respect to aviation safety duties and powers designated to be carried out by the Administrator)
shall have all reports, orders, decisions, and regulations the Secretary or Administrator, as appropriate, issues or prescribes published in the
form and way best adapted for public use. A publication of the Secretary or Administrator is
competent evidence of its contents.
(b) PUBLIC RECORDS.—Except as provided in
subpart II of this part, copies of tariffs and arrangements filed with the Secretary under subpart II, and the statistics, tables, and figures

Page 752

contained in reports made to the Secretary
under subpart II, are public records. The Secretary is the custodian of those records. A public
record, or a copy or extract of it, certified by
the Secretary under the seal of the Department
of Transportation is competent evidence in an
investigation by the Secretary and in a judicial
proceeding.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1110.)
HISTORICAL AND REVISION NOTES
Revised
Section
40114(a)(1) ..

Source (U.S. Code)
49 App.:1324(d) (1st,
2d sentences).
49 App.:1354(b) (1st,
2d sentences).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

40114(a)(2) ..

40114(b) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 204(d), 313(b), 1103, 72
Stat. 743, 753, 797.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1324(d) (3d,
last sentences).
49 App.:1354(b) (3d,
last sentences).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1503.
49 App.:1551(b)(1)(E).

In subsection (a), the word ‘‘Administrator’’ in section 313(b) of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 753) is retained on authority of
49:106(g).
In subsection (a)(1), the words ‘‘otherwise’’, ‘‘requirement in the premises’’, and ‘‘shall be entered of record’’
are omitted as surplus.
In subsection (a)(2), the word ‘‘rules’’ is omitted as
being synonymous with ‘‘regulations’’. The word ‘‘prescribes’’ is added for consistency in the revised title
and with other titles of the United States Code. The
words ‘‘under this chapter’’ and ‘‘information and’’ are
omitted as surplus. The words ‘‘A publication of the
Secretary or Administrator is competent evidence of
its contents’’ is substituted for 49 App.:1324(d) (last sentence) to eliminate unnecessary words and for consistency.
In subsection (b), the words ‘‘otherwise’’, ‘‘all contracts, agreements, understandings, and’’, ‘‘annual or
other’’, ‘‘of air carriers and other persons’’, and ‘‘preserved as’’ are omitted as surplus. The last sentence is
substituted for 49 App.:1503 (words after 7th comma) to
eliminate unnecessary words and for consistency.

§ 40115. Withholding information
(a) OBJECTIONS TO DISCLOSURE.—(1) A person
may object to the public disclosure of information—
(A) in a record filed under this part; or
(B) obtained under this part by the Secretary of Transportation or State or the
United States Postal Service.
(2) An objection must be in writing and must
state the reasons for the objection. The Secretary of Transportation or State or the Postal
Service shall order the information withheld
from public disclosure when the appropriate
Secretary or the Postal Service decides that disclosure of the information would—
(A) prejudice the United States Government
in preparing and presenting its position in
international negotiations; or

Page 753

TITLE 49—TRANSPORTATION

(B) have an adverse effect on the competitive position of an air carrier in foreign air
transportation.
(b) WITHHOLDING INFORMATION FROM
GRESS.—This section does not authorize

CONinformation to be withheld from a committee of Congress authorized to have the information.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1111.)
HISTORICAL AND REVISION NOTES
Revised
Section
40115 ..........

Source (U.S. Code)
49 App.:1504.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1104, 72 Stat. 797; restated Oct. 24, 1978, Pub.
L. 95–504, § 39, 92 Stat. 1743;
Feb. 15, 1980, Pub. L.
96–192, § 19, 94 Stat. 43.

In subsection (a)(1)(B), the words ‘‘the Secretary of
Transportation or State or the United States Postal
Service’’ are substituted for ‘‘the Board, the Secretary
of State, or the Secretary of Transportation’’ because
under 49 App.:1551 the duties of the Civil Aeronautics
Board were transferred to the Secretary of Transportation and the Postal Service.
In subsection (a)(2), the words ‘‘shall order the information withheld from public disclosure when the appropriate Secretary or the Postal Service decides that
disclosure of the information’’ are substituted for
‘‘shall be withheld from public disclosure by the Board,
the Secretary of State or the Secretary of Transportation’’ for clarity and because of the restatement.
In subsection (b), the words ‘‘The Board, the Secretary of State, or the Secretary of Transportation, as
the case may be, shall be responsible for classified information in accordance with appropriate law’’ are
omitted as surplus.

§ 40116. State taxation
(a) DEFINITION.—In this section, ‘‘State’’ includes the District of Columbia, a territory or
possession of the United States, and a political
authority of at least 2 States.
(b) PROHIBITIONS.—Except as provided in subsection (c) of this section and section 40117 of
this title, a State, a political subdivision of a
State, and any person that has purchased or
leased an airport under section 47134 of this title
may not levy or collect a tax, fee, head charge,
or other charge on—
(1) an individual traveling in air commerce;
(2) the transportation of an individual traveling in air commerce;
(3) the sale of air transportation; or
(4) the gross receipts from that air commerce or transportation.
(c) AIRCRAFT TAKING OFF OR LANDING IN
STATE.—A State or political subdivision of a
State may levy or collect a tax on or related to
a flight of a commercial aircraft or an activity
or service on the aircraft only if the aircraft
takes off or lands in the State or political subdivision as part of the flight.
(d) UNREASONABLE BURDENS AND DISCRIMINATION AGAINST INTERSTATE COMMERCE.—(1) In this
subsection—
(A) ‘‘air carrier transportation property’’
means property (as defined by the Secretary of
Transportation) that an air carrier providing
air transportation owns or uses.
(B) ‘‘assessment’’ means valuation for a
property tax levied by a taxing district.

§ 40116

(C) ‘‘assessment jurisdiction’’ means a geographical area in a State used in determining
the assessed value of property for ad valorem
taxation.
(D) ‘‘commercial and industrial property’’
means property (except transportation property and land used primarily for agriculture or
timber growing) devoted to a commercial or
industrial use and subject to a property tax
levy.
(2)(A) A State, political subdivision of a State,
or authority acting for a State or political subdivision may not do any of the following acts because those acts unreasonably burden and discriminate against interstate commerce:
(i) assess air carrier transportation property
at a value that has a higher ratio to the true
market value of the property than the ratio
that the assessed value of other commercial
and industrial property of the same type in
the same assessment jurisdiction has to the
true market value of the other commercial
and industrial property.
(ii) levy or collect a tax on an assessment
that may not be made under clause (i) of this
subparagraph.
(iii) levy or collect an ad valorem property
tax on air carrier transportation property at a
tax rate greater than the tax rate applicable
to commercial and industrial property in the
same assessment jurisdiction.
(iv) levy or collect a tax, fee, or charge, first
taking effect after August 23, 1994, exclusively
upon any business located at a commercial
service airport or operating as a permittee of
such an airport other than a tax, fee, or charge
wholly utilized for airport or aeronautical purposes.
(B) Subparagraph (A) of this paragraph does
not apply to an in lieu tax completely used for
airport and aeronautical purposes.
(e) OTHER ALLOWABLE TAXES AND CHARGES.—
Except as provided in subsection (d) of this section, a State or political subdivision of a State
may levy or collect—
(1) taxes (except those taxes enumerated in
subsection (b) of this section), including property taxes, net income taxes, franchise taxes,
and sales or use taxes on the sale of goods or
services; and
(2) reasonable rental charges, landing fees,
and other service charges from aircraft operators for using airport facilities of an airport
owned or operated by that State or subdivision.
(f) PAY OF AIR CARRIER EMPLOYEES.—(1) In this
subsection—
(A) ‘‘pay’’ means money received by an employee for services.
(B) ‘‘State’’ means a State of the United
States, the District of Columbia, and a territory or possession of the United States.
(C) an employee is deemed to have earned 50
percent of the employee’s pay in a State or political subdivision of a State in which the
scheduled flight time of the employee in the
State or subdivision is more than 50 percent of
the total scheduled flight time of the employee when employed during the calendar
year.

§ 40117

TITLE 49—TRANSPORTATION

(2) The pay of an employee of an air carrier
having regularly assigned duties on aircraft in
at least 2 States is subject to the income tax
laws of only the following:
(A) the State or political subdivision of the
State that is the residence of the employee.
(B) the State or political subdivision of the
State in which the employee earns more than
50 percent of the pay received by the employee
from the carrier.
(3) Compensation paid by an air carrier to an
employee described in subsection (a) in connection with such employee’s authorized leave or
other authorized absence from regular duties on
the carrier’s aircraft in order to perform services on behalf of the employee’s airline union
shall be subject to the income tax laws of only
the following:
(A) The State or political subdivision of the
State that is the residence of the employee.
(B) The State or political subdivision of the
State in which the employee’s scheduled flight
time would have been more than 50 percent of
the employee’s total scheduled flight time for
the calendar year had the employee been engaged full time in the performance of regularly assigned duties on the carrier’s aircraft.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1111;
Pub. L. 103–305, title I, § 112(e), title II, § 208, Aug.
23, 1994, 108 Stat. 1576, 1588; Pub. L. 104–264, title
I, § 149(b), Oct. 9, 1996, 110 Stat. 3226; Pub. L.
104–287, § 5(66), Oct. 11, 1996, 110 Stat. 3395.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

40116(a) ......

49 App.:1513(d)(2)(E).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1113(d);
added Sept. 3, 1982, Pub.
L. 97–248, § 532(b), 96 Stat.
701.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1113(f); added
Nov. 5, 1990, Pub. L.
101–508, § 9125, 104 Stat.
1388–370.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1113(a);
added June 18, 1973, Pub.
L. 93–44, § 7(a), 87 Stat. 90;
Nov. 5, 1990, Pub. L.
101–508, § 9110(1), 104 Stat.
1388–357.

49 App.:1513(f)
(words in parentheses).
40116(b) ......

49 App.:1513(a).

40116(c) ......

49 App.:1513(f) (less
words in parentheses).
49 App.:1513(d)(1),
(2)(A)–(D), (3).
49 App.:1513(b).

40116(d) ......
40116(e) ......

40116(f)
(1)(A), (B).

49 App.:1512(c).

40116(f)
(1)(C).
40116(f)(2) ...

49 App.:1512(b).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1113(b);
added June 18, 1973, Pub.
L. 93–44, § 7(a), 87 Stat. 90;
Sept. 3, 1982, Pub. L.
97–248, § 532(a), 96 Stat. 701.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1112; added
Dec. 23, 1970, Pub. L.
91–569, § 4(a), 84 Stat. 1502;
restated Feb. 18, 1980, Pub.
L. 96–193, § 402, 94 Stat. 57.

49 App.:1512(a).

Subsection (a) is made applicable to subsections (b)
and (e) of this section to avoid having to repeat the
term being defined. In subsection (a), the words ‘‘Commonwealth of Puerto Rico, the Virgin Islands, Guam’’
are omitted as surplus because of the definition of ‘‘territory or possession of the United States’’ in section
40102(a) of the revised title. The word ‘‘authority’’ is
substituted for ‘‘agencies’’ for consistency in the re-

Page 754

vised title and with other titles of the United States
Code.
In subsection (b), before clause (1), reference to 49
App.:1513(f), restated as subsection (c) of this section, is
added for clarity. The words ‘‘directly or indirectly’’
are omitted as surplus. The text of 49 App.:1513(a)
(words after ‘‘subsection (e) and’’) is omitted as surplus.
In subsections (d)(2)(A), before clause (i), and (f)(1)(C)
and (2), the word ‘‘political’’ is added for consistency in
the revised title and with other titles of the Code.
In subsection (f)(1)(A), the word ‘‘pay’’ is substituted
for ‘‘compensation’’ for consistency in the revised title
and with chapter 55 of title 5, United States Code. The
words ‘‘rendered by the employee in the performance of
his duties and shall include wages and salary’’ are
omitted as surplus.
In subsection (f)(1)(B), the words ‘‘means a State of
the United States’’ are substituted for ‘‘also means’’ for
clarity.
In subsection (f)(1)(C), the words ‘‘of a State’’ are
added for clarity.
In subsection (f)(2), before clause (A), the words ‘‘as
such an employee’’ are omitted as surplus.
PUB. L. 104–287
This amends 49:40116(d)(2)(A)(iv) to conform to the
style of title 49 and to set out the effective date for this
clause.
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–264, in introductory provisions, substituted ‘‘a State, a’’ for ‘‘a State or’’ and
inserted ‘‘, and any person that has purchased or leased
an airport under section 47134 of this title’’ after ‘‘of a
State’’.
Subsec. (d)(2)(A)(iv). Pub. L. 104–287, which directed
substitution of ‘‘August 23, 1994’’ for ‘‘the date of enactment of this clause’’, was executed by making the substitution for ‘‘the date of the enactment of this clause’’
to reflect the probable intent of Congress.
Pub. L. 104–287 substituted ‘‘levy’’ for ‘‘Levy’’.
1994—Subsec. (d)(2)(A)(iv). Pub. L. 103–305, § 112(e),
added cl. (iv).
Subsec. (f)(3). Pub. L. 103–305, § 208, added par. (3).
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 40117. Passenger facility fees
(a) DEFINITIONS.—In this section, the following
definitions apply:
(1) AIRPORT, COMMERCIAL SERVICE AIRPORT,
AND PUBLIC AGENCY.—The terms ‘‘airport’’,
‘‘commercial service airport’’, and ‘‘public
agency’’ have the meaning those terms have
under section 47102.
(2) ELIGIBLE AGENCY.—The term ‘‘eligible
agency’’ means a public agency that controls a
commercial service airport.
(3) ELIGIBLE AIRPORT-RELATED PROJECT.—The
term ‘‘eligible airport-related project’’ means
any of the following projects:
(A) A project for airport development or
airport planning under subchapter I of chapter 471.
(B) A project for terminal development described in section 47110(d).
(C) A project for costs of terminal development referred to in subparagraph (B) incurred after August 1, 1986, at an airport

Page 755

TITLE 49—TRANSPORTATION

that did not have more than .25 percent of
the total annual passenger boardings in the
United States in the most recent calendar
year for which data is available and at which
total passenger boardings declined by at
least 16 percent between calendar year 1989
and calendar year 1997.
(D) A project for airport noise capability
planning under section 47505.
(E) A project to carry out noise compatibility measures eligible for assistance under
section 47504, whether or not a program for
those measures has been approved under section 47504.
(F) A project for constructing gates and related areas at which passengers board or exit
aircraft. In the case of a project required to
enable additional air service by an air carrier with less than 50 percent of the annual
passenger boardings at an airport, the
project for constructing gates and related
areas may include structural foundations
and floor systems, exterior building walls
and load-bearing interior columns or walls,
windows, door and roof systems, building
utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), and aircraft fueling facilities
adjacent to the gate.
(G) A project for converting vehicles and
ground support equipment used at a commercial service airport to low-emission technology (as defined in section 47102) or to use
cleaner burning conventional fuels, retrofitting of any such vehicles or equipment
that are powered by a diesel or gasoline engine with emission control technologies certified or verified by the Environmental Protection Agency to reduce emissions, or acquiring for use at a commercial service airport vehicles and ground support equipment
that include low-emission technology or use
cleaner burning fuels if the airport is located
in an air quality nonattainment area (as defined in section 171(2) of the Clean Air Act
(42 U.S.C. 7501(2))) or a maintenance area referred to in section 175A of such Act (42
U.S.C. 7505a) and if such project will result
in an airport receiving appropriate emission
credits as described in section 47139.
(4) GROUND SUPPORT EQUIPMENT.—The term
‘‘ground support equipment’’ means service
and maintenance equipment used at an airport
to support aeronautical operations and related
activities.
(5) PASSENGER FACILITY FEE.—The term
‘‘passenger facility fee’’ means a fee imposed
under this section.
(6) PASSENGER FACILITY REVENUE.—The term
‘‘passenger facility revenue’’ means revenue
derived from a passenger facility fee.
(b) GENERAL AUTHORITY.—(1) The Secretary of
Transportation may authorize under this section an eligible agency to impose a passenger facility fee of $1, $2, or $3 on each paying passenger of an air carrier or foreign air carrier
boarding an aircraft at an airport the agency
controls to finance an eligible airport-related
project, including making payments for debt
service on indebtedness incurred to carry out

§ 40117

the project, to be carried out in connection with
the airport or any other airport the agency controls.
(2) A State, political subdivision of a State, or
authority of a State or political subdivision that
is not the eligible agency may not regulate or
prohibit the imposition or collection of a passenger facility fee or the use of the passenger facility revenue.
(3) A passenger facility fee may be imposed on
a passenger of an air carrier or foreign air carrier originating or connecting at the commercial service airport that the agency controls.
(4) In lieu of authorizing a fee under paragraph
(1), the Secretary may authorize under this section an eligible agency to impose a passenger facility fee of $4.00 or $4.50 on each paying passenger of an air carrier or foreign air carrier
boarding an aircraft at an airport the agency
controls to finance an eligible airport-related
project, including making payments for debt
service on indebtedness incurred to carry out
the project, if the Secretary finds—
(A) in the case of an airport that has more
than .25 percent of the total number of annual
boardings in the United States, that the
project will make a significant contribution to
improving air safety and security, increasing
competition among air carriers, reducing current or anticipated congestion, or reducing the
impact of aviation noise on people living near
the airport; and
(B) that the project cannot be paid for from
funds reasonably expected to be available for
the programs referred to in section 48103.
(5) MAXIMUM COST FOR CERTAIN LOW-EMISSION
TECHNOLOGY PROJECTS.—The maximum cost that
may be financed by imposition of a passenger facility fee under this section for a project described in subsection (a)(3)(G) with respect to a
vehicle or ground support equipment may not
exceed the incremental amount of the project
cost that is greater than the cost of acquiring a
vehicle or equipment that is not low-emission
and would be used for the same purpose, or the
cost of low-emission retrofitting, as determined
by the Secretary.
(6) DEBT SERVICE FOR CERTAIN PROJECTS.—In
addition to the uses specified in paragraphs (1)
and (4), the Secretary may authorize a passenger
facility fee imposed under paragraph (1) or (4) to
be used for making payments for debt service on
indebtedness incurred to carry out at the airport
a project that is not an eligible airport-related
project if the Secretary determines that such
use is necessary due to the financial need of the
airport.
(7) NOISE MITIGATION FOR CERTAIN SCHOOLS.—
(A) IN GENERAL.—In addition to the uses
specified in paragraphs (1), (4), and (6), the
Secretary may authorize a passenger facility
fee imposed under paragraph (1) or (4) at a
large hub airport that is the subject of an
amended judgment and final order in condemnation filed on January 7, 1980, by the Superior Court of the State of California for the
county of Los Angeles, to be used for a project
to carry out noise mitigation for a building, or
for the replacement of a relocatable building
with a permanent building, in the noise impacted area surrounding the airport at which

§ 40117

TITLE 49—TRANSPORTATION

such building is used primarily for educational
purposes, notwithstanding the air easement
granted or any terms to the contrary in such
judgment and final order, if—
(i) the Secretary determines that the
building is adversely affected by airport
noise;
(ii) the building is owned or chartered by
the school district that was the plaintiff in
case number 986,442 or 986,446, which was resolved by such judgment and final order;
(iii) the project is for a school identified in
1 of the settlement agreements effective
February 16, 2005, between the airport and
each of the school districts;
(iv) in the case of a project to replace a relocatable building with a permanent building, the eligible project costs are limited to
the actual structural construction costs necessary to mitigate aircraft noise in instructional classrooms to an interior noise level
meeting current standards of the Federal
Aviation Administration; and
(v) the project otherwise meets the requirements of this section for authorization
of a passenger facility fee.
(B) ELIGIBLE PROJECT COSTS.—In subparagraph (A)(iv), the term ‘‘eligible project costs’’
means the difference between the cost of
standard school construction and the cost of
construction necessary to mitigate classroom
noise to the standards of the Federal Aviation
Administration.
(c) APPLICATIONS.—(1) An eligible agency must
submit to the Secretary an application for authority to impose a passenger facility fee. The
application shall contain information and be in
the form that the Secretary may require by regulation.
(2) Before submitting an application, the eligible agency must provide reasonable notice to,
and an opportunity for consultation with, air
carriers and foreign air carriers operating at the
airport. The Secretary shall prescribe regulations that define reasonable notice and contain
at least the following requirements:
(A) The agency must provide written notice
of individual projects being considered for financing by a passenger facility fee and the
date and location of a meeting to present the
projects to air carriers and foreign air carriers
operating at the airport.
(B) Not later than 30 days after written notice is provided under subparagraph (A) of this
paragraph, each air carrier and foreign air carrier operating at the airport must provide to
the agency written notice of receipt of the notice. Failure of a carrier to provide the notice
may be deemed certification of agreement
with the project by the carrier under subparagraph (D) of this paragraph.
(C) Not later than 45 days after written notice is provided under subparagraph (A) of this
paragraph, the agency must conduct a meeting to provide air carriers and foreign air carriers with descriptions of projects and justifications and a detailed financial plan for
projects.
(D) Not later than 30 days after the meeting,
each air carrier and foreign air carrier must

Page 756

provide to the agency certification of agreement or disagreement with projects (or total
plan for the projects). Failure to provide the
certification is deemed certification of agreement with the project by the carrier. A certification of disagreement is void if it does not
contain the reasons for the disagreement.
(E) The agency must include in its application or notice submitted under subparagraph
(A) copies of all certifications of agreement or
disagreement received under subparagraph
(D).
(F) For the purpose of this section, an eligible agency providing notice and an opportunity for consultation to an air carrier or foreign air carrier is deemed to have satisfied the
requirements of this paragraph if the eligible
agency limits such notices and consultations
to air carriers and foreign air carriers that
have a significant business interest at the airport. In the subparagraph, the term ‘‘significant business interest’’ means an air carrier or
foreign air carrier that had no less than 1.0
percent of passenger boardings at the airport
in the prior calendar year, had at least 25,000
passenger boardings at the airport in the prior
calendar year, or provides scheduled service at
the airport.
(3) Before submitting an application, the eligible agency must provide reasonable notice and
an opportunity for public comment. The Secretary shall prescribe regulations that define
reasonable notice and provide for at least the
following under this paragraph:
(A) A requirement that the eligible agency
provide public notice of intent to collect a passenger facility fee so as to inform those interested persons and agencies that may be affected. The public notice may include—
(i) publication in local newspapers of general circulation;
(ii) publication in other local media; and
(iii) posting the notice on the agency’s
Internet website.
(B) A requirement for submission of public
comments no sooner than 30 days, and no later
than 45 days, after the date of the publication
of the notice.
(C) A requirement that the agency include in
its application or notice submitted under subparagraph (A) copies of all comments received
under subparagraph (B).
(4) After receiving an application, the Secretary may provide notice and an opportunity to
air carriers, foreign air carriers, and other interested persons to comment on the application.
The Secretary shall make a final decision on the
application not later than 120 days after receiving it.
(d) LIMITATIONS ON APPROVING APPLICATIONS.—
The Secretary may approve an application that
an eligible agency has submitted under subsection (c) of this section to finance a specific
project only if the Secretary finds, based on the
application, that—
(1) the amount and duration of the proposed
passenger facility fee will result in revenue
(including interest and other returns on the
revenue) that is not more than the amount
necessary to finance the specific project;

Page 757

TITLE 49—TRANSPORTATION

(2) each project is an eligible airport-related
project that will—
(A) preserve or enhance capacity, safety,
or security of the national air transportation system;
(B) reduce noise resulting from an airport
that is part of the system; or
(C) provide an opportunity for enhanced
competition between or among air carriers
and foreign air carriers;
(3) the application includes adequate justification for each of the specific projects; and
(4) in the case of an application to impose a
fee of more than $3.00 for an eligible surface
transportation or terminal project, the agency
has made adequate provision for financing the
airside needs of the airport, including runways, taxiways, aprons, and aircraft gates.
(e) LIMITATIONS ON IMPOSING FEES.—(1) An eligible agency may impose a passenger facility fee
only—
(A) if the Secretary approves an application
that the agency has submitted under subsection (c) of this section; and
(B) subject to terms the Secretary may prescribe to carry out the objectives of this section.
(2) A passenger facility fee may not be collected from a passenger—
(A) for more than 2 boardings on a one-way
trip or a trip in each direction of a round trip;
(B) for the boarding to an eligible place
under subchapter II of chapter 417 of this title
for which essential air service compensation is
paid under subchapter II;
(C) enplaning at an airport if the passenger
did not pay for the air transportation which
resulted in such enplanement, including any
case in which the passenger obtained the ticket for the air transportation with a frequent
flier award coupon without monetary payment;
(D) on flights, including flight segments, between 2 or more points in Hawaii;
(E) in Alaska aboard an aircraft having a
seating capacity of less than 60 passengers;
and
(F) enplaning at an airport if the passenger
did not pay for the air transportation which
resulted in such enplanement due to charter
arrangements and payment by the Department
of Defense.
(f) LIMITATIONS ON CONTRACTS, LEASES, AND
USE AGREEMENTS.—(1) A contract between an air
carrier or foreign air carrier and an eligible
agency made at any time may not impair the
authority of the agency to impose a passenger
facility fee or to use the passenger facility revenue as provided in this section.
(2) A project financed with a passenger facility
fee may not be subject to an exclusive long-term
lease or use agreement of an air carrier or foreign air carrier, as defined by regulations of the
Secretary.
(3) A lease or use agreement of an air carrier
or foreign air carrier related to a project whose
construction or expansion was financed with a
passenger facility fee may not restrict the eligible agency from financing, developing, or assign-

§ 40117

ing new capacity at the airport with passenger
facility revenue.
(g) TREATMENT OF REVENUE.—(1) Passenger facility revenue is not airport revenue for purposes of establishing a price under a contract between an eligible agency and an air carrier or
foreign air carrier.
(2) An eligible agency may not include in its
price base the part of the capital costs of a
project paid for by using passenger facility revenue to establish a price under a contract between the agency and an air carrier or foreign
air carrier.
(3) For a project for terminal development,
gates and related areas, or a facility occupied or
used by at least one air carrier or foreign air
carrier on an exclusive or preferential basis, a
price payable by an air carrier or foreign air carrier using the facilities must at least equal the
price paid by an air carrier or foreign air carrier
using a similar facility at the airport that was
not financed with passenger facility revenue.
(4) Passenger facility revenues that are held
by an air carrier or an agent of the carrier after
collection of a passenger facility fee constitute
a trust fund that is held by the air carrier or
agent for the beneficial interest of the eligible
agency imposing the fee. Such carrier or agent
holds neither legal nor equitable interest in the
passenger facility revenues except for any handling fee or retention of interest collected on
unremitted proceeds as may be allowed by the
Secretary.
(h) COMPLIANCE.—(1) As necessary to ensure
compliance with this section, the Secretary
shall prescribe regulations requiring recordkeeping and auditing of accounts maintained by
an air carrier or foreign air carrier and its agent
collecting a passenger facility fee and by the eligible agency imposing the fee.
(2) The Secretary periodically shall audit and
review the use by an eligible agency of passenger facility revenue. After review and a public hearing, the Secretary may end any part of
the authority of the agency to impose a passenger facility fee to the extent the Secretary
decides that the revenue is not being used as
provided in this section.
(3) The Secretary may set off amounts necessary to ensure compliance with this section
against amounts otherwise payable to an eligible agency under subchapter I of chapter 471 of
this title if the Secretary decides a passenger facility fee is excessive or that passenger facility
revenue is not being used as provided in this section.
(i) REGULATIONS.—The Secretary shall prescribe regulations necessary to carry out this
section. The regulations—
(1) may prescribe the time and form by
which a passenger facility fee takes effect;
(2) shall—
(A) require an air carrier or foreign air
carrier and its agent to collect a passenger
facility fee that an eligible agency imposes
under this section;
(B) establish procedures for handling and
remitting money collected;
(C) ensure that the money, less a uniform
amount the Secretary determines reflects
the average necessary and reasonable ex-

§ 40117

TITLE 49—TRANSPORTATION

penses (net of interest accruing to the carrier and agent after collection and before remittance) incurred in collecting and handling the fee, is paid promptly to the eligible
agency for which they are collected; and
(D) require that the amount collected for
any air transportation be noted on the ticket for that air transportation; and
(3) may permit an eligible agency to request
that collection of a passenger facility fee be
waived for—
(A) passengers enplaned by any class of air
carrier or foreign air carrier if the number of
passengers enplaned by the carriers in the
class constitutes not more than one percent
of the total number of passengers enplaned
annually at the airport at which the fee is
imposed; or
(B) passengers enplaned on a flight to an
airport—
(i) that has fewer than 2,500 passenger
boardings each year and receives scheduled
passenger service; or
(ii) in a community which has a population of less than 10,000 and is not connected by a land highway or vehicular way
to the land-connected National Highway
System within a State.
(j) LIMITATION ON CERTAIN ACTIONS.—A State,
political subdivision of a State, or authority of
a State or political subdivision that is not the
eligible agency may not tax, regulate, or prohibit or otherwise attempt to control in any
manner, the imposition or collection of a passenger facility fee or the use of the revenue from
the passenger facility fee.
(k) COMPETITION PLANS.—
(1) IN GENERAL.—Beginning in fiscal year
2001, no eligible agency may impose a passenger facility fee under this section with respect to a covered airport (as such term is defined in section 47106(f)) unless the agency has
submitted to the Secretary a written competition plan in accordance with such section.
This subsection does not apply to passenger facility fees in effect before the date of the enactment of this subsection.
(2) SECRETARY SHALL ENSURE IMPLEMENTATION AND COMPLIANCE.—The Secretary shall review any plan submitted under paragraph (1)
to ensure that it meets the requirements of
this section, and shall review its implementation from time-to-time to ensure that each
covered airport successfully implements its
plan.
(l) PILOT PROGRAM FOR PASSENGER FACILITY
FEE AUTHORIZATIONS AT NONHUB AIRPORTS.—
(1) IN GENERAL.—The Secretary shall establish a pilot program to test alternative procedures for authorizing eligible agencies for
nonhub airports to impose passenger facility
fees. An eligible agency may impose in accordance with the provisions of this subsection a
passenger facility fee under this section. For
purposes of the pilot program, the procedures
in this subsection shall apply instead of the
procedures otherwise provided in this section.
(2) NOTICE AND OPPORTUNITY FOR CONSULTATION.—The eligible agency must provide reasonable notice and an opportunity for con-

Page 758

sultation to air carriers and foreign air carriers in accordance with subsection (c)(2) and
must provide reasonable notice and opportunity for public comment in accordance with
subsection (c)(3).
(3) NOTICE OF INTENTION.—The eligible agency must submit to the Secretary a notice of
intention to impose a passenger facility fee
under this subsection. The notice shall include—
(A) information that the Secretary may
require by regulation on each project for
which authority to impose a passenger facility fee is sought;
(B) the amount of revenue from passenger
facility fees that is proposed to be collected
for each project; and
(C) the level of the passenger facility fee
that is proposed.
(4) ACKNOWLEDGEMENT OF RECEIPT AND INDICATION OF OBJECTION.—The Secretary shall acknowledge receipt of the notice and indicate
any objection to the imposition of a passenger
facility fee under this subsection for any
project identified in the notice within 30 days
after receipt of the eligible agency’s notice.
(5) AUTHORITY TO IMPOSE FEE.—Unless the
Secretary objects within 30 days after receipt
of the eligible agency’s notice, the eligible
agency is authorized to impose a passenger facility fee in accordance with the terms of its
notice under this subsection.
(6) REGULATIONS.—Not later than 180 days
after the date of enactment of this subsection,
the Secretary shall propose such regulations
as may be necessary to carry out this subsection.
(7) SUNSET.—This subsection shall cease to
be effective beginning on April 1, 2010.
(8) ACKNOWLEDGEMENT NOT AN ORDER.—An
acknowledgement issued under paragraph (4)
shall not be considered an order issued by the
Secretary for purposes of section 46110.
(m) FINANCIAL MANAGEMENT OF FEES.—
(1) HANDLING OF FEES.—A covered air carrier
shall segregate in a separate account passenger facility revenue equal to the average
monthly liability for fees collected under this
section by such carrier or any of its agents for
the benefit of the eligible agencies entitled to
such revenue.
(2) TRUST FUND STATUS.—If a covered air carrier or its agent fails to segregate passenger
facility revenue in violation of the subsection,
the trust fund status of such revenue shall not
be defeated by an inability of any party to
identify and trace the precise funds in the accounts of the air carrier.
(3) PROHIBITION.—A covered air carrier and
its agents may not grant to any third party
any security or other interest in passenger facility revenue.
(4) COMPENSATION TO ELIGIBLE ENTITIES.—A
covered air carrier that fails to comply with
any requirement of this subsection, or otherwise unnecessarily causes an eligible entity to
expend funds, through litigation or otherwise,
to recover or retain payment of passenger facility revenue to which the eligible entity is
otherwise entitled shall be required to com-

Page 759

pensate the eligible agency for the costs so incurred.
(5) INTEREST ON AMOUNTS.—A covered air carrier that collects passenger facility fees is entitled to receive the interest on passenger facility fee accounts if the accounts are established and maintained in compliance with this
subsection.
(6) EXISTING REGULATIONS.—The provisions of
section 158.49 of title 14, Code of Federal Regulations, that permit the commingling of passenger facility fees with other air carrier revenue shall not apply to a covered air carrier.
(7) COVERED AIR CARRIER DEFINED.—In this
section, the term ‘‘covered air carrier’’ means
an air carrier that files for chapter 7 or chapter 11 of title 11 bankruptcy protection, or has
an involuntary chapter 7 of title 11 bankruptcy proceeding commenced against it, after
the date of enactment of this subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1113;
Pub. L. 103–305, title II, §§ 203, 204(a)(1), (b), Aug.
23, 1994, 108 Stat. 1582, 1583; Pub. L. 104–264, title
I, § 142(b)(2), title XII, § 1202, Oct. 9, 1996, 110 Stat.
3221, 3280; Pub. L. 104–287, § 5(67), Oct. 11, 1996, 110
Stat. 3395; Pub. L. 106–181, title I, §§ 105(a), (b),
135(a), (b), 151, 152(a), 155(c), Apr. 5, 2000, 114 Stat.
71, 83, 86–88; Pub. L. 108–176, title I, §§ 121(a)–(c),
122–123(d), 124, Dec. 12, 2003, 117 Stat. 2499–2502;
Pub. L. 110–253, § 3(c)(1), June 30, 2008, 122 Stat.
2417; Pub. L. 110–330, § 5(a), Sept. 30, 2008, 122
Stat. 3718; Pub. L. 110–337, § 1, Oct. 2, 2008, 122
Stat. 3729; Pub. L. 111–12, § 5(a), Mar. 30, 2009, 123
Stat. 1458; Pub. L. 111–69, § 5(a), Oct. 1, 2009, 123
Stat. 2055; Pub. L. 111–116, § 5(a), Dec. 16, 2009, 123
Stat. 3032.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

40117(a)(1) ..

49 App.:1513(e)
(15)(A), (B), (D).

40117(a)(2) ..
40117(a)(3) ..

(no source).
49 App.:1513(e)
(15)(C).
(no source).

40117(a)(4),
(5).
40117(b)(1) ..
40117(b)(2) ..
40117(b)(3) ..
40117(c)(1),
(2).
40117(c)(3) ..
40117(d) ......
40117(e)
(1)(A).
40117(e)
(1)(B).
40117(e)
(2)(A).
40117(e)
(2)(B).
40117(e)
(2)(C).

40117(f)(1) ...
40117(f)(2),
(3).
40117(g) ......

§ 40117

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1113(e)(1)–(3),
(5)–(15); added Nov. 5, 1990,
Pub. L. 101–508, § 9110(2),
104 Stat. 1388–357.

49 App.:1513(e)(1).
49 App.:1513(e)(8)
(1st sentence).
49 App.:1513(e)(6)
(1st sentence).
49 App.:1513(e)
(11)(A)–(C).
49 App.:1513(e)
(11)(D), (E) (last
sentence).
49 App.:1513(e)(2),
(5).
49 App.:1513(e)
(11)(E) (1st sentence).
49 App.:1513(e)(13).

49 App.:1513(e)(8)
(last sentence).
49 App.:1513(e)(9).
49 App.:1513(e)(7).

Revised
Section
40117(h) ......
40117(i) .......

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1513(e)(12).
49 App.:1513(e)(10),
(14).

In subsection (a), before clause (1), the text of 49
App.:1513(e)(15)(A) is omitted for clarity and because
the terms ‘‘air carrier’’ and ‘‘foreign air carrier’’ are
used the first time they appear in each subsection. The
text of 49 App.:1513(e)(15)(D) is omitted because the
complete name of the Secretary of Transportation is
used the first time the term appears in this section.
Clauses (2), (4), and (5) are added to avoid repeating the
source provisions throughout this section. In clause
(3)(D), the words ‘‘without regard to’’ are omitted as
surplus.
In subsection (b)(1), the words ‘‘bonds and other’’ are
omitted as surplus.
In subsection (b)(2), the word ‘‘limit’’ is omitted as
being included in ‘‘regulate’’.
In subsection (d), before clause (1), the text of 49
App.:1513(e)(5) is omitted as executed. The words ‘‘approve an application that an eligible agency has submitted under subsection (c) of this section’’ are substituted for ‘‘grant a public agency which controls a
commercial service airport authority to impose a fee
under this subsection’’ for clarity.
In subsection (e)(1)(B), the words ‘‘and conditions’’
are omitted as being included in ‘‘terms’’.
Subsection
(e)(2)(A)
is
substituted
for
49
App.:1513(e)(6) (last sentence) to eliminate unnecessary
words.
In subsection (e)(2)(B), the words ‘‘a public agency
which controls any other airport’’, ‘‘If a passenger of an
air carrier is being provided air service’’, and ‘‘with respect to such air service’’ are omitted as surplus.
In subsection (f)(3), the words ‘‘financed with’’ are
substituted for ‘‘carried out through the use of’’ for
consistency in this section and to eliminate unnecessary words.
In subsection (g), the word ‘‘price’’ is substituted for
‘‘rate, fee, or charge’’ and ‘‘rates, fees, and charges’’ to
eliminate unnecessary words.
In subsection (g)(2), the words ‘‘Except as provided by
subparagraph (C)’’ and ‘‘by means of depreciation, amortization, or any other method’’ are omitted as surplus.
In subsection (h)(1), the word ‘‘agent’’ is substituted
for ‘‘agency’’ to correct an error in the source provisions.
In subsection (i), before clause (1), the words ‘‘Not
later than May 4, 1991’’ are omitted as obsolete.
PUB. L. 104–287
This repeals 49:40117(e)(2)(C) to eliminate an executed
provision and makes conforming amendments.
REFERENCES IN TEXT
The date of the enactment of this subsection, referred
to in subsec. (k)(1), is the date of enactment of Pub. L.
106–181, which was approved Apr. 5, 2000.
The date of enactment of this subsection, referred to
in subsecs. (l)(6) and (m)(7), is the date of enactment of
Pub. L. 108–176, which was approved Dec. 12, 2003.

49 App.:1513(e)(6)
(last sentence).
49 App.:1513(e)(3).
49 App.:1513(e)(4).

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272

AMENDMENTS
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1113(e)(4);
added Nov. 5, 1990, Pub. L.
101–508, § 9110(2), 104 Stat.
1388–357; Oct. 31, 1992, Pub.
L. 102–581, § 105, 106 Stat.
4877.

2009—Subsec. (l)(7). Pub. L. 111–116 substituted ‘‘April
1, 2010.’’ for ‘‘January 1, 2010.’’
Pub. L. 111–69 substituted ‘‘January 1, 2010.’’ for ‘‘October 1, 2009.’’
Pub. L. 111–12 substituted ‘‘October 1, 2009.’’ for
‘‘April 1, 2009.’’
2008—Subsec. (b)(7). Pub. L. 110–337 added par. (7).
Subsec. (l)(7). Pub. L. 110–330 substituted ‘‘April 1,
2009’’ for ‘‘September 30, 2008’’.

§ 40117

TITLE 49—TRANSPORTATION

Pub. L. 110–253 substituted ‘‘September 30, 2008’’ for
‘‘the date that is 3 years after the date of issuance of
regulations to carry out this subsection’’.
2003—Subsec. (a)(3)(C). Pub. L. 108–176, § 123(d), substituted ‘‘A project for costs’’ for ‘‘for costs’’ and a period for the semicolon at end.
Subsec. (a)(3)(G). Pub. L. 108–176, § 121(a), added subpar. (G).
Subsec. (a)(4) to (6). Pub. L. 108–176, § 121(c), added
par. (4) and redesignated former pars. (4) and (5) as (5)
and (6), respectively.
Subsec. (b)(5). Pub. L. 108–176, § 121(b), added par. (5).
Subsec. (b)(6). Pub. L. 108–176, § 122, added par. (6).
Subsec. (c)(2)(E), (F). Pub. L. 108–176, § 123(a)(1), added
subpars. (E) and (F).
Subsec. (c)(3), (4). Pub. L. 108–176, § 123(a)(2)–(4), added
par. (3), redesignated former par. (3) as (4), and substituted ‘‘may’’ for ‘‘shall’’ in first sentence of par. (4).
Subsec. (e)(2)(C). Pub. L. 108–176, § 123(c)(1), substituted a semicolon for period at end.
Subsec. (e)(2)(F). Pub. L. 108–176, § 123(c)(2)–(4), added
subpar. (F).
Subsec. (l). Pub. L. 108–176, § 123(b), added subsec. (l).
Subsec. (m). Pub. L. 108–176, § 124, added subsec. (m).
2000—Subsec. (a). Pub. L. 106–181, § 151, amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘In this section—
‘‘(1) ‘airport’, ‘commercial service airport’, and
‘public agency’ have the same meanings given those
terms in section 47102 of this title.
‘‘(2) ‘eligible agency’ means a public agency that
controls a commercial service airport.
‘‘(3) ‘eligible airport-related project’ means a
project—
‘‘(A) for airport development or airport planning
under subchapter I of chapter 471 of this title;
‘‘(B) for terminal development described in section 47110(d) of this title;
‘‘(C) for airport noise capability planning under
section 47505 of this title;
‘‘(D) to carry out noise compatibility measures
eligible for assistance under section 47504 of this
title, whether or not a program for those measures
has been approved under section 47504; and
‘‘(E) for constructing gates and related areas at
which passengers board or exit aircraft.
‘‘(4) ‘passenger facility fee’ means a fee imposed
under this section.
‘‘(5) ‘passenger facility revenue’ means revenue derived from a passenger facility fee.’’
Subsec. (a)(3)(C) to (F). Pub. L. 106–181, § 152(a), added
subpar. (C) and redesignated former subpars. (C) to (E)
as (D) to (F), respectively.
Subsec. (b)(4). Pub. L. 106–181, § 105(a), added par. (4).
Subsec. (d)(4). Pub. L. 106–181, § 105(b), added par. (4).
Subsec. (e)(2)(D), (E). Pub. L. 106–181, § 135(a), added
subpars. (D) and (E).
Subsec. (i)(3). Pub. L. 106–181, § 135(b)(1)–(3), added par.
(3).
Subsec. (j). Pub. L. 106–181, § 135(b)(4), added subsec.
(j).
Subsec. (k). Pub. L. 106–181, § 155(c), added subsec. (k).
1996—Subsec. (a)(3)(D) to (F). Pub. L. 104–264,
§ 142(b)(2), inserted ‘‘and’’ at end of subpar. (D), substituted a period for ‘‘; and’’ at end of subpar. (E), and
struck out subpar. (F) which read as follows: ‘‘in addition to projects eligible under subparagraph (A), the
construction, reconstruction, repair, or improvement of
areas of an airport used for the operation of aircraft or
actions to mitigate the environmental effects of such
construction, reconstruction, repair, or improvement
when the construction, reconstruction, repair, improvement, or action is necessary for compliance with the
responsibilities of the operator or owner of the airport
under the Americans with Disabilities Act of 1990, the
Clean Air Act, or the Federal Water Pollution Control
Act with respect to the airport.’’
Subsec. (e)(2)(B) to (D). Pub. L. 104–287 inserted ‘‘and’’
at end of subpar. (B), redesignated subpar. (D) as (C),
and struck out former subpar. (C) which read as fol-

Page 760

lows: ‘‘for a project the Secretary does not approve
under this section before October 1, 1993, if, during the
fiscal year ending September 30, 1993, the amount available for obligation under subchapter II of chapter 417 of
this title is less than $38,600,000, except that this
clause—
‘‘(i) does not apply if the amount available for obligation under subchapter II of chapter 417 of this title
is less than $38,600,000 because of sequestration or
other general appropriations reductions applied proportionately to appropriations accounts throughout
an appropriation law; and
‘‘(ii) does not affect the authority of the Secretary
to approve the imposition of a fee or the use of revenues, derived from a fee imposed under an approval
made under this section, by a public agency that has
received an approval to impose a fee under this section before September 30, 1993, regardless of whether
the fee is being imposed on September 30, 1993; and’’.
Subsec. (g)(4). Pub. L. 104–264, § 1202, added par. (4).
1994—Subsec. (a)(3)(F). Pub. L. 103–305, § 203, added
subpar. (F).
Subsec. (d)(3). Pub. L. 103–305, § 204(b), added par. (3).
Subsec. (e)(2)(D). Pub. L. 103–305, § 204(a)(1), added subpar. (D).
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–116, § 5(j), Dec. 16, 2009, 123 Stat. 3032, provided that: ‘‘The amendments made by this section
[amending this section and sections 44302, 44303, 47107,
47115, 47141, and 49108 of this title and provisions set out
as a note under section 47109 of this title] shall take effect on January 1, 2010.’’
Pub. L. 111–69, § 5(l), Oct. 1, 2009, 123 Stat. 2055, provided that: ‘‘The amendments made by this section
[amending this section and sections 41743, 44302, 44303,
47107, 47115, 47141, and 49108 of this title and provisions
set out as notes under sections 41731 and 47109 of this
title] shall take effect on October 1, 2009.’’
Pub. L. 111–12, § 5(j), Mar. 30, 2009, 123 Stat. 1458, provided that: ‘‘The amendments made by this section
[amending this section and sections 44302, 44303, 47107,
47115, 47141, and 49108 of this title and provisions set out
as a note under section 47109 of this title] shall take effect on April 1, 2009.’’
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–330, § 5(l), Sept. 30, 2008, 122 Stat. 3719, provided that: ‘‘The amendments made by this section
[amending this section and sections 41743, 44302, 44303,
47107, 47115, 47141, and 49108 of this title and provisions
set out as notes under sections 41731 and 47109 of this
title] shall take effect on October 1, 2008.’’
Amendment by Pub. L. 110–253 effective July 1, 2008,
see section 3(d) of Pub. L. 110–253, set out as a note
under section 9502 of Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
GUIDANCE
Pub. L. 108–176, title I, § 121(d), Dec. 12, 2003, 117 Stat.
2500, provided that: ‘‘The Secretary, in consultation

Page 761

§ 40118

TITLE 49—TRANSPORTATION

with the Administrator of the Environmental Protection Agency, shall issue guidance determining eligibility of projects, and how benefits to air quality must
be demonstrated, under the amendments made by this
section [amending this section].’’
ELIGIBILITY OF AIRPORT GROUND ACCESS
TRANSPORTATION PROJECTS
Pub. L. 108–176, title I, § 123(e), Dec. 12, 2003, 117 Stat.
2502, provided that: ‘‘Not later than 60 days after the
enactment of this Act [Dec. 12, 2003], the Administrator
of the Federal Aviation Administration shall publish in
the Federal Register the current policy of the Administration, consistent with current law, with respect to
the eligibility of airport ground access transportation
projects for the use of passenger facility fees under section 40117 of title 49, United States Code.’’
COMPETITION PLANS
Pub. L. 106–181, title I, § 155(a), Apr. 5, 2000, 114 Stat.
88, provided that: ‘‘The Congress makes the following
findings:
‘‘(1) Major airports must be available on a reasonable basis to all air carriers wishing to serve those
airports.
‘‘(2) 15 large hub airports today are each dominated
by one air carrier, with each such carrier controlling
more than 50 percent of the traffic at the hub.
‘‘(3) The General Accounting Office [now Government Accountability Office] has found that such levels of concentration lead to higher air fares.
‘‘(4) The United States Government must take
every step necessary to reduce those levels of concentration.
‘‘(5) Consistent with air safety, spending at these
airports must be directed at providing opportunities
for carriers wishing to serve such facilities on a commercially viable basis.’’
LIMITATION ON STATUTORY CONSTRUCTION OF
SUBSECTION (e)(2)(D)
Section 204(a)(2) of Pub. L. 103–305 provided that:
‘‘The amendment made by paragraph (1) [amending this
section] shall not be construed as requiring any person
to refund any fee paid before the date of the enactment
of this Act [Aug. 23, 1994].’’

§ 40118. Government-financed air transportation
(a) TRANSPORTATION BY AIR CARRIERS HOLDING
CERTIFICATES.—A department, agency, or instrumentality of the United States Government
shall take necessary steps to ensure that the
transportation of passengers and property by air
is provided by an air carrier holding a certificate under section 41102 of this title if—
(1) the department, agency, or instrumentality—
(A) obtains the transportation for itself or
in carrying out an arrangement under which
payment is made by the Government or payment is made from amounts provided for the
use of the Government; or
(B) provides the transportation to or for a
foreign country or international or other organization without reimbursement;
(2) the transportation is authorized by the
certificate or by regulation or exemption of
the Secretary of Transportation; and
(3) the air carrier is—
(A) available, if the transportation is between a place in the United States and a
place outside the United States; or
(B) reasonably available, if the transportation is between 2 places outside the United
States.

(b) TRANSPORTATION BY FOREIGN
RIERS.—This section does not preclude

AIR CARthe transportation of passengers and property by a foreign air carrier if the transportation is provided
under a bilateral or multilateral air transportation agreement to which the Government and
the government of a foreign country are parties
if the agreement—
(1) is consistent with the goals for international aviation policy of section 40101(e) of
this title; and
(2) provides for the exchange of rights or
benefits of similar magnitude.

(c) PROOF.—The Administrator of General
Services shall prescribe regulations under which
agencies may allow the expenditure of an appropriation for transportation in violation of this
section only when satisfactory proof is presented showing the necessity for the transportation.
(d) CERTAIN TRANSPORTATION BY AIR OUTSIDE
THE
UNITED STATES.—Notwithstanding subsections (a) and (c) of this section, any amount
appropriated to the Secretary of State or the
Administrator of the Agency for International
Development may be used to pay for the transportation of an officer or employee of the Department of State or one of those agencies, a dependent of the officer or employee, and accompanying baggage, by a foreign air carrier when
the transportation is between 2 places outside
the United States.
(e) RELATIONSHIP TO OTHER LAWS.—This section does not affect the application of the antidiscrimination provisions of this part.
(f) PROHIBITION OF CERTIFICATION OR CONTRACT
CLAUSE.—(1) No certification by a contractor,
and no contract clause, may be required in the
case of a contract for the transportation of commercial items in order to implement a requirement in this section.
(2) In paragraph (1), the term ‘‘commercial
item’’ has the meaning given such term in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)), except that it shall
not include a contract for the transportation by
air of passengers.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1116;
Pub. L. 103–355, title VIII, § 8301(h), Oct. 13, 1994,
108 Stat. 3398; Pub. L. 104–287, § 5(68), Oct. 11,
1996, 110 Stat. 3395; Pub. L. 104–316, title I,
§ 127(d), Oct. 19, 1996, 110 Stat. 3840; Pub. L.
105–277, div. G, subdiv. A, title XII, § 1225(h), title
XIII, § 1335(p), title XIV, § 1422(b)(6), Oct. 21, 1998,
112 Stat. 2681–775, 2681–789, 2681–793; Pub. L.
108–176, title VIII, § 806, Dec. 12, 2003, 117 Stat.
2588.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
40118(a) ......

Source (U.S. Code)
49 App.:1517(a), (b).

49 App.:1551(b)(1)(E).

40118(b) ......

49 App.:1517(c).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1117; added
Jan. 3, 1975, Pub. L. 93–623,
§ 5(a), 88 Stat. 2104; restated Feb. 15, 1980, Pub.
L. 96–192, § 21, 94 Stat. 43.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

§ 40119

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section
40118(c) ......
40118(d) ......
40118(e) ......

Source (U.S. Code)
49 App.:1517(d) (1st
sentence).
49 App.:1518.

Source (Statutes at Large)

Oct. 7, 1978, Pub. L. 95–426,
§ 706, 92 Stat. 992.

49 App.:1517(d) (last
sentence).

In this section, the word ‘‘passengers’’ is substituted
for ‘‘persons’’ for consistency in the revised title. The
words ‘‘(and their personal effects)’’ are omitted as
being included in ‘‘property’’.
In subsection (a), before clause (1), the words ‘‘Except
as provided in subsection (c) of this section’’ are omitted as surplus. The words ‘‘department, agency, or instrumentality’’ are substituted for ‘‘agency’’ for consistency in the revised title and with other titles of the
United States Code. The words ‘‘or agencies’’ are omitted because of 1:1. In clause (1), before subclause (A),
the words ‘‘executive’’ and ‘‘other’’ are omitted as surplus. In subclause (A), the words ‘‘procure, contract for,
or otherwise’’ are omitted as surplus. The words ‘‘for
itself or in carrying out an arrangement under which
payment is made by the Government or payment is
made from amounts provided for the use of the Government’’ are substituted for ‘‘in furtherance of the purposes or pursuant to the terms of any contract, agreement, or other special arrangement made or entered
into under which payment is made by the United
States or payment is made from funds appropriated,
owned, controlled, granted, or conditionally granted or
utilized by or otherwise’’ for clarity and to eliminate
unnecessary words. In subclause (B), the word ‘‘country’’ is substituted for ‘‘nation’’ for consistency in the
revised title and with other titles of the Code. The
words ‘‘international or other organization’’ are substituted for ‘‘international agency, or other organization, of whatever nationality’’ to eliminate unnecessary words. The words ‘‘provisions for’’ are omitted as
surplus.
In subsection (b), before clause (1), the words ‘‘government of a foreign country’’ are substituted for ‘‘foreign government’’ for consistency in the revised title
and with other titles of the Code. The words ‘‘or governments’’ are omitted because of 1:1.
In subsection (c), the words ‘‘for payment for personnel or cargo transportation’’ are omitted as surplus.
In subsection (d), the words ‘‘the limitations established by’’ are omitted as surplus. The words ‘‘after October 7, 1978’’ are omitted as executed. The words ‘‘Secretary of State’’ are substituted for ‘‘Department of
State’’ because of 22:2651. The words ‘‘Director of the
United States Information Agency’’ are substituted for
‘‘International Communication Agency’’ in section 706
of the Act of October 7, 1978 (Public Law 95–426, 92 Stat.
992), because of section 2 of Reorganization Plan No. 2
of 1977 (eff. July 1, 1978, 91 Stat. 1636) and section 303(b)
of the United States Information Agency Authorization
Act, Fiscals Year 1982 and 1983 (Public Law 97–241, 96
Stat. 291). The words ‘‘Director of the United States
International Development Cooperation Agency’’ are
substituted for ‘‘Agency for International Development
(or any successor agency)’’ in section 706 because of
section 6(a)(3) of Reorganization Plan No. 2 of 1979 (eff.
October 1, 1979, 93 Stat. 1379). The words ‘‘a foreign air
carrier’’ are substituted for ‘‘air carriers which do not
hold certificates under section 1371 of this Appendix’’
for clarity. See H. Conf. Rept. No. 95–1535, 95th Cong.,
2d Sess., p. 45 (1978).
In subsection (e), the word ‘‘affect’’ is substituted for
‘‘prevent’’ for clarity. The words ‘‘to such traffic’’ are
omitted as surplus.
PUB. L. 104–287, § 5(68)(A)
This amends the catchline for 49:40118(d) to make a
clarifying amendment.

Page 762

PUB. L. 104–287, § 5(68)(B)
This amends
amendment.

49:40118(f)(1)

to

make

a

clarifying

AMENDMENTS
2003—Subsec. (f)(2). Pub. L. 108–176 inserted ‘‘, except
that it shall not include a contract for the transportation by air of passengers’’ before period at end.
1998—Subsec. (d). Pub. L. 105–277, § 1422(b)(6), substituted ‘‘or the Administrator of the Agency for International Development’’ for ‘‘the Director of the United
States International Development Cooperation Agency’’.
Pub. L. 105–277, § 1335(p), struck out ‘‘, the Director of
the United States Information Agency,’’ after ‘‘Secretary of State’’.
Pub. L. 105–277, § 1225(h), struck out ‘‘, or the Director
of the Arms Control and Disarmament Agency’’ before
‘‘may be used to pay’’.
1996—Subsec. (c). Pub. L. 104–316 substituted ‘‘Administrator of General Services shall prescribe regulations
under which agencies may’’ for ‘‘Comptroller General
shall’’.
Subsec. (d). Pub. L. 104–287, § 5(68)(A), substituted
‘‘CERTAIN TRANSPORTATION BY AIR OUTSIDE THE UNITED
STATES’’ for ‘‘TRANSPORTATION BY FOREIGN AIR CARRIERS’’ in heading.
Subsec. (f). Pub. L. 104–287, § 5(68)(B), inserted heading.
1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 1225(h) of Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the
United States Arms Control and Disarmament Agency
pursuant to reorganization plan described in section
6601 of Title 22, Foreign Relations and Intercourse, see
section 1201 of Pub. L. 105–277, set out as an Effective
Date note under section 6511 of Title 22.
Amendment by section 1335(p) of Pub. L. 105–277 effective on earlier of Oct. 1, 1999, or date of abolition of the
United States Information Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1301 of Pub.
L. 105–277, set out as an Effective Date note under section 6531 of Title 22.
Amendment by section 1422(b)(6) of Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of
the United States International Development Cooperation Agency pursuant to reorganization plan described
in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1401 of Pub. L. 105–277, set out as an
Effective Date note under section 6561 of Title 22.
EFFECTIVE DATE OF 1994 AMENDMENT
For effective date and applicability of amendment by
Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set
out as a note under section 251 of Title 41, Public Contracts.

§ 40119. Security and research and development
activities
(a) GENERAL REQUIREMENTS.—The Under Secretary of Transportation for Security and the
Administrator of the Federal Aviation Administration each shall conduct research (including
behavioral research) and development activities
appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to
protect passengers and property against acts of
criminal violence, aircraft piracy, and terrorism
and to ensure security.

Page 763

(b) DISCLOSURE.—(1) Notwithstanding section
552 of title 5 and the establishment of a Department of Homeland Security, the Secretary of
Transportation shall prescribe regulations prohibiting disclosure of information obtained or
developed in ensuring security under this title if
the Secretary of Transportation decides disclosing the information would—
(A) be an unwarranted invasion of personal
privacy;
(B) reveal a trade secret or privileged or confidential commercial or financial information;
or
(C) be detrimental to transportation safety.
(2) Paragraph (1) of this subsection does not
authorize information to be withheld from a
committee of Congress authorized to have the
information.
(3) Nothing in paragraph (1) shall be construed
to authorize the designation of information as
sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)—
(A) to conceal a violation of law, inefficiency, or administrative error;
(B) to prevent embarrassment to a person,
organization, or agency;
(C) to restrain competition; or
(D) to prevent or delay the release of information that does not require protection in the
interest of transportation security, including
basic scientific research information not
clearly related to transportation security.
(c) TRANSFERS OF DUTIES AND POWERS PROHIBITED.—Except as otherwise provided by law, the
Under Secretary may not transfer a duty or
power under this section to another department,
agency, or instrumentality of the United States
Government.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1117;
Pub. L. 107–71, title I, § 101(e), Nov. 19, 2001, 115
Stat. 603; Pub. L. 107–296, title XVI, § 1601(a),
Nov. 25, 2002, 116 Stat. 2312; Pub. L. 111–83, title
V, § 561(c)(2), Oct. 28, 2009, 123 Stat. 2182.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

40119(a) ......

49 App.:1357(d)(1).

40119(b) ......

49 App.:1357(d)(2).

40119(c) ......

§ 40120

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(d)(1),
(e)(1); added Aug. 5, 1974,
Pub. L. 93–366, § 202, 88
Stat. 417.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(d)(2);
added Aug. 5, 1974, Pub. L.
93–366, § 202, 88 Stat. 417;
Nov. 5, 1990, Pub. L.
101–508, § 9121, 104 Stat.
1388–370.

49 App.:1357(e)(1).

In this section, the word ‘‘Administrator’’ in section
316(d) and (e) of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 731) is retained on authority of
49:106(g).
In subsection (a), the words ‘‘as he may deem’’ and
‘‘aboard aircraft in air transportation or intrastate air
transportation’’ are omitted as surplus.
In subsection (b)(1), before clause (A), the words ‘‘relating to freedom of information’’, ‘‘as he may deem
necessary’’, and ‘‘in the conduct of research and development activities’’ are omitted as surplus. In clause
(A), the words ‘‘(including, but not limited to, information contained in any personnel, medical, or similar

file)’’ are omitted as surplus. In clause (B), the words
‘‘obtained from any person’’ are omitted as surplus. In
clause (C), the word ‘‘traveling’’ is omitted as surplus.
In subsection (b)(2), the word ‘‘duly’’ is omitted as
surplus. The words ‘‘to have the information’’ are
added for clarity.
AMENDMENTS
2009—Subsec. (b)(3). Pub. L. 111–83 added par. (3).
2002—Subsec. (a). Pub. L. 107–296, § 1601(a)(1), inserted
‘‘and the Administrator of the Federal Aviation Administration each’’ after ‘‘for Security’’ and substituted
‘‘criminal violence, aircraft piracy, and terrorism and
to ensure security’’ for ‘‘criminal violence and aircraft
piracy’’.
Subsec. (b)(1). Pub. L. 107–296, § 1601(a)(2)(A), (B), in
introductory provisions, substituted ‘‘and the establishment of a Department of Homeland Security, the
Secretary of Transportation’’ for ‘‘, the Under Secretary’’ and ‘‘ensuring security under this title if the
Secretary of Transportation’’ for ‘‘carrying out security or research and development activities under section 44501(a) or (c), 44502(a)(1) or (3), (b), or (c), 44504,
44505, 44507, 44508, 44511, 44512, 44513, 44901, 44903(a), (b),
(c), or (e), 44905, 44912, 44935, 44936, or 44938(a) or (b) of
this title if the Under Secretary’’.
Subsec. (b)(1)(C). Pub. L. 107–296, § 1601(a)(2)(C), substituted ‘‘transportation safety’’ for ‘‘the safety of passengers in transportation’’.
2001—Subsec. (a). Pub. L. 107–71, § 101(e)(1), substituted ‘‘Under Secretary of Transportation for Security’’ for ‘‘Administrator of the Federal Aviation Administration’’.
Subsec. (b). Pub. L. 107–71, § 101(e)(2), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in two places
in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 107–71, § 101(e)(3), struck out
‘‘air’’ before ‘‘transportation’’.
Subsec. (c). Pub. L. 107–71, § 101(e)(2), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 40120. Relationship to other laws
(a) NONAPPLICATION.—Except as provided in
the International Navigational Rules Act of 1977
(33 U.S.C. 1601 et seq.), the navigation and shipping laws of the United States and the rules for
the prevention of collisions do not apply to aircraft or to the navigation of vessels related to
those aircraft.
(b) EXTENDING APPLICATION OUTSIDE UNITED
STATES.—The President may extend (in the way
and for periods the President considers necessary) the application of this part to outside
the United States when—
(1) an international arrangement gives the
United States Government authority to make
the extension; and
(2) the President decides the extension is in
the national interest.

§ 40121

TITLE 49—TRANSPORTATION

(c) ADDITIONAL REMEDIES.—A remedy under
this part is in addition to any other remedies
provided by law.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1117.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

40120(a) ......

49 App.:1509(a).

40120(b) ......
40120(c) ......

49 App.:1510.
49 App.:1506.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 1106, 1109(a), 1110, 72
Stat. 798, 799, 800.

In subsection (a), the words ‘‘International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.)’’ are substituted for ‘‘sections 143 to 147d of title 33’’ because
those sections were repealed by section 3 of the Act of
September 24, 1963 (Public Law 88–131, 77 Stat. 194), and
replaced by 33:ch. 21. Chapter 21 was repealed by section
10 of the International Navigational Rules Act of 1977
(Public Law 95–75, 91 Stat. 311) and replaced by
33:1601–1608. The words ‘‘including any definition of
‘vessel’ or ‘vehicle’ found therein’’ and ‘‘be construed
to’’ are omitted as surplus.
In subsection (b), before clause (1), the words ‘‘to the
extent’’, ‘‘of time’’, and ‘‘any areas of land or water’’
are omitted as surplus. The words ‘‘and the overlying
airspace thereof’’ are omitted as being included in
‘‘outside the United States’’. In clause (1), the words
‘‘treaty, agreement or other lawful’’ and ‘‘necessary
legal’’ are omitted as surplus.
Subsection (c) is substituted for 49 App.:1506 to eliminate unnecessary words and for clarity and consistency
in the revised title and with other titles of the United
States Code.
REFERENCES IN TEXT
The International Navigational Rules Act of 1977, referred to in subsec. (a), is Pub. L. 95–75, July 27, 1977, 91
Stat. 308, as amended, which is classified principally to
chapter 30 (§ 1601 et seq.) of Title 33, Navigation and
Navigable Waters. For complete classification of this
Act to the Code, see Short Title note set out under section 1601 of Title 33 and Tables.
EX. ORD. NO. 10854. EXTENSION OF APPLICATION
Ex. Ord. No. 10854, Nov. 27, 1959, 24 F.R. 9565, as
amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R.
16247, provided:
The application of the Federal Aviation Act of 1958
(72 Stat. 731; 49 U.S.C.A. § 1301 et seq. [see 49 U.S.C. 40101
et seq.]), to the extent necessary to permit the Secretary of Transportation to accomplish the purposes
and objectives of Titles III [former 49 U.S.C. 1341 et
seq., see Disposition Table at beginning of this title]
and XII [see 49 U.S.C. 40103(b)(3), 46307] thereof, is hereby extended to those areas of land or water outside the
United States and the overlying airspace thereof over
or in which the Federal Government of the United
States, under international treaty, agreement or other
lawful arrangement, has appropriate jurisdiction or
control: Provided, That the Secretary of Transportation, prior to taking any action under the authority
hereby conferred, shall first consult with the Secretary
of State on matters affecting foreign relations, and
with the Secretary of Defense on matters affecting national-defense interests, and shall not take any action
which the Secretary of State determines to be in conflict with any international treaty or agreement to
which the United States is a party, or to be inconsistent with the successful conduct of the foreign relations
of the United States, or which the Secretary of Defense
determines to be inconsistent with the requirements of
national defense.

Page 764

§ 40121. Air traffic control modernization reviews
(a) REQUIRED TERMINATIONS OF ACQUISITIONS.—
The Administrator of the Federal Aviation Administration shall terminate any acquisition
program initiated after the date of the enactment of the Air Traffic Management System
Performance Improvement Act of 1996 and funded under the Facilities and Equipment account
that—
(1) is more than 50 percent over the cost goal
established for the program;
(2) fails to achieve at least 50 percent of the
performance goals established for the program; or
(3) is more than 50 percent behind schedule
as determined in accordance with the schedule
goal established for the program.
(b) AUTHORIZED TERMINATION OF ACQUISITION
PROGRAMS.—The Administrator shall consider
terminating, under the authority of subsection
(a), any substantial acquisition program that—
(1) is more than 10 percent over the cost goal
established for the program;
(2) fails to achieve at least 90 percent of the
performance goals established for the program; or
(3) is more than 10 percent behind schedule
as determined in accordance with the schedule
goal established for the program.
(c) EXCEPTIONS AND REPORT.—
(1) CONTINUANCE OF PROGRAM, ETC.—Notwithstanding subsection (a), the Administrator
may continue an acquisitions program required to be terminated under subsection (a) if
the Administrator determines that termination would be inconsistent with the development or operation of the national air transportation system in a safe and efficient manner.
(2) DEPARTMENT OF DEFENSE.—The Department of Defense shall have the same exemptions from acquisition laws as are waived by
the Administrator under section 40110(d)(2) of
this title when engaged in joint actions to improve or replenish the national air traffic control system. The Administration may acquire
real property, goods, and services through the
Department of Defense, or other appropriate
agencies, but is bound by the acquisition laws
and regulations governing those cases.
(3) REPORT.—If the Administrator makes a
determination under paragraph (1), the Administrator shall transmit a copy of the determination, together with a statement of the
basis for the determination, to the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on
Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives.
(Added Pub. L. 104–264, title II, § 252, Oct. 9, 1996,
110 Stat. 3236; amended Pub. L. 106–181, title III,
§ 307(c)(2), Apr. 5, 2000, 114 Stat. 126.)
REFERENCES IN TEXT
The date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996,
referred to in subsec. (a), is the date of enactment of
Pub. L. 104–264, which was approved Oct. 9, 1996.

Page 765

TITLE 49—TRANSPORTATION
CODIFICATION

Another section 40121 was renumbered section 40124 of
this title.
AMENDMENTS
2000—Subsec. (c)(2). Pub. L. 106–181 substituted ‘‘section 40110(d)(2) of this title’’ for ‘‘section 348(b) of Public Law 104–50’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE
Section effective on date that is 30 days after Oct. 9,
1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106
of this title.
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.

§ 40122. Federal Aviation Administration personnel management system
(a) IN GENERAL.—
(1) CONSULTATION AND NEGOTIATION.—In developing and making changes to the personnel
management system initially implemented by
the Administrator of the Federal Aviation Administration on April 1, 1996, the Administrator shall negotiate with the exclusive bargaining representatives of employees of the
Administration certified under section 7111 of
title 5 and consult with other employees of the
Administration.
(2) MEDIATION.—If the Administrator does
not reach an agreement under paragraph (1)
with the exclusive bargaining representatives,
the services of the Federal Mediation and Conciliation Service shall be used to attempt to
reach such agreement. If the services of the
Federal Mediation and Conciliation Service do
not lead to an agreement, the Administrator’s
proposed change to the personnel management
system shall not take effect until 60 days have
elapsed after the Administrator has transmitted the proposed change, along with the objections of the exclusive bargaining representatives to the change, and the reasons for such
objections, to Congress. The 60-day period
shall not include any period during which Congress has adjourned sine die.
(3) COST SAVINGS AND PRODUCTIVITY GOALS.—
The Administration and the exclusive bargaining representatives of the employees shall use
every reasonable effort to find cost savings
and to increase productivity within each of
the affected bargaining units.
(4) ANNUAL BUDGET DISCUSSIONS.—The Administration and the exclusive bargaining representatives of the employees shall meet annually for the purpose of finding additional
cost savings within the Administration’s annual budget as it applies to each of the affected bargaining units and throughout the
agency.
(b) EXPERT EVALUATION.—On the date that is 3
years after the personnel management system is

§ 40122

implemented, the Administration shall employ
outside experts to provide an independent evaluation of the effectiveness of the system within
3 months after such date. For this purpose, the
Administrator may utilize the services of experts and consultants under section 3109 of title
5 without regard to the limitation imposed by
the last sentence of section 3109(b) of such title,
and may contract on a sole source basis, notwithstanding any other provision of law to the
contrary.
(c) PAY RESTRICTION.—No officer or employee
of the Administration may receive an annual
rate of basic pay in excess of the annual rate of
basic pay payable to the Administrator.
(d) ETHICS.—The Administration shall be subject to Executive Order No. 12674 and regulations
and opinions promulgated by the Office of Government Ethics, including those set forth in section 2635 of title 5 of the Code of Federal Regulations.
(e) EMPLOYEE PROTECTIONS.—Until July 1, 1999,
basic wages (including locality pay) and operational differential pay provided employees of
the Administration shall not be involuntarily
adversely affected by reason of the enactment of
this section, except for unacceptable performance or by reason of a reduction in force or reorganization or by agreement between the Administration and the affected employees’ exclusive
bargaining representative.
(f) LABOR-MANAGEMENT AGREEMENTS.—Except
as otherwise provided by this title, all labormanagement agreements covering employees of
the Administration that are in effect on the effective date of the Air Traffic Management System Performance Improvement Act of 1996 shall
remain in effect until their normal expiration
date, unless the Administrator and the exclusive
bargaining representative agree to the contrary.
(g) PERSONNEL MANAGEMENT SYSTEM.—
(1) IN GENERAL.—In consultation with the
employees of the Administration and such
non-governmental experts in personnel management systems as he may employ, and notwithstanding the provisions of title 5 and
other Federal personnel laws, the Administrator shall develop and implement, not later
than January 1, 1996, a personnel management
system for the Administration that addresses
the unique demands on the agency’s workforce. Such a new system shall, at a minimum,
provide for greater flexibility in the hiring,
training, compensation, and location of personnel.
(2) APPLICABILITY OF TITLE 5.—The provisions
of title 5 shall not apply to the new personnel
management system developed and implemented pursuant to paragraph (1), with the exception of—
(A) section 2302(b), relating to whistleblower protection, including the provisions
for investigation and enforcement as provided in chapter 12 of title 5;
(B) sections 3308–3320, relating to veterans’
preference;
(C) chapter 71, relating to labor-management relations;
(D) section 7204, relating to antidiscrimination;
(E) chapter 73, relating to suitability, security, and conduct;

§ 40123

TITLE 49—TRANSPORTATION

(F) chapter 81, relating to compensation
for work injury;
(G) chapters 83–85, 87, and 89, relating to
retirement, unemployment compensation,
and insurance coverage; and
(H) sections 1204, 1211–1218, 1221, and
7701–7703, relating to the Merit Systems Protection Board.
(3) APPEALS TO MERIT SYSTEMS PROTECTION
BOARD.—Under the new personnel management
system developed and implemented under
paragraph (1), an employee of the Administration may submit an appeal to the Merit Systems Protection Board and may seek judicial
review of any resulting final orders or decisions of the Board from any action that was
appealable to the Board under any law, rule,
or regulation as of March 31, 1996.
(4) EFFECTIVE DATE.—This subsection shall
take effect on April 1, 1996.
TO CONTEST ADVERSE PERSONNEL ACemployee of the Federal Aviation
Administration who is the subject of a major adverse personnel action may contest the action
either through any contractual grievance procedure that is applicable to the employee as a
member of the collective bargaining unit or
through the Administration’s internal process
relating to review of major adverse personnel
actions of the Administration, known as Guaranteed Fair Treatment, or under section
40122(g)(3).
(i) ELECTION OF FORUM.—Where a major adverse personnel action may be contested
through more than one of the indicated forums
(such as the contractual grievance procedure,
the Federal Aviation Administration’s internal
process, or that of the Merit Systems Protection
Board), an employee must elect the forum
through which the matter will be contested.
Nothing in this section is intended to allow an
employee to contest an action through more
than one forum unless otherwise allowed by law.
(j) DEFINITION.—In this section, the term
‘‘major adverse personnel action’’ means a suspension of more than 14 days, a reduction in pay
or grade, a removal for conduct or performance,
a nondisciplinary removal, a furlough of 30 days
or less (but not including placement in a nonpay
status as the result of a lapse of appropriations
or an enactment by Congress), or a reduction in
force action.
(h) RIGHT
TIONS.—An

(Added Pub. L. 104–264, title II, § 253, Oct. 9, 1996,
110 Stat. 3237; amended Pub. L. 106–181, title III,
§§ 307(a), 308, Apr. 5, 2000, 114 Stat. 124, 126.)
REFERENCES IN TEXT
Executive Order No. 12674, referred to in subsec. (d),
is set out as a note under section 7301 of Title 5, Government Organization and Employees.
The effective date of the Air Traffic Management
System Performance Improvement Act of 1996, referred
to in subsec. (f), is the date that is 30 days after Oct.
9, 1996. See section 203 of Pub. L. 104–264, set out as an
Effective Date of 1996 Amendment note under section
106 of this title.

Page 766

Subsec. (g). Pub. L. 106–181, § 307(a), added subsec. (g).
Subsecs. (h) to (j). Pub. L. 106–181, § 308(b), added subsecs. (h) to (j).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE
Section effective on date that is 30 days after Oct. 9,
1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106
of this title.
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.

§ 40123. Protection of voluntarily submitted information
(a) IN GENERAL.—Notwithstanding any other
provision of law, neither the Administrator of
the Federal Aviation Administration, nor any
agency receiving information from the Administrator, shall disclose voluntarily-provided safety
or security related information if the Administrator finds that—
(1) the disclosure of the information would
inhibit the voluntary provision of that type of
information and that the receipt of that type
of information aids in fulfilling the Administrator’s safety and security responsibilities;
and
(2) withholding such information from disclosure would be consistent with the Administrator’s safety and security responsibilities.
(b) REGULATIONS.—The Administrator shall
issue regulations to carry out this section.
(Added Pub. L. 104–264, title IV, § 402(a), Oct. 9,
1996, 110 Stat. 3255.)
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.

§ 40124. Interstate agreements for airport facilities
Congress consents to a State making an agreement, not in conflict with a law of the United
States, with another State to develop or operate
an airport facility.
(Added Pub. L. 104–287, § 5(69)(A), Oct. 11, 1996, 110
Stat. 3395, § 40121; renumbered § 40124, Pub. L.
105–102, § 3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215.)
HISTORICAL AND REVISION NOTES
This restates 49:44502(e) as 49:40121 [now 40124] to provide a more appropriate place in title 49.
AMENDMENTS
1997—Pub. L. 105–102 amended Pub. L. 104–287, renumbering section 40121 of this title as this section.

AMENDMENTS

EFFECTIVE DATE OF 1997 AMENDMENT

2000—Subsec. (a)(2). Pub. L. 106–181, § 308(a), inserted
at end ‘‘The 60-day period shall not include any period
during which Congress has adjourned sine die.’’

Pub. L. 105–102, § 3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(B) is
effective Oct. 11, 1996.

Page 767

§ 40127

TITLE 49—TRANSPORTATION

Amendment by Pub. L. 105–102 effective as if included
in the provisions of the Act to which the amendment
relates, see section 3(f) of Pub. L. 105–102, set out as a
note under section 106 of this title.

§ 40125. Qualifications for public aircraft status
(a) DEFINITIONS.—In this section, the following
definitions apply:
(1) COMMERCIAL PURPOSES.—The term ‘‘commercial purposes’’ means the transportation of
persons or property for compensation or hire,
but does not include the operation of an aircraft by the armed forces for reimbursement
when that reimbursement is required by any
Federal statute, regulation, or directive, in effect on November 1, 1999, or by one government on behalf of another government under a
cost reimbursement agreement if the government on whose behalf the operation is conducted certifies to the Administrator of the
Federal Aviation Administration that the operation is necessary to respond to a significant
and imminent threat to life or property (including natural resources) and that no service
by a private operator is reasonably available
to meet the threat.
(2) GOVERNMENTAL FUNCTION.—The term
‘‘governmental function’’ means an activity
undertaken by a government, such as national
defense, intelligence missions, firefighting,
search and rescue, law enforcement (including
transport of prisoners, detainees, and illegal
aliens), aeronautical research, or biological or
geological resource management.
(3) QUALIFIED NON-CREWMEMBER.—The term
‘‘qualified non-crewmember’’ means an individual, other than a member of the crew,
aboard an aircraft—
(A) operated by the armed forces or an intelligence agency of the United States Government; or
(B) whose presence is required to perform,
or is associated with the performance of, a
governmental function.
(4) ARMED FORCES.—The term ‘‘armed
forces’’ has the meaning given such term by
section 101 of title 10.
(b) AIRCRAFT OWNED BY GOVERNMENTS.—An
aircraft described in subparagraph (A), (B), (C),
or (D) of section 40102(a)(41) does not qualify as
a public aircraft under such section when the
aircraft is used for commercial purposes or to
carry an individual other than a crewmember or
a qualified non-crewmember.
(c) AIRCRAFT OWNED OR OPERATED BY THE
ARMED FORCES.—
(1) IN GENERAL.—Subject to paragraph (2), an
aircraft described in section 40102(a)(41)(E)
qualifies as a public aircraft if—
(A) the aircraft is operated in accordance
with title 10;
(B) the aircraft is operated in the performance of a governmental function under title
14, 31, 32, or 50 and the aircraft is not used
for commercial purposes; or
(C) the aircraft is chartered to provide
transportation or other commercial air service to the armed forces and the Secretary of
Defense (or the Secretary of the department
in which the Coast Guard is operating) des-

ignates the operation of the aircraft as being
required in the national interest.
(2) LIMITATION.—An aircraft that meets the
criteria set forth in paragraph (1) and that is
owned or operated by the National Guard of a
State, the District of Columbia, or any territory or possession of the United States, qualifies as a public aircraft only to the extent that
it is operated under the direct control of the
Department of Defense.
(Added Pub. L. 106–181, title VII, § 702(b)(1), Apr.
5, 2000, 114 Stat. 155; amended Pub. L. 110–181,
div. A, title X, § 1078(b), (c), Jan. 28, 2008, 122
Stat. 334.)
AMENDMENTS
2008—Subsec. (b). Pub. L. 110–181, § 1078(c)(1), substituted ‘‘section 40102(a)(41)’’ for ‘‘section 40102(a)(37)’’.
Subsec. (c)(1). Pub. L. 110–181, § 1078(c)(2), substituted
‘‘section 40102(a)(41)(E)’’ for ‘‘section 40102(a)(37)(E)’’ in
introductory provisions.
Subsec. (c)(1)(C). Pub. L. 110–181, § 1078(b), inserted ‘‘or
other commercial air service’’ after ‘‘transportation’’.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 40126. Severable services contracts for periods
crossing fiscal years
(a) IN GENERAL.—The Administrator of the
Federal Aviation Administration may enter into
a contract for procurement of severable services
for a period that begins in 1 fiscal year and ends
in the next fiscal year if (without regard to any
option to extend the period of the contract) the
contract period does not exceed 1 year.
(b) OBLIGATION OF FUNDS.—Funds made available for a fiscal year may be obligated for the
total amount of a contract entered into under
the authority of subsection (a).
(Added Pub. L. 106–181, title VII, § 705(a), Apr. 5,
2000, 114 Stat. 157.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 40127. Prohibitions on discrimination
(a) PERSONS IN AIR TRANSPORTATION.—An air
carrier or foreign air carrier may not subject a
person in air transportation to discrimination
on the basis of race, color, national origin, religion, sex, or ancestry.
(b) USE OF PRIVATE AIRPORTS.—Notwithstanding any other provision of law, no State or local
government may prohibit the use or full enjoy-

§ 40128

TITLE 49—TRANSPORTATION

ment of a private airport within its jurisdiction
by any person on the basis of that person’s race,
color, national origin, religion, sex, or ancestry.
(Added Pub. L. 106–181, title VII, § 706(a), Apr. 5,
2000, 114 Stat. 157.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 40128. Overflights of national parks
(a) IN GENERAL.—
(1) GENERAL REQUIREMENTS.—A commercial
air tour operator may not conduct commercial
air tour operations over a national park or
tribal lands, as defined by this section, except—
(A) in accordance with this section;
(B) in accordance with conditions and limitations prescribed for that operator by the
Administrator; and
(C) in accordance with any applicable air
tour management plan for the park or tribal
lands.
(2) APPLICATION FOR OPERATING AUTHORITY.—
(A) APPLICATION REQUIRED.—Before commencing commercial air tour operations
over a national park or tribal lands, a commercial air tour operator shall apply to the
Administrator for authority to conduct the
operations over the park or tribal lands.
(B) COMPETITIVE BIDDING FOR LIMITED CAPACITY PARKS.—Whenever an air tour management plan limits the number of commercial air tour operations over a national park
during a specified time frame, the Administrator, in cooperation with the Director,
shall issue operation specifications to commercial air tour operators that conduct such
operations. The operation specifications
shall include such terms and conditions as
the Administrator and the Director find necessary for management of commercial air
tour operations over the park. The Administrator, in cooperation with the Director,
shall develop an open competitive process
for evaluating proposals from persons interested in providing commercial air tour operations over the park. In making a selection
from among various proposals submitted,
the Administrator, in cooperation with the
Director, shall consider relevant factors, including—
(i) the safety record of the person submitting the proposal or pilots employed by
the person;
(ii) any quiet aircraft technology proposed to be used by the person submitting
the proposal;
(iii) the experience of the person submitting the proposal with commercial air tour
operations over other national parks or
scenic areas;
(iv) the financial capability of the person
submitting the proposal;
(v) any training programs for pilots provided by the person submitting the proposal; and

Page 768

(vi) responsiveness of the person submitting the proposal to any relevant criteria
developed by the National Park Service for
the affected park.
(C) NUMBER OF OPERATIONS AUTHORIZED.—
In determining the number of authorizations
to issue to provide commercial air tour operations over a national park, the Administrator, in cooperation with the Director,
shall take into consideration the provisions
of the air tour management plan, the number of existing commercial air tour operators and current level of service and equipment provided by any such operators, and
the financial viability of each commercial
air tour operation.
(D) COOPERATION WITH NPS.—Before granting an application under this paragraph, the
Administrator, in cooperation with the Director, shall develop an air tour management plan in accordance with subsection (b)
and implement such plan.
(E) TIME LIMIT ON RESPONSE TO ATMP APPLICATIONS.—The Administrator shall make
every effort to act on any application under
this paragraph and issue a decision on the
application not later than 24 months after it
is received or amended.
(F) PRIORITY.—In acting on applications
under this paragraph to provide commercial
air tour operations over a national park, the
Administrator shall give priority to an application under this paragraph in any case in
which a new entrant commercial air tour operator is seeking operating authority with
respect to that national park.
(3) EXCEPTION.—Notwithstanding paragraph
(1), commercial air tour operators may conduct commercial air tour operations over a national park under part 91 of the title 14, Code
of Federal Regulations if—
(A) such activity is permitted under part
119 of such title;
(B) the operator secures a letter of agreement from the Administrator and the national park superintendent for that national
park describing the conditions under which
the operations will be conducted; and
(C) the total number of operations under
this exception is limited to not more than
five flights in any 30-day period over a particular park.
(4) SPECIAL RULE FOR SAFETY REQUIREMENTS.—Notwithstanding subsection (c), an
existing commercial air tour operator shall
apply, not later than 90 days after the date of
the enactment of this section, for operating
authority under part 119, 121, or 135 of title 14,
Code of Federal Regulations. A new entrant
commercial air tour operator shall apply for
such authority before conducting commercial
air tour operations over a national park or
tribal lands. The Administrator shall make
every effort to act on any such application for
a new entrant and issue a decision on the application not later than 24 months after it is
received or amended.
(b) AIR TOUR MANAGEMENT PLANS.—
(1) ESTABLISHMENT.—

Page 769

TITLE 49—TRANSPORTATION

§ 40128

(A) IN GENERAL.—The Administrator, in
cooperation with the Director, shall establish an air tour management plan for any
national park or tribal land for which such a
plan is not in effect whenever a person applies for authority to conduct a commercial
air tour operation over the park. The air
tour management plan shall be developed by
means of a public process in accordance with
paragraph (4).
(B) OBJECTIVE.—The objective of any air
tour management plan shall be to develop
acceptable and effective measures to mitigate or prevent the significant adverse impacts, if any, of commercial air tour operations upon the natural and cultural resources, visitor experiences, and tribal
lands.

(B) publish the proposed plan in the Federal Register for notice and comment and
make copies of the proposed plan available
to the public;
(C) comply with the regulations set forth
in sections 1501.3 and 1501.5 through 1501.8 of
title 40, Code of Federal Regulations (for
purposes of complying with the regulations,
the Federal Aviation Administration shall
be the lead agency and the National Park
Service is a cooperating agency); and
(D) solicit the participation of any Indian
tribe whose tribal lands are, or may be,
overflown by aircraft involved in a commercial air tour operation over the park or tribal lands to which the plan applies, as a cooperating agency under the regulations referred to in subparagraph (C).

(2) ENVIRONMENTAL DETERMINATION.—In establishing an air tour management plan under
this subsection, the Administrator and the Director shall each sign the environmental decision document required by section 102 of the
National Environmental Policy Act of 1969 (42
U.S.C. 4332) which may include a finding of no
significant impact, an environmental assessment, or an environmental impact statement
and the record of decision for the air tour
management plan.
(3) CONTENTS.—An air tour management plan
for a national park—
(A) may prohibit commercial air tour operations over a national park in whole or in
part;
(B) may establish conditions for the conduct of commercial air tour operations over
a national park, including commercial air
tour routes, maximum or minimum altitudes, time-of-day restrictions, restrictions
for particular events, maximum number of
flights per unit of time, intrusions on privacy on tribal lands, and mitigation of
noise, visual, or other impacts;
(C) shall apply to all commercial air tour
operations over a national park that are also
within 1⁄2 mile outside the boundary of a national park;
(D) shall include incentives (such as preferred commercial air tour routes and altitudes, relief from caps and curfews) for the
adoption of quiet aircraft technology by
commercial air tour operators conducting
commercial air tour operations over a national park;
(E) shall provide for the initial allocation
of opportunities to conduct commercial air
tour operations over a national park if the
plan includes a limitation on the number of
commercial air tour operations for any time
period; and
(F) shall justify and document the need for
measures taken pursuant to subparagraphs
(A) through (E) and include such justifications in the record of decision.

(5) JUDICIAL REVIEW.—An air tour management plan developed under this subsection
shall be subject to judicial review.
(6) AMENDMENTS.—The Administrator, in cooperation with the Director, may make
amendments to an air tour management plan.
Any such amendments shall be published in
the Federal Register for notice and comment.
A request for amendment of an air tour management plan shall be made in such form and
manner as the Administrator may prescribe.

(4) PROCEDURE.—In establishing an air tour
management plan for a national park or tribal
lands, the Administrator and the Director
shall—
(A) hold at least one public meeting with
interested parties to develop the air tour
management plan;

(c) INTERIM OPERATING AUTHORITY.—
(1) IN GENERAL.—Upon application for operating authority, the Administrator shall grant
interim operating authority under this subsection to a commercial air tour operator for
commercial air tour operations over a national park or tribal lands for which the operator is an existing commercial air tour operator.
(2) REQUIREMENTS AND LIMITATIONS.—Interim
operating authority granted under this subsection—
(A) shall provide annual authorization
only for the greater of—
(i) the number of flights used by the operator to provide the commercial air tour
operations over a national park within the
12-month period prior to the date of the
enactment of this section; or
(ii) the average number of flights per 12month period used by the operator to provide such operations within the 36-month
period prior to such date of enactment,
and, for seasonal operations, the number of
flights so used during the season or seasons covered by that 12-month period;
(B) may not provide for an increase in the
number of commercial air tour operations
over a national park conducted during any
time period by the commercial air tour operator above the number that the air tour operator was originally granted unless such an
increase is agreed to by the Administrator
and the Director;
(C) shall be published in the Federal Register to provide notice and opportunity for
comment;
(D) may be revoked by the Administrator
for cause;
(E) shall terminate 180 days after the date
on which an air tour management plan is established for the park or tribal lands;

§ 40128

TITLE 49—TRANSPORTATION

Page 770

(F) shall promote protection of national
park resources, visitor experiences, and tribal lands;
(G) shall promote safe commercial air tour
operations;
(H) shall promote the adoption of quiet
technology, as appropriate; and
(I) shall allow for modifications of the interim operating authority based on experience if the modification improves protection
of national park resources and values and of
tribal lands.

tour operator’’ means a commercial air tour
operator that—
(A) applies for operating authority as a
commercial air tour operator for a national
park or tribal lands; and
(B) has not engaged in the business of providing commercial air tour operations over
the national park or tribal lands in the 12month period preceding the application.

(3) NEW ENTRANT AIR TOUR OPERATORS.—
(A) IN GENERAL.—The Administrator, in
cooperation with the Director, may grant interim operating authority under this paragraph to an air tour operator for a national
park or tribal lands for which that operator
is a new entrant air tour operator if the Administrator determines the authority is necessary to ensure competition in the provision of commercial air tour operations over
the park or tribal lands.
(B) SAFETY LIMITATION.—The Administrator may not grant interim operating authority under subparagraph (A) if the Administrator determines that it would create
a safety problem at the park or on the tribal
lands, or the Director determines that it
would create a noise problem at the park or
on the tribal lands.
(C) ATMP LIMITATION.—The Administrator
may grant interim operating authority
under subparagraph (A) of this paragraph
only if the air tour management plan for the
park or tribal lands to which the application
relates has not been developed within 24
months after the date of the enactment of
this section.

air tour operation over a national park’’
means any flight, conducted for compensation or hire in a powered aircraft where a
purpose of the flight is sightseeing over a
national park, within 1⁄2 mile outside the
boundary of any national park (except the
Grand Canyon National Park), or over tribal
lands (except those within or abutting the
Grand Canyon National Park), during which
the aircraft flies—
(i) below a minimum altitude, determined by the Administrator in cooperation with the Director, above ground level
(except solely for purposes of takeoff or
landing, or necessary for safe operation of
an aircraft as determined under the rules
and regulations of the Federal Aviation
Administration requiring the pilot-in-command to take action to ensure the safe operation of the aircraft); or
(ii) less than 1 mile laterally from any
geographic feature within the park (unless
more than 1⁄2 mile outside the boundary).

(d) EXEMPTIONS.—This section shall not apply
to—
(1) the Grand Canyon National Park; or
(2) tribal lands within or abutting the Grand
Canyon National Park.
(e) LAKE MEAD.—This section shall not apply
to any air tour operator while flying over or
near the Lake Mead National Recreation Area,
solely as a transportation route, to conduct an
air tour over the Grand Canyon National Park.
For purposes of this subsection, an air tour operator flying over the Hoover Dam in the Lake
Mead National Recreation Area en route to the
Grand Canyon National Park shall be deemed to
be flying solely as a transportation route.
(f) DEFINITIONS.—In this section, the following
definitions apply:
(1) COMMERCIAL AIR TOUR OPERATOR.—The
term ‘‘commercial air tour operator’’ means
any person who conducts a commercial air
tour operation over a national park.
(2) EXISTING COMMERCIAL AIR TOUR OPERATOR.—The term ‘‘existing commercial air tour
operator’’ means a commercial air tour operator that was actively engaged in the business
of providing commercial air tour operations
over a national park at any time during the
12-month period ending on the date of the enactment of this section.
(3) NEW ENTRANT COMMERCIAL AIR TOUR OPERATOR.—The term ‘‘new entrant commercial air

(4) COMMERCIAL AIR TOUR OPERATION OVER A
NATIONAL PARK.—
(A) IN GENERAL.—The term ‘‘commercial

(B) FACTORS TO CONSIDER.—In making a determination of whether a flight is a commercial air tour operation over a national park
for purposes of this section, the Administrator may consider—
(i) whether there was a holding out to
the public of willingness to conduct a
sightseeing flight for compensation or
hire;
(ii) whether a narrative that referred to
areas or points of interest on the surface
below the route of the flight was provided
by the person offering the flight;
(iii) the area of operation;
(iv) the frequency of flights conducted by
the person offering the flight;
(v) the route of flight;
(vi) the inclusion of sightseeing flights
as part of any travel arrangement package
offered by the person offering the flight;
(vii) whether the flight would have been
canceled based on poor visibility of the
surface below the route of the flight; and
(viii) any other factors that the Administrator and the Director consider appropriate.
(5) NATIONAL PARK.—The term ‘‘national
park’’ means any unit of the National Park
System.
(6) TRIBAL LANDS.—The term ‘‘tribal lands’’
means Indian country (as that term is defined
in section 1151 of title 18) that is within or
abutting a national park.
(7) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Federal Aviation Administration.

Page 771

TITLE 49—TRANSPORTATION

(8) DIRECTOR.—The term ‘‘Director’’ means
the Director of the National Park Service.
(Added Pub. L. 106–181, title VIII, § 803(a), Apr. 5,
2000, 114 Stat. 186; amended Pub. L. 108–176, title
III, § 323(a), Dec. 12, 2003, 117 Stat. 2541; Pub. L.
109–115, div. A, title I, § 177, Nov. 30, 2005, 119
Stat. 2427.)
REFERENCES IN TEXT
The date of the enactment of this section, referred to
in subsecs. (a)(4), (c)(2)(A), (3)(C), and (f)(2), is the date
of enactment of Pub. L. 106–181, which was approved
Apr. 5, 2000.
AMENDMENTS
2005—Subsec. (e). Pub. L. 109–115 inserted at end ‘‘For
purposes of this subsection, an air tour operator flying
over the Hoover Dam in the Lake Mead National Recreation Area en route to the Grand Canyon National
Park shall be deemed to be flying solely as a transportation route.’’
2003—Subsec. (a)(1). Pub. L. 108–176, § 323(a)(1), inserted ‘‘, as defined by this section,’’ after ‘‘tribal
lands’’ in introductory provisions.
Subsec. (b)(3)(A), (B). Pub. L. 108–176, § 323(a)(2), inserted ‘‘over a national park’’ after ‘‘operations’’.
Subsec. (b)(3)(C). Pub. L. 108–176, § 323(a)(3), inserted
‘‘over a national park that are also’’ after ‘‘operations’’.
Subsec. (b)(3)(D). Pub. L. 108–176, § 323(a)(4), substituted ‘‘over a national park’’ for ‘‘at the park’’.
Subsec. (b)(3)(E). Pub. L. 108–176, § 323(a)(5), inserted
‘‘over a national park’’ before ‘‘if the plan includes’’.
Subsec. (c)(2)(A)(i), (B). Pub. L. 108–176, § 323(a)(6), inserted ‘‘over a national park’’ after ‘‘operations’’.
Subsec. (f)(1). Pub. L. 108–176, § 323(a)(7), inserted
‘‘over a national park’’ after ‘‘operation’’.
Subsec. (f)(4). Pub. L. 108–176, § 323(a)(10), inserted
‘‘OVER A NATIONAL PARK’’ after ‘‘OPERATION’’ in heading.
Subsec. (f)(4)(A). Pub. L. 108–176, § 323(a)(8), in introductory provisions, substituted ‘‘commercial air tour
operation over a national park’’ for ‘‘commercial air
tour operation’’ and ‘‘park (except the Grand Canyon
National Park), or over tribal lands (except those within or abutting the Grand Canyon National Park),’’ for
‘‘park, or over tribal lands,’’.
Subsec. (f)(4)(B). Pub. L. 108–176, § 323(a)(9), inserted
‘‘over a national park’’ after ‘‘operation’’ in introductory provisions.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.
GRAND CANYON OVERFLIGHT RULES
Pub. L. 109–115, div. A, title I, § 177, Nov. 30, 2005, 119
Stat. 2427, provided in part that: ‘‘Nothing in this provision [amending this section] shall allow exemption
from overflight rules for the Grand Canyon.’’
QUIET TECHNOLOGY RULEMAKING FOR AIR TOURS OVER
GRAND CANYON NATIONAL PARK
Pub. L. 108–176, title III, § 323(b), Dec. 12, 2003, 117
Stat. 2541, provided that:
‘‘(1) DEADLINE FOR RULE.—No later than January 2005,
the Secretary of Transportation shall issue a final rule
to establish standards for quiet technology that are
reasonably achievable at Grand Canyon National Park,
based on the Supplemental Notice of Proposed Rule-

§ 40128

making on Noise Limitations for Aircraft Operations in
the Vicinity of Grand Canyon National Park, published
in the Federal Register on March 24, 2003.
‘‘(2) RESOLUTION OF DISPUTES.—Subject to applicable
administrative law and procedures, if the Secretary determines that a dispute among interested parties (including outside groups) or government agencies cannot
be resolved within a reasonable time frame and could
delay finalizing the rulemaking described in subsection
(a), or implementation of final standards under such
rule, due to controversy over adoption of quiet technology routes, establishment of incentives to encourage adoption of such routes, establishment of incentives to encourage adoption of quite technology, or
other measures to achieve substantial restoration of
natural quiet, the Secretary shall refer such dispute to
a recognized center for environmental conflict resolution.’’
NATIONAL PARKS AIR TOUR MANAGEMENT
Pub. L. 106–181, title VIII, Apr. 5, 2000, 114 Stat. 185,
as amended by Pub. L. 106–528, § 8(b), Nov. 22, 2000, 114
Stat. 2522, provided that:
‘‘SEC. 801. SHORT TITLE.
‘‘This title may be cited as the ‘National Parks Air
Tour Management Act of 2000’.
‘‘SEC. 802. FINDINGS.
‘‘Congress finds that—
‘‘(1) the Federal Aviation Administration has sole
authority to control airspace over the United States;
‘‘(2) the Federal Aviation Administration has the
authority to preserve, protect, and enhance the environment by minimizing, mitigating, or preventing
the adverse effects of aircraft overflights on public
and tribal lands;
‘‘(3) the National Park Service has the responsibility of conserving the scenery and natural and historic
objects and wildlife in national parks and of providing for the enjoyment of the national parks in ways
that leave the national parks unimpaired for future
generations;
‘‘(4) the protection of tribal lands from aircraft
overflights is consistent with protecting the public
health and welfare and is essential to the maintenance of the natural and cultural resources of Indian
tribes;
‘‘(5) the National Parks Overflights Working Group,
composed of general aviation, commercial air tour,
environmental, and Native American representatives,
recommended that the Congress enact legislation
based on the Group’s consensus work product; and
‘‘(6) this title reflects the recommendations made
by that Group.
‘‘SEC. 803. AIR TOUR MANAGEMENT PLANS FOR
NATIONAL PARKS.
‘‘(a) IN GENERAL.—[Enacted this section.]
‘‘(b) CONFORMING AMENDMENT.—[Amended analysis
for chapter 401 of this title.]
‘‘(c) COMPLIANCE WITH OTHER REGULATIONS.—For purposes of section 40128 of title 49, United States Code—
‘‘(1) regulations issued by the Secretary of Transportation and the Administrator [of the Federal
Aviation Administration] under section 3 of Public
Law 100–91 (16 U.S.C. 1a–1 note); and
‘‘(2) commercial air tour operations carried out in
compliance with the requirements of those regulations,
shall be deemed to meet the requirements of such section 40128.
‘‘SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR
GRAND CANYON.
‘‘(a) QUIET TECHNOLOGY REQUIREMENTS.—Within 12
months after the date of the enactment of this Act
[Apr. 5, 2000], the Administrator shall designate reasonably achievable requirements for fixed-wing and helicopter aircraft necessary for such aircraft to be considered as employing quiet aircraft technology for pur-

§ 40128

TITLE 49—TRANSPORTATION

poses of this section. If the Administrator determines
that the Administrator will not be able to make such
designation before the last day of such 12-month period,
the Administrator shall transmit to Congress a report
on the reasons for not meeting such time period and
the expected date of such designation.
‘‘(b) ROUTES OR CORRIDORS.—In consultation with the
Director and the advisory group established under section 805, the Administrator shall establish, by rule,
routes or corridors for commercial air tour operations
(as defined in section 40128(f) of title 49, United States
Code) by fixed-wing and helicopter aircraft that employ
quiet aircraft technology for—
‘‘(1) tours of the Grand Canyon originating in Clark
County, Nevada; and
‘‘(2) ‘local loop’ tours originating at the Grand Canyon National Park Airport, in Tusayan, Arizona,
provided that such routes or corridors can be located in
areas that will not negatively impact the substantial
restoration of natural quiet, tribal lands, or safety.
‘‘(c) OPERATIONAL CAPS.—Commercial air tour operations by any fixed-wing or helicopter aircraft that employs quiet aircraft technology and that replaces an existing aircraft shall not be subject to the operational
flight allocations that apply to other commercial air
tour operations of the Grand Canyon, provided that the
cumulative impact of such operations does not increase
noise at the Grand Canyon.
‘‘(d) MODIFICATION OF EXISTING AIRCRAFT TO MEET
STANDARDS.—A commercial air tour operation by a
fixed-wing or helicopter aircraft in a commercial air
tour operator’s fleet on the date of the enactment of
this Act [Apr. 5, 2000] that meets the requirements designated under subsection (a), or is subsequently modified to meet the requirements designated under subsection (a), may be used for commercial air tour operations under the same terms and conditions as a replacement aircraft under subsection (c) without regard
to whether it replaces an existing aircraft.
‘‘(e) MANDATE TO RESTORE NATURAL QUIET.—Nothing
in this Act [should be ‘‘this title’’] shall be construed
to relieve or diminish—
‘‘(1) the statutory mandate imposed upon the Secretary of the Interior and the Administrator of the
Federal Aviation Administration under Public Law
100–91 (16 U.S.C. 1a–1 note) to achieve the substantial
restoration of the natural quiet and experience at the
Grand Canyon National Park; and
‘‘(2) the obligations of the Secretary and the Administrator to promulgate forthwith regulations to
achieve the substantial restoration of the natural
quiet and experience at the Grand Canyon National
Park.
‘‘SEC. 805. ADVISORY GROUP.
‘‘(a) ESTABLISHMENT.—Not later than 1 year after the
date of the enactment of this Act [Apr. 5, 2000], the Administrator [of the Federal Aviation Administration]
and the Director of the National Park Service shall
jointly establish an advisory group to provide continuing advice and counsel with respect to commercial air
tour operations over and near national parks.
‘‘(b) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The advisory group shall be composed of—
‘‘(A) a balanced group of—
‘‘(i) representatives of general aviation;
‘‘(ii) representatives of commercial air tour operators;
‘‘(iii) representatives of environmental concerns; and
‘‘(iv) representatives of Indian tribes;
‘‘(B) a representative of the Federal Aviation Administration; and
‘‘(C) a representative of the National Park Service.
‘‘(2) EX OFFICIO MEMBERS.—The Administrator (or
the designee of the Administrator) and the Director
(or the designee of the Director) shall serve as ex officio members.

Page 772

‘‘(3) CHAIRPERSON.—The representative of the Federal Aviation Administration and the representative
of the National Park Service shall serve alternating
1-year terms as chairman of the advisory group, with
the representative of the Federal Aviation Administration serving initially until the end of the calendar
year following the year in which the advisory group
is first appointed.
‘‘(c) DUTIES.—The advisory group shall provide advice, information, and recommendations to the Administrator and the Director—
‘‘(1) on the implementation of this title and the
amendments made by this title;
‘‘(2) on commonly accepted quiet aircraft technology for use in commercial air tour operations over
a national park or tribal lands, which will receive
preferential treatment in a given air tour management plan;
‘‘(3) on other measures that might be taken to accommodate the interests of visitors to national
parks; and
‘‘(4) at the request of the Administrator and the Director, safety, environmental, and other issues related to commercial air tour operations over a national
park or tribal lands.
‘‘(d) COMPENSATION; SUPPORT; FACA.—
‘‘(1) COMPENSATION AND TRAVEL.—Members of the
advisory group who are not officers or employees of
the United States, while attending conferences or
meetings of the group or otherwise engaged in its
business, or while serving away from their homes or
regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States
Code, for persons in the Government service employed intermittently.
‘‘(2) ADMINISTRATIVE SUPPORT.—The Federal Aviation Administration and the National Park Service
shall jointly furnish to the advisory group clerical
and other assistance.
‘‘(3) NONAPPLICATION OF FACA.—Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) does
not apply to the advisory group.
‘‘SEC. 806. PROHIBITION OF COMMERCIAL AIR
TOUR OPERATIONS OVER THE ROCKY MOUNTAIN NATIONAL PARK.
‘‘Effective beginning on the date of the enactment of
this Act [Apr. 5, 2000], no commercial air tour operation
may be conducted in the airspace over the Rocky
Mountain National Park notwithstanding any other
provision of this Act or section 40128 of title 49, United
States Code.
‘‘SEC. 807. REPORTS.
‘‘(a) OVERFLIGHT FEE REPORT.—Not later than 180
days after the date of the enactment of this Act [Apr.
5, 2000], the Administrator [of the Federal Aviation Administration] shall transmit to Congress a report on
the effects overflight fees are likely to have on the
commercial air tour operation industry. The report
shall include, but shall not be limited to—
‘‘(1) the viability of a tax credit for the commercial
air tour operators equal to the amount of any overflight fees charged by the National Park Service; and
‘‘(2) the financial effects proposed offsets are likely
to have on Federal Aviation Administration budgets
and appropriations.
‘‘(b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not later
than 2 years after the date of the enactment of this
Act, the Administrator and the Director of the National Park Service shall jointly transmit a report to
Congress on the effectiveness of this title in providing
incentives for the development and use of quiet aircraft
technology.
‘‘SEC. 808. METHODOLOGIES USED TO ASSESS AIR
TOUR NOISE.
‘‘Any methodology adopted by a Federal agency to
assess air tour noise in any unit of the national park
system (including the Grand Canyon and Alaska) shall
be based on reasonable scientific methods.

Page 773

TITLE 49—TRANSPORTATION

‘‘SEC. 809. ALASKA EXEMPTION.
‘‘The provisions of this title and section 40128 of title
49, United States Code, as added by section 803(a), do
not apply to any land or waters located in Alaska.’’

§ 40129. Collaborative decisionmaking pilot program
(a) ESTABLISHMENT.—Not later than 90 days
after the date of enactment of this section, the
Administrator of the Federal Aviation Administration shall establish a collaborative decisionmaking pilot program in accordance with this
section.
(b) DURATION.—Except as provided in subsection (k), the pilot program shall be in effect
for a period of 2 years.
(c) GUIDELINES.—
(1) ISSUANCE.—The Administrator, with the
concurrence of the Attorney General, shall
issue guidelines concerning the pilot program.
Such guidelines, at a minimum, shall—
(A) define a capacity reduction event;
(B) establish the criteria and process for
determining when a capacity reduction
event exists that warrants the use of collaborative decisionmaking among carriers at
airports participating in the pilot program;
and
(C) prescribe the methods of communication to be implemented among carriers during such an event.
(2) VIEWS.—The Administrator may obtain
the views of interested parties in issuing the
guidelines.
(d) EFFECT OF DETERMINATION OF EXISTENCE OF
CAPACITY REDUCTION EVENT.—Upon a determination by the Administrator that a capacity reduction event exists, the Administrator may authorize air carriers and foreign air carriers operating at an airport participating in the pilot
program to communicate for a period of time
not to exceed 24 hours with each other concerning changes in their respective flight schedules
in order to use air traffic capacity most effectively. The Administration shall facilitate and
monitor such communication. The Attorney
General, or the Attorney General’s designee,
may monitor such communication.
(e) SELECTION OF PARTICIPATING AIRPORTS.—
Not later than 30 days after the date on which
the Administrator establishes the pilot program, the Administrator shall select 2 airports
to participate in the pilot program from among
the most capacity-constrained airports in the
Nation based on the Administration’s Airport
Capacity Benchmark Report 2001 or more recent
data on airport capacity that is available to the
Administrator. The Administrator shall select
an airport for participation in the pilot program
if the Administrator determines that collaborative decisionmaking among air carriers and
foreign air carriers would reduce delays at the
airport and have beneficial effects on reducing
delays in the national airspace system as a
whole.
(f) ELIGIBILITY OF AIR CARRIERS.—An air carrier or foreign air carrier operating at an airport
selected to participate in the pilot program is
eligible to participate in the pilot program if the
Administrator determines that the carrier has

§ 40129

the operational and communications capability
to participate in the pilot program.
(g) MODIFICATION OR TERMINATION OF PILOT
PROGRAM AT AN AIRPORT.—The Administrator,
with the concurrence of the Attorney General,
may modify or end the pilot program at an airport before the term of the pilot program has expired, or may ban an air carrier or foreign air
carrier from participating in the program, if the
Administrator determines that the purpose of
the pilot program is not being furthered by participation of the airport or air carrier or if the
Secretary of Transportation, with the concurrence of the Attorney General, finds that the
pilot program or the participation of an air carrier or foreign air carrier in the pilot program
has had, or is having, an adverse effect on competition among carriers.
(h) ANTITRUST IMMUNITY.—
(1) IN GENERAL.—Unless, within 5 days after
receiving notice from the Secretary of the
Secretary’s intention to exercise authority
under this subsection, the Attorney General
submits to the Secretary a written objection
to such action, including reasons for such objection, the Secretary may exempt an air carrier’s or foreign air carrier’s activities that
are necessary to participate in the pilot program under this section from the antitrust
laws for the sole purpose of participating in
the pilot program. Such exemption shall not
extend to any discussions, agreements, or activities outside the scope of the pilot program.
(2) ANTITRUST LAWS DEFINED.—In this section, the term ‘‘antitrust laws’’ has the meaning given that term in the first section of the
Clayton Act (15 U.S.C. 12).
(i) CONSULTATION WITH ATTORNEY GENERAL.—
The Secretary shall consult with the Attorney
General regarding the design and implementation of the pilot program, including determining
whether a limit should be set on the number of
occasions collaborative decisionmaking could be
employed during the initial 2-year period of the
pilot program.
(j) EVALUATION.—
(1) IN GENERAL.—Before the expiration of the
2-year period for which the pilot program is
authorized under subsection (b), the Administrator shall determine whether the pilot program has facilitated more effective use of air
traffic capacity and the Secretary, with the
concurrence of the Attorney General, shall determine whether the pilot program has had an
adverse effect on airline competition or the
availability of air services to communities.
The Administrator shall also examine whether
capacity benefits resulting from the participation in the pilot program of an airport resulted in capacity benefits to other parts of
the national airspace system.
(2) OBTAINING NECESSARY DATA.—The Administrator may require participating air carriers
and airports to provide data necessary to
evaluate the pilot program’s impact.
(k) EXTENSION OF PILOT PROGRAM.—At the end
of the 2-year period for which the pilot program
is authorized, the Administrator, with the concurrence of the Attorney General, may continue
the pilot program for an additional 2 years and

§ 41101

TITLE 49—TRANSPORTATION

expand participation in the program to up to 7
additional airports if the Administrator determines pursuant to subsection (j) that the pilot
program has facilitated more effective use of air
traffic capacity and if the Secretary, with the
concurrence of the Attorney General, determines that the pilot program has had no adverse
effect on airline competition or the availability
of air services to communities. The Administrator shall select the additional airports to participate in the extended pilot program in the
same manner in which airports were initially selected to participate.
(Added Pub. L. 108–176, title IV, § 423(a), Dec. 12,
2003, 117 Stat. 2552.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (a), is the date of enactment of Pub. L. 108–176,
which was approved Dec. 12, 2003.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.
SUBPART II—ECONOMIC REGULATION

(b) THROUGH SERVICE AND JOINT TRANSPORTATION.—A citizen of the United States providing transportation in a State of passengers or
property as a common carrier for compensation
with aircraft capable of carrying at least 30 passengers, under authority granted by the appropriate State authority—
(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 sections 41309 and 42111 of this
title, may make an agreement with an air carrier or foreign air carrier to provide the joint
transportation.
(c) PROPRIETARY OR EXCLUSIVE RIGHT NOT CONFERRED.—A certificate issued under this chapter
does not confer a proprietary or exclusive right
to use airspace, an airway of the United States,
or an air navigation facility.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1118.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41101(a)(1) ..

49 App.:1371(a).

41101(a)(2) ..

49 App.:1301(14) (related to certificate).

41101(a)(3) ..
41101(b) ......

(no source).
49 App.:1371(d)
(4)(A)(i), (ii) (related to joint
services).

41101(c) ......

49 App.:1371(i).

CHAPTER 411—AIR CARRIER CERTIFICATES
Sec.

41101.
41102.
41103.
41104.
41105.
41106.
41107.
41108.
41109.
41110.

41111.
41112.
41113.

Requirement for a certificate.
General, temporary, and charter air transportation certificates of air carriers.
All-cargo air transportation certificates of
air carriers.
Additional limitations and requirements of
charter air carriers.
Transfers of certificates.
Airlift service.
Transportation of mail.
Applications for certificates.
Terms of certificates.
Effective periods and amendments, modifications, suspensions, and revocations of certificates.
Simplified procedure to apply for, amend,
modify, suspend, and transfer certificates.
Liability insurance and financial responsibility.
Plans to address needs of families of passengers involved in aircraft accidents.
AMENDMENTS

1996—Pub. L. 104–264, title VII, § 703(b), Oct. 9, 1996, 110
Stat. 3268, added item 41113.

§ 41101. Requirement for a certificate
(a) GENERAL.—Except as provided in this chapter or another law—
(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.

Page 774

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 401(a), (i), 72 Stat. 754,
756.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 101(14) (related
to
certificate);
added Oct. 24, 1978, Pub. L.
95–504, § 2(a)(1), 92 Stat.
1705.
Aug. 23, 1958, Pub. L. 85–726,
72
Stat.
731,
§ 401(d)
(4)(A)(i), (ii) (related to
joint services); added Nov.
9, 1977, Pub. L. 95–163, § 9,
91 Stat. 1281; restated Oct.
24, 1978, Pub. L. 95–504, § 9,
92 Stat. 1713.

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.

Page 775

TITLE 49—TRANSPORTATION

§ 41102. General, temporary, and charter air
transportation certificates of air carriers
(a) ISSUANCE.—The Secretary of Transportation may issue a certificate of public convenience and necessity to a citizen of the United
States authorizing the citizen to provide any
part of the following air transportation the citizen has applied for under section 41108 of this
title:
(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) FINDINGS REQUIRED FOR ISSUANCE.—(1) Before issuing a certificate under subsection (a) of
this section, the Secretary must find that the
citizen is fit, willing, and able to provide the
transportation to be authorized by the certificate and to comply with this part and regulations of the Secretary.
(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) TEMPORARY CERTIFICATES.—The Secretary
may issue a certificate under subsection (a) of
this section for interstate air transportation
(except the transportation of passengers) or foreign air transportation for a temporary period
of time (whether the application is for permanent or temporary authority) when the Secretary decides that a test period is desirable—
(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) FOREIGN AIR TRANSPORTATION.—The Secretary shall submit each decision authorizing
the provision of foreign air transportation to
the President under section 41307 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1119.)
HISTORICAL AND REVISION NOTES
Revised
Section
41102(a) ......

Source (U.S. Code)
49 App.:1371(d)(1)
(words before 1st
comma and after
semicolon), (2)
(1st–32d words).
49 App.:1371(d)(3)
(words before 6th
comma).

49 App.:1551(b)(1)(E).

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).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 401(d)(1), (2), 72 Stat. 755;
Oct. 24, 1978, Pub. L.
95–504, § 8, 92 Stat. 1712; restated Feb. 15, 1980, Pub.
L. 96–192, § 4, 94 Stat. 37.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(d)(3);
added July 10, 1962, Pub.
L. 87–528, § 2, 76 Stat. 143;
Oct. 24, 1978, Pub. L.
95–504, § 8, 92 Stat. 1712; restated Feb. 15, 1980, Pub.
L. 96–192, § 4, 94 Stat. 37.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)
(1)(E); added Oct. 4, 1984,
Pub. L. 98–443, § 3(e), 98
Stat. 1704.

§ 41103

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

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).

41102(c) ......

41102(d) ......

49 App.:1551(b)(1)(E).
49 App.:1371(d)(8)
(1st sentence).

Source (Statutes at Large)

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)
(1)(A), (B); added Oct. 24,
1978, Pub. L. 95–504, § 40(a),
92 Stat. 1744.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(d)(8) (1st
sentence); added Oct. 24,
1978, Pub. L. 95–504, § 13, 92
Stat. 1718.

49 App.:1551(a)(1)(B),
(b)(1)(E).
(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) APPLICATIONS.—A citizen of the United
States may apply to the Secretary of Transportation for a certificate authorizing the citizen to
provide all-cargo air transportation. The application must contain information and be in the
form the Secretary by regulation requires.
(b) ISSUANCE.—Not later than 180 days after an
application for a certificate is filed under this
section, the Secretary shall issue the certificate
to a citizen of the United States authorizing the
citizen, as an air carrier, to provide any part of

§ 41104

TITLE 49—TRANSPORTATION

the all-cargo air transportation applied for unless the Secretary finds that the citizen is not
fit, willing, and able to provide the all-cargo air
transportation to be authorized by the certificate and to comply with regulations of the Secretary.
(c) TERMS.—The Secretary may impose terms
the Secretary considers necessary when issuing
a certificate under this section. However, the
Secretary may not impose terms that restrict
the places served or prices charged by the holder
of the certificate.
(d) EXEMPTIONS AND STATUS.—A citizen issued
a certificate under this section—
(1) is exempt in providing the transportation
under the certificate from the requirements
of—
(A) section 41101(a)(1) of this title and regulations or procedures prescribed under section 41101(a)(1); and
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1119;
Pub. L. 103–429, § 6(49), Oct. 31, 1994, 108 Stat.
4384.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
41103(a) ......

Source (U.S. Code)
49 App.:1388(a)(4).

49 App.:1551(b)(1)(E).

41103(b) ......

49 App.:1388(b)(1)(B).

41103(c) ......

49 App.:1551(b)(1)(E).
49 App.:1388(b)(2).

41103(d)(1) ..

49
49
49
49

41103(d)(2) ..

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 418(a)(4);
added Nov. 9, 1977, Pub. L.
95–163, § 17(a), 91 Stat. 1285;
Mar. 14, 1978, Pub. L.
95–245, § 1, 92 Stat. 156.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b) (1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 418(b)(1)(B);
added Nov. 9, 1977, Pub. L.
95–163, § 17(a), 91 Stat. 1285;
Mar. 14, 1978, Pub. L.
95–245, § 3, 92 Stat. 156.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 418(b)(2), (c),
(d); added Nov. 9, 1977,
Pub. L. 95–163, § 17(a), 91
Stat. 1285.

App.:1551(b)(1)(E).
App.:1388(c).
App.:1551(b)(1)(E).
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.

Page 776

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). Pub. L. 103–429 substituted ‘‘allcargo’’ for ‘‘all-property’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

§ 41104. Additional limitations and requirements
of charter air carriers
(a) RESTRICTIONS.—The Secretary of Transportation may prescribe a regulation or issue an
order restricting the marketability, flexibility,
accessibility, or variety of charter air transportation provided under a certificate issued under
section 41102 of this title only to the extent required by the public interest. A regulation prescribed or order issued under this subsection
may not be more restrictive than a regulation
related to charter air transportation that was in
effect on October 1, 1978.
(b) SCHEDULED OPERATIONS.—
(1) IN GENERAL.—Except as provided in paragraphs (3) and (4), an air carrier, including an
indirect air carrier, may not provide, in aircraft designed for more than 9 passenger seats,
regularly scheduled charter air transportation, for which the public is provided in advance a schedule containing the departure location, departure time, and arrival location of
the flight, to or from an airport that—
(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) DEFINITION.—In this paragraph, the term
‘‘regularly scheduled charter air transportation’’ does not include operations for which
the departure time, departure location, and
arrival location are specifically negotiated
with the customer or the customer’s representative.
(3) EXCEPTION.—This subsection does not
apply to any airport in the State of Alaska or
to any airport outside the United States.
(4) WAIVERS.—The Secretary may waive the
application of paragraph (1)(B) in cases in

Page 777

which the Secretary determines that the public interest so requires.
(c) ALASKA.—An air carrier holding a certificate issued under section 41102 of this title may
provide charter air transportation between
places in Alaska only to the extent the Secretary decides the transportation is required by
public convenience and necessity. The Secretary
may make that decision when issuing, amending, or modifying the certificate. This subsection does not apply to a certificate issued
under section 41102 to a citizen of the United
States who, before July 1, 1977—
(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) SUSPENSIONS.—(1) The Secretary shall suspend for not more than 30 days any part of the
certificate of a charter air carrier if the Secretary decides that the failure of the carrier to
comply with the requirements described in sections 41110(e) and 41112 of this title, or a regulation or order of the Secretary under section
41110(e) or 41112, requires immediate suspension
in the interest of the rights, welfare, or safety of
the public. The Secretary may act under this
paragraph without notice or a hearing.
(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 sections 41110(e) and
41112 of this title and regulations and orders
under sections 41110(e) and 41112, the Secretary
immediately may end the suspension period and
proceeding begun under this subsection. However, the Secretary is not prevented from imposing a civil penalty on the carrier for violating
the requirements described in section 41110(e) or
41112 or a regulation or order under section
41110(e) or 41112.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1120;
Pub. L. 106–181, title VII, § 723, Apr. 5, 2000, 114
Stat. 165; Pub. L. 106–528, § 8(c), Nov. 22, 2000, 114
Stat. 2522; Pub. L. 108–176, title VIII, § 822, Dec.
12, 2003, 117 Stat. 2594.)
HISTORICAL AND REVISION NOTES
Revised
Section
41104(a) ......

Source (U.S. Code)
49 App.:1371(n)(2),
(4).

49 App.:1551(a)(1)(E)
(related to 49
App.:1371(n)(4)).
49 App.:1551(b)(1)(E).

41104(b) ......

§ 41104

TITLE 49—TRANSPORTATION

49 App.:1371(n)(3).
49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(n)(2)–(4);
added July 10, 1962, Pub.
L. 87–528, § 4, 76 Stat. 144;
restated Oct. 24, 1978, Pub.
L. 95–504, § 20(b), 92 Stat.
1721.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(1)(E)
(related
to
§ 401(n)(4));
added Oct. 24, 1978, Pub. L.
95–504, § 40(a), 92 Stat. 1744.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b) (1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

41104(c) ......

49 App.:1371(n)(5).

49 App.:1371(n)(6).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(n)(5);
added July 10, 1962, Pub.
L. 87–528, § 4, 76 Stat. 145;
Oct. 24, 1978, Pub. L.
95–504, § 20(c), 92 Stat. 1722.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(n)(6);
added July 10, 1962, Pub.
L. 87–528, § 4, 76 Stat. 145.

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). Pub. L. 108–176, § 822(a), inserted a
comma after ‘‘regularly scheduled charter air transportation’’, substituted ‘‘paragraphs (3) and (4)’’ for ‘‘paragraph (3)’’ and ‘‘flight, to or from an airport that—’’ for
‘‘flight unless such air transportation is to and from an
airport that has an airport operating certificate issued
under part 139 of title 14, Code of Federal Regulations
(or any subsequent similar regulation).’’, and added
subpars. (A) and (B).
Subsec. (b)(4). Pub. L. 108–176, § 822(b), added par. (4).
2000—Subsec. (b). Pub. L. 106–181, § 723(2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (b)(1). Pub. L. 106–528, § 8(c)(1), added par. (1)
and struck out heading and text of former par. (1). Text
read as follows: ‘‘An air carrier, including an indirect
air carrier, which operates aircraft designed for more
than nine passenger seats, may not provide regularly
scheduled charter air transportation for which the general public is provided in advance a schedule containing
the departure location, departure time, and arrival location of the flights to or from an airport that is not
located in Alaska and that does not have an operating
certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulations).’’
Subsec. (b)(3). Pub. L. 106–528, § 8(c)(2), added par. (3).
Subsecs. (c), (d). Pub. L. 106–181, § 723(1), redesignated
subsecs. (b) and (c) as (c) and (d), respectively.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENTS
Amendment by Pub. L. 106–528 effective 30 days after
Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as
a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of

§ 41105

TITLE 49—TRANSPORTATION

Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 41105. Transfers of certificates
(a) GENERAL.—A certificate issued under section 41102 of this title may be transferred only
when the Secretary of Transportation approves
the transfer as being consistent with the public
interest.
(b) CERTIFICATION TO CONGRESS.—When a certificate is transferred, the Secretary shall certify to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives that the transfer is
consistent with the public interest. The Secretary shall include with the certification a report analyzing the effects of the transfer on—
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1121;
Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389.)
HISTORICAL AND REVISION NOTES
Revised
Section
41105(a) ......

Source (U.S. Code)
49 App.:1371(h)(1).

49 App.:1551(b)(1)(E).

41105(b) ......

49 App.:1371(h)(2),
(3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 401(h)(1), 72 Stat. 756;
Nov. 5, 1990, Pub. L.
101–508, § 9127(1), 104 Stat.
1388–371.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(h)(2), (3);
added Nov. 5, 1990, Pub. L.
101–508, § 9127(2), 104 Stat.
1388–371.

AMENDMENTS
1996—Subsec. (b). Pub. L. 104–287 substituted ‘‘Transportation and Infrastructure’’ for ‘‘Public Works and
Transportation’’.

§ 41106. Airlift service
(a) INTERSTATE TRANSPORTATION.—(1) Except
as provided in subsection (d) of this section, the
transportation of passengers or property by
transport category aircraft in interstate air
transportation obtained by the Secretary of Defense or the Secretary of a military department
through a contract for airlift service in the
United States may be provided only by an air
carrier that—
(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 section
41102 of this title.
(2) The Secretary of Transportation shall act
as expeditiously as possible on an application
for a certificate under section 41102 of this title
to provide airlift service.
(b) TRANSPORTATION BETWEEN THE UNITED
STATES AND FOREIGN LOCATIONS.—Except as provided in subsection (d), the transportation of
passengers or property by transport category
aircraft between a place in the United States
and a place outside the United States obtained

Page 778

by the Secretary of Defense or the Secretary of
a military department through a contract for
airlift service shall be provided by an air carrier
referred to in subsection (a).
(c) TRANSPORTATION BETWEEN FOREIGN LOCATIONS.—The transportation of passengers or
property by transport category aircraft between
two places outside the United States obtained
by the Secretary of Defense or the Secretary of
a military department through a contract for
airlift service shall be provided by an air carrier
that has aircraft in the civil reserve air fleet
whenever transportation by such an air carrier
is reasonably available.
(d) EXCEPTION.—When the Secretary of Defense
decides that no air carrier holding a certificate
under section 41102 is capable of providing, and
willing to provide, the airlift service, the Secretary of Defense may make a contract to provide the service with an air carrier not having a
certificate.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1121;
Pub. L. 106–398, § 1 [[div. A], title III, § 385(a), (b)],
Oct. 30, 2000, 114 Stat. 1654, 1654A–87.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41106 ..........

49 App.:1371(o).

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(o); added
July 12, 1976, Pub. L.
94–353, § 18(a), 90 Stat. 883.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

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
2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title III,
§ 385(a)(1), (b)], in heading substituted ‘‘Interstate
Transportation’’ for ‘‘General’’ and in introductory
provisions of par. (1), substituted ‘‘Except as provided
in subsection (d) of this section,’’ for ‘‘Except as provided in subsection (b) of this section,’’ and struck out
‘‘of at least 31 days’’ after ‘‘through a contract’’.
Subsecs. (b) to (d). Pub. L. 106–398, § 1 [[div. A], title
III, § 385(a)(2), (3)], added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–398, § 1 [[div. A], title III, § 385(c)], Oct. 30,
2000, 114 Stat. 1654, 1654A–87, provided that: ‘‘The
amendments made by this section [amending this section] shall take effect on October 1, 2000.’’

§ 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

Page 779

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 section 41102 of this title, or amend
or modify an existing certificate under section
41110(a)(2)(A) of this title, to provide the additional transportation and facilities if the Secretary finds the additional transportation is required by the public convenience and necessity.
(Pub. L. 103–272, §§ 1(e), 4(k)(1), July 5, 1994, 108
Stat. 1121, 1370; Pub. L. 106–31, title VI, § 6003,
May 21, 1999, 113 Stat. 113.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272, § 1(e)
Revised
Section
41107 ..........

Source (U.S. Code)
49 App.:1371(m).
49 App.:1551(a)(4)(A)
(related to 49
App.:1371(m)),
(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 401(m), 72 Stat. 757.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(4)(A)
(related
to
§ 401(m)),
(b)(1)(E); added Oct. 4,
1984, Pub. L. 98–443, § 3(c),
(e), 98 Stat. 1703, 1704.

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 (Public Law 85–726, 72 Stat. 757) because of sections
4(a) and 6(o) of the Postal Reorganization Act (Public
Law 91–375, 84 Stat. 773, 783). The words ‘‘in foreign air
transportation or between places in Alaska’’ are substituted for ‘‘between any points within the United
States or between the United States and foreign countries’’ for consistency in the revised title and because
49 App.:1551(a)(4)(A) provides that 49 App.:1371(m) no
longer applies to interstate or overseas air transportation (except transportation of mail between 2 places
in Alaska). In addition, Congress did not intend to
maintain the regulation of domestic air transportation
of mail. 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 ‘‘currently’’ is omitted as surplus. The
words ‘‘opportunity for a’’ are added for consistency in
the revised title and with other titles of the United
States Code. The words ‘‘or certificates’’ are omitted as
surplus because of 1:1. The word ‘‘modify’’ is added for
consistency in the revised title.
PUB. L. 103–272, § 4(k)
Revised
Section
41107 ..........

§ 41108

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1551(a)(8).

49 App.:1551(b)(3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(8);
added Oct. 4, 1984, Pub. L.
98–443, § 3(c), 98 Stat. 1704;
Sept. 30, 1988, Pub. L.
100–457, § 346 (related to
§ 1601(a)(8)
of
Federal
Aviation Act of 1958), 102
Stat. 2155.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(3);
added Oct. 4, 1984, Pub. L.
98–443, § 3(f), 98 Stat. 1704;
Sept. 30, 1988, Pub. L.
100–457, § 346 (related to
§ 1601(b)(3)
of
Federal
Aviation Act of 1958), 102
Stat. 2155.

Section 4(k) reflects amendments to the restatement
required by section 1601(a)(8) of the Federal Aviation
Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by
section 3(c) of the Civil Aeronautics Board Sunset Act
of 1984 (Public Law 98–443, 98 Stat. 1704), and section
1601(b)(3) of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 731), as added by section 3(f) of the

Civil Aeronautics Board Sunset Act of 1984 (Public Law
98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the
authority under 49 App.:1371(l) and (m) and 1375(b)–(d)
as those sections relate to transportation of mail by
aircraft between places in Alaska (restated in sections
41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority
for prescribing rates for transportation of mail between
places in Alaska from the Secretary of Transportation
to the Postal Service effective January 1, 1999.
AMENDMENTS
1999—Pub. L. 106–31 repealed Pub. L. 103–272, § 4(k).
See 1994 Amendment note below.
1994—Pub. L. 103–272, § 4(k)(1), which directed the
amendment of this section by substituting ‘‘foreign air
transportation,’’ for ‘‘foreign air transportation or between places in Alaska,’’, effective Jan. 1, 1999, was repealed by Pub. L. 106–31, § 6003, effective Dec. 31, 1998.
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106–31, title VI, § 6003, May 21, 1999, 113 Stat.
113, provided that the amendment made by section 6003
is effective Dec. 31, 1998.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 4(k) of Pub. L. 103–272 which provided that
the amendments made by that section (amending this
section and sections 41901, 41902, and 41903 of this title)
were effective Jan. 1, 1999, was repealed by Pub. L.
106–31, title VI, § 6003, May 21, 1999, 113 Stat. 113, effective Dec. 31, 1998.

§ 41108. Applications for certificates
(a) FORM, CONTENTS, AND PROOF OF SERVICE.—
To be issued a certificate of public convenience
and necessity under section 41102 of this title, a
citizen of the United States must apply to the
Secretary of Transportation. The application
must—
(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) NOTICE,
CATIONS.—(1)

RESPONSE, AND ACTIONS ON APPLIWhen 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 certificate. Not later than 90 days after the application
is filed, the Secretary shall—
(A) provide an opportunity for a public hearing on the application;
(B) begin the procedure under section 41111
of this title; or
(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 section 46110 of this title.
(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 deci-

§ 41109

TITLE 49—TRANSPORTATION

sion 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
section 46110 of this title; and
(B) foreign air transportation shall be submitted to the President under section 41307 of
this title.
(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) PROOF REQUIREMENTS.—(1) A citizen applying for a certificate must prove that the citizen
is fit, willing, and able to provide the transportation referred to in section 41102 of this title
and to comply with this part.
(2) A person opposing a citizen applying for a
certificate must prove that the transportation
referred to in section 41102(b)(2) of this title is
not consistent with the public convenience and
necessity. The transportation is deemed to be
consistent with the public convenience and necessity unless the Secretary finds, by a preponderance of the evidence, that the transportation
is not consistent with the public convenience
and necessity.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1121.)
HISTORICAL AND REVISION NOTES
Revised
Section
41108(a) ......

Source (U.S. Code)
49 App.:1371(b).

49 App.:1551(b)(1)(E).

41108(b) ......

49 App.:1371(c).

41108(c) ......

49 App.:1551(b)(1)(E).
49 App.:1371(d)(9).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 401(b), 72 Stat. 754; Oct.
24, 1978, Pub. L. 95–504, § 6,
92 Stat. 1710.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
401(c), 72 Stat. 754; restated Oct. 24, 1978, Pub.
L. 95–504, § 7(a), 92 Stat.
1711.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(d)(9);
added Oct. 24, 1978, Pub. L.
95–504, § 14, 92 Stat. 1719.

49 App.:1551(b)(1)(E).

In subsection (a), the words ‘‘of public convenience
and necessity under section 41102 of this title’’ are
added for clarity.
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

Page 780

(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) GENERAL.—(1) Each certificate issued under
section 41102 of this title shall specify the type
of transportation to be provided.
(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 section 41102 of
this title to provide foreign air transportation
shall specify the places between which the air
carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify
each general route to be followed. The Secretary
shall authorize an air carrier holding a certificate to provide foreign air transportation to
handle and transport mail of countries other
than the United States.
(4) A certificate issued under section 41102 of
this title to provide foreign charter air transportation shall specify the places between which
the air carrier is authorized to provide the

Page 781

transportation only to the extent the Secretary
considers practicable and otherwise only shall
specify each geographical area in which, or between which, the transportation may be provided.
(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) MODIFYING TERMS.—(1) An air carrier may
file with the Secretary an application to modify
any term of its certificate issued under section
41102 of this title to provide interstate or foreign
air transportation. Not later than 60 days after
an application is filed, the Secretary shall—
(A) provide the carrier an opportunity for an
oral evidentiary hearing on the record; or
(B) begin to consider the application under
section 41111 of this title.
(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 section 41108(b)(1)(C) of
this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1123;
Pub. L. 104–287, § 5(70), Oct. 11, 1996, 110 Stat.
3396.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
41109(a)(1) ..

49 App.:1371(e)(1)
(words before
semicolon).

49 App.:1371(e)(1)
(words after semicolon).
49 App.:1371(e)(4).

49 App.:1551(b)(1)(E).

41109(a)(3) ..

49 App.:1371(e)(2).

41109(a)(4) ..

49
49
49
49

41109(b) ......

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
(Public Law 103–272, 108 Stat. 1123).
AMENDMENTS

Source (U.S. Code)

49 App.:1551(a)(1)(C).

41109(a)(2) ..

§ 41110

TITLE 49—TRANSPORTATION

App.:1551(b)(1)(E).
App.:1371(e)(3).
App.:1551(b)(1)(E).
App.:1371(e)(7)(B).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 401(e)(1), 72 Stat. 755; restated July 10, 1962, Pub.
L. 87–528, § 3, 76 Stat. 143.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(1)(C);
added Oct. 24, 1978, Pub. L.
95–504, § 40(a), 92 Stat. 1744.

Aug. 23, 1958, Pub. L. 85–726,
§ 401(e)(3), (4), 72 Stat. 755;
restated July 10, 1962,
Pub. L. 87–528, § 3, 76 Stat.
143; Oct. 24, 1978, Pub. L.
95–504, § 15(a), (b), 92 Stat.
1719.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
§ 401(e)(2), 72 Stat. 755; restated July 10, 1962, Pub.
L. 87–528, § 3, 76 Stat. 143;
Feb. 15, 1980, Pub. L.
96–192, § 5, 94 Stat. 37.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(e)(7)(B);
added Oct. 24, 1978, Pub. L.
95–504, § 16, 92 Stat. 1720.

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

1996—Subsec. (a)(5). Pub. L. 104–287 added par. (5).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–287 effective July 5, 1994,
see section 8(1) of Pub. L. 104–287, set out as a note
under section 5303 of this title.

§ 41110. Effective periods and amendments, modifications, suspensions, and revocations of
certificates
(a) GENERAL.—(1) Each certificate issued under
section 41102 of this title is effective from the
date specified in it and remains in effect until—
(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 section
41102(a)(2) of this title; or
(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 section 41111 of this
title, the Secretary may—
(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,

§ 41110

TITLE 49—TRANSPORTATION

41504, 41506, 41510, 41511, 41701, 41702, 41705–41709,
41711, 41712, and 41731–41742, chapter 419, subchapter II of chapter 421, and section 46301(b)
of this title, a regulation or order of the Secretary under any of those provisions, or a term
of its certificate.
(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 section 41111 of this
title if the holder of the certificate requests an
oral evidentiary hearing or the Secretary finds,
under all the facts and circumstances, that the
hearing is required in the public interest.
(b) ALL-CARGO AIR TRANSPORTATION.—The Secretary may order that a certificate issued under
section 41103 of this title authorizing all-cargo
air transportation is ineffective if, after notice
and an opportunity for a hearing, the Secretary
finds that the transportation is not provided to
the minimum extent specified by the Secretary.
(c) FOREIGN AIR TRANSPORTATION.—(1) Notwithstanding subsection (a)(2)–(4) of this section, after notice and a reasonable opportunity
for the affected air carrier to present its views,
but without a hearing, the Secretary may suspend or revoke the authority of an air carrier to
provide foreign air transportation to a place
under a certificate issued under section 41102 of
this title if the carrier—
(A) notifies the Secretary, under section
41734(a) of this title or a regulation of the Secretary, that it intends to suspend all transportation to that place; or
(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) TEMPORARY CERTIFICATES.—On application
or on the initiative of the Secretary, the Secretary may—
(1) review the performance of an air carrier
issued a certificate under section 41102(c) of
this title on the basis that the air carrier will
provide innovative or low-priced air transportation under the certificate; and
(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) CONTINUING REQUIREMENTS.—(1) To hold a
certificate issued under section 41102 of this
title, an air carrier must continue to be fit, willing, and able to provide the transportation authorized by the certificate and to comply with
this part and regulations of the Secretary.
(2) After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend,
or revoke any part of a certificate issued under

Page 782

section 41102 of this title if the Secretary finds
that the air carrier—
(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) ILLEGAL IMPORTATION OF
STANCES.—The Secretary—

CONTROLLED SUB-

(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) RESPONSES.—An interested person may file
a response with the Secretary opposing or supporting the amendment, modification, suspension, or revocation of a certificate under subsection (a) of this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1123;
Pub. L. 103–429, § 6(50), Oct. 31, 1994, 108 Stat.
4384.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
41110(a)(1) ..

Source (U.S. Code)
49 App.:1371(f).

49 App.:1551(b)(1)(E).

41110(a)
(2)–(4).

49 App.:1371(g)(1).

41110(b) ......

49 App.:1551(b)(1)(E).
49 App.:1388(b)(4).

41110(c) ......
41110(d) ......

49 App.:1551(b)(1)(E).
49 App.:1371(g)(3).
49 App.:1551(b)(1)(E).
49 App.:1371(d)(8)
(last sentence).

49 App.:1551(a)(1)(B).

41110(e) ......

49 App.:1551(b)(1)(E).
49 App.:1371(r) (related to certificate).

41110(f) .......

49 App.:1551(b)(1)(E).
49 App.:1371a (related to certificate).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 401(f), 72 Stat. 755; Oct.
24, 1978, Pub. L. 95–504,
§§ 10(b), 17, 92 Stat. 1716,
1720.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
§ 401(g), 72 Stat. 756; Oct.
24, 1978, Pub. L. 95–504,
§ 18, 92 Stat. 1720; restated
Feb. 15, 1980, Pub. L.
96–192, § 6, 94 Stat 37.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 418(b)(4);
added Nov. 9, 1977, Pub. L.
95–163, § 17(a), 91 Stat. 1285.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(d)(8) (last
sentence); added Oct. 24,
1978, Pub. L. 95–504, § 13, 92
Stat. 1719.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(1)(B);
added Oct. 24, 1978, Pub. L.
95–504, § 40(a), 92 Stat. 1744.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(r) (related to certificate); added
Oct. 24, 1978, Pub. L.
95–504, § 20(d)(1), 92 Stat.
1722.
Aug. 15, 1985, Pub. L. 99–88,
§ 100 (1st complete par. related to certificate on p.
352), 99 Stat. 352.

Page 783

§ 41111

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

41110(g) ......

49 App.:1371(g)(2).
49 App.:1551(b)(1)(E).

Source (Statutes at Large)

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 (Public Law 103–272, 108 Stat. 1124).
AMENDMENTS
1994—Subsec. (e). Pub. L. 103–429 reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘After notice and an
opportunity for a hearing, the Secretary shall amend,
modify, suspend, or revoke any part of a certificate issued under section 41102 of this title if the Secretary
finds that the air carrier—
‘‘(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 Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

§ 41111. Simplified procedure to apply for,
amend, modify, suspend, and transfer certificates
(a) GENERAL REQUIREMENTS.—(1) The Secretary of Transportation shall prescribe regulations that simplify the procedure for—
(A) acting on an application for a certificate
to provide air transportation under section
41102 of this title; and
(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) WHEN SIMPLIFIED PROCEDURE USED.—The
Secretary may use the simplified procedure to
act on an application for a certificate to provide
air transportation under section 41102 of this
title, or to amend, modify, suspend, or transfer
any part of that certificate under section 41105
or 41110(a) or (c) of this title, when the Secretary decides the use of the procedure is in the
public interest.
(c) CONTENTS.—(1) To the extent the Secretary
finds practicable, regulations under this section
shall include each standard the Secretary will
apply when—
(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 section 41108(b) of this title as a part of a response
opposing or supporting the issuance of a certificate.

§ 41112

TITLE 49—TRANSPORTATION

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1125.)
HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES
Revised
Section
41112 ..........

Revised
Section
41111(a) ......

Source (U.S. Code)
49 App.:1371(p)(1)
(1st, 2d sentences).
49 App.:1551(b)(1)(E).

41111(b) ......
41111(c) ......

Source (U.S. Code)
49 App.:1371(q).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(p); added
Oct. 24, 1978, Pub. L.
95–504, § 21(a)(1), 92 Stat.
1723.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

49 App.:1371(p)(2)
(1st sentence).
49 App.:1551(b)(1)(E).
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
section 41102 of this title, or to amend, modify, suspend,
or transfer any part of that certificate under section
41105 or 41110(a) or (c) of this title’’ are added for clarity.
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) LIABILITY INSURANCE.—The Secretary of
Transportation may issue a certificate to a citizen of the United States to provide air transportation as an air carrier under section 41102 of
this title only if the citizen complies with regulations and orders of the Secretary governing
the filing of an insurance policy or self-insurance plan approved by the Secretary. The policy
or plan must be sufficient to pay, not more than
the amount of the insurance, for bodily injury
to, or death of, an individual or for loss of, or
damage to, property of others, resulting from
the operation or maintenance of the aircraft
under the certificate. A certificate does not remain in effect unless the carrier complies with
this subsection.
(b) FINANCIAL RESPONSIBILITY.—To protect
passengers and shippers using an aircraft operated by an air carrier issued a certificate under
section 41102 of this title, the Secretary may require the carrier to file a performance bond or
equivalent security in the amount and on terms
the Secretary prescribes. The bond or security
must be sufficient to ensure the carrier adequately will pay the passengers and shippers
when the transportation the carrier agrees to
provide is not provided. The Secretary shall prescribe the amounts to be paid under this subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1126.)

Page 784

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(q); added
Oct. 24, 1978, Pub. L.
95–504, § 20(d)(1), 92 Stat.
1722.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

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
section 41102 of this title’’ are added for clarity. The
words ‘‘approved by the Secretary’’ are substituted for
‘‘governing the filing and approval . . . in the amount
prescribed by the Board’’ to eliminate unnecessary
words. The words ‘‘The policy or plan must be sufficient to pay’’ are substituted for ‘‘which are conditioned to pay . . . amounts’’ for clarity. The words ‘‘for
which such applicant or such air carrier may become
liable for’’ are omitted as surplus.
In subsection (b), the word ‘‘passengers’’ is substituted for ‘‘travelers’’ for consistency in this chapter.
The words ‘‘issued . . . under section 41102 of this title’’
are added for clarity. The word ‘‘arrangement’’ is omitted as surplus. The word ‘‘provide’’ is substituted for
‘‘perform’’ for consistency in the revised title.

§ 41113. Plans to address needs of families of passengers involved in aircraft accidents
(a) SUBMISSION OF PLANS.—Each air carrier
holding a certificate of public convenience and
necessity under section 41102 of this title shall
submit to the Secretary and the Chairman of
the National Transportation Safety Board a
plan for addressing the needs of the families of
passengers involved in any aircraft accident involving an aircraft of the air carrier and resulting in a major loss of life.
(b) CONTENTS OF PLANS.—A plan to be submitted by an air carrier under subsection (a) shall
include, at a minimum, the following:
(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 section
1136(a)(2) of this title or the services of other
suitably trained individuals.
(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 section
1136(a)(1) of this title, and to the organization
designated for the accident under section
1136(a)(2) of this title, immediately upon request, a list (which is based on the best avail-

Page 785

§ 41113

TITLE 49—TRANSPORTATION

able information at the time of the request) of
the names of the passengers aboard the aircraft (whether or not such names have been
verified), and will periodically update the list.
(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) 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
section 1136(a)(2) of this title on an ongoing
basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident.
(11) An assurance that the air carrier will
provide reasonable compensation to any organization designated under section 1136(a)(2) of
this title for services provided by the organization.
(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
major 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 significant 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 accidentsite 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) CERTIFICATE REQUIREMENT.—The Secretary
may not approve an application for a certificate
of public convenience and necessity under section 41102 of this title unless the applicant has
included as part of such application a plan that
meets the requirements of subsection (b).
(d) LIMITATION ON LIABILITY.—An air carrier
shall not be liable for damages in any action
brought in a Federal or State court arising out
of the performance of the air carrier in preparing or providing a passenger list, or in providing
information concerning a preliminary passenger
manifest, pursuant to a plan submitted by the
air carrier under subsection (b), unless such liability was caused by conduct of the air carrier
which was grossly negligent or which constituted intentional misconduct.
(e) AIRCRAFT ACCIDENT AND PASSENGER DEFINED.—In this section, the terms ‘‘aircraft accident’’ and ‘‘passenger’’ have the meanings such
terms have in section 1136 of this title.
(f) STATUTORY CONSTRUCTION.—Nothing in this
section may be construed as limiting the actions
that an air carrier may take, or the obligations
that an air carrier may have, in providing assistance to the families of passengers involved
in an aircraft accident.
(Added Pub. L. 104–264, title VII, § 703(a), Oct. 9,
1996, 110 Stat. 3267; amended Pub. L. 106–181, title
IV, § 402(a)(1)–(3), (5)–(c), Apr. 5, 2000, 114 Stat.
129, 130; Pub. L. 108–176, title VIII, § 809(a), Dec.
12, 2003, 117 Stat. 2588.)
AMENDMENTS
2003—Subsec. (b)(16). Pub. L. 108–176, § 809(a)(1), struck
out ‘‘the air carrier’’ after ‘‘major loss of life,’’.
Subsec. (b)(17), (18). Pub. L. 108–176, § 809(a)(2), added
pars. (17) and (18).
2000—Subsec. (a). Pub. L. 106–181, § 402(a)(5)(A), substituted ‘‘Each air carrier’’ for ‘‘Not later than 6
months after the date of the enactment of this section,
each air carrier’’.
Subsec. (b)(14) to (16). Pub. L. 106–181, § 402(a)(1)–(3),
added pars. (14) to (16).

§ 41301

TITLE 49—TRANSPORTATION

Subsec. (c). Pub. L. 106–181, § 402(a)(5)(B), substituted
‘‘The Secretary’’ for ‘‘After the date that is 6 months
after the date of the enactment of this section, the Secretary’’.
Subsec. (d). Pub. L. 106–181, § 402(b), inserted ‘‘, or in
providing information concerning a preliminary passenger manifest,’’ before ‘‘pursuant to a plan’’.
Subsec. (f). Pub. L. 106–181, § 402(c), added subsec. (f).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by section 402(a)(5)(B) to (c) of Pub. L.
106–181 applicable only to fiscal years beginning after
Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as
a note under section 106 of this title.
Pub. L. 106–181, title IV, § 402(a)(4), Apr. 5, 2000, 114
Stat. 130, provided that: ‘‘The amendments made by
paragraphs (1), (2), and (3) [amending this section] shall
take effect on the 180th day following the date of the
enactment of this Act [Apr. 5, 2000]. On or before such
180th day, each air carrier holding a certificate of public convenience and necessity under section 41102 of
title 49, United States Code, shall submit to the Secretary [of Transportation] and the Chairman of the National Transportation Safety Board an updated plan
under section 41113 of such title that meets the requirements of the amendments made by paragraphs (1), (2),
and (3).’’
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.
UPDATE PLANS
Pub. L. 108–176, title VIII, § 809(c), Dec. 12, 2003, 117
Stat. 2589, provided that: ‘‘Air carriers and foreign air
carriers shall update their plans under sections 41113
and 41313 of title 49, United States Code, respectively,
to reflect the amendments made by subsections (a) and
(b) of this section [amending this section and section
41313 of this title] not later than 90 days after the date
of enactment of this Act [Dec. 12, 2003].’’

ing 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) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Oct. 9, 1996], the Secretary
shall transmit to Congress a report containing the
model plan and recommendations developed by the
task force under subsection (b).’’
LIMITATION ON STATUTORY CONSTRUCTION
Section 705 of title VII of Pub. L. 104–264 provided
that: ‘‘Nothing in this title [enacting this section and
section 1136 of this title, amending section 1155 of this
title, and enacting provisions set out as notes under
this section and section 40101 of this title] or any
amendment made by this title may be construed as
limiting the actions that an air carrier may take, or
the obligations that an air carrier may have, in providing assistance to the families of passengers involved in
an aircraft accident.’’

CHAPTER 413—FOREIGN AIR
TRANSPORTATION
Sec.

41301.
41302.
41303.
41304.

ESTABLISHMENT OF TASK FORCE
Section 704 of Pub. L. 104–264 provided that:
‘‘(a) ESTABLISHMENT.—The Secretary of Transportation, in cooperation with the National Transportation Safety Board, the Federal Emergency Management Agency, the American Red Cross, air carriers, and
families which have been involved in aircraft accidents
shall establish a task force consisting of representatives of such entities and families, representatives of
air carrier employees, and representatives of such other
entities as the Secretary considers appropriate.
‘‘(b) GUIDELINES AND RECOMMENDATIONS.—The task
force established pursuant to subsection (a) shall develop—
‘‘(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 work-

Page 786

41305.
41306.
41307.
41308.
41309.
41310.
41311.
41312.
41313.

Requirement for a permit.
Permits of foreign air carriers.
Transfers of permits.
Effective periods and amendments, modifications, suspensions, and revocations of permits.
Applications for permits.
Simplified procedure to apply for, amend,
modify, and suspend permits.
Presidential review of actions about foreign
air transportation.
Exemption from the antitrust laws.
Cooperative agreements and requests.
Discriminatory practices.
Gambling restrictions.
Ending or suspending foreign air transportation.
Plans to address needs of families of passengers involved in foreign air carrier accidents.
AMENDMENTS

1997—Pub. L. 105–148, § 1(b), Dec. 16, 1997, 111 Stat.
2683, added item 41313.
1994—Pub. L. 103–429, § 6(51)(B), Oct. 31, 1994, 108 Stat.
4385, added item 41312.
Pub. L. 103–305, title II, § 205(a)(2), Aug. 23, 1994, 108
Stat. 1583, added item 41311.

§ 41301. Requirement for a permit
A foreign air carrier may provide foreign air
transportation only if the foreign air carrier

Page 787

holds a permit issued under this chapter authorizing the foreign air transportation.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1126.)
HISTORICAL AND REVISION NOTES
Revised
Section
41301 ..........

Source (U.S. Code)
49 App.:1372(a).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 402(a), 72 Stat. 757.

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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1126.)
HISTORICAL AND REVISION NOTES
Revised
Section
41302 ..........

§ 41304

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1372(b).

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 402(b), 72 Stat. 758; restated Feb. 15, 1980, Pub.
L. 96–192, § 7, 94 Stat. 38.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

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

HISTORICAL AND REVISION NOTES
Revised
Section
41303 ..........

Source (U.S. Code)
49 App.:1372(g).
49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 402(g), 72 Stat. 758.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

§ 41304. Effective periods and amendments, modifications, suspensions, and revocations of
permits
(a) GENERAL.—The Secretary of Transportation may prescribe the period during which a
permit issued under section 41302 of this title is
in effect. After notice and an opportunity for a
hearing, the Secretary may amend, modify, suspend, or revoke the permit if the Secretary finds
that action to be in the public interest.
(b) SUSPENSIONS AND RESTRICTIONS.—Without a
hearing, but subject to the approval of the
President, the Secretary—
(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) ILLEGAL IMPORTATION OF
STANCES.—The Secretary—

CONTROLLED SUB-

(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.

A permit issued under section 41302 of this
title may be transferred only when the Secretary of Transportation approves the transfer
because the transfer is in the public interest.

(d) RESPONSES.—An interested person may file
a response with the Secretary opposing or supporting the amendment, modification, suspension, or revocation of a permit under subsection
(a) of this section.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1127.)

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1127.)

§ 41305

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section
41304(a) ......

Source (U.S. Code)
49 App.:1372(e) (related to duration
of permits).
49 App.:1372(f)(1)
(1st sentence).
49 App.:1551(b)(1)(E).

41304(b) ......

49 App.:1372(f)(2).

41304(c) ......

49 App.:1551(b)(1)(E).
49 App.:1371a (related to permit).

41304(d) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 402(e) (related to duration of permits), 72 Stat.
758.
Aug. 23, 1958, Pub. L. 85–726,
§ 402(f)(1), 72 Stat. 758; Feb.
15, 1980, Pub. L. 96–192, § 9,
94 Stat. 38.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 402(f)(2);
added Feb. 15, 1980, Pub.
L. 96–192, § 9, 94 Stat. 38.
Aug. 15, 1985, Pub. L. 99–88,
§ 100 (1st complete par. related to permit on p. 352),
99 Stat. 352.

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) FORM, CONTENTS, NOTICE, RESPONSE, AND
ACTIONS ON APPLICATIONS.—(1) A person must
apply in writing to the Secretary of Transportation to be issued a permit under section 41302
of this title. The Secretary shall prescribe regulations to require that the application be—
(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) TERMS.—The Secretary may impose terms
for providing foreign air transportation under

Page 788

the permit that the Secretary finds may be required in the public interest.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1127.)
HISTORICAL AND REVISION NOTES
Revised
Section
41305(a)(1) ..

Source (U.S. Code)
49 App.:1372(c).

49 App.:1551(b)(1)(E).

41305(a)(2) ..

41305(b) ......

49 App.:1372(d).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 402(c), (e) (related to
terms, conditions, or limitations of permits), 72
Stat. 758.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
§ 402(d), 72 Stat. 758; Feb.
15, 1980, Pub. L. 96–192, § 8,
94 Stat. 38.

49 App.:1551(b)(1)(E).
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 section 41302 of this
title’’ are added for clarity. Clause (C) is added for clarity.
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
amend, modify, and suspend permits

for,

(a) REGULATIONS.—The Secretary of Transportation shall prescribe regulations that simplify
the procedure for—
(1) acting on an application for a permit to
provide foreign air transportation under section 41302 of this title; and
(2) amending, modifying, or suspending any
part of that permit under section 41304(a) or
(b) of this title.
(b) NOTICE AND OPPORTUNITY TO RESPOND.—
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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1128.)
HISTORICAL AND REVISION NOTES
Revised
Section
41306(a) ......

Source (U.S. Code)
49 App.:1372(h) (1st
sentence).

49 App.:1551(b)(1)(E).

41306(b) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 402(h); added
Oct. 24, 1978, Pub. L.
95–504, § 21(b)(1), 92 Stat.
1723.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

49 App.:1372(h) (last
sentence).

In subsection (a)(1), the words ‘‘acting on’’ are substituted for ‘‘disposition of’’ for consistency. The word

Page 789

TITLE 49—TRANSPORTATION

‘‘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 section 41102 of this title authorizing an
air carrier, or a permit issued under section
41302 of this title authorizing a foreign air carrier, to provide foreign air transportation. The
President may disapprove the decision of the
Secretary only if the reason for disapproval is
based on foreign relations or national defense
considerations that are under the jurisdiction of
the President. The President may not disapprove a decision of the Secretary if the reason
is economic or related to carrier selection. A decision of the Secretary—
(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 section 46110 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1128.)
HISTORICAL AND REVISION NOTES
Revised
Section
41307 ..........

Source (U.S. Code)
49 App.:1461(a).

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 801(a), 72 Stat. 782; Mar.
22, 1972, Pub. L. 92–259, § 2,
86 Stat. 96; restated Oct.
24, 1978, Pub. L. 95–504,
§ 34, 92 Stat. 1740.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

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 section 41102 of this
title’’ are added for clarity. The word ‘‘provide’’ is substituted for ‘‘engage in’’ for consistency in the revised
title. In clause (1), the words ‘‘null and’’ are omitted as
surplus. The word ‘‘publishes’’ is substituted for ‘‘issued in a public document’’ to eliminate unnecessary
words. In clause (2)(A), the words ‘‘not the President’’
are omitted as surplus.
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

§ 41307

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 49 U.S.C. 41307,
41509(f)], and in order to provide presidential guidance
to department and agency heads and facilitate presidential review of decisions by the Department of Transportation pursuant to the Federal Aviation Act [see 49
U.S.C. 40101 et seq.], it is hereby ordered as follows:
SECTION 1. Executive Order No. 12547 of February 6,
1986, is revoked.
SEC. 2. The Secretary of Transportation is designated
and empowered to receive on behalf of the President
any decision of the Department of Transportation
(hereinafter referred to as the ‘‘DOT’’) subject to Section 801 of the Federal Aviation Act, as amended. The
Secretary of Transportation is further designated and
empowered to exercise, without the approval, ratification, or other action of the President, the authority of
the President under Section 801 of the Federal Aviation
Act, as amended, to review and determine not to disapprove any such decision that is not the subject of any
written recommendation for disapproval or for a statement of reasons submitted to the Department of Transportation in accordance with section 5(b) of this Order.
SEC. 3. (a) Except as otherwise provided in this section, decisions of the DOT subject to Section 801 of the
Federal Aviation Act, as amended, may be made available by the DOT for public inspection and copying following transmission to Executive departments and
agencies pursuant to section 3(c) of this Order.
(b) In the interests of national security, and in order
to allow for consideration of appropriate action under
Executive Order No. 12356 [50 U.S.C. 435 note], 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.

§ 41308

TITLE 49—TRANSPORTATION

SEC. 4. (a) Departments and agencies outside of the
Executive Office of the President shall raise only matters of national defense or foreign relations in the
course of the presidential review established by this
Order. All other matters, including those related to
regulatory policy, shall be presented to the DOT in accordance with the procedures of the DOT.
(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.
SEC. 5. (a) The DOT shall receive the recommendations, addressed to the President, of the departments
and agencies referred to in section 3(c) of this Order.
(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 49 U.S.C. 41509(f)]; and (2) within 21 days of
the DOT’s issuance of a decision subject to a 60-day
statutory review period under Section 801(a) [see 49
U.S.C. 41307]; or (3) in exceptional cases, within the period specified by the DOT in its letter of transmittal.
(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.
SEC. 6. (a) In advising the President with respect to
his review of a decision pursuant to Section 801, departments and agencies outside of the Executive Office of
the President shall identify with particularity the defense or foreign policy implications of the DOT decision
that are deemed appropriate for consideration.
(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.
SEC. 7. Individuals within the Executive Office of the
President shall follow a policy of: (a) refusing to discuss matters relating to the disposition of a case subject to the review of the President under Section 801
with any interested private party, or an attorney or
agent for any such party, prior to the decision by the
President or his designee; and (b) referring any written
communication from an interested private party, or an
attorney or agent for any such party, to the appropriate department or agency outside of the Executive
Office of the President. Exceptions to this policy may
be made only when the head of an appropriate department or agency outside of the Executive Office of the
President personally finds, on a nondelegable basis,
that direct written or oral communication between a
private party and a person within the Executive Office
of the President is needed for reasons of defense or foreign policy.
SEC. 8. Departments and agencies outside of the Executive Office of the President that regularly make recommendations in connection with the presidential review pursuant to Section 801 shall, consistent with applicable law, including the provisions of Chapter 5 of
Title 5 of the United States Code:
(a) establish public dockets for all written communications (other than those requiring confidential

Page 790

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.
SEC. 9. This Order is intended solely for the internal
guidance of the departments and agencies in order to
facilitate the presidential review process. This Order
does not confer rights on any private parties.
SEC. 10. None of the time deadlines specified in this
Order shall be construed as a limitation on expedited
presidential review of any decision under Section 801.
SEC. 11. The provisions of this Order shall become effective upon publication in the Federal Register and
shall govern the review of any proposed decisions of the
DOT that have not become final prior to that date
under Executive Order No. 12547.
SEC. 12. References in any Executive order to any provision in Executive Order No. 12547 shall be deemed to
refer to the corresponding provision in this Order.
RONALD REAGAN.

§ 41308. Exemption from the antitrust laws
(a) DEFINITION.—In this section, ‘‘antitrust
laws’’ has the same meaning given that term in
the first section of the Clayton Act (15 U.S.C.
12).
(b) EXEMPTION AUTHORIZED.—When the Secretary of Transportation decides it is required
by the public interest, the Secretary, as part of
an order under section 41309 or 42111 of this title,
may exempt a person affected by the order from
the antitrust laws to the extent necessary to
allow the person to proceed with the transaction
specifically approved by the order and with any
transaction necessarily contemplated by the
order.
(c) EXEMPTION REQUIRED.—In an order under
section 41309 of this title approving an agreement, request, modification, or cancellation, the
Secretary, on the basis of the findings required
under section 41309(b)(1), shall exempt a person
affected by the order from the antitrust laws to
the extent necessary to allow the person to proceed with the transaction specifically approved
by the order and with any transaction necessarily contemplated by the order.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1128.)
HISTORICAL AND REVISION NOTES
Revised
Section
41308 ..........

Source (U.S. Code)
49 App.:1384.

49 App.:1551(a)(6)
(related to 49
App.:1384).
49 App.:1551(b)(1)(C)
(related to 49
App.:1384).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 414, 72 Stat. 770; restated
Oct. 24, 1978, Pub. L.
95–504, § 30(a), 92 Stat. 1731;
Feb. 15, 1980, Pub. L.
96–192, § 27, 94 Stat. 47.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(6) (related to § 414); added Oct.
4, 1984, Pub. L. 98–443,
§ 3(c), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(C)
(related to § 414); added
Oct. 24, 1978, Pub. L.
95–504, § 40(a), 92 Stat. 1745;
Oct. 14, 1982, Pub. L.
97–309, § 4(b), 96 Stat. 1454;
Oct. 4, 1984, Pub. L. 98–443,
§ 3(a), 98 Stat. 1703.

Subsection (a) is substituted for ‘‘the ‘anti-trust
laws’ set forth in subsection (a) of section 12 of title 15’’
for consistency in the revised title and with other titles
of the United States Code.

Page 791

In subsection (b), reference to 49 App.:1378 and 1379 is
omitted as obsolete.

§ 41309. Cooperative agreements and requests
(a) FILING.—An air carrier or foreign air carrier may file with the Secretary of Transportation a true copy of or, if oral, a true and complete memorandum of, an agreement (except an
agreement related to interstate air transportation), or a request for authority to discuss cooperative arrangements (except arrangements
related to interstate air transportation), and
any modification or cancellation of an agreement, between the air carrier or foreign air carrier and another air carrier, a foreign carrier, or
another carrier.
(b) APPROVAL.—The Secretary of Transportation shall approve an agreement, request,
modification, or cancellation referred to in subsection (a) of this section when the Secretary
finds it is not adverse to the public interest and
is not in violation of this part. However, the
Secretary shall disapprove—
(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) NOTICE AND OPPORTUNITY TO RESPOND OR
HEARING.—(1) When an agreement, request,
modification, or cancellation is filed, the Secretary of Transportation shall give the Attorney
General and the Secretary of State written notice of, and an opportunity to submit written
comments about, the filing. On the initiative of
the Secretary of Transportation or on request of
the Attorney General or Secretary of State, the
Secretary of Transportation may conduct a
hearing to decide whether an agreement, request, modification, or cancellation is consistent with this part whether or not it was approved previously.
(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.
FOR

§ 41309

TITLE 49—TRANSPORTATION

(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1129;
Pub. L. 104–88, title III, § 308(l), Dec. 29, 1995, 109
Stat. 948; Pub. L. 104–287, § 5(71), Oct. 11, 1996, 110
Stat. 3396.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
41309(a) ......

Source (U.S. Code)
49 App.:1382(a)(1).

49 App.:1551(a)(6)
(related to 49
App.:1382).
49 App.:1551(b)(1)(C)
(related to 49
App.:1382(a)).

41309(b) ......

41309(c)(1) ..

41309(c)(2) ..
41309(c)(3) ..

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 412(a), (b);
added Oct. 24, 1978, Pub.
L. 95–504, § 28(c), 92 Stat.
1729; Feb. 15, 1980, Pub. L.
96–192, § 11, 94 Stat. 39.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(6)
(related to § 412); added
Oct. 4, 1984, Pub. L. 98–443,
§ 3(c), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(C)
(related to § 412(a), (b));
added Oct. 24, 1978, Pub.
L. 95–504, § 40(a), 92 Stat.
1745; Oct. 14, 1982, Pub. L.
97–309, § 4(b), 96 Stat. 1454;
Oct. 4, 1984, Pub. L. 98–443,
§ 3(a), 98 Stat. 1703.

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)).
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)).
49 App.:1382(a)(2)(B).
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.

§ 41310

TITLE 49—TRANSPORTATION
PUB. L. 104–287

This amends 49:41309(b)(2)(B) for consistency in the
subsection.
AMENDMENTS
1996—Subsec. (b)(2)(B). Pub. L. 104–287 substituted
‘‘carrier’’ for ‘‘common carrier’’.
1995—Subsec. (b)(2)(A). Pub. L. 104–88 substituted ‘‘a
carrier’’ for ‘‘a common carrier’’.
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 701 of this title.
AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN
STATES
Pub. L. 107–71, title I, § 116, Nov. 19, 2001, 115 Stat. 624,
which related to air transportation arrangements for
flights that both originate and terminate at points
within the same State, was repealed by Pub. L. 107–273,
div. C, title IV, § 14102(g), Nov. 2, 2002, 116 Stat. 1922.

§ 41310. Discriminatory practices
(a) PROHIBITION.—An air carrier or foreign air
carrier may not subject a person, place, port, or
type of traffic in foreign air transportation to
unreasonable discrimination.
(b) REVIEW AND NEGOTIATION OF DISCRIMINATORY FOREIGN CHARGES.—(1) The Secretary of
Transportation shall survey charges imposed on
an air carrier by the government of a foreign
country or another foreign entity for the use of
airport property or airway property in foreign
air transportation. If the Secretary of Transportation decides that a charge is discriminatory,
the Secretary promptly shall report the decision
to the Secretary of State. The Secretaries of
State and Transportation promptly shall begin
negotiations with the appropriate government
to end the discrimination. If the discrimination
is not ended in a reasonable time through negotiation, the Secretary of Transportation shall
establish a compensating charge equal to the
discriminatory charge. With the approval of the
Secretary of State, the Secretary of the Treasury shall impose the compensating charge on a
foreign air carrier of that country as a condition
to accepting the general declaration of the aircraft of the foreign air carrier when it lands or
takes off.
(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) ACTIONS AGAINST DISCRIMINATORY ACTIVITY.—(1) The Secretary of Transportation may
take actions the Secretary considers are in the
public interest to eliminate an activity of a government of a foreign country or another foreign
entity, including a foreign air carrier, when the
Secretary, on the initiative of the Secretary or
on complaint, decides that the activity—
(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.

Page 792

(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 section 41302,
41303, 41304(a), 41504(c), 41507, or 41509 of this
title.
(d) FILING OF, AND ACTING ON, COMPLAINTS.—(1)
An air carrier, computer reservations system
firm, or a department, agency, or instrumentality of the United States Government may file a
complaint under subsection (c) or (g) of this section with the Secretary of Transportation. The
Secretary shall approve, deny, or dismiss the
complaint, set the complaint for a hearing or investigation, or begin another proceeding proposing remedial action not later than 60 days after
receiving the complaint. The Secretary may extend the period for acting for additional periods
totaling not more than 30 days if the Secretary
decides that with additional time it is likely
that a complaint can be resolved satisfactorily
through negotiations with the government of
the foreign country or foreign entity. The Secretary must act not later than 90 days after receiving the complaint. However, the Secretary
may extend this 90-day period for not more than
an additional 90 days if, on the last day of the
initial 90-day period, the Secretary finds that—
(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 section
41307 or 41509(f) of this title actions proposed
by the Secretary of Transportation.
(e) REVIEW.—(1) The Secretaries of State, the
Treasury, and Transportation and the heads of
other departments, agencies, and instrumentalities of the Government shall keep under review,
to the extent of each of their jurisdictions, each
form of discrimination or unfair competitive
practice to which an air carrier is subject when
providing foreign air transportation or a computer reservations system firm is subject when
providing services with respect to airline service. Each Secretary and head shall—
(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

Page 793

TITLE 49—TRANSPORTATION

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) REPORTS.—Not later than 30 days after acting on a complaint under this section, the Secretary of Transportation shall report to the
Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on action taken under
this section on the complaint.
(g) ACTIONS AGAINST DISCRIMINATORY ACTIVITY
BY FOREIGN CRS SYSTEMS.—The Secretary of
Transportation may take such actions as the
Secretary considers are in the public interest to
eliminate an activity of a foreign air carrier
that owns or markets a computer reservations
system, or of a computer reservations system
firm whose principal offices are located outside
the United States, when the Secretary, on the
initiative of the Secretary or on complaint, decides that the activity, with respect to airline
service—
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1130;
Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389;
Pub. L. 106–181, title VII, § 741, Apr. 5, 2000, 114
Stat. 174.)
HISTORICAL AND REVISION NOTES
Revised
Section
41310(a) ......

Source (U.S. Code)
49 App.:1374(b).
49 App.:1551(a)(4)(C)
(related to 49
App.:1374(b)).

41310(b) ......

49 App.:1159a.

41310(c) ......

49 App.:1159b(b)(1).

41310(d)(1) ..
41310(d)(2) ..

49 App.:1159b(b)(2),
(4).
49 App.:1159b(b)(3).

41310(e)(1) ..

49 App.:1159b(a).

49 App.:1159b(c).

41310(e)(2) ..

49 App.:1159b(d).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 404(b), 72 Stat. 760.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(4)(C)
(related to § 404(b)); added
Oct. 4, 1984, Pub. L. 98–443,
§ 3(c), 98 Stat. 1703.
June 16, 1948, ch. 473, 62
Stat. 450, § 11; added Jan.
3, 1975, Pub. L. 93–623, § 3,
88 Stat. 2103; Oct. 4, 1984,
Pub. L. 98–443, § 9(c), 98
Stat. 1706.
Jan. 3, 1975, Pub. L. 93–623,
88 Stat. 2102, § 2(b)(1), (2),
(4); added Feb. 15, 1980,
Pub. L. 96–192, § 23, 94
Stat. 45; Oct. 4, 1984, Pub.
L. 98–443, § 9(d)(2), (3), 98
Stat. 1707; Aug. 23, 1988,
Pub. L. 100–418, §§ 10011,
10012(1), (2), 102 Stat. 1573.
Jan. 3, 1975, Pub. L. 93–623,
88 Stat. 2102, § 2(b)(3), (e);
added Aug. 23, 1988, Pub.
L. 100–418, §§ 10012(3), 10013,
102 Stat. 1573.
Jan. 3, 1975, Pub. L. 93–623,
§ 2(a), 88 Stat. 2102; Oct. 4,
1984,
Pub.
L.
98–443,
§ 9(d)(1), 98 Stat. 1706.
Jan. 3, 1975, Pub. L. 93–623,
§ 2(c), 88 Stat. 2103; Feb.
15, 1980, Pub. L. 96–192,
§ 23, 94 Stat. 45.
Jan. 3, 1975, Pub. L. 93–623,
§ 2(d), 88 Stat. 2103; Feb.
15, 1980, Pub. L. 96–192,
§ 23, 94 Stat. 45; Oct. 4,
1984,
Pub.
L.
98–443,
§ 9(d)(2), (4), 98 Stat. 1707.

§ 41310

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
41310(f) .......

Source (U.S. Code)

Source (Statutes at Large)

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 (Public Law
100–418, 102 Stat. 1573) changed the additional period
within which the Secretary had to act to only 30 days.
The word ‘‘initial’’ is added for clarity.
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

§ 41311

TITLE 49—TRANSPORTATION

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). Pub. L. 106–181, § 741(b)(1)(A), (B),
in first sentence of introductory provisions, substituted
‘‘air carrier, computer reservations system firm,’’ for
‘‘air carrier’’ and ‘‘subsection (c) or (g)’’ for ‘‘subsection
(c)’’.
Subsec. (d)(1)(B). Pub. L. 106–181, § 741(b)(1)(C), substituted ‘‘air carrier or computer reservations system
firm’’ for ‘‘air carrier’’.
Subsec. (e)(1). Pub. L. 106–181, § 741(b)(2), inserted ‘‘or
a computer reservations system firm is subject when
providing services with respect to airline service’’ before period at end of first sentence.
Subsec. (g). Pub. L. 106–181, § 741(a), added subsec. (g).
1996—Subsec. (f). Pub. L. 104–287 substituted ‘‘Transportation and Infrastructure’’ for ‘‘Public Works and
Transportation’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
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 Pub. L. 104–66, as
amended, set out as a note under section 1113 of Title
31, Money and Finance, and the 21st item on page 132 of
House Document No. 103–7.

§ 41311. Gambling restrictions
(a) IN GENERAL.—An air carrier or foreign air
carrier may not install, transport, or operate, or
permit the use of, any gambling device on board
an aircraft in foreign air transportation.
(b) DEFINITION.—In this section, the term
‘‘gambling device’’ means any machine or mechanical device (including gambling applications on electronic interactive video systems installed on board aircraft for passenger use)—
(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.

riers, 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) GENERAL.—An air carrier holding a certificate issued under section 41102 of this title to
provide foreign air transportation—
(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) TEMPORARY SUSPENSION.—The Secretary
may authorize the temporary suspension of foreign air transportation under subsection (a) of
this section when the Secretary finds the suspension is in the public interest.
(Added Pub. L. 103–429, § 6(51)(A), Oct. 31, 1994, 108
Stat. 4384; amended Pub. L. 104–287, § 5(72), Oct.
11, 1996, 110 Stat. 3396.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–429
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

41312(a) ......

49 App.:1371(j)(1) (1st
sentence), (2).

Aug. 23, 1958, Pub. L. 85–726,
§ 401(j), 72 Stat. 756, as restated Oct. 24, 1978, Pub.
L. 95–504, § 19(a), 92 Stat.
1720.
Aug. 23, 1958, Pub. L. 85–726,
§ 1601(a)(1)(D), as added
Oct. 24, 1978, Pub. L.
95–504, § 40(a), 92 Stat.
1744.
Aug. 23, 1958, Pub. L. 85–726,
§ 1601(b)(1)(E), as added
Oct. 4, 1984, Pub. L. 98–443,
§ 3(e), 98 Stat. 1704.

49 App.:1551(a)(1)(D).

(Added Pub. L. 103–305, title II, § 205(a)(1), Aug.
23, 1994, 108 Stat. 1583.)
49 App.:1551(b)(1)(E).

STUDY OF GAMBLING ON COMMERCIAL AIRCRAFT
Section 205(b) of Pub. L. 103–305 provided that: ‘‘Not
later than 1 year after the date of the enactment of this
Act [Aug. 23, 1994], the Secretary shall complete a
study of—
‘‘(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 car-

Page 794

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

Page 795

TITLE 49—TRANSPORTATION

of 49 App.:1371(j) (related to essential air transportation) is omitted as superseded by 49 App.:1389, restated as subchapter II of chapter 417 of title 49.
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). Pub. L. 104–287 substituted ‘‘Secretary of Transportation’’ for ‘‘Secretary’’.
EFFECTIVE DATE
Section effective July 5, 1994, see section 9 of Pub. L.
103–429, set out as an Effective Date of 1994 Amendment
note under section 321 of this title.

§ 41313. Plans to address needs of families of passengers involved in foreign air carrier accidents
(a) DEFINITIONS.—In this section, the following
definitions apply:
(1) AIRCRAFT ACCIDENT.—The term ‘‘aircraft
accident’’ means any aviation disaster, regardless of its cause or suspected cause, that occurs within the United States; and
(2) PASSENGER.—The term ‘‘passenger’’ has
the meaning given such term by section 1136.
(b) SUBMISSION OF PLANS.—A foreign air carrier providing foreign air transportation under
this chapter shall transmit to the Secretary of
Transportation and the Chairman of the National Transportation Safety Board a plan for
addressing the needs of the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in a major loss of
life.
(c) CONTENTS OF PLANS.—To the extent permitted by foreign law which was in effect on the
date of the enactment of this section, a plan
submitted by a foreign air carrier under subsection (b) shall include the following:
(1) TELEPHONE NUMBER.—A plan for publicizing a reliable, toll-free telephone number and
staff to take calls to such number from families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in a
significant loss of life.
(2) NOTIFICATION OF FAMILIES.—A process for
notifying, in person to the extent practicable,
the families of passengers involved in an aircraft accident that involves an aircraft under
the control of the foreign air carrier and results in a significant loss of life before providing any public notice of the names of such passengers. Such notice shall be provided by
using the services of—

§ 41313

(A) the organization designated for the accident under section 1136(a)(2); or
(B) other suitably trained individuals.
(3) NOTICE PROVIDED AS SOON AS POSSIBLE.—
An assurance that the notice required by paragraph (2) shall be provided as soon as practicable after the foreign air carrier has verified the identity of a passenger on the foreign
aircraft, whether or not the names of all of the
passengers have been verified.
(4) LIST OF PASSENGERS.—An assurance that
the foreign air carrier shall provide, immediately upon request, and update a list (based
on the best available information at the time
of the request) of the names of the passengers
aboard the aircraft (whether or not such
names have been verified), to—
(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) CONSULTATION REGARDING DISPOSITION OF
REMAINS AND EFFECTS.—An assurance that the
family of each passenger will be consulted
about the disposition of any remains and personal effects of the passenger that are within
the control of the foreign air carrier.
(6) RETURN OF POSSESSIONS.—An assurance
that, if requested by the family of a passenger,
any possession (regardless of its condition) of
that passenger that is within the control of
the foreign air carrier will be returned to the
family unless the possession is needed for the
accident investigation or a criminal investigation.
(7) UNCLAIMED POSSESSIONS RETAINED.—An
assurance that any unclaimed possession of a
passenger within the control of the foreign air
carrier will be retained by the foreign air carrier for not less than 18 months after the date
of the accident.
(8) MONUMENTS.—An assurance that the family of each passenger will be consulted about
construction by the foreign air carrier of any
monument to the passengers built in the
United States, including any inscription on
the monument.
(9) EQUAL TREATMENT OF PASSENGERS.—An
assurance that the treatment of the families
of nonrevenue passengers will be the same as
the treatment of the families of revenue passengers.
(10) SERVICE AND ASSISTANCE TO FAMILIES OF
PASSENGERS.—An assurance that the foreign
air carrier will work with any organization
designated under section 1136(a)(2) on an ongoing basis to ensure that families of passengers receive an appropriate level of services
and assistance following an accident.
(11) COMPENSATION TO SERVICE ORGANIZATIONS.—An assurance that the foreign air carrier will provide reasonable compensation to
any organization designated under section
1136(a)(2) for services and assistance provided
by the organization.
(12) TRAVEL AND CARE EXPENSES.—An assurance that the foreign air carrier will assist the
family of any passenger in traveling to the location of the accident and provide for the

§ 41313

TITLE 49—TRANSPORTATION

physical care of the family while the family is
staying at such location.
(13) RESOURCES FOR PLAN.—An assurance
that the foreign air carrier will commit sufficient resources to carry out the plan.
(14) SUBSTITUTE MEASURES.—If a foreign air
carrier does not wish to comply with paragraph (10), (11), or (12), a description of proposed adequate substitute measures for the requirements of each paragraph with which the
foreign air carrier does not wish to comply.
(15) TRAINING OF EMPLOYEES AND AGENTS.—
An assurance that the foreign 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) CONSULTATION ON CARRIER RESPONSE NOT
COVERED BY PLAN.—An assurance that the foreign air carrier, in the event that the foreign
air carrier volunteers assistance to United
States citizens within the United States with
respect to an aircraft accident outside the
United States involving major loss of life, the
foreign air carrier 1 will consult with the
Board and the Department of State on the provision of the assistance.
(17) NOTICE CONCERNING LIABILITY FOR MANMADE STRUCTURES.—
(A) IN GENERAL.—An assurance that, in the
case of an accident that results in significant damage to a manmade structure or
other property on the ground that is not
government-owned, the foreign 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) MINIMUM CONTENTS.—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 foreign
air carrier representatives about compensation by the foreign air carrier for accidentsite 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) SIMULTANEOUS ELECTRONIC TRANSMISSION
OF NTSB HEARING.—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 foreign 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 foreign air carrier’s
flight if that city is located in the United
States.
(d) PERMIT AND EXEMPTION REQUIREMENT.—The
Secretary shall not approve an application for a
1 So in original. The words ‘‘the foreign air carrier’’ probably
should not appear.

Page 796

permit under section 41302 unless the applicant
has included as part of the application or request for exemption a plan that meets the requirements of subsection (c).
(e) LIMITATION ON LIABILITY.—A foreign air
carrier shall not be liable for damages in any action brought in a Federal or State court arising
out of the performance of the foreign air carrier
in preparing or providing a passenger list pursuant to a plan submitted by the foreign air carrier under subsection (c), unless the liability
was caused by conduct of the foreign air carrier
which was grossly negligent or which constituted intentional misconduct.
(Added Pub. L. 105–148, § 1(a), Dec. 16, 1997, 111
Stat. 2681; amended Pub. L. 106–181, title IV,
§ 403(a)–(c)(1), Apr. 5, 2000, 114 Stat. 130; Pub. L.
108–176, title VIII, § 809(b), Dec. 12, 2003, 117 Stat.
2589.)
REFERENCES IN TEXT
The date of the enactment of this section, referred to
in subsec. (c), is the date of enactment of Pub. L.
105–148, which was approved Dec. 16, 1997.
AMENDMENTS
2003—Subsec. (c)(17), (18). Pub. L. 108–176 added pars.
(17) and (18).
2000—Subsec. (a)(2). Pub. L. 106–181, § 403(a), amended
heading and text of par. (2) generally. Prior to amendment, text read as follows: ‘‘The term ‘passenger’ includes an employee of a foreign air carrier or air carrier aboard an aircraft.’’
Subsec. (b). Pub. L. 106–181, § 403(b), substituted
‘‘major’’ for ‘‘significant’’.
Subsec. (c)(15), (16). Pub. L. 106–181, § 403(c)(1), added
pars. (15) and (16).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by section 403(a) and (b) of Pub. L.
106–181 applicable only to fiscal years beginning after
Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as
a note under section 106 of this title.
Pub. L. 106–181, title IV, § 403(c)(2), Apr. 5, 2000, 114
Stat. 131, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall take effect
on the 180th day following the date of the enactment of
this Act [Apr. 5, 2000]. On or before such 180th day, each
foreign air carrier providing foreign air transportation
under chapter 413 of title 49, United States Code, shall
submit to the Secretary [of Transportation] and the
Chairman of the National Transportation Safety Board
an updated plan under section 41313 of such title that
meets the requirements of the amendment made by
paragraph (1).’’
EFFECTIVE DATE
Pub. L. 105–148, § 1(c), Dec. 16, 1997, 111 Stat. 2683, provided that: ‘‘The amendments made by this section [enacting this section] shall take effect on the 180th day
following the date of the enactment of this Act [Dec.
16, 1997].’’

CHAPTER 415—PRICING
Sec.

41501.

41502.

Establishing reasonable prices, classifications, rules, practices, and divisions of joint
prices for foreign air transportation.
Establishing joint prices for through routes
with other carriers.

Page 797
Sec.

41503.
41504.
41505.
41506.
41507.
41508.
41509.
41510.
41511.

Establishing joint prices for through routes
provided by State authorized carriers.
Tariffs for foreign air transportation.
Uniform methods for establishing joint
prices, and divisions of joint prices, applicable to commuter air carriers.
Price division filing requirements for foreign
air transportation.
Authority of the Secretary of Transportation
to change prices, classifications, rules, and
practices for foreign air transportation.
Authority of the Secretary of Transportation
to adjust divisions of joint prices for foreign
air transportation.
Authority of the Secretary of Transportation
to suspend, cancel, and reject tariffs for foreign air transportation.
Required adherence to foreign air transportation tariffs.
Special prices for foreign air transportation.
AMENDMENTS

1997—Pub. L. 105–102, § 2(21), Nov. 20, 1997, 111 Stat.
2205, struck out ‘‘common’’ before ‘‘carriers’’ in item
41502.

§ 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1132.)
HISTORICAL AND REVISION NOTES
Revised
Section
41501 ..........

§ 41502

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1374(a)(2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 404(a)(2);
added Mar. 22, 1972, Pub.
L. 92–259, § 1, 86 Stat. 95.

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) JOINT PRICES.—An air carrier may establish reasonable joint prices and through service

with another carrier. However, an air carrier not
directly operating aircraft in air transportation
(except an air express company) may not establish under this section a joint price for the
transportation of property with a carrier subject
to subtitle IV of this title.
(b) PRICES, CLASSIFICATIONS, RULES, AND PRACTICES AND DIVISIONS OF JOINT PRICES.—For
through service by an air carrier and a carrier
subject to subtitle IV of this title, the participating carriers shall establish—
(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) STATEMENTS INCLUDED IN TARIFFS.—An air
carrier and a carrier subject to subtitle IV of
this title that are participating in through service and joint prices shall include in their tariffs,
filed with the Secretary of Transportation, a
statement showing the through service and joint
prices.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1132;
Pub. L. 104–88, title III, § 308(l), Dec. 29, 1995, 109
Stat. 948; Pub. L. 105–102, § 2(22), Nov. 20, 1997, 111
Stat. 2205.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
41502(a) ......
41502(b) ......
41502(c) ......

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1483(b) (1st
sentence).
49 App.:1483(b) (2d
sentence).
49 App.:1483(b) (last
sentence).
49 App.:155(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726,
§ 1003(b), 72 Stat. 791.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

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 (Public
Law 104–88, 109 Stat. 948) struck ‘‘common’’ from the
text of 49:41502.
AMENDMENTS
1997—Pub. L. 105–102 struck out ‘‘common’’ before
‘‘carriers’’ in section catchline.
1995—Pub. L. 104–88 substituted ‘‘another carrier’’ for
‘‘another common carrier’’ in subsec. (a) and ‘‘a carrier’’ for ‘‘a common carrier’’ in subsecs. (a), (b), and
(c).
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 701 of this title.

§ 41503

TITLE 49—TRANSPORTATION

§ 41503. Establishing joint prices for through
routes provided by State authorized carriers
Subject to sections 41309 and 42111 of this title,
a citizen of the United States providing transportation under section 41101(b) of this title may
make an agreement with an air carrier or foreign air carrier for joint prices for that transportation. The joint prices agreed to must be
the lowest of—
(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
section 41504 of this title; or
(3) a joint price prescribed by the Secretary
of Transportation under section 41507 of this
title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1132.)
HISTORICAL AND REVISION NOTES
Revised
Section
41503 ..........

Source (U.S. Code)
49 App.:1371(d)
(4)(A)(ii) (related
to joint rates,
fares), (B).

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72
Stat.
731,
§ 401(d)
(4)(A)(ii) (related to joint
rates, fares), (B); added
Nov. 9, 1977, Pub. L. 95–163,
§ 9, 91 Stat. 1281; restated
Oct. 24, 1978, Pub. L.
95–504, § 9, 92 Stat. 1713.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

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 section 41101(b)
of this title’’ are substituted for ‘‘any citizen of the
United States who undertakes, within any State, the
carriage of persons or property as a common carrier for
compensation or hire with aircraft capable of carrying
thirty or more persons pursuant to authority for such
carriage within such State granted by the appropriate
State agency’’ for clarity and because of the restatement of 49 App.:1371(d)(4)(A)(i) and (ii) (related to joint
services) in section 41101(b) of the revised title. The
words ‘‘the establishment of’’ are omitted as surplus.

(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) CHANGES.—(1) Except as provided in paragraph (2) of this subsection, an air carrier or foreign air carrier may change a price or a classification, rule, or practice affecting that price or
the value of the transportation provided under
that price, specified in a tariff of the carrier for
foreign air transportation only after 30 days
after the carrier has filed, published, and posted
notice of the proposed change in the same way
as required for a tariff under subsection (a) of
this section. However, the Secretary may prescribe an alternative notice requirement, of at
least 25 days, to allow an air carrier or foreign
air carrier to match a proposed change in a passenger fare or a charge of another air carrier or
foreign air carrier. A notice under this paragraph must state plainly the change proposed
and when the change will take effect.
(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) REJECTION OF CHANGES.—The Secretary
may reject a tariff or tariff change that is not
consistent with this section and regulations prescribed by the Secretary. A tariff or change that
is rejected is void.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1133.)
HISTORICAL AND REVISION NOTES
Revised
Section
41504(a) ......

§ 41504. Tariffs for foreign air transportation
(a) FILING AND CONTENTS.—In the way prescribed by regulation by the Secretary of Transportation, every air carrier and foreign air carrier shall file with the Secretary, publish, and
keep open to public inspection, tariffs showing
the prices for the foreign air transportation provided between places served by the carrier and
provided between places served by the carrier
and places served by another air carrier or foreign air carrier with which through service and
joint prices have been established. A tariff—
(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

Page 798

41504(b)(1) ..

41504(b)(2) ..

41504(c) ......

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1373(a) (1st
sentence, 2d sentence words before semicolon,
last sentence).
49 App.:1551(a)(4)(B)
(related to 49
App.:1373(a)),
(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726,
§ 403(a), 72 Stat. 758.

49 App.:1373(c)(1).

49 App.:1551(a)(4)(B)
(related to 49
App.:1373(c)(1)),
(b)(1)(E).
49 App.:1373(c)(2).
49 App.:1551(a)(4)(B)
(related to 49
App.:1373(c)(2)),
(b)(1)(E).
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).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(4)(B)
(related to § 403(a), (c)(1),
(2)), (b)(1)(E); added Oct. 4,
1984, Pub. L. 98–443, § 3(c),
(e), 98 Stat. 1703, 1704.
Aug. 23, 1958, Pub. L. 85–726,
§ 403(c)(1), (2), 72 Stat. 759;
Nov. 9, 1977, Pub. L. 95–163,
§ 10(a), 91 Stat. 1281; restated Oct. 24, 1978, Pub.
L. 95–504, § 22, 92 Stat. 1724;
Feb. 15, 1980, Pub. L.
96–192, § 24(b), (c), 94 Stat.
47.

Page 799

§ 41505

TITLE 49—TRANSPORTATION

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 (Public Law 96–192, 94 Stat. 35). Section 24(b) of S.
1300 of the 96th Congress (the derivative source for the
International Air Transportation Competition Act of
1979), as originally passed by both the Senate and the
House of Representatives, restated section 403(c)(2) of
the Federal Aviation Act of 1958 (Public Law 85–726, 72
Stat. 759) to read as it now does with a cross–reference
to section 1002(j)(9) of the Federal Aviation Act of 1958.
Also contained in those versions of S. 1300 in section
24(a) was an amendment to section 1002(j) of the Federal Aviation Act of 1958 to add a paragraph (9) that
contained language identical to what is now section
1002(j)(10) of the Federal Aviation Act of 1958. When S.
1300 was reported by the conference committee and enacted into law as the International Air Transportation
Competition Act of 1979, section 24(a) had been changed
so that a different paragraph (9) was added and what
had been paragraph (9) was now designated as a new
paragraph (10) to be added. Apparently, when the conference committee redesignated section 1002(j)(9) as
1002(j)(10) it did not make a corresponding change in
the cross–reference in section 403(c)(2). See 125 Cong.
Rec. 26936, 32147, 36939.

§ 41505. Uniform methods for establishing joint
prices, and divisions of joint prices, applicable to commuter air carriers
(a) DEFINITION.—In this section, ‘‘commuter
air carrier’’ means an air carrier providing
transportation under section 40109(f) of this title
that provides at least 5 scheduled roundtrips a
week between the same 2 places.

(b) GENERAL.—Except as provided in subsection (c) of this section, when the Secretary of
Transportation prescribes under section 41508 or
41509 of this title a uniform method generally
applicable to establishing joint prices and divisions of joint prices for and between air carriers
holding certificates issued under section 41102 of
this title, the Secretary shall make that uniform method apply to establishing joint prices
and divisions of joint prices for and between air
carriers and commuter air carriers.
(c) NOTICE REQUIRED BEFORE MODIFYING, SUSPENDING, OR ENDING TRANSPORTATION.—A commuter air carrier that has an agreement with an
air carrier to provide transportation for passengers and property that includes through service by the commuter air carrier over the commuter air carrier’s routes and air transportation
provided by the air carrier shall give the air carrier and the Secretary at least 90 days’ notice
before modifying, suspending, or ending the
transportation. If the commuter air carrier does
not give that notice, the uniform method of establishing joint prices and divisions of joint
prices referred to in subsection (b) of this section does not apply to the commuter air carrier.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1134.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

41505(a) ......

49 App.:1482a(2), (3).

Oct. 24, 1978, Pub. L. 95–504,
§ 37(c), 92 Stat. 1742.

41505(b) ......

49 App.:1482a(1) (1st
sentence).
49 App.:1551(b)(1)(E).

41505(c) ......

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

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 (Public Law 95–504, 92 Stat. 1705). Section 24 of H.R.
12611 of the 95th Congress (the derivative source for
416(b)(4)), added section 416(b)(3) to the Federal Aviation Act. Section 29(c) added provisions that eventually
were classified as 49 App.:1482a. Those provisions contained a reference to section 416(b)(3). When S. 2493
(passed in lieu of the House bill after being amended to
contain much of the text of the House bill) was reported by the conference committee and enacted into
law, section 32 added what had been a new 416(b)(3) as
a new 416(b)(4). However, the conference committee did
not make a corresponding change in the cross-reference
in section 37(c), that added 49 App.:1482a. See 124 Cong.
Rec. 30714, 30716, 36521, 36524. The word ‘‘scheduled’’ is
substituted for ‘‘pursuant to flight schedules’’ to eliminate unnecessary words. The words ‘‘the same 2 places’’
are substituted for ‘‘one pair of points’’ for consistency
in the revised title and with other titles of the United
States Code.
In subsection (b), the words ‘‘Except as provided in
subsection (c) of this section’’ are added for clarity.

§ 41506

TITLE 49—TRANSPORTATION

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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1134.)
HISTORICAL AND REVISION NOTES
Revised
Section
41506 ..........

Source (U.S. Code)
49 App.:1373(d).
49 App.:1551(a)(4)(B)
(related to 49
App.:1373(d)),
(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 403(d), 72 Stat. 759.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(4)(B)
(related
to
§ 403(d)),
(b)(1)(E); added Oct. 4,
1984, Pub. L. 98–443, § 3(c),
(e), 98 Stat. 1703, 1704.

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) GENERAL.—When the Secretary of Transportation decides that a price charged or received by an air carrier or foreign air carrier for
foreign air transportation, or a classification,
rule, or practice affecting that price or the value
of the transportation provided under that price,
is or will be unreasonably discriminatory, the
Secretary may—
(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) WHEN SECRETARY MAY ACT.—The Secretary
may act under this section on the Secretary’s
own initiative or on a complaint filed with the
Secretary and only after notice and an opportunity for a hearing.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1134.)

Page 800

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

41507(a) ......

49 App.:1482(f)
(words after 4th
comma).
49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726,
§ 1002(f), 72 Stat. 789.

41507(b) ......

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

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) GENERAL.—When the Secretary of Transportation decides that a division between air
carriers, foreign air carriers, or both, of a joint
price for foreign air transportation is or will be
unreasonable or unreasonably discriminatory
against any of those carriers, the Secretary
shall prescribe a reasonable division of the joint
price among those carriers. The Secretary may
order the adjustment in the division of the joint
price to be made retroactively to the date the
complaint was filed, the date the order for an investigation was made, or a later date the Secretary decides is reasonable.
(b) WHEN SECRETARY MAY ACT.—The Secretary
may act under this section on the Secretary’s
own initiative or on a complaint filed with the
Secretary and only after notice and an opportunity for a hearing.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1135.)
HISTORICAL AND REVISION NOTES
Revised
Section
41508(a) ......

Source (U.S. Code)
49 App.:1482(h)
(words after 3d
comma).
49 App.:1551(a)(5)(D)
(related to 49
App.:1482(h)),
(b)(1)(E).

41508(b) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1002(h), 72 Stat. 790; Nov.
9, 1977, Pub. L. 95–163,
§ 18(c), 91 Stat. 1287.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(5)(D)
(related
to
§ 1002(h)),
(b)(1)(E); added Oct. 4,
1984, Pub. L. 98–443, § 3(c),
(e), 98 Stat. 1703, 1704.

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 ‘‘un-

Page 801

TITLE 49—TRANSPORTATION

reasonable 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) CANCELLATION AND REJECTION.—(1) On the
initiative of the Secretary of Transportation or
on a complaint filed with the Secretary, the
Secretary may conduct a hearing to decide
whether a price for foreign air transportation
contained in an existing or newly filed tariff of
an air carrier or foreign air carrier, a classification, rule, or practice affecting that price, or the
value of the transportation provided under that
price, is lawful. The Secretary may begin the
hearing at once and without an answer or another formal pleading by the air carrier or foreign air carrier, but only after reasonable notice. If, after the hearing, the Secretary decides
that the price, classification, rule, or practice is
or will be unreasonable or unreasonably discriminatory, the Secretary may cancel or reject
the tariff and prevent the use of the price, classification, rule, or practice.
(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

§ 41509

(H) other factors.
(b) SUSPENSION.—(1)(A) Pending a decision
under subsection (a)(1) of this section, the Secretary may suspend a tariff and the use of a
price contained in the tariff or a classification,
rule, or practice affecting that price.
(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) EFFECTIVE TARIFFS AND PRICES WHEN TARIFF IS SUSPENDED, CANCELED, OR REJECTED.—(1)
If a tariff is suspended pending the outcome of a
proceeding under subsection (a) of this section
and the Secretary does not take final action in
the proceeding during the suspension period, the
tariff goes into effect at the end of that period
subject to cancellation when the proceeding is
concluded.
(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.

§ 41509

TITLE 49—TRANSPORTATION

(d) RESPONSE TO REFUSAL OF FOREIGN COUNTRY
TO ALLOW AIR CARRIER TO CHARGE A PRICE.—
When the Secretary finds that the government
or an aeronautical authority of a foreign country has refused to allow an air carrier to charge
a price contained in a tariff filed and published
under section 41504 of this title for foreign air
transportation to the foreign country—
(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 section
41504 of this title for foreign air transportation to the foreign country; and
(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) STANDARD FOREIGN FARE LEVEL.—(1)(A) In
this subsection, ‘‘standard foreign fare level’’
means—
(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 (Public Law
85–726, 72 Stat. 731), as added by section 24(a) of
the International Air Transportation Competition Act of 1979 (Public Law 96–192, 94 Stat. 46);
or
(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

Page 802

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) SUBMISSION OF ORDERS TO PRESIDENT.—The
Secretary shall submit to the President an order
made under this section suspending, canceling,
or rejecting a price for foreign air transportation, and an order rescinding the effectiveness
of such an order, before publishing the order.
Not later than 10 days after its submission, the
President may disapprove the order on finding
disapproval is necessary for United States foreign policy or national defense reasons.
(g) COMPLIANCE AS CONDITION OF CERTIFICATE
OR PERMIT.—This section and compliance with
an order of the Secretary under this section are
conditions to any certificate or permit held by
an air carrier or foreign air carrier. An air carrier or foreign air carrier may provide foreign
air transportation only as long as the carrier
maintains prices for that transportation that
comply with this section and orders of the Secretary under this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1135.)
HISTORICAL AND REVISION NOTES
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).
49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1002(j)(1), (2);
added Mar. 22, 1972, Pub.
L. 92–259, § 3(a), 86 Stat. 96;
restated Feb. 15, 1980, Pub.
L. 96–192, §§ 14, 15, 94 Stat.
40.

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).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(4)(B)
(related to § 403(c)(3)), (b)
(1)(E); added Oct. 4, 1984,
Pub. L. 98–443, § 3(c), (e), 98
Stat. 1703, 1704.

Page 803

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

41509(a)(3) ..

49 App.:1482(j)(5).

41509(b) ......

49 App.:1551(b)(1)(E).
49 App.:1373(c)(3).

41509(c)(1) ..

41509(c)(2) ..
41509(c)(3) ..
41509(d) ......

41509(e)
(1)(A).

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).
49 App.:1482(j)(1)
(4th sentence), (2)
(3d sentence).
49 App.:1551(b)(1)(E).
49 App.:1482(j)(1)
(5th, last sentences).
49 App.:1482(j)(2)
(last sentence).
49 App.:1482(j)(3).

49 App.:1551(b)(1)(E).
49 App.:1482(j)(7).

41509(e)
(1)(B).

49 App.:1482(j)(9).

41509(e)(2),
(3).

49 App.:1551(b)(1)(E).
49 App.:1482(j)(6),
(10).
49 App.:1551(b)(1)(E).
49 App.:1461(b).

41509(f) .......

41509(g) ......

§ 41509

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1002(j)(5);
added Mar. 22, 1972, Pub.
L. 92–259, § 3(a), 86 Stat. 98;
Feb. 15, 1980, Pub. L.
96–192, § 16, 94 Stat. 42.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 403(c)(3);
added Oct. 24, 1978, Pub. L.
95–504, § 22, 92 Stat. 1724.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1002(j)(3), (4);
added Mar. 22, 1972, Pub.
L. 92–259, § 3(a), 86 Stat. 98.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1002(j)(6), (7),
(9), (10); added Feb. 15,
1980, Pub. L. 96–192, § 24(a),
94 Stat. 45, 47.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 801(b); added
Mar. 22, 1972, Pub. L.
92–259, § 2, 86 Stat. 96.

49 App.:1551(b)(1)(E).
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
Pub. L. 85–726, which was classified to section 1482(j)(8)
of former Title 49, Transportation, prior to repeal by
Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379.

§ 41510

TITLE 49—TRANSPORTATION

§ 41510. Required adherence to foreign air transportation tariffs
(a) PROHIBITED ACTIONS BY AIR CARRIERS, FORAIR CARRIERS, AND TICKET AGENTS.—An air
carrier, foreign air carrier, or ticket agent may
not—
(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.
EIGN

(b) PROHIBITED ACTIONS BY ANY PERSON.—A
person may not knowingly—
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1138.)
HISTORICAL AND REVISION NOTES
Revised
Section
41510(a) ......

Source (U.S. Code)
49 App.:1373(b)(1)
(1st sentence).

49 App.:1551(a)(4)(B)
(related to 49
App.:1373(b)(1)),
(b)(1)(E).
41510(b) ......

49 App.:1373(b)(2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 403(b)(1) (1st sentence), 72
Stat. 759; restated Jan. 3,
1975, Pub. L. 93–623, §§ 7(a),
8(a), 88 Stat. 2105.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(4)(B)
(related
to
§ 403(b)),
(b)(1)(E); added Oct. 4,
1984, Pub. L. 98–443, § 3(c),
(e), 98 Stat. 1703, 1704.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 403(b)(2);
added Jan. 3, 1975, Pub. L.
93–623, § 8(a), 88 Stat. 2105.

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),

Page 804

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) FREE AND REDUCED PRICING.—This chapter
does not prohibit an air carrier or foreign air
carrier, under terms the Secretary of Transportation prescribes, from issuing or interchanging
tickets or passes for free or reduced-price foreign air transportation to or for the following:
(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) SPACE-AVAILABLE BASIS.—Under terms the
Secretary prescribes, an air carrier or foreign
air carrier may grant reduced-price foreign air
transportation on a space-available basis to the
following:
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1139.)

Page 805

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

41511(a) ......

49 App.:1373(b)(1) (2d
sentence).

Aug. 23, 1958, Pub. L. 85–726,
§ 403(b)(1) (2d– last sentences), 72 Stat. 759; July
12, 1960, Pub. L. 86–627, 74
Stat. 445; Jan. 3, 1975, Pub.
L. 93–623, § 8(a), 88 Stat.
2105; Nov. 9, 1977, Pub. L.
95–163, § 8(a), 91 Stat. 1281.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(4)(B)
(related
to
§ 403(b)(1)),
(b)(1)(E); added Oct. 4,
1984, Pub. L. 98–443, § 3(c),
(e), 98 Stat. 1703, 1704.

49 App.:1551(a)(4)(B)
(related to 49
App.:1373(b)(1)),
(b)(1)(E).
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
Sec.

41701.
41702.
41703.
41704.
41705.
41706.
41707.
41708.
41709.
41710.
41711.
41712.
41713.
41714.
41715.
41716.
41717.

§ 41701

TITLE 49—TRANSPORTATION

Classification of air carriers.
Interstate air transportation.
Navigation of foreign civil aircraft.
Transporting property not to be transported
in aircraft cabins.
Discrimination against handicapped individuals.
Prohibitions against smoking on scheduled
flights.
Incorporating contract terms into written instrument.
Reports.
Records of air carriers.
Time requirements.
Air carrier management inquiry and cooperation with other authorities.
Unfair and deceptive practices and unfair
methods of competition.
Preemption of authority over prices, routes,
and service.
Availability of slots.
Phase-out of slot rules at certain airports.
Interim slot rules at New York airports.
Interim application of slot rules at Chicago
O’Hare International Airport.

Special Rules 1 for Ronald Reagan Washington National Airport.
41719.
Air service termination notice.
41720.
Joint venture agreements.
41721.
Reports by carriers on incidents involving
animals during air transport.
41722.
Delay reduction actions.
41723.
Notice concerning aircraft assembly.
SUBCHAPTER II—SMALL COMMUNITY AIR
SERVICE
41718.

41731.
41732.
41733.
41734.

Definitions.
Basic essential air service.
Level of basic essential air service.
Ending, suspending, and reducing basic essential air service.
41735.
Enhanced essential air service.
41736.
Air transportation to noneligible places.
41737.
Compensation guidelines, limitations, and
claims.
41738.
Fitness of air carriers.
41739.
Air carrier obligations.
41740.
Joint proposals.
41741.
Insurance.
41742.
Essential air service authorization.
41743.
Airports not receiving sufficient service.
41744.
Preservation of basic essential air service at
single carrier dominated hub airports.
41745.
Community and regional choice programs.
41746.
Tracking service.
41747.
EAS local participation program.
41748.
Marketing program.
SUBCHAPTER III—REGIONAL AIR SERVICE
INCENTIVE PROGRAM
41761.
41762.
41763.
41764.
41765.
41766.
41767.

Purpose.
Definitions.
Federal credit instruments.
Use of Federal facilities and assistance.
Administrative expenses.
Funding.
Termination.
AMENDMENTS

2003—Pub. L. 108–176, title IV, §§ 408(b), 410(b), 422(b),
title VIII, § 810(b), Dec. 12, 2003, 117 Stat. 2547, 2549, 2552,
2590, added items 41721 to 41723 and 41745 to 41748 and
struck out former item 41721 ‘‘Reports by carriers on
incidents involving animals during air transportation’’.
2000—Pub. L. 106–181, title II, §§ 203(b), 204(b), 210(b),
231(j)(2), title VII, § 710(b), Apr. 5, 2000, 114 Stat. 93, 94,
102, 115, 160, added items 41715 to 41718, redesignated
former items 41715 and 41716 as 41719 and 41720, respectively, and added items 41721, 41743, and 41744, subchapter III heading, and items 41761 to 41767.
1998—Pub. L. 105–277, div. C, title I, § 110(f)(2), Oct. 21,
1998, 112 Stat. 2681–590, which directed amendment of
the analysis for subchapter I of chapter 417 by adding
item 41716 without specifying the Code title or Act for
chapter 417, was executed by adding item 41716 to this
analysis to reflect the probable intent of Congress.
1996—Pub. L. 104–264, title II, § 278(d), Oct. 9, 1996, 110
Stat. 3250, substituted ‘‘Essential air service authorization’’ for ‘‘Ending effective date’’ in item 41742.
1994—Pub. L. 103–429, § 6(52), Oct. 31, 1994, 108 Stat.
4385, made technical correction to chapter heading.
Pub. L. 103–305, title II, §§ 206(b), 207(b), Aug. 23, 1994,
108 Stat. 1587, 1588, added items 41714 and 41715.

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
1 So

in original. Does not conform to section catchline.

§ 41702

TITLE 49—TRANSPORTATION

Page 806

(2) reasonable requirements for each class
when the Secretary decides those requirements are necessary in the public interest.

(2) consistent with any agreement between
the Government and the government of a foreign country.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1140.)

(c) PROVIDING AIR COMMERCE.—The Secretary
may authorize an aircraft permitted to navigate
in the United States under this section to provide air commerce in the United States. However, the aircraft may take on for compensation,
at a place in the United States, passengers or
cargo destined for another place in the United
States only if—
(1) specifically authorized under section
40109(g) of this title; or
(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.

HISTORICAL AND REVISION NOTES
Revised
Section
41701 ..........

Source (U.S. Code)
49 App.:1386(a).
49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 416(a), 72 Stat. 771.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1140.)
HISTORICAL AND REVISION NOTES
Revised
Section
41702 ..........

Source (U.S. Code)
49 App.:1374(a)(1).

49 App.:1551(a)(4)(C)
(related to 49
App.:1374(a)(1)).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 404(a)(1), 72 Stat. 760;
Mar. 22, 1972, Pub. L.
92–259, § 1, 86 Stat. 95; Oct.
24, 1978, Pub. L. 95–504,
§ 23, 92 Stat. 1724.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(4)(C)
(related
to
§ 404(a)(1));
added Oct. 4, 1984, Pub. L.
98–443, § 3(c), 98 Stat. 1703.

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) PERMITTED NAVIGATION.—A foreign aircraft, not part of the armed forces of a foreign
country, may be navigated in the United States
only—
(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) REQUIREMENTS FOR AUTHORIZING NAVIGATION.—The Secretary may authorize navigation
under this section only if the Secretary decides
the authorization is—
(1) in the public interest; and

(d) PERMIT REQUIREMENTS NOT AFFECTED.—
This section does not affect section 41301 or 41302
of this title. However, a foreign air carrier holding a permit under section 41302 does not need to
obtain additional authorization under this section for an operation authorized by the permit.
(e) CARGO IN ALASKA.—
(1) IN GENERAL.—For the purposes of subsection (c), eligible cargo taken on or off any
aircraft at a place in Alaska in the course of
transportation of that cargo by any combination of 2 or more air carriers or foreign air
carriers in either direction between a place in
the United States and a place outside the
United States shall not be deemed to have broken its international journey in, be taken on
in, or be destined for Alaska.
(2) ELIGIBLE CARGO.—For purposes of paragraph (1), the term ‘‘eligible cargo’’ means
cargo transported between Alaska and any
other place in the United States on a foreign
air carrier (having been transported from, or
thereafter being transported to, a place outside the United States on a different air carrier or foreign air carrier) that is carried—
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1140;
Pub. L. 108–176, title VIII, § 808, Dec. 12, 2003, 117
Stat. 2588.)
HISTORICAL AND REVISION NOTES
Revised
Section
41703(a) ......

Source (U.S. Code)
49 App.:1508(b) (1st
sentence).
49 App.:1551(b)(1)(E).

41703(b) ......
41703(c) ......

49 App.:1508(b) (2d
sentence).
49 App.:1551(b)(1)(E).
49 App.:1508(b) (3d
sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1108(b) (1st, 2d, last sentences), 72 Stat. 798, 799.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

Aug. 23, 1958, Pub. L. 85–726,
§ 1108(b) (3d sentence), 72
Stat. 799; Feb. 15, 1980,
Pub. L. 96–192, § 20, 94
Stat. 43.

Page 807

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

41703(d) ......

49 App.:1551(b)(1)(E).
49 App.:1508(b) (last
sentence).

Source (Statutes at Large)

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). Pub. L. 108–176 added subsec. (e).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

§ 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1141.)

tion 40105(b)) any foreign air carrier, may not
discriminate against an otherwise qualified individual on the following grounds:
(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) EACH
FENSE.—For

ACT CONSTITUTES SEPARATE OFpurposes of section 46301, a separate
violation occurs under this section for each individual act of discrimination prohibited by subsection (a).
(c) INVESTIGATION OF COMPLAINTS.—
(1) IN GENERAL.—The Secretary shall investigate each complaint of a violation of subsection (a).
(2) PUBLICATION OF DATA.—The Secretary
shall publish disability-related complaint data
in a manner comparable to other consumer
complaint data.
(3) REVIEW AND REPORT.—The Secretary shall
regularly review all complaints received by air
carriers alleging discrimination on the basis of
disability and shall report annually to Congress on the results of such review.
(4) TECHNICAL ASSISTANCE.—Not later than
180 days after the date of the enactment of
this subsection, the Secretary shall—
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141;
Pub. L. 106–181, title VII, § 707(a), Apr. 5, 2000, 114
Stat. 158; Pub. L. 108–176, title V, § 503(d)(1), Dec.
12, 2003, 117 Stat. 2559.)

HISTORICAL AND REVISION NOTES
Revised
Section
41704 ..........

§ 41705

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1516.

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1116; added
Aug. 5, 1974, Pub. L.
93–366, § 205, 88 Stat. 418.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

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’’.

§ 41705. Discrimination against handicapped individuals
(a) IN GENERAL.—In providing air transportation, an air carrier, including (subject to sec-

HISTORICAL AND REVISION NOTES
Revised
Section
41705 ..........

Source (U.S. Code)
49 App.:1374(c).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 404(c); added
Oct. 2, 1986, Pub. L. 99–435,
§ 2(a), 100 Stat. 1080.

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 Pub. L.
106–181, which was approved Apr. 5, 2000.
AMENDMENTS
2003—Subsec. (b). Pub. L. 108–176 substituted ‘‘section
46301’’ for ‘‘section 46301(a)(3)(E)’’.
2000—Pub. L. 106–181 designated existing provisions as
subsec. (a), inserted heading, substituted ‘‘carrier, in-

§ 41706

TITLE 49—TRANSPORTATION

cluding (subject to section 40105(b)) any foreign air carrier,’’ for ‘‘carrier’’ in introductory provisions, and
added subsecs. (b) and (c).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
ESTABLISHMENT OF HIGHER INTERNATIONAL STANDARDS
Pub. L. 106–181, title VII, § 707(c), Apr. 5, 2000, 114 Stat.
158, provided that: ‘‘The Secretary [of Transportation]
shall work with appropriate international organizations and the aviation authorities of other nations to
bring about the establishment of higher standards for
accommodating handicapped passengers in air transportation, particularly with respect to foreign air carriers that code-share with air carriers.’’

Page 808

carrier licensed by that foreign government at
such time as an alternative prohibition negotiated under paragraph (2) becomes effective
and is enforced by the Secretary.
(2) ALTERNATIVE PROHIBITION.—If, pursuant
to paragraph (1), a foreign government objects
to the prohibition under subsection (b), the
Secretary shall enter into bilateral negotiations with the objecting foreign government
to provide for an alternative smoking prohibition.
(d) REGULATIONS.—The Secretary shall prescribe such regulations as are necessary to carry
out this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141;
Pub. L. 106–181, title VII, § 708(a), Apr. 5, 2000, 114
Stat. 159.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41706 ..........

49 App.:1374(d)(1).

RESTRICTIONS ON AIR TRANSPORTATION OF PEANUTS;
SCIENTIFIC STUDY ON EFFECT OF AIRBORNE PARTICLES ON PASSENGERS
Pub. L. 106–69, title III, § 346, Oct. 9, 1999, 113 Stat.
1023, provided that: ‘‘Hereafter, none of the funds made
available under this Act or any other Act, may be used
to implement, carry out, or enforce any regulation issued under section 41705 of title 49, United States Code,
including any regulation contained in part 382 of title
14, Code of Federal Regulations, or any other provision
of law (including any Act of Congress, regulation, or
Executive order or any official guidance or correspondence thereto), that requires or encourages an air carrier (as that term is defined in section 40102 of title 49,
United States Code) to, on intrastate or interstate air
transportation (as those terms are defined in section
40102 of title 49, United States Code)—
‘‘(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 Pub. L. 105–277,
div. A, § 101(g) [title III, § 372], Oct. 21, 1998, 112 Stat.
2681–439, 2681–479.

§ 41706. Prohibitions against smoking on scheduled flights
(a) SMOKING PROHIBITION IN INTRASTATE AND
INTERSTATE AIR TRANSPORTATION.—An individual may not smoke in an aircraft in scheduled
passenger interstate air transportation or scheduled passenger intrastate air transportation.
(b) SMOKING PROHIBITION IN FOREIGN AIR
TRANSPORTATION.—The Secretary of Transportation shall require all air carriers and foreign
air carriers to prohibit smoking in any aircraft
in scheduled passenger foreign air transportation.
(c) LIMITATION ON APPLICABILITY.—
(1) IN GENERAL.—If a foreign government objects to the application of subsection (b) on
the basis that subsection (b) provides for an
extraterritorial application of the laws of the
United States, the Secretary shall waive the
application of subsection (b) to a foreign air

49 App.:1374 (note).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 404(d)(1);
added Dec. 22, 1987, Pub.
L. 100–202, § 328(a), 101
Stat. 1329–382; Nov. 21,
1989, Pub. L. 101–164, § 335
(less effective date), 103
Stat. 1098, 1099.
Nov. 21, 1989, Pub. L. 101–164,
§ 335 (related to effective
date), 103 Stat. 1099.

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
2000—Pub. L. 106–181 amended section catchline and
text generally. Prior to amendment, text read as follows:
‘‘(a) GENERAL.—An individual may not smoke in the
passenger cabin or lavatory of an aircraft on a scheduled airline flight segment in air transportation or
intrastate air transportation that is—
‘‘(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) REGULATIONS.—The Secretary of Transportation
shall prescribe regulations necessary to carry out this
section.’’
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–181, title VII, § 708(b), Apr. 5, 2000, 114 Stat.
159, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on
the date that is 60 days after the date of the enactment
of this Act [Apr. 5, 2000].’’

§ 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.

Page 809

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1141.)
HISTORICAL AND REVISION NOTES
Revised
Section
41707 ..........

Source (U.S. Code)
49 App.:1381(b).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 411(b); added
Oct. 4, 1984, Pub. L. 98–443,
§ 7(a), 98 Stat. 1706.

§ 41708. Reports
(a) APPLICATION.—To the extent the Secretary
of Transportation finds necessary to carry out
this subpart, this section and section 41709 of
this title apply to a person controlling an air
carrier or affiliated (within the meaning of section 11343(c) of this title) with a carrier.
(b) REQUIREMENTS.—The Secretary may require an air carrier or foreign air carrier—
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1141.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

41708(a) ......

49 App.:1377(e) (last
sentence).

Aug. 23, 1958, Pub. L. 85–726,
§ 407(e) (last sentence), 72
Stat. 766.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
§ 407(a), 72 Stat. 766; Feb.
15, 1980, Pub. L. 96–192,
§ 10, 94 Stat. 38.

49 App.:1551(b)(1)(E).

41708(b) ......

§ 41710

TITLE 49—TRANSPORTATION

49 App.:1377(a).

49 App.:1551(b)(1)(E).

In subsection (a), the word ‘‘reasonably’’ is omitted
as surplus. The words ‘‘carry out’’ are substituted for
‘‘administration’’ for consistency in the revised title.
The words ‘‘section 11343(c) of this title’’ are substituted for ‘‘section 5(8) of the Interstate Commerce
Act, as amended’’ in section 407(e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 766), to cite
the corresponding section of the revised title and correct the inaccurate reference to the definition of ‘‘affiliate’’.
In subsection (b)(3), the word ‘‘copy’’ is substituted
for ‘‘true copy’’ to eliminate an unnecessary word. The
word ‘‘transportation’’ is substituted for ‘‘traffic’’ for
consistency in the revised title.

tional records if the additional records do not
impair the integrity of the records prescribed or
approved by the Secretary and are not an unreasonable financial burden on the carrier.
(b) INSPECTION.—(1) The Secretary at any time
may—
(A) inspect the land, buildings, and equipment of an air carrier or foreign air carrier
when necessary to decide under subchapter II
of this chapter or section 41102, 41103, or 41302
of this title whether a carrier is fit, willing,
and able; and
(B) inspect records kept or required to be
kept by an air carrier, foreign air carrier, or
ticket agent.
(2) The Secretary may employ special agents
or auditors to carry out this subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1142.)
HISTORICAL AND REVISION NOTES
Revised
Section
41709(a) ......

49 App.:1377(d).
49 App.:1551(b)(1)(E).

41709(b) ......

49 App.:1377(e)
(1st–3d sentences).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 407(d), 72 Stat. 766.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
§ 407(e) (1st–3d sentences),
72 Stat. 766; Jan. 3, 1975,
Pub. L. 93–623, § 7(b), 88
Stat. 2105; restated Oct. 4,
1984, Pub. L. 98–443, § 9(t),
98 Stat. 1708.

49 App.:1551(b)(1)(E).

In subsection (a), the word ‘‘unreasonable’’ is substituted for ‘‘undue’’ for consistency in the revised title
and with other titles of the United States Code.
In subsection (b)(1)(A) and (B), the word ‘‘inspect’’ is
substituted for ‘‘have access to’’ for consistency in the
revised title and with other titles of the Code.
In subsection (b)(2), the words ‘‘to carry out this subsection’’ are substituted for ‘‘who shall have authority
under the orders of the Board to inspect and examine
lands, buildings, equipment, accounts, records, and
memorandums to which the Board has access under
this subsection’’ to eliminate unnecessary words.

§ 41710. Time requirements
When a matter requiring action of the Secretary of Transportation is submitted under section 40109(a) or (c)–(h), 41309, or 42111 of this title
and an evidentiary hearing—
(1) is ordered, the Secretary shall make a
final decision on the matter not later than the
last day of the 12th month that begins after
the date the matter is submitted; or
(2) is not ordered, the Secretary shall make
a final decision on the matter not later than
the last day of the 6th month that begins after
the date the matter is submitted.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1142.)
HISTORICAL AND REVISION NOTES

§ 41709. Records of air carriers
(a) REQUIREMENTS.—The Secretary of Transportation shall prescribe the form of records to
be kept by an air carrier, including records on
the movement of traffic, receipts and expenditures of money, and the time period during
which the records shall be kept. A carrier may
keep only records prescribed or approved by the
Secretary. However, a carrier may keep addi-

Source (U.S. Code)

Revised
Section
41710 ..........

Source (U.S. Code)
49 App.:1490.

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1010; added
Oct. 24, 1978, Pub. L.
95–504, § 38(a), 92 Stat. 1743.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

§ 41711

TITLE 49—TRANSPORTATION

In this section, before clause (1), the words ‘‘matter
requiring action of the Secretary’’ are substituted for
‘‘application or other written document’’ for clarity.
The reference to 49 App.:1378 and 1379 is omitted as obsolete because under 49 App.:1551(a)(7), those sections
ceased to be in effect on January 1, 1989. The words ‘‘on
or after the one-hundred-eightieth day after October 24,
1978’’ are omitted as executed. In clauses (1) and (2), the
words ‘‘order or’’ are omitted as surplus.

§ 41711. Air carrier management inquiry and cooperation with other authorities
In carrying out this subpart, the Secretary of
Transportation may—
(1) inquire into the management of the business of an air carrier and obtain from the air
carrier, and a person controlling, controlled
by, or under common control with the carrier,
information the Secretary decides reasonably
is necessary to carry out the inquiry;
(2) confer and hold a joint hearing with a
State authority; and
(3) exchange information related to aeronautics with a government of a foreign country through appropriate departments, agencies, and instrumentalities of the United
States Government.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1142.)
HISTORICAL AND REVISION NOTES

Page 810

air carrier, foreign air carrier, or ticket agent is
engaged in an unfair or deceptive practice or unfair method of competition, the Secretary shall
order the air carrier, foreign air carrier, or ticket agent to stop the practice or method.
(b) E-TICKET EXPIRATION NOTICE.—It shall be
an unfair or deceptive practice under subsection
(a) for any air carrier, foreign air carrier, or
ticket agent utilizing electronically transmitted
tickets for air transportation to fail to notify
the purchaser of such a ticket of its expiration
date, if any.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143;
Pub. L. 106–181, title II, § 221, Apr. 5, 2000, 114
Stat. 102.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41712 ..........

49 App.:1381(a).

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 411(a), 72 Stat. 769; Oct. 4,
1984, Pub. L. 98–443, § 7(a),
98 Stat. 1706.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

The words ‘‘such action by’’ are omitted as surplus.
The words ‘‘opportunity for a’’ are added for consistency in the revised title and with other titles of the
United States Code.
AMENDMENTS

Revised
Section
41711(1) ......

Source (U.S. Code)
49 App.:1385.
49 App.:1551(b)(1)(E).

41711(2) ......
41711(3) ......

49
49
49
49

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 204(b), (c), 415, 72 Stat.
743, 770.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

App.:1324(b).
App.:1551(b)(1)(E).
App.:1324(c)
App.:1551(b)(1)(E).

In this section, before clause (1), the words ‘‘In carrying out’’ are substituted for ‘‘in connection with any
matter arising under this chapter within its jurisdiction’’ and ‘‘in the administration and enforcement of
this chapter’’ in 49 App.:1324(b) and ‘‘For the purpose of
exercising and performing its powers and duties under
this chapter’’ in 49 App.:1385, and added (as the words
relate to 49 App.:1324(c)), for clarity and consistency in
this section. In clause (1), the words ‘‘full and complete
reports and other’’ are omitted as surplus. In clause (2),
the words ‘‘State aeronautical agency, or other’’ are
omitted as surplus. The text of 49 App.:1324(b) (words
after 3d comma) is omitted as surplus because of
49:322(c)(3). In clause (3), the words ‘‘government of a
foreign country’’ are substituted for ‘‘foreign governments’’ for consistency in the revised title and with
other titles of the United States Code.

§ 41712. Unfair and deceptive practices and unfair methods of competition
(a) IN GENERAL.—On the initiative of the Secretary of Transportation or the complaint of an
air carrier, foreign air carrier, or ticket agent,
and if the Secretary considers it is in the public
interest, the Secretary may investigate and decide whether an air carrier, foreign air carrier,
or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of
competition in air transportation or the sale of
air transportation. If the Secretary, after notice
and an opportunity for a hearing, finds that an

2000—Pub. L. 106–181 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 41713. Preemption of authority over prices,
routes, and service
(a) DEFINITION.—In this section, ‘‘State’’
means a State, the District of Columbia, and a
territory or possession of the United States.
(b) PREEMPTION.—(1) Except as provided in this
subsection, a State, political subdivision of a
State, or political authority of at least 2 States
may not enact or enforce a law, regulation, or
other provision having the force and effect of
law related to a price, route, or service of an air
carrier that may provide air transportation
under this subpart.
(2) Paragraphs (1) and (4) of this subsection do
not apply to air transportation provided entirely in Alaska unless the transportation is air
transportation (except charter air transportation) provided under a certificate issued under
section 41102 of this title.
(3) This subsection does not limit a State, political subdivision of a State, or political authority of at least 2 States that owns or operates an airport served by an air carrier holding
a certificate issued by the Secretary of Transportation from carrying out its proprietary powers and rights.
(4) TRANSPORTATION BY AIR CARRIER OR CARRIER
AFFILIATED WITH A DIRECT AIR CARRIER.—
(A) GENERAL RULE.—Except as provided in
subparagraph (B), a State, political subdivision of a State, or political authority of 2 or

Page 811

more States may not enact or enforce a law,
regulation, or other provision having the force
and effect of law related to a price, route, or
service of an air carrier or carrier affiliated
with a direct air carrier through common controlling ownership when such carrier is transporting property by aircraft or by motor vehicle (whether or not such property has had or
will have a prior or subsequent air movement).
(B) MATTERS NOT COVERED.—Subparagraph
(A)—
(i) shall not restrict the safety regulatory
authority of a State with respect to motor
vehicles, the authority of a State to impose
highway route controls or limitations based
on the size or weight of the motor vehicle or
the hazardous nature of the cargo, or the authority of a State to regulate motor carriers
with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization;
and
(ii) does not apply to the transportation of
household goods, as defined in section 13102
of this title.
(C) APPLICABILITY OF PARAGRAPH (1).—This
paragraph shall not limit the applicability of
paragraph (1).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143;
Pub. L. 103–305, title VI, § 601(b)(1), (2)(A), Aug.
23, 1994, 108 Stat. 1605, 1606; Pub. L. 105–102,
§ 2(23), Nov. 20, 1997, 111 Stat. 2205.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

41713(a) ......

49 App.:1305(c), (d)
(related to (a),
(b)(1), (c)).

41713(b)(1) ..

49 App.:1305(a)(1).

41713(b)(2) ..

49 App.:1305(a)(2).
49 App.:1551(b)(1)(E).

41713(b)(3) ..

§ 41714

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 105(a)(2),
(b)(1), (c), (d) (related to
(a), (b)(1), (c)); added Oct.
24, 1978, Pub. L. 95–504,
§ 4(a), 92 Stat. 1708.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 105(a)(1);
added Oct. 24, 1978, Pub. L.
95–504, § 4(a), 92 Stat. 1707;
Oct. 4, 1984, Pub. L. 98–443,
§ 9(u), 98 Stat. 1709.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

49 App.:1305(b)(1).
49 App.:1551(b)(1)(E).

In subsection (a), the words ‘‘the term’’ are omitted
as surplus. The words ‘‘the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, and’’ are omitted as
surplus because of the definition of ‘‘territory or possession of the United States’’ in section 40102(a) of the
revised title, 48:734, and section 502 of the Covenant to
Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of
America. The text of 49 App.:1305(c) is omitted as obsolete.
In subsection (b)(1) and (3), the words ‘‘interstate
agency or other’’ 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 (b)(1), the word ‘‘rule’’ is omitted as
being synonymous with ‘‘regulation’’. The words
‘‘standard’’ and ‘‘having authority’’ are omitted as surplus.
In subsection (b)(2), the words ‘‘pursuant to a certificate issued by the Board’’, ‘‘by air of persons, property,
or mail’’, and ‘‘the State of’’ are omitted as surplus.

PUB. L. 105–102
This amends 49:41713(b)(4)(B)(ii) to correct a cross-reference necessary because of the restatement of subtitle
IV of title 49 by the ICC Termination Act (Public Law
104–88, 109 Stat. 803).
AMENDMENTS
1997—Subsec. (b)(4)(B)(ii). Pub. L. 105–102 substituted
‘‘13102’’ for ‘‘10102’’.
1994—Subsec. (b)(2). Pub. L. 103–305, § 601(b)(2)(A), substituted ‘‘Paragraphs (1) and (4) of this subsection do’’
for ‘‘Paragraph (1) of this subsection does’’.
Subsec. (b)(4). Pub. L. 103–305, § 601(b)(1), added par.
(4).
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–305 effective Jan. 1, 1995,
see section 601(d) of Pub. L. 103–305, set out as a note
under section 10521 of this title.

§ 41714. Availability of slots
(a) MAKING SLOTS AVAILABLE FOR ESSENTIAL
AIR SERVICE.—
(1) OPERATIONAL AUTHORITY.—If basic essential air service under subchapter II of this
chapter is to be provided from an eligible
point to a high density airport (other than
Ronald Reagan Washington National Airport),
the Secretary of Transportation shall ensure
that the air carrier providing or selected to
provide such service has sufficient operational
authority at the high density airport to provide such service. The operational authority
shall allow flights at reasonable times taking
into account the needs of passengers with connecting flights.
(2) EXEMPTIONS.—If necessary to carry out
the objectives of paragraph (1), the Secretary
shall by order grant exemptions from the requirements of subparts K and S of part 93 of
title 14, Code of Federal Regulations (pertaining to slots at high density airports), to air
carriers using Stage 3 aircraft or to commuter
air carriers, unless such an exemption would
significantly increase operational delays.
(3) ASSURANCE OF ACCESS.—If the Secretary
finds that an exemption under paragraph (2)
would
significantly
increase
operational
delays, the Secretary shall take such action as
may be necessary to ensure that an air carrier
providing or selected to provide basic essential
air service is able to obtain access to a high
density airport.
(4) ACTION BY THE SECRETARY.—The Secretary shall issue a final order under this subsection on or before the 60th day after receiving a request from an air carrier for operational authority under this subsection.
(b) SLOTS FOR FOREIGN AIR TRANSPORTATION.—
(1) EXEMPTIONS.—If the Secretary finds it to
be in the public interest at a high density airport (other than Ronald Reagan Washington
National Airport), the Secretary may grant by
order exemptions from the requirements of
subparts K and S of part 93 of title 14, Code of
Federal Regulations (pertaining to slots at
high density airports), to enable air carriers
and foreign air carriers to provide foreign air
transportation using Stage 3 aircraft.
(2) SLOT WITHDRAWALS.—The Secretary may
not withdraw a slot at Chicago O’Hare Inter-

§ 41714

TITLE 49—TRANSPORTATION

national Airport from an air carrier in order
to allocate that slot to a carrier to provide
foreign air transportation.
(3) EQUIVALENT RIGHTS OF ACCESS.—The Secretary shall not take a slot at a high density
airport from an air carrier and award such slot
to a foreign air carrier if the Secretary determines that air carriers are not provided equivalent rights of access to airports in the country of which such foreign air carrier is a citizen.
(4) CONVERSIONS OF SLOTS.—Effective May 1,
2000, slots at Chicago O’Hare International
Airport allocated to an air carrier as of November 1, 1999, to provide foreign air transportation shall be made available to such carrier
to provide interstate or intrastate air transportation.
(c) SLOTS FOR NEW ENTRANTS.—If the Secretary finds it to be in the public interest, the
Secretary may by order grant exemptions from
the requirements under subparts K and S of part
93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to enable new entrant air carriers to provide air
transportation at high density airports (other
than Ronald Reagan Washington National Airport).
(d) SPECIAL RULES FOR RONALD REAGAN WASHINGTON NATIONAL AIRPORT.—
(1) IN GENERAL.—Notwithstanding sections
49104(a)(5) and 49111(e) of this title, or any provision of this section, the Secretary may, only
under circumstances determined by the Secretary to be exceptional, grant by order to an
air carrier currently holding or operating a
slot at Ronald Reagan Washington National
Airport an exemption from requirements
under subparts K and S of part 93 of title 14,
Code of Federal Regulations (pertaining to
slots at Ronald Reagan Washington National
Airport), to enable that carrier to provide air
transportation with Stage 3 aircraft at Ronald
Reagan Washington National Airport; except
that such exemption shall not—
(A) result in an increase in the total number of slots per day at Ronald Reagan Washington National Airport;
(B) result in an increase in the total number of slots at Ronald Reagan Washington
National Airport from 7:00 ante meridiem to
9:59 post meridiem;
(C) increase the number of operations at
Ronald Reagan Washington National Airport
in any 1-hour period by more than 2 operations;
(D) result in the withdrawal or reduction
of slots operated by an air carrier;
(E) result in a net increase in noise impact
on surrounding communities resulting from
changes in timing of operations permitted
under this subsection; and
(F) continue in effect on or after the date
on which the final rules issued under subsection (f) become effective.
(2) LIMITATION ON APPLICABILITY.—Nothing in
this subsection shall adversely affect Exemption No. 5133, as from time-to-time amended
and extended.
(e) STUDY.—

Page 812

(1) MATTERS TO BE CONSIDERED.—The Secretary shall continue the Secretary’s current
examination of slot regulations and shall ensure that the examination includes consideration of—
(A) whether improvements in technology
and procedures of the air traffic control system and the use of quieter aircraft make it
possible to eliminate the limitations on
hourly operations imposed by the high density rule contained in part 93 of title 14 of
the Code of Federal Regulations or to increase the number of operations permitted
under such rule;
(B) the effects of the elimination of limitations or an increase in the number of operations allowed on each of the following:
(i) congestion and delay in any part of
the national aviation system;
(ii) the impact of noise on persons living
near the airport;
(iii) competition in the air transportation system;
(iv) the profitability of operations of airlines serving the airport; and
(v) aviation safety;
(C) the impact of the current slot allocation process upon the ability of air carriers
to provide essential air service under subchapter II of this chapter;
(D) the impact of such allocation process
upon the ability of new entrant air carriers
to obtain slots in time periods that enable
them to provide service;
(E) the impact of such allocation process
on the ability of foreign air carriers to obtain slots;
(F) the fairness of such process to air carriers and the extent to which air carriers are
provided equivalent rights of access to the
air transportation market in the countries
of which foreign air carriers holding slots
are citizens;
(G) the impact, on the ability of air carriers to provide domestic and international
air service, of the withdrawal of slots from
air carriers in order to provide slots for foreign air carriers; and
(H) the impact of the prohibition on slot
withdrawals in subsections (b)(2) and (b)(3)
of this section on the aviation relationship
between the United States Government and
foreign governments, including whether the
prohibition in such subsections will require
the withdrawal of slots from general and
military aviation in order to meet the needs
of air carriers and foreign air carriers providing foreign air transportation (and the
impact of such withdrawal on general aviation and military aviation) and whether
slots will become available to meet the
needs of air carriers and foreign air carriers
to provide foreign air transportation as a result of the planned relocation of Air Force
Reserve units and the Air National Guard at
O’Hare International Airport.
(2) REPORT.—Not later than January 31, 1995,
the Secretary shall complete the current examination of slot regulations and shall transmit to the Committee on Commerce, Science,

Page 813

TITLE 49—TRANSPORTATION

and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives a report
containing the results of such examination.
(f) RULEMAKING.—The Secretary shall conduct
a rulemaking proceeding based on the results of
the study described in subsection (e). In the
course of such proceeding, the Secretary shall
issue a notice of proposed rulemaking not later
than August 1, 1995, and shall issue a final rule
not later than 90 days after public comments are
due on the notice of proposed rulemaking.
(g) WEEKEND OPERATIONS.—The Secretary
shall consider the advisability of revising section 93.227 of title 14, Code of Federal Regulations, so as to eliminate weekend schedules from
the determination of whether the 80 percent
standard of subsection (a)(1) of that section has
been met.
(h) DEFINITIONS.—In this section and sections
41715–41718 and 41734(h), the following definitions
apply:
(1) COMMUTER AIR CARRIER.—The term ‘‘commuter air carrier’’ means a commuter operator as defined or applied in subpart K or S of
part 93 of title 14, Code of Federal Regulations.
(2) HIGH DENSITY AIRPORT.—The term ‘‘high
density airport’’ means an airport at which
the Administrator limits the number of instrument flight rule takeoffs and landings of
aircraft.
(3) NEW ENTRANT AIR CARRIER.—The term
‘‘new entrant air carrier’’ means an air carrier
that does not hold a slot at the airport concerned and has never sold or given up a slot at
that airport after December 16, 1985, and a limited incumbent carrier.
(4) SLOT.—The term ‘‘slot’’ means a reservation for an instrument flight rule takeoff or
landing by an air carrier of an aircraft in air
transportation.
(5) LIMITED INCUMBENT AIR CARRIER.—The
term ‘‘limited incumbent air carrier’’ has the
meaning given that term in subpart S of part
93 of title 14, Code of Federal Regulations; except that—
(A) ‘‘20’’ shall be substituted for ‘‘12’’ in
sections 93.213(a)(5), 93.223(c)(3), and 93.225(h);
(B) for purposes of such sections, the term
‘‘slot’’ shall include ‘‘slot exemptions’’; and
(C) for Ronald Reagan Washington National Airport, the Administrator shall not
count, for the purposes of section 93.213(a)(5),
slots currently held by an air carrier but
leased out on a long-term basis by that carrier for use in foreign air transportation and
renounced by the carrier for return to the
Department of Transportation or the Federal Aviation Administration.
(6) REGIONAL JET.—The term ‘‘regional jet’’
means a passenger, turbofan-powered aircraft
with a certificated maximum passenger seating capacity of less than 71.
(7) NONHUB AIRPORT.—The term ‘‘nonhub airport’’ means an airport that had less than .05
percent of the total annual boardings in the
United States as determined under the Federal
Aviation Administration’s Primary Airport
Enplanement Activity Summary for Calendar
Year 1997.

§ 41714

(8) SMALL HUB AIRPORT.—The term ‘‘small
hub airport’’ means an airport that had at
least .05 percent, but less than .25 percent, of
the total annual boardings in the United
States as determined under the summary referred to in paragraph (7).
(9) MEDIUM HUB AIRPORT.—The term ‘‘medium hub airport’’ means an airport that each
year has at least .25 percent, but less than 1.0
percent, of the total annual boardings in the
United States as determined under the summary referred to in paragraph (7).
(i) 60-DAY APPLICATION PROCESS.—
(1) REQUEST FOR SLOT EXEMPTIONS.—Any slot
exemption request filed with the Secretary
under this section or section 41716 or 41717
(other than subsection (c)) shall include—
(A) the names of the airports to be served;
(B) the times requested; and
(C) such additional information as the Secretary may require.
(2) ACTION ON REQUEST; FAILURE TO ACT.—
Within 60 days after a slot exemption request
under this section or section 41716 or 41717
(other than subsection (c)) is received by the
Secretary, the Secretary shall—
(A) approve the request if the Secretary
determines that the requirements of the section under which the request is made are
met;
(B) return the request to the applicant for
additional information relating to the request to provide air transportation; or
(C) deny the request and state the reasons
for its denial.
(3) 60-DAY PERIOD TOLLED FOR TIMELY REFOR MORE INFORMATION.—If the Secretary returns under paragraph (2)(B) the request for additional information during the
first 20 days after the request is filed, then the
60-day period under paragraph (2) shall be
tolled until the date on which the additional
information is filed with the Secretary.
(4) FAILURE TO DETERMINE DEEMED APPROVAL.—If the Secretary neither approves the
request under paragraph (2)(A) nor denies the
request under paragraph (2)(C) within the 60day period beginning on the date the request is
received, excepting any days during which the
60-day period is tolled under paragraph (3),
then the request is deemed to have been approved on the 61st day, after the request was
filed with the Secretary.
QUEST

(j) EXEMPTIONS MAY NOT BE TRANSFERRED.—
No exemption from the requirements of subparts
K and S of part 93 of title 14, Code of Federal
Regulations, granted under this section or section 41716, 41717, or 41718 may be bought, sold,
leased, or otherwise transferred by the carrier to
which it is granted.
(k) AFFILIATED CARRIERS.—For purposes of
this section and sections 41716, 41717, and 41718,
an air carrier that operates under the same designator code, or has or enters into a code-share
agreement, with any other air carrier shall not
qualify for a new slot or slot exemption as a new
entrant or limited incumbent air carrier at an
airport if the total number of slots and slot exemptions held by the two carriers at the airport
exceed 20 slots and slot exemptions.

§ 41715

TITLE 49—TRANSPORTATION

(Added Pub. L. 103–305, title II, § 206(a)(1), Aug.
23, 1994, 108 Stat. 1584; amended Pub. L. 104–287,
§ 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–66,
title III, § 345, Oct. 27, 1997, 111 Stat. 1449; Pub. L.
105–102, § 2(24), Nov. 20, 1997, 111 Stat. 2205; Pub.
L. 105–154, § 2(a)(1)(C), (2), Feb. 6, 1998, 112 Stat. 3;
Pub. L. 106–181, title II, § 231(a), (d)(2)–(4), Apr. 5,
2000, 114 Stat. 106, 112.)
HISTORICAL AND REVISION NOTES
PUB. L. 105–102
This amends 49:41714(d)(1) to make a conforming
cross-reference necessary because of the restatement of
the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–373, Public Law 99–591, 100
Stat. 3341–376) by section 2(26) of this Act as chapter 491
of title 49.
AMENDMENTS
2000—Subsec. (a)(3). Pub. L. 106–181, § 231(d)(2), struck
out before period at end ‘‘; except that the Secretary
shall not be required to make slots available at O’Hare
International Airport in Chicago, Illinois, if the number of slots available for basic essential air service (including slots specifically designated as essential air
service slots and slots used for such purposes) to and
from such airport is at least 132 slots’’.
Subsec. (b)(2). Pub. L. 106–181, § 231(d)(3), inserted ‘‘at
Chicago O’Hare International Airport’’ after ‘‘a slot’’
and struck out before period at end ‘‘if the withdrawal
of that slot would result in the withdrawal of slots
from an air carrier at O’Hare International Airport
under section 93.223 of title 14, Code of Federal Regulations, in excess of the total withdrawn from that air
carrier as of October 31, 1993’’.
Subsec. (b)(4). Pub. L. 106–181, § 231(d)(4), amended
heading and text of par. (4) generally. Prior to amendment, text read as follows: ‘‘This subsection and exemptions issued under this subsection shall cease to be
in effect when the final rules issued under subsection
(f) become effective.’’
Subsec. (c). Pub. L. 106–181, § 231(a)(4), reenacted subsec. heading and struck out ‘‘(1) IN GENERAL.—’’ before
‘‘If the Secretary finds’’, ‘‘and the circumstances to be
exceptional’’ before ‘‘, the Secretary may by’’, and par.
(2) heading and text. Text of par. (2) read as follows:
‘‘Exemptions issued under this subsection shall cease
to be in effect on or after the date on which the final
rules issued under subsection (f) become effective.’’
Subsec. (h). Pub. L. 106–181, § 231(a)(5)(A), in introductory provisions, substituted ‘‘and sections 41715–41718
and 41734(h)’’ for ‘‘and section 41734(h)’’.
Subsec. (h)(3). Pub. L. 106–181, § 231(a)(5)(B), struck
out ‘‘as defined in subpart S of part 93 of title 14, Code
of Federal Regulations’’ before period at end.
Subsec. (h)(5) to (9). Pub. L. 106–181, § 231(a)(5)(C),
added pars. (5) to (9).
Subsec. (i). Pub. L. 106–181, § 231(a)(1), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: ‘‘Within 120 days after receiving an application for an exemption under subsection (a)(2) to improve air service between a nonhub
airport (as defined in section 41731(a)(4)) and a high density airport subject to the exemption authority under
subsection (a), the Secretary shall grant or deny the
exemption. The Secretary shall notify the Senate Committee on Commerce, Science, and Transportation and
the House Committee on Transportation and Infrastructure of the grant or denial within 14 calendar days
after the determination and state the reasons for the
determination.’’
Subsecs. (j), (k). Pub. L. 106–181, § 231(a)(2), (3), added
subsecs. (j) and (k).
1998—Subsecs. (a)(1), (b)(1), (c)(1), (d). Pub. L. 105–154
substituted ‘‘Ronald Reagan Washington National Airport’’ for ‘‘Washington National Airport’’ wherever appearing in text and in subsec. (d) heading.
1997—Subsec. (d)(1). Pub. L. 105–102 substituted ‘‘sections 49104(a)(5) and 49111(e) of this title’’ for ‘‘sections

Page 814

6005(c)(5) and 6009(e) of the Metropolitan Washington
Airports Act of 1986’’.
Subsec. (i). Pub. L. 105–66 added subsec. (i).
1996—Subsec. (e)(2). Pub. L. 104–287 substituted
‘‘Transportation and Infrastructure’’ for ‘‘Public Works
and Transportation’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
RETURN OF WITHDRAWN SLOTS
Pub. L. 106–181, title II, § 231(d)(5), Apr. 5, 2000, 114
Stat. 112, provided that: ‘‘The Secretary [of Transportation] shall return any slot withdrawn from an air
carrier under section 41714(b) of title 49, United States
Code, before the date of the enactment of this Act [Apr.
5, 2000], to that carrier on April 30, 2000.’’

§ 41715. Phase-out of slot rules at certain airports
(a) TERMINATION.—The rules contained in subparts S and K of part 93, title 14, Code of Federal
Regulations, shall not apply—
(1) after July 1, 2002, at Chicago O’Hare
International Airport; and
(2) after January 1, 2007, at LaGuardia Airport or John F. Kennedy International Airport.
(b) STATUTORY CONSTRUCTION.—Nothing in this
section and sections 41714 and 41716–41718 shall
be construed—
(1) as affecting the Federal Aviation Administration’s authority for safety and the movement of air traffic; and
(2) as affecting any other authority of the
Secretary to grant exemptions under section
41714.
(c) FACTORS TO CONSIDER.—
(1) IN GENERAL.—Before the award of slot exemptions under sections 41714 and 41716–41718,
the Secretary of Transportation may consider,
among other determining factors, whether the
petitioning air carrier’s proposal provides the
maximum benefit to the United States economy, including the number of United States
jobs created by the air carrier, its suppliers,
and related activities. The Secretary should
give equal consideration to the consumer benefits associated with the award of such exemptions.
(2) APPLICABILITY.—Paragraph (1) does not
apply in any case in which the air carrier requesting the slot exemption is proposing to
use under the exemption a type of aircraft for
which there is not a competing United States
manufacturer.
(Added Pub. L. 106–181, title II, § 231(b)(2), Apr. 5,
2000, 114 Stat. 108.)
PRIOR PROVISIONS
A prior section 41715 was renumbered section 41719 of
this title.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 41716. Interim slot rules at New York airports
(a) EXEMPTIONS FOR AIR SERVICE TO SMALL AND
NONHUB AIRPORTS.—Subject to section 41714(i),

Page 815

§ 41717

TITLE 49—TRANSPORTATION

the Secretary of Transportation shall grant, by
order, exemptions from the requirements under
subparts K and S of part 93 of title 14, Code of
Federal Regulations (pertaining to slots at high
density airports) to any air carrier to provide
nonstop air transportation, using an aircraft
with a certificated maximum seating capacity
of less than 71, between LaGuardia Airport or
John F. Kennedy International Airport and a
small hub airport or nonhub airport—
(1) if the air carrier was not providing such
air transportation during the week of November 1, 1999;
(2) if the number of flights to be provided between such airports by the air carrier during
any week will exceed the number of flights
provided by the air carrier between such airports during the week of November 1, 1999; or
(3) if the air transportation to be provided
under the exemption will be provided with a
regional jet as replacement of turboprop air
transportation that was being provided during
the week of November 1, 1999.
(b) EXEMPTIONS FOR NEW ENTRANT AND LIMITED
INCUMBENT AIR CARRIERS.—Subject to section
41714(i), the Secretary shall grant, by order, exemptions from the requirements under subparts
K and S of part 93 of title 14, Code of Federal
Regulations (pertaining to slots at high density
airports), to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from LaGuardia Airport or John
F. Kennedy International Airport if the number
of slot exemptions granted under this subsection
to such air carrier with respect to such airport
when added to the slots and slot exemptions
held by such air carrier with respect to such airport does not exceed 20; except that the Secretary may grant not to exceed 4 additional slot
exemptions at LaGuardia Airport to an incumbent air carrier operating at least 20 but not
more than 28 slots at such airport as of October
1, 2004, to provide air transportation between
LaGuardia Airport and a small hub airport or
nonhub airport.
(c) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not be granted under this section with
respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).
(d) PRESERVATION OF CERTAIN EXISTING SLOTRELATED AIR SERVICE.—An air carrier that provides air transportation of passengers from
LaGuardia Airport or John F. Kennedy International Airport to a small hub airport or
nonhub airport, or to an airport that is smaller
than a nonhub airport, on or before the date of
the enactment of this subsection pursuant to an
exemption from the requirements of subparts K
and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), or where slots were issued to an air carrier conditioned on a specific airport being
served, may not terminate air transportation for
that route before July 1, 2003, unless—
(1) before October 1, 1999, the Secretary received a written air service termination notice
for that route; or
(2) after September 30, 1999, the air carrier
submits an air service termination notice
under section 41719 for that route and the Secretary determines that the carrier suffered ex-

cessive losses, including substantial losses on
operations on that route during any three
quarters of the year immediately preceding
the date of submission of the notice.
(Added Pub. L. 106–181, title II, § 231(c), Apr. 5,
2000, 114 Stat. 109; amended Pub. L. 108–447, div.
H, title I, § 199, Dec. 8, 2004, 118 Stat. 3235.)
REFERENCES IN TEXT
The date of the enactment of this subsection, referred
to in subsec. (d), is the date of enactment of Pub. L.
106–181, which was approved Apr. 5, 2000.
PRIOR PROVISIONS
A prior section 41716 was renumbered section 41720 of
this title.
AMENDMENTS
2004—Subsec. (b). Pub. L. 108–447 inserted before period at end ‘‘; except that the Secretary may grant not
to exceed 4 additional slot exemptions at LaGuardia
Airport to an incumbent air carrier operating at least
20 but not more than 28 slots at such airport as of October 1, 2004, to provide air transportation between
LaGuardia Airport and a small hub airport or nonhub
airport’’.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 41717. Interim application of slot rules at Chicago O’Hare International Airport
(a) SLOT OPERATING WINDOW NARROWED.—Effective July 1, 2001, the requirements of subparts
K and S of part 93 of title 14, Code of Federal
Regulations, do not apply with respect to aircraft operating before 2:45 post meridiem and
after 8:14 post meridiem at Chicago O’Hare
International Airport.
(b) EXEMPTIONS FOR AIR SERVICE TO SMALL AND
NONHUB AIRPORTS.—Effective May 1, 2000, subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions from
the requirements of subparts K and S of part 93
of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any air
carrier to provide nonstop air transportation,
using an aircraft with a certificated maximum
seating capacity of less than 71, between Chicago O’Hare International Airport and a small
hub or nonhub airport—
(1) if the air carrier was not providing such
air transportation during the week of November 1, 1999;
(2) if the number of flights to be provided between such airports by the air carrier during
any week will exceed the number of flights
provided by the air carrier between such airports during the week of November 1, 1999; or
(3) if the air transportation to be provided
under the exemption will be provided with a
regional jet as replacement of turboprop air
transportation that was being provided during
the week of November 1, 1999.
(c) EXEMPTIONS FOR NEW ENTRANT AND LIMITED
INCUMBENT AIR CARRIERS.—
(1) IN GENERAL.—The Secretary shall grant,
by order, 30 exemptions from the requirements
under subparts K and S of part 93 of title 14,

§ 41718

TITLE 49—TRANSPORTATION

Code of Federal Regulations, to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from
Chicago O’Hare International Airport.
(2) DEADLINE FOR GRANTING EXEMPTIONS.—
The Secretary shall grant an exemption under
paragraph (1) within 45 days of the date of the
request for such exemption if the person making the request qualifies as a new entrant air
carrier or limited incumbent air carrier.
(d) SLOTS USED TO PROVIDE TURBOPROP SERVICE.—

(1) IN GENERAL.—Except as provided in paragraph (2), a slot used to provide turboprop air
transportation that is replaced with regional
jet air transportation under subsection (b)(3)
may not be used, sold, leased, or otherwise
transferred after the date the slot exemption
is granted to replace the turboprop air transportation.
(2) TWO-FOR-ONE EXCEPTION.—An air carrier
that otherwise could not use 2 slots as a result
of paragraph (1) may use 1 of such slots to provide air transportation.
(3) WITHDRAWAL OF SLOT.—If the Secretary
determines that an air carrier that is using a
slot under paragraph (2) is no longer providing
the air transportation that replaced the turboprop air transportation, the Secretary shall
withdraw the slot that is being used under
paragraph (2).
(4) CONTINUATION.—If the Secretary determines that an air carrier that is using a slot
under paragraph (2) is no longer providing the
air transportation that replaced the turboprop
air transportation with a regional jet, the Secretary shall withdraw the slot being used by
the air carrier under paragraph (2) but shall
allow the air carrier to continue to hold the
exemption granted to the air carrier under
subsection (b)(3).
(e) INTERNATIONAL SERVICE AT O’HARE AIRPORT.—
(1) TERMINATION OF REQUIREMENTS.—Subject
to paragraph (2), the requirements of subparts
K and S of part 93 of title 14, Code of Federal
Regulations, shall be of no force and effect at
Chicago O’Hare International Airport after
May 1, 2000, with respect to any aircraft providing foreign air transportation.
(2) EXCEPTION RELATING TO RECIPROCITY.—
The Secretary may limit access to Chicago
O’Hare International Airport with respect to
foreign air transportation being provided by a
foreign air carrier domiciled in a country to
which an air carrier provides nonstop air
transportation from the United States if the
country in which that carrier is domiciled
does not provide reciprocal airport access for
air carriers.
(f) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not be granted under this section with
respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).
(g) PRESERVATION OF CERTAIN EXISTING SLOTRELATED AIR SERVICE.—An air carrier that provides air transportation of passengers from Chicago O’Hare International Airport to a small
hub airport or nonhub airport, or to an airport
that is smaller than a nonhub airport, on or be-

Page 816

fore the date of the enactment of this subsection
pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14,
Code of Federal Regulations (pertaining to slots
at high density airports), or where slots were issued to an air carrier conditioned on a specific
airport being served, may not terminate air
transportation service for that route for a period of 1 year after the date on which those requirements cease to apply to such airport unless—
(1) before October 1, 1999, the Secretary received a written air service termination notice
for that route; or
(2) after September 30, 1999, the air carrier
submits an air service termination notice
under section 41719 for that route and the Secretary determines that the carrier suffered excessive losses, including substantial losses on
operations on that route during the calendar
quarters immediately preceding submission of
the notice.
(Added Pub. L. 106–181, title II, § 231(d)(1), Apr. 5,
2000, 114 Stat. 110.)
REFERENCES IN TEXT
The date of the enactment of this subsection, referred
to in subsec. (g), is the date of enactment of Pub. L.
106–181, which was approved Apr. 5, 2000.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 41718. Special rules for Ronald Reagan Washington National Airport
(a) BEYOND-PERIMETER EXEMPTIONS.—The Secretary shall grant, by order, 24 exemptions from
the application of sections 49104(a)(5), 49109,
49111(e), and 41714 of this title to air carriers to
operate limited frequencies and aircraft on select routes between Ronald Reagan Washington
National Airport and domestic hub airports and
exemptions from the requirements of subparts K
and S of part 93, Code of Federal Regulations, if
the Secretary finds that the exemptions will—
(1) provide air transportation with domestic
network benefits in areas beyond the perimeter described in that section;
(2) increase competition by new entrant air
carriers or in multiple markets;
(3) not reduce travel options for communities served by small hub airports and medium hub airports within the perimeter described in section 49109; and
(4) not result in meaningfully increased
travel delays.
(b) WITHIN-PERIMETER EXEMPTIONS.—The Secretary shall grant, by order, 20 exemptions from
the requirements of sections 49104(a)(5), 49111(e),
and 41714 of this title and subparts K and S of
part 93 of title 14, Code of Federal Regulations,
to air carriers for providing air transportation
to airports within the perimeter established for
civil aircraft operations at Ronald Reagan
Washington National Airport under section
49109. The Secretary shall develop criteria for
distributing slot exemptions for flights within
the perimeter to such airports under this para-

Page 817

§ 41719

TITLE 49—TRANSPORTATION

graph in a manner that promotes air transportation—
(1) by new entrant air carriers and limited
incumbent air carriers;
(2) to communities without existing nonstop
air transportation to Ronald Reagan Washington National Airport;
(3) to small communities;
(4) that will provide competitive nonstop air
transportation on a monopoly nonstop route
to Ronald Reagan Washington National Airport; or
(5) that will produce the maximum competitive benefits, including low fares.
(c) LIMITATIONS.—
(1) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not be granted under this section
with respect to any aircraft that is not a
Stage 3 aircraft (as defined by the Secretary).
(2) GENERAL EXEMPTIONS.—The exemptions
granted under subsections (a) and (b) may not
be for operations between the hours of 10:00
p.m. and 7:00 a.m. and may not increase the
number of operations at Ronald Reagan Washington National Airport in any 1-hour period
during the hours between 7:00 a.m. and 9:59
p.m. by more than 3 operations.
(3) ALLOCATION OF WITHIN-PERIMETER EXEMPTIONS.—Of the exemptions granted under subsection (b)—
(A) without regard to the criteria contained in subsection (b)(1), six shall be for
air transportation to small hub airports and
nonhub airports;
(B) ten shall be for air transportation to
medium hub and smaller airports; and
(C) four shall be for air transportation to
airports without regard to their size.
(4) APPLICABILITY TO EXEMPTION NO. 5133.—
Nothing in this section affects Exemption No.
5133, as from time-to-time amended and extended.
(d) APPLICATION PROCEDURES.—The Secretary
shall establish procedures to ensure that all requests for exemptions under this section are
granted or denied within 90 days after the date
on which the request is made.
(e) APPLICABILITY OF CERTAIN LAWS.—Neither
the request for, nor the granting of an exemption, under this section shall be considered for
purposes of any Federal law a major Federal action significantly affecting the quality of the
human environment.
(f) COMMUTERS DEFINED.—For purposes of aircraft operations at Ronald Reagan Washington
National Airport under subpart K of part 93 of
title 14, Code of Federal Regulations, the term
‘‘commuters’’ means aircraft operations using
aircraft having a certificated maximum seating
capacity of 76 or less.
(Added Pub. L. 106–181, title II, § 231(e)(1), Apr. 5,
2000, 114 Stat. 112; amended Pub. L. 108–176, title
IV, §§ 425, 426(a), Dec. 12, 2003, 117 Stat. 2555.)
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–176, § 425(a), substituted
‘‘24 exemptions’’ for ‘‘12 exemptions’’ in introductory
provisions.
Subsec. (b). Pub. L. 108–176, § 425(b), in introductory
provisions, substituted ‘‘20 exemptions’’ for ‘‘12 exemp-

tions’’ and struck out ‘‘that were designated as medium
hub or smaller airports’’ before ‘‘within the perimeter
established’’.
Subsec. (c)(2). Pub. L. 108–176, § 425(c)(1), substituted
‘‘3 operations’’ for ‘‘two operations’’.
Subsec. (c)(3)(A). Pub. L. 108–176, § 425(c)(2)(A), substituted ‘‘without regard to the criteria contained in
subsection (b)(1), six’’ for ‘‘four’’ and struck out ‘‘and’’
at end.
Subsec. (c)(3)(B). Pub. L. 108–176, § 425(c)(2)(B), substituted ‘‘ten’’ for ‘‘eight’’ and ‘‘; and’’ for period at
end.
Subsec. (c)(3)(C). Pub. L. 108–176, § 425(c)(2)(C), added
subpar. (C).
Subsec. (d). Pub. L. 108–176, § 425(d), amended heading
and text of subsec. (d) generally. Prior to amendment,
text read as follows:
‘‘(1) DEADLINE FOR SUBMISSION.—All requests for exemptions under this section must be submitted to the
Secretary not later than the 30th day following the
date of the enactment of this subsection.
‘‘(2) DEADLINE FOR COMMENTS.—All comments with respect to any request for an exemption under this section must be submitted to the Secretary not later than
the 45th day following the date of the enactment of this
subsection.
‘‘(3) DEADLINE FOR FINAL DECISION.—Not later than
the 90th day following the date of the enactment of this
Act, the Secretary shall make a decision regarding
whether to approve or deny any request that is submitted to the Secretary in accordance with paragraph (1).’’
Subsec. (f). Pub. L. 108–176, § 426(a), added subsec. (f).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.
REGULATIONS
Pub. L. 108–176, title IV, § 426(b), Dec. 12, 2003, 117 Stat.
2556, provided that: ‘‘The Administrator of the Federal
Aviation Administration shall revise regulations to
take into account the amendment made by subsection
(a) [amending this section].’’
GENERAL AVIATION FLIGHTS AT RONALD REAGAN
WASHINGTON NATIONAL AIRPORT
Pub. L. 108–176, title VIII, § 823, Dec. 12, 2003, 117 Stat.
2595, provided that:
‘‘(a) SECURITY PLAN.—The Secretary of Homeland Security shall develop and implement a security plan to
permit general aviation aircraft to land and take off at
Ronald Reagan Washington National Airport.
‘‘(b) LANDINGS AND TAKEOFFS.—The Administrator of
the Federal Aviation Administration shall allow general aviation aircraft that comply with the requirements of the security plan to land and take off at the
Airport except during any period that the President
suspends the plan developed under subsection (a) due to
national security concerns.
‘‘(c) REPORT.—If the President suspends the security
plan developed under subsection (a), the President shall
submit to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report on the reasons for the suspension not
later than 30 days following the first day of the suspension. The report may be submitted in classified form.’’

§ 41719. Air service termination notice
(a) IN GENERAL.—An air carrier may not terminate interstate air transportation from a

§ 41720

TITLE 49—TRANSPORTATION

nonhub airport included on the Secretary of
Transportation’s latest published list of such
airports, unless such air carrier has given the
Secretary at least 45 days’ notice before such
termination.
(b) EXCEPTIONS.—The requirements of subsection (a) shall not apply when—
(1) the carrier involved is experiencing a sudden or unforeseen financial emergency, including natural weather related emergencies,
equipment-related emergencies, and strikes;
(2) the termination of transportation is
made for seasonal purposes only;
(3) the carrier involved has operated at the
affected nonhub airport for 180 days or less;
(4) the carrier involved provides other transportation by jet from another airport serving
the same community as the affected nonhub
airport; or
(5) the carrier involved makes alternative
arrangements, such as a change of aircraft
size, or other types of arrangements with a
part 121 or part 135 air carrier, that continues
uninterrupted service from the affected
nonhub airport.
FOR REGIONAL/COMMUTER CARJanuary 1, 1995, the Secretary
shall establish terms and conditions under
which regional/commuter carriers can be excluded from the termination notice requirement.
(d) DEFINITIONS.—In this section, the following
definitions apply:
(1) PART 121 AIR CARRIER.—The term ‘‘part 121
air carrier’’ means an air carrier to which part
121 of title 14, Code of Federal Regulations, applies.
(2) PART 135 AIR CARRIER.—The term ‘‘part 135
air carrier’’ means an air carrier to which part
135 of title 14, Code of Federal Regulations, applies.
(3) REGIONAL/COMMUTER CARRIERS.—The term
‘‘regional/commuter carrier’’ means—
(A) a part 135 air carrier; or
(B) a part 121 air carrier that provides air
transportation exclusively with aircraft having a seating capacity of no more than 70
passengers.

(c) WAIVERS
RIERS.—Before

(4) TERMINATION.—The term ‘‘termination’’
means the cessation of all service at an airport by an air carrier.
(Added Pub. L. 103–305, title II, § 207(a), Aug. 23,
1994, 108 Stat. 1587, § 41715; amended Pub. L.
103–429, § 6(53), Oct. 31, 1994, 108 Stat. 4385; Pub.
L. 104–287, § 5(73), Oct. 11, 1996, 110 Stat. 3396; renumbered § 41719, Pub. L. 106–181, title II,
§ 231(b)(1), Apr. 5, 2000, 114 Stat. 108; Pub. L.
108–176, title II, § 225(b)(1), Dec. 12, 2003, 117 Stat.
2528.)
HISTORICAL AND REVISION NOTES
This amends 49:41715(a) to conform to the style of
title 49.
AMENDMENTS
2003—Subsec. (d). Pub. L. 108–176 redesignated pars.
(2) to (5) as (1) to (4), respectively, and struck out
former par. (1) which defined ‘‘nonhub airport’’.
2000—Pub. L. 106–181 renumbered section 41715 of this
title as this section.

Page 818

1996—Subsec. (a). Pub. L. 104–287 substituted ‘‘Secretary of Transportation’s’’ for ‘‘Secretary’s’’.
1994—Subsec. (d)(1). Pub. L. 103–429 substituted
‘‘41731(a)(4)’’ for ‘‘41731(a)(3)’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE
Section 207(d) of Pub. L. 103–305 provided that: ‘‘The
amendments made by this section [enacting this section and amending section 46301 of this title] shall take
effect on February 1, 1995.’’

§ 41720. Joint venture agreements
(a) DEFINITIONS.—In this section, the following
definitions apply:
(1) JOINT VENTURE AGREEMENT.—The term
‘‘joint venture agreement’’ means an agreement between two or more major air carriers
on or after January 1, 1998, with regard to (A)
code-sharing, blocked-space arrangements,
long-term wet leases (as defined in section
207.1 of title 14, Code of Federal Regulations)
of a substantial number (as defined by the Secretary by regulation) of aircraft, or frequent
flyer programs, or (B) any other cooperative
working arrangement (as defined by the Secretary by regulation) between 2 or more major
air carriers that affects more than 15 percent
of the total number of available seat miles offered by the major air carriers.
(2) MAJOR AIR CARRIER.—The term ‘‘major
air carrier’’ means a passenger air carrier that
is certificated under chapter 411 of this title
and included in Carrier Group III under criteria contained in section 04 of part 241 of title
14, Code of Federal Regulations.
(b) SUBMISSION OF JOINT VENTURE
MENT.—At least 30 days before a joint

AGREEventure
agreement may take effect, each of the major
air carriers that entered into the agreement
shall submit to the Secretary—
(1) a complete copy of the joint venture
agreement and all related agreements; and
(2) other information and documentary material that the Secretary may require by regulation.
(c) EXTENSION OF WAITING PERIOD.—
(1) IN GENERAL.—The Secretary may extend
the 30-day period referred to in subsection (b)
until—
(A) in the case of a joint venture agreement with regard to code-sharing, the 150th
day following the last day of such period;
and
(B) in the case of any other joint venture
agreement, the 60th day following the last
day of such period.
(2) PUBLICATION OF REASONS FOR EXTENSION.—
If the Secretary extends the 30-day period referred to in subsection (b), the Secretary shall
publish in the Federal Register the Secretary’s reasons for making the extension.
(d) TERMINATION OF WAITING PERIOD.—At any
time after the date of submission of a joint venture agreement under subsection (b), the Sec-

Page 819

§ 41722

TITLE 49—TRANSPORTATION

retary may terminate the waiting periods referred to in subsections (b) and (c) with respect
to the agreement.
(e) REGULATIONS.—The effectiveness of a joint
venture agreement may not be delayed due to
any failure of the Secretary to issue regulations
to carry out this section.
(f) MEMORANDUM TO PREVENT DUPLICATIVE REVIEWS.—Promptly after the date of enactment of
this section, the Secretary shall consult with
the Assistant Attorney General of the Antitrust
Division of the Department of Justice in order
to establish, through a written memorandum of
understanding, preclearance procedures to prevent unnecessary duplication of effort by the
Secretary and the Assistant Attorney General
under this section and the antitrust laws of the
United States, respectively.
(g) PRIOR AGREEMENTS.—With respect to a
joint venture agreement entered into before the
date of enactment of this section as to which
the Secretary finds that—
(1) the parties submitted the agreement to
the Secretary before such date of enactment;
and
(2) the parties submitted all information on
the agreement requested by the Secretary,
the waiting period described in paragraphs (2)
and (3) shall begin on the date, as determined by
the Secretary, on which all such information
was submitted and end on the last day to which
the period could be extended under this section.
(h) LIMITATION ON STATUTORY CONSTRUCTION.—
The authority granted to the Secretary under
this section shall not in any way limit the authority of the Attorney General to enforce the
antitrust laws as defined in the first section of
the Clayton Act (15 U.S.C. 12).
(Added Pub. L. 105–277, div. C, title I, § 110(f)(1),
Oct. 21, 1998, 112 Stat. 2681–588, § 41716; renumbered § 41720 and amended Pub. L. 106–181, title
II, § 231(b)(1), title VII, § 709, Apr. 5, 2000, 114 Stat.
108, 159.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsecs. (f) and (g), is the date of enactment of Pub. L.
105–277, which was approved Oct. 21, 1998.
CODIFICATION
Pub. L. 105–277, § 110(f)(1), which directed amendment
of subchapter I of chapter 417 by adding this section at
the end, without specifying a Code title or Act, was executed by adding this section at the end of this subchapter to reflect the probable intent of Congress.
AMENDMENTS
2000—Pub. L. 106–181, § 231(b)(1), renumbered section
41716 of this title as this section.
Subsec. (a)(1). Pub. L. 106–181, § 709, substituted ‘‘an
agreement between two or more major air carriers’’ for
‘‘an agreement entered into by a major air carrier’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 41721. Reports by carriers on incidents involving animals during air transport
(a) IN GENERAL.—An air carrier that provides
scheduled passenger air transportation shall

submit monthly to the Secretary a report on
any incidents involving the loss, injury, or death
of an animal (as defined by the Secretary of
Transportation) during air transport provided
by the air carrier. The report shall be in such
form and contain such information as the Secretary determines appropriate.
(b) TRAINING OF AIR CARRIER EMPLOYEES.—The
Secretary shall work with air carriers to improve the training of employees with respect to
the air transport of animals and the notification
of passengers of the conditions under which the
air transport of animals is conducted.
(c) SHARING OF INFORMATION.—The Secretary
and the Secretary of Agriculture shall enter
into a memorandum of understanding to ensure
the sharing of information that the Secretary
receives under subsection (a).
(d) PUBLICATION OF DATA.—The Secretary shall
publish data on incidents and complaints involving the loss, injury, or death of an animal during
air transport in a manner comparable to other
consumer complaint and incident data.
(e) AIR TRANSPORT.—For purposes of this section, the air transport of an animal includes the
entire period during which an animal is in the
custody of an air carrier, from check-in of the
animal prior to departure until the animal is returned to the owner or guardian of the animal at
the final destination of the animal.
(Added Pub. L. 106–181, title VII, § 710(a), Apr. 5,
2000, 114 Stat. 159.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 41722. Delay reduction actions
(a) SCHEDULING REDUCTION MEETINGS.—The
Secretary of Transportation may request that
air carriers meet with the Administrator of the
Federal Aviation Administration to discuss
flight reductions at severely congested airports
to reduce overscheduling and flight delays during hours of peak operation if—
(1) the Administrator determines that it is
necessary to convene such a meeting; and
(2) the Secretary determines that the meeting is necessary to meet a serious transportation need or achieve an important public
benefit.
(b) MEETING CONDITIONS.—Any meeting under
subsection (a)—
(1) shall be chaired by the Administrator;
(2) shall be open to all scheduled air carriers;
and
(3) shall be limited to discussions involving
the airports and time periods described in the
Administrator’s determination.
(c) FLIGHT REDUCTION TARGETS.—Before any
such meeting is held, the Administrator shall
establish flight reduction targets for the meeting and notify the attending air carriers of those
targets not less than 48 hours before the meeting.
(d) DELAY REDUCTION OFFERS.—An air carrier
attending the meeting shall make any offer to
meet a flight reduction target to the Administrator rather than to another carrier.

§ 41723

TITLE 49—TRANSPORTATION

Page 820

(e) TRANSCRIPT.—The Administrator shall ensure that a transcript of the meeting is kept and
made available to the public not later than 3
business days after the conclusion of the meeting.

of Transportation may not decide that a place
described in subsection (a)(1) of this section is
not an eligible place on the basis of a passenger
subsidy at that place or on another basis that is
not specifically stated in this subchapter.

(Added Pub. L. 108–176, title IV, § 422(a), Dec. 12,
2003, 117 Stat. 2552.)

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143;
Pub. L. 106–181, title II, § 208, Apr. 5, 2000, 114
Stat. 95; Pub. L. 108–176, title II, § 225(b)(2), Dec.
12, 2003, 117 Stat. 2529.)

EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

§ 41723. Notice concerning aircraft assembly
The Secretary of Transportation shall require,
beginning after the last day of the 18-month period following the date of enactment of this section, an air carrier using an aircraft to provide
scheduled passenger air transportation to display a notice, on an information placard available to each passenger on the aircraft, that informs the passengers of the nation in which the
aircraft was finally assembled.

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41731(a)(1) ..

49 App.:1389(a)(1).

41731(a)(2) ..

49 App.:1389(k)(2).

41731(a)(3) ..
41731(a)(4) ..
41731(a)(5) ..
41731(b) ......

49
49
49
49

(Added Pub. L. 108–176, title VIII, § 810(a), Dec.
12, 2003, 117 Stat. 2590.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
text, is the date of enactment of Pub. L. 108–176, which
was approved Dec. 12, 2003.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

SUBCHAPTER II—SMALL COMMUNITY AIR
SERVICE
§ 41731. Definitions
(a) GENERAL.—In this subchapter—
(1) ‘‘eligible place’’ means a place in the
United States that—
(A)(i) was an eligible point under section
419 of the Federal Aviation Act of 1958 before
October 1, 1988;
(ii) received scheduled air transportation
at any time after January 1, 1990; and
(iii) is not listed in Department of Transportation Orders 89–9–37 and 89–12–52 as a
place ineligible for compensation under this
subchapter; or
(B) determined,1 on or after October 1, 1988,
and before the date of the enactment of the
Wendell H. Ford Aviation Investment and
Reform Act for the 21st Century, under this
subchapter by the Secretary to be eligible to
receive subsidized small community air service under section 41736(a).
(2) ‘‘enhanced essential air service’’ means
scheduled air transportation to an eligible
place of a higher level or quality than basic essential air service described in section 41732 of
this title.
(b) LIMITATION ON AUTHORITY TO DECIDE A
PLACE NOT AN ELIGIBLE PLACE.—The Secretary
1 So

in original. Probably should be ‘‘was determined,’’.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(a); added
Oct. 24, 1978, Pub. L.
95–504, § 33(a), 92 Stat. 1732;
Dec. 8, 1983, Pub. L. 98–213,
§ 10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, § 9(r),
98 Stat. 1708; restated Dec.
30, 1987, Pub. L. 100–223,
§ 202(a)(1), (2), (b)(1), 101
Stat. 1507, 1508; restated
Nov. 5, 1990, Pub. L.
101–508, § 9113(a), 104 Stat.
1388–363.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(k)(2)–(5);
added Oct. 24, 1978, Pub. L.
95–504, § 33(a), 92 Stat. 1732;
Dec. 8, 1983, Pub. L. 98–213,
§ 10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, § 9(r),
98 Stat. 1708; restated Dec.
30, 1987, Pub. L. 100–223,
§ 202(a)(1), (2), (b)(1), 101
Stat. 1507, 1517.

App.:1389(k)(3).
App.:1389(k)(4).
App.:1389(k)(5).
App.:1389(a)(2).

In this subchapter (except subsection (a)(1)(A) of this
section), the word ‘‘place’’ is substituted for ‘‘point’’
for clarity and consistency in the revised title.
In subsection (a)(1)(A), the words ‘‘was an eligible
point . . . before October 1, 1988’’ are substituted for ‘‘is
defined as an eligible point . . . as in effect before October 1, 1988’’ for clarity and to eliminate unnecessary
words.
In subsection (a)(2), the words ‘‘described in section
41732 of this title’’ are added for clarity.
In subsection (a)(3)–(5), the word ‘‘boardings’’ is substituted for ‘‘enplanements’’ for clarity and consistency in the revised title.
REFERENCES IN TEXT
Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a)(1)(A)(i), is section 419 of Pub. L.
85–726, which was classified to section 1389 of former
Title 49, Transportation, and was repealed and reenacted as this subchapter by Pub. L. 103–272, §§ 1(e), 7(b),
July 5, 1994, 108 Stat. 1143, 1379.
The date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (a)(1)(B), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5,
2000.
AMENDMENTS
2003—Subsec. (a)(3) to (5). Pub. L. 108–176 struck out
pars. (3) to (5) which defined ‘‘hub airport’’, ‘‘nonhub
airport’’, and ‘‘small hub airport’’, respectively.
2000—Subsec. (a)(1). Pub. L. 106–181 redesignated subpars. (A), (B), and (C) as cls. (i), (ii), and (iii), respectively, of subpar (A) and added subpar. (B).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

Page 821

§ 41732

TITLE 49—TRANSPORTATION

EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
CODE-SHARING PILOT PROGRAM
Pub. L. 108–176, title IV, § 406, Dec. 12, 2003, 117 Stat.
2545, provided that:
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall establish a pilot program under which the Secretary may require air carriers providing service with
compensation under subchapter II of chapter 417 of title
49, United States Code, and major air carriers (as defined in section 41716(a)(2) of such title) serving large
hub airports (as defined in section 40102 of such title) to
participate in multiple code-share arrangements consistent with normal industry practice whenever and
wherever the Secretary determines that such multiple
code-sharing arrangements would improve air transportation services.
‘‘(b) LIMITATION.—The Secretary may not require air
carriers to participate in the pilot program under this
section for more than 10 communities receiving service
under subchapter II of chapter 417 of title 49, United
States Code.’’
MEASUREMENT OF HIGHWAY MILES FOR PURPOSES OF
DETERMINING ELIGIBILITY OF ESSENTIAL AIR SERVICE
SUBSIDIES
Pub. L. 108–176, title IV, § 409, Dec. 12, 2003, 117 Stat.
2547, as amended by Pub. L. 110–190, § 4(d)(1), Feb. 28,
2008, 122 Stat. 644; Pub. L. 110–330, § 5(k), Sept. 30, 2008,
122 Stat. 3719; Pub. L. 111–69, § 5(k), Oct. 1, 2009, 123 Stat.
2055, provided that:
‘‘(a) REQUEST FOR SECRETARIAL REVIEW.—An eligible
place (as defined in section 41731 of title 49, United
States Code) with respect to which the Secretary has,
in the 2-year period ending on the date of enactment of
this Act [Dec. 12, 2003], eliminated (or tentatively
eliminated) compensation for essential air service to
such place, or terminated (or tentatively terminated)
the compensation eligibility of such place for essential
air service, under section 332 of the Department of
Transportation and Related Agencies Appropriations
Act, 2000 [Pub. L. 106–69] (49 U.S.C. 41731 note), section
205 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century [Pub. L. 106–181] (49
U.S.C. 41731 note), or any prior law of similar effect
based on the highway mileage of such place from the
nearest hub airport (as defined in section 40102 of such
title), may request the Secretary to review such action.
‘‘(b) DETERMINATION OF MILEAGE.—In reviewing an action under subsection (a), the highway mileage between
an eligible place and the nearest medium hub airport or
large hub airport is the highway mileage of the most
commonly used route between the place and the medium hub airport or large hub airport. In identifying
such route, the Secretary shall identify the most commonly used route for a community by—
‘‘(1) consulting with the Governor of a State or the
Governor’s designee; and
‘‘(2) considering the certification of the Governor of
a State or the Governor’s designee as to the most
commonly used route.
‘‘(c) ELIGIBILITY DETERMINATION.—Not later than 60
days after receiving a request under subsection (a), the
Secretary shall—
‘‘(1) determine whether the eligible place would
have been subject to an elimination of compensation
eligibility for essential air service, or termination of
the eligibility of such place for essential air service,
under the provisions of law referred to in subsection
(a) based on the determination of the highway mileage of such place from the nearest medium hub airport or large hub airport under subsection (b); and
‘‘(2) issue a final order with respect to the eligibility of such place for essential air service compensation under subchapter II of chapter 417 of title
49, United States Code.

‘‘(d) LIMITATION ON PERIOD OF FINAL ORDER.—A final
order issued under subsection (c) shall terminate on
September 30, 2010.’’
[Pub. L. 110–190, § 4(d)(2), Feb. 28, 2008, 122 Stat. 644,
provided that: ‘‘The amendment made by paragraph (1)
[amending section 409(d) of Pub. L. 108–176, set out
above] shall take effect on September 29, 2007, and shall
apply with respect to any final order issued under section 409(c) of such Act [section 409(c) of Pub. L. 108–176,
set out above] that was in effect on such date.’’]
MARKETING PRACTICES
Pub. L. 106–181, title II, § 207, Apr. 5, 2000, 114 Stat. 94,
provided that:
‘‘(a) REVIEW OF MARKETING PRACTICES THAT ADVERSELY AFFECT SERVICE TO SMALL OR MEDIUM COMMUNITIES.—Not later than 180 days after the date of the
enactment of this Act [Apr. 5, 2000], the Secretary [of
Transportation] shall review the marketing practices
of air carriers that may inhibit the availability of quality, affordable air transportation services to small- and
medium-sized communities, including—
‘‘(1) marketing arrangements between airlines and
travel agents;
‘‘(2) code-sharing partnerships;
‘‘(3) computer reservation system displays;
‘‘(4) gate arrangements at airports;
‘‘(5) exclusive dealing arrangements; and
‘‘(6) any other marketing practice that may have
the same effect.
‘‘(b) REGULATIONS.—If the Secretary finds, after conducting the review, that marketing practices inhibit
the availability of affordable air transportation services to small- and medium-sized communities, then,
after public notice and an opportunity for comment,
the Secretary may issue regulations that address the
problem or take other appropriate action.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section expands the authority or jurisdiction of the Secretary to issue regulations under chapter 417 of title 49,
United States Code, or under any other law.’’
RESTRICTIONS ON ESSENTIAL AIR SERVICE SUBSIDIES
Pub. L. 106–181, title II, § 205, Apr. 5, 2000, 114 Stat. 94,
provided that: ‘‘The Secretary [of Transportation] may
provide assistance under subchapter II of chapter 417 of
title 49, United States Code, with respect to a place
that is located within 70 highway miles of a hub airport
(as defined by section 41731 of such title) if the most
commonly used highway route between the place and
the hub airport exceeds 70 miles.’’
Pub. L. 106–69, title III, § 332, Oct. 9, 1999, 113 Stat.
1022, provided that: ‘‘Hereafter, notwithstanding 49
U.S.C. 41742, no essential air service subsidies shall be
provided to communities in the 48 contiguous States
that are located fewer than 70 highway miles from the
nearest large or medium hub airport, or that require a
rate of subsidy per passenger in excess of $200 unless
such point is greater than 210 miles from the nearest
large or medium hub airport.’’
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 105–277, div. A, § 101(g) [title III, § 334], Oct. 21,
1998, 112 Stat. 2681–439, 2681–471.
Pub. L. 105–66, title III, § 336, Oct. 27, 1997, 111 Stat.
1447.

§ 41732. Basic essential air service
(a) GENERAL.—Basic essential air service provided under section 41733 of this title is scheduled air transportation of passengers and
cargo—
(1) to a hub airport that has convenient connecting or single-plane air service to a substantial number of destinations beyond that
airport; or
(2) to a small hub or nonhub airport, when in
Alaska or when the nearest hub airport is
more than 400 miles from an eligible place.

§ 41733

TITLE 49—TRANSPORTATION

(b) MINIMUM REQUIREMENTS.—Basic essential
air service shall include at least the following:
(1)(A) for a place not in Alaska, 2 daily round
trips 6 days a week, with not more than one
intermediate stop on each flight; or
(B) for a place in Alaska, a level of service at
least equal to that provided in 1976 or 2 round
trips a week, whichever is greater, except that
the Secretary of Transportation and the appropriate State authority of Alaska may agree
to a different level of service after consulting
with the affected community.
(2) flights at reasonable times considering
the needs of passengers with connecting
flights at the airport and at prices that are
not excessive compared to the generally prevailing prices of other air carriers for like
service between similar places.
(3) for a place not in Alaska, service provided in an aircraft with an effective capacity
of at least 15 passengers if the average daily
boardings at the place in any calendar year
from 1976-1986 were more than 11 passengers
unless—
(A) that level-of-service requirement
would require paying compensation in a fiscal year under section 41733(d) or 41734(d) or
(e) of this title for the place when compensation otherwise would not have been paid for
that place in that year; or
(B) the affected community agrees with
the Secretary in writing to the use of smaller aircraft to provide service to the place.
(4) service accommodating the estimated
passenger and property traffic at an average
load factor, for each class of traffic considering seasonal demands for the service, of not
more than—
(A) 50 percent; or
(B) 60 percent when service is provided by
aircraft with more than 14 passenger seats.
(5) service provided in aircraft with at least
2 engines and using 2 pilots, unless scheduled
air transportation has not been provided to
the place in aircraft with at least 2 engines
and using 2 pilots for at least 60 consecutive
operating days at any time since October 31,
1978.
(6) service provided by pressurized aircraft
when the service is provided by aircraft that
regularly fly above 8,000 feet in altitude.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1144.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41732(a) ......

49 App.:1389(k)(1)
(1st sentence).

41732(b) ......

49 App.:1389(k)(1)
(last sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(k)(1);
added Oct. 24, 1978, Pub. L.
95–504, § 33(a), 92 Stat. 1732;
Dec. 8, 1983, Pub. L. 98–213,
§ 10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, § 9(r),
98 Stat. 1708; restated Dec.
30, 1987, Pub. L. 100–223,
§ 202(a)(1), (2), (b)(1), 101
Stat. 1507, 1516.

In subsection (a), before clause (1), the words ‘‘provided under section 41733 of this title’’ are added for
clarity. In clause (2), the words ‘‘from an eligible
place’’ are added for clarity.

Page 822

In subsection (b), before clause (1), the words ‘‘Basic
essential air service’’ are substituted for ‘‘Such transportation’’ for clarity and consistency in the revised
title. In clause (1)(B), the word ‘‘1976’’ is substituted for
‘‘calendar year 1976’’ to eliminate unnecessary words.
The words ‘‘appropriate State authority of Alaska’’ are
substituted for ‘‘State agency of the State of Alaska’’
for clarity and consistency with the source provisions
restated in section 41734(a) of the revised title. The
words ‘‘agree to a different level of service’’ are substituted for ‘‘otherwise specified under an agreement’’
for clarity. In clause (2), the word ‘‘prices’’ is substituted for ‘‘rates, fares, and charges’’ and ‘‘fares’’ because of the definition of ‘‘price’’ in section 40102(a) of
the revised title. In clause (3), before subclause (A), the
word ‘‘boardings’’ is substituted for ‘‘enplanements’’
for clarity and consistency in the revised title. The
words ‘‘from 1976-1986’’ are substituted for ‘‘beginning
after December 31, 1975, and ending on or before December 31, 1986’’ to eliminate unnecessary words. In subclause (B), the words ‘‘affected community’’ are substituted for ‘‘community concerned’’ for consistency
with the source provisions restated in clause (1)(B) of
this section. In clause (5), the words ‘‘for at least 60
consecutive operating days’’ are substituted for ‘‘on
each of 60 consecutive operating days’’ for clarity.

§ 41733. Level of basic essential air service
(a) DECISIONS MADE BEFORE OCTOBER 1, 1988.—
For each eligible place for which a decision was
made before October 1, 1988, under section 419 of
the Federal Aviation Act of 1958, establishing
the level of essential air transportation, the
level of basic essential air service for that place
shall be the level established by the Secretary of
Transportation for that place by not later than
December 29, 1988.
(b) DECISIONS NOT MADE BEFORE OCTOBER 1,
1988.—(1) The Secretary shall decide on the level
of basic essential air service for each eligible
place for which a decision was not made before
October 1, 1988, establishing the level of essential air transportation, when the Secretary receives notice that service to that place will be
provided by only one air carrier. The Secretary
shall make the decision by the last day of the 6month period beginning on the date the Secretary receives the notice. The Secretary may
impose notice requirements necessary to carry
out this subsection. Before making a decision,
the Secretary shall consider the views of any interested community and the appropriate State
authority of the State in which the community
is located.
(2) Until the Secretary has made a decision on
a level of basic essential air service for an eligible place under this subsection, the Secretary,
on petition by an appropriate representative of
the place, shall prohibit an air carrier from ending, suspending, or reducing air transportation
to that place that appears to deprive the place
of basic essential air service.
(c) AVAILABILITY OF COMPENSATION.—(1) If the
Secretary decides that basic essential air service
will not be provided to an eligible place without
compensation, the Secretary shall provide notice that an air carrier may apply to provide
basic essential air service to the place for compensation under this section. In selecting an applicant, the Secretary shall consider, among
other factors—
(A) the demonstrated reliability of the applicant in providing scheduled air service;
(B) the contractual and marketing arrangements the applicant has made with a larger

Page 823

carrier to ensure service beyond the hub airport;
(C) the interline arrangements that the applicant has made with a larger carrier to allow
passengers and cargo of the applicant at the
hub airport to be transported by the larger
carrier through one reservation, ticket, and
baggage check-in;
(D) the preferences of the actual and potential users of air transportation at the eligible
place, giving substantial weight to the views
of the elected officials representing the users;
and
(E) for an eligible place in Alaska, the experience of the applicant in providing, in Alaska,
scheduled air service, or significant patterns
of non-scheduled air service under an exemption granted under section 40109(a) and (c)–(h)
of this title.
(2) Under guidelines prescribed under section
41737(a) of this title, the Secretary shall pay the
rate of compensation for providing basic essential air service under this section and section
41734 of this title.
(d) COMPENSATION PAYMENTS.—The Secretary
shall pay compensation under this section at
times and in the way the Secretary decides is
appropriate. The Secretary shall end payment of
compensation to an air carrier for providing
basic essential air service to an eligible place
when the Secretary decides the compensation is
no longer necessary to maintain basic essential
air service to the place.
(e) REVIEW.—The Secretary shall review periodically the level of basic essential air service
for each eligible place. Based on the review and
consultations with an interested community
and the appropriate State authority of the State
in which the community is located, the Secretary may make appropriate adjustments in
the level of service, to the extent such adjustments are to a level not less than the basic essential air service level established under subsection (a) for the airport that serves the community.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1145;
Pub. L. 106–181, title II, § 209(b), Apr. 5, 2000, 114
Stat. 95.)
HISTORICAL AND REVISION NOTES
Revised
Section
41733(a) ......

41733(b)(1) ..
41733(b)(2) ..
41733(c) ......
41733(d) ......
41733(e) ......

§ 41734

TITLE 49—TRANSPORTATION

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1389(b)(1)(A)
(less last sentence
last 24 words), (C).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(b)(1), (3),
(4), (9); added Oct. 24, 1978,
Pub. L. 95–504, § 33(a), 92
Stat. 1732; Dec. 8, 1983,
Pub. L. 98–213, § 10, 97
Stat. 1461; Oct. 4, 1984,
Pub. L. 98–443, § 9(r), 98
Stat. 1708; restated Dec.
30, 1987, Pub. L. 100–223,
§ 202(a)(1), (2), (b)(1), 101
Stat. 1507, 1508, 1509, 1511.

49 App.:1389(b)(1)(A)
(last sentence last
24 words), (B).
49 App.:1389(b)(9).
49 App.:1389(b)(3).
49 App.:1389(b)(4).
49 App.:1389(b)(1)(D).

In subsection (a), the words ‘‘the level of basic essential air service for that place shall be the level established by the Secretary of Transportation for that
place’’ are substituted for ‘‘Such determination shall be
made’’ because the determinations for those places

have been made. The words ‘‘by not later than December 29, 1988’’ are substituted for ‘‘no later than the last
day of the 1-year period beginning on December 30,
1987’’ for clarity. The words ‘‘and only after consideration of the views of any interested community and the
State agency of the State in which such community is
located’’ and 49 App.:1389(b)(1)(C) are omitted as executed.
In subsections (b)(1) and (e), the words ‘‘appropriate
State authority’’ are substituted for ‘‘State agency’’
for clarity and consistency with the source provisions
restated in section 41734(a) of the revised title.
In section (b)(2), the words ‘‘that appears to deprive’’
are substituted for ‘‘which reasonably appears to deprive’’ to eliminate an unnecessary word.
In subsection (c)(1), before clause (A), the words ‘‘an
air carrier may apply to provide basic essential air
service to the place for compensation’’ are substituted
for ‘‘applications may be submitted by any air carrier
that is willing to provide such service to such point for
compensation’’ for clarity and to eliminate unnecessary words.
REFERENCES IN TEXT
Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a), is section 419 of Pub. L. 85–726,
which was classified to section 1389 of former Title 49,
Transportation, and was repealed and reenacted as this
subchapter by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994,
108 Stat. 1143, 1379.
AMENDMENTS
2000—Subsec. (e). Pub. L. 106–181 inserted before period at end ‘‘, to the extent such adjustments are to a
level not less than the basic essential air service level
established under subsection (a) for the airport that
serves the community’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECT ON CERTAIN ORDERS
Pub. L. 106–181, title II, § 209(c), Apr. 5, 2000, 114 Stat.
95, provided that: ‘‘All orders issued by the Secretary
[of Transportation] after September 30, 1999, and before
the date of the enactment of this Act [Apr. 5, 2000] establishing, modifying, or revoking essential air service
levels shall be null and void beginning on the 90th day
following such date of enactment. During the 90-day period, the Secretary shall reconsider such orders and
shall issue new orders consistent with the amendments
made by this section [amending this section and section 41742 of this title].’’

§ 41734. Ending, suspending, and reducing basic
essential air service
(a) NOTICE REQUIRED.—An air carrier may end,
suspend, or reduce air transportation to an eligible place below the level of basic essential air
service established for that place under section
41733 of this title only after giving the Secretary
of Transportation, the appropriate State authority, and the affected communities at least 90
days’ notice before ending, suspending, or reducing that transportation.
(b) CONTINUATION OF SERVICE FOR 30 DAYS
AFTER NOTICE PERIOD.—If at the end of the notice period under subsection (a) of this section
the Secretary has not found another air carrier
to provide basic essential air service to the eligible place, the Secretary shall require the carrier providing notice to continue to provide
basic essential air service to the place for an ad-

§ 41734

TITLE 49—TRANSPORTATION

ditional 30-day period or until another carrier
begins to provide basic essential air service to
the place, whichever occurs first.
(c) CONTINUATION OF SERVICE FOR ADDITIONAL
30-DAY PERIODS.—If at the end of the 30-day period under subsection (b) of this section the Secretary decides another air carrier will not provide basic essential air service to the place on a
continuing basis, the Secretary shall require the
carrier providing service to continue to provide
service for additional 30-day periods until another carrier begins providing service on a continuing basis. At the end of each 30-day period,
the Secretary shall decide if another carrier will
provide service on a continuing basis.
(d) CONTINUATION OF COMPENSATION AFTER NOTICE PERIOD.—If an air carrier receiving compensation under section 41733 of this title for
providing basic essential air service to an eligible place is required to continue to provide service to the place under this section after the 90day notice period under subsection (a) of this
section, the Secretary shall continue to pay that
compensation after the last day of that period.
The Secretary shall pay the compensation until
the Secretary finds another carrier to provide
the service to the place or the 90th day after the
end of that notice period, whichever is earlier.
If, after the 90th day after the end of the 90-day
notice period, the Secretary has not found another carrier to provide the service, the carrier
required to continue to provide that service
shall receive compensation sufficient—
(1) to pay for the fully allocated actual cost
to the carrier of performing the basic essential
air service that was being provided when the
90-day notice was given under subsection (a) of
this section plus a reasonable return on investment that is at least 5 percent of operating costs; and
(2) to provide the carrier an additional return that recognizes the demonstrated additional lost profits from opportunities foregone
and the likelihood that those lost profits increase as the period during which the carrier
is required to provide the service continues.
(e) COMPENSATION TO AIR CARRIERS ORIGINALLY
PROVIDING SERVICE WITHOUT COMPENSATION.—If
the Secretary requires an air carrier providing
basic essential air service to an eligible place
without compensation under section 41733 of this
title to continue providing that service after the
90-day notice period required by subsection (a)
of this section, the Secretary shall provide the
carrier with compensation after the end of the
90-day notice period that is sufficient—
(1) to pay for the fully allocated actual cost
to the carrier of performing the basic essential
air service that was being provided when the
90-day notice was given under subsection (a) of
this section plus a reasonable return on investment that is at least 5 percent of operating costs; and
(2) to provide the carrier an additional return that recognizes the demonstrated additional lost profits from opportunities foregone
and the likelihood that those lost profits increase as the period during which the carrier
is required to provide the service continues.
(f) FINDING REPLACEMENT CARRIERS.—When
the Secretary requires an air carrier to continue

Page 824

to provide basic essential air service to an eligible place, the Secretary shall continue to make
every effort to find another carrier to provide at
least that basic essential air service to the place
on a continuing basis.
(g) TRANSFER OF AUTHORITY.—If an air carrier,
providing basic essential air service under section 41733 of this title between an eligible place
and an airport at which the Administrator of
the Federal Aviation Administration limits the
number of instrument flight rule takeoffs and
landings of aircraft, provides notice under subsection (a) of this section of an intention to end,
suspend, or reduce that service and another carrier is found to provide the service, the Secretary shall require the carrier providing notice
to transfer any operational authority the carrier
has to land or take off at that airport related to
the service to the eligible place to the carrier
that will provide the service, if—
(1) the carrier that will provide the service
needs the authority; and
(2) the authority to be transferred is being
used to provide air service to another eligible
place.
(h) NONCONSIDERATION OF SLOT AVAILABILITY.—
In determining what is basic essential air service and in selecting an air carrier to provide
such service, the Secretary shall not consider as
a factor whether slots at a high density airport
are available for providing such service.
(i) EXEMPTION FROM HOLD-IN REQUIREMENTS.—
If, after the date of enactment of this subsection, an air carrier commences air transportation to an eligible place that is not receiving
scheduled passenger air service as a result of the
failure of the eligible place to meet requirements contained in an appropriations Act, the
air carrier shall not be subject to the requirements of subsections (b) and (c) with respect to
such air transportation.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1146;
Pub. L. 103–305, title II, § 206(c), Aug. 23, 1994, 108
Stat. 1587; Pub. L. 103–429, § 6(81), Oct. 31, 1994,
108 Stat. 4388; Pub. L. 108–176, title IV, § 401, Dec.
12, 2003, 117 Stat. 2542.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41734(a) ......

49 App.:1389(b)(2).

41734(b) ......

49 App.:1389(b)(5)
(1st sentence).
49 App.:1389(b)(5)
(last sentence).
49 App.:1389(b)(6)(A).
49 App.:1389(b)(6)(B).
49 App.:1389(b)(8).
49 App.:1389(b)(7).

41734(c) ......
41734(d) ......
41734(e) ......
41734(f) .......
41734(g) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(b)(2),
(5)–(8); added Oct. 24, 1978,
Pub. L. 95–504, § 33(a), 92
Stat. 1732; Dec. 8, 1983,
Pub. L. 98–213, § 10, 97
Stat. 1461; Oct. 4, 1984,
Pub. L. 98–443, § 9(r), 98
Stat. 1708; restated Dec.
30, 1987, Pub. L. 100–223,
§ 202(a)(1), (2), (b)(1), 101
Stat. 1507, 1509, 1510.

In subsection (b), the words ‘‘If at the end of the notice period under subsection (a) of this section’’ are
substituted for ‘‘If an air carrier has provided notice to
the Secretary under paragraph (2) of such air carrier’s
intention to suspend, terminate, or reduce service to
any eligible point below the level of basic essential air

Page 825

TITLE 49—TRANSPORTATION

service to such point, and if at the conclusion of the applicable period of notice’’ for clarity and to eliminate
unnecessary words.
In subsection (c), the words ‘‘either with or without
compensation’’ are omitted as unnecessary. The words
‘‘shall require the carrier providing service to continue
to provide service for additional 30-day periods’’ are
substituted for ‘‘shall extend such requirement for such
additional 30-day periods . . . as may be necessary to
continue basic essential air service to such eligible
point’’, and the words ‘‘the Secretary shall decide if another carrier will provide service on a continuing
basis’’ are substituted for ‘‘making the same determination’’, for clarity.
In subsections (d)(1) and (e)(1), the word ‘‘fair’’ is
omitted as being included in ‘‘reasonable’’.
In subsection (d), before clause (1), the words ‘‘basic
essential air service’’ are substituted for ‘‘air transportation’’ and ‘‘such transportation’’ for consistency with
the source provisions restated in this section. The
words ‘‘to continue to provide service to the place
under this section after the 90-day notice period under
subsection (a) of this section’’ are substituted for ‘‘to
continue service to such point beyond the date on
which such carrier would, but for paragraph (5), be able
to suspend, terminate, or reduce such service below the
level of basic essential air service to such point’’ to
eliminate unnecessary words.
In subsection (e), before clause (1), the words ‘‘basic
essential air service’’ are substituted for ‘‘air transportation’’ for consistency with the source provisions restated in this section. The words ‘‘after the end of the
90-day notice period that is’’ are substituted for ‘‘then’’
for clarity.
In subsection (f), the words ‘‘basic essential air service’’ are substituted for ‘‘air transportation which such
air carrier has proposed to terminate, reduce, or suspend’’ for consistency with the source provisions restated in this section.
In subsection (g)(2), the words ‘‘the authority to be
transferred is being used only to provide air service to
the eligible place’’ are substituted for ‘‘unless . . . such
authority is being used to provide air service with respect to more than 1 eligible point’’ for clarity and because of the restatement.
REFERENCES IN TEXT
The date of enactment of this subsection, referred to
in subsec. (i), is the date of enactment of Pub. L.
108–176, which was approved Dec. 12, 2003.
AMENDMENTS
2003—Subsec. (i). Pub. L. 108–176 added subsec. (i).
1994—Subsec. (g)(2). Pub. L. 103–429 amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘the authority to be transferred is being used only to
provide air service to the eligible place.’’
Subsec. (h). Pub. L. 103–305 added subsec. (h).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
DEFINITIONS
For definitions of the terms ‘‘slot’’ and ‘‘high density
airport’’ used in subsec. (h) of this section, see section
41714(h) of this title.

§ 41735. Enhanced essential air service
(a) PROPOSALS.—(1) A State or local government may submit a proposal to the Secretary of

§ 41735

Transportation for enhanced essential air service to an eligible place for which basic essential
air service is being provided under section 41733
of this title. The proposal shall—
(A) specify the level and type of enhanced essential air service the State or local government considers appropriate; and
(B) include an agreement related to compensation required for the proposed service.
(2) The agreement submitted under paragraph
(1)(B) of this subsection shall provide that—
(A) the State or local government or a person pay 50 percent of the compensation required for the proposed service and the United
States Government pay the remaining 50 percent; or
(B)(i) the Government pay 100 percent of the
compensation; and
(ii) if the proposed service is not successful
for at least a 2-year period under the criteria
prescribed by the Secretary under paragraph
(3) of this subsection, the eligible place is not
eligible for air service or air transportation
for which compensation is paid by the Secretary under this subchapter.
(3) The Secretary shall prescribe by regulation
objective criteria for deciding whether enhanced
essential air service to an eligible place under
this section is successful in terms of—
(A) increasing passenger usage of the airport
facilities at the place; and
(B) reducing the amount of compensation
provided by the Secretary under this subchapter for that service.
(b) DECISIONS.—Not later than 90 days after receiving a proposal under subsection (a) of this
section, the Secretary shall—
(1) approve the proposal if the Secretary decides the proposal is reasonable; or
(2) if the Secretary decides the proposal is
not reasonable, disapprove the proposal and
notify the State or local government of the
disapproval and the reasons for the disapproval.
(c) COMPENSATION PAYMENTS.—(1) The Secretary shall pay compensation under this section when and in the way the Secretary decides
is appropriate. Compensation for enhanced essential air service under this section may be
paid only for the costs incurred in providing air
service to an eligible place that are in addition
to the costs incurred in providing basic essential
air service to the place under section 41733 of
this title. The Secretary shall continue to pay
compensation under this section only as long
as—
(A) the air carrier maintains the level of enhanced essential air service;
(B) the State or local government or person
agreeing to pay compensation under this section continues to pay the compensation; and
(C) the Secretary decides the compensation
is necessary to maintain the service to the
place.
(2) The Secretary may require the State or
local government or person agreeing to pay
compensation under this section to make advance payments or provide other security to ensure that timely payments are made.

§ 41736

TITLE 49—TRANSPORTATION

Page 826

(d) REVIEW.—(1) The Secretary shall review periodically the enhanced essential air service provided to each eligible place under this section.
(2) For service for which the Government pays
50 percent of the compensation, based on the review and consultation with the affected community and the State or local government or person paying the remaining 50 percent of the compensation, the Secretary shall make appropriate
adjustments in the type and level of service to
the place.
(3) For service for which the Government pays
100 percent of the compensation, based on the
review and consultation with the State or local
government submitting the proposal, the Secretary shall decide whether the service has succeeded for at least a 2-year period under the criteria prescribed under subsection (a)(3) of this
section. If unsuccessful, the place is not eligible
for air service or air transportation for which
compensation is paid by the Secretary under
this subchapter.
(e) ENDING, SUSPENDING, AND REDUCING AIR
TRANSPORTATION.—An air carrier may end, suspend, or reduce air transportation to an eligible
place below the level of enhanced essential air
service established for that place by the Secretary under this section only after giving the
Secretary, the affected community, and the
State or local government or person paying
compensation for that service at least 30 days’
notice before ending, suspending, or reducing
the service. This subsection does not relieve the
carrier of an obligation under section 41734 of
this title.

In subsection (d)(2), the words ‘‘For service for which
the Government pays 50 percent of the compensation’’
are substituted for ‘‘If the enhanced essential air service approved under this subsection is to be at a 50 percent Federal share’’ because of the restatement. The
words ‘‘the remaining 50 percent’’ are substituted for
‘‘the non-Federal’’ for clarity and consistency in this
section.
In subsection (d)(3), the words ‘‘For service for which
the Government pays 100 percent of the compensation’’
are substituted for ‘‘If the enhanced essential air service approved under this subsection is to be at a 100 percent Federal share’’ because of the restatement.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1148.)

(2) In deciding whether a proposal is reasonable, the Secretary shall consider, among other
factors—
(A) the traffic-generating potential of the
place;
(B) the cost to the United States Government of providing the proposed transportation; and
(C) the distance of the place from the closest
hub airport.

HISTORICAL AND REVISION NOTES
Revised
Section
41735(a) ......

41735(b) ......
41735(c) ......
41735(d) ......
41735(e) ......

Source (U.S. Code)
49 App.:1389(c)(1),
(3)(C).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(c); added
Oct. 24, 1978, Pub. L.
95–504, § 33(a), 92 Stat.
1732; Dec. 8, 1983, Pub. L.
98–213, § 10, 97 Stat. 1461;
Oct. 4, 1984, Pub. L. 98–443,
§ 9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub.
L. 100–223, § 202(a)(1), (2),
(b)(1), 101 Stat. 1507, 1512.

49 App.:1389(c)(2).
49 App.:1389(c)(5)–(7).
49 App.:1389(c)(3)(A),
(B).
49 App.:1389(c)(4).

In subsections (a)(2)(B)(ii) and (d)(3), the words ‘‘air
service or air transportation for which compensation is
paid’’ are substituted for ‘‘air service for which compensation is payable’’ for consistency with the source
provisions restated in sections 41733 and 41736 of the revised title.
In subsection (a)(3), the word ‘‘prescribe’’ is substituted for ‘‘establish’’ for consistency in the revised
title.
In subsection (b), before clause (1), the words ‘‘issue
a decision’’ are omitted as unnecessary because of the
restatement.
In subsection (c)(1)(B), the words ‘‘State or local government or person agreeing to pay compensation under
this section’’ are substituted for ‘‘government or person agreeing to pay any non-Federal share’’ for clarity.
In subsection (c)(2), the words ‘‘State or local government or person agreeing to pay compensation under
this section’’ are substituted for ‘‘non-Federal payments for enhanced essential air service under this subsection’’ for clarity.

§ 41736. Air transportation to noneligible places
(a) PROPOSALS AND DECISIONS.—(1) A State or
local government may propose to the Secretary
of Transportation that the Secretary provide
compensation to an air carrier to provide air
transportation to a place that is not an eligible
place under this subchapter. Not later than 90
days after receiving a proposal under this section, the Secretary shall—
(A) decide whether to designate the place as
eligible to receive compensation under this
section; and
(B)(i) approve the proposal if the State or
local government or a person is willing and
able to pay 50 percent of the compensation for
providing the transportation, and notify the
State or local government of the approval; or
(ii) disapprove the proposal if the Secretary
decides the proposal is not reasonable under
paragraph (2) of this subsection, and notify the
State or local government of the disapproval
and the reasons for the disapproval.

(b) APPROVAL FOR CERTAIN AIR
TATION.—Notwithstanding subsection

TRANSPOR(a)(1)(B) of
this section, the Secretary shall approve a proposal under this section to compensate an air
carrier for providing air transportation to a
place in the 48 contiguous States or the District
of Columbia and designate the place as eligible
for compensation under this section if—
(1) at any time before October 23, 1978, the
place was served by a carrier holding a certificate under section 401 of the Federal Aviation
Act of 1958;
(2) the place is more than 50 miles from the
nearest small hub airport or an eligible place;
(3) the place is more than 150 miles from the
nearest hub airport; and
(4) the State or local government submitting
the proposal or a person is willing and able to
pay 25 percent of the cost of providing the
compensated transportation.

Paragraph (4) does not apply to any community
approved for service under this section during
the period beginning October 1, 1991, and ending
December 31, 1997.
(c) LEVEL OF AIR TRANSPORTATION.—(1) If the
Secretary designates a place under subsection

Page 827

§ 41736

TITLE 49—TRANSPORTATION

(a)(1) of this section as eligible for compensation
under this section, the Secretary shall decide,
not later than 6 months after the date of the
designation, on the level of air transportation to
be provided under this section. Before making a
decision, the Secretary shall consider the views
of any interested community, the appropriate
State authority of the State in which the place
is located, and the State or local government or
person agreeing to pay compensation for the
transportation under subsection (b)(4) of this
section.
(2) After making the decision under paragraph
(1) of this subsection, the Secretary shall provide notice that any air carrier that is willing to
provide the level of air transportation established under paragraph (1) for a place may submit an application to provide the transportation. In selecting an applicant, the Secretary
shall consider, among other factors—
(A) the factors listed in section 41733(c)(1) of
this title; and
(B) the views of the State or local government or person agreeing to pay compensation
for the transportation.
(d) COMPENSATION PAYMENTS.—(1) The Secretary shall pay compensation under this section when and in the way the Secretary decides
is appropriate. The Secretary shall continue to
pay compensation under this section only as
long as—
(A) the air carrier maintains the level of air
transportation established by the Secretary
under subsection (c)(1) of this section;
(B) the State or local government or person
agreeing to pay compensation for transportation under this section continues to pay
that compensation; and
(C) the Secretary decides the compensation
is necessary to maintain the transportation to
the place.
(2) The Secretary may require the State or
local government or person agreeing to pay
compensation under this section to make advance payments or provide other security to ensure that timely payments are made.
(e) REVIEW.—The Secretary shall review periodically the level of air transportation provided
under this section. Based on the review and consultation with any interested community, the
appropriate State authority of the State in
which the community is located, and the State
or local government or person paying compensation under this section, the Secretary may make
appropriate adjustments in the level of transportation.
(f) WITHDRAWAL OF ELIGIBILITY DESIGNATIONS.—After providing notice and an opportunity for interested persons to comment, the
Secretary may withdraw the designation of a
place under subsection (a)(1) of this section as
eligible to receive compensation under this section if the place has received air transportation
under this section for at least 2 years and the
Secretary decides the withdrawal would be in
the public interest. The Secretary by regulation
shall prescribe standards for deciding whether
the withdrawal of a designation under this subsection is in the public interest. The standards
shall include the factors listed in subsection
(a)(2) of this section.

(g) ENDING, SUSPENDING, AND REDUCING AIR
TRANSPORTATION.—An air carrier providing air
transportation for compensation under this section may end, suspend, or reduce that transportation below the level of transportation established by the Secretary under this section only
after giving the Secretary, the affected community, and the State or local government or person paying compensation under this section at
least 30 days’ notice before ending, suspending,
or reducing the transportation.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1149;
Pub. L. 106–181, title II, § 202, Apr. 5, 2000, 114
Stat. 91.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41736(a) ......

49 App.:1389(d)(1),
(2)(A), (C).

41736(b) ......
41736(c)(1) ..
41736(c)(2) ..
41736(d) ......

49 App.:1389(d)(2)(B).
49 App.:1389(d)(3)(A).
49 App.:1389(d)(4).
49 App.:1389(d)(5),
(7), (8).
49 App.:1389(d)(3)(B).
49 App.:1389(d)(2)(D).
49 App.:1389(d)(6).

41736(e) ......
41736(f) .......
41736(g) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(d); added
Oct. 24, 1978, Pub. L.
95–504, § 33(a), 92 Stat.
1732; Dec. 8, 1983, Pub. L.
98–213, § 10, 97 Stat. 1461;
Oct. 4, 1984, Pub. L. 98–443,
§ 9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub.
L. 100–223, § 202(a)(1), (2),
(b)(1), 101 Stat. 1507, 1513.

In subsection (a)(1), before clause (A), the words
‘‘that the Secretary provide compensation to an air
carrier to provide air transportation’’ are substituted
for ‘‘for compensated air transportation in accordance
with this subsection’’ for clarity. In clause (B)(i), the
word ‘‘transportation’’ is substituted for ‘‘proposed
compensated air transportation’’ to eliminate unnecessary words.
In subsections (c)–(g), the word ‘‘transportation’’ is
substituted for ‘‘service’’ for consistency with the
source provisions restated in subsections (a) and (b) of
this section.
In subsections (c)(1) and (e), the words ‘‘appropriate
State authority’’ are substituted for ‘‘State agency’’
for clarity and consistency with the source provisions
restated in section 41734(a) of the revised title.
In subsection (d), the text of 49 App.:1389(d)(5) is omitted as unnecessary because of the restatement.
In subsection (f), the word ‘‘prescribe’’ is substituted
for ‘‘establish’’ for consistency in the revised title and
with other titles of the United States Code.
REFERENCES IN TEXT
Section 401 of the Federal Aviation Act of 1958, referred to in subsec. (b)(1), is section 401 of Pub. L.
85–726, which was classified to section 1371 of former
Title 49, Transportation, and was repealed by Pub. L.
103–272, § 7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of
Title 49, Transportation. For disposition of section 1371
of former Title 49, see Table at the beginning of Title
49.
AMENDMENTS
2000—Subsec. (b). Pub. L. 106–181 inserted concluding
provisions.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 41737

TITLE 49—TRANSPORTATION

§ 41737. Compensation guidelines, limitations,
and claims
(a) COMPENSATION GUIDELINES.—(1) The Secretary of Transportation shall prescribe guidelines governing the rate of compensation payable under this subchapter. The guidelines shall
be used to determine the reasonable amount of
compensation required to ensure the continuation of air service or air transportation under
this subchapter. The guidelines shall—
(A) provide for a reduction in compensation
when an air carrier does not provide service or
transportation agreed to be provided;
(B) consider amounts needed by an air carrier to promote public use of the service or
transportation for which compensation is
being paid; and
(C) include expense elements based on representative costs of air carriers providing
scheduled air transportation of passengers,
property, and mail on aircraft of the type the
Secretary decides is appropriate for providing
the service or transportation for which compensation is being provided.
(2) Promotional amounts described in paragraph (1)(B) of this subsection shall be a special,
segregated element of the compensation provided to a carrier under this subchapter.
(b) REQUIRED FINDING.—The Secretary may
pay compensation to an air carrier for providing
air service or air transportation under this subchapter only if the Secretary finds the carrier is
able to provide the service or transportation in
a reliable way.
(c) CLAIMS.—Not later than 15 days after receiving a written claim from an air carrier for
compensation under this subchapter, the Secretary shall—
(1) pay or deny the United States Government’s share of a claim; and
(2) if denying the claim, notify the carrier of
the denial and the reasons for the denial.
(d) AUTHORITY TO MAKE AGREEMENTS AND
INCUR OBLIGATIONS.—(1) The Secretary may
make agreements and incur obligations from the
Airport and Airway Trust Fund established
under section 9502 of the Internal Revenue Code
of 1986 (26 U.S.C. 9502) to pay compensation
under this subchapter. An agreement by the Secretary under this subsection is a contractual obligation of the Government to pay the Government’s share of the compensation.
(2) Not more than $38,600,000 is available to the
Secretary out of the Fund for each of the fiscal
years ending September 30, 1993–1998, to incur
obligations under this section. Amounts made
available under this section remain available
until expended.
(e) ADJUSTMENTS TO ACCOUNT FOR SIGNIFICANTLY INCREASED COSTS.—
(1) IN GENERAL.—If the Secretary determines
that air carriers are experiencing significantly
increased costs in providing air service or air
transportation for which compensation is
being paid under this subchapter, the Secretary may increase the rates of compensation
payable under this subchapter without regard
to any agreement or requirement relating to
the renegotiation of contracts or any notice
requirement under section 41734.

Page 828

(2) READJUSTMENT IF COSTS SUBSEQUENTLY
DECLINE.—If an adjustment is made under
paragraph (1), and total unit costs subsequently decrease to at least the total unit cost
reflected in the compensation rate, then the
Secretary may reverse the adjustment previously made under paragraph (1) without regard to any agreement or requirement relating to the renegotiation of contracts or any
notice requirement under section 41734.
(3) SIGNIFICANTLY INCREASED COSTS DEFINED.—In this subsection, the term ‘‘significantly increased costs’’ means a total unit
cost increase (but not increases in individual
unit costs) of 10 percent or more in relation to
the total unit cost reflected in the compensation rate, based on the carrier’s internal audit
of its financial statements if such cost increase is incurred for a period of at least 2 consecutive months.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1151;
Pub. L. 108–176, title IV, § 402(a), Dec. 12, 2003, 117
Stat. 2543.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41737(a) ......

49 App.:1389(f).

41737(b) ......
41737(c) ......
41737(d) ......

49 App.:1389(e)(2).
49 App.:1389(g).
49 App.:1389(l).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(e)(2)–(g);
added Oct. 24, 1978, Pub. L.
95–504, § 33(a), 92 Stat. 1732;
Dec. 8, 1983, Pub. L. 98–213,
§ 10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, § 9(r),
98 Stat. 1708; restated Dec.
30, 1987, Pub. L. 100–223,
§ 202(a)(1), (2), (b)(1), 101
Stat. 1507, 1515.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(l); added
Nov. 5, 1990, Pub. L.
101–508,
§ 9113(b)(1),
104
Stat. 1388–363.

In subsection (a)(1), before clause (A), the word ‘‘prescribe’’ is substituted for ‘‘establish’’ to eliminate an
executed word. The words ‘‘air service or air transportation under this subchapter’’ are substituted for ‘‘air
service under this section’’ for consistency with the
source provisions restated in sections 41733, 41735, and
41736 of the revised title. In clause (C), the words ‘‘the
service or transportation for which compensation is
being provided’’ are substituted for ‘‘such service’’ for
clarity.
In subsection (a)(2), the words ‘‘compensation provided to a carrier under this subchapter’’ are substituted for ‘‘required compensation’’ for clarity.
In subsection (b), the words ‘‘air service or air transportation’’ are substituted for ‘‘air service’’ for consistency with the source provisions restated in sections
41733, 41735, and 41736 of the revised title.
In subsection (d)(2), the reference to fiscal year 1992
is omitted as obsolete.
AMENDMENTS
2003—Subsec. (e). Pub. L. 108–176 added subsec. (e).
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–176, title IV, § 402(b), Dec. 12, 2003,
2543, provided that: ‘‘The amendment made
section (a) [amending this section] shall take
days after the date of enactment of this Act
2003].’’

117 Stat.
by subeffect 30
[Dec. 12,

§ 41738. Fitness of air carriers
Notwithstanding section 40109(a) and (c)–(h) of
this title, an air carrier may provide air service

Page 829

§ 41741

TITLE 49—TRANSPORTATION

to an eligible place or air transportation to a
place designated under section 41736 of this title
only when the Secretary of Transportation decides that—
(1) the carrier is fit, willing, and able to perform the service or transportation; and
(2) aircraft used to provide the service or
transportation, and operations related to the
service or transportation, conform to the safety standards prescribed by the Administrator
of the Federal Aviation Administration.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1152;
Pub. L. 108–176, title IV, § 403, Dec. 12, 2003, 117
Stat. 2543.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41740 ..........

49 App.:1389(j).

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1152.)
HISTORICAL AND REVISION NOTES
Revised
Section
41738 ..........

Source (U.S. Code)
49 App.:1389(e)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(e)(1);
added Oct. 24, 1978, Pub. L.
95–504, § 33(a), 92 Stat. 1732;
Dec. 8, 1983, Pub. L. 98–213,
§ 10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, § 9(r),
98 Stat. 1708; restated Dec.
30, 1987, Pub. L. 100–223,
§ 202(a)(1), (2), (b)(1), 101
Stat. 1507, 1515.

In this section, before clause (1), the words ‘‘air
transportation to a place’’ are substituted for ‘‘service
to a point’’ for consistency with the source provisions
restated in sections 41733, 41735, and 41736 of the revised
title. In clauses (1) and (2), the words ‘‘service or transportation’’ are substituted for ‘‘such service’’ for consistency with the source provisions restated in sections
41733, 41735, and 41736 of the revised title.

§ 41739. Air carrier obligations
If at least 2 air carriers make an agreement to
operate under or use a single carrier designator
code to provide air transportation, the carrier
whose code is being used shares responsibility
with the other carriers for the quality of transportation provided the public under the code by
the other carriers.

The words ‘‘air service or air transportation’’ are substituted for ‘‘air service’’, and the words ‘‘the service or
transportation’’ are substituted for ‘‘service’’, for consistency with the source provisions restated in sections
41733, 41735, and 41736 of the revised title.
AMENDMENTS
2003—Pub. L. 108–176 inserted
fares,’’ after ‘‘joint proposals’’.

Revised
Section
41739 ..........

49 App.:1389(i).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(i); added
Oct. 24, 1978, Pub. L.
95–504, § 33(a), 92 Stat. 1732;
Dec. 8, 1983, Pub. L. 98–213,
§ 10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, § 9(r),
98 Stat. 1708; restated Dec.
30, 1987, Pub. L. 100–223,
§ 202(a)(1), (2), (b)(1), 101
Stat. 1507, 1516.

The words ‘‘quality of transportation’’ are substituted for ‘‘quality of service’’ for clarity and consistency in this section.

§ 41740. Joint proposals
The Secretary of Transportation shall encourage the submission of joint proposals, including
joint fares, by 2 or more air carriers for providing air service or air transportation under this
subchapter through arrangements that maximize the service or transportation to and from
major destinations beyond the hub.

joint

EFFECTIVE DATE OF 2003 AMENDMENT

§ 41741. Insurance
The Secretary of Transportation may pay an
air carrier compensation under this subchapter
only when the carrier files with the Secretary
an insurance policy or self-insurance plan approved by the Secretary. The policy or plan
must be sufficient to pay for bodily injury to, or
death of, an individual, or for loss of or damage
to property of others, resulting from the operation of aircraft, but not more than the amount
of the policy or plan limits.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1152.)
HISTORICAL AND REVISION NOTES
Revised
Section
41741 ..........

Source (U.S. Code)

‘‘, including

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1152.)
HISTORICAL AND REVISION NOTES

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(j); added
Oct. 24, 1978, Pub. L.
95–504, § 33(a), 92 Stat. 1732;
Dec. 8, 1983, Pub. L. 98–213,
§ 10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, § 9(r),
98 Stat. 1708; restated Dec.
30, 1987, Pub. L. 100–223,
§ 202(a)(1), (2), (b)(1), 101
Stat. 1507, 1516.

Source (U.S. Code)
49 App.:1389(h).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(h); added
Oct. 24, 1978, Pub. L.
95–504, § 33(a), 92 Stat. 1732;
Dec. 8, 1983, Pub. L. 98–213,
§ 10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, § 9(r),
98 Stat. 1708; restated Dec.
30, 1987, Pub. L. 100–223,
§ 202(a)(1), (2), (b)(1), 101
Stat. 1507, 1516.

The words ‘‘The Secretary of Transportation may pay
. . . only when’’ are substituted for ‘‘An air carrier
shall not receive . . . unless’’ for clarity. The words
‘‘approved by the Secretary’’ are substituted for ‘‘complies with regulations or orders issued by the Secretary
governing the filing and approval’’ to eliminate unnecessary words. The words ‘‘The policy or plan must be
sufficient to pay . . . but not more than the amount of
the policy or plan limits’’ are substituted for ‘‘in the
amount prescribed by the Secretary which are conditioned to pay, within the amount of such insurance,
amounts’’ because of the restatement. The words ‘‘for
which such air carrier may become liable’’ are omitted
as unnecessary. The word ‘‘individual’’ is substituted
for ‘‘person’’ because it is more precise. The word ‘‘operation’’ is substituted for ‘‘operation or maintenance’’
because it is inclusive.

§ 41742

TITLE 49—TRANSPORTATION

Page 830
AMENDMENTS

§ 41742. Essential air service authorization
(a) IN GENERAL.—
(1) AUTHORIZATION.—Out of the amounts received by the Federal Aviation Administration
credited to the account established under section 45303 of this title or otherwise provided to
the Administration, the sum of $50,000,000 is
authorized and shall be made available immediately for obligation and expenditure to carry
out the essential air service program under
this subchapter for each fiscal year.
(2) ADDITIONAL FUNDS.—In addition to
amounts authorized under paragraph (1), there
is authorized to be appropriated $77,000,000 for
each fiscal year to carry out the essential air
service program under this subchapter of
which not more than $12,000,000 per fiscal year
may be used for the marketing incentive program for communities and for State marketing assistance.
(3) AUTHORIZATION FOR ADDITIONAL EMPLOYEES.—In addition to amounts authorized under
paragraphs (1) and (2), there are authorized to
be appropriated such sums as may be necessary for the Secretary of Transportation to
hire and employ 4 additional employees for the
office responsible for carrying out the essential air service program.

2003—Subsec. (a)(2). Pub. L. 108–176, § 404(1), substituted ‘‘$77,000,000’’ for ‘‘$15,000,000’’ and inserted ‘‘of
which not more than $12,000,000 per fiscal year may be
used for the marketing incentive program for communities and for State marketing assistance’’ before period at end.
Subsec. (a)(3). Pub. L. 108–176, § 404(2), added par. (3).
Subsec. (c). Pub. L. 108–176, § 404(3), struck out heading and text of subsec. (c). Text read as follows: ‘‘Notwithstanding subsections (a) and (b), in fiscal year 1997,
amounts in excess of $75,000,000 that are collected in
fees pursuant to section 45301(a)(1) of this title shall be
available for the essential air service program under
this subchapter, in addition to amounts specifically
provided for in appropriations Acts.’’
2000—Subsec. (a). Pub. L. 106–181 designated existing
provisions as par. (1), inserted heading, realigned margins, and added par. (2).
1996—Pub. L. 104–264 amended section generally, substituting provisions relating to essential air service authorization for provisions stating that this subchapter
was not effective after Sept. 30, 1998.

(b) FUNDING FOR SMALL COMMUNITY AIR SERVICE.—Notwithstanding any other provision of
law, moneys credited to the account established
under section 45303(a) of this title, including the
funds derived from fees imposed under the authority contained in section 45301(a) of this
title, shall be used to carry out the essential air
service program under this subchapter. Notwithstanding section 47114(g) 1 of this title, any
amounts from those fees that are not obligated
or expended at the end of the fiscal year for the
purpose of funding the essential air service program under this subchapter shall be made available to the Administration for use in improving
rural air safety under subchapter I of chapter 471
of this title and shall be used exclusively for
projects at rural airports under this subchapter.

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT

EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–264 effective on date that
is 30 days after Oct. 9, 1996, see section 203 of Pub. L.
104–264, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
FINDINGS

REFERENCES IN TEXT

Section 278(b) of Pub. L. 104–264 provided that: ‘‘Congress finds that—
‘‘(1) air service in rural areas is essential to a national and international transportation network;
‘‘(2) the rural air service infrastructure supports
the safe operation of all air travel;
‘‘(3) rural air service creates economic benefits for
all air carriers by making the national aviation system available to passengers from rural areas;
‘‘(4) rural air service has suffered since deregulation;
‘‘(5) the essential air service program under the Department of Transportation—
‘‘(A) provides essential airline access to rural and
isolated rural communities throughout the Nation;
‘‘(B) is necessary for the economic growth and development of rural communities;
‘‘(C) is a critical component of the national and
international transportation system of the United
States; and
‘‘(D) has endured serious funding cuts in recent
years; and
‘‘(6) a reliable source of funding must be established
to maintain air service in rural areas and the essential air service program.’’

Section 47114 of this title, referred to in subsec. (b),
does not contain a subsec. (g).

§ 41743. Airports not receiving sufficient service

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1152;
Pub. L. 104–264, title II, § 278(c), Oct. 9, 1996, 110
Stat. 3249; Pub. L. 106–181, title II, § 209(a), Apr.
5, 2000, 114 Stat. 95; Pub. L. 108–176, title IV, § 404,
Dec. 12, 2003, 117 Stat. 2543.)
HISTORICAL AND REVISION NOTES
Revised
Section
41742 ..........

1 See

Source (U.S. Code)
49 App.:1389(m).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 419(m);
added Oct. 24, 1978, Pub. L.
95–504, § 33(a), 92 Stat. 1732;
Dec. 8, 1983, Pub. L. 98–213,
§ 10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, § 9(r),
98 Stat. 1708; restated Dec.
30, 1987, Pub. L. 100–223,
§ 202(a)(1), (2), (b)(1), 101
Stat. 1507, 1517; Nov. 5,
1990, Pub. L. 101–508,
§ 9113(b)(1),
104
Stat.
1388–363.

References in Text note below.

(a) SMALL COMMUNITY AIR SERVICE DEVELOPPROGRAM.—The Secretary of Transpor-

MENT

Page 831

TITLE 49—TRANSPORTATION

tation shall establish a program that meets the
requirements of this section for improving air
carrier service to airports not receiving sufficient air carrier service.
(b) APPLICATION REQUIRED.—In order to participate in the program established under subsection (a), a community or consortium of communities shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including—
(1) an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and
(2) an analysis of the application of the criteria in subsection (c) to that community or
consortium.
(c) CRITERIA FOR PARTICIPATION.—In selecting
communities, or consortia of communities, for
participation in the program established under
subsection (a), the Secretary shall apply the following criteria:
(1) SIZE.—For calendar year 1997, the airport
serving the community or consortium was not
larger than a small hub airport, and—
(A) had insufficient air carrier service; or
(B) had unreasonably high air fares.
(2) CHARACTERISTICS.—The airport presents
characteristics, such as geographic diversity
or unique circumstances, that will demonstrate the need for, and feasibility of, the
program established under subsection (a).
(3) STATE LIMIT.—Not more than 4 communities or consortia of communities, or a combination thereof, from the same State may be
selected to participate in the program in any
fiscal year.
(4) OVERALL LIMIT.—No more than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in each year for which
funds are appropriated for the program. No
community, consortia of communities, nor
combination thereof may participate in the
program in support of the same project more
than once, but any community, consortia of
communities, or combination thereof may
apply, subsequent to such participation, to
participate in the program in support of a different project.
(5) PRIORITIES.—The Secretary shall give priority to communities or consortia of communities where—
(A) air fares are higher than the average
air fares for all communities;
(B) the community or consortium will provide a portion of the cost of the activity to
be assisted under the program from local
sources other than airport revenues;
(C) the community or consortium has established, or will establish, a public-private
partnership to facilitate air carrier service
to the public;
(D) the assistance will provide material
benefits to a broad segment of the travelling
public, including business, educational institutions, and other enterprises, whose access
to the national air transportation system is
limited; and

§ 41743

(E) the assistance will be used in a timely
fashion.
(d) TYPES OF ASSISTANCE.—The Secretary may
use amounts made available under this section—
(1) to provide assistance to an air carrier to
subsidize service to and from an underserved
airport for a period not to exceed 3 years;
(2) to provide assistance to an underserved
airport to obtain service to and from the underserved airport; and
(3) to provide assistance to an underserved
airport to implement such other measures as
the Secretary, in consultation with such airport, considers appropriate to improve air
service both in terms of the cost of such service to consumers and the availability of such
service, including improving air service
through marketing and promotion of air service and enhanced utilization of airport facilities.
(e) AUTHORITY TO MAKE AGREEMENTS.—
(1) IN GENERAL.—The Secretary may make
agreements to provide assistance under this
section.
(2) AUTHORIZATION OF APPROPRIATIONS.—
There is authorized to be appropriated to the
Secretary $20,000,000 for fiscal year 2001,
$27,500,000 for each of fiscal years 2002 and 2003,
and $35,000,000 for each of fiscal years 2004
through 2010 to carry out this section. Such
sums shall remain available until expended.
(f) ADDITIONAL ACTION.—Under the program established under subsection (a), the Secretary
shall work with air carriers providing service to
participating communities and major air carriers (as defined in section 41716(a)(2)) serving
large hub airports to facilitate joint-fare arrangements consistent with normal industry
practice.
(g) DESIGNATION OF RESPONSIBLE OFFICIAL.—
The Secretary shall designate an employee of
the Department of Transportation—
(1) to function as a facilitator between small
communities and air carriers;
(2) to carry out this section;
(3) to ensure that the Bureau of Transportation Statistics collects data on passenger information to assess the service needs of small
communities;
(4) to work with and coordinate efforts with
other Federal, State, and local agencies to increase the viability of service to small communities and the creation of aviation development zones; and
(5) to provide policy recommendations to the
Secretary and Congress that will ensure that
small communities have access to quality, affordable air transportation services.
(h) AIR SERVICE DEVELOPMENT ZONE.—The Secretary shall designate an airport in the program
as an Air Service Development Zone and work
with the community or consortium on means to
attract business to the area surrounding the airport, to develop land use options for the area,
and provide data, working with the Department
of Commerce and other agencies.
(Added Pub. L. 106–181, title II, § 203(a), Apr. 5,
2000, 114 Stat. 92; amended Pub. L. 108–11, title
II, § 2708, Apr. 16, 2003, 117 Stat. 601; Pub. L.

§ 41744

TITLE 49—TRANSPORTATION

108–176, title II, § 225(b)(3), title IV, § 412, Dec. 12,
2003, 117 Stat. 2529, 2551; Pub. L. 110–330, § 5(b),
Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–69, § 5(b),
Oct. 1, 2009, 123 Stat. 2055.)
AMENDMENTS
2009—Subsec. (e)(2). Pub. L. 111–69 substituted ‘‘2010’’
for ‘‘2009’’.
2008—Subsec. (e)(2). Pub. L. 110–330 substituted ‘‘2009’’
for ‘‘2008’’.
2003—Subsec. (a). Pub. L. 108–176, § 412(1), (2), struck
out ‘‘PILOT’’ before ‘‘PROGRAM’’ in heading and ‘‘pilot’’
before ‘‘program’’ in text.
Subsec. (c)(1). Pub. L. 108–176, § 225(b)(3)(A), struck
out ‘‘(as that term is defined in section 41731(a)(5))’’
after ‘‘small hub airport’’ in introductory provisions.
Subsec. (c)(3). Pub. L. 108–176, § 412(3)(A), added par.
(3) and struck out heading and text of former par. (3).
Text read as follows: ‘‘No more than four communities
or consortia of communities, or a combination thereof,
may be located in the same State.’’
Subsec. (c)(4). Pub. L. 108–176, § 412(3)(B), inserted at
end ‘‘No community, consortia of communities, nor
combination thereof may participate in the program in
support of the same project more than once, but any
community, consortia of communities, or combination
thereof may apply, subsequent to such participation, to
participate in the program in support of a different
project.’’
Pub. L. 108–11 inserted before period at end ‘‘in each
year for which funds are appropriated for the program’’.
Subsec. (c)(5)(E). Pub. L. 108–176, § 412(3)(C), added
subpar. (E).
Subsec. (e)(2). Pub. L. 108–176, § 412(4), substituted
‘‘fiscal year 2001,’’ for ‘‘fiscal year 2001 and’’ and inserted ‘‘, and $35,000,000 for each of fiscal years 2004
through 2008’’ after ‘‘2003’’.
Subsec. (f). Pub. L. 108–176, §§ 225(b)(3)(B), 412(5),
struck out ‘‘pilot’’ after ‘‘Under the’’ and ‘‘(as defined
in section 41731(a)(3))’’ after ‘‘large hub airports’’.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–330 effective Oct. 1, 2008,
see section 5(l) of Pub. L. 110–330, set out as a note
under section 40117 of this title.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 41744. Preservation of basic essential air service at single carrier dominated hub airports
(a) IN GENERAL.—If the Secretary of Transportation determines that extraordinary circumstances jeopardize the reliable performance of
essential air service under this subchapter from
a subsidized essential air service community to
and from an essential airport facility, the Secretary may require an air carrier that has more
than 60 percent of the total annual enplanements at the essential airport facility to take
action to enable another air carrier to provide
reliable essential air service to that community.
Actions required by the Secretary under this
subsection may include interline agreements,
ground services, subleasing of gates, and the
provision of any other service or facility nec-

Page 832

essary for the performance of satisfactory essential air service to that community.
(b) ESSENTIAL AIRPORT FACILITY DEFINED.—In
this section, the term ‘‘essential airport facility’’ means a large hub airport in the contiguous
48 States at which one air carrier has more than
60 percent of the total annual enplanements at
that airport.
(Added Pub. L. 106–181, title II, § 204(a), Apr. 5,
2000, 114 Stat. 93; amended Pub. L. 108–176, title
II, § 225(b)(4), Dec. 12, 2003, 117 Stat. 2529.)
AMENDMENTS
2003—Subsec. (b). Pub. L. 108–176 struck out ‘‘(as defined in section 41731)’’ after ‘‘large hub airport’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 41745. Community and regional choice programs
(a) ALTERNATE ESSENTIAL AIR SERVICE PILOT
PROGRAM.—
(1) ESTABLISHMENT.—The Secretary of Transportation shall establish an alternate essential air service pilot program in accordance
with the requirements of this section.
(2) ASSISTANCE TO ELIGIBLE PLACES.—In carrying out the program, the Secretary, instead
of paying compensation to an air carrier to
provide essential air service to an eligible
place, may provide assistance directly to a
unit of local government having jurisdiction
over the eligible place or a State within the
boundaries of which the eligible place is located.
(3) USE OF ASSISTANCE.—A unit of local government or State receiving assistance for an
eligible place under the program may use the
assistance for any of the following purposes:
(A) To provide assistance to air carriers
that will use smaller equipment to provide
the service and to consider increasing the
frequency of service using such smaller
equipment if the Secretary determines that
passenger safety would not be compromised
by the use of such smaller equipment and if
the State or unit of local government waives
the minimum service requirements under
section 41732(b).
(B) To provide assistance to an air carrier
to provide on-demand air taxi service to and
from the eligible place.
(C) To provide assistance to a person to
provide scheduled or on-demand surface
transportation to and from the eligible place
and an airport in another place.
(D) In combination with other units of
local government in the same region, to provide transportation services to and from all
the eligible places in that region at an airport or other transportation center that can
serve all the eligible places in that region.

Page 833

§ 41747

TITLE 49—TRANSPORTATION

(E) To purchase aircraft to provide transportation to and from the eligible place or to
purchase a fractional share in an aircraft to
provide such transportation after the effective date of a rule the Secretary issues relating to fractional ownership.
(F) To pay for other transportation or related services that the Secretary may permit.
(b) COMMUNITY FLEXIBILITY PILOT PROGRAM.—
(1) IN GENERAL.—The Secretary shall establish a pilot program for not more than 10 eligible places or consortia of units of local government.
(2) ELECTION.—Under the program, the sponsor of an airport serving an eligible place may
elect to forego any essential air service for
which compensation is being provided under
this subchapter for a 10-year period in exchange for a grant from the Secretary equal in
value to twice the compensation paid to provide such service in the most recent 12-month
period.
(3) GRANT.—Notwithstanding any other provision of law, the Secretary shall make a
grant to each airport sponsor participating in
the program for use on any project that—
(A) is eligible for assistance under chapter
471 and complies with the requirements of
that chapter;
(B) is located on the airport property; or
(C) will improve airport facilities in a way
that would make such facilities more usable
for general aviation.
(c) FRACTIONALLY OWNED AIRCRAFT.—After the
effective date of the rule referred to in subsection (a)(3)(E), only those operating rules that
relate to an aircraft that is fractionally owned
apply when an aircraft described in subsection
(a)(3)(E) is used to provide transportation described in subsection (a)(3)(E).
(d) APPLICATIONS.—
(1) IN GENERAL.—An entity seeking to participate in a program under this section shall
submit to the Secretary an application in such
form and containing such information as the
Secretary may require.
(2) REQUIRED INFORMATION.—At a minimum,
the application shall include—
(A) a statement of the amount of compensation or assistance required; and
(B) a description of how the compensation
or assistance will be used.
(e) PARTICIPATION REQUIREMENTS.—An eligible
place for which compensation or assistance is
provided under this section in a fiscal year shall
not be eligible in that fiscal year for the essential air service that it would otherwise be entitled to under this subchapter.
(f) SUBSEQUENT PARTICIPATION.—A unit of local
government participating in the program under
this subsection (a) in a fiscal year shall not be
prohibited from participating in the basic essential air service program under this subchapter in
a subsequent fiscal year if such unit is otherwise
eligible to participate in such program.
(g) FUNDING.—Amounts appropriated or otherwise made available to carry out the essential
air service program under this subchapter shall
be available to carry out this section.

(Added Pub. L. 108–176, title IV, § 405, Dec. 12,
2003, 117 Stat. 2544.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

§ 41746. Tracking service
The Secretary of Transportation shall require
a carrier that provides essential air service to
an eligible place and that receives compensation
for such service under this subchapter to report
not less than semiannually—
(1) the percentage of flights to and from the
place that arrive on time as defined by the
Secretary; and
(2) such other information as the Secretary
considers necessary to evaluate service provided to passengers traveling to and from such
place.
(Added Pub. L. 108–176, title IV, § 407, Dec. 12,
2003, 117 Stat. 2545.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

§ 41747. EAS local participation program
(a) IN GENERAL.—The Secretary of Transportation shall establish a pilot program under
which not more than 10 designated essential air
service communities located in proximity to hub
airports are required to assume 10 percent of
their essential air service subsidy costs for a 4year period.
(b) DESIGNATION OF COMMUNITIES.—
(1) IN GENERAL.—The Secretary may not designate any community under this section unless it is located within 100 miles by road of a
hub airport and is not located in a noncontiguous State. In making the designation, the
Secretary may take into consideration the
total traveltime between a community and
the nearest hub airport, taking into account
terrain, traffic, weather, road conditions, and
other relevant factors.
(2) ONE COMMUNITY PER STATE.—The Secretary may not designate—
(A) more than 1 community per State
under this section; or
(B) a community in a State in which another community that is eligible to participate in the essential air service program has
elected not to participate in the essential air
service program as part of a pilot program
under section 41745.
(c) APPEAL OF DESIGNATION.—A community
may appeal its designation under this section.
The Secretary may withdraw the designation of
a community under this section based on—
(1) the airport sponsor’s ability to pay; or
(2) the relative lack of financial resources in
a community, based on a comparison of the
median income of the community with other
communities in the State.

§ 41748

TITLE 49—TRANSPORTATION

(d) NON-FEDERAL SHARE.—
(1) NON-FEDERAL AMOUNTS.—For purposes of
this section, the non-Federal portion of the essential air service subsidy may be derived
from contributions in kind, or through reduction in the amount of the essential air service
subsidy through reduction of air carrier costs,
increased ridership, prepurchase of tickets, or
other means. The Secretary shall provide assistance to designated communities in identifying potential means of reducing the amount
of the subsidy without adversely affecting air
transportation service to the community.
(2) APPLICATION WITH OTHER MATCHING REQUIREMENTS.—This section shall apply to the
Federal share of essential air service provided
this subchapter, after the application of any
other non-Federal share matching requirements imposed by law.
(e) ELIGIBILITY FOR OTHER PROGRAMS NOT
FECTED.—Nothing in this section affects the

AFeligibility of a community or consortium of communities, an airport sponsor, or any other person to participate in any program authorized by
this subchapter. A community designated under
this section may participate in any program (including pilot programs) authorized by this subchapter for which it is otherwise eligible—
(1) without regard to any limitation on the
number of communities that may participate
in that program; and
(2) without reducing the number of other
communities that may participate in that program.
(f) SECRETARY TO REPORT TO CONGRESS ON IMPACT.—The Secretary shall transmit a report to
the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives on—
(1) the economic condition of communities
designated under this section before their designation;
(2) the impact of designation under this section on such communities at the end of each of
the 3 years following their designation; and
(3) the impact of designation on air traffic
patterns affecting air transportation to and
from communities designated under this section.
(Added Pub. L. 108–176, title IV, § 408(a), Dec. 12,
2003, 117 Stat. 2546.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

(b)

Page 834

MATCHING

REQUIREMENT;

SUCCESS

BO-

NUSES—

(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), not less than 25 percent of
the publicly financed costs associated with a
marketing plan to be developed and implemented under this section shall come from
non-Federal sources. For purposes of this section—
(A) the non-Federal portion of the publicly
financed costs may be derived from contributions in kind; and
(B) matching contributions from a State
or unit of local government may not be derived, directly or indirectly, from Federal
funds, but the use by the State or unit of
local government of proceeds from the sale
of bonds to provide the matching contribution is not considered to be a contribution
derived directly or indirectly from Federal
funds, without regard to the Federal income
tax treatment of interest paid on those
bonds or the Federal income tax treatment
of those bonds.
(2) BONUS FOR
USAGE.—Except as

25-PERCENT INCREASE IN
provided in paragraph (3),
if, after any 12-month period during which a
marketing plan has been in effect under this
section with respect to an eligible place, the
Secretary determines that the marketing plan
has increased average monthly boardings, or
the level of passenger usage, at the airport
serving the eligible place, by 25 percent or
more, then only 10 percent of the publicly financed costs associated with the marketing
plan shall be required to come from non-Federal sources under this subsection for the following 12-month period.
(3) BONUS FOR 50-PERCENT INCREASE IN
USAGE.—If, after any 12-month period during
which a marketing plan has been in effect
under this section with respect to an eligible
place, the Secretary determines that the marketing plan has increased average monthly
boardings, or the level of passenger usage, at
the airport serving the eligible place, by 50
percent or more, then no portion of the publicly financed costs associated with the marketing plan shall be required to come from
non-Federal sources under this subsection for
the following 12-month period.

(Added Pub. L. 108–176, title IV, § 410(b), Dec. 12,
2003, 117 Stat. 2548.)
CODIFICATION
Another section 410(b) of Pub. L. 108–176 amended the
table of sections at the beginning of this chapter.
EFFECTIVE DATE

§ 41748. Marketing program
(a) IN GENERAL.—The Secretary of Transportation shall establish a marketing incentive program for eligible places that receive subsidized
service by an air carrier under section 41733.
Under the program, the sponsor of the airport
serving such an eligible place may receive a
grant of not more than $50,000 in a fiscal year to
develop and implement a marketing plan to increase passenger boardings and the level of passenger usage of its airport facilities.

Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.
INCENTIVE PROGRAM
Pub. L. 108–176, title IV, § 410(a), Dec. 12, 2003, 117 Stat.
2548, provided that: ‘‘The purposes of this section [enacting this section] are—
‘‘(1) to enable essential air service communities to
increase boardings and the level of passenger usage of

Page 835

§ 41762

TITLE 49—TRANSPORTATION

airport facilities at an eligible place by providing
technical, financial, and other marketing assistance
to such communities and to States;
‘‘(2) to reduce subsidy costs under subchapter II of
this chapter [probably means chapter 417 of title 49,
United States Code] as a consequence of such increased usage; and
‘‘(3) to provide such communities with opportunities to obtain, retain, and improve transportation
services.’’

SUBCHAPTER III—REGIONAL AIR SERVICE
INCENTIVE PROGRAM
§ 41761. Purpose
The purpose of this subchapter is to improve
service by jet aircraft to underserved markets
by providing assistance, in the form of Federal
credit instruments, to commuter air carriers
that purchase regional jet aircraft for use in
serving those markets.
(Added Pub. L. 106–181, title II, § 210(a), Apr. 5,
2000, 114 Stat. 96.)
EFFECTIVE DATE
Subchapter applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 41762. Definitions
In this subchapter, the following definitions
apply:
(1) AIR CARRIER.—The term ‘‘air carrier’’
means any air carrier holding a certificate of
public convenience and necessity issued by the
Secretary of Transportation under section
41102.
(2) AIRCRAFT PURCHASE.—The term ‘‘aircraft
purchase’’ means the purchase of commercial
transport aircraft, including spare parts normally associated with the aircraft.
(3) CAPITAL RESERVE SUBSIDY AMOUNT.—The
term ‘‘capital reserve subsidy amount’’ means
the amount of budget authority sufficient to
cover estimated long-term cost to the United
States Government of a Federal credit instrument, calculated on a net present value basis,
excluding administrative costs and any incidental effects on Government receipts or outlays in accordance with provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.).
(4) COMMUTER AIR CARRIER.—The term ‘‘commuter air carrier’’ means an air carrier that
primarily operates aircraft designed to have a
maximum passenger seating capacity of 75 or
less in accordance with published flight schedules.
(5) FEDERAL CREDIT INSTRUMENT.—The term
‘‘Federal credit instrument’’ means a secured
loan, loan guarantee, or line of credit authorized to be made under this subchapter.
(6) FINANCIAL OBLIGATION.—The term ‘‘financial obligation’’ means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of an
aircraft purchase, other than a Federal credit
instrument.
(7) LENDER.—The term ‘‘lender’’ means any
non-Federal qualified institutional buyer (as
defined by section 230.144A(a) of title 17, Code

of Federal Regulations (or any successor regulation) known as Rule 144A(a) of the Security
and Exchange Commission and issued under
the Security Act of 1933 (15 U.S.C. 77a et seq.)),
including—
(A) a qualified retirement plan (as defined
in section 4974(c) of the Internal Revenue
Code of 1986) that is a qualified institutional
buyer; and
(B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of
1986) that is a qualified institutional buyer.
(8) LINE OF CREDIT.—The term ‘‘line of credit’’ means an agreement entered into by the
Secretary with an obligor under section
41763(d) to provide a direct loan at a future
date upon the occurrence of certain events.
(9) LOAN GUARANTEE.—The term ‘‘loan guarantee’’ means any guarantee or other pledge
by the Secretary under section 41763(c) to pay
all or part of any of the principal of and interest on a loan or other debt obligation issued
by an obligor and funded by a lender.
(10) NEW ENTRANT AIR CARRIER.—The term
‘‘new entrant air carrier’’ means an air carrier
that has been providing air transportation according to a published schedule for less than 5
years, including any person that has received
authority from the Secretary to provide air
transportation but is not providing air transportation.
(11) OBLIGOR.—The term ‘‘obligor’’ means a
party primarily liable for payment of the principal of or interest on a Federal credit instrument, which party may be a corporation, partnership, joint venture, trust, or governmental
entity, agency, or instrumentality.
(12) REGIONAL JET AIRCRAFT.—The term ‘‘regional jet aircraft’’ means a civil aircraft—
(A) powered by jet propulsion; and
(B) designed to have a maximum passenger
seating capacity of not less than 30 nor more
than 75.
(13) SECURED LOAN.—The term ‘‘secured
loan’’ means a direct loan funded by the Secretary in connection with the financing of an
aircraft purchase under section 41763(b).
(14) UNDERSERVED MARKET.—The term ‘‘underserved market’’ means a passenger air
transportation market (as defined by the Secretary) that—
(A) is served (as determined by the Secretary) by a nonhub airport or a small hub
airport;
(B) is not within a 40-mile radius of an airport that each year has at least .25 percent
of the total annual boardings in the United
States; and
(C) the Secretary determines does not have
sufficient air service.
(Added Pub. L. 106–181, title II, § 210(a), Apr. 5,
2000, 114 Stat. 96; amended Pub. L. 108–176, title
II, § 225(b)(5), Dec. 12, 2003, 117 Stat. 2529.)
REFERENCES IN TEXT
The Federal Credit Reform Act of 1990, referred to in
par. (3), is title V of Pub. L. 93–344, as added by Pub. L.
101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat.
1388–609, as amended, which is classified generally to
subchapter III (§ 661 et seq.) of chapter 17A of Title 2,

§ 41763

TITLE 49—TRANSPORTATION

The Congress. For complete classification of this Act to
the Code, see Short Title note set out under section 621
of Title 2 and Tables.
The Security Act of 1933, referred to in par. (7), probably means the Securities Act of 1933, title I of act May
27, 1933, ch. 38, 48 Stat. 74, as amended, which is classified generally to subchapter I (§ 77a et seq.) of chapter
2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of
Title 15 and Tables.
Sections 414(d) and 4974(c) of the Internal Revenue
Code of 1986, referred to in par. (7), are classified to sections 414(d) and 4974(c), respectively, of Title 26, Internal Revenue Code.
AMENDMENTS
2003—Pars. (11) to (16). Pub. L. 108–176 redesignated
pars. (12), (13), (14), and (16) as (11), (12), (13), and (14), respectively, and struck out former pars. (11) and (15),
which defined ‘‘nonhub airport’’ and ‘‘small hub airport’’, respectively.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

§ 41763. Federal credit instruments
(a) IN GENERAL.—Subject to this section and
section 41766, the Secretary of Transportation
may enter into agreements with one or more obligors to make available Federal credit instruments, the proceeds of which shall be used to finance aircraft purchases.
(b) SECURED LOANS.—
(1) TERMS AND LIMITATIONS.—
(A) IN GENERAL.—A secured loan under this
section with respect to an aircraft purchase
shall be on such terms and conditions and
contain such covenants, representatives,
warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.
(B) MAXIMUM AMOUNT.—No secured loan
may be made under this section—
(i) that extends to more than 50 percent
of the purchase price (including the value
of any manufacturer credits, post-purchase
options, or other discounts) of the aircraft,
including spare parts, to be purchased; or
(ii) that, when added to the remaining
balance on any other Federal credit instruments made under this subchapter,
provides more than $100,000,000 of outstanding credit to any single obligor.
(C) FINAL PAYMENT DATE.—The final payment on the secured loan shall not be due
later than 18 years after the date of execution of the loan agreement.
(D) SUBORDINATION.—The secured loan may
be subordinate to claims of other holders of
obligations in the event of bankruptcy, insolvency, or liquidation of the obligor as determined appropriate by the Secretary.
(E) FEES.—The Secretary, subject to appropriations, may establish fees at a level
sufficient to cover all or a portion of the administrative costs to the United States Government of making a secured loan under this
section. The proceeds of such fees shall be
deposited in an account to be used by the
Secretary for the purpose of administering

Page 836

the program established under this subchapter and shall be available upon deposit
until expended.
(2) REPAYMENT.—
(A) SCHEDULE.—The Secretary shall establish a repayment schedule for each secured
loan under this section based on the projected cash flow from aircraft revenues and
other repayment sources.
(B) COMMENCEMENT.—Scheduled loan repayments of principal and interest on a secured loan under this section shall commence no later than 3 years after the date of
execution of the loan agreement.
(3) PREPAYMENT.—
(A) USE OF EXCESS REVENUE.—After satisfying scheduled debt service requirements on
all financial obligations and secured loans
and all deposit requirements under the
terms of any trust agreement, bond resolution, or similar agreement securing financial
obligations, the secured loan may be prepaid
at anytime without penalty.
(B) USE OF PROCEEDS OF REFINANCING.—The
secured loan may be prepaid at any time
without penalty from proceeds of refinancing from non-Federal funding sources.
(c) LOAN GUARANTEES.—
(1) IN GENERAL.—A loan guarantee under this
section with respect to a loan made for an aircraft purchase shall be made in such form and
on such terms and conditions and contain such
covenants, representatives, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.
(2) MAXIMUM AMOUNT.—No loan guarantee
shall be made under this section—
(A) that extends to more than the unpaid
interest and 50 percent of the unpaid principal on any loan;
(B) that, for any loan or combination of
loans, extends to more than 50 percent of the
purchase price (including the value of any
manufacturer credits, post-purchase options,
or other discounts) of the aircraft, including
spare parts, to be purchased with the loan or
loan combination;
(C) on any loan with respect to which
terms permit repayment more than 15 years
after the date of execution of the loan; or
(D) that, when added to the remaining balance on any other Federal credit instruments made under this subchapter, provides
more than $100,000,000 of outstanding credit
to any single obligor.
(3) FEES.—The Secretary, subject to appropriations, may establish fees at a level sufficient to cover all or a portion of the administrative costs to the United States Government
of making a loan guarantee under this section.
The proceeds of such fees shall be deposited in
an account to be used by the Secretary for the
purpose of administering the program established under this subchapter and shall be
available upon deposit until expended.
(d) LINES OF CREDIT.—
(1) IN GENERAL.—Subject to the requirements
of this subsection, the Secretary may enter
into agreements to make available lines of

Page 837

TITLE 49—TRANSPORTATION

credit to one or more obligors in the form of
direct loans to be made by the Secretary at future dates on the occurrence of certain events
for any aircraft purchase selected under this
section.
(2) TERMS AND LIMITATIONS.—
(A) IN GENERAL.—A line of credit under
this subsection with respect to an aircraft
purchase shall be on such terms and conditions and contain such covenants, representatives, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.
(B) MAXIMUM AMOUNT.—
(i) TOTAL AMOUNT.—The amount of any
line of credit shall not exceed 50 percent of
the purchase price (including the value of
any manufacturer credits, post-purchase
options, or other discounts) of the aircraft,
including spare parts.
(ii) 1–YEAR DRAWS.—The amount drawn
in any year shall not exceed 20 percent of
the total amount of the line of credit.
(C) DRAWS.—Any draw on the line of credit
shall represent a direct loan.
(D) PERIOD OF AVAILABILITY.—The line of
credit shall be available not more than 5
years after the aircraft purchase date.
(E) RIGHTS OF THIRD-PARTY CREDITORS.—
(i) AGAINST UNITED STATES GOVERNMENT.—A third-party creditor of the obligor shall not have any right against the
United States Government with respect to
any draw on the line of credit.
(ii) ASSIGNMENT.—An obligor may assign
the line of credit to one or more lenders or
to a trustee on the lender’s behalf.
(F) SUBORDINATION.—A direct loan under
this subsection may be subordinate to
claims of other holders of obligations in the
event of bankruptcy, insolvency, or liquidation of the obligor as determined appropriate by the Secretary.
(G) FEES.—The Secretary, subject to appropriations, may establish fees at a level
sufficient to cover all of a portion of the administrative costs to the United States Government of providing a line of credit under
this subsection. The proceeds of such fees
shall be deposited in an account to be used
by the Secretary for the purpose of administering the program established under this
subchapter and shall be available upon deposit until expended.
(3) REPAYMENT.—
(A) SCHEDULE.—The Secretary shall establish a repayment schedule for each direct
loan under this subsection.
(B) COMMENCEMENT.—Scheduled loan repayments of principal or interest on a direct
loan under this subsection shall commence
no later than 3 years after the date of the
first draw on the line of credit and shall be
repaid, with interest, not later than 18 years
after the date of the first draw.
(e) RISK ASSESSMENT.—Before entering into an
agreement under this section to make available
a Federal credit instrument, the Secretary, in
consultation with the Director of the Office of

§ 41764

Management and Budget, shall determine an appropriate capital reserve subsidy amount for the
Federal credit instrument based on such credit
evaluations as the Secretary deems necessary.
(f) CONDITIONS.—Subject to subsection (h), the
Secretary may only make a Federal credit instrument available under this section if the Secretary finds that—
(1) the aircraft to be purchased with the Federal credit instrument is a regional jet aircraft needed to improve the service and efficiency of operation of a commuter air carrier
or new entrant air carrier;
(2) the commuter air carrier or new entrant
air carrier enters into a legally binding agreement that requires the carrier to use the aircraft to provide service to underserved markets; and
(3) the prospective earning power of the commuter air carrier or new entrant air carrier,
together with the character and value of the
security pledged, including the collateral
value of the aircraft being acquired and any
other assets or pledges used to secure the Federal credit instrument, furnish—
(A) reasonable assurances of the air carrier’s ability and intention to repay the Federal credit instrument within the terms established by the Secretary—
(i) to continue its operations as an air
carrier; and
(ii) to the extent that the Secretary determines to be necessary, to continue its
operations as an air carrier between the
same route or routes being operated by the
air carrier at the time of the issuance of
the Federal credit instrument; and
(B) reasonable protection to the United
States.
(g) LIMITATION ON COMBINED AMOUNT OF FEDCREDIT INSTRUMENTS.—The Secretary shall
not allow the combined amount of Federal credit instruments available for any aircraft purchase under this section to exceed—
(1) 50 percent of the cost of the aircraft purchase; or
(2) $100,000,000 for any single obligor.

ERAL

(h) REQUIREMENT.—Subject to subsection (i),
no Federal credit instrument may be made
under this section for the purchase of any regional jet aircraft that does not comply with the
stage 3 noise levels of part 36 of title 14 of the
Code of Federal Regulations, as in effect on January 1, 1999.
(i) OTHER LIMITATIONS.—No Federal credit instrument shall be made by the Secretary under
this section for the purchase of a regional jet
aircraft unless the commuter air carrier or new
entrant air carrier enters into a legally binding
agreement that requires the carrier to provide
scheduled passenger air transportation to the
underserved market for which the aircraft is
purchased for a period of not less than 36 consecutive months after the date that aircraft is
placed in service.
(Added Pub. L. 106–181, title II, § 210(a), Apr. 5,
2000, 114 Stat. 97.)
§ 41764. Use of Federal facilities and assistance
(a) USE OF FEDERAL FACILITIES.—To permit
the Secretary of Transportation to make use of

§ 41765

TITLE 49—TRANSPORTATION

such expert advice and services as the Secretary
may require in carrying out this subchapter, the
Secretary may use available services and facilities of other agencies and instrumentalities of
the United States Government—
(1) with the consent of the appropriate Federal officials; and
(2) on a reimbursable basis.
(b) ASSISTANCE.—The head of each appropriate
department or agency of the United States Government shall exercise the duties and powers of
that head in such manner as to assist in carrying out the policy specified in section 41761.
(c) OVERSIGHT.—The Secretary shall make
available to the Comptroller General of the
United States such information with respect to
any Federal credit instrument made under this
subchapter as the Comptroller General may require to carry out the duties of the Comptroller
General under chapter 7 of title 31, United
States Code.
(Added Pub. L. 106–181, title II, § 210(a), Apr. 5,
2000, 114 Stat. 101.)
§ 41765. Administrative expenses
In carrying out this subchapter, the Secretary
shall use funds made available by appropriations
to the Department of Transportation for the
purpose of administration, in addition to the
proceeds of any fees collected under this subchapter, to cover administrative expenses of the
Federal credit instrument program under this
subchapter.
(Added Pub. L. 106–181, title II, § 210(a), Apr. 5,
2000, 114 Stat. 101.)
§ 41766. Funding
Of the amounts appropriated under section
106(k) for each of fiscal years 2001 through 2003,
such sums as may be necessary may be used to
carry out this subchapter, including administrative expenses.
(Added Pub. L. 106–181, title II, § 210(a), Apr. 5,
2000, 114 Stat. 101.)
§ 41767. Termination
(a) AUTHORITY TO ISSUE FEDERAL CREDIT INSTRUMENTS.—The authority of the Secretary of
Transportation to issue Federal credit instruments under section 41763 shall terminate on the
date that is 5 years after the date of the enactment of this subchapter.
(b) CONTINUATION OF AUTHORITY TO ADMINISTER PROGRAM FOR EXISTING FEDERAL CREDIT
INSTRUMENTS.—On and after the termination
date, the Secretary shall continue to administer
the program established under this subchapter
for Federal credit instruments issued under this
subchapter before the termination date until all
obligations associated with such instruments
have been satisfied.
(Added Pub. L. 106–181, title II, § 210(a), Apr. 5,
2000, 114 Stat. 101.)

Page 838

CHAPTER 419—TRANSPORTATION OF MAIL
Sec.

41901.
41902.
41903.
41904.
41905.
41905.
41907.
41908.
41906.
41907.
41911.
41908.

General authority.
Schedules for certain transportation of mail.
Duty to provide certain transportation of
mail.
Noncitizens transporting mail to or in foreign
countries.1
Regulating air carrier transportation of foreign mail.2
Emergency mail transportation.
Prices for foreign transportation of mail.2
Prices for transporting mail of foreign countries.2
Duty to oppose unreasonable prices under the
Universal Postal Union Convention.
Weighing mail.
Evidence of providing mail service.2
Effect on foreign postal arrangements.
AMENDMENTS

2008—Pub. L. 110–405, § 2(b)(8), Oct. 13, 2008, 122 Stat.
4289, redesignated items 41906, 41909, and 41910 as 41905
‘‘Emergency mail transportation’’, 41906, and 41907
‘‘Weighing mail’’, respectively.
Pub. L. 110–405, § 2(b)(8), Oct. 13, 2008, 122 Stat. 4289,
which directed redesignation of item 49112 as 41908, was
executed by redesignating item 41912 as 41908 ‘‘Effect of
foreign postal arrangements’’ to reflect the probable
intent of Congress.

§ 41901. General authority
(a) TITLE 39.—The United States Postal Service may provide for the transportation of mail
by aircraft in interstate air transportation
under section 5402(e) and (f) of title 39, and in
foreign air transportation under section 5402(b)
and (c) of title 39.
(b) AUTHORITY TO PRESCRIBE PRICES.—Except
as provided in section 5402 of title 39, on the initiative of the Secretary of Transportation or on
petition by the Postal Service or an air carrier,
the Secretary shall prescribe and publish—
(1) after notice and an opportunity for a
hearing on the record, reasonable prices to be
paid by the Postal Service for the transportation of mail by aircraft between places in
Alaska, the facilities used in and useful for the
transportation of mail, and the services related to the transportation of mail for each carrier holding a certificate that authorizes that
transportation;
(2) the methods used, whether by aircraftmile, pound-mile, weight, space, or a combination of those or other methods, to determine
the prices for each air carrier or class of air
carriers; and
(3) the effective date of the prices.
(c) OTHER TRANSPORTATION.—In prescribing
prices under subsection (b) of this section, the
Secretary may include transportation other
than by aircraft that is incidental to transportation of mail by aircraft or necessary because
of emergency conditions related to aircraft operations.
(d) AUTHORITY TO PRESCRIBE DIFFERENT
PRICES.—Considering conditions peculiar to
transportation by aircraft and to particular air

REFERENCES IN TEXT
The date of the enactment of this subchapter, referred to in subsec. (a), is the date of enactment of Pub.
L. 106–181, which was approved Apr. 5, 2000.

1 Section catchline amended by Pub. L. 110–405 without corresponding amendment of chapter analysis.
2 Section repealed by Pub. L. 110–405 without corresponding
amendment of chapter analysis.

Page 839

TITLE 49—TRANSPORTATION

carriers or classes of air carriers, the Secretary
may prescribe different prices under this section
for different air carriers or classes of air carriers
and for different classes of service. In prescribing a price for a carrier under this section, the
Secretary shall consider, among other factors,
the following:
(1) the condition that the carrier may hold
and operate under a certificate authorizing
the transportation of mail only by providing
necessary and adequate facilities and service
for the transportation of mail.
(2) standards related to the character and
quality of service to be provided that are prescribed by or under law.
(e) STATEMENTS ON PRICES.—A petition for prescribing a reasonable price under this section
must include a statement of the price the petitioner believes is reasonable.
(f) STATEMENTS ON REQUIRED SERVICES.—The
Postal Service shall introduce as part of the
record in every proceeding under this section a
comprehensive statement of the services to be
required of the air carrier and other information
the Postal Service has that the Secretary considers material to the proceeding.
(Pub. L. 103–272, §§ 1(e), 4(k)(1), (2), July 5, 1994,
108 Stat. 1153, 1370; Pub. L. 104–52, title VI,
§ 631(c), Nov. 19, 1995, 109 Stat. 505; Pub. L. 106–31,
title VI, § 6003, May 21, 1999, 113 Stat. 113; Pub. L.
107–206, title III, § 3002(e)(2), Aug. 2, 2002, 116
Stat. 924; Pub. L. 110–405, § 2(b)(1), (2), Oct. 13,
2008, 122 Stat. 4289.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272, § 1(e)
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

41901(a) ......

49 App.:1376(a) (1st
sentence related
to non-Alaska
interstate and
overseas air transportation less
words between parentheses).
49 App.:1551(b)(1)(D).

Aug. 23, 1958, Pub. L. 85–726,
§ 406(a), 72 Stat. 763; Nov.
9, 1977, Pub. L. 95–163, § 13,
91 Stat. 1282.

41901(b) ......

49 App.:1376(a) (1st
sentence related
to foreign and
Alaska air transportation less
words between parentheses, 2d, last
sentences).
49 App.:1376(c).

49 App.:1551(b)(1)(E).

41901(c) ......

41901(d) ......

49 App.:1376(a) (1st
sentence words between parentheses).
49 App.:1376(b).

49 App.:1376(d).
49 App.:1551(b)(1)(D),
(E).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(D);
added Oct. 4, 1984, Pub. L.
95–504, § 40(a), 92 Stat.
1745; Oct. 4, 1984, Pub. L.
98–443, § 3(d), 98 Stat. 1704.

Aug. 23, 1958, Pub. L. 85–726,
§ 406(c), 72 Stat. 764; Oct.
24, 1978, Pub. L. 95–504,
§ 24(b), 92 Stat. 1725.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

Aug. 23, 1958, Pub. L. 85–726,
§ 406(b), 72 Stat. 763; July
10, 1962, Pub. L. 87–528, § 5,
76 Stat. 145; Oct. 15, 1966,
Pub. L. 89–670, § 8(a), 80
Stat. 942; Nov. 9, 1977,
Pub. L. 95–163, § 12(a), 91
Stat. 1282; Oct. 24, 1978,
Pub. L. 95–504, §§ 24(a),
25(a), 92 Stat. 1725.
Aug. 23, 1958, Pub. L. 85–726,
§ 406(d), (e), 72 Stat. 764.

§ 41901

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272, § 1(e)
Revised
Section

Source (U.S. Code)

41901(e) ......

49 App.:1376(e) (1st
sentence).
49 App.:1376(e) (last
sentence).
49 App.:1551(b)(1)(D),
(E).
49 App.:1551(b)(3).

41901(f) .......

41901(g) ......

49 App.:1553(c).

Source (Statutes at Large)

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, 1601(b)(3);
added Oct. 4, 1984, Pub. L.
98–443, 3(f), 98 Stat. 1704;
Sept. 30, 1988, Pub. L.
100–457, § 346 (related to
§ 1601(b)(3)
of
Federal
Aviation Act of 1958), 102
Stat. 2155.
Oct. 4, 1984, Pub. L. 98–443,
§ 4(c), 98 Stat. 1705; Sept.
30, 1988, Pub. L. 100–457,
§ 346 (related to § 4(c) of
Civil Aeronautics Board
Sunset Act of 1984), 102
Stat. 2155.

In this section, the word ‘‘prescribe’’ is substituted
for ‘‘fix and determine’’ and ‘‘fixing and determining’’
for consistency in the revised title and with other titles
of the United States Code. The word ‘‘reasonable’’ is
substituted for ‘‘fair and reasonable’’ for consistency in
the revised title and to eliminate an unnecessary word.
See the revision notes following 49:10101.
Subsection (a) is substituted for 49 App.:1551(b)(1)(D)
to make clear that the United States Postal Service derives its authority to provide for the transportation of
mail by aircraft in interstate transportation from
39:5402(d) and (f). The text of 49 App.:1376(a) (1st sentence related to non-Alaska interstate and overseas air
transportation less words between parentheses) is omitted as superseded by 39:5402(d).
In subsection (b), before clause (1), the words ‘‘Except
as provided in section 5402 of title 39’’ are added for
clarity. The words ‘‘from time to time’’ in 49
App.:1376(a) are omitted as surplus. The text of 49
App.:1376(a) (2d, last sentences) is omitted as executed.
In clauses (1) and (2), the word ‘‘prices’’ is substituted
for ‘‘rates of compensation’’ for consistency in this
part. In clause (1), the words ‘‘an opportunity for a
hearing on the record’’ are substituted for ‘‘hearing’’
for clarity and consistency with subsection (f) of this
section. The words ‘‘to be paid by the Postal Service’’
are substituted for ‘‘The United States Postal Service
shall make payments . . . of so much of the total compensation as is fixed and determined by the Board
under this section without regard to clause (3) of subsection (b) of this section’’ in 49 App.:1376(c) to eliminate unnecessary words because the text of 49
App.:1376(b) (2d sentence words after 2d semicolon) is
being omitted. See the revision notes for subsection (d)
of this section. The words ‘‘out of appropriations for
the transportation of mail by aircraft’’ are omitted as
being superseded by chapters 20 and 24 of title 39,
United States Code. The text of 49 App.:1376(c) (2d sentence) is omitted as expired because of 49 App.:1376(c)
(last sentence). The text of 49 App.:1376(c) (last sentence) is omitted as executed. The words ‘‘and to make
such rates effective from such date as it shall determine to be proper’’ in 49 App.:1376(a) are omitted because the power to determine when rates go into effect
is included in the power to prescribe rates. The words
‘‘transportation of mail by aircraft in foreign air transportation or between places in Alaska’’ are substituted
for ‘‘transportation of mail by aircraft’’ because 49
App.:1551(b)(1)(D) and (E) provides that transportation
of mail in interstate or overseas air transportation (except transportation of mail between 2 places in Alaska)
is transferred to the jurisdiction of the United States
Postal Service leaving the balance of authority under
49 App.:1376(a) with the Secretary of Transportation.
In subsections (c), (d), and (f), reference to service
provided by the Postal Service is omitted as obsolete
because of 39:5402(d).

§ 41902

TITLE 49—TRANSPORTATION

In subsection (c), the words ‘‘In prescribing prices
under subsection (b) of this section, the Secretary’’ are
added for clarity.
In subsection (d), the text of 49 App.:1376(b) (2d sentence words after 2d semicolon, 5th–7th sentences) and
(d) is omitted as obsolete because under 49 App.:1376(c)
and 1376a, payments by the Board under 49 App.:1376
were terminated. The text of 49 App.:1376(b) (3d, 4th
sentences) is omitted as obsolete because it applies
only to rates paid for service performed between October 24, 1978, and January 1, 1983. The text of 49
App.:1376(b) (last sentence) is omitted as executed.
Subsection (g) is substituted for 49 App.:1551(b)(3) and
1553(c) because the date on which the authority of the
Secretary of Transportation to provide for the transportation of mail by aircraft expires is set out in
39:5402(f). The source provisions of 49 App.:1551(b)(3) providing for the transfer of that authority from the Secretary to the Postal Service are restated in section 5(k)
of this bill.
PUB. L. 103–272, § 4(k)(1), (2)
Revised
Section
41901(b)(1),
(g).

Source (U.S. Code)
49 App.:1551(a)(8).

49 App.:1551(b)(3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(8);
added Oct. 4, 1984, Pub. L.
98–443, § 3(c), 98 Stat. 1704;
Sept. 30, 1988, Pub. L.
100–457, § 346 (related to
§ 1601(a)(8)
of
Federal
Aviation Act of 1958), 102
Stat. 2155.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(3);
added Oct. 4, 1984, Pub. L.
98–443, § 3(f), 98 Stat. 1704;
Sept. 30, 1988, Pub. L.
100–457, § 346 (related to
§ 1601(b)(3)
of
Federal
Aviation Act of 1958), 102
Stat. 2155.

Section 4(k) reflects amendments to the restatement
required by section 1601(a)(8) of the Federal Aviation
Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by
section 3(c) of the Civil Aeronautics Board Sunset Act
of 1984 (Public Law 98–443, 98 Stat. 1704), and section
1601(b)(3) of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 731), as added by section 3(f) of the
Civil Aeronautics Board Sunset Act of 1984 (Public Law
98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the
authority under 49 App.:1371(l) and (m) and 1375(b)–(d)
as those sections relate to transportation of mail by
aircraft between places in Alaska (restated in sections
41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority
for prescribing rates for transportation of mail between
places in Alaska from the Secretary of Transportation
to the Postal Service effective January 1, 1999.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–405, § 2(b)(1), substituted
‘‘39, and in foreign air transportation under section
5402(b) and (c) of title 39.’’ for ‘‘39.’’
Subsec. (b)(1). Pub. L. 110–405, § 2(b)(2), struck out ‘‘in
foreign air transportation or’’ after ‘‘aircraft’’.
2002—Subsec. (a). Pub. L. 107–206 substituted ‘‘5402(e)’’
for ‘‘5402(d)’’.
1999—Subsecs. (b)(1), (g). Pub. L. 106–31 repealed Pub.
L. 103–272, § 4(k). See 1994 Amendment notes below.
1995—Subsec. (g). Pub. L. 104–52 struck out subsec. (g)
which read as follows: ‘‘EXPIRATION DATE.—The authority of the Secretary under this part and section 5402 of
title 39 providing for the transportation of mail by aircraft between places in Alaska expires on the date specified in section 5402(f) of title 39.’’
1994—Subsec. (b)(1). Pub. L. 103–272, § 4(k)(1), which directed the amendment of this section by substituting
‘‘foreign air transportation,’’ for ‘‘foreign air transportation or between places in Alaska,’’, effective Jan. 1,
1999, was repealed by Pub. L. 106–31, § 6003, effective Dec.
31, 1998.

Page 840

Subsec. (g). Pub. L. 103–272, § 4(k)(2), which directed
the amendment of this section by striking out subsec.
(g), effective Jan. 1, 1999, was repealed by Pub. L. 106–31,
§ 6003, effective Dec. 31, 1998.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–405 effective Oct. 1, 2008,
see section 2(c) of Pub. L. 110–405, set out as a note
under section 101 of Title 39, Postal Service.
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106–31, title VI, § 6003, May 21, 1999, 113 Stat.
113, provided that the amendment made by section 6003
is effective Dec. 31, 1998.

§ 41902. Schedules for certain transportation of
mail
(a) REQUIREMENT.—Except as provided in section 41906 1 of this title and section 5402 of title
39, an air carrier may transport mail by aircraft
between places in Alaska only under a schedule
designated or required to be established under
subsection (c) of this section for the transportation of mail.
(b) STATEMENTS ON PLACES AND SCHEDULES.—
Every air carrier shall file with the United
States Postal Service a statement showing—
(1) the places between which the carrier is
authorized to transport mail in Alaska;
(2) every schedule of aircraft regularly operated by the carrier between places described in
paragraph (1) and every change in each schedule; and
(3) for each schedule, the places served by
the carrier and the time of arrival at, and departure from, each such place.
(c) DESIGNATING AND ADDITIONAL SCHEDULES.—
The Postal Service may—
(1) designate any schedule of an air carrier
filed under subsection (b)(2) of this section for
the transportation of mail between the places
between which the carrier is authorized by its
certificate to transport mail; and
(2) require the carrier to establish additional
schedules for the transportation of mail between those places.
(d) CHANGING SCHEDULES.—A schedule designated or required to be established for the
transportation of mail under subsection (c) of
this section may be changed only after 10 days’
notice of the change is filed as provided in subsection (b)(2) of this section. The Postal Service
may disapprove a proposed change in a schedule
or amend or modify the schedule or proposed
change.
(Pub. L. 103–272, §§ 1(e), 4(k)(1), (3), July 5, 1994,
108 Stat. 1153, 1370; Pub. L. 103–429, § 7(a)(3)(D),
Oct. 31, 1994, 108 Stat. 4389; Pub. L. 106–31, title
VI, § 6003, May 21, 1999, 113 Stat. 113; Pub. L.
110–405, § 2(b)(3), Oct. 13, 2008, 122 Stat. 4289.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272, § 1(e)
Revised
Section
41902(a) ......

1 See

Source (U.S. Code)
49 App.:1375(b) (last
sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 405(b), 72 Stat. 760.

References in Text note below.

Page 841

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272, § 1(e)
Revised
Section

Source (U.S. Code)

41902(c) ......
41902(d) ......
41902(e) ......

41902(f) .......

PUB. L. 103–272, § 4(k)(1), (3)
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

Source (Statutes at Large)
41902(a), (b)

49 App.:1551(a)(4)(A)
(related to 49
App.:1375(b)).

41902(b) ......

§ 41902

TITLE 49—TRANSPORTATION

49 App.:1551(a)(8).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(4)(A)
(related
to
§ 405(b)),
(b)(1)(E); added Oct. 4,
1984, Pub. L. 98–443, § 3(c),
(e), 98 Stat. 1703, 1704.

49 App.:1375(b) (1st
sentence).
49 App.:1551(a)(4)(A)
(related to 49
App.:1375(b)),
(b)(1)(E).
49 App.:1375(b) (2d
sentence).
49 App.:1375(b) (3d,
4th sentences).
49 App.:1375(b)
(5th–7th sentences).
49 App.:1551(a)(4)(A)
(related to 49
App.:1375(b)),
(b)(1)(E).
49 App.:1375(b) (8th
sentence).
49 App.:1551(a)(4)(A)
(related to 49
App.:1375(b)),
(b)(1)(E).

In this chapter, the word ‘‘places’’ is substituted for
‘‘points’’ for consistency in the revised title. The words
‘‘United States Postal Service’’ and ‘‘Postal Service’’
are substituted for ‘‘Postmaster General’’ in sections
401, 405, and 406 of the Federal Aviation Act of 1958
(Public Law 85–726, 72 Stat. 754, 760) because of sections
4(a) and 6(o) of the Postal Reorganization Act (Public
Law 91–375, 84 Stat. 773, 783).
In subsection (a), the words ‘‘Except as provided in
section 41906 of this title and section 5402 of title 39’’
are added because section 41906 of the revised title and
39:5402 contain exceptions to the provisions restated in
this subsection. The words ‘‘transport mail by aircraft
in foreign air transportation or between places in Alaska’’ are substituted for ‘‘transport mail’’ because 49
App.:1551(a)(4)(A) provides that 49 App.:1375(b) no longer
applies to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska).
In subsection (b), before clause (1), the words ‘‘from
time to time’’ are omitted as surplus. Clauses (1) and
(2) are substituted for ‘‘to engage in air transportation’’ because 49 App.:1551(a)(4)(A) provides that 49
App.:1375(b) no longer applies to interstate or overseas
air transportation (except transportation of mail between 2 places in Alaska). In clause (4), the words ‘‘between places described in clauses (1) and (2) of this subsection and every change in each schedule’’ are substituted for ‘‘between such points’’ for clarity.
In subsection (c)(1), the words ‘‘any schedule of an air
carrier filed under subsection (b)(3) of this section’’ are
substituted for ‘‘any such schedule’’ for clarity.
In subsection (c)(2), the words ‘‘by order’’ are omitted
as surplus.
In subsection (d), the word ‘‘alter’’ is omitted as
being included in ‘‘amend, or modify’’.
In subsection (e), the words ‘‘adversely affected’’ are
substituted for ‘‘aggrieved’’ for consistency in the revised title. The words ‘‘appeal the order’’ are substituted for ‘‘apply . . . for a review of such order’’ for
consistency in the revised title and with other titles of
the United States Code. The words ‘‘The Board may review, and’’ are omitted as surplus. The words ‘‘amend,
modify’’ are substituted for ‘‘amend, revise’’ for consistency in the revised title.
Subsection (f) is substituted for 49 App.:1375(b) (8th
sentence) to reflect the transfer of functions of the
Civil Aeronautics Board to the Secretary of Transportation.

49 App.:1551(b)(3).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(8);
added Oct. 4, 1984, Pub. L.
98–443, § 3(c), 98 Stat. 1704;
Sept. 30, 1988, Pub. L.
100–457, § 346 (related to
§ 1601(a)(8)
of
Federal
Aviation Act of 1958), 102
Stat. 2155.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(3);
added Oct. 4, 1984, Pub. L.
98–443, § 3(f), 98 Stat. 1704;
Sept. 30, 1988, Pub. L.
100–457, § 346 (related to
§ 1601(b)(3)
of
Federal
Aviation Act of 1958), 102
Stat. 2155.

Section 4(k) reflects amendments to the restatement
required by section 1601(a)(8) of the Federal Aviation
Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by
section 3(c) of the Civil Aeronautics Board Sunset Act
of 1984 (Public Law 98–443, 98 Stat. 1704), and section
1601(b)(3) of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 731), as added by section 3(f) of the
Civil Aeronautics Board Sunset Act of 1984 (Public Law
98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the
authority under 49 App.:1371(l) and (m) and 1375(b)–(d)
as those sections relate to transportation of mail by
aircraft between places in Alaska (restated in sections
41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority
for prescribing rates for transportation of mail between
places in Alaska from the Secretary of Transportation
to the Postal Service effective January 1, 1999.
REFERENCES IN TEXT
Section 41906 of this title, referred to in subsec. (a),
was redesignated section 41905 by Pub. L. 110–405,
§ 2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–405, § 2(b)(3)(A), struck
out ‘‘in foreign air transportation or’’ after ‘‘aircraft’’.
Subsec. (b). Pub. L. 110–405, § 2(b)(3)(B), added subsec.
(b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘Every air carrier shall file
with the Secretary of Transportation and the United
States Postal Service a statement showing—
‘‘(1) the places between which the carrier is authorized to provide foreign air transportation;
‘‘(2) the places between which the carrier is authorized to transport mail in Alaska;
‘‘(3) every schedule of aircraft regularly operated by
the carrier between places described in clauses (1) and
(2) of this subsection and every change in each schedule; and
‘‘(4) for each schedule, the places served by the carrier and the time of arrival at, and departure from,
each place.’’
Subsecs. (c)(1), (d). Pub. L. 110–405, § 2(b)(3)(C), substituted ‘‘subsection (b)(2)’’ for ‘‘subsection (b)(3)’’.
Subsecs. (e), (f). Pub. L. 110–405, § 2(b)(3)(D), struck
out subsecs. (e) and (f) which read as follows:
‘‘(e) ORDERS.—An order of the Postal Service under
this section may become effective only after 10 days
after the order is issued. A person adversely affected by
the order may appeal the order to the Secretary before
the end of the 10-day period under regulations the Secretary prescribes. If the public convenience and necessity require, the Secretary may amend, modify, suspend, or cancel the order. Pending a decision about the
order, the Secretary may postpone the effective date of
the order.
‘‘(f) PROCEEDINGS PREFERENCES.—The Secretary shall
give preference to a proceeding under this section over
all other proceedings before the Secretary under this
subpart.’’
1999—Subsecs. (a), (b)(2) to (4). Pub. L. 106–31 repealed
Pub. L. 103–272, § 4(k). See 1994 Amendment notes below.

§ 41903

TITLE 49—TRANSPORTATION

1994—Subsec. (a). Pub. L. 103–272, § 4(k)(1), which directed the amendment of this section by substituting
‘‘foreign air transportation’’ for ‘‘foreign air transportation or between places in Alaska’’, effective Jan. 1,
1999, was repealed by Pub. L. 106–31, § 6003, effective Dec.
31, 1998.
Subsec. (b)(2) to (4). Pub. L. 103–272, § 4(k)(3), as
amended by Pub. L. 103–429, which directed the amendment of subsec. (b) by redesignating par. (3) as (2) and
substituting ‘‘clause (1)’’ for ‘‘clauses (1) and (2)’’, striking out former par. (2) which read as follows: ‘‘the
places between which the carrier is authorized to transport mail in Alaska;’’, and redesignating par. (4) as (3),
effective Jan. 1, 1999, was repealed by Pub. L. 106–31,
§ 6003, effective Dec. 31, 1998.

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272, § 1(e)
Revised
Section

Source (U.S. Code)
49 App.:1375(d).
49 App.:1551(a)(4)(A)
(related to 49
App.:1371(l),
1375(d)).

41903(b) ......

49 App.:1375(c).
49 App.:1551(a)(4)(A)
(related to 49
App.:1375(c)).
49 App.:1551(b)(1)(E).

EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–405 effective Oct. 1, 2008,
see section 2(c) of Pub. L. 110–405, set out as a note
under section 101 of Title 39, Postal Service.
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106–31, title VI, § 6003, May 21, 1999, 113 Stat.
113, provided that the amendment made by section 6003
is effective Dec. 31, 1998.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 7(a) of Pub. L. 103–429 provided in part that
the amendment made by that section is effective July
5, 1994.

§ 41903. Duty to provide certain transportation of
mail
(a) AIR CARRIERS.—Subject to subsection (b) of
this section, an air carrier authorized by its certificate to transport mail by aircraft between
places in Alaska shall—
(1) provide facilities and services necessary
and adequate to provide that transportation;
and
(2) transport mail between the places authorized in the certificate for transportation
of mail when required, and under regulations
prescribed, by the United States Postal Service.
(b) MAXIMUM MAIL LOAD.—The Secretary of
Transportation may prescribe the maximum
mail load for a schedule or for an aircraft or
type of aircraft for the transportation of mail by
aircraft between places in Alaska. If the Postal
Service tenders to an air carrier mail exceeding
the maximum load for transportation by the
carrier under a schedule designated or required
to be established for the transportation of mail
under section 41902(c) of this title, the carrier,
as nearly in accordance with the schedule as the
Secretary decides is possible, shall—
(1) provide facilities sufficient to transport
the mail to the extent the Secretary decides
the carrier reasonably is able to do so; and
(2) transport that mail.
(Pub. L. 103–272, §§ 1(e), 4(k)(1), July 5, 1994, 108
Stat. 1154, 1370; Pub. L. 106–31, title VI, § 6003,
May 21, 1999, 113 Stat. 113; Pub. L. 110–405,
§ 2(b)(4), Oct. 13, 2008, 122 Stat. 4289.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272, § 1(e)
Revised
Section
41903(a) ......

Source (U.S. Code)
49 App.:1371(l).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 401(l), 405(c), (d), 72
Stat. 757, 761.

Page 842

Source (Statutes at Large)

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(4)(A)
(related to §§ 401(l), 405(c),
(d)); added Oct. 4, 1984,
Pub. L. 98–443, § 3(c), 98
Stat. 1703.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

In subsection (a), before clause (1), the words ‘‘Subject to subsection (b) of this section’’ are added for
clarity because subsection (b) limits the effect of this
section. The words ‘‘transport mail by aircraft in foreign air transportation or between places in Alaska’’
are substituted for ‘‘the transportation of mail’’ in 49
App.:1371(l) and ‘‘the transportation of mail by aircraft’’ in 49 App.:1375(d) because 49 App.:1551(a)(4)(A)
provides that 49 App.:1371(l) and 1375(d) no longer apply
to interstate or overseas air transportation (except
transportation of mail between 2 places in Alaska).
Clause (2) is substituted for ‘‘shall transport mail
whenever required by the United States Postal Service’’ in 49 App.:1371(l) and the text of 49 App.:1375(d) for
clarity and to eliminate unnecessary words. The text of
49 App.:1371(l) (last sentence) is omitted as surplus because section 41901 of the revised title specifies how the
rates of compensation are determined.
In subsection (b), before clause (1), the words ‘‘transportation of mail by aircraft in foreign air transportation or between places in Alaska’’ are added because
49 App.:1551(a)(4)(A) provides that 49 App.:1375(c) no
longer applies to interstate or overseas air transportation of mail (except transportation of mail between 2
places in Alaska).
PUB. L. 103–272, § 4(k)(1)
Revised
Section
41903 ..........

Source (U.S. Code)
49 App.:1551(a)(8).

49 App.:1551(b)(3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(8);
added Oct. 4, 1984, Pub. L.
98–443, § 3(c), 98 Stat. 1704;
Sept. 30, 1988, Pub. L.
100–457, § 346 (related to
§ 1601(a)(8)
of
Federal
Aviation Act of 1958), 102
Stat. 2155.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(3);
added Oct. 4, 1984, Pub. L.
98–443, § 3(f), 98 Stat. 1704;
Sept. 30, 1988, Pub. L.
100–457, § 346 (related to
§ 1601(b)(3)
of
Federal
Aviation Act of 1958), 102
Stat. 2155.

Section 4(k) reflects amendments to the restatement
required by section 1601(a)(8) of the Federal Aviation
Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by
section 3(c) of the Civil Aeronautics Board Sunset Act
of 1984 (Public Law 98–443, 98 Stat. 1704), and section
1601(b)(3) of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 731), as added by section 3(f) of the
Civil Aeronautics Board Sunset Act of 1984 (Public Law
98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the
authority under 49 App.:1371(l) and (m) and 1375(b)–(d)
as those sections relate to transportation of mail by
aircraft between places in Alaska (restated in sections
41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority
for prescribing rates for transportation of mail between
places in Alaska from the Secretary of Transportation
to the Postal Service effective January 1, 1999.

Page 843
AMENDMENTS

2008—Subsecs. (a), (b). Pub. L. 110–405 struck out ‘‘in
foreign air transportation or’’ before ‘‘between places
in Alaska’’ in introductory provisions.
1999—Pub. L. 106–31 repealed Pub. L. 103–272, § 4(k).
See 1994 Amendment note below.
1994—Pub. L. 103–272, § 4(k)(1), which directed the
amendment of this section by substituting ‘‘foreign air
transportation’’ for ‘‘foreign air transportation or between places in Alaska’’ in introductory provisions of
subsecs. (a) and (b), effective Jan. 1, 1999, was repealed
by Pub. L. 106–31, § 6003, effective Dec. 31, 1998.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–405 effective Oct. 1, 2008,
see section 2(c) of Pub. L. 110–405, set out as a note
under section 101 of Title 39, Postal Service.
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106–31, title VI, § 6003, May 21, 1999, 113 Stat.
113, provided that the amendment made by section 6003
is effective Dec. 31, 1998.

§ 41904. Noncitizens transporting mail
When the United States Postal Service decides
that it may be necessary to have a person not a
citizen of the United States transport mail by
aircraft between two points outside the United
States, the Postal Service may make an arrangement with the person, without advertising,
to provide the transportation. Nothing in this
section shall affect the authority of the Postal
Service to make arrangements with noncitizens
for the carriage of mail in foreign air transportation under subsections 5402(b) and (c) of title
39.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1155;
Pub. L. 110–405, § 2(b)(5), Oct. 13, 2008, 122 Stat.
4289.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41904 ..........

§ 41906

TITLE 49—TRANSPORTATION

49 App.:1375(e)(2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 405(e)(2), 72 Stat. 761.

The words ‘‘who may not be obligated to transport
the mail for a foreign country’’ are omitted for simplicity and clarity because the omitted words impose no requirement or qualification that is meaningful.

sons authorized to transport mail to or from the
locality are inadequate to meet the requirements of the Postal Service during the emergency. The contract may be only for periods
necessary to maintain mail service because of
the inadequacy of the facilities. Payment for
transportation provided under the contract shall
be made at prices provided in the contract.
(b) TRANSPORTATION NOT AIR TRANSPORTATION.—Transportation provided under a contract made under subsection (a) of this section
is not air transportation within the meaning of
this part.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1155,
§ 41906; renumbered § 41905, Pub. L. 110–405,
§ 2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

41906(a) ......
41906(b) ......

49 App.:1375(h) (1st,
2d, last sentences).
49 App.:1375(h) (3d
sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 405(h), 72 Stat. 762.

In subsection (a), the word ‘‘disaster’’ is substituted
for ‘‘calamitous visitation’’ for consistency in the revised title and with other titles of the United States
Code. The words ‘‘any or all classes of’’ and ‘‘of compensation’’ are omitted as surplus. The words ‘‘from appropriations for the transportation of mail by the
means normally used for transporting the mail transported under such contracts’’ are omitted as superseded
by 39:chs. 20 and 24. The authority of the Postal Service
under this section is in addition to the authority of the
Postal Service under 39:5001.
In subsection (b), the words ‘‘Transportation provided’’ are substituted for ‘‘operation’’ for consistency
in this chapter.
PRIOR PROVISIONS
A prior section 41905, Pub. L. 103–272, § 1(e), July 5,
1994, 108 Stat. 1155, related to regulating air carrier
transportation of foreign mail, prior to repeal by Pub.
L. 110–405, § 2(b)(7)(A), (c), Oct. 13, 2008, 122 Stat. 4289,
4290, effective Oct. 1, 2008.
AMENDMENTS
2008—Pub. L. 110–405 renumbered section 41906 of this
title as this section.

AMENDMENTS

EFFECTIVE DATE OF 2008 AMENDMENT

2008—Pub. L. 110–405 struck out ‘‘to or in foreign
countries’’ after ‘‘mail’’ in section catchline, substituted ‘‘between two points outside the United
States’’ for ‘‘to or in a foreign country’’, and inserted
‘‘Nothing in this section shall affect the authority of
the Postal Service to make arrangements with noncitizens for the carriage of mail in foreign air transportation under subsections 5402(b) and (c) of title 39.’’
after ‘‘transportation.’’

Amendment by Pub. L. 110–405 effective Oct. 1, 2008,
see section 2(c) of Pub. L. 110–405, set out as a note
under section 101 of Title 39, Postal Service.

EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–405 effective Oct. 1, 2008,
see section 2(c) of Pub. L. 110–405, set out as a note
under section 101 of Title 39, Postal Service.

§ 41905. Emergency mail transportation
(a) CONTRACT AUTHORITY.—In an emergency
caused by a flood, fire, or other disaster, the
United States Postal Service may make a contract without advertising to transport mail by
aircraft to or from a locality affected by the
emergency when the available facilities of per-

§ 41906. Duty to oppose unreasonable prices
under the Universal Postal Union Convention
The Secretary of State and the United States
Postal Service shall—
(1) take appropriate action to ensure that
the prices paid for transporting mail under the
Universal Postal Union Convention are not
higher than reasonable prices for transporting
mail; and
(2) oppose any existing or proposed Universal
Postal Union price that is higher than a reasonable price for transporting mail.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1156,
§ 41909; renumbered § 41906, Pub. L. 110–405,
§ 2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)

§ 41907

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section
41909 ..........

Source (U.S. Code)
49 App.:1376(h)(2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 406(h)(2);
added Jan. 3, 1975, Pub. L.
93–623, § 4, 88 Stat. 2103.

The words ‘‘necessary and’’ are omitted as being included in the word ‘‘appropriate’’. The words ‘‘each’’
and ‘‘all’’ are omitted as surplus. The words ‘‘transporting mail’’ are substituted for ‘‘such services’’ for consistency in this section. The word ‘‘reasonable’’ is substituted for ‘‘fair and reasonable’’ for consistency in
the revised title and to eliminate an unnecessary word.
See revision notes following 49:10101.
PRIOR PROVISIONS
A prior section 41906 was renumbered section 41905 of
this title.
AMENDMENTS

Service may weigh mail transported by aircraft and
make statistical and administrative computations necessary in the interest of mail service.’’
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–405 effective Oct. 1, 2008,
see section 2(c) of Pub. L. 110–405, set out as a note
under section 101 of Title 39, Postal Service.

§ 41908. Effect on foreign postal arrangements
This part does not—
(1) affect an arrangement made by the
United States Government with the postal administration of a foreign country related to
the transportation of mail by aircraft; or
(2) impair the authority of the United States
Postal Service to make such an arrangement.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1157,
§ 41912; renumbered § 41908, Pub. L. 110–405,
§ 2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)

2008—Pub. L. 110–405 renumbered section 41909 of this
title as this section.

§ 41907. Weighing mail

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1157,
§ 41910; renumbered § 41907 and amended Pub. L.
110–405, § 2(b)(6), (7)(B), Oct. 13, 2008, 122 Stat.
4289.)
HISTORICAL AND REVISION NOTES
Revised
Section
41910 ..........

Source (U.S. Code)
49 App.:1376(f).
49 App.:1551(b)(1)(E).

HISTORICAL AND REVISION NOTES
Revised
Section

The United States Postal Service may weigh
mail transported by aircraft between places in
Alaska
and
make
statistical
and
–administrative 1 computations necessary in the
interest of mail service. When the Secretary of
Transportation decides that additional or more
frequent weighings of mail are advisable or necessary to carry out this part, the Postal Service
shall provide the weighings, but it is not required to provide them for continuous periods of
more than 30 days.

41912 ..........

49 App.:1375(e)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 405(e)(1), 72 Stat. 761.

In clause (1), the words ‘‘abrogate or’’ are omitted as
being included in ‘‘affect’’.
PRIOR PROVISIONS
A prior section 41908, Pub. L. 103–272, § 1(e), July 5,
1994, 108 Stat. 1156, related to prices for transporting
mail of foreign countries, prior to repeal by Pub. L.
110–405, § 2(b)(7)(A), (c), Oct. 13, 2008, 122 Stat. 4289, 4290,
effective Oct. 1, 2008.
AMENDMENTS
2008—Pub. L. 110–405, which directed the amendment
of this chapter by renumbering section 49112 as this
section, was executed by renumbering section 41912 of
this title as this section to reflect the probable intent
of Congress.

[§ 41909. Renumbered § 41906]

Aug. 23, 1958, Pub. L. 85–726,
§ 406(f), 72 Stat. 764.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

[§ 41910. Renumbered § 41907]

PRIOR PROVISIONS
A prior section 41907, Pub. L. 103–272, § 1(e), July 5,
1994, 108 Stat. 1155, related to prices for foreign transportation of mail, prior to repeal by Pub. L. 110–405,
§ 2(b)(7)(A), (c), Oct. 13, 2008, 122 Stat. 4289, 4290, effective Oct. 1, 2008.

[§ 41911. Repealed. Pub. L. 110–405, § 2(b)(7)(A),
Oct. 13, 2008, 122 Stat. 4289]
Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1157, related to evidence of providing mail service.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 2008, see section 2(c) of Pub.
L. 110–405, set out as an Effective Date of 2008 Amendment note under section 101 of Title 39, Postal Service.

[§ 41912. Renumbered § 41908]
CHAPTER 421—LABOR-MANAGEMENT
PROVISIONS
SUBCHAPTER I—EMPLOYEE PROTECTION
PROGRAM 1

AMENDMENTS
2008—Pub. L. 110–405, § 2(b)(7)(B), renumbered section
41910 of this title as this section.
Pub. L. 110–405, § 2(b)(6), substituted ‘‘The United
States Postal Service may weigh mail transported by
aircraft between places in Alaska and make statistical
and –administrative computations necessary in the interest of mail service.’’ for ‘‘The United States Postal
in original.

Source (U.S. Code)

Source (Statutes at Large)

The text of 49 App.:1376(f) (2d sentence) is omitted as
surplus because of 39:chs. 4 and 10. The words ‘‘upon request of the Board’’ are omitted as surplus because the
Secretary of Transportation makes the determination.
The words ‘‘therefor in like manner’’ are omitted as
surplus.

1 So

Page 844

Sec.

42101.
42102.
42103.
42104.
42105.

Definitions.
Payments to eligible protected employees.
Duty to hire protected employees.
Congressional review of regulations.
Airline Employees Protective Account.

1 Subchapter I repealed by Pub. L. 105–220 without corresponding amendment of chapter analysis.

Page 845
42106.

Ending effective date.

SUBCHAPTER II—MUTUAL AID AGREEMENTS
AND LABOR REQUIREMENTS OF AIR CARRIERS

HISTORICAL AND REVISION NOTES
Revised
Section
42111 ..........

42111.
42112.

§ 42112

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1382(c).

Mutual aid agreements.
Labor requirements of air carriers.

SUBCHAPTER III—WHISTLEBLOWER PROTECTION
PROGRAM
42121.

Protection of employees providing air safety
information.
AMENDMENTS

2000—Pub. L. 106–181, title V, § 519(b), Apr. 5, 2000, 114
Stat. 149, added heading for subchapter III and item
42121.

[SUBCHAPTER I—REPEALED]
[§§ 42101 to 42106. Repealed. Pub. L. 105–220, title
I, § 199(a)(6), Aug. 7, 1998, 112 Stat. 1059]
Section 42101, Pub. L. 103–272, § 1(e), July 5, 1994, 108
Stat. 1157, defined terms in subchapter.
Section 42102, Pub. L. 103–272, § 1(e), July 5, 1994, 108
Stat. 1158, related to payments to eligible protected
employees.
Section 42103, Pub. L. 103–272, § 1(e), July 5, 1994, 108
Stat. 1159, related to duty to hire protected employees.
Section 42104, Pub. L. 103–272, § 1(e), July 5, 1994, 108
Stat. 1159; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat.
3389, related to congressional review of regulations.
Section 42105, Pub. L. 103–272, § 1(e), July 5, 1994, 108
Stat. 1160, related to Airline Employees Protective Account.
Section 42106, Pub. L. 103–272, § 1(e), July 5, 1994, 108
Stat. 1160, provided ending effective date for subchapter.

49 App.:1551(b)(1)(C)
(related to 49
App.:1382(c)).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 412(c); added
Oct. 24, 1978, Pub. L.
95–504, § 29(a), 92 Stat. 1730;
Feb. 15, 1980, Pub. L.
96–192, § 11(2), 94 Stat. 39;
Oct. 4, 1984, Pub. L. 98–443,
§ 9(s), 98 Stat. 1708.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(C)
(related to § 412(c)); added
Oct. 24, 1978, Pub. L.
95–504, § 40(a), 92 Stat. 1745;
Oct. 14, 1982, Pub. L.
97–309, § 4(b), 96 Stat. 1454;
Oct. 4, 1984, Pub. L. 98–443,
§ 3(a), 98 Stat. 1703.

In this section, before clause (1), the text of 49
App.:1382(c)(1) is omitted as executed. The words ‘‘For
purposes of this subsection, the term . . . (A) ‘mutual
aid agreement’ means’’ are omitted because of the restatement. The words ‘‘contract or’’, ‘‘which are parties to such contract or agreement’’, and ‘‘during
which’’ are omitted as surplus. The word ‘‘providing’’ is
substituted for ‘‘engaging in’’ for consistency. The
words ‘‘service in’’ are omitted as surplus. The words
‘‘No air carrier shall enter into any mutual aid agreement with any other air carrier’’ are omitted as surplus. In clause (1), the words ‘‘For purposes of this subsection, the term . . . (B) ‘direct operating expenses’
includes’’ are omitted because of the restatement. The
words ‘‘for any period’’ and ‘‘during such period’’ are
omitted as surplus. In clause (2), the words ‘‘under the
agreement’’ and ‘‘during any labor strike’’ are omitted
as surplus.
REFERENCES IN TEXT
The Railway Labor Act, referred to in par. (3), is act
May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is
classified principally to chapter 8 (§ 151 et seq.) of Title
45, Railroads. For complete classification of this Act to
the Code, see section 151 of Title 45 and Tables.

§ 42112. Labor requirements of air carriers
SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF
AIR CARRIERS
§ 42111. Mutual aid agreements
An air carrier that will receive payments from
another air carrier under an agreement between
the air carriers for the time the one air carrier
is not providing foreign air transportation, or is
providing reduced levels of foreign air transportation, because of a labor strike must file a true
copy of the agreement with the Secretary of
Transportation and have it approved by the Secretary under section 41309 of this title. Notwithstanding section 41309, the Secretary shall approve the agreement only if it provides that—
(1) the air carrier will receive payments of
not more than 60 percent of direct operating
expenses, including interest expenses, but not
depreciation or amortization expenses;
(2) benefits may be paid for not more than 8
weeks, and may not be for losses incurred during the first 30 days of a strike; and
(3) on request of the striking employees, the
dispute will be submitted to binding arbitration under the Railway Labor Act (45 U.S.C.
151 et seq.).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1160.)

(a) DEFINITIONS.—In this section—
(1) ‘‘copilot’’ means an employee whose duties include assisting or relieving the pilot in
manipulating an aircraft and who is qualified
to serve as, and has in effect an airman certificate authorizing the employee to serve as, a
copilot.
(2) ‘‘pilot’’ means an employee who is—
(A) responsible for manipulating or who
manipulates the flight controls of an aircraft when under way, including the landing
and takeoff of an aircraft; and
(B) qualified to serve as, and has in effect
an airman certificate authorizing the employee to serve as, a pilot.
(b) DUTIES OF AIR CARRIERS.—An air carrier
shall—
(1) maintain rates of compensation, maximum hours, and other working conditions and
relations for its pilots and copilots who are
providing interstate air transportation in the
48 contiguous States and the District of Columbia to conform with decision number 83,
May 10, 1934, National Labor Board, notwithstanding any limitation in that decision on
the period of its effectiveness;
(2) maintain rates of compensation for its pilots and copilots who are providing foreign air
transportation or air transportation only in
one territory or possession of the United
States; and

§ 42121

TITLE 49—TRANSPORTATION

(3) comply with title II of the Railway Labor
Act (45 U.S.C. 181 et seq.) as long as it holds its
certificate.
(c) MINIMUM ANNUAL RATE OF COMPENSATION.—
A minimum annual rate under subsection (b)(2)
of this section may not be less than the annual
rate required to be paid for comparable service
to a pilot or copilot under subsection (b)(1) of
this section.
(d) COLLECTIVE BARGAINING.—This section does
not prevent pilots or copilots of an air carrier
from obtaining by collective bargaining higher
rates of compensation or more favorable working conditions or relations.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1160.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

42112(a) ......

49 App.:1371(k)(5).

42112(b), (c)

49 App.:1371(k)(1),
(2), (4).
49 App.:1371(k)(3).

42112(d) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 401(k), 72 Stat. 756.

In subsection (a), the words ‘‘properly’’ and ‘‘currently’’ are omitted as surplus.
In subsection (b), the word ‘‘providing’’ is substituted
for ‘‘engaged in’’ for consistency in the revised title. In
clause (1), the words ‘‘48 contiguous States and the District of Columbia’’ are substituted for ‘‘the continental
United States (not including Alaska)’’ for clarity and
consistency in the revised title. In clause (2), the words
‘‘overseas or’’ are omitted as obsolete. The word ‘‘only’’
is substituted for ‘‘wholly’’ for consistency. In clause
(3), the words ‘‘as long as it holds’’ are substituted for
‘‘upon the holding’’ for clarity.
In subsection (c), the words ‘‘under subsection (b)(1)
of this section’’ are substituted for ‘‘said decision 83
. . . engaged in interstate air transportation within the
continental United States (not including Alaska)’’ to
eliminate unnecessary words.
In subsection (d), the words ‘‘or other employees’’ are
omitted as unnecessary because this section only applies to pilots and copilots.
REFERENCES IN TEXT
The Railway Labor Act, referred to in subsec. (b)(3),
is act May 20, 1926, ch. 347, 44 Stat. 577, as amended.
Title II of the Act was added by act Apr. 10, 1936, ch.
166, 49 Stat. 1189, and is classified generally to subchapter II (§ 181 et seq.) of chapter 8 of Title 45, Railroads. For complete classification of this Act to the
Code, see section 151 of Title 45 and Tables.
LABOR INTEGRATION
Pub. L. 110–161, div. K, title I, § 117, Dec. 26, 2007, 121
Stat. 2382, provided that:
‘‘(a) LABOR INTEGRATION.—With respect to any covered transaction involving two or more covered air carriers that results in the combination of crafts or classes that are subject to the Railway Labor Act (45 U.S.C.
151 et seq.), sections 3 and 13 of the labor protective
provisions imposed by the Civil Aeronautics Board in
the Allegheny-Mohawk merger (as published at 59
C.A.B. 45) shall apply to the integration of covered employees of the covered air carriers; except that—
‘‘(1) if the same collective bargaining agent represents the combining crafts or classes at each of the
covered air carriers, that collective bargaining
agent’s internal policies regarding integration, if
any, will not be affected by and will supersede the requirements of this section; and
‘‘(2) the requirements of any collective bargaining
agreement that may be applicable to the terms of integration involving covered employees of a covered

Page 846

air carrier shall not be affected by the requirements
of this section as to the employees covered by that
agreement, so long as those provisions allow for the
protections afforded by sections 3 and 13 of the Allegheny-Mohawk provisions.
‘‘(b) DEFINITIONS.—In this section, the following definitions apply:
‘‘(1) AIR CARRIER.—The term ‘air carrier’ means an
air carrier that holds a certificate issued under chapter 411 of title 49, United States Code.
‘‘(2) COVERED AIR CARRIER.—The term ‘covered air
carrier’ means an air carrier that is involved in a covered transaction.
‘‘(3) COVERED EMPLOYEE.—The term ‘covered employee’ means an employee who—
‘‘(A) is not a temporary employee; and
‘‘(B) is a member of a craft or class that is subject
to the Railway Labor Act (45 U.S.C. 151 et seq.).
‘‘(4) COVERED TRANSACTION.—The term ‘covered
transaction’ means—
‘‘(A) a transaction for the combination of multiple air carriers into a single air carrier; and which
‘‘(B) involves the transfer of ownership or control
of—
‘‘(i) 50 percent or more of the equity securities
(as defined in section 101 of title 11, United States
Code) of an air carrier; or
‘‘(ii) 50 percent or more (by value) of the assets
of the air carrier.
‘‘(c) APPLICATION.—This section shall not apply to
any covered transaction involving a covered air carrier
that took place before the date of enactment of this
Act [Dec. 26, 2007].
‘‘(d) EFFECTIVENESS OF PROVISION.—This section shall
become effective on the date of enactment of this Act
and shall continue in effect in fiscal years after fiscal
year 2008.’’

SUBCHAPTER III—WHISTLEBLOWER
PROTECTION PROGRAM
§ 42121. Protection of employees providing air
safety information
(a) DISCRIMINATION AGAINST AIRLINE EMPLOYEES.—No air carrier or contractor or subcontractor of an air carrier may discharge an employee
or otherwise discriminate against an employee
with respect to compensation, terms, conditions, or privileges of employment because the
employee (or any person acting pursuant to a request of the employee)—
(1) provided, caused to be provided, or is
about to provide (with any knowledge of the
employer) or cause to be provided to the employer or Federal Government information relating to any violation or alleged violation of
any order, regulation, or standard of the Federal Aviation Administration or any other
provision of Federal law relating to air carrier
safety under this subtitle or any other law of
the United States;
(2) has filed, caused to be filed, or is about to
file (with any knowledge of the employer) or
cause to be filed a proceeding relating to any
violation or alleged violation of any order,
regulation, or standard of the Federal Aviation Administration or any other provision of
Federal law relating to air carrier safety
under this subtitle or any other law of the
United States;
(3) testified or is about to testify in such a
proceeding; or
(4) assisted or participated or is about to assist or participate in such a proceeding.
(b) DEPARTMENT OF
DURE.—

LABOR COMPLAINT PROCE-

Page 847

TITLE 49—TRANSPORTATION

(1) FILING AND NOTIFICATION.—A person who
believes that he or she has been discharged or
otherwise discriminated against by any person
in violation of subsection (a) may, not later
than 90 days after the date on which such violation occurs, file (or have any person file on
his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination. Upon receipt of such a complaint,
the Secretary of Labor shall notify, in writing,
the person named in the complaint and the
Administrator of the Federal Aviation Administration of the filing of the complaint, of the
allegations contained in the complaint, of the
substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2).
(2) INVESTIGATION; PRELIMINARY ORDER.—
(A) IN GENERAL.—Not later than 60 days
after the date of receipt of a complaint filed
under paragraph (1) and after affording the
person named in the complaint an opportunity to submit to the Secretary of Labor a
written response to the complaint and an opportunity to meet with a representative of
the Secretary to present statements from
witnesses, the Secretary of Labor shall conduct an investigation and determine whether there is reasonable cause to believe that
the complaint has merit and notify, in writing, the complainant and the person alleged
to have committed a violation of subsection
(a) of the Secretary’s findings. If the Secretary of Labor concludes that there is a
reasonable cause to believe that a violation
of subsection (a) has occurred, the Secretary
shall accompany the Secretary’s findings
with a preliminary order providing the relief
prescribed by paragraph (3)(B). Not later
than 30 days after the date of notification of
findings under this paragraph, either the
person alleged to have committed the violation or the complainant may file objections
to the findings or preliminary order, or both,
and request a hearing on the record. The filing of such objections shall not operate to
stay any reinstatement remedy contained in
the preliminary order. Such hearings shall
be conducted expeditiously. If a hearing is
not requested in such 30-day period, the preliminary order shall be deemed a final order
that is not subject to judicial review.
(B) REQUIREMENTS.—
(i) REQUIRED SHOWING BY COMPLAINANT.—
The Secretary of Labor shall dismiss a
complaint filed under this subsection and
shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie
showing that any behavior described in
paragraphs (1) through (4) of subsection (a)
was a contributing factor in the unfavorable personnel action alleged in the complaint.
(ii) SHOWING BY EMPLOYER.—Notwithstanding a finding by the Secretary that
the complainant has made the showing required under clause (i), no investigation
otherwise required under subparagraph (A)
shall be conducted if the employer demonstrates, by clear and convincing evi-

§ 42121

dence, that the employer would have
taken the same unfavorable personnel action in the absence of that behavior.
(iii) CRITERIA FOR DETERMINATION BY SECRETARY.—The Secretary may determine
that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in
paragraphs (1) through (4) of subsection (a)
was a contributing factor in the unfavorable personnel action alleged in the complaint.
(iv) PROHIBITION.—Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have
taken the same unfavorable personnel action in the absence of that behavior.
(3) FINAL ORDER.—
(A) DEADLINE FOR ISSUANCE; SETTLEMENT
AGREEMENTS.—Not later than 120 days after
the date of conclusion of a hearing under
paragraph (2), the Secretary of Labor shall
issue a final order providing the relief prescribed by this paragraph or denying the
complaint. At any time before issuance of a
final order, a proceeding under this subsection may be terminated on the basis of a
settlement agreement entered into by the
Secretary of Labor, the complainant, and
the person alleged to have committed the
violation.
(B) REMEDY.—If, in response to a complaint filed under paragraph (1), the Secretary of Labor determines that a violation
of subsection (a) has occurred, the Secretary
of Labor shall order the person who committed such violation to—
(i) take affirmative action to abate the
violation;
(ii) reinstate the complainant to his or
her former position together with the compensation (including back pay) and restore
the terms, conditions, and privileges associated with his or her employment; and
(iii) provide compensatory damages to
the complainant.
If such an order is issued under this paragraph, the Secretary of Labor, at the request
of the complainant, shall assess against the
person against whom the order is issued a
sum equal to the aggregate amount of all
costs and expenses (including attorneys’ and
expert witness fees) reasonably incurred, as
determined by the Secretary of Labor, by
the complainant for, or in connection with,
the bringing the complaint upon which the
order was issued.
(C) FRIVOLOUS COMPLAINTS.—If the Secretary of Labor finds that a complaint under
paragraph (1) is frivolous or has been
brought in bad faith, the Secretary of Labor
may award to the prevailing employer a reasonable attorney’s fee not exceeding $1,000.
(4) REVIEW.—
(A) APPEAL TO COURT OF APPEALS.—Any
person adversely affected or aggrieved by an
order issued under paragraph (3) may obtain
review of the order in the United States
Court of Appeals for the circuit in which the

§ 44101

TITLE 49—TRANSPORTATION

violation, with respect to which the order
was issued, allegedly occurred or the circuit
in which the complainant resided on the
date of such violation. The petition for review must be filed not later than 60 days
after the date of the issuance of the final
order of the Secretary of Labor. Review
shall conform to chapter 7 of title 5, United
States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay
of the order.
(B) LIMITATION ON COLLATERAL ATTACK.—
An order of the Secretary of Labor with respect to which review could have been obtained under subparagraph (A) shall not be
subject to judicial review in any criminal or
other civil proceeding.
(5) ENFORCEMENT OF ORDER BY SECRETARY OF
LABOR.—Whenever any person has failed to
comply with an order issued under paragraph
(3), the Secretary of Labor may file a civil action in the United States district court for the
district in which the violation was found to
occur to enforce such order. In actions brought
under this paragraph, the district courts shall
have jurisdiction to grant all appropriate relief including, but not limited to, injunctive
relief and compensatory damages.
(6) ENFORCEMENT OF ORDER BY PARTIES.—
(A) COMMENCEMENT OF ACTION.—A person
on whose behalf an order was issued under
paragraph (3) may commence a civil action
against the person to whom such order was
issued to require compliance with such
order. The appropriate United States district court shall have jurisdiction, without
regard to the amount in controversy or the
citizenship of the parties, to enforce such
order.
(B) ATTORNEY FEES.—The court, in issuing
any final order under this paragraph, may
award costs of litigation (including reasonable attorney and expert witness fees) to any
party whenever the court determines such
award is appropriate.
(c) MANDAMUS.—Any nondiscretionary duty
imposed by this section shall be enforceable in a
mandamus proceeding brought under section
1361 of title 28, United States Code.
(d) NONAPPLICABILITY TO DELIBERATE VIOLATIONS.—Subsection (a) shall not apply with respect to an employee of an air carrier, contractor, or subcontractor who, acting without direction from such air carrier, contractor, or subcontractor (or such person’s agent), deliberately
causes a violation of any requirement relating
to air carrier safety under this subtitle or any
other law of the United States.
(e) CONTRACTOR DEFINED.—In this section, the
term ‘‘contractor’’ means a company that performs safety-sensitive functions by contract for
an air carrier.
(Added Pub. L. 106–181, title V, § 519(a), Apr. 5,
2000, 114 Stat. 145.)
EFFECTIVE DATE
Subchapter applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

Page 848

SUBPART III—SAFETY

CHAPTER 441—REGISTRATION AND
RECORDATION OF AIRCRAFT
Sec.

44101.
44102.
44103.
44104.
44105.
44106.
44107.
44108.
44109.
44110.
44111.

44112.
44113.

Operation of aircraft.
Registration requirements.
Registration of aircraft.
Registration of aircraft components and dealers’ certificates of registration.
Suspension and revocation of aircraft certificates.
Revocation of aircraft certificates for controlled substance violations.
Recordation of conveyances, leases, and security instruments.
Validity of conveyances, leases, and security
instruments.
Reporting transfer of ownership.
Information about aircraft ownership and
rights.
Modifications in registration and recordation
system for aircraft not providing air transportation.
Limitation of liability.
Definitions.
AMENDMENTS

2004—Pub. L. 108–297, § 6(b), Aug. 9, 2004, 118 Stat. 1097,
added item 44113.

§ 44101. Operation of aircraft
(a) REGISTRATION REQUIREMENT.—Except as
provided in subsection (b) of this section, a person may operate an aircraft only when the aircraft is registered under section 44103 of this
title.
(b) EXCEPTIONS.—A person may operate an aircraft in the United States that is not registered—
(1) when authorized under section 40103(d) or
41703 of this title;
(2) when it is an aircraft of the national defense forces of the United States and is identified in a way satisfactory to the Administrator of the Federal Aviation Administration;
and
(3) for a reasonable period of time after a
transfer of ownership, under regulations prescribed by the Administrator.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1161.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44101(a) ......

49 App.:1401(a) (1st
sentence words
before proviso less
words between parentheses).
49 App.:1401(a) (1st
sentence words
between parentheses, proviso,
last sentence).
49 App.:1655(c)(1).

Aug. 23, 1958, Pub. L. 85–726,
§ 501(a), 72 Stat. 771.

44101(b) ......

Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

In this section, the word ‘‘navigate’’ is omitted as
being included in the definition of ‘‘operate aircraft’’ in
section 40102(a) of the revised title.
In subsection (a), the words ‘‘Except as provided in
subsection (b) of this section’’ are added for clarity.
The words ‘‘a person may . . . an aircraft only when the

Page 849

§ 44102

TITLE 49—TRANSPORTATION

aircraft is registered under section 44103 of this title’’
are substituted for ‘‘It shall be unlawful . . . any aircraft eligible for registration if such aircraft is not registered by its owner as provided in this section, or . . .
any aircraft not eligible for registration’’ for clarity
and to eliminate unnecessary words.
In subsection (b), before clause (1), the words ‘‘A person may operate an aircraft in the United States that
is not registered’’ are substituted for ‘‘may be operated
and navigated without being so registered’’ and ‘‘may
. . . permit the operation and navigation of aircraft
without registration’’ for clarity. In clause (2), the
words ‘‘identified in a way’’ are substituted for ‘‘identified, by the agency having jurisdiction over them, in a
manner’’ to eliminate unnecessary words.
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–297, § 7, Aug. 9, 2004, 118 Stat. 1097, provided that: ‘‘This Act [see Short Title of 2004 Amendment note set out under section 40101 of this title], including any amendments made by this Act, shall take
effect on the date the Cape Town Treaty (as defined in
section 44113 of title 49, United States Code) enters into
force with respect to the United States and shall not
apply to any registration or recordation that was made
before such effective date under chapter 441 of such
title or any legal rights relating to such registration or
recordation.’’ [The Cape Town Treaty entered into
force with respect to the United States on Mar. 1, 2006.
See 71 F.R. 8457.]
REGULATIONS
Pub. L. 108–297, § 4, Aug. 9, 2004, 118 Stat. 1096, provided that:
‘‘(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall issue regulations necessary to carry out this Act [see Short Title of 2004
Amendment note set out under section 40101 of this
title], including any amendments made by this Act.
‘‘(b) CONTENTS OF REGULATIONS.—Regulations to be
issued under this Act shall specify, at a minimum, the
requirements for—
‘‘(1) the registration of aircraft previously registered in a country in which the Cape Town Treaty
is in effect; and
‘‘(2) the cancellation of registration of a civil aircraft of the United States based on a request made in
accordance with the Cape Town Treaty.
‘‘(c) EXPEDITED RULEMAKING PROCESS.—
‘‘(1) FINAL RULE.—The Administrator shall issue
regulations under this section by publishing a final
rule by December 31, 2004.
‘‘(2) EFFECTIVE DATE.—The final rule shall not be effective before the date the Cape Town Treaty enters
into force with respect to the United States [Mar. 1,
2006, see Effective Date of 2004 Amendment note
above].
‘‘(3) ECONOMIC ANALYSIS.—The Administrator shall
not be required to prepare an economic analysis of
the cost and benefits of the final rule.
‘‘(d) APPLICABILITY OF TREATY.—Notwithstanding
parts 47.37(a)(3)(ii) and 47.47(a)(2) of title 14, of the Code
of Federal Regulations, Articles IX(5) and XIII of the
Cape Town Treaty shall apply to the matters described
in subsection (b) until the earlier of the effective date
of the final rule under this section or December 31,
2004.’’
CAPE TOWN TREATY; FINDINGS AND PURPOSE
Pub. L. 108–297, § 2, Aug. 9, 2004, 118 Stat. 1095, provided that:
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) The Cape Town Treaty (as defined in section
44113 of title 49, United States Code) extends modern
commercial laws for the sale, finance, and lease of
aircraft and aircraft engines to the international
arena in a manner consistent with United States law
and practice.
‘‘(2) The Cape Town Treaty provides for internationally established and recognized financing and

leasing rights that will provide greater security and
commercial predictability in connection with the financing and leasing of highly mobile assets, such as
aircraft and aircraft engines.
‘‘(3) The legal and financing framework of the Cape
Town Treaty will provide substantial economic benefits to the aviation and aerospace sectors, including
the promotion of exports, and will facilitate the acquisition of newer, safer aircraft around the world.
‘‘(4) Only technical changes to United States law
and regulations are required since the asset-based financing and leasing concepts embodied in the Cape
Town Treaty are already reflected in the United
States in the Uniform Commercial Code.
‘‘(5) The new electronic registry system established
under the Cape Town Treaty will work in tandem
with current aircraft document recordation systems
of the Federal Aviation Administration, which have
served United States industry well.
‘‘(6) The United States Government was a leader in
the development of the Cape Town Treaty.
‘‘(b) PURPOSE.—Accordingly, the purpose of this Act
[see Short Title of 2004 Amendment note set out under
section 40101 of this title] is to provide for the implementation of the Cape Town Treaty in the United
States by making certain technical amendments to the
provisions of chapter 441 of title 49, United States Code,
directing the Federal Aviation Administration to complete the necessary rulemaking processes as expeditiously as possible, and clarifying the applicability of
the Treaty during the rulemaking process.’’

§ 44102. Registration requirements
(a) ELIGIBILITY.—An aircraft may be registered
under section 44103 of this title only when the
aircraft is—
(1) not registered under the laws of a foreign
country and is owned by—
(A) a citizen of the United States;
(B) an individual citizen of a foreign country lawfully admitted for permanent residence in the United States; or
(C) a corporation not a citizen of the
United States when the corporation is organized and doing business under the laws of
the United States or a State, and the aircraft is based and primarily used in the
United States; or
(2) an aircraft of—
(A) the United States Government; or
(B) a State, the District of Columbia, a
territory or possession of the United States,
or a political subdivision of a State, territory, or possession.
(b) DUTY TO DEFINE CERTAIN TERM.—In carrying out subsection (a)(1)(C) of this section, the
Secretary of Transportation shall define ‘‘based
and primarily used in the United States’’.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1161.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44102(a)(1) ..

49 App.:1401(b) (1st
sentence cl. (1)).

44102(a)(2) ..

49 App.:1401(b) (1st
sentence cl. (2)).
49 App.:1401(b) (last
sentence).

44102(b) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 501(b), 72 Stat. 772; restated Nov. 9, 1977, Pub. L.
95–163, § 14, 91 Stat. 1283;
Mar. 8, 1978, Pub. L.
95–241, 92 Stat. 119.

In subsection (a), before clause (1), the words ‘‘may be
registered’’ are substituted for ‘‘shall be eligible for

§ 44103

TITLE 49—TRANSPORTATION

registration’’, and the words ‘‘under section 44103 of
this title’’ are added, for clarity. The words ‘‘only
when’’ are substituted for ‘‘if, but only if’’ for consistency. In subclause (C), the words ‘‘not a citizen of the
United States’’ are substituted for ‘‘(other than a corporation which is a citizen of the United States)’’ to
eliminate unnecessary words. The word ‘‘lawfully’’ is
omitted as surplus.
In subsection (b), the words ‘‘In carrying out subsection (a)(1)(C) of this section’’ are added because of
the restatement. The words ‘‘by regulation’’ are omitted as unnecessary because of 49:322(a).

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44103(a)(1) ..

49 App.:1401(c), (d).
49 App.:1655(c)(1).

44103(a)(2) ..
44103(b) ......

49 App.:1405 (2d sentence).
49 App.:1655(c)(1).
49 App.:1401(e)(2)(D),
(E).

§ 44103. Registration of aircraft
(a) GENERAL.—(1) On application of the owner
of an aircraft that meets the requirements of
section 44102 of this title, the Administrator of
the Federal Aviation Administration shall—
(A) register the aircraft; and
(B) issue a certificate of registration to its
owner.
(2) The Administrator may prescribe the extent to which an aircraft owned by the holder of
a dealer’s certificate of registration issued under
section 44104(2) of this title also is registered
under this section.
(b) CONTROLLED SUBSTANCE VIOLATIONS.—(1)
The Administrator may not issue an owner’s
certificate of registration under subsection (a)(1)
of this section to a person whose certificate is
revoked under section 44106 of this title during
the 5-year period beginning on the date of the
revocation, except—
(A) as provided in section 44106(e)(2) of this
title; or
(B) that the Administrator may issue the
certificate to the person after the one-year period beginning on the date of the revocation if
the Administrator decides that the aircraft
otherwise meets the requirements of section
44102 of this title and that denial of a certificate for the 5-year period—
(i) would be excessive considering the nature of the offense or the act committed and
the burden the denial places on the person;
or
(ii) would not be in the public interest.
(2) A decision of the Administrator under
paragraph (1)(B)(i) or (ii) of this subsection is
within the discretion of the Administrator. That
decision or failure to make a decision is not subject to administrative or judicial review.
(c) CERTIFICATES AS EVIDENCE.—A certificate
of registration issued under this section is—
(1) conclusive evidence of the nationality of
an aircraft for international purposes, but not
conclusive evidence in a proceeding under the
laws of the United States; and
(2) not evidence of ownership of an aircraft
in a proceeding in which ownership is or may
be in issue.
(d) CERTIFICATES AVAILABLE FOR INSPECTION.—
An operator of an aircraft shall make available
for inspection a certificate of registration for
the aircraft when requested by a United States
Government, State, or local law enforcement officer.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1162.)

Page 850

44103(c) ......
44103(d) ......

49 App.:1401(f).
49 App.:1401(g).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 501(c), (d), (f), 505 (2d
sentence), 72 Stat. 772, 774.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 501(e)(2)(D),
(E); added Oct. 19, 1984,
Pub. L. 98–499, § 4(a), 98
Stat. 2315.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 501(g); added
Oct. 27, 1986, Pub. L.
99–570,
§ 3401(a)(2),
100
Stat. 3207–99.

In subsection (a)(1), the words ‘‘On application’’ are
substituted for ‘‘upon request’’, and the words ‘‘meets
the requirements of section 44102 of this title’’ are substituted for ‘‘eligible for registration’’, for consistency
in this subchapter. The text of 49 App.:1401(d) is omitted as unnecessary because of 49:322(a).
In subsection (b)(1)(B), before subclause (i), the words
‘‘after the one-year period beginning on the date of the
revocation’’ are substituted for ‘‘before the end of such
five-year period (but not before the end of the one-year
period beginning on the date of such revocation)’’ for
clarity and to eliminate unnecessary words. The words
‘‘otherwise meets the requirements of section 44102 of
this title’’ are substituted for ‘‘is otherwise eligible for
registration under this section’’ because of the restatement. The words ‘‘denial of a certificate’’ are substituted for ‘‘revocation of the certificate’’ for clarity.
In subsection (c), before clause (1), the words ‘‘A certificate of registration’’ are substituted for ‘‘Registration’’ for clarity. In clause (2), the words ‘‘by a particular person’’ are omitted as surplus.
AIRCRAFT SITUATIONAL DISPLAY DATA
Pub. L. 106–181, title VII, § 729, Apr. 5, 2000, 114 Stat.
168, provided that:
‘‘(a) IN GENERAL.—A memorandum of agreement between the Administrator [of the Federal Aviation Administration] and any person that directly obtains aircraft situational display data from the Federal Aviation Administration shall require that—
‘‘(1) the person demonstrate to the satisfaction of
the Administrator that the person is capable of selectively blocking the display of any aircraft-situationdisplay-to-industry derived data related to any identified aircraft registration number; and
‘‘(2) the person agree to block selectively the aircraft registration numbers of any aircraft owner or
operator upon the Administration’s request.
‘‘(b) EXISTING MEMORANDA TO BE CONFORMED.—Not
later than 30 days after the date of the enactment of
this Act [Apr. 5, 2000], the Administrator shall conform
any memoranda of agreement, in effect on such date of
enactment, between the Federal Aviation Administration and a person under which that person obtains aircraft situational display data to incorporate the requirements of subsection (a).’’

§ 44104. Registration of aircraft components and
dealers’ certificates of registration
The Administrator of the Federal Aviation
Administration may prescribe regulations—
(1) in the interest of safety for registering
and identifying an aircraft engine, propeller,
or appliance; and
(2) in the public interest for issuing, suspending, and revoking a dealer’s certificate of
registration under this chapter and for its use

Page 851

TITLE 49—TRANSPORTATION

by a person manufacturing, distributing, or
selling aircraft.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1162.)
HISTORICAL AND REVISION NOTES
Revised
Section
44104(1) ......

Source (U.S. Code)
49 App.:1402.
49 App.:1655(c)(1).

44104(2) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 502, 505 (1st sentence), 72
Stat. 772, 774.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1405 (1st sentence).
49 App.:1655(c)(1).

In this section, before clause (1), the words ‘‘prescribe
regulations’’ are substituted for ‘‘establish reasonable
rules and regulations’’ in 49 App.:1402 and ‘‘by such reasonable regulations’’ in 49 App.:1405 (1st sentence) because of 49:322(a). In clause (1), the words ‘‘and no aircraft engine, propeller, or appliance shall be used in
violation of any such rule or regulation’’ are omitted as
surplus because of section 46301 of the revised title. In
clause (2), the words ‘‘in connection with’’ are omitted
as surplus.

§ 44105. Suspension and revocation of aircraft
certificates
The Administrator of the Federal Aviation
Administration may suspend or revoke a certificate of registration issued under section 44103 of
this title when the aircraft no longer meets the
requirements of section 44102 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1163.)
HISTORICAL AND REVISION NOTES
Revised
Section
44105 ..........

Source (U.S. Code)
49 App.:1401(e)(1).

49 App.:1655(c)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 501(e)(1), 72 Stat. 772;
Oct. 19, 1984, Pub. L.
98–499, § 4(a), 98 Stat. 2314.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

The words ‘‘when the aircraft no longer meets’’ are
substituted for ‘‘for any cause which renders the aircraft ineligible’’ for consistency.

§ 44106. Revocation of aircraft certificates for
controlled substance violations
(a) DEFINITION.—In this section, ‘‘controlled
substance’’ has the same meaning given that
term in section 102 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21
U.S.C. 802).
(b) REVOCATIONS.—(1) The Administrator of
the Federal Aviation Administration shall issue
an order revoking the certificate of registration
for an aircraft issued to an owner under section
44103 of this title and any other certificate of
registration that the owner of the aircraft holds
under section 44103, if the Administrator finds
that—
(A) the aircraft was used to carry out, or facilitate, an activity that is punishable by
death or imprisonment for more than one year
under a law of the United States or a State related to a controlled substance (except a law

§ 44106

related to simple possession of a controlled
substance); and
(B) the owner of the aircraft permitted the
use of the aircraft knowing that the aircraft
was to be used for the activity described in
clause (A) of this paragraph.
(2) An aircraft owner that is not an individual
is deemed to have permitted the use of the aircraft knowing that the aircraft was to be used
for the activity described in paragraph (1)(A) of
this subsection only if a majority of the individuals who control the owner of the aircraft or
who are involved in forming the major policy of
the owner permitted the use of the aircraft
knowing that the aircraft was to be used for the
activity described in paragraph (1)(A).
(c) ADVICE TO HOLDERS AND OPPORTUNITY TO
ANSWER.—Before the Administrator revokes a
certificate under subsection (b) of this section,
the Administrator shall—
(1) advise the holder of the certificate of the
charges or reasons on which the Administrator
bases the proposed action; and
(2) provide the holder of the certificate an
opportunity to answer the charges and state
why the certificate should not be revoked.
(d) APPEALS.—(1) A person whose certificate is
revoked by the Administrator under subsection
(b) of this section may appeal the revocation
order to the National Transportation Safety
Board. The Board shall affirm or reverse the
order after providing notice and a hearing on
the record. In conducting the hearing, the Board
is not bound by the findings of fact of the Administrator.
(2) When a person files an appeal with the
Board under this subsection, the order of the Administrator revoking the certificate is stayed.
However, if the Administrator advises the Board
that safety in air transportation or air commerce requires the immediate effectiveness of
the order—
(A) the order remains effective; and
(B) the Board shall dispose of the appeal not
later than 60 days after notification by the Administrator under this paragraph.
(3) A person substantially affected by an order
of the Board under this subsection may seek judicial review of the order under section 46110 of
this title. The Administrator shall be made a
party to that judicial proceeding.
(e) ACQUITTAL.—(1) The Administrator may
not revoke, and the Board may not affirm a revocation of, a certificate of registration under
this section on the basis of an activity described
in subsection (b)(1)(A) of this section if the holder of the certificate is acquitted of all charges
related to a controlled substance in an indictment or information arising from the activity.
(2) If the Administrator has revoked a certificate of registration of a person under this section because of an activity described in subsection (b)(1)(A) of this section, the Administrator shall reissue a certificate to the person if
the person—
(A) subsequently is acquitted of all charges
related to a controlled substance in an indictment or information arising from the activity;
and
(B) otherwise meets the requirements of section 44102 of this title.

§ 44107

TITLE 49—TRANSPORTATION

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1163.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44106(a) ......

49 App.:1401(e)(2)(C).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 501(e)(2)(A)–
(C), (F); added Oct. 19,
1984, Pub. L. 98–499, § 4(a),
98 Stat. 2314, 2315.

44106(b) ......

49 App.:1401(e)(2)(A)
(less last sentence).
49 App.:1401(e)(2)(B)
(1st sentence).
49 App.:1401(e)(2)(B)
(2d–last sentences).
49 App.:1401(e)(2)(A)
(last sentence),
(F).

44106(c) ......
44106(d) ......
44106(e) ......

In subsection (b)(2), the words ‘‘knowing that the aircraft was to be used for the activity described in paragraph (1)(A) of this subsection’’ are substituted for
‘‘with knowledge of such intended use’’ for clarity.

§ 44107. Recordation of conveyances, leases, and
security instruments
(a) ESTABLISHMENT OF SYSTEM.—The Administrator of the Federal Aviation Administration
shall establish a system for recording—
(1) conveyances that affect an interest in
civil aircraft of the United States;
(2) leases and instruments executed for security purposes, including conditional sales contracts, assignments, and amendments, that affect an interest in—
(A) a specifically identified aircraft engine
having at least 550 rated takeoff horsepower
or its equivalent;
(B) a specifically identified aircraft propeller capable of absorbing at least 750 rated
takeoff shaft horsepower;
(C) an aircraft engine, propeller, or appliance maintained for installation or use in an
aircraft, aircraft engine, or propeller, by or
for an air carrier holding a certificate issued
under section 44705 of this title; and
(D) spare parts maintained by or for an air
carrier holding a certificate issued under
section 44705 of this title; and
(3) releases, cancellations, discharges, and
satisfactions related to a conveyance, lease, or
instrument recorded under paragraph (1) or
(2).
(b) GENERAL DESCRIPTION REQUIRED.—A lease
or instrument recorded under subsection
(a)(2)(C) or (D) of this section only has to describe generally the engine, propeller, appliance,
or spare part by type and designate its location.
(c) ACKNOWLEDGMENT.—Except as the Administrator otherwise may provide, a conveyance,
lease, or instrument may be recorded under subsection (a) of this section only after it has been
acknowledged before—
(1) a notary public; or
(2) another officer authorized under the laws
of the United States, a State, the District of
Columbia, or a territory or possession of the
United States to acknowledge deeds.
(d) RECORDS AND INDEXES.—The Administrator
shall—

Page 852

(1) keep a record of the time and date that
each conveyance, lease, and instrument is
filed and recorded with the Administrator; and
(2) record each conveyance, lease, and instrument filed with the Administrator, in the
order of their receipt, and index them by—
(A) the identifying description of the aircraft, aircraft engine, or propeller, or location specified in a lease or instrument recorded under subsection (a)(2)(C) or (D) of
this section; and
(B) the names of the parties to each conveyance, lease, and instrument.
(e) INTERNATIONAL REGISTRY.—
(1) DESIGNATION OF UNITED STATES ENTRY
POINT.—As permitted under the Cape Town
Treaty, the Federal Aviation Administration
Civil Aviation Registry is designated as the
United States Entry Point to the International Registry relating to—
(A) civil aircraft of the United States;
(B) an aircraft for which a United States
identification number has been assigned but
only with regard to a notice filed under
paragraph (2); and
(C) aircraft engines.
(2) SYSTEM FOR FILING NOTICE OF PROSPECTIVE
INTERESTS.—
(A) ESTABLISHMENT.—The Administrator
shall establish a system for filing notices of
prospective assignments and prospective
international interests in, and prospective
sales of, aircraft or aircraft engines described in paragraph (1) under the Cape
Town Treaty.
(B) MAINTENANCE OF VALIDITY.—A filing of
a notice of prospective assignment, interest,
or sale under this paragraph and the registration with the International Registry relating to such assignment, interest, or sale
shall not be valid after the 60th day following the date of the filing unless documents
eligible for recording under subsection (a)
relating to such notice are filed for recordation on or before such 60th day.
(3) AUTHORIZATION FOR REGISTRATION OF AIRCRAFT.—A registration with the International
Registry relating to an aircraft described in
paragraph (1) (other than subparagraph (C)) is
valid only if (A) the person seeking the registration first files documents eligible for recording under subsection (a) and relating to
the registration with the United States Entry
Point, and (B) the United States Entry Point
authorizes the registration.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1164;
Pub. L. 108–297, § 3, Aug. 9, 2004, 118 Stat. 1096.)
HISTORICAL AND REVISION NOTES
Revised
Section
44107(a)(1) ..

Source (U.S. Code)
49 App.:1403(a)(1).
49 App.:1655(c)(1).

44107(a)
(2)(A), (B).

49 App.:1403(a)(2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 503(a)(1), (3), (b), 72 Stat.
772.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
§ 503(a)(2), 72 Stat. 772; restated July 8, 1959, Pub. L.
86–81, § 1, 73 Stat. 180.

Page 853

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

44107(c) ......

49 App.:1655(c)(1).
49 App.:1403(a)(3)
(less words between 13th
comma and semicolon).
49 App.:1655(c)(1).
49 App.:1403(b).
49 App.:1655(c)(1).
49 App.:1403(a)(3)
(words between
13th comma and
semicolon).
49 App.:1403(e).

44107(d) ......

49 App.:1655(c)(1).
49 App.:1403(f).

44107(a)
(2)(C), (D).

44107(a)(3) ..
44107(b) ......

§ 44108

TITLE 49—TRANSPORTATION

Source (Statutes at Large)

Aug. 23, 1958, Pub. L. 85–726,
§ 503(e), 72 Stat. 773; restated June 30, 1964, Pub.
L. 88–346, § 2, 78 Stat. 236.
Aug. 23, 1958, Pub. L. 85–726,
§ 503(f), 72 Stat. 773; July 8,
1959, Pub. L. 86–81, § 4, 73
Stat. 181.

49 App.:1655(c)(1).

In subsection (a)(1) and (2), the words ‘‘title to’’ are
omitted as being included in ‘‘interest in’’.
In subsection (a)(2), before subclause (A), the word
‘‘instruments’’ is substituted for ‘‘any mortgage, equipment trust . . . or other instrument’’ because it is inclusive. The word ‘‘supplement’’ is omitted as being included in ‘‘amendments’’.
In subsection (a)(3), the words ‘‘The Secretary of
Transportation shall also record under the system’’ are
omitted as unnecessary because of the restatement.
In subsections (a)(3) and (c), the words ‘‘lease, or instrument’’ are substituted for ‘‘other instrument’’ for
clarity and consistency in this subchapter.
In subsections (b) and (d), the words ‘‘or locations’’
are omitted because of 1:1.
In subsection (b), the words ‘‘recorded under subsection (a)(2)(C) or (D) of this section’’ are added for
clarity. The words ‘‘lease or instrument’’ are substituted for ‘‘instrument’’ for clarity and consistency
in this subchapter.
In subsection (c), before clause (1), the words ‘‘by regulation’’ are omitted because of 49:322(a). In clause (2),
the words ‘‘possession of the United States’’ are substituted for ‘‘possession thereof’’ for clarity.
In subsection (d), the words ‘‘lease, and instrument’’
are substituted for ‘‘other instruments’’ for clarity and
consistency in this subchapter. In clause (1), the words
‘‘of the time and date of’’ before ‘‘recordation’’ are
omitted as unnecessary because of the restatement. In
clause (2), before subclause (A), the words ‘‘in files to be
kept for that purpose’’ are omitted as unnecessary. In
subclause (A), the words ‘‘location specified in a lease
or instrument recorded under subsection (a)(2)(C) or (D)
of this section’’ are substituted for ‘‘in the case of an
instrument referred to in subsection (a)(3) of this section, the location or locations specified therein’’ for
clarity and consistency in this subchapter.
AMENDMENTS
2004—Subsec. (a)(2)(A). Pub. L. 108–297, § 3(a)(1), substituted ‘‘550’’ for ‘‘750’’.
Subsec. (a)(3). Pub. L. 108–297, § 3(a)(2), substituted
‘‘paragraph (1) or (2)’’ for ‘‘clause (1) or (2) of this subsection’’.
Subsec. (e). Pub. L. 108–297, § 3(b), added subsec. (e).

purposes that may be recorded under section
44107(a)(1) or (2) of this title is filed for recording, the conveyance, lease, or instrument is
valid only against—
(1) the person making the conveyance, lease,
or instrument;
(2) that person’s heirs and devisees; and
(3) a person having actual notice of the conveyance, lease, or instrument.
(b) PERIOD OF VALIDITY.—When a conveyance,
lease, or instrument is recorded under section
44107 of this title, the conveyance, lease, or instrument is valid from the date of filing against
all persons, without other recordation, except
that—
(1) a lease or instrument recorded under section 44107(a)(2)(A) or (B) of this title is valid
for a specifically identified engine or propeller
without regard to a lease or instrument previously or subsequently recorded under section 44107(a)(2)(C) or (D); and
(2) a lease or instrument recorded under section 44107(a)(2)(C) or (D) of this title is valid
only for items at the location designated in
the lease or instrument.
(c) APPLICABLE LAWS.—(1) The validity of a
conveyance, lease, or instrument that may be
recorded under section 44107 of this title is subject to the laws of the State, the District of Columbia, or the territory or possession of the
United States at which the conveyance, lease, or
instrument is delivered, regardless of the place
at which the subject of the conveyance, lease, or
instrument is located or delivered. If the conveyance, lease, or instrument specifies the place
at which delivery is intended, it is presumed
that the conveyance, lease, or instrument was
delivered at the specified place.
(2) This subsection does not take precedence
over the Convention on the International Recognition of Rights in Aircraft (4 U.S.T. 1830) or
the Cape Town Treaty, as applicable.
(d) NONAPPLICATION.—This section does not
apply to—
(1) a conveyance described in section
44107(a)(1) of this title that was made before
August 22, 1938; or
(2) a lease or instrument described in section
44107(a)(2) of this title that was made before
June 20, 1948.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1165;
Pub. L. 108–297, § 5, Aug. 9, 2004, 118 Stat. 1097.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44108(a) ......

Aug. 23, 1958, Pub. L. 85–726,
§ 503(c), 72 Stat. 773.

44108(b) ......

49 App.:1403(c) (less
words after semicolon).
49 App.:1403(d).

44108(c)(1) ..

49 App.:1406.

44108(c)(2) ..

49 App.:1406 (note).

§ 44108. Validity of conveyances, leases, and security instruments

44108(d) ......

49 App.:1403(c)
(words after semicolon).

(a) VALIDITY BEFORE FILING.—Until a conveyance, lease, or instrument executed for security

In subsection (a), before clause (1), the words ‘‘conveyance, lease, or instrument executed for security

EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–297 effective Mar. 1, 2006,
and not applicable to any registration or recordation
that was made before such date under this chapter or
any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note
under section 44101 of this title.

Aug. 23, 1958, Pub. L. 85–726,
§ 503(d), 72 Stat. 773; July
8, 1959, Pub. L. 86–81, § 3, 73
Stat. 181.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 506; added
June 30, 1964, Pub. L.
88–346, § 1(a), 78 Stat. 236.
June 30, 1964, Pub. L. 88–346,
§ 1(c), 78 Stat. 236.

§ 44109

TITLE 49—TRANSPORTATION

purposes’’ are substituted for ‘‘conveyance or instrument’’ for clarity and consistency in this subchapter.
The words ‘‘in respect of such aircraft, aircraft engine
or engines, propellers, appliances, or spare parts’’ are
omitted as surplus. The text of 49 App.:1403(c) (proviso
words before semicolon) is omitted because of section
7(d) of this bill. In clause (1), the words ‘‘person making
the conveyance, lease, or instrument’’ are substituted
for ‘‘the person by whom the conveyance or other instrument is made or given’’ to eliminate unnecessary
words and for consistency in this subchapter.
In subsection (b), before clause (1), the words ‘‘When
a conveyance, lease, or instrument is recorded under
section 44107 of this title . . . from the date of filing’’
are substituted for ‘‘Each conveyance or other instrument recorded by means of or under the system provided for in subsection (a) or (b) of the section shall
from the time of its filing for recordation’’ for clarity
and consistency in this subchapter and to eliminate unnecessary words. In clause (1), the words ‘‘is valid’’ are
substituted for ‘‘Provided, That . . . shall not be affected’’ for consistency in this subchapter. The words
‘‘or engines . . . or propellers’’ are omitted because of
1:1. In clause (2), the words ‘‘is valid’’ are substituted
for ‘‘shall be effective’’ for consistency in this subchapter. The words ‘‘for items at the location designated in the lease or instrument’’ are substituted for
‘‘which may from time to time be situated at the designated location or locations and only while so situated’’ for clarity and to eliminate unnecessary words.
In subsection (c)(1), the words ‘‘conveyance, lease,
or’’ are added for consistency in this subchapter. The
words ‘‘the conveyance, lease, or instrument’’ are substituted for ‘‘therein’’, and the words ‘‘it is presumed’’
are substituted for ‘‘it shall constitute presumptive
evidence’’, for clarity.
In subsection (d)(2), the words ‘‘lease or instrument’’
are substituted for ‘‘instrument’’ for clarity and consistency in this subchapter.

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
44109(b) ......

Source (U.S. Code)
49 App.:1509 (note).

§ 44110. Information about aircraft ownership
and rights
The Administrator of the Federal Aviation
Administration may provide by regulation for—
(1) endorsing information on each certificate
of registration issued under section 44103 of
this title and each certificate issued under section 44704 of this title about ownership of the
aircraft for which each certificate is issued;
and
(2) recording transactions affecting an interest in, and for other records, proceedings, and
details necessary to decide the rights of a
party related to, a civil aircraft of the United
States, aircraft engine, propeller, appliance, or
spare part.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1166.)
HISTORICAL AND REVISION NOTES
Revised
Section

2004—Subsec. (c)(2). Pub. L. 108–297 inserted ‘‘or the
Cape Town Treaty, as applicable’’ before period at end.

44110 ..........

Source (U.S. Code)
49 App.:1403(g).
49 App.:1655(c)(1).

EFFECTIVE DATE OF 2004 AMENDMENT

§ 44109. Reporting transfer of ownership
(a) FILING NOTICES.—A person having an ownership interest in an aircraft for which a certificate of registration was issued under section
44103 of this title shall file a notice with the Secretary of the Treasury that the Secretary requires by regulation, not later than 15 days after
a sale, conditional sale, transfer, or conveyance
of the interest.
(b) EXEMPTIONS.—The Secretary—
(1) shall prescribe regulations that establish
guidelines for exempting a person or class
from subsection (a) of this section; and
(2) may exempt a person or class under the
regulations.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1166.)
HISTORICAL AND REVISION NOTES
Revised
Section
44109(a) ......

Source (U.S. Code)
49 App.:1509(f).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1109(f); added
Oct. 27, 1986, Pub. L.
99–570,
§ 3401(d)(1),
100
Stat. 3207–101.

Source (Statutes at Large)
Oct. 27, 1986, Pub. L. 99–570,
§ 3401(d)(2),
100
Stat.
3207–102.

In subsection (a), the text of 49 App.:1509(f) (last sentence) is omitted as unnecessary.
In subsection (b)(1), the words ‘‘Within 30 days after
the date of enactment of subsection (f) of section 1109
of the Federal Aviation Act of 1958 as added by this
subsection’’ are omitted as obsolete.

AMENDMENTS

Amendment by Pub. L. 108–297 effective Mar. 1, 2006,
and not applicable to any registration or recordation
that was made before such date under this chapter or
any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note
under section 44101 of this title.

Page 854

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 503(g), 72 Stat. 774.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

In clause (1), the words ‘‘each certificate of registration issued under section 44103 of this title and each
certificate issued under section 44704 of this title’’ are
substituted for ‘‘certificates of registration, or aircraft
certificates’’ for clarity and because of the restatement.
In clause (2), the words ‘‘recording transactions’’ are
substituted for ‘‘recording of discharges and satisfactions of recorded instruments, and other transactions’’
to eliminate unnecessary words. The words ‘‘title to’’
are omitted as being included in ‘‘interest in’’. The
words ‘‘to decide’’ are substituted for ‘‘to facilitate the
determination’’ to eliminate unnecessary words. The
words ‘‘related to’’ are substituted for ‘‘dealing with’’
for clarity. The word ‘‘spare’’ is added for consistency
in this section.

§ 44111. Modifications in registration and recordation system for aircraft not providing air
transportation
(a) APPLICATION.—This section applies only to
aircraft not used to provide air transportation.
(b) AUTHORITY TO MAKE MODIFICATIONS.—The
Administrator of the Federal Aviation Administration shall make modifications in the system
for registering and recording aircraft necessary
to make the system more effective in serving
the needs of—
(1) buyers and sellers of aircraft;
(2) officials responsible for enforcing laws related to the regulation of controlled sub-

Page 855

§ 44111

TITLE 49—TRANSPORTATION

stances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 802)); and
(3) other users of the system.
(c) NATURE OF MODIFICATIONS.—Modifications
made under subsection (b) of this section—
(1) may include a system of titling aircraft
or registering all aircraft, even aircraft not
operated;
(2) shall ensure positive, verifiable, and
timely identification of the true owner; and
(3) shall address at least each of the following deficiencies in and abuses of the existing
system:
(A) the registration of aircraft to fictitious
persons.
(B) the use of false or nonexistent addresses by persons registering aircraft.
(C) the use by a person registering an aircraft of a post office box or ‘‘mail drop’’ as
a return address to evade identification of
the person’s address.
(D) the registration of aircraft to entities
established to facilitate unlawful activities.
(E) the submission of names of individuals
on applications for registration of aircraft
that are not identifiable.
(F) the ability to make frequent legal
changes in the registration markings assigned to aircraft.
(G) the use of false registration markings
on aircraft.
(H) the illegal use of ‘‘reserved’’ registration markings on aircraft.
(I) the large number of aircraft classified
as being in ‘‘self-reported status’’.
(J) the lack of a system to ensure timely
and adequate notice of the transfer of ownership of aircraft.
(K) the practice of allowing temporary operation and navigation of aircraft without
the issuance of a certificate of registration.
(d) REGULATIONS.—(1) The Administrator of
the Federal Aviation Administration shall prescribe regulations to carry out this section and
provide a written explanation of how the regulations address each of the deficiencies and abuses
described in subsection (c) of this section. In
prescribing the regulations, the Administrator
of the Federal Aviation Administration shall
consult with the Administrator of Drug Enforcement, the Commissioner of Customs, other law
enforcement officials of the United States Government, representatives of State and local law
enforcement officials, representatives of the
general aviation aircraft industry, representatives of users of general aviation aircraft, and
other interested persons.
(2) Regulations prescribed under this subsection shall require that—
(A) each individual listed in an application
for registration of an aircraft provide with the
application the individual’s driver’s license
number; and
(B) each person (not an individual) listed in
an application for registration of an aircraft
provide with the application the person’s taxpayer identifying number.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1166.)

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44111(a) ......

49 App.:1303 (note).

44111(b) ......

49 App.:1401(h) (1st
sentence).

44111(c) ......

49 App.:1401(h) (last
sentence).
49 App.:1401 (note).

44111(d) ......

Source (Statutes at Large)
Nov. 11, 1988, Pub. L. 100–690,
§ 7214, 102 Stat. 4434.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 501(h); added
Nov. 11, 1988, Pub. L.
100–690, § 7203(a), 102 Stat.
4424.
Nov. 18, 1988, Pub. L. 100–690,
§ 7207(a), (b), 102 Stat. 4427.

In subsection (c)(3)(D), the words ‘‘corporations and
others’’ are omitted as surplus.
In subsection (d)(1), the words ‘‘Not later than September 18, 1989’’ and ‘‘final’’ are omitted as obsolete.
The words ‘‘Administrator of Drug Enforcement’’ are
substituted for ‘‘Drug Enforcement Administration of
the Department of Justice’’ because of section 5(a) of
Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87
Stat. 1092).
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.
DRUG ENFORCEMENT STATUS AND PROGRESS; REPORTS
TO CONGRESS; DEFINITIONS
Pub. L. 100–690, title VII, § 7207(d), (e), Nov. 18, 1988,
102 Stat. 4428, provided that:
‘‘(d) REPORT.—Not later than 180 days after the date
of the enactment of this subtitle [Nov. 18, 1988] and annually thereafter during the 5-year period beginning on
such 180th day, the Administrator shall prepare and
transmit to Congress a report on the following:
‘‘(1) The status of the rulemaking process, issuance
of regulations, and implementation of regulations in
accordance with this section [see subsec. (d) of this
section].
‘‘(2) The progress being made in reducing the number of aircraft classified by the Federal Aviation Administration as being in ‘sale-reported status’.
‘‘(3) The progress being made in expediting the filing and processing of forms for major repairs and alterations of fuel tanks and fuel systems of aircraft.
‘‘(4) The status of establishing and collecting fees
under section 313(f) of the Federal Aviation Act [see
section 45302(b) of this title].
‘‘(e) DEFINITIONS.—For purposes of this subtitle [subtitle E (§§ 7201–7214) of title VII of Pub. L. 100–690, see
Tables for classification]—
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the Federal Aviation Administration.
‘‘(2) AIRCRAFT.—The term ‘aircraft’ has the meaning such term has under section 101 of the Federal
Aviation Act of 1958 [see section 40102 of this title].’’
INFORMATION COORDINATION
Pub. L. 100–690, title VII, § 7210, Nov. 18, 1988, 102 Stat.
4432, provided that: ‘‘Not later than 180 days after the
date of the enactment of this subtitle [Nov. 18, 1988]
and annually thereafter during the 3-year period beginning on such 180th day, the Administrator shall prepare
and transmit to Congress a report on the following:
‘‘(1) The progress made in establishing a process for
provision of informational assistance by such Administration to officials of Federal, State, and local law
enforcement agencies.
‘‘(2) The progress made in establishing a process for
effectively pursuing suspensions and revocations of

§ 44112

TITLE 49—TRANSPORTATION

certificates of registration and airman certificates in
accordance with the amendments made to the Federal Aviation Act of 1958 by the Aviation Drug-Trafficking Control Act [Pub. L. 98–499, see Tables for
classification], section 3401 of the Anti-Drug Abuse
Act of 1986 [Pub. L. 99–570], and this subtitle [subtitle
E (§§ 7201–7214) of title VII of Pub. L. 100–690].
‘‘(3) The efforts of such Administration in assessing
and defining the appropriate relationship of such Administration’s informational assistance resources (including the El Paso Intelligence Center and the Law
Enforcement Assistance Unit of the Aeronautical
Center of such Administration).
‘‘(4) The progress made in issuing guidelines on (A)
the reporting of aviation sensitive drug-related information, and (B) the development, in coordination
with the Drug Enforcement Administration of the
Department of Justice and the United States Customs Service, of training and educational policies to
assist employees of such Administration to better understand (i) the trafficking of controlled substances
(as defined in section 102 of the Controlled Substances
Act [21 U.S.C. 802]), and (ii) the role of such Administration with respect to such trafficking.
‘‘(5) The progress made in improving and expanding
such Administration’s role in the El Paso Intelligence Center.’’
APPLICABILITY OF PAPERWORK REDUCTION ACT
Pub. L. 100–690, title VII, § 7211(b), Nov. 18, 1988, 102
Stat. 4433, provided that: ‘‘No information collection
requests necessary to carry out the objectives of this
subtitle [subtitle E (§§ 7201–7214) of title VI of Pub. L.
100–690, see Tables for classification] (including the
amendments made by this subtitle) shall be subject to
or affect, directly or indirectly, the annual information
collection budget goals established for the Federal
Aviation Administration and the Department of Transportation under chapter 35 of title 44, United States
Code.’’

§ 44112. Limitation of liability
(a) DEFINITIONS.—In this section—
(1) ‘‘lessor’’ means a person leasing for at
least 30 days a civil aircraft, aircraft engine,
or propeller.
(2) ‘‘owner’’ means a person that owns a civil
aircraft, aircraft engine, or propeller.
(3) ‘‘secured party’’ means a person having a
security interest in, or security title to, a civil
aircraft, aircraft engine, or propeller under a
conditional sales contract, equipment trust
contract, chattel or corporate mortgage, or
similar instrument.
(b) LIABILITY.—A lessor, owner, or secured
party is liable for personal injury, death, or
property loss or damage on land or water only
when a civil aircraft, aircraft engine, or propeller is in the actual possession or control of the
lessor, owner, or secured party, and the personal
injury, death, or property loss or damage occurs
because of—
(1) the aircraft, engine, or propeller; or
(2) the flight of, or an object falling from,
the aircraft, engine, or propeller.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1167.)
HISTORICAL AND REVISION NOTES
Revised
Section
44112 ..........

Source (U.S. Code)
49 App.:1404.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 504, 72 Stat. 774; restated
July 8, 1959, Pub. L. 86–81,
§ 2, 73 Stat. 180.

Page 856

In subsection (a), clauses (1) and (3) are derived from
49 App.:1404 (2d–57th words). Clause (2) is added for clarity. In clause (1), the words ‘‘bona fide’’ are omitted as
surplus. In clause (3), the word ‘‘nature’’ is omitted as
surplus.
In subsection (b), before clause (1), the words ‘‘personal injury, death’’ are substituted for ‘‘any injury to
or death of persons’’, and the words ‘‘on land or water’’
are substituted for ‘‘on the surface of the earth (whether on land or water)’’, to eliminate unnecessary words.
In clause (2), the words ‘‘ascent, descent, or’’ and
‘‘dropping or’’ are omitted as surplus.

§ 44113. Definitions
In this chapter, the following definitions
apply:
(1) CAPE TOWN TREATY.—The term ‘‘Cape
Town Treaty’’ means the Convention on International Interests in Mobile Equipment, as
modified by the Protocol to the Convention on
International Interests in Mobile Equipment
on Matters Specific to Aircraft Equipment,
signed at Rome on May 9, 2003.
(2) UNITED STATES ENTRY POINT.—The term
‘‘United States Entry Point’’ means the Federal Aviation Administration Civil Aviation
Registry.
(3) INTERNATIONAL REGISTRY.—The term
‘‘International Registry’’ means the registry
established under the Cape Town Treaty.
(Added Pub. L. 108–297, § 6(a), Aug. 9, 2004, 118
Stat. 1097.)
EFFECTIVE DATE
Section effective Mar. 1, 2006, and not applicable to
any registration or recordation that was made before
such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of
Pub. L. 108–297, set out as an Effective Date of 2004
Amendment note under section 44101 of this title.

CHAPTER 443—INSURANCE
Sec.

44301.
44302.
44303.
44304.
44305.
44306.
44307.
44308.
44309.
44310.

Definitions.
General authority.
Coverage.
Reinsurance.
Insuring United States Government property.
Premiums and limitations on coverage and
claims.
Revolving fund.
Administrative.
Civil actions.
Ending effective date.

§ 44301. Definitions
In this chapter—
(1) ‘‘aircraft manufacturer’’ means any company or other business entity, the majority
ownership and control of which is by United
States citizens, that manufactures aircraft or
aircraft engines.
(2) ‘‘American aircraft’’ means—
(A) a civil aircraft of the United States;
and
(B) an aircraft owned or chartered by, or
made available to—
(i) the United States Government; or
(ii) a State, the District of Columbia, a
territory or possession of the United
States, or a political subdivision of the
State, territory, or possession.
(3) ‘‘insurance carrier’’ means a person authorized to do aviation insurance business in a

Page 857

TITLE 49—TRANSPORTATION

State, including a mutual or stock insurance
company and a reciprocal insurance association.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1168;
Pub. L. 108–176, title I, § 106(a)(2), Dec. 12, 2003,
117 Stat. 2498.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44301 ..........

49 App.:1531.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1301, 72 Stat. 800; restated Nov. 9, 1977, Pub. L.
95–163, § 1(a), 91 Stat. 1278.

In this section, the text of 49 App.:1531(3) is omitted
as surplus because the complete name of the Secretary
of Transportation is used the first time the term appears in a section.
In clause (1)(B)(i), the words ‘‘United States Government’’ are substituted for ‘‘United States or any department or agency thereof’’ for consistency in the revised title and with other titles of the United States
Code.
In clause (1)(B)(ii), the words ‘‘the government of’’
are omitted for consistency in the revised title.
In clause (2), the words ‘‘insurance company’’ are
omitted as being included in ‘‘insurance carrier’’. The
words ‘‘means a person’’ are added because they are inclusive. The words ‘‘group or association’’ are omitted
as being included in ‘‘person’’. The word ‘‘State’’ is substituted for ‘‘State of the United States’’ to eliminate
unnecessary words.
AMENDMENTS
2003—Pub. L. 108–176 added par. (1) and redesignated
former pars. (1) and (2) as (2) and (3), respectively.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

§ 44302. General authority
(a) INSURANCE AND REINSURANCE.—(1) Subject
to subsection (c) of this section and section
44305(a) of this title, the Secretary of Transportation may provide insurance and reinsurance
against loss or damage arising out of any risk
from the operation of an American aircraft or
foreign-flag aircraft.
(2) An aircraft may be insured or reinsured for
not more than its reasonable value as determined by the Secretary in accordance with reasonable business practices in the commercial
aviation insurance industry. Insurance or reinsurance may be provided only when the Secretary decides that the insurance cannot be obtained on reasonable terms from an insurance
carrier.
(b) REIMBURSEMENT OF INSURANCE COST INCREASES.—
(1) IN GENERAL.—The Secretary may reimburse an air carrier for the increase in the cost
of insurance, with respect to a premium for
coverage ending before October 1, 2002, against
loss or damage arising out of any risk from
the operation of an American aircraft over the
insurance premium that was in effect for a
comparable operation during the period beginning September 4, 2001, and ending September
10, 2001, as the Secretary may determine. Such
reimbursement is subject to subsections (a)(2),
(c), and (d) of this section and to section 44303.

§ 44302

(2) PAYMENT FROM REVOLVING FUND.—A reimbursement under this subsection shall be paid
from the revolving fund established by section
44307.
(3) FURTHER CONDITIONS.—The Secretary
may impose such further conditions on insurance for which the increase in premium is subject to reimbursement under this subsection
as the Secretary may deem appropriate in the
interest of air commerce.
(4) TERMINATION OF AUTHORITY.—The authority to reimburse air carriers under this subsection shall expire 180 days after the date of
enactment of this paragraph.
(c) PRESIDENTIAL APPROVAL.—The Secretary
may provide insurance or reinsurance under subsection (a) of this section, or reimburse an air
carrier under subsection (b) of this section, only
with the approval of the President. The President may approve the insurance or reinsurance
or the reimbursement only after deciding that
the continued operation of the American aircraft or foreign-flag aircraft to be insured or reinsured is necessary in the interest of air commerce or national security or to carry out the
foreign policy of the United States Government.
(d) CONSULTATION.—The President may require
the Secretary to consult with interested departments, agencies, and instrumentalities of the
Government before providing insurance or reinsurance or reimbursing an air carrier under this
chapter.
(e) ADDITIONAL INSURANCE.—With the approval
of the Secretary, a person having an insurable
interest in an aircraft may insure with other underwriters in an amount that is more than the
amount insured with the Secretary. However,
the Secretary may not benefit from the additional insurance. This subsection does not prevent the Secretary from making contracts of coinsurance.
(f) EXTENSION OF POLICIES.—
(1) IN GENERAL.—The Secretary shall extend
through March 31, 2010, and may extend
through June 30, 2010, the termination date of
any insurance policy that the Department of
Transportation issued to an air carrier under
subsection (a) and that is in effect on the date
of enactment of this subsection on no less favorable terms to the air carrier than existed
on June 19, 2002; except that the Secretary
shall amend the insurance policy, subject to
such terms and conditions as the Secretary
may prescribe, to add coverage for losses or injuries to aircraft hulls, passengers, and crew
at the limits carried by air carriers for such
losses and injuries as of such date of enactment and at an additional premium comparable to the premium charged for thirdparty casualty coverage under such policy.
(2) SPECIAL RULES.—Notwithstanding paragraph (1)—
(A) in no event shall the total premium
paid by the air carrier for the policy, as
amended, be more than twice the premium
that the air carrier was paying to the Department of Transportation for its third
party policy as of June 19, 2002; and
(B) the coverage in such policy shall begin
with the first dollar of any covered loss that
is incurred.

§ 44302

TITLE 49—TRANSPORTATION

(g) AIRCRAFT MANUFACTURERS.—
(1) IN GENERAL.—The Secretary may provide
to an aircraft manufacturer insurance for loss
or damage resulting from operation of an aircraft by an air carrier and involving war or
terrorism.
(2) AMOUNT.—Insurance provided by the Secretary under this subsection shall be for loss
or damage in excess of the greater of the
amount of available primary insurance or
$50,000,000.
(3) TERMS AND CONDITIONS.—Insurance provided by the Secretary under this subsection
shall be subject to the terms and conditions
set forth in this chapter and such other terms
and conditions as the Secretary may prescribe.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1168;
Pub. L. 105–137, § 2(a), Dec. 2, 1997, 111 Stat. 2640;
Pub. L. 107–42, title II, § 201(a), Sept. 22, 2001, 115
Stat. 234; Pub. L. 107–296, title XII, § 1202, Nov.
25, 2002, 116 Stat. 2286; Pub. L. 108–11, title IV,
§ 4001(a), Apr. 16, 2003, 117 Stat. 606; Pub. L.
108–176, title I, § 106(a)(1), Dec. 12, 2003, 117 Stat.
2498; Pub. L. 108–447, div. H, title I, § 106(a), Dec.
8, 2004, 118 Stat. 3204; Pub. L. 109–115, div. A, title
I, § 108(a), Nov. 30, 2005, 119 Stat. 2402; Pub. L.
110–161, div. K, title I, § 114(a), Dec. 26, 2007, 121
Stat. 2381; Pub. L. 110–253, § 3(c)(6), June 30, 2008,
122 Stat. 2418; Pub. L. 110–330, § 5(c), Sept. 30,
2008, 122 Stat. 3718; Pub. L. 111–12, § 5(b), Mar. 30,
2009, 123 Stat. 1458; Pub. L. 111–69, § 5(c), Oct. 1,
2009, 123 Stat. 2055; Pub. L. 111–116, § 5(b), Dec. 16,
2009, 123 Stat. 3032; Pub. L. 111–117, div. A, title
I, § 114(a), Dec. 16, 2009, 123 Stat. 3042.)
HISTORICAL AND REVISION NOTES
Revised
Section
44302(a) ......

Source (U.S. Code)
49 App.:1532(a)(1)
(less words between 1st and 3d
commas), (3).

49 App.:1537(a) (last
sentence words
between 2d and 3d
commas).
44302(b) ......

44302(c) ......
44302(d) ......

49 App.:1532(a)(1)
(words between
1st and 2d commas), (2).
49 App.:1532(a)(1)
(words between 2d
and 3d commas).
49 App.:1541.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1302(a), 72 Stat. 801; restated Nov. 9, 1977, Pub. L.
95–163, § 2, 91 Stat. 1278;
Oct. 31, 1992, Pub. L.
102–581, § 401(b), 106 Stat.
4897.
Aug. 23, 1958, Pub. L. 85–726,
§ 1307(a)
(last
sentence
words between 2d and 3d
commas), 72 Stat. 804; Oct.
4, 1984, Pub. L. 98–443,
§ 9(b), 98 Stat. 1706.

Aug. 23, 1958, Pub. L. 85–726,
§ 1311, 72 Stat. 806.

In subsection (a)(1), before clause (A), the words
‘‘Subject to subsection (b) of this section’’ are added,
and the words ‘‘American aircraft or foreign-flag aircraft’’ are substituted for ‘‘aircraft’’ in 49 App.:1532(a),
for clarity. The words ‘‘in the manner and to the extent
provided by this subchapter’’ are omitted as unnecessary. The words ‘‘Insurance shall be issued under this
subchapter only to cover any risk from the operation of
an aircraft . . . such aircraft is’’ are omitted because of
the restatement. In clause (B), the word ‘‘places’’ is
substituted for ‘‘points’’ for consistency in the revised
title.
In subsection (a)(2), the words ‘‘An aircraft may be
insured or reinsured for not more than’’ are substituted
for ‘‘and such stated amount shall not exceed’’ in 49
App.:1537(a) for clarity and because of the restatement.
The words ‘‘its reasonable value’’ are substituted for

Page 858

‘‘an amount . . . to represent the fair and reasonable
value of the aircraft’’ to eliminate unnecessary words.
The words ‘‘Insurance or reinsurance may be provided
only’’ are added because of the restatement. The word
‘‘conditions’’ is omitted as being included in ‘‘terms’’.
In subsection (b), the words ‘‘The Secretary may provide insurance or reinsurance under subsection (a) of
this section only with the approval of the President’’
are substituted for ‘‘with the approval of the President’’ for clarity and because of the restatement. The
words ‘‘The President may’’ are substituted for ‘‘The
President shall’’ because the authority of the President
is discretionary.
In subsection (c), the words ‘‘the Secretary to consult
. . . before providing insurance or reinsurance under
this chapter’’ are substituted for ‘‘and after such consultation . . . as’’ because of the restatement. The
words ‘‘departments, agencies, and instrumentalities’’
are substituted for ‘‘agencies’’ for consistency in the
revised title and with other titles of the United States
Code.
In subsection (d), the words ‘‘However, the Secretary
may not benefit from the additional insurance’’ are
substituted for ‘‘in that event, the Secretary shall not
be entitled to the benefit of such insurance’’ for clarity.
REFERENCES IN TEXT
The date of enactment of this paragraph,
in subsec. (b)(4), is the date of enactment
107–42, which was approved Sept. 22, 2001.
The date of enactment of this subsection,
in subsec. (f)(1), is the date of enactment
107–296, which was approved Nov. 25, 2002.

referred to
of Pub. L.
referred to
of Pub. L.

AMENDMENTS
2009—Subsec. (f)(1). Pub. L. 111–117, which directed
the substitution of ‘‘September 30, 2010,’’ for ‘‘September 30, 2009,’’ and ‘‘December 31, 2010,’’ for ‘‘December
31, 2009,’’, could not be executed because of the intervening amendment by Pub. L. 111–69. See below.
Pub. L. 111–116 substituted ‘‘March 31, 2010,’’ for ‘‘December 31, 2009,’’ and ‘‘June 30, 2010,’’ for ‘‘March 31,
2010,’’.
Pub. L. 111–69 substituted ‘‘December 31, 2009,’’ for
‘‘September 30, 2009,’’ and ‘‘March 31, 2010,’’ for ‘‘December 31, 2009,’’.
Pub. L. 111–12 substituted ‘‘September 30, 2009,’’ for
‘‘March 31, 2009,’’ and ‘‘December 31, 2009,’’ for ‘‘May 31,
2009,’’.
2008—Subsec. (f)(1). Pub. L. 110–330 substituted
‘‘March 31, 2009,’’ for ‘‘November 30, 2008,’’ and ‘‘May 31,
2009,’’ for ‘‘December 31, 2008,’’.
Pub. L. 110–253 substituted ‘‘November 30, 2008’’ for
‘‘August 31, 2008’’.
2007—Subsec. (f)(1). Pub. L. 110–161 substituted ‘‘2008’’
for ‘‘2006’’ in two places.
2005—Subsec. (f)(1). Pub. L. 109–115 substituted ‘‘2006’’
for ‘‘2005’’ in two places.
2004—Subsec. (f)(1). Pub. L. 108–447 substituted ‘‘2005’’
for ‘‘2004’’ in two places.
2003—Subsec. (f)(1). Pub. L. 108–11, substituted ‘‘2004’’
for ‘‘2003’’ in two places.
Subsec. (g). Pub. L. 108–176 added subsec. (g).
2002—Subsec. (f). Pub. L. 107–296 added subsec. (f).
2001—Subsec. (a)(1). Pub. L. 107–42, § 201(a)(1), substituted ‘‘subsection (c)’’ for ‘‘subsection (b)’’ and ‘‘foreign-flag aircraft.’’ for ‘‘foreign-flag aircraft—’’ and
struck out subpars. (A) and (B) which read as follows:
‘‘(A) in foreign air commerce; or
‘‘(B) between at least 2 places, all of which are outside the United States.’’
Subsec. (b). Pub. L. 107–42, § 201(a)(3), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107–42, § 201(a)(2), (4), redesignated
subsec. (b) as (c), in first sentence inserted ‘‘, or reimburse an air carrier under subsection (b) of this section,’’ before ‘‘only with the approval’’, and in second
sentence inserted ‘‘or the reimbursement’’ before ‘‘only
after deciding’’ and ‘‘in the interest of air commerce or

Page 859

TITLE 49—TRANSPORTATION

national security or’’ before ‘‘to carry out the foreign
policy’’. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107–42, § 201(a)(2), (5), redesignated
subsec. (c) as (d) and inserted ‘‘or reimbursing an air
carrier’’ before ‘‘under this chapter’’. Former subsec.
(d) redesignated (e).
Subsec. (e). Pub. L. 107–42, § 201(a)(2), redesignated
subsec. (d) as (e).
1997—Subsec. (a)(2). Pub. L. 105–137 substituted ‘‘as
determined by the Secretary in accordance with reasonable business practices in the commercial aviation
insurance industry.’’ for ‘‘as determined by the Secretary.’’
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–116 effective Jan. 1, 2010,
see section 5(j) of Pub. L. 111–116, set out as a note
under section 40117 of this title.
Amendment by Pub. L. 111–12 effective Apr. 1, 2009,
see section 5(j) of Pub. L. 111–12, set out as a note under
section 40117 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–330 effective Oct. 1, 2008,
see section 5(l) of Pub. L. 110–330, set out as a note
under section 40117 of this title.
Amendment by Pub. L. 110–253 effective July 1, 2008,
see section 3(d) of Pub. L. 110–253, set out as a note
under section 9502 of Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EXTENSION OF TERMINATION DATE OF POLICIES
Pub. L. 109–289, div. B, title II, § 21002(a), as added by
Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 47, provided
that subsec. (f)(1) of this section would be applied by
substituting ‘‘September 30, 2007’’ for ‘‘August 31, 2006,
and may extend through December 31, 2006’’.
PROVISION OF AVIATION INSURANCE COVERAGE FOR
COMMERCIAL AIR CARRIER SERVICE
Determination of President of the United States, No.
94–39, July 26, 1994, 59 F.R. 38551, provided:
By virtue of the authority vested in me by the Constitution and laws of the United States, including 3
U.S.C. 301 and 49 U.S.C. 44302, I hereby:
(1) determine that continuation of authorized humanitarian relief air services to Haiti is necessary to
carry out the foreign policy of the United States;
(2) approve provision by the Secretary of Transportation of insurance against loss or damage arising
out of any risk from the operation of an aircraft in
the manner and to the extent provided in 49 U.S.C.
44301–44310, whenever he determines that such insurance cannot be obtained on reasonable terms and conditions from any company authorized to conduct an
insurance business in a State of the United States;
(3) delegate to the Secretary of Transportation, in
consultation with the Secretary of State, the authority vested in me by 49 U.S.C. 44302(b) [now 44302(c)],
for purposes of responding to the current crisis in
Haiti; and
(4) delegate to the Secretary of Transportation, in
consultation with the Secretary of State, the authority vested in me by 49 U.S.C. 44306(b) [now 44306(c)]
for purposes of responding to the current crisis in
Haiti.
The Secretary of Transportation is directed to bring
this determination immediately to the attention of all

§ 44303

air carriers within the meaning of 49 U.S.C. 40102(a)(2),
and to arrange for its publication in the Federal Register.
WILLIAM J. CLINTON.
PROVISION OF AVIATION INSURANCE COVERAGE FOR COMMERCIAL AIR CARRIER SERVICE IN DOMESTIC AND
INTERNATIONAL OPERATIONS
Memorandum of President of the United States, Aug.
21, 2009, 74 F.R. 43617, provided:
Memorandum for the Secretary of Transportation
By the authority vested in me as President by the
Constitution and laws of the United States including 49
U.S.C. 44302, et seq., I hereby:
1. Determine that continuation of U.S. flag commercial air service is necessary in the interest of air commerce, national security, and the foreign policy of the
United States.
2. Approve provision by the Secretary of Transportation of insurance or reinsurance to U.S. flag air carriers against loss or damage arising out of any risk
from the operation of an aircraft in the manner and to
the extent provided in Chapter 443 of 49 U.S.C., until
August 31, 2010, when he determine[s] that such insurance or reinsurance cannot be obtained on reasonable
terms and conditions from any company authorized to
conduct an insurance business in a State of the United
States.
You are directed to bring this determination immediately to the attention of all air carriers within the
meaning of 49 U.S.C. 40102 (a)(2), and to arrange for its
publication in the Federal Register.
BARACK OBAMA.
Prior Presidential documents related to provision of
insurance to U.S.-flag commercial air service were contained in the following:
Memorandum of President of the United States, Dec.
23, 2008, 73 F.R. 79589.
Memorandum of President of the United States, Dec.
27, 2007, 73 F.R. 1813.
Memorandum of President of the United States, Dec.
21, 2006, 71 F.R. 77243.
Memorandum of President of the United States, Dec.
22, 2005, 70 F.R. 76669.
Determination of President of the United States, No.
2005–15, Dec. 21, 2004, 69 F.R. 77607.
Determination of President of the United States, No.
2004–13, Dec. 11, 2003, 69 F.R. 5237.
Determination of President of the United States, No.
01–29, Sept. 23, 2001, 66 F.R. 49075.

§ 44303. Coverage
(a) IN GENERAL.—The Secretary of Transportation may provide insurance and reinsurance,
or reimburse insurance costs, as authorized
under section 44302 of this title for the following:
(1) an American aircraft or foreign-flag aircraft engaged in aircraft operations the President decides are necessary in the interest of
air commerce or national security or to carry
out the foreign policy of the United States
Government.
(2) property transported or to be transported
on aircraft referred to in clause (1) of this section, including—
(A) shipments by express or registered
mail;
(B) property owned by citizens or residents
of the United States;
(C) property—
(i) imported to, or exported from, the
United States; and
(ii) bought or sold by a citizen or resident of the United States under a contract

§ 44303

TITLE 49—TRANSPORTATION

putting the risk of loss or obligation to
provide insurance against risk of loss on
the citizen or resident; and
(D) property transported between—
(i) a place in a State or the District of
Columbia and a place in a territory or possession of the United States;
(ii) a place in a territory or possession of
the United States and a place in another
territory or possession of the United
States; or
(iii) 2 places in the same territory or possession of the United States.
(3) the personal effects and baggage of officers and members of the crew of an aircraft referred to in clause (1) of this section and of
other individuals employed or transported on
that aircraft.
(4) officers and members of the crew of an
aircraft referred to in clause (1) of this section
and other individuals employed or transported
on that aircraft against loss of life, injury, or
detention.
(5) statutory or contractual obligations or
other liabilities, customarily covered by insurance, of an aircraft referred to in clause (1) of
this section or of the owner or operator of that
aircraft.
(6) loss or damage of an aircraft manufacturer resulting from operation of an aircraft
by an air carrier and involving war or terrorism.
(b) AIR CARRIER LIABILITY FOR THIRD PARTY
CLAIMS ARISING OUT OF ACTS OF TERRORISM.—
For acts of terrorism committed on or to an air
carrier during the period beginning on September 22, 2001, and ending on June 30, 2010, the Secretary may certify that the air carrier was a
victim of an act of terrorism and in the Secretary’s judgment, based on the Secretary’s
analysis and conclusions regarding the facts and
circumstances of each case, shall not be responsible for losses suffered by third parties (as referred to in section 205.5(b)(1) of title 14, Code of
Federal Regulations) that exceed $100,000,000, in
the aggregate, for all claims by such parties
arising out of such act. If the Secretary so certifies, the air carrier shall not be liable for an
amount that exceeds $100,000,000, in the aggregate, for all claims by such parties arising out of
such act, and the Government shall be responsible for any liability above such amount. No
punitive damages may be awarded against an air
carrier (or the Government taking responsibility for an air carrier under this subsection)
under a cause of action arising out of such act.
The Secretary may extend the provisions of this
subsection to an aircraft manufacturer (as defined in section 44301) of the aircraft of the air
carrier involved.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1169;
Pub. L. 107–42, title II, § 201(b)(1), Sept. 22, 2001,
115 Stat. 235; Pub. L. 107–296, title XII, § 1201,
Nov. 25, 2002, 116 Stat. 2286; Pub. L. 108–11, title
IV, § 4001(b), Apr. 16, 2003, 117 Stat. 606; Pub. L.
108–176, title I, § 106(a)(3), (b), Dec. 12, 2003, 117
Stat. 2499; Pub. L. 108–447, div. H, title I, § 106(b),
Dec. 8, 2004, 118 Stat. 3204; Pub. L. 109–115, div. A,
title I, § 108(b), Nov. 30, 2005, 119 Stat. 2402; Pub.

Page 860

L. 110–161, div. K, title I, § 114(b), Dec. 26, 2007, 121
Stat. 2381; Pub. L. 110–253, § 3(c)(7), June 30, 2008,
122 Stat. 2418; Pub. L. 110–330, § 5(d), Sept. 30,
2008, 122 Stat. 3718; Pub. L. 111–12, § 5(c), Mar. 30,
2009, 123 Stat. 1458; Pub. L. 111–69, § 5(d), Oct. 1,
2009, 123 Stat. 2055; Pub. L. 111–116, § 5(c), Dec. 16,
2009, 123 Stat. 3032; Pub. L. 111–117, div. A, title
I, § 114(b), Dec. 16, 2009, 123 Stat. 3043.)
HISTORICAL AND REVISION NOTES
Revised
Section
44303 ..........

Source (U.S. Code)
49 App.:1533.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1303, 72 Stat. 801; restated Nov. 9, 1977, Pub. L.
95–163, § 3, 91 Stat. 1279.

In this section, before clause (1), the words ‘‘persons,
property, or interest’’ are omitted as unnecessary. In
clause (2), the word ‘‘property’’ is substituted for ‘‘Cargoes’’ and ‘‘air cargoes’’ for consistency in the revised
title. In clause (2)(B) and (C), the words ‘‘its territories,
or possessions’’ are omitted as unnecessary because of
the definition of ‘‘United States’’ in section 40102(a) of
the revised title. In clause (2)(C)(ii), the word ‘‘contract’’ is substituted for ‘‘contracts of sale or purchase’’, and the words ‘‘putting . . . on’’ are substituted
for ‘‘is assumed by or falls upon’’, to eliminate unnecessary words. In clause (2)(D), the word ‘‘place’’ is substituted for ‘‘point’’ for consistency in the revised title.
In subclause (i), the words ‘‘a State or the District of
Columbia’’ are substituted for ‘‘the United States’’ for
clarity and consistency because the definition of
‘‘United States’’ in section 40102(a) of the revised title
is too broad for the context of the clause. The definition in section 40102(a) includes territories and possession and would therefore overlap with subclauses (ii)
and (iii). In subclause (iii), the words ‘‘2 places in the
same territory or possession of the United States’’ are
substituted for ‘‘any point in any such territory or possession and any other point in the same territory or
possession’’ for clarity. In clauses (3) and (4), the word
‘‘individuals’’ is substituted for ‘‘persons’’ as being
more appropriate. The words ‘‘captains’’ and ‘‘pilots’’
are omitted as being included in ‘‘officers and members
of the crew’’.
CODIFICATION
The text of section 201(b)(2) of Pub. L. 107–42, which
was transferred and redesignated so as to appear as
subsec. (b) of this section and amended by Pub. L.
107–296, was based on Pub. L. 107–42, title II, § 201(b)(2),
Sept. 22, 2001, 115 Stat. 235, formerly included in a note
set out under section 40101 of this title.
AMENDMENTS
2009—Subsec. (b). Pub. L. 111–117, which directed the
substitution of ‘‘December 31, 2010,’’ for ‘‘December 31,
2009,’’, could not be executed due to the intervening
amendment by Pub. L. 111–69. See below.
Pub. L. 111–116 substituted ‘‘June 30, 2010,’’ for
‘‘March 31, 2010,’’.
Pub. L. 111–69 substituted ‘‘March 31, 2010,’’ for ‘‘December 31, 2009,’’.
Pub. L. 111–12 substituted ‘‘December 31, 2009,’’ for
‘‘May 31, 2009,’’.
2008—Subsec. (b). Pub. L. 110–330 substituted ‘‘May 31,
2009,’’ for ‘‘March 31, 2009,’’.
Pub. L. 110–253 substituted ‘‘March 31, 2009’’ for ‘‘December 31, 2008’’.
2007—Subsec. (b). Pub. L. 110–161 substituted ‘‘2008,’’
for ‘‘2006,’’.
2005—Subsec. (b). Pub. L. 109–115 substituted ‘‘2006’’
for ‘‘2005’’.
2004—Subsec. (b). Pub. L. 108–447 substituted ‘‘2005’’
for ‘‘2004’.
2003—Subsec. (a). Pub. L. 108–176, § 106(a)(3)(A), substituted ‘‘IN GENERAL’’ for ‘‘IN GENERAL’’ in heading.

Page 861

§ 44305

TITLE 49—TRANSPORTATION

Subsec. (a)(6). Pub. L. 108–176, § 106(a)(3)(B), added par.
(6).
Subsec. (b). Pub. L. 108–176, § 106(b), inserted at end
‘‘The Secretary may extend the provisions of this subsection to an aircraft manufacturer (as defined in section 44301) of the aircraft of the air carrier involved.’’
Pub. L. 108–11 substituted ‘‘2004’’ for ‘‘2003’’.
2002—Pub. L. 107–296 designated existing provisions as
subsec. (a), inserted heading, transferred and redesignated the text of section 201(b)(2) of Pub. L. 107–42 so as
to appear as subsec. (b), in heading substituted ‘‘Air
Carrier Liability for Third Party Claims Arising Out of
Acts of Terrorism’’ for ‘‘Discretion of the Secretary’’,
and in text substituted ‘‘the period beginning on September 22, 2001, and ending on December 31, 2003, the
Secretary’’ for ‘‘the 180-day period following the date of
enactment of this Act, the Secretary of Transportation’’ and ‘‘this subsection’’ for ‘‘this paragraph’’.
See Codification note above.
2001—Pub. L. 107–42, § 201(b)(1)(A), inserted ‘‘, or reimburse insurance costs, as’’ after ‘‘insurance and reinsurance’’ in introductory provisions.
Par. (1). Pub. L. 107–42, § 201(b)(1)(B), inserted ‘‘in the
interest of air commerce or national security or’’ before ‘‘to carry out the foreign policy’’.

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44304(a) ......

49 App.:1535(a).

44304(b) ......

49 App.:1535(b).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1305, 72 Stat. 802; Nov. 9,
1977, Pub. L. 95–163, § 4(a),
91 Stat. 1279.

In subsection (a), the words ‘‘may reinsure any part
of the insurance provided by an insurance carrier’’ are
substituted for ‘‘may reinsure, in whole or in part, any
company authorized to do an insurance business’’ for
clarity and consistency with source provisions restated
in this subchapter and the definition of ‘‘insurance carrier’’ in section 44301 of the revised title. The words
‘‘transfer to, or transfer back to’’ are substituted for
‘‘cede or retrocede to’’ for clarity.
In subsection (b), the word ‘‘same’’ is omitted as
being included in ‘‘similar’’. The words ‘‘on account of
the cost of’’ are omitted as surplus. The word ‘‘providing’’ is substituted for ‘‘rendered’’ and ‘‘furnished’’ because it is inclusive. The words ‘‘except for’’ are substituted for ‘‘but such allowance to the carrier shall
not provide for’’ to eliminate unnecessary words.
AMENDMENTS

EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–116 effective Jan. 1, 2010,
see section 5(j) of Pub. L. 111–116, set out as a note
under section 40117 of this title.
Amendment by Pub. L. 111–12 effective Apr. 1, 2009,
see section 5(j) of Pub. L. 111–12, set out as a note under
section 40117 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–330 effective Oct. 1, 2008,
see section 5(l) of Pub. L. 110–330, set out as a note
under section 40117 of this title.
Amendment by Pub. L. 110–253 effective July 1, 2008,
see section 3(d) of Pub. L. 110–253, set out as a note
under section 9502 of Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EXTENSION OF LIMITATION OF AIR CARRIER LIABILITY
Pub. L. 109–289, div. B, title II, § 21002(b), as added by
Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 48, provided
that subsec. (b) of this section would be applied by substituting ‘‘September 30, 2007’’ for ‘‘December 31, 2006’’.

§ 44304. Reinsurance
To the extent the Secretary of Transportation
is authorized to provide insurance under this
chapter, the Secretary may reinsure any part of
the insurance provided by an insurance carrier.
The Secretary may reinsure with, transfer to, or
transfer back to, the carrier any insurance or reinsurance provided by the Secretary under this
chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1169;
Pub. L. 107–42, title II, § 201(c), Sept. 22, 2001, 115
Stat. 235.)

2001—Pub. L. 107–42 struck out subsec. (a) designation
and heading ‘‘General Authority’’ and struck out subsec. (b) which read as follows:
‘‘(b) PREMIUM LEVELS.—The Secretary may provide
reinsurance at premiums not less than, or obtain reinsurance at premiums not higher than, the premiums
the Secretary establishes on similar risks or the premiums the insurance carrier charges for the insurance
to be reinsured by the Secretary, whichever is most advantageous to the Secretary. However, the Secretary
may make allowances to the insurance carrier for expenses incurred in providing services and facilities that
the Secretary considers good business practice, except
for payments by the carrier for the stimulation or solicitation of insurance business.’’

§ 44305. Insuring
property

United

States

Government

(a) GENERAL.—With the approval of the President, a department, agency, or instrumentality
of the United States Government may obtain—
(1) insurance under this chapter, including
insurance for risks from operating an aircraft
in intrastate or interstate air commerce, but
not including insurance on valuables subject
to sections 17302 and 17303 of title 40; and
(2) insurance for risks arising from providing
goods or services directly related to and necessary for operating an aircraft covered by insurance obtained under clause (1) of this subsection if the aircraft is operated—
(A) in carrying out a contract of the department, agency, or instrumentality; or
(B) to transport military forces or materiel on behalf of the United States under an
agreement between the Government and the
government of a foreign country.
(b) PREMIUM WAIVERS AND INDEMNIFICATION.—
With the approval required under subsection (a)
of this section, the Secretary of Transportation
may provide the insurance without premium at
the request of the Secretary of Defense or the
head of a department, agency, or instrumentality designated by the President when the Secretary of Defense or the designated head agrees
to indemnify the Secretary of Transportation
against all losses covered by the insurance. The
Secretary of Defense and any designated head

§ 44306

TITLE 49—TRANSPORTATION

may make indemnity agreements with the Secretary of Transportation under this section. If
such an agreement is countersigned by the
President or the President’s designee, the agreement shall constitute, for purposes of section
44302(c), a determination that continuation of
the aircraft operations to which the agreement
applies is necessary to carry out the foreign policy of the United States.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1170;
Pub. L. 105–137, § 3, Dec. 2, 1997, 111 Stat. 2640;
Pub. L. 107–42, title II, § 201(e), Sept. 22, 2001, 115
Stat. 236; Pub. L. 107–217, § 3(n)(6), Aug. 21, 2002,
116 Stat. 1303.)
HISTORICAL AND REVISION NOTES
Revised
Section
44305 ..........

Source (U.S. Code)
49 App.:1534.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1304, 72 Stat. 802; Oct. 31,
1992, Pub. L. 102–581,
§ 401(a), 106 Stat. 4897.

In this section, the words ‘‘a department, agency, or
instrumentality’’ are substituted for ‘‘Any department
or agency’’ for clarity and consistency in the revised
title and with other titles of the United States Code.
In subsection (a)(1), the words ‘‘obtain insurance
under this chapter’’ are substituted for ‘‘procure from
the Secretary any of the insurance provided under this
subchapter’’ to eliminate unnecessary words. The
words ‘‘overseas air commerce’’ are omitted for the reasons given in the revision note for section 40101.
In subsection (b), the words ‘‘or the head of a department, agency, or instrumentality designated by the
President’’ are substituted for ‘‘and such other agencies
as the President may prescribe’’ as being more precise
and for consistency in the revised title. The words
‘‘when the Secretary of Defense or the designated head
agrees’’ are substituted for ‘‘in consideration of’’ for
clarity. The words ‘‘any designated head’’ are substituted for ‘‘the agreement of . . . such agency’’ and
‘‘such other agencies’’ for clarity and because of the restatement.
AMENDMENTS
2002—Subsec. (a)(1). Pub. L. 107–217 substituted ‘‘sections 17302 and 17303 of title 40’’ for ‘‘sections 1 and 2 of
the Government Losses in Shipment Act (40 U.S.C. 721,
722)’’.
2001—Subsec. (b). Pub. L. 107–42 substituted ‘‘44302(c)’’
for ‘‘44302(b)’’.
1997—Subsec. (b). Pub. L. 105–137 inserted at end ‘‘If
such an agreement is countersigned by the President or
the President’s designee, the agreement shall constitute, for purposes of section 44302(b), a determination that continuation of the aircraft operations to
which the agreement applies is necessary to carry out
the foreign policy of the United States.’’

§ 44306. Premiums and limitations on coverage
and claims
(a) PREMIUMS BASED ON RISK.—To the extent
practical, the premium charged for insurance or
reinsurance under this chapter shall be based on
consideration of the risk involved.
(b) ALLOWANCES IN SETTING PREMIUM RATES
FOR REINSURANCE.—In setting premium rates for
reinsurance, the Secretary may make allowances to the insurance carrier for expenses incurred in providing services and facilities that
the Secretary considers good business practices,
except for payments by the insurance carrier for
the stimulation or solicitation of insurance
business.

Page 862

(c) TIME LIMITS.—The Secretary of Transportation may provide insurance and reinsurance
under this chapter for a period of not more than
1 year. The period may be extended for additional periods of not more than 1 year each only
if the President decides, before each additional
period, that the continued operation of the aircraft to be insured or reinsured is necessary in
the interest of air commerce or national security or to carry out the foreign policy of the
United States Government.
(d) MAXIMUM INSURED AMOUNT.—The insurance
policy on an aircraft insured or reinsured under
this chapter shall specify a stated amount that
is not more than the value of the aircraft, as determined by the Secretary in accordance with
reasonable business practices in the commercial
aviation insurance industry. A claim under the
policy may not be paid for more than that stated amount.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1170;
Pub. L. 105–137, § 2(b), Dec. 2, 1997, 111 Stat. 2640;
Pub. L. 107–42, title II, § 201(d), Sept. 22, 2001, 115
Stat. 235; Pub. L. 107–71, title I, §§ 124(b), 147,
Nov. 19, 2001, 115 Stat. 631, 645; Pub. L. 107–296,
title XII, § 1203, Nov. 25, 2002, 116 Stat. 2287; Pub.
L. 108–176, title I, § 106(c), (e), Dec. 12, 2003, 117
Stat. 2499.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44306(a) ......

49 App.:1532(b).

44306(b) ......
44306(c) ......

49 App.:1532(c).
49 App.:1537(a) (last
sentence less
words between 2d
and 3d commas).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1302(b), (c), 72 Stat. 801;
restated Nov. 9, 1977, Pub.
L. 95–163, § 2, 91 Stat. 1279.
Aug. 23, 1958, Pub. L. 85–726,
§ 1307(a) (last sentence less
words between 2d and 3d
commas), 72 Stat. 804; Oct.
4, 1984, Pub. L. 98–443,
§ 9(b), 98 Stat. 1706.

In subsection (a), the words ‘‘To the extent’’ are substituted for ‘‘insofar as’’ for consistency.
In subsection (b), the word ‘‘initial’’ is omitted as
surplus. The words ‘‘The period’’ are substituted for
‘‘Such insurance or reinsurance’’, and the words ‘‘the
President decides . . . that the continued operation of
the aircraft to be insured or reinsured is necessary to
carry out the foreign policy of the United States Government’’ are substituted for ‘‘the President makes the
same determination with respect to such extension as
he is required to make under paragraph (2) of subsection (a) of this section for the initial provision of
such insurance or reinsurance’’, for clarity.
In subsection (c), the words ‘‘or reinsured’’ are added
for consistency. The words ‘‘to be paid in the event of
total loss’’ are omitted as unnecessary because of the
last sentence. The words ‘‘A claim under the policy
may not be paid for more than that stated amount’’ are
substituted for ‘‘the amount of any claim which is compromised, settled, adjusted, or paid shall in no event
exceed such stated amount’’ to eliminate unnecessary
words.
AMENDMENTS
2003—Subsec. (b). Pub. L. 108–176, § 106(c), substituted
‘‘by the insurance carrier’’ for ‘‘by the air carrier’’.
Subsec. (c). Pub. L. 108–176, § 106(e), made technical
correction to directory language of Pub. L. 107–71,
§ 124(b). See 2001 Amendment note below.
2002—Subsec. (c). Pub. L. 107–296 made technical correction to directory language of Pub. L. 107–71, § 147.
See 2001 Amendment note below.
2001—Subsec. (b). Pub. L. 107–42, § 201(d)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Page 863

§ 44308

TITLE 49—TRANSPORTATION

Subsec. (c). Pub.L. 107–71, § 147, as amended by Pub. L.
107–296, substituted ‘‘1 year’’ for ‘‘60 days’’ in two
places.
Pub. L. 107–71, § 124(b), as amended by Pub. L. 108–176,
§ 106(e), inserted ‘‘in the interest of air commerce or national security or’’ before ‘‘to carry out the foreign policy’’.
Pub. L. 107–42, § 201(d)(1), redesignated subsec. (b) as
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107–42, § 201(d)(1), redesignated
subsec. (c) as (d).
1997—Subsec. (c). Pub. L. 105–137 substituted ‘‘as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry.’’ for ‘‘as determined by the Secretary.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by section 106(c) of Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003,
except as otherwise specifically provided, see section 3
of Pub. L. 108–176, set out as a note under section 106 of
this title.
Pub. L. 108–176, title I, § 106(e), Dec. 12, 2003, 117 Stat.
2499, provided that the amendment made by section
106(e) is effective Nov. 19, 2001.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–296, title XII, § 1203, Nov. 25, 2002, 116 Stat.
2287, provided that the amendment made by section
1203 is effective Nov. 19, 2001.

§ 44307. Revolving fund
(a) EXISTENCE, DISBURSEMENTS,
TIONS, AND DEPOSITS.—(1) There is

APPROPRIAa revolving
fund in the Treasury. The Secretary of the
Treasury shall disburse from the fund payments
to carry out this chapter.
(2) Necessary amounts to carry out this chapter may be appropriated to the fund. The
amounts appropriated and other amounts received in carrying out this chapter shall be deposited in the fund.
(b) INVESTMENT.—On request of the Secretary
of Transportation, the Secretary of the Treasury
may invest any part of the amounts in the revolving fund in interest-bearing securities of the
United States Government. The interest on, and
the proceeds from the sale or redemption of, the
securities shall be deposited in the fund.
(c) EXCESS AMOUNTS.—The balance in the revolving fund in excess of an amount the Secretary of Transportation determines is necessary for the requirements of the fund and for
reasonable reserves to maintain the solvency of
the fund shall be deposited at least annually in
the Treasury as miscellaneous receipts.
(d) EXPENSES.—The Secretary of Transportation shall deposit annually an amount in the
Treasury as miscellaneous receipts to cover the
expenses the Government incurs when the Secretary of Transportation uses appropriated
amounts in carrying out this chapter. The deposited amount shall equal an amount determined by multiplying the average monthly balance of appropriated amounts retained in the revolving fund by a percentage that is at least the
current average rate payable on marketable obligations of the Government. The Secretary of
the Treasury shall determine annually in advance the percentage applied.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1170.)

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44307(a) ......

49 App.:1536(a), (b).

44307(b) ......

49 App.:1536(f).

44307(c) ......
44307(d) ......

49 App.:1536(c).
49 App.:1536(d).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1306(a)–(d), 72 Stat. 803.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1306(f); added
Aug. 9, 1975, Pub. L. 94–90,
§ 1(a), 89 Stat. 439.

In subsection (a)(1), the first sentence is added for
clarity. The last sentence is substituted for 49
App.:1536(a) (last sentence) to eliminate unnecessary
words and for consistency in the revised title.
In subsection (a)(2), the words ‘‘The amounts appropriated and other amounts received in carrying out this
chapter’’ are substituted for ‘‘Moneys appropriated by
Congress to carry out the provisions of this subchapter
and all moneys received from premiums, salvage, or
other recoveries and all receipts in connection with
this subchapter’’ to eliminate unnecessary words.
In subsection (b), the words ‘‘any part’’ are substituted for ‘‘all or any part’’ to eliminate unnecessary
words. The words ‘‘held in the revolving fund’’ are
omitted as surplus. The words ‘‘deposited in’’ are substituted for ‘‘credited to and form a part of’’ for consistency.
In subsection (d), the words ‘‘The Secretary of Transportation shall deposit annually an amount in the
Treasury’’ are substituted for ‘‘Annual payments shall
be made by the Secretary to the Treasury of the United
States’’, the words ‘‘The deposited amount shall equal
an amount determined by multiplying’’ are substituted
for ‘‘These payments shall be computed by applying
to’’, and the words ‘‘a percentage that is at least the
current average rate payable on marketable obligations of the Government’’ are substituted for ‘‘a percentage’’ and ‘‘Such percentage shall not be less than
the current average rate which the Treasury pays on
its marketable obligations’’, for clarity.

§ 44308. Administrative
(a) COMMERCIAL PRACTICES.—The Secretary of
Transportation may carry out this chapter consistent with commercial practices of the aviation insurance business.
(b) ISSUANCE OF POLICIES AND DISPOSITION OF
CLAIMS.—(1) The Secretary may issue insurance
policies to carry out this chapter. The Secretary
may prescribe the forms, amounts insured under
the policies, and premiums charged. Any such
policy may authorize the binding arbitration of
claims made thereunder in such manner as may
be agreed to by the Secretary and any commercial insurer that may be responsible for any part
of a loss to which such policy relates. The Secretary may change an amount of insurance or a
premium for an existing policy only with the
consent of the insured.
(2) For a claim under insurance authorized by
this chapter, the Secretary may—
(A) settle and pay the claim made for or
against the United States Government;
(B) pay the amount of a binding arbitration
award made under paragraph (1); and
(C) pay the amount of a judgment entered
against the Government.
(c) UNDERWRITING AGENT.—(1) The Secretary
may, and when practical shall, employ an insurance carrier or group of insurance carriers to
act as an underwriting agent. The Secretary
may use the agent to adjust claims under this
chapter, but claims may be paid only when approved by the Secretary.

§ 44309

TITLE 49—TRANSPORTATION

(2) The Secretary may pay reasonable compensation to an underwriting agent for servicing
insurance the agent writes for the Secretary.
Compensation may include payment for reasonable expenses incurred by the agent but may not
include a payment by the agent for stimulation
or solicitation of insurance business.
(3) Except as provided by this subsection, the
Secretary may not pay an insurance broker or
other person acting in a similar capacity any
consideration for arranging insurance when the
Secretary directly insures any part of the risk.
(d) BUDGET.—The Secretary shall submit annually a budget program for carrying out this
chapter as provided for wholly owned Government corporations under chapter 91 of title 31.
(e) ACCOUNTS.—The Secretary shall maintain a
set of accounts for audit under chapter 35 of
title 31. Notwithstanding chapter 35, the Comptroller General shall allow credit for expenditures under this chapter made consistent with
commercial practices in the aviation insurance
business when shown to be necessary because of
the business activities authorized by this chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1171;
Pub. L. 104–316, title I, § 127(e), Oct. 19, 1996, 110
Stat. 3840; Pub. L. 105–137, § 4, Dec. 2, 1997, 111
Stat. 2640.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44308(a) ......

49 App.:1537(c) (1st
sentence).

44308(b)(1) ..

49 App.:1537(a) (1st
sentence words
before 6th
comma).
49 App.:1537(b).

44308(b)(2) ..
44308(c)(1) ..
44308(c)(2) ..
44308(c)(3) ..
44308(d) ......

44308(e) ......

49 App.:1537(a) (1st
sentence words
after 6th comma).
49 App.:1537(d) (1st,
3d sentences).
49 App.:1537(d) (2d,
last sentences).
49 App.:1537(c) (last
sentence).
49 App.:1537(f) (1st
sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1307(a) (1st sentence), (c),
(d), 72 Stat. 803, 804.

Aug. 23, 1958, Pub. L. 85–726,
§ 1307(b), 72 Stat. 804; Nov.
9, 1977, Pub. L. 95–163,
§ 5(a), 91 Stat. 1280.

Page 864

tered’’ is substituted for ‘‘rendered’’ because it is more
appropriate. The words ‘‘in any suit’’ are omitted as
surplus. The words ‘‘or the amount of any settlement
agreed upon’’ are omitted as being included in ‘‘settle
and pay the claim’’.
In subsection (c)(1), the words ‘‘and when practical
shall’’ are substituted for ‘‘and whenever he finds it
practical to do so shall’’ to eliminate unnecessary
words. The word ‘‘his’’ is omitted as surplus. The words
‘‘The Secretary may use’’ are substituted for ‘‘may be
utilized’’ for consistency. The words ‘‘The services of’’
are omitted as unnecessary.
In subsection (c)(2), the words ‘‘pay reasonable compensation’’ are substituted for ‘‘allow . . . fair and reasonable compensation’’ for consistency in the revised
title. The words ‘‘an underwriting agent’’ are substituted for ‘‘such companies or groups of companies’’,
and the words ‘‘the agent writes’’ are substituted for
‘‘written by such companies or groups of companies as
underwriting agent’’, for clarity. The word ‘‘payment’’
is substituted for ‘‘allowance’’ for consistency.
In subsection (c)(3), the words ‘‘intermediary’’ and
‘‘fee or other’’ are omitted as surplus. The word ‘‘for’’
is substituted for ‘‘by virtue of his participation in’’ to
eliminate unnecessary words.
In subsection (d), the word ‘‘prepare’’ is omitted as
being included in ‘‘submit’’. The words ‘‘for carrying
out this chapter’’ are substituted for ‘‘in the performance of, and with respect to, the functions, powers, and
duties vested in him by this subchapter’’ for consistency and to eliminate unnecessary words. The words
‘‘under chapter 91 of title 31’’ are substituted for ‘‘by
the Government Corporation Control Act, as amended
(59 Stat. 597; 31 U.S.C. 841)’’ in section 1307(f) of the Act
of August 23, 1958 (Public Law 85–726, 72 Stat. 804) because of section 4(b) of the Act of September 13, 1982
(Public Law 97–258, 96 Stat. 1067).
In subsection (e), the words ‘‘under chapter 35 of title
31’’ are substituted for ‘‘in accordance with the provisions of the Accounting and Auditing Act of 1950’’ in
section 1307(f) of the Act of August 23, 1958 (Public Law
85–726, 72 Stat. 804) because of section 4(b) of the Act of
September 13, 1982 (Public Law 97–258, 96 Stat. 1067).
The words ‘‘Provided, That . . . the Secretary may exercise the powers conferred in said subchapter, perform
the duties and functions’’ are omitted as surplus. The
words ‘‘Notwithstanding chapter 35’’ are added for clarity. The words ‘‘Comptroller General’’ are substituted
for ‘‘General Accounting Office’’ because of 31:702.
AMENDMENTS

Aug. 23, 1958, Pub. L. 85–726,
§ 1307(f), 72 Stat. 804; Jan.
2, 1975, Pub. L. 93–604,
§ 702, 88 Stat. 1964.

49 App.:1537(f) (last
sentence).

In subsection (a), the words ‘‘may carry out this
chapter’’ are substituted for ‘‘in administering this
subchapter, may exercise his powers, perform his duties
and functions, and make his expenditures’’ to eliminate
unnecessary words.
In subsection (b)(1), the word ‘‘insurance’’ is added for
clarity. The words ‘‘rules, and regulations’’ are omitted
as unnecessary because of 49:322(a). The words ‘‘as he
deems proper’’ and ‘‘subject to the following provisions
of this subsection’’ are omitted as surplus. The words
‘‘and change’’ and ‘‘fix, adjust, and change’’ are omitted as being included in ‘‘prescribe’’. The words ‘‘under
the policies’’ are added for clarity. The word ‘‘charged’’
is substituted for ‘‘provided for in this subchapter’’ for
consistency in this subchapter.
In subsection (b)(2), before clause (A), the words ‘‘the
Secretary’’ are added because of the restatement. In
clause (A), the words ‘‘adjust and . . . losses, compromise and’’ are omitted as included in ‘‘settle and
pay the claim’’. The word ‘‘made’’ is substituted for
‘‘whether’’ for clarity. In clause (B), the word ‘‘en-

1997—Subsec. (b)(1). Pub. L. 105–137, § 4(a), inserted
after second sentence ‘‘Any such policy may authorize
the binding arbitration of claims made thereunder in
such manner as may be agreed to by the Secretary and
any commercial insurer that may be responsible for
any part of a loss to which such policy relates.’’
Subsec. (b)(2). Pub. L. 105–137, § 4(b), struck out ‘‘and’’
at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C).
1996—Subsec. (e). Pub. L. 104–316 substituted ‘‘for
audit’’ for ‘‘. The Comptroller General shall audit those
accounts’’.

§ 44309. Civil actions
(a) LOSSES.—
(1) ACTIONS AGAINST UNITED STATES.—A person may bring a civil action in a district court
of the United States or in the United States
Court of Federal Claims against the United
States Government when—
(A) a loss insured under this chapter is in
dispute; or
(B)(i) the person is subrogated under a contract between the person and a party insured
under this chapter (other than section
44305(b)) to the rights of the insured party
against the United States Government; and

Page 865

§ 44309

TITLE 49—TRANSPORTATION

(ii) the person has paid to the insured
party, with the approval of the Secretary of
Transportation, an amount for a physical
damage loss that the Secretary has determined is a loss covered by insurance issued
under this chapter (other than section
44305(b)).
(2) LIMITATION.—A civil action involving the
same matter (except the action authorized by
this subsection) may not be brought against
an agent, officer, or employee of the Government carrying out this chapter.
(3) PROCEDURE.—To the extent applicable,
the procedure in an action brought under section 1346(a)(2) of title 28, United States Code,
applies to an action under this subsection.
(b) VENUE AND JOINDER.—(1) A civil action
under subsection (a) of this section may be
brought in the judicial district for the District
of Columbia or in the judicial district in which
the plaintiff or the agent of the plaintiff resides
if the plaintiff resides in the United States. If
the plaintiff does not reside in the United
States, the action may be brought in the judicial district for the District of Columbia or in
the judicial district in which the Attorney General agrees to accept service.
(2) An interested person may be joined as a
party to a civil action brought under subsection
(a) of this section initially or on motion of either party to the action.
(c) TIME REQUIREMENTS.—When an insurance
claim is made under this chapter, the period
during which, under section 2401 of title 28, a
civil action must be brought under subsection
(a) of this section is suspended until 60 days
after the Secretary of Transportation denies the
claim. The claim is deemed to be administratively denied if the Secretary does not act on
the claim not later than 6 months after filing,
unless the Secretary makes a different agreement with the claimant when there is good
cause for an agreement.
(d) INTERPLEADER.—(1) If the Secretary admits
the Government owes money under an insurance
claim under this chapter and there is a dispute
about the person that is entitled to payment,
the Government may bring a civil action of
interpleader in a district court of the United
States against the persons that may be entitled
to payment. The action may be brought in the
judicial district for the District of Columbia or
in the judicial district in which any party resides.
(2) The district court may order a party not
residing or found in the judicial district in
which the action is brought to appear in a civil
action under this subsection. The order shall be
served in a reasonable manner decided by the
district court. If the court decides an unknown
person might assert a claim under the insurance
that is the subject of the action, the court may
order service on that person by publication in
the Federal Register.
(3) Judgment in a civil action under this subsection discharges the Government from further
liability to the parties to the action and to all
other persons served by publication under paragraph (2) of this subsection.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1172;
Pub. L. 105–277, div. C, title I, § 110(c)(1), Oct. 21,
1998, 112 Stat. 2681–587.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44309(a) ......

49 App.:1540 (1st sentence less
19th–70th words,
3d sentence).
49 App.:1540 (1st sentence 19th–70th
words, 2d sentence).
49 App.:1540 (4th
sentence).
49 App.:1540 (last
sentence).
49 App.:1540 (5th–8th
sentences).

Aug. 23, 1958, Pub. L. 85–726,
§ 1310, 72 Stat. 805.

44309(b)(1) ..

44309(b)(2) ..
44309(c) ......
44309(d) ......

In subsection (a), the words ‘‘A person may bring’’ are
substituted for ‘‘may be maintained’’ for clarity. The
words ‘‘a civil action’’ are substituted for ‘‘suit’’ because of rule 2 of the Federal Rules of Civil Procedure
(28 App. U.S.C.). The words ‘‘A civil action . . . (except
the action authorized by this subsection) may not be
brought’’ are substituted for ‘‘and this remedy shall be
exclusive of any other action’’, and the words ‘‘involving the’’ are substituted for ‘‘by reason of’’, for clarity.
The words ‘‘carrying out this chapter’’ are substituted
for ‘‘employed or retained under this subchapter’’, and
the words ‘‘in an action’’ are substituted for ‘‘for suits
in the district courts’’, for consistency. The words ‘‘applies to’’ are substituted for ‘‘shall otherwise be the
same as that provided for’’ to eliminate unnecessary
words. The words ‘‘an action under this subsection’’ are
substituted for ‘‘such suits’’ for consistency.
In subsection (b)(1), the words ‘‘A civil action under
subsection (a) of this section may be brought’’ are
added for clarity. The words ‘‘the plaintiff or the agent
of the plaintiff resides’’ are substituted for ‘‘the claimant or his agent resides’’ for consistency in the revised
title. The words ‘‘if the plaintiff resides in the United
States’’ are added for clarity. The words ‘‘notwithstanding the amount of the claim’’ are omitted as obsolete because jurisdiction under 28:1331 no longer depends on the amount of the claim. The words ‘‘and any
provision of existing law as to the jurisdiction of
United States district courts’’ are omitted as obsolete.
In subsection (b)(2), the words ‘‘interested person’’
are substituted for ‘‘All persons having or claiming or
who might have an interest in such insurance’’ to
eliminate unnecessary words. The word ‘‘either’’ is
omitted as surplus. The words ‘‘to a civil action
brought under subsection (a) of this section’’ are added
for clarity.
In subsection (c), the words ‘‘during which, under section 2401 of title 28, a civil action must be brought
under subsection (a) of this section’’ are substituted for
‘‘within which suits may be commenced contained in
section 2401 of title 28 providing for bringing of suits
against the United States’’ for clarity. The words
‘‘from such time of filing’’ are omitted as surplus. The
words ‘‘60 days after the Secretary of Transportation
denies the claim’’ are substituted for ‘‘the claim shall
have been administratively denied by the Secretary
and for sixty days thereafter’’ for clarity.
In subsection (d)(1), the words ‘‘a civil action of interpleader’’ are substituted for ‘‘an action in the nature of
a bill of interpleader’’ because of the Federal Rules of
Civil Procedure (28 App. U.S.C.). The words ‘‘persons
that may be entitled to payment’’ are substituted for
‘‘such parties’’ for clarity.
In subsection (d)(2), the words ‘‘in which the action is
brought’’ are added for clarity. The words ‘‘The order
shall be’’ are added because of the restatement. The
words ‘‘the court may order service on that person’’ are
substituted for ‘‘it may direct service upon such persons unknown’’ as being more precise.

§ 44310

TITLE 49—TRANSPORTATION

In subsection (d)(3), the words ‘‘in a civil action under
this subsection’’ are substituted for ‘‘in any such suit’’
for clarity.
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–277 amended heading
and text of subsec. (a) generally. Prior to amendment,
text read as follows: ‘‘A person may bring a civil action
in a district court of the United States against the
United States Government when a loss insured under
this chapter is in dispute. A civil action involving the
same matter (except the action authorized by this subsection) may not be brought against an agent, officer,
or employee of the Government carrying out this chapter. To the extent applicable, the procedure in an action brought under section 1346(a)(2) of title 28 applies
to an action under this subsection.’’

§ 44310. Ending effective date
The authority of the Secretary of Transportation to provide insurance and reinsurance
under this chapter is not effective after December 31, 2013.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1173;
Pub. L. 105–85, div. A, title X, § 1088(a), Nov. 18,
1997, 111 Stat. 1921; Pub. L. 105–137, § 5(a), Dec. 2,
1997, 111 Stat. 2641; Pub. L. 105–277, div. C, title
I, § 110(c)(2), Oct. 21, 1998, 112 Stat. 2681–588; Pub.
L. 106–6, § 6, Mar. 31, 1999, 113 Stat. 10; Pub. L.
106–31, title VI, § 6002(f), May 21, 1999, 113 Stat.
113; Pub. L. 106–181, title VII, § 711, Apr. 5, 2000,
114 Stat. 160; Pub. L. 108–11, title IV, § 4001(c),
Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title
I, § 106(d), Dec. 12, 2003, 117 Stat. 2499; Pub. L.
110–181, div. A, title III, § 378, Jan. 28, 2008, 122
Stat. 85.)
HISTORICAL AND REVISION NOTES
Revised
Section
44310 ..........

Source (U.S. Code)
49 App.:1542.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1312, 72 Stat. 806; July 20,
1961, Pub. L. 87–89, 75 Stat.
210; June 13, 1966, Pub. L.
89–447, 80 Stat. 199; Sept. 8,
1970, Pub. L. 91–399, 84
Stat. 837; Aug. 9, 1975,
Pub. L. 94–90, § 2, 89 Stat.
439; July 31, 1976, Pub. L.
94–374, 90 Stat. 1065; Nov.
9, 1977, Pub. L. 95–163, § 6,
91 Stat. 1280; Oct. 14, 1982,
Pub. L. 97–309, § 3, 96 Stat.
1453; Oct. 30, 1987, Pub. L.
100–148, 101 Stat. 878; Oct.
31, 1992, Pub. L. 102–581,
§ 402, 106 Stat. 4897.

The words ‘‘is not effective after’’ are substituted for
‘‘shall expire at the termination of’’ for clarity and
consistency in the revised title.
AMENDMENTS
2008—Pub. L. 110–181 substituted ‘‘December 31, 2013’’
for ‘‘March 30, 2008’’.
2003—Pub. L. 108–176 substituted ‘‘March 30, 2008’’ for
‘‘December 31, 2004’’.
Pub. L. 108–11, substituted ‘‘2004’’ for ‘‘2003’’.
2000—Pub. L. 106–181 substituted ‘‘after December 31,
2003.’’ for ‘‘after August 6, 1999.’’
1999—Pub. L. 106–31 substituted ‘‘August 6, 1999’’ for
‘‘May 31, 1999’’.
Pub. L. 106–6 substituted ‘‘May’’ for ‘‘March’’.
1998—Pub. L. 105–277 substituted ‘‘March 31, 1999’’ for
‘‘December 31, 1998’’.
1997—Pub. L. 105–137 substituted ‘‘December 31, 1998’’
for ‘‘September 30, 2002’’.
Pub. L. 105–85 substituted ‘‘September 30, 2002’’ for
‘‘September 30, 1997’’.

Page 866

EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1997 AMENDMENTS
Pub. L. 105–137, § 5(b), Dec. 2, 1997, 111 Stat. 2641, provided that: ‘‘The amendment made by subsection (a)
[amending this section] takes effect on October 1, 1997.’’
Pub. L. 105–85, div. A, title X, § 1088(b), Nov. 18, 1997,
111 Stat. 1921, provided that: ‘‘This section [amending
this section] shall take effect as of September 30, 1997.’’
CONTINUATION OF AVIATION INSURANCE LAWS
Pub. L. 102–581, title IV, § 404, Oct. 31, 1992, 106 Stat.
4898, provided that: ‘‘Notwithstanding any other provision of law, the provisions of title XIII of the Federal
Aviation Act of 1958 [now this chapter] and all insurance policies issued by the Secretary of Transportation
under such title, as in effect on September 30, 1992,
shall be treated as having continued in effect until the
date of the enactment of this Act [Oct. 31, 1992].’’

CHAPTER 445—FACILITIES, PERSONNEL,
AND RESEARCH
Sec.

44501.
44502.
44503.
44504.
44505.
44506.
44507.
44508.
44509.
44510.
44511.
44512.
44513.
44514.
44515.
44516.
44517.

Plans and policy.
General facilities and personnel authority.
Reducing nonessential expenditures.
Improved aircraft, aircraft engines, propellers, and appliances.
Systems, procedures, facilities, and devices.
Air traffic controllers.
Civil aeromedical research.
Research advisory committee.
Demonstration projects.
Airway science curriculum grants.
Aviation research grants.
Catastrophic failure prevention research
grants.
Regional centers of air transportation excellence.
Flight service stations.
Advanced training facilities for maintenance
technicians for air carrier aircraft.
Human factors program.
Program to permit cost sharing of air traffic
modernization projects.
AMENDMENTS

2003—Pub. L. 108–176, title I, § 183(b), Dec. 12, 2003, 117
Stat. 2517, added item 44517.
2000—Pub. L. 106–181, title VII, § 713(c), Apr. 5, 2000, 114
Stat. 161, added item 44516.

§ 44501. Plans and policy
(a) LONG RANGE PLANS AND POLICY REQUIREMENTS.—The Administrator of the Federal Aviation Administration shall make long range
plans and policy for the orderly development
and use of the navigable airspace, and the orderly development and location of air navigation facilities, that will best meet the needs of,
and serve the interests of, civil aeronautics and
the national defense, except for needs of the
armed forces that are peculiar to air warfare
and primarily of military concern.
(b) AIRWAY CAPITAL INVESTMENT PLAN.—The
Administrator of the Federal Aviation Adminis-

Page 867

§ 44501

TITLE 49—TRANSPORTATION

tration shall review, revise, and publish a national airways system plan, known as the Airway Capital Investment Plan, before the beginning of each fiscal year. The plan shall set
forth—
(1) for a 10-year period, the research, engineering, and development programs and the
facilities and equipment that the Administrator considers necessary for a system of airways, air traffic services, and navigation aids
that will—
(A) meet the forecasted needs of civil aeronautics;
(B) meet the requirements that the Secretary of Defense establishes for the support
of the national defense; and
(C) provide the highest degree of safety in
air commerce;
(2) for the first and 2d years of the plan, detailed annual estimates of—
(A) the number, type, location, and cost of
acquiring, operating, and maintaining required facilities and services;
(B) the cost of research, engineering, and
development required to improve safety, system capacity, and efficiency; and
(C) personnel levels required for the activities described in subclauses (A) and (B) of
this clause;
(3) for the 3d, 4th, and 5th years of the plan,
estimates of the total cost of each major program for the 3-year period, and additional
major research programs, acquisition of systems and facilities, and changes in personnel
levels that may be required to meet long range
objectives and that may have significant impact on future funding requirements; and
(4) a 10-year investment plan that considers
long range objectives that the Administrator
considers necessary to—
(A) ensure that safety is given the highest
priority in providing for a safe and efficient
airway system; and
(B) meet the current and projected growth
of aviation and the requirements of interstate commerce, the United States Postal
Service, and the national defense.
(c) NATIONAL AVIATION RESEARCH PLAN.—(1)
The Administrator of the Federal Aviation Administration shall prepare and publish annually
a national aviation research plan and submit
the plan to the Committee on Commerce,
Science, and Transportation of the Senate and
the Committee on Science of the House of Representatives. The plan shall be submitted not
later than the date of submission of the President’s budget to Congress.
(2)(A) The plan shall describe, for a 5-year period, the research, engineering, and development
that the Administrator of the Federal Aviation
Administration considers necessary—
(i) to ensure the continued capacity, safety,
and efficiency of aviation in the United
States, considering emerging technologies and
forecasted needs of civil aeronautics; and
(ii) to provide the highest degree of safety in
air travel.
(B) The plan shall—
(i) provide estimates by year of the schedule,
cost, and work force levels for each active and

planned major research and development
project under sections 40119, 44504, 44505, 44507,
44509, 44511–44513, and 44912 of this title, including activities carried out under cooperative
agreements with other Federal departments
and agencies;
(ii) specify the goals and the priorities for
allocation of resources among the major categories of research and development activities,
including the rationale for the priorities identified;
(iii) identify the allocation of resources
among long-term research, near-term research, and development activities;
(iv) identify the individual research and development projects in each funding category
that are described in the annual budget request;
(v) highlight the research and development
activities that address specific recommendations of the research advisory committee established under section 44508 of this title, and
document the recommendations of the committee that are not accepted, specifying the
reasons for nonacceptance; and
(vi) highlight the research and development
technology transfer activities that promote
technology sharing among government, industry, and academia through the StevensonWydler Technology Innovation Act of 1980.
(3) Subject to section 40119(b) of this title and
regulations prescribed under section 40119(b),
the Administrator of the Federal Aviation Administration shall submit to the committees
named in paragraph (1) of this subsection an annual report on the accomplishments of the research completed during the prior fiscal year,
including a description of the dissemination to
the private sector of research results and a description of any new technologies developed.
The report shall be submitted with the plan required under paragraph (1) and be organized to
allow comparison with the plan in effect for the
prior fiscal year. The report shall be prepared in
accordance with requirements of section 1116 of
title 31.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1173;
Pub. L. 104–264, title XI, § 1105, Oct. 9, 1996, 110
Stat. 3279; Pub. L. 104–287, § 5(74), Oct. 11, 1996,
110 Stat. 3396; Pub. L. 106–181, title IX, § 902(a),
Apr. 5, 2000, 114 Stat. 195.)
HISTORICAL AND REVISION NOTES
Revised
Section
44501(a) ......

Source (U.S. Code)
49 App.:1353(a).
49 App.:1655(c)(1).

44501(b) ......

49 App.:2203(b).

44501(c) ......

49 App.:1353(d).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 312(a), 72 Stat. 752.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Sept. 3, 1982, Pub. L. 97–248,
§ 504(b), 96 Stat. 675; Nov.
5, 1990, Pub. L. 101–508,
§ 9105(a), 104 Stat. 1388–355;
Oct. 31, 1992, Pub. L.
102–581, § 114, 106 Stat.
4881.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 312(d); added
Nov. 3, 1988, Pub. L.
100–591, § 4(a), 102 Stat.
3011.

In subsection (a), the word ‘‘Administrator’’ in section 312(a) of the Federal Aviation Act of 1958 (Public

§ 44502

TITLE 49—TRANSPORTATION

Law 85–726, 72 Stat. 752) is retained on authority of
49:106(g). The words ‘‘air navigation facilities’’ are substituted for ‘‘landing areas, Federal airways, radar installations and all other aids and facilities for air navigation’’ because of the definition of ‘‘air navigation facility’’ in section 40102(a) of the revised title. The words
‘‘the armed forces’’ are substituted for ‘‘military agencies’’ because of 10:101.
In subsection (b), before clause (1), the words ‘‘the requirements of’’ are omitted as surplus. The text of 49
App.:2203(b) (1st sentence) is omitted as executed. The
words ‘‘thereafter’’ and ‘‘For fiscal year 1991 and thereafter’’ are omitted as obsolete. In clauses (2)(C) and (3),
the word ‘‘personnel’’ is substituted for ‘‘manpower’’
for consistency in the revised title. In clause (2)(C), the
word ‘‘all’’ is omitted as surplus.
In subsection (c), before clause (1), the word ‘‘completed’’ is omitted as surplus.
In subsection (d)(1), the words ‘‘review, revise’’ are
omitted as surplus. The word ‘‘annually’’ is substituted
for ‘‘for fiscal year 1990, and for each fiscal year thereafter’’ to eliminate obsolete language.
In subsection (d)(2)(B), before clause (i), the words
‘‘an appropriation’’ are substituted for ‘‘funding’’, and
in clause (ii), the word ‘‘appropriations’’ is substituted
for ‘‘funding’’, for clarity and consistency in the revised title and with other titles of the United States
Code.
In subsection (d)(3), the words ‘‘beginning with the
date of transmission of the first aviation research plan
as required by paragraph (1)’’ are omitted as obsolete.
REFERENCES IN TEXT
The Stevenson-Wydler Technology Innovation Act of
1980, referred to in subsec. (c)(2)(B)(vi), is Pub. L. 96–480,
Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15,
Commerce and Trade. For complete classification of
this Act to the Code, see Short Title note set out under
section 3701 of Title 15 and Tables.
AMENDMENTS
2000—Subsec. (c)(2)(B)(iv) to (vi). Pub. L. 106–181,
§ 902(a)(1), added cls. (iv) and (vi) and redesignated
former cl. (iv) as (v).
Subsec. (c)(3). Pub. L. 106–181, § 902(a)(2), inserted at
end ‘‘The report shall be prepared in accordance with
requirements of section 1116 of title 31.’’
1996—Subsec. (c)(1). Pub. L. 104–287 substituted ‘‘Committee on Science’’ for ‘‘Committee on Science, Space,
and Technology’’.
Subsec. (c)(2)(A). Pub. L. 104–264, § 1105(1), substituted
‘‘5-year period’’ for ‘‘15-year period’’.
Subsec. (c)(2)(B). Pub. L. 104–264, § 1105(2), amended
subpar. (B) generally. Prior to amendment, subpar. (B)
set out the requirements for research plans including
specific requirements for the first two years of the
plan, for the 3rd, 4th, and 5th years, and for the 6th and
subsequent years.
Subsec. (c)(3). Pub. L. 104–264, § 1105(3), inserted
‘‘, including a description of the dissemination to the
private sector of research results and a description of
any new technologies developed’’ after ‘‘during the
prior fiscal year’’.
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years

Page 868

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 Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 44502. General facilities and personnel authority
(a) GENERAL AUTHORITY.—(1) The Administrator of the Federal Aviation Administration
may—
(A) acquire, establish, improve, operate, and
maintain air navigation facilities; and
(B) provide facilities and personnel to regulate and protect air traffic.
(2) The cost of site preparation work associated with acquiring, establishing, or improving
an air navigation facility under paragraph (1)(A)
of this subsection shall be charged to amounts
available for that purpose appropriated under
section 48101(a) of this title. The Secretary of
Transportation may make an agreement with an
airport owner or sponsor (as defined in section
47102 of this title) so that the owner or sponsor
will provide the work and be paid or reimbursed
by the Secretary from the appropriated
amounts.
(3) The Secretary of Transportation may authorize a department, agency, or instrumentality of the United States Government to carry
out any duty or power under this subsection
with the consent of the head of the department,
agency, or instrumentality.
(4) PURCHASE OF INSTRUMENT LANDING SYSTEM.—
(A) ESTABLISHMENT OF PROGRAM.—The Secretary shall purchase precision approach instrument landing system equipment for installation at airports on an expedited basis.
(B) AUTHORIZATION.—No less than $30,000,000
of the amounts appropriated under section
48101(a) for each of fiscal years 2000 through
2002 shall be used for the purpose of carrying
out this paragraph, including acquisition
under new or existing contracts, site preparation work, installation, and related expenditures.
(5) IMPROVEMENTS ON LEASED PROPERTIES.—The
Administrator may make improvements to real
property leased for no or nominal consideration
for an air navigation facility, regardless of
whether the cost of making the improvements
exceeds the cost of leasing the real property, if—
(A) the improvements primarily benefit the
Government;
(B) the improvements are essential for accomplishment of the mission of the Federal
Aviation Administration; and
(C) the interest of the United States Government in the improvements is protected.
(b) CERTIFICATION OF NECESSITY.—Except for
Government money expended under this part or
for a military purpose, Government money may
be expended to acquire, establish, construct, operate, repair, alter, or maintain an air navigation facility only if the Administrator of the
Federal Aviation Administration certifies in
writing that the facility is reasonably necessary
for use in air commerce or for the national defense. An interested person may apply for a certificate for a facility to be acquired, established,

Page 869

§ 44502

TITLE 49—TRANSPORTATION

constructed, operated, repaired, altered, or
maintained by or for the person.
(c) ENSURING CONFORMITY WITH PLANS AND
POLICIES.—(1) To ensure conformity with plans
and policies for, and allocation of, airspace by
the Administrator of the Federal Aviation Administration under section 40103(b)(1) of this
title, a military airport, military landing area,
or missile or rocket site may be acquired, established, or constructed, or a runway may be altered substantially, only if the Administrator of
the Federal Aviation Administration is given
reasonable prior notice so that the Administrator of the Federal Aviation Administration
may advise the appropriate committees of Congress and interested departments, agencies, and
instrumentalities of the Government on the effect of the acquisition, establishment, construction, or alteration on the use of airspace by aircraft. A disagreement between the Administrator of the Federal Aviation Administration
and the Secretary of Defense or the Administrator of the National Aeronautics and Space
Administration may be appealed to the President for a final decision.
(2) To ensure conformity, an airport or landing
area not involving the expenditure of Government money may be established or constructed,
or a runway may be altered substantially, only
if the Administrator of the Federal Aviation Administration is given reasonable prior notice so
that the Administrator may provide advice on
the effects of the establishment, construction,
or alteration on the use of airspace by aircraft.
(d) PUBLIC USE AND EMERGENCY ASSISTANCE.—
(1) The head of a department, agency, or instrumentality of the Government having jurisdiction over an air navigation facility owned or operated by the Government may provide, under
regulations the head of the department, agency,
or instrumentality prescribes, for public use of
the facility.
(2) The head of a department, agency, or instrumentality of the Government having jurisdiction over an airport or emergency landing
field owned or operated by the Government may
provide, under regulations the head of the department, agency, or instrumentality prescribes, for assistance, and the sale of fuel, oil,
equipment, and supplies, to an aircraft, but only
when necessary, because of an emergency, to
allow the aircraft to continue to the nearest airport operated by private enterprise. The head of
the department, agency, or instrumentality
shall provide for the assistance and sale at the
prevailing local fair market value as determined
by the head of the department, agency, or instrumentality. An amount that the head decides
is equal to the cost of the assistance provided
and the fuel, oil, equipment, and supplies sold
shall be credited to the appropriation from
which the cost was paid. The balance shall be
credited to miscellaneous receipts.
(e) TRANSFERS OF INSTRUMENT LANDING SYSTEMS.—An airport may transfer, without consideration, to the Administrator of the Federal
Aviation Administration an instrument landing
system (and associated approach lighting equipment and runway visual range equipment) that
conforms to performance specifications of the
Administrator if a Government airport aid pro-

gram, airport development aid program, or airport improvement project grant was used to assist in purchasing the system. The Administrator shall accept the system and operate and
maintain it under criteria of the Administrator.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1175;
Pub. L. 103–305, title I, § 120(a), Aug. 23, 1994, 108
Stat. 1581; Pub. L. 103–429, § 6(54), Oct. 31, 1994,
108 Stat. 4385; Pub. L. 104–287, § 5(75), Oct. 11,
1996, 110 Stat. 3396; Pub. L. 106–181, title I, § 153,
title VII, § 712, Apr. 5, 2000, 114 Stat. 87, 160.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
44502(a)(1) ..

Source (U.S. Code)
49 App.:1348(b) (1st
sentence less cl.
(3)).

49 App.:1655(c)(1).

44502(a)(2) ..

49 App.:2205(a)(3).

44502(a)(3) ..

49 App.:1348(b) (2d
sentence).
49 App.:1349(a) (1st,
2d sentences).

44502(b) ......

44502(d) ......
44502(e) ......

49
49
49
49
49
49
49

44502(f) .......

49 App.:2205 (notes).

44502(c)(1) ..
44502(c)(2) ..

App.:1655(c)(1).
App.:1349(b).
App.:1655(c)(1).
App.:1350.
App.:1655(c)(1).
App.:1507.
App.:1743.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 307(b) (1st sentence less
cl. (3), 2d sentence), 72
Stat. 750; Jan. 12, 1983,
Pub. L. 97–449, § 4(c), 96
Stat. 2442.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Sept. 3, 1982, Pub. L. 97–248,
§ 506(a)(3), 96 Stat. 677;
Dec. 30, 1987, Pub. L.
100–223, § 105(a)(1), (g)(1),
101 Stat. 1489, 1494.
Aug. 23, 1958, Pub. L. 85–726,
§§ 308(a)
(1st,
2d
sentences), (b), 309, 1107, 72
Stat. 750, 751, 798.

Aug. 11, 1959, Pub. L. 86–154,
73 Stat. 333.
Nov. 21, 1989, Pub. L. 101–164,
§ 331, 103 Stat. 1097.
Nov. 5, 1990, Pub. L. 101–516,
§ 324, 104 Stat. 2182.
Oct. 28, 1991, Pub. L. 102–143,
§ 324, 105 Stat. 943.
Oct. 6, 1992, Pub. L. 102–388,
§ 324, 106 Stat. 1547.

In this section, the words ‘‘department, agency, or instrumentality of the United States Government’’ are
substituted for ‘‘Federal department or agency’’ in 49
App.:1348(b), ‘‘agencies’’ in 49 App.:1349(b), and ‘‘department or other agency’’ and ‘‘Government department
or other agency’’ in 49 App.:1507 for consistency in the
revised title and with other titles of the United States
Code.
In subsections (a)(1), (b), and (c), the word ‘‘Administrator’’ in sections 303(c) (1st sentence), 307(b), 308(a)
(1st and 2d sentences) and (b), and 309 of the Federal
Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750,
751) is retained on authority of 49:106(g).
In subsection (a)(1), before clause (A), the words
‘‘within the limits of available appropriations made by
the Congress’’ are omitted as surplus. In clause (A), the
words ‘‘wherever necessary’’ are omitted as surplus. In
clause (B), the word ‘‘necessary’’ is omitted as surplus.
In subsection (a)(2), the words ‘‘by the Secretary’’
and ‘‘to the Secretary’’ are omitted as surplus. The last
sentence is substituted for 49 App.:2205(a)(3) (last sentence) to eliminate unnecessary words.
In subsection (a)(3), the words ‘‘subject to such regulations, supervision, and review as he may prescribe’’
are omitted because of 49:322(a). The words ‘‘from time
to time make such provision as he shall deem appropriate’’ are omitted as surplus. The words ‘‘duty or
power’’ are substituted for ‘‘function’’ for consistency
in the revised title and with other titles of the Code.
The words ‘‘the head of’’ are added for clarity and consistency.
In subsection (b), the words ‘‘(whether or not in cooperation with State or other local governmental agen-

§ 44502

TITLE 49—TRANSPORTATION

cies)’’ and ‘‘thereon’’ are omitted as surplus. The words
‘‘landing area’’ are omitted as being included in the
definition of ‘‘air navigation facility’’ in section
40102(a) of the revised title. The words ‘‘recommendation and’’ are omitted as surplus. The words ‘‘under
regulations prescribed by him’’ are omitted because of
49:322(a). The word ‘‘proposed’’ is omitted as surplus.
The word ‘‘acquired’’ is added for consistency in this
subsection.
In subsection (c)(1), the words ‘‘In order’’, ‘‘layout’’,
and ‘‘In case of . . . the matter’’ are omitted as surplus.
The words ‘‘Secretary of Defense’’ are substituted for
‘‘Department of Defense’’ because of 10:133(a). The
words ‘‘the Administrator of’’ are added because of
42:2472(a).
In subsection (c)(2), the word ‘‘layout’’ is omitted as
surplus. The words ‘‘pursuant to regulations prescribed
by him’’ are omitted because of 49:322(a). The words
‘‘the establishment, building, or alteration’’ are substituted for ‘‘such construction’’ for clarity and consistency in this section.
In subsection (d)(1), the words ‘‘under such conditions
and to such extent as . . . deems advisable and’’ are
omitted as surplus. The word ‘‘provide’’ is substituted
for ‘‘be made available’’, and the words ‘‘of the facility’’ are added, for clarity.
In subsection (d)(2), the words ‘‘All amounts received
under this subsection shall be covered into the Treasury’’ are omitted because of 31:3302(b). The words ‘‘services, shelter . . . other’’ and ‘‘if any’’ are omitted as
surplus.
In subsection (e), the words ‘‘or compact’’ are omitted as surplus. The words ‘‘or States’’ are omitted because of 1:1. The text of 49 App.:1743 (last sentence) is
omitted as surplus.
In subsection (f), the words ‘‘Notwithstanding any
other provision of law’’ and ‘‘thereafter’’ are omitted as
surplus.
PUB. L. 103–429
This amends 49:44502(b) to clarify the restatement of
49 App.:1349(a) (1st, 2d sentences) by section 1 of the Act
of July 5, 1994 (Public Law 103–272, 108 Stat. 1175).
PUB. L. 104–287, § 5(75)(A)
This amends 49:44502(c)(1) to correct an error in the
codification enacted by section 1 of the Act of July 5,
1994 (Public Law 103–272, 108 Stat. 1175).
PUB. L. 104–287, § 5(75)(B)
This strikes 49:44502(e) and redesignates 49:44502(f) as
49:44502(e) because of the restatement of former
49:44502(e) as 49:40121.
AMENDMENTS
2000—Subsec. (a)(4)(B). Pub. L. 106–181, § 153, substituted ‘‘each of fiscal years 2000 through 2002’’ for
‘‘each of fiscal years 1995 and 1996’’ and inserted ‘‘under
new or existing contracts’’ after ‘‘including acquisition’’.
Subsec. (a)(5). Pub. L. 106–181, § 712, added par. (5).
1996—Subsec. (c)(1). Pub. L. 104–287, § 5(75)(A), substituted ‘‘To ensure’’ for ‘‘To ensure that’’.
Subsecs. (e), (f). Pub. L. 104–287, § 5(75)(B), redesignated subsec. (f) as (e) and struck out former subsec. (e)
which read as follows:
‘‘(e) CONSENT OF CONGRESS.—Congress consents to a
State making an agreement, not in conflict with a law
of the United States, with another State to develop or
operate an airport facility.’’
1994—Subsec. (a)(4). Pub. L. 103–305 added par. (4).
Subsec. (b). Pub. L. 103–429 inserted ‘‘Government’’
before ‘‘money may be expended’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

Page 870

EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
STRATEGY FOR STAFFING, HIRING, AND TRAINING
FLIGHT STANDARDS AND AIRCRAFT CERTIFICATION
STAFF
Pub. L. 111–117, div. A, title I, Dec. 16, 2009, 123 Stat.
3040, provided in part: ‘‘That not later than March 31 of
each fiscal year hereafter, the Administrator [of the
Federal Aviation Administration] shall transmit to
Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight
standards and aircraft certification staff in a format
similar to the one utilized for the controller staffing
plan, including stated attrition estimates and numerical hiring goals by fiscal year’’.
PILOT PROGRAM FOR INNOVATIVE FINANCING OF AIR
TRAFFIC CONTROL EQUIPMENT
Pub. L. 108–176, title I, § 182, Dec. 12, 2003, 117 Stat.
2515, provided that:
‘‘(a) IN GENERAL.—In order to test the cost effectiveness and feasibility of long-term financing of modernization of major air traffic control systems, the Administrator of the Federal Aviation Administration
may establish a pilot program to test innovative financing techniques through amending, subject to section 1341 of title 31, United States Code, a contract for
more than one, but not more than 20, fiscal years to
purchase and install air traffic control equipment for
the Administration. Such amendments may be for more
than one, but not more than 10, fiscal years.
‘‘(b) CANCELLATION.—A contract described in subsection (a) may include a cancellation provision if the
Administrator determines that such a provision is necessary and in the best interest of the United States.
Any such provision shall include a cancellation liability schedule that covers reasonable and allocable costs
incurred by the contractor through the date of cancellation plus reasonable profit, if any, on those costs.
Any such provision shall not apply if the contract is
terminated by default of the contractor.
‘‘(c) CONTRACT PROVISIONS.—If feasible and practicable for the pilot program, the Administrator may
make an advance contract provision to achieve economic-lot purchases and more efficient production
rates.
‘‘(d) LIMITATION.—The Administrator may not amend
a contract under this section until the program for the
terminal automation replacement systems has been
rebaselined in accordance with the acquisition management system of the Administration.
‘‘(e) ANNUAL REPORTS.—At the end of each fiscal year
during the term of the pilot program, the Administrator shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report on how the Administrator has implemented in such fiscal year the pilot
program, the number and types of contracts or contract amendments that are entered into under the program, and the program’s cost effectiveness.
‘‘(f) FUNDING.—Out of amounts appropriated under
section 48101 [probably means section 48101 of title 49,
United States Code] for fiscal year 2004, such sums as
may be necessary shall be available to carry out this
section.’’
ENHANCED VISION TECHNOLOGIES
Pub. L. 106–181, title I, § 124, Apr. 5, 2000, 114 Stat. 75,
provided that:
‘‘(a) STUDY.—The Administrator [of the Federal Aviation Administration] shall enter into a cooperative research and development agreement to study the benefits of utilizing enhanced vision technologies to replace, enhance, or add to conventional airport approach
and runway lighting systems.

Page 871

TITLE 49—TRANSPORTATION

‘‘(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a progress report on
the work accomplished under the cooperative agreements detailing the evaluations performed to determine the potential of enhanced vision technology to
meet the operational requirements of the intended application.
‘‘(c) CERTIFICATION.—Not later than 180 days after the
conclusion of work under the research agreements, the
Administrator shall transmit to Congress a report on
the potential of enhanced vision technology to satisfy
the operational requirements of the Federal Aviation
Administration and a schedule for the development of
performance standards for certification appropriate to
the application of the enhanced vision technologies. If
the Administrator certifies an enhanced vision technology as meeting such performance standards, the
technology shall be treated as a navigation aid or other
aid for purposes of section 47102(3)(B)(i) of title 49,
United States Code.’’
TRANSFER BY AIRPORTS OF INSTRUMENT LANDING SYSTEMS AND ASSOCIATED EQUIPMENT TO FEDERAL AVIATION ADMINISTRATION
Pub. L. 109–115, div. A, title I, § 101, Nov. 30, 2005, 119
Stat. 2401, which provided that airports may transfer to
the Federal Aviation Administration (FAA) instrument
landing systems (along with associated approach lighting equipment and runway visual range equipment)
which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant, provided
that the FAA accept such equipment and operate and
maintain it in accordance with agency criteria, was
from the Transportation, Treasury, Housing and Urban
Development, the Judiciary, and Independent Agencies
Appropriations Act, 2006, and was not repeated in subsequent appropriation acts. Similar provisions were
contained in the following prior appropriation acts:
Pub. L. 108–447, div. H, title I, § 101, Dec. 8, 2004, 118
Stat. 3203.
Pub. L. 108–199, div. F, title I, § 101, Jan. 23, 2004, 118
Stat. 284.
Pub. L. 108–7, div. I, title III, § 313, Feb. 20, 2003, 117
Stat. 410.
Pub. L. 107–87, title III, § 313, Dec. 18, 2001, 115 Stat.
858.
Pub. L. 106–346, § 101(a) [title III, § 314], Oct. 23, 2000,
114 Stat. 1356, 1356A–27.
Pub. L. 106–69, title III, § 314, Oct. 9, 1999, 113 Stat.
1018.
Pub. L. 105–277, div. A, § 101(g) [title III, § 314], Oct. 21,
1998, 112 Stat. 2681–439, 2681–468.
Pub. L. 105–66, title III, § 314, Oct. 27, 1997, 111 Stat.
1443.
Pub. L. 104–205, title III, § 314, Sept. 30, 1996, 110 Stat.
2971.
Pub. L. 104–50, title III, § 317, Nov. 15, 1995, 109 Stat.
455.
Pub. L. 103–331, title III, § 317, Sept. 30, 1994, 108 Stat.
2491, repealed by Pub. L. 104–287, § 7(4), Oct. 11, 1996, 110
Stat. 3400.
COST SAVINGS ASSOCIATED WITH PURCHASE
Section 120(b) of Pub. L. 103–305 provided that: ‘‘Notwithstanding other provisions of law or regulations to
the contrary, the Administrator [of the Federal Aviation Administration] shall establish, within 120 days
after the date of the enactment of this Act [Aug. 23,
1994], a process through which airport sponsors may
take advantage of cost savings associated with the purchase and installation of instrument landing systems,
along with associated equipment, under existing or future Federal Aviation Administration contracts. The
process established by the Administrator may provide
for the direct reimbursement (including administrative
costs) of the Administrator by an airport sponsor using

§ 44502

grants funds under subchapter I of chapter 471 of subtitle VII of title 49, United States Code, relating to airport improvement, for the ordering of such equipment
and installation or for the direct ordering of such
equipment and installation by an airport sponsor, using
such grant funds, from the suppliers with which the Administrator has contracted.’’
GRANDFATHER PROVISION FOR FAA DEMONSTRATION
PROJECT
Pub. L. 103–260, title IV, § 401, May 26, 1994, 108 Stat.
702, provided that:
‘‘(a) IN GENERAL.—Notwithstanding the termination
of the personnel demonstration project for certain Federal Aviation Administration employees on June 17,
1994, pursuant to section 4703 of title 5, United States
Code, the Federal Aviation Administration, subject to
subsection (d), shall continue to pay quarterly retention allowance payments in accordance with subsection
(b) to those employees who are entitled to quarterly retention allowance payments under the demonstration
project as of June 16, 1994.
‘‘(b) COMPUTATION RULES.—
‘‘(1) IN GENERAL.—The amount of each quarterly retention allowance payment to which an employee is
entitled under subsection (a) shall be the amount of
the last quarterly retention allowance payment paid
to such employee under the personnel demonstration
project prior to June 17, 1994, reduced by that portion
of the amount of any increase in the employee’s annual rate of basic pay subsequent to June 17, 1994,
from any source, which is allocable to the quarter for
which the allowance is to be paid (or, if applicable, to
that portion of the quarter for which the allowance is
to be paid). For purposes of the preceding sentence,
the increase in an employee’s annual rate of basic
pay includes—
‘‘(A) any increase under section 5303 of title 5,
United States Code;
‘‘(B) any increase in locality-based comparability
payments under section 5304 of such title 5 (except
if, or to the extent that, such increase is offset by
a reduction of an interim geographic adjustment
under section 302 of the Federal Employees Pay
Comparability Act of 1990 (5 U.S.C. 5304 note));
‘‘(C) any establishment or increase in a special
rate of pay under section 5305 of such title 5;
‘‘(D) any increase in basic pay pursuant to a promotion under section 5334 of such title 5;
‘‘(E) any periodic step-increase under section 5335
of such title 5;
‘‘(F) any additional step-increase under section
5336 of such title 5; and
‘‘(G) any other increase in annual rate of basic
pay under any other provision of law.
‘‘(2) SECTION RULE.—In the case of an employee on
leave without pay or other similar status for any part
of the quarter prior to June 17, 1994, based on which
the amount of the allowance payments for such employee under subsection (a) are computed, the
‘amount of the last quarterly retention allowance
payment paid to such employee under the personnel
demonstration project prior to June 17, 1994’ shall, for
purposes of paragraph (1), be deemed to be the
amount of the allowance which would have been payable to such employee for such quarter under such
project had such employee been in pay status
throughout such quarter.
‘‘(c) TERMINATION.—An employee’s entitlement to
quarterly retention allowance payments under this section shall cease when—
‘‘(1) the amount of such allowance is reduced to
zero under subsection (b), or
‘‘(2) the employee separates or moves to a position
in which the employee would not, prior to June 17,
1994, have been entitled to receive an allowance under
the demonstration project,
whichever is earlier.
‘‘(d) SPECIAL PAYMENT RULE.—The Administrator of
the Federal Aviation Administration may make pay-

§ 44503

TITLE 49—TRANSPORTATION

ment for the costs incurred under the program established by subsection (a) for the period between June 18,
1994, and September 30, 1994, following the end of the
first full pay period that begins on or after October 1,
1994, subject to appropriations made available in fiscal
year 1995.
‘‘(e) STUDY OF RECRUITMENT AND RETENTION INCENTIVES.—The Administrator of the Federal Aviation Administration shall conduct a study of impediments that
may exist to achieving appropriate air traffic controller staffing levels at hard-to-staff facilities. In conducting such study, the Administrator shall identify and
evaluate the extent to which special incentives, of a financial or non-financial nature, could be useful in recruiting or retaining air traffic controllers at such facilities. The Administrator shall submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Public Works and
Transportation of the House of Representatives not
later than 180 days after the date of enactment of this
Act [May 26, 1994] a report on (1) the results of such
study, (2) planned administrative actions, and (3) any
recommended legislation.’’

§ 44503. Reducing nonessential expenditures
The Secretary of Transportation shall attempt
to reduce the capital, operating, maintenance,
and administrative costs of the national airport
and airway system to the maximum extent practicable consistent with the highest degree of
aviation safety. At least annually, the Secretary
shall consult with and consider the recommendations of users of the system on ways to reduce nonessential expenditures of the United
States Government for aviation. The Secretary
shall give particular attention to a recommendation that may reduce, with no adverse effect on safety, future personnel requirements
and costs to the Government required to be recovered from user charges.

Page 872

(3) to assess the fire and smoke resistance of
aircraft material;
(4) to develop improved fire and smoke resistant material for aircraft interiors;
(5) to develop and improve fire and smoke
containment systems for inflight aircraft
fires;
(6) to develop advanced aircraft fuels with
low flammability and technologies that will
contain aircraft fuels to minimize post-crash
fire hazards; and
(7) to develop technologies and methods to
assess the risk of and prevent defects, failures,
and malfunctions of products, parts, processes,
and articles manufactured for use in aircraft,
aircraft engines, propellers, and appliances
that could result in a catastrophic failure of
an aircraft.
(c) AUTHORITY TO BUY ITEMS OFFERING SPEADVANTAGES.—In carrying out this section,
the Administrator, by negotiation or otherwise,
may buy or exchange experimental aircraft, aircraft engines, propellers, and appliances that
the Administrator decides may offer special advantages to aeronautics.

CIAL

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1176;
Pub. L. 106–181, title IX, § 904, Apr. 5, 2000, 114
Stat. 196.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44504(a) ......

49 App.:1353(b) (1st
sentence).
49 App.:1655(c)(1).

44504(b) ......

49 App.:1353(b) (2d
sentence).

44504(c) ......

49 App.:1353(b) (last
sentence)
49 App.:1655(c)(1).

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1176.)
HISTORICAL AND REVISION NOTES
Revised
Section
44503 ..........

Source (U.S. Code)
49 App.:1704.

Source (Statutes at Large)
July 12, 1976, Pub. L. 94–353,
§ 25, 90 Stat. 885.

The words ‘‘in accordance with this section’’ and
‘‘due’’ are omitted as surplus. The word ‘‘personnel’’ is
substituted for ‘‘manpower’’ for consistency in the revised title.

§ 44504. Improved aircraft, aircraft engines, propellers, and appliances
(a) DEVELOPMENTAL WORK AND SERVICE TESTING.—The Administrator of the Federal Aviation
Administration may conduct or supervise developmental work and service testing to improve
aircraft, aircraft engines, propellers, and appliances.
(b) RESEARCH.—The Administrator shall conduct or supervise research—
(1) to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear, and fatigue
on the life of aircraft, including nonstructural
aircraft systems, and air safety;
(2) to develop methods of analyzing and improving aircraft maintenance technology and
practices, including nondestructive evaluation
of aircraft structures;

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 312(b) (1st, last sentences), 72 Stat. 752.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 312(b) (2d
sentence); added Nov. 3,
1988, Pub. L. 100–591, § 2,
102 Stat. 3011; Nov. 5, 1990,
Pub. L. 101–508, § 9208(a),
104 Stat. 1388–376.

In this section, the word ‘‘Administrator’’ in section
312(b) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 752) is retained on authority of 49:106(g).
In subsection (a), the words ‘‘to improve’’ are substituted for ‘‘such . . . as tends to the creation of improved’’ to eliminate unnecessary words.
AMENDMENTS
2000—Subsec. (b)(1). Pub. L. 106–181 inserted
‘‘, including nonstructural aircraft systems,’’ after
‘‘life of aircraft’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
FAA CENTER FOR EXCELLENCE FOR APPLIED RESEARCH
AND TRAINING IN THE USE OF ADVANCED MATERIALS
IN TRANSPORT AIRCRAFT
Pub. L. 108–176, title VII, § 708, Dec. 12, 2003, 117 Stat.
2582, provided that:
‘‘(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall develop a Center for Excellence focused on applied research and training on
the durability and maintainability of advanced materials in transport airframe structures. The Center
shall—

Page 873

§ 44505

TITLE 49—TRANSPORTATION

‘‘(1) promote and facilitate collaboration among
academia, the Federal Aviation Administration’s
Transportation Division, and the commercial aircraft
industry, including manufacturers, commercial air
carriers, and suppliers; and
‘‘(2) establish goals set to advance technology, improve engineering practices, and facilitate continuing
education in relevant areas of study.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator
$500,000 for fiscal year 2004 to carry out this section.’’
ROTORCRAFT RESEARCH AND DEVELOPMENT INITIATIVE
Pub. L. 108–176, title VII, § 711, Dec. 12, 2003, 117 Stat.
2585, provided that:
‘‘(a) OBJECTIVE.—The Administrator of the Federal
Aviation Administration shall establish a rotorcraft
initiative with the objective of developing, and demonstrating in a relevant environment, within 10 years
after the date of the enactment of this Act [Dec. 12,
2003], technologies to enable rotorcraft with the following improvements relative to rotorcraft existing as of
the date of the enactment of this Act:
‘‘(1) 80 percent reduction in noise levels on takeoff
and on approach and landing as perceived by a human
observer.
‘‘(2) Factor of 10 reduction in vibration.
‘‘(3) 30 percent reduction in empty weight.
‘‘(4) Predicted accident rate equivalent to that of
fixed-wing aircraft in commercial service within 10
years after the date of the enactment of this Act.
‘‘(5) Capability for zero-ceiling, zero-visibility operations.
‘‘(b) IMPLEMENTATION.—Within 180 days after the date
of the enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration, in cooperation with the Administrator of the National Aeronautics and Space Administration, shall provide a plan
to the Committee on Science [now Committee on
Science and Technology] of the House of Representatives and to the Committee on Commerce, Science, and
Transportation of the Senate for the implementation of
the initiative described in subsection (a).’’
SPECIALTY METALS CONSORTIUM
Pub. L. 106–181, title VII, § 742, Apr. 5, 2000, 114 Stat.
175, provided that:
‘‘(a) IN GENERAL.—The Administrator [of the Federal
Aviation Administration] may work with a consortium
of domestic metal producers and aircraft engine manufacturers to improve the quality of turbine engine materials and to address melting technology enhancements.
‘‘(b) REPORT.—Not later than 6 months after entering
into an agreement with a consortium described in subsection (a), the Administrator shall transmit to Congress a report on the goals and efforts of the consortium.’’

§ 44505. Systems, procedures, facilities, and devices
(a) GENERAL REQUIREMENTS.—(1) The Administrator of the Federal Aviation Administration
shall—
(A) develop, alter, test, and evaluate systems, procedures, facilities, and devices, and
define their performance characteristics, to
meet the needs for safe and efficient navigation and traffic control of civil and military
aviation, except for needs of the armed forces
that are peculiar to air warfare and primarily
of military concern; and
(B) select systems, procedures, facilities, and
devices that will best serve those needs and
promote maximum coordination of air traffic
control and air defense systems.
(2) The Administrator may make contracts to
carry out this subsection without regard to section 3324(a) and (b) of title 31.

(3) When a substantial question exists under
paragraph (1) of this subsection about whether a
matter is of primary concern to the armed
forces, the Administrator shall decide whether
the Administrator or the Secretary of the appropriate military department has responsibility.
The Administrator shall be given technical information related to each research and development project of the armed forces that potentially applies to, or potentially conflicts with,
the common system to ensure that potential application to the common system is considered
properly and that potential conflicts with the
system are eliminated.
(b) RESEARCH ON HUMAN FACTORS AND SIMULATION MODELS.—The Administrator shall conduct
or supervise research—
(1) to develop a better understanding of the
relationship between human factors and aviation accidents and between human factors and
air safety;
(2) to enhance air traffic controller, mechanic, and flight crew performance;
(3) to develop a human-factor analysis of the
hazards associated with new technologies to
be used by air traffic controllers, mechanics,
and flight crews;
(4) to identify innovative and effective corrective measures for human errors that adversely affect air safety; and
(5) to develop dynamic simulation models of
the air traffic control system and airport design and operating procedures that will provide analytical technology—
(A) to predict airport and air traffic control safety and capacity problems;
(B) to evaluate planned research projects;
and
(C) to test proposed revisions in airport
and air traffic control operations programs.
(c) RESEARCH ON DEVELOPING AND MAINTAINING
SAFE AND EFFICIENT SYSTEM.—The Administrator shall conduct or supervise research on—
(1) airspace and airport planning and design;
(2) airport capacity enhancement techniques;
(3) human performance in the air transportation environment;
(4) aviation safety and security;
(5) the supply of trained air transportation
personnel, including pilots and mechanics; and
(6) other aviation issues related to developing and maintaining a safe and efficient air
transportation system.

A

(d) COOPERATIVE AGREEMENTS.—The Administrator may enter into cooperative agreements
on a cost-shared basis with Federal and nonFederal entities that the Administrator may select in order to conduct, encourage, and promote
aviation research, engineering, and development, including the development of prototypes
and demonstration models.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1177;
Pub. L. 103–305, title III, § 307, Aug. 23, 1994, 108
Stat. 1593.)
HISTORICAL AND REVISION NOTES
Revised
Section
44505(a)(1) ..

Source (U.S. Code)
49 App.:1353(c) (1st
sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 312(c) (1st, 5th–last sentences), 72 Stat. 752.

§ 44505

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)
49 App.:1655(c)(1).

44505(a)(2) ..
44505(a)(3) ..
44505(b) ......

44505(c) ......

49 App.:1353(c) (5th
sentence).
49 App.:1655(c)(1).
49 App.:1353(c) (6th,
last sentences).
49 App.:1655(c)(1).
49 App.:1353(c) (2d,
3d sentences).

49 App.:1353(c) (4th
sentence).

Source (Statutes at Large)
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 312(c) (2d, 3d
sentences); added Nov. 3,
1988, Pub. L. 100–591, § 3,
102 Stat. 3011.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 312(c) (4th
sentence); added Nov. 5,
1990, Pub. L. 101–508,
§ 9209(c), 104 Stat. 1388–378.

In this section, the word ‘‘Administrator’’ in section
312(c) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 752) is retained on authority of 49:106(g).
In subsection (a)(1) and (3), the words ‘‘the armed
forces’’ are substituted for ‘‘military agencies’’ and
‘‘the military’’ because of the definition of ‘‘armed
forces’’ in 10:101.
In subsection (a)(3), the words ‘‘military department’’
are substituted for ‘‘military agency’’ because of the
definition of ‘‘military department’’ in 10:101. The
words ‘‘the needs of’’ and ‘‘to the maximum extent necessary’’ are omitted as surplus.
AMENDMENTS
1994—Subsec. (d). Pub. L. 103–305 added subsec. (d).
ASSESSMENT OF WAKE TURBULENCE RESEARCH AND
DEVELOPMENT PROGRAM
Pub. L. 108–176, title V, § 505, Dec. 12, 2003, 117 Stat.
2559, required the Administrator of the Federal Aviation Administration to enter into an arrangement with
the National Research Council for an assessment of the
Federal Aviation Administration’s proposed wake turbulence research and development program and required that a report on the assessment be provided to
Committees of Congress not later than 1 year after Dec.
12, 2003.
ENSURING APPROPRIATE STANDARDS FOR AIRFIELD
PAVEMENTS
Pub. L. 108–176, title VII, § 705, Dec. 12, 2003, 117 Stat.
2581, provided that:
‘‘(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall review and determine
whether the Federal Aviation Administration’s standards used to determine the appropriate thickness for
asphalt and concrete airfield pavements are in accordance with the Federal Aviation Administration’s standard 20-year-life requirement using the most up-to-date
available information on the life of airfield pavements.
If the Administrator determines that such standards
are not in accordance with that requirement, the Administrator shall make appropriate adjustments to the
Federal Aviation Administration’s standards for airfield pavements.
‘‘(b) REPORT.—Within 1 year after the date of enactment of this Act [Dec. 12, 2003], the Administrator shall
report the results of the review conducted under subsection (a) and the adjustments, if any, made on the
basis of that review to the Senate Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure and Committee on Science [now Committee on Science and Technology].’’
USE OF RECYCLED MATERIALS
Pub. L. 106–181, title I, § 157, Apr. 5, 2000, 114 Stat. 89,
provided that:
‘‘(a) STUDY.—The Administrator [of the Federal Aviation Administration] shall conduct a study of the use of

Page 874

recycled materials (including recycled pavements,
waste materials, and byproducts) in pavement used for
runways, taxiways, and aprons and the specification
standards in tests necessary for the use of recycled materials in such pavement. The primary focus of the
study shall be on the long-term physical performance,
safety implications, and environmental benefits of
using recycled materials in aviation pavement.
‘‘(b) CONTRACTING.—The Administrator may carry out
the study by entering into a contract with a university
of higher education with expertise necessary to carry
out the study.
‘‘(c) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a report on the results of the study, together with recommendations concerning the use of recycled materials in aviation pavement.
‘‘(d) FUNDING.—Of the amounts appropriated pursuant
to section 106(k) of title 49, United States Code, not to
exceed $1,500,000 may be used to carry out this section.’’
AIRFIELD PAVEMENT CONDITIONS
Pub. L. 106–181, title I, § 160, Apr. 5, 2000, 114 Stat. 90,
provided that:
‘‘(a) EVALUATION OF OPTIONS.—The Administrator [of
the Federal Aviation Administration] shall evaluate
options for improving the quality of information available to the Federal Aviation Administration on airfield
pavement conditions for airports that are part of the
national air transportation system, including—
‘‘(1) improving the existing runway condition information contained in the airport safety data program
by reviewing and revising rating criteria and providing increased training for inspectors;
‘‘(2) requiring such airports to submit pavement
condition index information as part of their airport
master plan or as support in applications for airport
improvement grants; and
‘‘(3) requiring all such airports to submit pavement
condition index information on a regular basis and
using this information to create a pavement condition database that could be used in evaluating the
cost-effectiveness of project applications and forecasting anticipated pavement needs.
‘‘(b) REPORT TO CONGRESS.—Not later than 12 months
after the date of the enactment of this Act [Apr. 5,
2000], the Administrator shall transmit a report containing an evaluation of the options described in subsection (a) to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.’’
PILOT PROGRAM TO PERMIT COST-SHARING OF AIR
TRAFFIC MODERNIZATION PROJECTS
Pub. L. 106–181, title III, § 304, Apr. 5, 2000, 114 Stat.
122, provided that:
‘‘(a) PURPOSE.—It is the purpose of this section to improve aviation safety and enhance mobility of the Nation’s air transportation system by encouraging nonFederal investment on a pilot program basis in critical
air traffic control facilities and equipment.
‘‘(b) IN GENERAL.—Subject to the requirements of this
section, the Secretary [of Transportation] shall carry
out a pilot program under which the Secretary may
make grants to project sponsors for not more than 10
eligible projects.
‘‘(c) FEDERAL SHARE.—The Federal share of the cost
of an eligible project carried out under the program
shall not exceed 33 percent. The non-Federal share of
the cost of an eligible project shall be provided from
non-Federal sources, including revenues collected pursuant to section 40117 of title 49, United States Code.
‘‘(d) LIMITATION ON GRANT AMOUNTS.—No eligible
project may receive more than $15,000,000 under the
program.
‘‘(e) FUNDING.—The Secretary shall use amounts appropriated under section 48101(a) of title 49, United

Page 875

TITLE 49—TRANSPORTATION

States Code, for fiscal years 2001 through 2003 to carry
out the program.
‘‘(f) DEFINITIONS.—In this section, the following definitions apply:
‘‘(1) ELIGIBLE PROJECT.—The term ‘eligible project’
means a project relating to the Nation’s air traffic
control system that is certified or approved by the
Administrator [of the Federal Aviation Administration] and that promotes safety, efficiency, or mobility. Such projects may include—
‘‘(A) airport-specific air traffic facilities and
equipment, including local area augmentation systems, instrument landings systems, weather and
wind shear detection equipment, lighting improvements, and control towers;
‘‘(B) automation tools to effect improvements in
airport capacity, including passive final approach
spacing tools and traffic management advisory
equipment; and
‘‘(C) facilities and equipment that enhance airspace control procedures, including consolidation of
terminal radar control facilities and equipment, or
assist in en route surveillance, including oceanic
and offshore flight tracking.
‘‘(2) PROJECT SPONSOR.—The term ‘project sponsor’
means a public-use airport or a joint venture between
a public-use airport and one or more air carriers.
‘‘(g) TRANSFERS OF EQUIPMENT.—Notwithstanding any
other provision of law, project sponsors may transfer,
without consideration, to the Federal Aviation Administration, facilities, equipment, and automation tools,
the purchase of which was assisted by a grant made
under this section. The Administration shall accept
such facilities, equipment, and automation tools, which
shall thereafter be operated and maintained by the Administration in accordance with criteria of the Administration.
‘‘(h) GUIDELINES.—Not later than 90 days after the
date of the enactment of this Act [Apr. 5, 2000], the Administrator shall issue advisory guidelines on the implementation of the program.’’
AIRCRAFT DISPATCHERS
Pub. L. 106–181, title V, § 516, Apr. 5, 2000, 114 Stat. 145,
provided that:
‘‘(a) STUDY.—The Administrator [of the Federal Aviation Administration] shall conduct a study of the role
of aircraft dispatchers in enhancing aviation safety.
‘‘(b) CONTENTS.—The study shall include an assessment of whether or not aircraft dispatchers should be
required for those operations not presently requiring
aircraft dispatcher assistance, operational control issues related to the aircraft dispatching functions, and
whether or not designation of positions within the Federal Aviation Administration for oversight of dispatchers would enhance aviation safety.
‘‘(c) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a report on the results of the study conducted under this section.’’
OCCUPATIONAL INJURIES OF AIRPORT WORKERS
Pub. L. 106–181, title V, § 520, Apr. 5, 2000, 114 Stat. 149,
provided that:
‘‘(a) STUDY.—The Administrator [of the Federal Aviation Administration] shall conduct a study to determine the number of persons working at airports who
are injured or killed as a result of being struck by a
moving vehicle while on an airport tarmac, the seriousness of the injuries to such persons, and whether or not
reflective safety vests or other actions should be required to enhance the safety of such workers.
‘‘(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a report on the results of the study conducted under this section.’’
ALKALI SILICA REACTIVITY DISTRESS
Pub. L. 106–181, title VII, § 743, Apr. 5, 2000, 114 Stat.
175, provided that:

§ 44506

‘‘(a) IN GENERAL.—The Administrator [of the Federal
Aviation Administration] may conduct a study on the
impact of alkali silica reactivity distress on airport
runways and taxiways and the use of lithium salts and
other alternatives for mitigation and prevention of
such distress. The study shall include a determination
based
on
in-the-field
inspections
followed
by
petrographic analysis or other similar techniques.
‘‘(b) AUTHORITY TO MAKE GRANTS.—The Administrator may carry out the study by making a grant to,
or entering into a cooperative agreement with, a nonprofit organization for the conduct of all or a part of
the study.
‘‘(c) REPORT.—Not later than 18 months after the date
of initiation of the study under subsection (a), the Administrator shall transmit to Congress a report on the
results of the study.’’
RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS
Pub. L. 108–176, title VII, § 704, Dec. 12, 2003, 117 Stat.
2581, provided that:
‘‘(a) CONTINUATION OF PROGRAM.—The Administrator
of the Federal Aviation Administration shall continue
the program to consider awards to nonprofit concrete
and asphalt pavement research foundations to improve
the design, construction, rehabilitation, and repair of
airfield pavements to aid in the development of safer,
more cost effective, and more durable airfield pavements.
‘‘(b) USE OF GRANTS OR COOPERATIVE AGREEMENTS.—
The Administrator may use grants or cooperative
agreements in carrying out this section.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section requires the Administrator to prioritize an airfield
pavement research program above safety, security,
Flight 21, environment, or energy research programs.’’
Pub. L. 106–181, title IX, § 905, Apr. 5, 2000, 114 Stat.
196, provided that: ‘‘The Administrator [of the Federal
Aviation Administration] shall consider awards to nonprofit concrete pavement research foundations to improve the design, construction, rehabilitation, and repair of rigid concrete airfield pavements to aid in the
development of safer, more cost-effective, and durable
airfield pavements. The Administrator may use a grant
or cooperative agreement for this purpose. Nothing in
this section shall require the Administrator to prioritize an airfield pavement research program above safety, security, Flight 21, environment, or energy research
programs.’’

§ 44506. Air traffic controllers
(a) RESEARCH ON EFFECT OF AUTOMATION ON
PERFORMANCE.—To develop the means necessary
to establish appropriate selection criteria and
training methodologies for the next generation
of air traffic controllers, the Administrator of
the Federal Aviation Administration shall conduct research to study the effect of automation
on the performance of the next generation of air
traffic controllers and the air traffic control
system. The research shall include investigating—
(1) methods for improving and accelerating
future air traffic controller training through
the application of advanced training techniques, including the use of simulation technology;
(2) the role of automation in the air traffic
control system and its physical and psychological effects on air traffic controllers;
(3) the attributes and aptitudes needed to
function well in a highly automated air traffic
control system and the development of appropriate testing methods for identifying individuals with those attributes and aptitudes;
(4) innovative methods for training potential
air traffic controllers to enhance the benefits

§ 44506

TITLE 49—TRANSPORTATION

of automation and maximize the effectiveness
of the air traffic control system; and
(5) new technologies and procedures for exploiting automated communication systems,
including Mode S Transponders, to improve information transfers between air traffic controllers and aircraft pilots.
(b) RESEARCH ON HUMAN FACTOR ASPECTS OF
AUTOMATION.—The Administrators of the Federal Aviation Administration and National
Aeronautics and Space Administration may
make an agreement for the use of the National
Aeronautics and Space Administration’s unique
human factor facilities and expertise in conducting research activities to study the human factor aspects of the highly automated environment for the next generation of air traffic controllers. The research activities shall include investigating—
(1) human perceptual capabilities and the effect of computer-aided decision making on the
workload and performance of air traffic controllers;
(2) information management techniques for
advanced air traffic control display systems;
and
(3) air traffic controller workload and performance measures, including the development of predictive models.
(c) COLLEGIATE TRAINING INITIATIVE.—(1) The
Administrator of the Federal Aviation Administration may maintain the Collegiate Training
Initiative program by making new agreements
and continuing existing agreements with institutions of higher education (as defined by the
Administrator) under which the institutions
prepare students for the position of air traffic
controller with the Department of Transportation (as defined in section 2109 of title 5). The
Administrator may establish standards for the
entry of institutions into the program and for
their continued participation.
(2)(A) The Administrator of the Federal Aviation Administration may appoint an individual
who has successfully completed a course of
training in a program described in paragraph (1)
of this subsection to the position of air traffic
controller noncompetitively in the excepted
service (as defined in section 2103 of title 5). An
individual appointed under this paragraph
serves at the pleasure of the Administrator, subject to section 7511 of title 5. However, an appointment under this paragraph may be converted from one in the excepted service to a career conditional or career appointment in the
competitive civil service (as defined in section
2102 of title 5) when the individual achieves full
performance level air traffic controller status,
as decided by the Administrator.
(B) The authority under subparagraph (A) of
this paragraph to make appointments in the excepted service expires on October 6, 1997, except
that the Administrator of the Federal Aviation
Administration may extend the authority for
one or more successive one-year periods.
(d) STAFFING REPORT.—The Administrator of
the Federal Aviation Administration shall submit annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce,

Page 876

Science, and Transportation of the Senate a report containing—
(1) the staffing standards used to determine
the number of air traffic controllers needed to
operate the air traffic control system of the
United States;
(2) a 3-year projection of the number of controllers needed to be employed to operate the
system to meet the standards; and
(3) a detailed plan for employing the controllers, including projected budget requests.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1178;
Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44506(a), (b)

49 App.:1353 (note).

44506(c) ......

49 App.:1348a.

44506(d) ......

49 App.:1348 (note).

Source (Statutes at Large)
Nov. 3, 1988, Pub. L. 100–591,
§ 8(a)–(c), 102 Stat. 3015;
Nov. 17, 1988, Pub. L.
100–685, §§ 601–603, 102 Stat.
4102.
Oct. 6, 1992, Pub. L. 102–388,
§ 362, 106 Stat. 1560.
Oct. 31, 1992, Pub. L. 102–581,
§ 120, 106 Stat. 4884.

In subsections (a) and (b), the text of section 8(a) and
(b)(3) of the Aviation Safety Research Act of 1988 (Public Law 100–581, 102 Stat. 3015, 3016) and sections 601 and
602(3) of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (Public
Law 100–685, 102 Stat. 4102, 4103) is omitted as executed.
In subsection (c), the words ‘‘institutions of higher
education’’ are substituted for ‘‘post-secondary educational institutions’’ for consistency in the revised
title.
AMENDMENTS
1996—Subsec. (d). Pub. L. 104–287 substituted ‘‘Transportation and Infrastructure’’ for ‘‘Public Works and
Transportation’’.
CONTROLLER STAFFING
Pub. L. 111–117, div. A, title I, Dec. 16, 2009, 123 Stat.
3039, provided in part: ‘‘That not later than March 31 of
each fiscal year hereafter, the Administrator of the
Federal Aviation Administration shall transmit to
Congress an annual update to the report submitted to
Congress in December 2004 pursuant to section 221 of
Public Law 108–176 [set out below]’’.
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 111–8, div. I, title I, Mar. 11, 2009, 123 Stat. 918.
Pub. L. 110–161, div. K, title I, Dec. 26, 2007, 121 Stat.
2378.
Pub. L. 108–176, title II, § 221, Dec. 12, 2003, 117 Stat.
2526, provided that:
‘‘(a) ANNUAL REPORT.—Beginning with the submission
of the Budget of the United States to the Congress for
fiscal year 2005, the Administrator of the Federal Aviation Administration shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on
Transportation and Infrastructure that describes the
overall air traffic controller staffing plan, including
strategies to address anticipated retirement and replacement of air traffic controllers.
‘‘(b) HUMAN CAPITAL WORKFORCE STRATEGY.—
‘‘(1) DEVELOPMENT.—The Administrator shall develop a comprehensive human capital workforce
strategy to determine the most effective method for
addressing the need for more air traffic controllers
that is identified in the June 2002 report of the General Accounting Office [now Government Accountability Office].
‘‘(2) COMPLETION DATE.—Not later than 1 year after
the date of enactment of this Act [Dec. 12, 2003], the

Page 877

TITLE 49—TRANSPORTATION

Administrator shall complete development of the
strategy.
‘‘(3) REPORT.—Not later than 30 days after the date
on which the strategy is completed, the Administrator shall transmit to Congress a report describing
the strategy.’’

§ 44507. Civil aeromedical research
The Civil Aeromedical Institute established by
section 106(j) of this title may—
(1) conduct civil aeromedical research, including research related to—
(A) the protection and survival of aircraft
occupants;
(B) medical accident investigation and airman medical certification;
(C) toxicology and the effects of drugs on
human performance;
(D) the impact of disease and disability on
human performance;
(E) vision and its relationship to human
performance and equipment design;
(F) human factors of flight crews, air traffic controllers, mechanics, inspectors, airway facility technicians, and other individuals involved in operating and maintaining
aircraft and air traffic control equipment;
and
(G) agency work force optimization, including training, equipment design, reduction of errors, and identification of candidate tasks for automation;

§ 44508

(A) provide advice and recommendations to
the Administrator of the Federal Aviation Administration about needs, objectives, plans,
approaches, content, and accomplishments of
the aviation research program carried out
under sections 40119, 44504, 44505, 44507,
44511–44513, and 44912 of this title;
(B) assist in ensuring that the research is
coordinated with similar research being conducted outside the Administration;
(C) review the operations of the regional
centers of air transportation excellence established under section 44513 of this title; and
(D) annually review the allocation made by
the Administrator of the amounts authorized
by section 48102(a) of this title among the
major categories of research and development
activities carried out by the Administration
and provide advice and recommendations to
the Administrator on whether such allocation
is appropriate to meet the needs and objectives identified under subparagraph (A).

§ 44508. Research advisory committee

(2) The Administrator may establish subordinate committees to provide advice on specific
areas of research conducted under sections 40119,
44504, 44505, 44507, 44511–44513, and 44912 of this
title.
(b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.—
(1) The committee is composed of not more than
30 members appointed by the Administrator
from among individuals who are not employees
of the Administration and who are specially
qualified to serve on the committee because of
their education, training, or experience. In appointing members of the committee, the Administrator shall ensure that the regional centers of
air transportation excellence, universities, corporations, associations, consumers, and other
departments, agencies, and instrumentalities of
the United States Government are represented.
(2) The Administrator shall designate the
chairman of the committee.
(3) A member of the committee serves without
pay. However, the Administrator may allow a
member, when attending meetings of the committee or a subordinate committee, expenses as
authorized under section 5703 of title 5.
(c) SUPPORT STAFF, INFORMATION, AND SERVICES.—The Administrator shall provide support
staff for the committee. On request of the committee, the Administrator shall provide information, administrative services, and supplies
that the Administrator considers necessary for
the committee to carry out its duties and powers.
(d) NONAPPLICATION.—Section 14 of the Federal
Advisory Committee Act (5 App. U.S.C.) does
not apply to the committee.
(e) USE AND LIMITATION OF AMOUNTS.—(1) Not
more than .1 percent of the amounts made available to conduct research under sections 40119,
44504, 44505, 44507, 44511–44513, and 44912 of this
title may be used by the Administrator to carry
out this section.
(2) A limitation on amounts available for obligation by or for the committee does not apply to
amounts made available to carry out this section.

(a) ESTABLISHMENT AND DUTIES.—(1) There is a
research advisory committee in the Federal
Aviation Administration. The committee shall—

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1180;
Pub. L. 104–264, title XI, § 1104, Oct. 9, 1996, 110
Stat. 3279.)

(2) make comments to the Administrator of
the Federal Aviation Administration on
human factors aspects of proposed air safety
regulations;
(3) make comments to the Administrator on
human factors aspects of proposed training
programs, equipment requirements, standards,
and procedures for aviation personnel;
(4) advise, assist, and represent the Federal
Aviation Administration in the human factors
aspects of joint projects between the Administration and the National Aeronautics and
Space Administration, other departments,
agencies, and instrumentalities of the United
States Government, industry, and governments of foreign countries; and
(5) provide medical consultation services to
the Administrator about medical certification
of airmen.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1179.)
HISTORICAL AND REVISION NOTES
Revised
Section
44507 ..........

Source (U.S. Code)
49 App.:1353(e).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 312(e); added
Nov. 3, 1988, Pub. L.
100–591, § 5(b), 102 Stat.
3013.

In clause (4), the words ‘‘departments, agencies, and
instrumentalities of the United States Government’’
are substituted for ‘‘Government agencies’’ for consistency in the revised title and with other titles of the
United States Code.

§ 44509

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section

Source (U.S. Code)

44508(a)(1) ..

49 App.:1353(f)(1),
(2).

44508(a)(2) ..

49 App.:1353(f)(6)
(last sentence).
49 App.:1353(f)(3)–(5).
49 App.:1353(f)(6)
(1st sentence), (7).
49 App.:1353(f)(8).
49 App.:1353(f)(9).

44508(b) ......
44508(c) ......
44508(d) ......
44508(e) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 312(f); added
Nov. 3, 1988, Pub. L.
100–591, § 6, 102 Stat. 3013;
Nov. 5, 1990, Pub. L.
101–508, § 9209(b), 104 Stat.
1388–377.

In subsection (a)(1), before clause (A), the words
‘‘There is a’’ are substituted for ‘‘Not later than 180
days after November 3, 1988, the Administrator shall establish’’ to eliminate obsolete words. In clause (C), the
words ‘‘operations of’’ are substituted for ‘‘research and
training to be carried out by’’ for consistency with section 44513 of the revised title.
In subsection (a)(2), the words ‘‘to the advisory committee’’ are omitted as surplus.
In subsection (b)(1), the words ‘‘departments, agencies, and instrumentalities’’ are substituted for ‘‘agencies’’ for consistency in the revised title and with other
titles of the United States Code.
In subsection (b)(3), the words ‘‘travel or transportation’’ are omitted as surplus.
In subsection (e), the words ‘‘for fiscal years beginning after September 30, 1988’’ are omitted as obsolete.

ment’s share of the allowable direct costs of the
following categories of items to the extent that
the items are in support of airway science curricula:
(1) the construction, purchase, or lease with
an option to purchase, of buildings and associated facilities.
(2) instructional material and equipment.
(b) COST GUIDELINES.—The Administrator shall
establish guidelines to determine the direct
costs allowable under a grant to be made under
this section. The Government’s share of the allowable cost of a project assisted by a grant
under this section may not be more than 65 percent.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1181.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44510(a) ......

49 App.:1354a (1st
sentence).

44510(b) ......

49 App.:1354a (3d,
last sentences).

REFERENCES IN TEXT
Section 14 of the Federal Advisory Committee Act,
referred to in subsec. (d), is section 14 of Pub. L. 92–463,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
AMENDMENTS
1996—Subsec. (a)(1)(D). Pub. L. 104–264 added subpar.
(D).
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 44509. Demonstration projects
The Secretary of Transportation may carry
out under this chapter demonstration projects
that the Secretary considers necessary for research and development activities under this
chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1181.)
HISTORICAL AND REVISION NOTES
Revised
Section
44509 ..........

Source (U.S. Code)
49 App.:2205(b)(1).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 506(b)(1), 96 Stat. 678; restated Dec. 30, 1987, Pub.
L. 100–223, § 105(b)(1), 101
Stat. 1490.

§ 44510. Airway science curriculum grants
(a) GENERAL AUTHORITY.—The Administrator
of the Federal Aviation Administration may
make competitive grant agreements with institutions of higher education having airway
science curricula for the United States Govern-

Page 878

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–516,
(1st sentence last proviso,
3d, last sentences in par.
under heading ‘‘Facilities
and
Equipment’’),
104
Stat. 2160.
Oct. 28, 1991, Pub. L. 102–143,
(1st sentence last proviso,
3d, last sentences in par.
under heading ‘‘Facilities
and
Equipment’’),
105
Stat. 922.
Oct. 6, 1992, Pub. L. 102–388,
(1st sentence last proviso,
3d, last sentences in par.
under heading ‘‘Facilities
and
Equipment’’),
106
Stat. 1525.

In subsection (a), before clause (1), the words ‘‘With
appropriations made for the Airway Science Program,
as authorized below in this section’’ are omitted as unnecessary because of section 48106 of the revised title.
In subsection (b), the proviso is omitted as executed.

§ 44511. Aviation research grants
(a) GENERAL AUTHORITY.—The Administrator
of the Federal Aviation Administration may
make grants to institutions of higher education
and nonprofit research organizations to conduct
aviation research in areas the Administrator
considers necessary for the long-term growth of
civil aviation.
(b) APPLICATIONS.—An institution of higher
education or nonprofit research organization interested in receiving a grant under this section
may submit an application to the Administrator. The application must be in the form and
contain the information the Administrator requires.
(c) SOLICITATION, REVIEW, AND EVALUATION
PROCESS.—The Administrator shall establish a
solicitation, review, and evaluation process that
ensures—
(1) providing grants under this section for
proposals having adequate merit and relevancy to the mission of the Administration;
(2) a fair geographical distribution of grants
under this section; and
(3) the inclusion of historically black institutions of higher education and other minority nonprofit research organizations for grant
consideration under this section.

Page 879

(d) RECORDS.—Each person receiving a grant
under this section shall maintain records that
the Administrator requires as being necessary
to facilitate an effective audit and evaluation of
the use of money provided under the grant.
(e) ANNUAL REPORT.—The Administrator shall
submit an annual report to the Committee on
Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on carrying out this section.
(f) AIRPORT COOPERATIVE RESEARCH PROGRAM.—
(1) ESTABLISHMENT.—The Secretary of Transportation shall establish a 4-year pilot airport
cooperative research program to—
(A) identify problems that are shared by
airport operating agencies and can be solved
through applied research but that are not
being adequately addressed by existing Federal research programs; and
(B) fund research to address those problems.
(2) GOVERNANCE.—The Secretary of Transportation shall appoint an independent governing board for the research program established under this subsection. The governing
board shall be appointed from candidates nominated by national associations representing
public airport operating agencies, airport executives, State aviation officials, and the
scheduled airlines, and shall include representatives of appropriate Federal agencies. Section
14 of the Federal Advisory Committee Act
shall not apply to the governing board.
(3) IMPLEMENTATION.—The Secretary of
Transportation shall enter into an arrangement with the National Academy of Sciences
to provide staff support to the governing board
established under paragraph (2) and to carry
out projects proposed by the governing board
that the Secretary considers appropriate.
(4) REPORT.—Not later than 6 months after
the expiration of the program under this subsection, the Secretary shall transmit to the
Congress a report on the program, including
recommendations as to the need for establishing a permanent airport cooperative research
program.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1181;
Pub. L. 104–287, § 5(74), Oct. 11, 1996, 110 Stat.
3396; Pub. L. 108–176, title VII, § 712, Dec. 12, 2003,
117 Stat. 2586.)
HISTORICAL AND REVISION NOTES
Revised
Section
44511 ..........

§ 44513

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1353(g).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 312(g); added
Nov. 5, 1990, Pub. L.
101–508, § 9205(a), 104 Stat.
1388–373.

In this section, the words ‘‘institutions of higher education’’ and ‘‘institution of higher education’’ are substituted for ‘‘colleges, universities’’, ‘‘university, college’’, and ‘‘colleges and universities’’ for consistency
in the revised title.
In subsection (c), the words ‘‘providing grants’’ are
substituted for ‘‘the funding’’, the word ‘‘grants’’ is
substituted for ‘‘grant funds’’, and the words ‘‘grant
consideration’’ are substituted for ‘‘funding consideration’’, for consistency in the revised title.

In subsection (d), the words ‘‘money provided under
the grant’’ are substituted for ‘‘grant funds’’ for consistency.
REFERENCES IN TEXT
Section 14 of the Federal Advisory Committee Act,
referred to in subsec. (f)(2), is section 14 of Pub. L.
92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.
AMENDMENTS
2003—Subsec. (f). Pub. L. 108–176 added subsec. (f).
1996—Subsec. (e). Pub. L. 104–287 substituted ‘‘Committee on Science’’ for ‘‘Committee on Science, Space,
and Technology’’.
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

§ 44512. Catastrophic failure prevention research
grants
(a) GENERAL AUTHORITY.—The Administrator
of the Federal Aviation Administration may
make grants to institutions of higher education
and nonprofit research organizations—
(1) to conduct aviation research related to
the development of technologies and methods
to assess the risk of, and prevent, defects, failures, and malfunctions of products, parts,
processes, and articles manufactured for use in
aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic
failure of an aircraft; and
(2) to establish centers of excellence for continuing the research.
(b) SOLICITATION, APPLICATION, REVIEW, AND
EVALUATION PROCESS.—The Administrator shall
establish a solicitation, application, review, and
evaluation process that ensures providing grants
under this section for proposals having adequate
merit and relevancy to the research described in
subsection (a) of this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1182.)
HISTORICAL AND REVISION NOTES
Revised
Section
44512 ..........

Source (U.S. Code)
49 App.:1353(h).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 312(h); added
Nov. 5, 1990, Pub. L.
101–508, § 9208(b), 104 Stat.
1388–376.

In this section, the words ‘‘institutions of higher education’’ are substituted for ‘‘colleges, universities’’ for
consistency in the revised title.
In subsection (b), the words ‘‘providing grants’’ are
substituted for ‘‘the funding’’ for consistency in the revised title.

§ 44513. Regional centers of air transportation
excellence
(a) GENERAL AUTHORITY.—The Administrator
of the Federal Aviation Administration may

§ 44514

TITLE 49—TRANSPORTATION

make grants to institutions of higher education
to establish and operate regional centers of air
transportation excellence. The locations shall be
distributed in a geographically fair way.
(b) RESPONSIBILITIES.—(1) The responsibilities
of each center established under this section
shall include—
(A) conducting research on—
(i) airspace and airport planning and design;
(ii) airport capacity enhancement techniques;
(iii) human performance in the air transportation environment;
(iv) aviation safety and security;
(v) the supply of trained air transportation
personnel, including pilots and mechanics;
and
(vi) other aviation issues related to developing and maintaining a safe and efficient
air transportation system; and
(B) interpreting, publishing, and disseminating the results of the research.
(2) In conducting research described in paragraph (1)(A) of this subsection, each center may
make contracts with nonprofit research organizations and other appropriate persons.
(c) APPLICATIONS.—An institution of higher
education interested in receiving a grant under
this section may submit an application to the
Administrator. The application must be in the
form and contain the information that the Administrator requires by regulation.
(d) SELECTION CRITERIA.—The Administrator
shall select recipients of grants under this section on the basis of the following criteria:
(1) the extent to which the needs of the
State in which the applicant is located are
representative of the needs of the region for
improved air transportation services and facilities.
(2) the demonstrated research and extension
resources available to the applicant to carry
out this section.
(3) the ability of the applicant to provide
leadership in making national and regional
contributions to the solution of both longrange and immediate air transportation problems.
(4) the extent to which the applicant has an
established air transportation program.
(5) the demonstrated ability of the applicant
to disseminate results of air transportation research and educational programs through a
statewide or regionwide continuing education
program.
(6) the projects the applicant proposes to
carry out under the grant.
(e) EXPENDITURE AGREEMENTS.—A grant may
be made under this section in a fiscal year only
if the recipient makes an agreement with the
Administrator that the Administrator requires
to ensure that the recipient will maintain its
total expenditures from all other sources for establishing and operating the center and related
research activities at a level at least equal to
the average level of those expenditures in the 2
fiscal years of the recipient occurring immediately before November 5, 1990.
(f) GOVERNMENT’S SHARE OF COSTS.—The
United States Government’s share of a grant

Page 880

under this section is 50 percent of the costs of
establishing and operating the center and related research activities that the grant recipient
carries out.
(g) ALLOCATING AMOUNTS.—The Administrator
shall allocate amounts made available to carry
out this section in a geographically fair way.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1182.)
HISTORICAL AND REVISION NOTES
Revised
Section
44513 ..........

Source (U.S. Code)
49 App.:1353(i).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 312(i); added
Nov. 5, 1990, Pub. L.
101–508, § 9209(a), 104 Stat.
1388–376.

In this section, the words ‘‘institutions of higher education’’ and ‘‘institution of higher education’’ are substituted for ‘‘colleges or universities’’ and ‘‘college or
university’’ for consistency in the revised title.
In subsection (a), the words ‘‘one or more’’ are omitted as surplus.

§ 44514. Flight service stations
(a) HOURS OF OPERATION.—(1) The Secretary of
Transportation may close, or reduce the hours
of operation of, a flight service station in an
area only if the service provided in the area
after the closing or during the hours the station
is not in operation is provided by an automated
flight service station with at least model 1
equipment.
(2) The Secretary shall reopen a flight service
station closed after March 24, 1987, but before
July 15, 1987, as soon as practicable if the service
in the area in which the station is located has
not been provided since the closing by an automatic flight service station with at least model
1 equipment. The hours of operation for the reopened station shall be the same as were the
hours of operation for the station on March 25,
1987. After reopening the station, the Secretary
may close, or reduce the hours of operation of,
the station only as provided in paragraph (1) of
this subsection.
(b) MANNED AUXILIARY STATIONS.—The Secretary and the Administrator of the Federal
Aviation Administration shall establish a system of manned auxiliary flight service stations.
The manned auxiliary flight service stations
shall supplement the services of the planned
consolidation to 61 automated flight service stations under the flight service station modernization program. A manned auxiliary flight service
station shall be located in an area of unique
weather or operational conditions that are critical to the safety of flight.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1183.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44514(a) ......

49 App.:2224.

44514(b) ......

49 App.:1348 (notes).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 528, 96 Stat. 699; restated
Dec. 30, 1987, Pub. L.
100–223, § 113, 101 Stat.
1505.
Nov. 5, 1990, Pub. L. 101–508,
§ 9115, 104 Stat. 1388–364.
Nov. 5, 1990, Pub. L. 101–516,
§ 330(a), 104 Stat. 2184.

Page 881

TITLE 49—TRANSPORTATION

In subsection (a)(1), the words ‘‘On or after July 15,
1987’’ are omitted as obsolete.
In subsection (a)(2), the words ‘‘after December 30,
1987’’ are omitted as obsolete. The words ‘‘the date of’’
are omitted as surplus.
In subsection (b), the text of section 9115(b) of the
Omnibus Budget Reconciliation Act of 1990 (Public Law
101–508, 104 Stat. 1388–364) and section 330(a) (last sentence) of the Department of Transportation and Related Agencies Appropriations Act, 1991 (Public Law
101–516, 104 Stat. 2184) is omitted as obsolete.

§ 44515. Advanced training facilities for maintenance technicians for air carrier aircraft
(a) GENERAL AUTHORITY.—The Administrator
of the Federal Aviation Administration may
make grants to not more than 4 vocational technical educational institutions to acquire or construct facilities to be used for the advanced
training of maintenance technicians for air carrier aircraft.
(b) ELIGIBILITY.—The Administrator may
make a grant under this section to a vocational
technical educational institution only if the institution has a training curriculum that prepares aircraft maintenance technicians who hold
airframe and power plant certificates under subpart D of part 65 of title 14, Code of Federal Regulations, to maintain, without direct supervision, air carrier aircraft.
(c) LIMITATION.—A vocational technical educational institution may not receive more than
a total of $5,000,000 in grants under this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1184.)
HISTORICAL AND REVISION NOTES
Revised
Section
44515 ..........

Source (U.S. Code)
49 App.:1354 (note).

Source (Statutes at Large)
Oct., 31, 1992, Pub. L.
102–581,
§ 119(a)–(c),
106
Stat. 4883.

The words ‘‘vocational technical educational institution’’ are used throughout this section for consistency
in this section.
IMPROVEMENT OF CURRICULUM STANDARDS FOR
AVIATION MAINTENANCE TECHNICIANS
Pub. L. 108–176, title V, § 504, Dec. 12, 2003, 117 Stat.
2559, provided that:
‘‘(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall ensure that the training
standards for airframe and powerplant mechanics under
part 65 of title 14, Code of Federal Regulations, are updated and revised in accordance with this section. The
Administrator may update and revise the training
standards through the initiation of a formal rulemaking or by issuing an advisory circular or other
agency guidance.
‘‘(b) ELEMENTS FOR CONSIDERATION.—The updated and
revised standards required under subsection (a) shall
include those curriculum adjustments that are necessary to more accurately reflect current technology
and maintenance practices.
‘‘(c) CERTIFICATION.—Any adjustment or modification
of current curriculum standards made pursuant to this
section shall be reflected in the certification examinations of airframe and powerplant mechanics.
‘‘(d) COMPLETION.—The revised and updated training
standards required by subsection (a) shall be completed
not later than 12 months after the date of enactment of
this Act [Dec. 12, 2003].
‘‘(e) PERIODIC REVIEWS AND UPDATES.—The Administrator shall review the content of the curriculum

§ 44516

standards for training airframe and powerplant mechanics referred to in subsection (a) every 3 years after
completion of the revised and updated training standards required under subsection (a) as necessary to reflect current technology and maintenance practices.’’
IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT
MECHANICS
Pub. L. 106–181, title V, § 517, Apr. 5, 2000, 114 Stat. 145,
provided that: ‘‘The Administrator [of the Federal
Aviation Administration] shall form a partnership with
industry and labor to develop a model program to improve the curricula, teaching methods, and quality of
instructors for training individuals that need certification as airframe and powerplant mechanics.’’

§ 44516. Human factors program
(a) HUMAN FACTORS TRAINING.—
(1) AIR TRAFFIC CONTROLLERS.—The Administrator of the Federal Aviation Administration
shall—
(A) address the problems and concerns
raised by the National Research Council in
its report ‘‘The Future of Air Traffic Control’’ on air traffic control automation; and
(B) respond to the recommendations made
by the National Research Council.
(2) PILOTS AND FLIGHT CREWS.—The Administrator shall work with representatives of the
aviation industry and appropriate aviation
programs associated with universities to develop specific training curricula to address
critical safety problems, including problems of
pilots—
(A) in recovering from loss of control of an
aircraft, including handling unusual attitudes and mechanical malfunctions;
(B) in deviating from standard operating
procedures, including inappropriate responses to emergencies and hazardous
weather;
(C) in awareness of altitude and location
relative to terrain to prevent controlled
flight into terrain; and
(D) in landing and approaches, including
nonprecision approaches and go-around procedures.
(b) TEST PROGRAM.—The Administrator shall
establish a test program in cooperation with air
carriers to use model Jeppesen approach plates
or other similar tools to improve precision-like
landing approaches for aircraft.
(c) REPORT.—Not later than 1 year after the
date of the enactment of this section, the Administrator shall transmit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the status of the Administration’s efforts to encourage the adoption and implementation of advanced qualification programs for air carriers under this section.
(d) ADVANCED QUALIFICATION PROGRAM DEFINED.—In this section, the term ‘‘advanced
qualification program’’ means an alternative
method for qualifying, training, certifying, and
ensuring the competency of flight crews and
other commercial aviation operations personnel
subject to the training and evaluation requirements of parts 121 and 135 of title 14, Code of
Federal Regulations.

§ 44517

TITLE 49—TRANSPORTATION

(Added Pub. L. 106–181, title VII, § 713(a), Apr. 5,
2000, 114 Stat. 160.)
REFERENCES IN TEXT
The date of the enactment of this section, referred to
in subsec. (c), is the date of enactment of Pub. L.
106–181, which was approved Apr. 5, 2000.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 44517. Program to permit cost sharing of air
traffic modernization projects
(a) IN GENERAL.—Subject to the requirements
of this section, the Secretary may carry out a
program under which the Secretary may make
grants to project sponsors for not more than 10
eligible projects per fiscal year for the purpose
of improving aviation safety and enhancing mobility of the Nation’s air transportation system
by encouraging non-Federal investment in critical air traffic control equipment and software.
(b) FEDERAL SHARE.—The Federal share of the
cost of an eligible project carried out under the
program shall not exceed 33 percent. The nonFederal share of the cost of an eligible project
shall be provided from non-Federal sources, including revenues collected pursuant to section
40117.
(c) LIMITATION ON GRANT AMOUNTS.—No eligible project may receive more than $5,000,000 in
Federal funds under the program.
Secretary
shall
use
(d)
FUNDING.—The
amounts appropriated under section 48101(a) to
carry out the program.
(e) DEFINITIONS.—In this section, the following
definitions apply:
(1) ELIGIBLE PROJECT.—The term ‘‘eligible
project’’ means a project to purchase equipment or software relating to the Nation’s air
traffic control system that is certified or approved by the Administrator of the Federal
Aviation Administration and that promotes
safety, efficiency, or mobility. Such projects
may include—
(A) airport-specific air traffic facilities
and equipment, including local area augmentation systems, instrument landing systems, weather and wind shear detection
equipment, and lighting improvements;
(B) automation tools to effect improvements in airport capacity, including passive
final approach spacing tools and traffic management advisory equipment; and
(C) equipment and software that enhance
airspace control procedures or assist in en
route surveillance, including oceanic and
offshore flight tracking.
(2) PROJECT SPONSOR.—The term ‘‘project
sponsor’’ means any major user of the national
airspace system, as determined by the Secretary, including a public-use airport or a
joint venture between a public-use airport and
one or more air carriers.
(f) TRANSFERS OF EQUIPMENT.—Notwithstanding any other provision of law, and upon agreement by the Administrator, a project sponsor
may transfer, without consideration, to the Fed-

Page 882

eral Aviation Administration, facilities, equipment, or automation tools, the purchase of
which was assisted by a grant made under this
section, if such facilities, equipment or tools
meet Federal Aviation Administration operation and maintenance criteria.
(g) GUIDELINES.—The Administrator shall
issue advisory guidelines on the implementation
of the program. The guidelines shall not be subject to administrative rulemaking requirements
under subchapter II of chapter 5 of title 5.
(Added Pub. L. 108–176, title I, § 183(a), Dec. 12,
2003, 117 Stat. 2516.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

CHAPTER 447—SAFETY REGULATION
Sec.

44701.
44702.
44703.
44704.

44705.
44706.
44707.
44708.
44709.
44710.
44711.
44712.
44713.
44714.
44715.
44716.
44717.
44718.
44719.
44720.
44721.
44722.
44723.
44724.
44725.
44726.
44727.
44728.
44729.

General requirements.
Issuance of certificates.
Airman certificates.
Type certificates, production certificates, airworthiness certificates, and design organization certificates.
Air carrier operating certificates.
Airport operating certificates.
Examining and rating air agencies.
Inspecting and rating air navigation facilities.
Amendments, modifications, suspensions, and
revocations of certificates.
Revocations of airman certificates for controlled substance violations.
Prohibitions and exemption.
Emergency locator transmitters.
Inspection and maintenance.
Aviation fuel standards.
Controlling aircraft noise and sonic boom.
Collision avoidance systems.
Aging aircraft.
Structures interfering with air commerce.
Standards for navigational aids.
Meteorological services.
Aeronautical charts and related products and
services.
Aircraft operations in winter conditions.
Annual report.
Manipulation of flight controls.
Life-limited aircraft parts.
Denial and revocation of certificate for counterfeit parts violations.
Runway safety areas.
Flight attendant certification.
Age standards for pilots.
AMENDMENTS

2007—Pub. L. 110–135, § 2(b), Dec. 13, 2007, 121 Stat.
1452, added item 44729.
2003—Pub. L. 108–176, title II, § 227(e)(2), title V,
§ 502(b), title VIII, § 814(b), Dec. 12, 2003, 117 Stat. 2532,
2557, 2592, substituted ‘‘Type certificates, production
certificates, airworthiness certificates, and design organization certificates’’ for ‘‘Type certificates, production certificates, and airworthiness certificates’’ in
item 44704 and added items 44727 and 44728.
2000—Pub. L. 106–181, title V, §§ 504(c), 505(a)(2), title
VI, § 603(b), Apr. 5, 2000, 114 Stat. 134, 136, 152, substituted ‘‘Aeronautical charts and related products and
services’’ for ‘‘Aeronautical maps and charts’’ in item
44721 and added items 44725 and 44726.
1996—Pub. L. 104–264, title VI, § 602(a)(2), Oct. 9, 1996,
110 Stat. 3264, added item 44724.

Page 883

TITLE 49—TRANSPORTATION

§ 44701. General requirements
(a) PROMOTING SAFETY.—The Administrator of
the Federal Aviation Administration shall promote safe flight of civil aircraft in air commerce
by prescribing—
(1) minimum standards required in the interest of safety for appliances and for the design,
material, construction, quality of work, and
performance of aircraft, aircraft engines, and
propellers;
(2) regulations and minimum standards in
the interest of safety for—
(A) inspecting, servicing, and overhauling
aircraft, aircraft engines, propellers, and appliances;
(B) equipment and facilities for, and the
timing and manner of, the inspecting, servicing, and overhauling; and
(C) a qualified private person, instead of an
officer or employee of the Administration,
to examine and report on the inspecting,
servicing, and overhauling;
(3) regulations required in the interest of
safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including the reserve supply
of fuel and oil carried in flight;
(4) regulations in the interest of safety for
the maximum hours or periods of service of
airmen and other employees of air carriers;
and
(5) regulations and minimum standards for
other practices, methods, and procedure the
Administrator finds necessary for safety in air
commerce and national security.
(b) PRESCRIBING MINIMUM SAFETY STANDARDS.—The Administrator may prescribe mini-

§ 44701

(1) IN GENERAL.—Notwithstanding the provisions of this chapter, the Administrator, pursuant to Article 83 bis of the Convention on
International Civil Aviation and by a bilateral
agreement with the aeronautical authorities
of another country, may exchange with that
country all or part of their respective functions and duties with respect to registered aircraft under the following articles of the Convention: Article 12 (Rules of the Air); Article
31 (Certificates of Airworthiness); or Article
32a (Licenses of Personnel).
(2) RELINQUISHMENT AND ACCEPTANCE OF RESPONSIBILITY.—The Administrator relinquishes
responsibility with respect to the functions
and duties transferred by the Administrator as
specified in the bilateral agreement, under the
Articles listed in paragraph (1) for United
States-registered aircraft described in paragraph (4)(A) transferred abroad and accepts responsibility with respect to the functions and
duties under those Articles for aircraft registered abroad and described in paragraph
(4)(B) that are transferred to the United
States.
(3) CONDITIONS.—The Administrator may
predicate, in the agreement, the transfer of
functions and duties under this subsection on
any conditions the Administrator deems necessary and prudent, except that the Administrator may not transfer responsibilities for
United States registered aircraft described in
paragraph (4)(A) to a country that the Administrator determines is not in compliance with
its obligations under international law for the
safety oversight of civil aviation.

mum safety standards for—
(1) an air carrier to whom a certificate is issued under section 44705 of this title; and
(2) operating an airport serving any passenger operation of air carrier aircraft designed for at least 31 passenger seats.

(4) REGISTERED AIRCRAFT DEFINED.—In this
subsection, the term ‘‘registered aircraft’’
means—

(c) REDUCING AND ELIMINATING ACCIDENTS.—
The Administrator shall carry out this chapter
in a way that best tends to reduce or eliminate
the possibility or recurrence of accidents in air
transportation. However, the Administrator is
not required to give preference either to air
transportation or to other air commerce in carrying out this chapter.
(d) CONSIDERATIONS AND CLASSIFICATION OF
REGULATIONS AND STANDARDS.—When prescribing a regulation or standard under subsection (a)
or (b) of this section or any of sections
44702–44716 of this title, the Administrator
shall—
(1) consider—
(A) the duty of an air carrier to provide
service with the highest possible degree of
safety in the public interest; and
(B) differences between air transportation
and other air commerce; and

(B) aircraft registered in a foreign country
and operated under an agreement for the
lease, charter, or interchange of the aircraft
or any similar arrangement by an operator
that has its principal place of business or, if
it has no such place of business, its permanent residence in the United States.

(2) classify a regulation or standard appropriate to the differences between air transportation and other air commerce.
(e) BILATERAL EXCHANGES OF SAFETY OVERRESPONSIBILITIES.—

SIGHT

(A) aircraft registered in the United States
and operated pursuant to an agreement for
the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business
or, if it has no such place of business, its permanent residence in another country; and

(f) EXEMPTIONS.—The Administrator may
grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of
this section or any of sections 44702–44716 of this
title if the Administrator finds the exemption is
in the public interest.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1185;
Pub. L. 103–429, § 6(55), Oct. 31, 1994, 108 Stat.
4385; Pub. L. 106–181, title VII, § 714, Apr. 5, 2000,
114 Stat. 161.)

§ 44701

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES
PUB. L. 103–272

Revised
Section

Source (U.S. Code)

44701(a) ......

49 App.:1421(a).

49 App.:1655(c)(1).

44701(b) ......

44701(c) ......
44701(d) ......

44701(e) ......

49 App.:1424(a) (related to standards).
49 App.:1432(a) (related to standards).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 601(a), (b) (1st sentence
related
to
standards,
rules, and regulations,
last sentence), (c), 604(a)
(related to standards), 72
Stat. 775, 778.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 612(a) (related to standards); added
May 21, 1970, Pub. L.
91–258, § 51(b)(1), 84 Stat.
234; restated Sept. 3, 1982,
Pub. L. 97–248, § 525(a), 96
Stat. 697.

49 App.:1655(c)(1).
49 App.:1421(b) (last
sentence).
49 App.:1655(c)(1).
49 App.:1421(b) (1st
sentence related
to standards,
rules, and regulations).
49 App.:1655(c)(1).
49 App.:1421(c).
49 App.:1655(c)(1).

In this section, the word ‘‘Administrator’’ in sections
601(a)–(c) and 604 of the Federal Aviation Act of 1958
(Public Law 85–726, 72 Stat. 775, 778) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words ‘‘is empowered and it . . . be his duty to’’ and ‘‘and revising
from time to time’’ are omitted as surplus. In clause
(1), the words ‘‘as may be’’ are omitted as surplus. In
clauses (2)–(5), the words ‘‘Reasonable’’ and ‘‘reasonable’’ are omitted as surplus and the word ‘‘rules’’ is
omitted as being synonymous with ‘‘regulations’’. In
clause (5), the words ‘‘to provide adequately’’ are omitted as surplus.
In subsection (b)(1), the words ‘‘the operation of’’ are
omitted as surplus. The words ‘‘under section 44705 of
this title’’ are added for clarity.
In subsection (b)(2), the words ‘‘scheduled or unscheduled’’ are omitted as surplus.
In subsection (c), the words ‘‘carry out’’ are substituted for ‘‘exercise and perform his powers and duties under’’, and the words ‘‘in carrying out’’ are substituted for ‘‘in the administration and enforcement
of’’, for consistency and to eliminate unnecessary
words.
In subsection (d), before clause (1), the word ‘‘rules’’
is omitted as being synonymous with ‘‘regulations’’. In
clause (1), before subclause (A), the word ‘‘full’’ is omitted as surplus. In clause (1)(A), the word ‘‘provide’’ is
substituted for ‘‘perform’’ for consistency in the revised title.
In subsection (e), the words ‘‘from time to time’’ are
omitted as surplus. The word ‘‘rule’’ is omitted as being
synonymous with ‘‘regulation’’.
PUB. L. 103–429
This amends 49:44701(d) and (e) to correct erroneous
cross-references.

Page 884

Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
FAA INSPECTOR TRAINING
Pub. L. 108–176, title V, § 506, Dec. 12, 2003, 117 Stat.
2560, provided that:
‘‘(a) STUDY.—
‘‘(1) IN GENERAL.—The Comptroller General shall
conduct a study of the training of the aviation safety
inspectors of the Federal Aviation Administration (in
this section referred to as ‘FAA inspectors’).
‘‘(2) CONTENTS.—The study shall include—
‘‘(A) an analysis of the type of training provided
to FAA inspectors;
‘‘(B) actions that the Federal Aviation Administration has undertaken to ensure that FAA inspectors receive up-to-date training on the latest technologies;
‘‘(C) the extent of FAA inspector training provided by the aviation industry and whether such
training is provided without charge or on a quid pro
quo basis; and
‘‘(D) the amount of travel that is required of FAA
inspectors in receiving training.
‘‘(3) REPORT.—Not later than 1 year after the date
of enactment of this Act [Dec. 12, 2003], the Comptroller General shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on
the results of the study.
‘‘(b) SENSE OF THE HOUSE.—It is the sense of the
House of Representatives that—
‘‘(1) FAA inspectors should be encouraged to take
the most up-to-date initial and recurrent training on
the latest aviation technologies;
‘‘(2) FAA inspector training should have a direct relation to an individual’s job requirements; and
‘‘(3) if possible, a FAA inspector should be allowed
to take training at the location most convenient for
the inspector.
‘‘(c) WORKLOAD OF INSPECTORS.—
‘‘(1) STUDY BY NATIONAL ACADEMY OF SCIENCES.—Not
later than 90 days after the date of enactment of this
Act [Dec. 12, 2003], the Administrator of the Federal
Aviation Administration shall make appropriate arrangements for the National Academy of Sciences to
conduct a study of the assumptions and methods used
by the Federal Aviation Administration to estimate
staffing standards for FAA inspectors to ensure proper oversight over the aviation industry, including the
designee program.
‘‘(2) CONTENTS.—The study shall include the following:
‘‘(A) A suggested method of modifying FAA inspectors staffing models for application to current
local conditions or applying some other approach to
developing an objective staffing standard.
‘‘(B) The approximate cost and length of time for
developing such models.
‘‘(3) REPORT.—Not later than 12 months after the
initiation of the arrangements under subsection (a),
the National Academy of Sciences shall transmit to
Congress a report on the results of the study.’’

AMENDMENTS

AIR TRANSPORTATION OVERSIGHT SYSTEM

2000—Subsecs. (e), (f). Pub. L. 106–181 added subsec. (e)
and redesignated former subsec. (e) as (f).
1994—Subsecs. (d), (e). Pub. L. 103–429 substituted
‘‘any of sections 44702–44716’’ for ‘‘section 44702–44716’’.

Pub. L. 106–181, title V, § 513, Apr. 5, 2000, 114 Stat. 144,
provided that:
‘‘(a) REPORT.—Not later than August 1, 2000, the Administrator [of the Federal Aviation Administration]
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation
of the Senate a report on the progress of the Federal

EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of

Page 885

TITLE 49—TRANSPORTATION

Aviation Administration in implementing the air
transportation oversight system, including in detail
the training of inspectors under the system, the number of inspectors using the system, air carriers subject
to the system, and the budget for the system.
‘‘(b) REQUIRED CONTENTS.—At a minimum, the report
shall indicate—
‘‘(1) any funding or staffing constraints that would
adversely impact the Administration’s ability to continue to develop and implement the air transportation oversight system;
‘‘(2) progress in integrating the aviation safety data
derived from such system’s inspections with existing
aviation data of the Administration in the safety performance analysis system of the Administration; and
‘‘(3) the Administration’s efforts in collaboration
with the aviation industry to develop and validate
safety performance measures and appropriate risk
weightings for such system.
‘‘(c) UPDATE.—Not later than August 1, 2002, the Administrator shall update the report submitted under
this section and transmit the updated report to the
committees referred to in subsection (a).’’
REGULATION OF ALASKA GUIDE PILOTS
Pub. L. 106–181, title VII, § 732, Apr. 5, 2000, 114 Stat.
168, provided that:
‘‘(a) IN GENERAL.—Beginning on the date of the enactment of this Act [Apr. 5, 2000], flight operations conducted by Alaska guide pilots shall be regulated under
the general operating and flight rules contained in part
91 of title 14, Code of Federal Regulations.
‘‘(b) RULEMAKING PROCEEDING.—
‘‘(1) IN GENERAL.—The Administrator [of the Federal Aviation Administration] shall conduct a rulemaking proceeding and issue a final rule to modify
the general operating and flight rules referred to in
subsection (a) by establishing special rules applicable
to the flight operations conducted by Alaska guide
pilots.
‘‘(2) CONTENTS OF RULES.—A final rule issued by the
Administrator under paragraph (1) shall require Alaska guide pilots—
‘‘(A) to operate aircraft inspected no less often
than after 125 hours of flight time;
‘‘(B) to participate in an annual flight review, as
described in section 61.56 of title 14, Code of Federal
Regulations;
‘‘(C) to have at least 500 hours of flight time as a
pilot;
‘‘(D) to have a commercial rating, as described in
subpart F of part 61 of such title;
‘‘(E) to hold at least a second-class medical certificate, as described in subpart C of part 67 of such
title;
‘‘(F) to hold a current letter of authorization issued by the Administrator; and
‘‘(G) to take such other actions as the Administrator determines necessary for safety.
‘‘(3) CONSIDERATION.—In making a determination to
impose a requirement under paragraph (2)(G), the Administrator shall take into account the unique conditions associated with air travel in the State of Alaska to ensure that such requirements are not unduly
burdensome.
‘‘(c) DEFINITIONS.—In this section, the following definitions apply:
‘‘(1) LETTER OF AUTHORIZATION.—The term ‘letter of
authorization’ means a letter issued by the Administrator once every 5 years to an Alaska guide pilot
certifying that the pilot is in compliance with general operating and flight rules applicable to the pilot.
In the case of a multi-pilot operation, at the election
of the operating entity, a letter of authorization may
be issued by the Administrator to the entity or to
each Alaska guide pilot employed by the entity.
‘‘(2) ALASKA GUIDE PILOT.—The term ‘Alaska guide
pilot’ means a pilot who—
‘‘(A) conducts aircraft operations over or within
the State of Alaska;

§ 44701

‘‘(B) operates single engine, fixed-wing aircraft on
floats, wheels, or skis, providing commercial hunting, fishing, or other guide services and related accommodations in the form of camps or lodges; and
‘‘(C) transports clients by such aircraft incidental
to hunting, fishing, or other guide services.’’
AVIATION MEDICAL ASSISTANCE
Pub. L. 105–170, Apr. 24, 1998, 112 Stat. 47, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Aviation Medical Assistance Act of 1998’.
‘‘SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.
‘‘Not later than 1 year after the date of the enactment of this Act [Apr. 24, 1998], the Administrator of
the Federal Aviation Administration shall reevaluate
regulations regarding: (1) the equipment required to be
carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants
in the use of such equipment, and, if the Administrator
determines that such regulations should be modified as
a result of such reevaluation, shall issue a notice of
proposed rulemaking to modify such regulations.
‘‘SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.
‘‘(a) IN GENERAL.—During the 1-year period beginning
on the 90th day following the date of the enactment of
this Act [Apr. 24, 1998], a major air carrier shall make
a good faith effort to obtain, and shall submit quarterly reports to the Administrator of the Federal Aviation Administration on, the following:
‘‘(1) The number of persons who died on aircraft of
the air carrier, including any person who was declared dead after being removed from such an aircraft
as a result of a medical incident that occurred on
such aircraft.
‘‘(2) The age of each such person.
‘‘(3) Any information concerning cause of death
that is available at the time such person died on the
aircraft or is removed from the aircraft or that subsequently becomes known to the air carrier.
‘‘(4) Whether or not the aircraft was diverted as a
result of the death or incident.
‘‘(5) Such other information as the Administrator
may request as necessary to aid in a decision as to
whether or not to require automatic external defibrillators in airports or on aircraft operated by air
carriers, or both.
‘‘(b) FORMAT.—The Administrator may specify a format for reports to be submitted under this section.
‘‘SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.
‘‘(a) IN GENERAL.—Not later than 120 days after the
last day of the 1-year period described in section 3, the
Administrator of the Federal Aviation Administration
shall make a decision on whether or not to require
automatic external defibrillators on passenger aircraft
operated by air carriers and whether or not to require
automatic external defibrillators at airports.
‘‘(b) FORM OF DECISION.—A decision under this section
shall be in the form of a notice of proposed rulemaking
requiring automatic external defibrillators in airports
or on passenger aircraft operated by air carriers, or
both, or a recommendation to Congress for legislation
requiring such defibrillators or a notice in the Federal
Register that such defibrillators should not be required
in airports or on such aircraft. If a decision under this
section is in the form of a notice of proposed rulemaking, the Administrator shall make a final decision
not later than the 120th day following the date on
which comments are due on the notice of proposed rulemaking.
‘‘(c) CONTENTS.—If the Administrator decides that
automatic external defibrillators should be required—
‘‘(1) on passenger aircraft operated by air carriers,
the proposed rulemaking or recommendation shall include—

§ 44702

TITLE 49—TRANSPORTATION

‘‘(A) the size of the aircraft on which such defibrillators should be required;
‘‘(B) the class flights (whether interstate, overseas, or foreign air transportation or any combination thereof) on which such defibrillators should be
required;
‘‘(C) the training that should be required for air
carrier personnel in the use of such defibrillators;
and
‘‘(D) the associated equipment and medication
that should be required to be carried in the aircraft
medical kit; and
‘‘(2) at airports, the proposed rulemaking or recommendation shall include—
‘‘(A) the size of the airport at which such defibrillators should be required;
‘‘(B) the training that should be required for airport personnel in the use of such defibrillators; and
‘‘(C) the associated equipment and medication
that should be required at the airport.
‘‘(d) LIMITATION.—The Administrator may not require
automatic external defibrillators on helicopters and on
aircraft with a maximum payload capacity (as defined
in section 119.3 of title 14, Code of Federal Regulations)
of 7,500 pounds or less.
‘‘(e) SPECIAL RULE.—If the Administrator decides
that automatic external defibrillators should be required at airports, the proposed rulemaking or recommendation shall provide that the airports are responsible for providing the defibrillators.
‘‘SEC. 5. LIMITATIONS ON LIABILITY.
‘‘(a) LIABILITY OF AIR CARRIERS.—An air carrier shall
not be liable for damages in any action brought in a
Federal or State court arising out of the performance
of the air carrier in obtaining or attempting to obtain
the assistance of a passenger in an in-flight medical
emergency, or out of the acts or omissions of the passenger rendering the assistance, if the passenger is not
an employee or agent of the carrier and the carrier in
good faith believes that the passenger is a medically
qualified individual.
‘‘(b) LIABILITY OF INDIVIDUALS.—An individual shall
not be liable for damages in any action brought in a
Federal or State court arising out of the acts or omissions of the individual in providing or attempting to
provide assistance in the case of an in-flight medical
emergency unless the individual, while rendering such
assistance, is guilty of gross negligence or willful misconduct.
‘‘SEC. 6. DEFINITIONS.
‘‘In this Act—
‘‘(1) the terms ‘air carrier’, ‘aircraft’, ‘airport’,
‘interstate air transportation’, ‘overseas air transportation’, and ‘foreign air transportation’ have the
meanings such terms have under section 40102 of title
49, United States Code;
‘‘(2) the term ‘major air carrier’ means an air carrier certificated under section 41102 of title 49, United
States Code, that accounted for at least 1 percent of
domestic scheduled-passenger revenues in the 12
months ending March 31 of the most recent year preceding the date of the enactment of this Act [Apr. 24,
1998], as reported to the Department of Transportation pursuant to part 241 of title 14 of the Code of
Federal Regulations; and
‘‘(3) the term ‘medically qualified individual’ includes any person who is licensed, certified, or otherwise qualified to provide medical care in a State, including a physician, nurse, physician assistant, paramedic, and emergency medical technician.’’

§ 44702. Issuance of certificates
(a) GENERAL AUTHORITY AND APPLICATIONS.—
The Administrator of the Federal Aviation Administration may issue airman certificates, type
certificates, production certificates, airworthiness certificates, air carrier operating certifi-

Page 886

cates, airport operating certificates, air agency
certificates, and air navigation facility certificates under this chapter. An application for a
certificate must—
(1) be under oath when the Administrator requires; and
(2) be in the form, contain information, and
be filed and served in the way the Administrator prescribes.
(b) CONSIDERATIONS.—When issuing a certificate under this chapter, the Administrator
shall—
(1) consider—
(A) the duty of an air carrier to provide
service with the highest possible degree of
safety in the public interest; and
(B) differences between air transportation
and other air commerce; and
(2) classify a certificate according to the differences between air transportation and other
air commerce.
(c) PRIOR CERTIFICATION.—The Administrator
may authorize an aircraft, aircraft engine, propeller, or appliance for which a certificate has
been issued authorizing the use of the aircraft,
aircraft engine, propeller, or appliance in air
transportation to be used in air commerce without another certificate being issued.
(d) DELEGATION.—(1) Subject to regulations,
supervision, and review the Administrator may
prescribe, the Administrator may delegate to a
qualified private person, or to an employee
under the supervision of that person, a matter
related to—
(A) the examination, testing, and inspection
necessary to issue a certificate under this
chapter; and
(B) issuing the certificate.
(2) The Administrator may rescind a delegation under this subsection at any time for any
reason the Administrator considers appropriate.
(3) A person affected by an action of a private
person under this subsection may apply for reconsideration of the action by the Administrator. On the Administrator’s own initiative,
the Administrator may reconsider the action of
a private person at any time. If the Administrator decides on reconsideration that the action is unreasonable or unwarranted, the Administrator shall change, modify, or reverse the action. If the Administrator decides the action is
warranted, the Administrator shall affirm the
action.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1186;
Pub. L. 108–176, title II, § 227(a), Dec. 12, 2003, 117
Stat. 2531.)
AMENDMENT OF SUBSECTION (a)
Pub. L. 108–176, title II, § 227(a), Dec. 12, 2003,
117 Stat. 2531, provided that, effective on the
last day of the 7-year period beginning on Dec.
12, 2003, subsection (a) of this section is amended by inserting ‘‘design organization certificates,’’ after ‘‘airman certificates,’’.

Page 887

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section
44702(a) ......

Source (U.S. Code)
49 App.:1422(a)
(1st–10th words).

49 App.:1423(a)(1),
(b), (c) (as 49
App.:1423(a)(1),
(b), (c) relate to
issuing certificates).
49 App.:1424(a) (related to issuing
certificates).
49 App.:1426 (last
sentence).
49 App.:1427 (last
sentence).
49 App.:1428.
49 App.:1432(a) (related to issuing
certificates).

49 App.:1655(c)(1).

44702(b) ......

44702(c) ......
44702(d) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 314 (less (a) (last sentence related to fees)),
601(b) (1st sentence related to issuing certificates,
2d
sentence),
602(a)
(1st–8th words), 603(a)(1),
(b), (c) (as § 603(a)(1), (b),
(c) relate to issuing certificates), 604(a) (related
to issuing certificates),
606 (last sentence), 607
(last sentence), 608, 72
Stat. 754, 775, 776, 777, 778,
779.

§ 44703

action’’ are substituted for ‘‘otherwise, such action
shall be affirmed’’, for clarity. The text of 49
App.:1355(b) (proviso) is omitted as unnecessary because
of 5:559 (last sentence).
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–176, title II, § 227(a), Dec. 12, 2003, 117 Stat.
2531, provided that the amendment made by section
227(a) is effective on the last day of the 7-year period
beginning on Dec. 12, 2003.
DEVELOPMENT OF ANALYTICAL TOOLS AND
CERTIFICATION METHODS
Pub. L. 108–176, title VII, § 706, Dec. 12, 2003, 117 Stat.
2582, provided that: ‘‘The Federal Aviation Administration shall conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs for the
certification of new products.’’

§ 44703. Airman certificates

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 612(a) (related to issuing certificates);
added May 21, 1970, Pub.
L. 91–258, § 51(b)(1), 84
Stat. 234; restated Sept. 3,
1982,
Pub.
L.
97–248,
§ 525(a), 96 Stat. 697.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1421(b) (1st
sentence related
to issuing certificates).
49 App.:1655(c)(1).
49 App.:1421(b) (2d
sentence).
49 App.:1655(c)(1).
49 App.:1355 (less (a)
(last sentence related to fees)).
49 App.:1655(c)(1).

In this section, the word ‘‘Administrator’’ in sections
601(b), 602(a), 603(a)(1), 604(a), 606 (last sentence), 607
(last sentence), and 608 of the Federal Aviation Act of
1958 (Public Law 85–726, 72 Stat. 775, 776, 778, 779) is retained on authority of 49:106(g).
In subsection (a), the reference to a type certificate
and production certificate is added for clarity.
In subsection (b)(1), before subclause (A), the word
‘‘full’’ is omitted as surplus. In clause (1)(A), the word
‘‘provide’’ is substituted for ‘‘perform’’ for consistency
in the revised title.
In subsection (d)(1), before clause (A), the words ‘‘In
exercising the powers and duties vested in him by this
chapter’’ and ‘‘properly’’ are omitted as surplus. The
words ‘‘or employees’’ are omitted because of 1:1. The
word ‘‘matter’’ is substituted for ‘‘work, business, or
function’’ to eliminate unnecessary words. In clause
(B), the words ‘‘in accordance with standards established by him’’ are omitted as surplus.
In subsection (d)(2), the words ‘‘made by him’’ are
omitted as surplus.
In subsection (d)(3), the words ‘‘exercising delegated
authority’’ and ‘‘with respect to the authority granted
under subsection (a) of this section’’ are omitted as surplus. The words ‘‘at any time’’ are substituted for ‘‘either before or after it has become effective’’, and the
words ‘‘If the Administrator decides on reconsideration
that the action is unreasonable or unwarranted’’ are
substituted for ‘‘If, upon reconsideration by the Secretary of Transportation, it shall appear that the action in question is in any respect unjust or unwarranted’’, to eliminate unnecessary words. The words
‘‘the action’’ are substituted for ‘‘the same accordingly’’, and the words ‘‘If the Administrator decides the
action is warranted, the Administrator shall affirm the

(a) GENERAL.—The Administrator of the Federal Aviation Administration shall issue an airman certificate to an individual when the Administrator finds, after investigation, that the
individual is qualified for, and physically able to
perform the duties related to, the position to be
authorized by the certificate.
(b) CONTENTS.—(1) An airman certificate
shall—
(A) be numbered and recorded by the Administrator of the Federal Aviation Administration;
(B) contain the name, address, and description of the individual to whom the certificate
is issued;
(C) contain terms the Administrator decides
are necessary to ensure safety in air commerce, including terms on the duration of the
certificate, periodic or special examinations,
and tests of physical fitness;
(D) specify the capacity in which the holder
of the certificate may serve as an airman with
respect to an aircraft; and
(E) designate the class the certificate covers.
(2) A certificate issued to a pilot serving in
scheduled air transportation shall have the designation ‘‘airline transport pilot’’ of the appropriate class.
(c) PUBLIC INFORMATION.—
(1) IN GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of
law, the information contained in the records
of contents of any airman certificate issued
under this section that is limited to an airman’s name, address, and ratings held shall be
made available to the public after the 120th
day following the date of the enactment of the
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century.
(2) OPPORTUNITY TO WITHHOLD INFORMATION.—
Before making any information concerning an
airman available to the public under paragraph (1), the airman shall be given an opportunity to elect that the information not be
made available to the public.
(3) DEVELOPMENT AND IMPLEMENTATION OF
PROGRAM.—Not later than 60 days after the
date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the
21st Century, the Administrator shall develop
and implement, in cooperation with represent-

§ 44703

TITLE 49—TRANSPORTATION

atives of the aviation industry, a one-time
written notification to airmen to set forth the
implications of making information concerning an airman available to the public under
paragraph (1) and to carry out paragraph (2).
The Administrator shall also provide such
written notification to each individual who becomes an airman after such date of enactment.
(d) APPEALS.—(1) An individual whose application for the issuance or renewal of an airman
certificate has been denied may appeal the denial to the National Transportation Safety
Board, except if the individual holds a certificate that—
(A) is suspended at the time of denial; or
(B) was revoked within one year from the
date of the denial.
(2) The Board shall conduct a hearing on the
appeal at a place convenient to the place of residence or employment of the applicant. The
Board is not bound by findings of fact of the Administrator of the Federal Aviation Administration but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law. At the end of the
hearing, the Board shall decide whether the individual meets the applicable regulations and
standards. The Administrator is bound by that
decision.
(e) RESTRICTIONS AND PROHIBITIONS.—The Administrator of the Federal Aviation Administration may—
(1) restrict or prohibit issuing an airman
certificate to an alien; or
(2) make issuing the certificate to an alien
dependent on a reciprocal agreement with the
government of a foreign country.
(f) CONTROLLED SUBSTANCE VIOLATIONS.—The
Administrator of the Federal Aviation Administration may not issue an airman certificate to
an individual whose certificate is revoked under
section 44710 of this title except—
(1) when the Administrator decides that issuing the certificate will facilitate law enforcement efforts; and
(2) as provided in section 44710(e)(2) of this
title.
(g) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the Federal Aviation Administration
shall make modifications in the system for issuing airman certificates necessary to make the
system more effective in serving the needs of
airmen and officials responsible for enforcing
laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 802)) and related to combating
acts of terrorism. The modifications shall ensure positive and verifiable identification of
each individual applying for or holding a certificate and shall address at least each of the following deficiencies in, and abuses of, the existing system:
(A) the use of fictitious names and addresses
by applicants for those certificates.
(B) the use of stolen or fraudulent identification in applying for those certificates.

Page 888

(C) the use by an applicant of a post office
box or ‘‘mail drop’’ as a return address to
evade identification of the applicant’s address.
(D) the use of counterfeit and stolen airman
certificates by pilots.
(E) the absence of information about physical characteristics of holders of those certificates.
(2) The Administrator of the Federal Aviation
Administration shall prescribe regulations to
carry out paragraph (1) of this subsection and
provide a written explanation of how the regulations address each of the deficiencies and abuses
described in paragraph (1). In prescribing the
regulations, the Administrator of the Federal
Aviation Administration shall consult with the
Administrator of Drug Enforcement, the Commissioner of Customs, other law enforcement officials of the United States Government, representatives of State and local law enforcement
officials, representatives of the general aviation
aircraft industry, representatives of users of
general aviation aircraft, and other interested
persons.
(3) For purposes of this section, the term ‘‘acts
of terrorism’’ means an activity that involves a
violent act or an act dangerous to human life
that is a violation of the criminal laws of the
United States or of any State, or that would be
a criminal violation if committed within the jurisdiction of the United States or of any State,
and appears to be intended to intimidate or coerce a civilian population to influence the policy
of a government by intimidation or coercion or
to affect the conduct of a government by assassination or kidnaping.
(4) The Administrator is authorized and directed to work with State and local authorities,
and other Federal agencies, to assist in the identification of individuals applying for or holding
airmen certificates.
(h) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—
(1) IN GENERAL.—Subject to paragraph (14),
before allowing an individual to begin service
as a pilot, an air carrier shall request and receive the following information:
(A) FAA RECORDS.—From the Administrator of the Federal Aviation Administration, records pertaining to the individual
that are maintained by the Administrator
concerning—
(i) current airman certificates (including
airman medical certificates) and associated type ratings, including any limitations to those certificates and ratings; and
(ii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under
this title that was not subsequently overturned.
(B) AIR CARRIER AND OTHER RECORDS.—
From any air carrier or other person (except
a branch of the United States Armed Forces,
the National Guard, or a reserve component
of the United States Armed Forces) that has
employed the individual as a pilot of a civil
or public aircraft at any time during the 5year period preceding the date of the em-

Page 889

TITLE 49—TRANSPORTATION

ployment application of the individual, or
from the trustee in bankruptcy for such air
carrier or person—
(i) records pertaining to the individual
that are maintained by an air carrier
(other than records relating to flight time,
duty time, or rest time) under regulations
set forth in—
(I) section 121.683 of title 14, Code of
Federal Regulations;
(II) paragraph (A) of section VI, appendix I, part 121 of such title;
(III) paragraph (A) of section IV, appendix J, part 121 of such title;
(IV) section 125.401 of such title; and
(V) section 135.63(a)(4) of such title;
and
(ii) other records pertaining to the individual’s performance as a pilot that are
maintained by the air carrier or person
concerning—
(I) the training, qualifications, proficiency, or professional competence of
the individual, including comments and
evaluations made by a check airman designated in accordance with section
121.411, 125.295, or 135.337 of such title;
(II) any disciplinary action taken with
respect to the individual that was not
subsequently overturned; and
(III) any release from employment or
resignation, termination, or disqualification with respect to employment.
(C) NATIONAL DRIVER REGISTER RECORDS.—
In accordance with section 30305(b)(8) of this
title, from the chief driver licensing official
of a State, information concerning the
motor vehicle driving record of the individual.
(2) WRITTEN CONSENT; RELEASE FROM LIABILITY.—An air carrier making a request for
records under paragraph (1)—
(A) shall be required to obtain written consent to the release of those records from the
individual that is the subject of the records
requested; and
(B) may, notwithstanding any other provision of law or agreement to the contrary, require the individual who is the subject of the
records to request to execute a release from
liability for any claim arising from the furnishing of such records to or the use of such
records by such air carrier (other than a
claim arising from furnishing information
known to be false and maintained in violation of a criminal statute).
(3) 5-YEAR REPORTING PERIOD.—A person shall
not furnish a record in response to a request
made under paragraph (1) if the record was entered more than 5 years before the date of the
request, unless the information concerns a
revocation or suspension of an airman certificate or motor vehicle license that is in effect
on the date of the request.
(4) REQUIREMENT TO MAINTAIN RECORDS.—The
Administrator and air carriers shall maintain
pilot records described in paragraphs (1)(A)
and (1)(B) for a period of at least 5 years.
(5) RECEIPT OF CONSENT; PROVISION OF INFORMATION.—A person shall not furnish a record in

§ 44703

response to a request made under paragraph
(1) without first obtaining a copy of the written consent of the individual who is the subject of the records requested; except that, for
purposes of paragraph (15), the Administrator
may allow an individual designated by the Administrator to accept and maintain written
consent on behalf of the Administrator for
records requested under paragraph (1)(A). A
person who receives a request for records
under this subsection shall furnish a copy of
all of such requested records maintained by
the person not later than 30 days after receiving the request.
(6) RIGHT TO RECEIVE NOTICE AND COPY OF ANY
RECORD FURNISHED.—A person who receives a
request for records under paragraph (1) shall
provide to the individual who is the subject of
the records—
(A) on or before the 20th day following the
date of receipt of the request, written notice
of the request and of the individual’s right
to receive a copy of such records; and
(B) in accordance with paragraph (10), a
copy of such records, if requested by the individual.
(7) REASONABLE CHARGES FOR PROCESSING REQUESTS AND FURNISHING COPIES.—A person who
receives a request under paragraph (1) or (6)
may establish a reasonable charge for the cost
of processing the request and furnishing copies
of the requested records.
(8) STANDARD FORMS.—The Administrator
shall promulgate—
(A) standard forms that may be used by an
air carrier to request records under paragraph (1); and
(B) standard forms that may be used by an
air carrier to—
(i) obtain the written consent of the individual who is the subject of a request
under paragraph (1); and
(ii) inform the individual of—
(I) the request; and
(II) the individual right of that individual to receive a copy of any records furnished in response to the request.
(9) RIGHT TO CORRECT INACCURACIES.—An air
carrier that maintains or requests and receives the records of an individual under paragraph (1) shall provide the individual with a
reasonable opportunity to submit written
comments to correct any inaccuracies contained in the records before making a final
hiring decision with respect to the individual.
(10) RIGHT OF PILOT TO REVIEW CERTAIN
RECORDS.—Notwithstanding any other provision of law or agreement, an air carrier shall,
upon written request from a pilot who is or
has been employed by such carrier, make
available, within a reasonable time, but not
later than 30 days after the date of the request, to the pilot for review, any and all employment records referred to in paragraph
(1)(B)(i) or (ii) pertaining to the employment
of the pilot.
(11) PRIVACY PROTECTIONS.—An air carrier
that receives the records of an individual
under paragraph (1) may use such records only
to assess the qualifications of the individual in

§ 44703

TITLE 49—TRANSPORTATION

deciding whether or not to hire the individual
as a pilot. The air carrier shall take such actions as may be necessary to protect the privacy of the pilot and the confidentiality of the
records, including ensuring that information
contained in the records is not divulged to any
individual that is not directly involved in the
hiring decision.
(12) PERIODIC REVIEW.—Not later than 18
months after the date of the enactment of the
Pilot Records Improvement Act of 1996, and at
least once every 3 years thereafter, the Administrator shall transmit to Congress a
statement that contains, taking into account
recent developments in the aviation industry—
(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air
carrier records, and other records required
to be furnished under subparagraphs (A) and
(B) of paragraph (1); or
(B) reasons why the Administrator does
not recommend any proposed changes to the
records referred to in subparagraph (A).
(13) REGULATIONS.—The Administrator shall
prescribe such regulations as may be necessary—
(A) to protect—
(i) the personal privacy of any individual
whose records are requested under paragraph (1) and disseminated under paragraph (15); and
(ii) the confidentiality of those records;
(B) to preclude the further dissemination
of records received under paragraph (1) by
the person who requested those records; and
(C) to ensure prompt compliance with any
request made under paragraph (1).
(14) SPECIAL RULES WITH RESPECT TO CERTAIN
PILOTS.—
(A) PILOTS OF CERTAIN SMALL AIRCRAFT.—
Notwithstanding paragraph (1), an air carrier, before receiving information requested
about an individual under paragraph (1),
may allow the individual to begin service for
a period not to exceed 90 days as a pilot of
an aircraft with a maximum payload capacity (as defined in section 119.3 of title 14,
Code of Federal Regulations) of 7,500 pounds
or less, or a helicopter, on a flight that is
not a scheduled operation (as defined in such
section). Before the end of the 90-day period,
the air carrier shall obtain and evaluate
such information. The contract between the
carrier and the individual shall contain a
term that provides that the continuation of
the individual’s employment, after the last
day of the 90-day period, depends on a satisfactory evaluation.
(B) GOOD FAITH EXCEPTION.—Notwithstanding paragraph (1), an air carrier, without obtaining information about an individual
under paragraph (1)(B) from an air carrier or
other person that no longer exists or from a
foreign government or entity that employed
the individual, may allow the individual to
begin service as a pilot if the air carrier required to request the information has made
a documented good faith attempt to obtain
such information.

Page 890

(15) ELECTRONIC ACCESS TO FAA RECORDS.—
For the purpose of increasing timely and efficient access to Federal Aviation Administration records described in paragraph (1), the
Administrator may allow, under terms established by the Administrator, an individual designated by the air carrier to have electronic
access to a specified database containing information about such records. The terms shall
limit such access to instances in which information in the database is required by the designated individual in making a hiring decision
concerning a pilot applicant and shall require
that the designated individual provide assurances satisfactory to the Administrator that
information obtained using such access will
not be used for any purpose other than making
the hiring decision.
(i) LIMITATION ON LIABILITY; PREEMPTION OF
STATE LAW.—
(1) LIMITATION ON LIABILITY.—No action or
proceeding may be brought by or on behalf of
an individual who has applied for or is seeking
a position with an air carrier as a pilot and
who has signed a release from liability, as provided for under paragraph (2), against—
(A) the air carrier requesting the records
of that individual under subsection (h)(1);
(B) a person who has complied with such
request;
(C) a person who has entered information
contained in the individual’s records; or
(D) an agent or employee of a person described in subparagraph (A) or (B);
in the nature of an action for defamation, invasion of privacy, negligence, interference
with contract, or otherwise, or under any Federal or State law with respect to the furnishing or use of such records in accordance with
subsection (h).
(2) PREEMPTION.—No State or political subdivision thereof may enact, prescribe, issue,
continue in effect, or enforce any law (including any regulation, standard, or other provision having the force and effect of law) that
prohibits, penalizes, or imposes liability for
furnishing or using records in accordance with
subsection (h).
(3) PROVISION OF KNOWINGLY FALSE INFORMATION.—Paragraphs (1) and (2) shall not apply
with respect to a person who furnishes information in response to a request made under
subsection (h)(1), that—
(A) the person knows is false; and
(B) was maintained in violation of a criminal statute of the United States.
(j) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in subsection (h) shall be construed as
precluding the availability of the records of a
pilot in an investigation or other proceeding
concerning an accident or incident conducted by
the Administrator, the National Transportation
Safety Board, or a court.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1186;
Pub. L. 106–181, title VII, § 715, Apr. 5, 2000, 114
Stat. 162; Pub. L. 107–71, title I, §§ 129, 138(b),
140(a), Nov. 19, 2001, 115 Stat. 633, 640, 641.)

Page 891

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44703(a) ......

49 App.:1422(b)(1)
(1st sentence, 2d
sentence words before 6th comma).

Aug. 23, 1958, Pub. L. 85–726,
§ 602(b)(1), 72 Stat. 776;
Oct. 19, 1984, Pub. L.
98–499, § 3, 98 Stat. 2313;
Aug. 26, 1992, Pub. L.
102–345, § 4, 106 Stat. 926.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
§ 602(a) (9th–last words),
(c), 72 Stat. 776.

49 App.:1655(c)(1).

44703(b) ......

44703(c)(1) ..
44703(c)(2) ..

44703(d) ......

44703(e) ......

§ 44703

TITLE 49—TRANSPORTATION

49 App.:1422(a)
(11th–last words).
49 App.:1422(b)(1) (2d
sentence words
after 6th comma),
(c).
49 App.:1655(c)(1).
49 App.:1422(b)(1) (3d
sentence).
49 App.:1422(b)(1)
(4th, 5th sentences, last sentence words before
proviso).
49 App.:1655(c)(1).
49 App.:1422(b)(1)
(last sentence proviso).
49 App.:1655(c)(1).
49 App.:1422(b)(2)(A),
(B).

44703(f)(1) ...

49 App.:1422(d).

44703(f)(2) ...

49 App.:1401 (note).

In subsection (f)(1), before clause (A), the words ‘‘established under this chapter’’ and ‘‘to pilots’’ are omitted as surplus.
In subsection (f)(2), the words ‘‘Not later than September 18, 1989’’ and ‘‘final’’ are omitted as obsolete.
The words ‘‘Administrator of Drug Enforcement’’ are
substituted for ‘‘Drug Enforcement Administration of
the Department of Justice’’ because of section 5(a) of
Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87
Stat. 1092). The words ‘‘Commissioner of Customs’’ are
substituted for ‘‘United States Customs Service’’ because of 19:2071.
REFERENCES IN TEXT
The date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (c)(1), (3), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5,
2000.
The date of the enactment of the Pilot Records Improvement Act of 1996, referred to in subsec. (h)(12), is
the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
CODIFICATION

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 602(b)(2)(A),
(B); added Oct. 19, 1984,
Pub. L. 98–499, § 3, 98 Stat.
2313; restated Nov. 18,
1988, Pub. L. 100–690,
§ 7204(a), 102 Stat. 4425.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 602(d); added
Nov. 18, 1988, Pub. L.
100–690, § 7205(a), 102 Stat.
4426.
Nov. 18, 1988, Pub. L.
100–690, § 7207(a) (1st sentence), (b), 102 Stat. 4427.

In subsections (a)–(d), the word ‘‘Administrator’’ in
section 602(a), (b)(1), and (c) of the Federal Aviation
Act of 1958 (Public Law 85–726, 72 Stat. 776) is retained
on authority of 49:106(g).
In subsection (a), the text of 49 App.:1422(b) (1st sentence) is omitted as surplus. The words ‘‘is qualified’’
are substituted for ‘‘possesses proper qualifications’’ to
eliminate unnecessary words. The words ‘‘to be authorized by the certificate’’ are substituted for ‘‘for which
the airman certificate is sought’’ for clarity.
In subsection (b)(1)(C), the words ‘‘conditions, and
limitations’’ are omitted as being included in ‘‘terms’’.
In subsection (b)(1)(E), the word ‘‘designate’’ is substituted for ‘‘be entitled with the designation of’’ to
eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words ‘‘may
appeal . . . to’’ are substituted for ‘‘may file with . . .
a petition for review of the Secretary of Transportation’s action’’ for consistency with section 1109 of the
revised title. The words ‘‘the individual holds a certificate that’’ are substituted for ‘‘persons whose certificates’’ for clarity.
In subsection (c)(2), the words ‘‘conduct a hearing on
the appeal’’ are substituted for ‘‘thereupon assign such
petition for hearing’’ for consistency. The words ‘‘In
the conduct of such hearing and in determining whether the airman meets the pertinent rules, regulations, or
standards’’ are omitted as surplus. The word ‘‘Administrator’’ is substituted for ‘‘Federal Aviation Administration’’ because of 49:106(b) and (g). The words ‘‘meets
the applicable regulations’’ are substituted for ‘‘meets
the pertinent rules, regulations’’ because ‘‘rules’’ and
‘‘regulations’’ are synonymous and for consistency in
the revised title.
In subsection (d), before clause (1), the words ‘‘in his
discretion’’ are omitted as surplus. In clause (2), the
words ‘‘the terms of’’ and ‘‘entered into’’ are omitted as
surplus. The words ‘‘government of a foreign country’’
are substituted for ‘‘foreign governments’’ for consistency in the revised title and with other titles of the
United States Code.

The text of section 44936(f) to (h) of this title, which
was transferred to the end of this section, redesignated
as subsecs. (h) to (j), respectively, and amended by Pub.
L. 107–71, §§ 138(b), 140(a), was based on Pub. L. 104–264,
title V, § 502(a), Oct. 9, 1996, 110 Stat. 3259; amended Pub.
L. 105–102, § 2(25), Nov. 20, 1997, 111 Stat. 2205; Pub. L.
105–142, § 1, Dec. 5, 1997, 111 Stat. 2650; Pub. L. 106–181,
title V, § 508(b), Apr. 5, 2000, 114 Stat. 140.
AMENDMENTS
2001—Subsec. (g)(1). Pub. L. 107–71, § 129(1), in first
sentence, substituted ‘‘needs of airmen’’ for ‘‘needs of
pilots’’ and inserted ‘‘and related to combating acts of
terrorism’’ before period at end.
Subsec. (g)(3), (4). Pub. L. 107–71, § 129(2), added pars.
(3) and (4).
Subsecs. (h) to (j). Pub. L. 107–71, §§ 138(b), 140(a),
amended section identically, redesignating subsecs. (f)
to (h) of section 44936 of this title as subsecs. (h) to (j),
respectively, of this section, and substituting ‘‘subsection (h)’’ for ‘‘subsection (f)’’ wherever appearing in
subsecs. (i) and (j). See Codification note above.
2000—Subsecs. (c) to (g). Pub. L. 106–181 added subsec.
(c) and redesignated former subsecs. (c) to (f) as (d) to
(g), respectively.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.
IMPROVED PILOT LICENSES
Pub. L. 108–458, title IV, § 4022, Dec. 17, 2004, 118 Stat.
3723, provided that:
‘‘(a) IN GENERAL.—Not later than one year after the
date of enactment of this Act [Dec. 17, 2004], the Administrator of the Federal Aviation Administration
shall begin to issue improved pilot licenses consistent
with the requirements of title 49, United States Code,
and title 14, Code of Federal Regulations.

§ 44704

TITLE 49—TRANSPORTATION

‘‘(b) REQUIREMENTS.—Improved pilots licenses issued
under subsection (a) shall—
‘‘(1) be resistant to tampering, alteration, and
counterfeiting;
‘‘(2) include a photograph of the individual to whom
the license is issued; and
‘‘(3) be capable of accommodating a digital photograph, a biometric identifier, or any other unique
identifier that the Administrator considers necessary.
‘‘(c) TAMPERING.—To the extent practical, the Administrator shall develop methods to determine or reveal
whether any component or security feature of a license
issued under subsection (a) has been tampered, altered,
or counterfeited.
‘‘(d) USE OF DESIGNEES.—The Administrator may use
designees to carry out subsection (a) to the extent feasible in order to minimize the burdens on pilots.’’
CREDITING OF LAW ENFORCEMENT FLIGHT TIME
Pub. L. 106–424, § 14, Nov. 1, 2000, 114 Stat. 1888, provided that: ‘‘In determining whether an individual
meets the aeronautical experience requirements imposed under section 44703 of title 49, United States
Code, for an airman certificate or rating, the Secretary
of Transportation shall take into account any time
spent by that individual operating a public aircraft as
defined in section 40102 of title 49, United States Code,
if that aircraft is—
‘‘(1) identifiable by category and class; and
‘‘(2) used in law enforcement activities.’’

§ 44704. Type certificates, production certificates,
airworthiness certificates, and design organization certificates
(a) TYPE CERTIFICATES.—
(1) ISSUANCE, INVESTIGATIONS, AND TESTS.—
The Administrator of the Federal Aviation
Administration shall issue a type certificate
for an aircraft, aircraft engine, or propeller, or
for an appliance specified under paragraph
(2)(A) of this subsection when the Administrator finds that the aircraft, aircraft engine,
propeller, or appliance is properly designed
and manufactured, performs properly, and
meets the regulations and minimum standards
prescribed under section 44701(a) of this title.
On receiving an application for a type certificate, the Administrator shall investigate the
application and may conduct a hearing. The
Administrator shall make, or require the applicant to make, tests the Administrator considers necessary in the interest of safety.
Administrator
(2)
SPECIFICATIONS.—The
may—
(A) specify in regulations those appliances
that reasonably require a type certificate in
the interest of safety;
(B) include in a type certificate terms required in the interest of safety; and
(C) record on the certificate a numerical
specification of the essential factors related
to the performance of the aircraft, aircraft
engine, or propeller for which the certificate
is issued.
(3) SPECIAL RULES FOR NEW AIRCRAFT AND APPLIANCES.—Except as provided in paragraph
(4), if the holder of a type certificate agrees to
permit another person to use the certificate to
manufacture a new aircraft, aircraft engine,
propeller, or appliance, the holder shall provide the other person with written evidence, in
a form acceptable to the Administrator, of

Page 892

that agreement. Such other person may manufacture a new aircraft, aircraft engine, propeller, or appliance based on a type certificate
only if such other person is the holder of the
type certificate or has permission from the
holder.
(4) LIMITATION FOR AIRCRAFT MANUFACTURED
BEFORE AUGUST 5, 2004.—Paragraph (3) shall not
apply to a person who began the manufacture
of an aircraft before August 5, 2004, and who
demonstrates to the satisfaction of the Administrator that such manufacture began before August 5, 2004, if the name of the holder
of the type certificate for the aircraft does not
appear on the airworthiness certificate or
identification plate of the aircraft. The holder
of the type certificate for the aircraft shall
not be responsible for the continued airworthiness of the aircraft. A person may invoke the
exception provided by this paragraph with regard to the manufacture of only one aircraft.
(b) SUPPLEMENTAL TYPE CERTIFICATES.—
(1) ISSUANCE.—The Administrator may issue
a type certificate designated as a supplemental type certificate for a change to an aircraft, aircraft engine, propeller, or appliance.
(2) CONTENTS.—A supplemental type certificate issued under paragraph (1) shall consist of
the change to the aircraft, aircraft engine,
propeller, or appliance with respect to the previously issued type certificate for the aircraft,
aircraft engine, propeller, or appliance.
(3) REQUIREMENT.—If the holder of a supplemental type certificate agrees to permit another person to use the certificate to modify
an aircraft, aircraft engine, propeller, or appliance, the holder shall provide the other person
with written evidence, in a form acceptable to
the Administrator, of that agreement. A person may change an aircraft, aircraft engine,
propeller, or appliance based on a supplemental type certificate only if the person requesting the change is the holder of the supplemental type certificate or has permission
from the holder to make the change.
(c) PRODUCTION CERTIFICATES.—The Administrator shall issue a production certificate authorizing the production of a duplicate of an aircraft, aircraft engine, propeller, or appliance for
which a type certificate has been issued when
the Administrator finds the duplicate will conform to the certificate. On receiving an application, the Administrator shall inspect, and may
require testing of, a duplicate to ensure that it
conforms to the requirements of the certificate.
The Administrator may include in a production
certificate terms required in the interest of safety.
(d) AIRWORTHINESS CERTIFICATES.—(1) The registered owner of an aircraft may apply to the
Administrator for an airworthiness certificate
for the aircraft. The Administrator shall issue
an airworthiness certificate when the Administrator finds that the aircraft conforms to its
type certificate and, after inspection, is in condition for safe operation. The Administrator
shall register each airworthiness certificate and
may include appropriate information in the certificate. The certificate number or other individual designation the Administrator requires

Page 893

shall be displayed on the aircraft. The Administrator may include in an airworthiness certificate terms required in the interest of safety.
(2) A person applying for the issuance or renewal of an airworthiness certificate for an aircraft for which ownership has not been recorded
under section 44107 or 44110 of this title must
submit with the application information related
to the ownership of the aircraft the Administrator decides is necessary to identify each person having a property interest in the aircraft
and the kind and extent of the interest.
(e) DESIGN ORGANIZATION CERTIFICATES.—
(1) ISSUANCE.—Beginning 7 years after the
date of enactment of this subsection, the Administrator may issue a design organization
certificate to a design organization to authorize the organization to certify compliance
with the requirements and minimum standards prescribed under section 44701(a) for the
type certification of aircraft, aircraft engines,
propellers, or appliances.
(2) APPLICATIONS.—On receiving an application for a design organization certificate, the
Administrator shall examine and rate the design organization submitting the application,
in accordance with regulations to be prescribed by the Administrator, to determine
whether the design organization has adequate
engineering, design, and testing capabilities,
standards, and safeguards to ensure that the
product being certificated is properly designed
and manufactured, performs properly, and
meets the regulations and minimum standards
prescribed under section 44701(a).
(3) ISSUANCE OF TYPE CERTIFICATES BASED ON
DESIGN ORGANIZATION CERTIFICATION.—The Administrator may rely on certifications of compliance by a design organization when making
a finding under subsection (a).
(4) PUBLIC SAFETY.—The Administrator shall
include in a design organization certificate issued under this subsection terms required in
the interest of safety.
(5) NO EFFECT ON POWER OF REVOCATION.—
Nothing in this subsection affects the authority of the Secretary of Transportation to revoke a certificate.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1188;
Pub. L. 104–264, title IV, § 403, Oct. 9, 1996, 110
Stat. 3256; Pub. L. 108–176, title II, § 227(b)(2),
(e)(1), title VIII, § 811, Dec. 12, 2003, 117 Stat. 2531,
2532, 2590; Pub. L. 109–59, title IV, § 4405, Aug. 10,
2005, 119 Stat. 1776.)
HISTORICAL AND REVISION NOTES
Revised
Section
44704(a)(1) ..

Source (U.S. Code)
49 App.:1423(a)(2)
(1st–4th sentences).

49 App.:1655(c)(1).

44704(a)(2) ..

§ 44704

TITLE 49—TRANSPORTATION

49 App.:1423(a)(1)
(related to regulations for appliances), (2) (5th,
last sentences).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 503(h), 603(a)(1) (related
to regulations for appliances), (2), (b) (related to
basis for issuing, and contents of, certificates), (c)
(related to basis for issuing, and contents of, certificates), 72 Stat. 774, 776.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
44704(b) ......

44704(c)(1) ..

44704(c)(2) ..

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1655(c)(1).
49 App.:1423(b) (related to basis for
issuing, and contents of, certificates).
49 App.:1655(c)(1).
49 App.:1423(c) (related to basis for
issuing, and contents of, certificates).
49 App.:1655(c)(1).
49 App.:1403(h).
49 App.:1655(c)(1).

In subsections (a)–(c)(1), the word ‘‘Administrator’’ in
section 603 of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 776) is retained on authority of
49:106(g).
In subsection (a)(1), the text of 49 App.:1423(a)(2) (1st
sentence 1st–16th words) and the words ‘‘in regulations’’ are omitted as surplus. The words ‘‘properly designed and manufactured, performs properly’’ are substituted for ‘‘of proper design, material, specification,
construction, and performance for safe operation’’ to
eliminate unnecessary words. The word ‘‘rules’’ is
omitted as being synonymous with ‘‘regulations’’. The
words ‘‘under section 44701(a) of this title’’ and ‘‘for a
type certificate’’ are added for clarity. The words ‘‘including flight tests and tests of raw materials or any
part or appurtenance of such aircraft, aircraft engine,
propeller, or appliance’’ are omitted as surplus.
In subsection (a)(2)(A), the words ‘‘issuance of’’ are
omitted as surplus.
In subsection (a)(2)(B), the words ‘‘the duration thereof and such other’’ are omitted as surplus. The words
‘‘conditions, and limitations’’ are omitted as being included in ‘‘terms’’.
In subsection (a)(2)(C), the words ‘‘issued for aircraft,
aircraft engines, or propellers’’ and ‘‘all of’’ are omitted
as surplus. The word ‘‘specification’’ is substituted for
‘‘determination’’ for clarity.
In subsection (b), the word ‘‘satisfactorily’’ is omitted as surplus. The words ‘‘shall inspect, and may require testing of, a duplicate to ensure that it conforms
to the requirements of the certificate’’ are substituted
for ‘‘shall make such inspection and may require such
tests of any aircraft, aircraft engine, propeller, or appliance manufactured under a production certificate as
may be necessary to assure manufacture of each unit in
conformity with the type certificate or any amendment
or modification thereof’’ to eliminate unnecessary
words. The words ‘‘the duration thereof and such other
. . . conditions, and limitations’’ are omitted as surplus.
In subsection (c)(1), the words ‘‘may apply to’’ are
substituted for ‘‘may file with . . . an application’’ to
eliminate unnecessary words. The words ‘‘in accordance with regulations prescribed by the Secretary of
Transportation’’ are omitted because of 49:322(a). The
words ‘‘the duration of such certificate, the type of
service for which the aircraft may be used, and such
other . . . conditions, and limitations’’ are omitted as
surplus.
In subsection (c)(2), the words ‘‘having a property interest’’ are substituted for ‘‘who are holders of property
interests’’ to eliminate unnecessary words.
REFERENCES IN TEXT
The date of enactment of this subsection, referred to
in subsec. (e)(1), is the date of enactment of Pub. L.
108–176, which was approved Dec. 12, 2003.
AMENDMENTS
2005—Subsec. (a)(1) to (3). Pub. L. 109–59, § 4405(1)–(3),
(5), (6), inserted par. headings, realigned margins, and
substituted ‘‘Except as provided in paragraph (4), if’’
for ‘‘If’’ in par. (3).

§ 44705

TITLE 49—TRANSPORTATION

Subsec. (a)(4). Pub. L. 109–59, § 4405(4), added par. (4).
2003—Pub. L. 108–176, § 227(e)(1), added section catchline and struck out former section catchline which read
as follows: ‘‘Type certificates, production certificates,
and airworthiness certificates’’.
Subsec. (a)(3). Pub. L. 108–176, § 811, added par. (3).
Subsec. (e). Pub. L. 108–176, § 227(b)(2), added subsec.
(e).
1996—Subsecs. (b) to (d). Pub. L. 104–264 added subsec.
(b) and redesignated former subsecs. (b) and (c) as (c)
and (d), respectively.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
PLAN FOR DEVELOPMENT AND OVERSIGHT OF SYSTEM
FOR CERTIFICATION OF DESIGN ORGANIZATIONS
Pub. L. 108–176, title II, § 227(b)(1), Dec. 12, 2003, 117
Stat. 2531, provided that: ‘‘Not later than 4 years after
the date of enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation
of the Senate a plan for the development and oversight
of a system for certification of design organizations to
certify compliance with the requirements and minimum standards prescribed under section 44701(a) of
title 49, United States Code, for the type certification
of aircraft, aircraft engines, propellers, or appliances.’’

§ 44705. Air carrier operating certificates
The Administrator of the Federal Aviation
Administration shall issue an air carrier operating certificate to a person desiring to operate as
an air carrier when the Administrator finds,
after investigation, that the person properly and
adequately is equipped and able to operate safely under this part and regulations and standards
prescribed under this part. An air carrier operating certificate shall—
(1) contain terms necessary to ensure safety
in air transportation; and
(2) specify the places to and from which, and
the airways of the United States over which, a
person may operate as an air carrier.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1189.)
HISTORICAL AND REVISION NOTES
Revised
Section
44705 ..........

Source (U.S. Code)
49 App.:1424(b).
49 App.:1655(c)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 604(b), 72 Stat. 778.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

In this section, the word ‘‘Administrator’’ in section
604(b) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 778) is retained on authority of 49:106(g).
Before clause (1), the words ‘‘may file with the Secretary of Transportation an application for an air carrier operating certificate’’ and ‘‘the requirements of’’

Page 894

are omitted as surplus. The word ‘‘rules’’ is omitted as
being synonymous with ‘‘regulations’’. In clause (1),
the words ‘‘conditions, and limitations . . . reasonably’’ are omitted as surplus. In clause (2), the word
‘‘places’’ is substituted for ‘‘points’’ for consistency in
the revised title. The words ‘‘under an air carrier operating certificate’’ are omitted as surplus.

§ 44706. Airport operating certificates
(a) GENERAL.—The Administrator of the Federal Aviation Administration shall issue an airport operating certificate to a person desiring to
operate an airport—
(1) that serves an air carrier operating aircraft designed for at least 31 passenger seats;
(2) that is not located in the State of Alaska
and serves any scheduled passenger operation
of an air carrier operating aircraft designed
for more than 9 passenger seats but less than
31 passenger seats; and
(3) that the Administrator requires to have a
certificate;
if the Administrator finds, after investigation,
that the person properly and adequately is
equipped and able to operate safely under this
part and regulations and standards prescribed
under this part.
(b) TERMS.—An airport operating certificate
issued under this section shall contain terms
necessary to ensure safety in air transportation.
Unless the Administrator decides that it is not
in the public interest, the terms shall include
conditions related to—
(1) operating and maintaining adequate safety equipment, including firefighting and rescue equipment capable of rapid access to any
part of the airport used for landing, takeoff, or
surface maneuvering of an aircraft; and
(2) friction treatment for primary and secondary runways that the Secretary of Transportation decides is necessary.
(c) EXEMPTIONS.—The Administrator may exempt from the requirements of this section, related to firefighting and rescue equipment, an
operator of an airport described in subsection (a)
of this section having less than .25 percent of the
total number of passenger boardings each year
at all airports described in subsection (a) when
the Administrator decides that the requirements are or would be unreasonably costly, burdensome, or impractical.
(d) COMMUTER AIRPORTS.—In developing the
terms required by subsection (b) for airports
covered by subsection (a)(2), the Administrator
shall identify and consider a reasonable number
of regulatory alternatives and select from such
alternatives the least costly, most cost-effective
or the least burdensome alternative that will
provide comparable safety at airports described
in subsections (a)(1) and (a)(2).
(e) EFFECTIVE DATE.—Any regulation establishing the terms required by subsection (b) for
airports covered by subsection (a)(2) shall not
take effect until such regulation, and a report
on the economic impact of the regulation on air
service to the airports covered by the rule, has
been submitted to Congress and 120 days have
elapsed following the date of such submission.
(f) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this title may be construed as requiring a person to obtain an airport operating cer-

Page 895

tificate if such person does not desire to operate
an airport described in subsection (a).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1189;
Pub. L. 104–264, title IV, § 404, Oct. 9, 1996, 110
Stat. 3256.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44706(a) ......

49 App.:1432(b) (1st,
2d sentences).

44706(b) ......

49 App.:1432(b) (3d,
last sentences).
49 App.:1432(c).

44706(c) ......

§ 44707

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 612(b); added
May 21, 1970, Pub. L.
91–258, § 51(b)(1), 84 Stat.
234; Nov. 27, 1971, Pub. L.
92–174, § 5(b), 85 Stat. 492;
Sept. 3, 1982, Pub. L.
97–248, §§ 524(f), 525(b), 96
Stat. 697.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 612(c); added
July 12, 1976, Pub. L.
94–353, § 19(a), 90 Stat. 883;
Sept. 3, 1982, Pub. L.
97–248, § 525(c), 96 Stat. 697.

In subsection (a), before clause (1), the words ‘‘may
file with the Administrator an application for an airport operating certificate’’ are omitted as surplus. In
clause (3), the words ‘‘the requirements of’’ are omitted
as surplus. The word ‘‘rules’’ is omitted as being synonymous with ‘‘regulations’’.
In subsection (b), before clause (1), the words ‘‘conditions, and limitations . . . reasonably’’ are omitted as
surplus. In clause (2), the words ‘‘grooving or other’’ are
omitted as surplus.
AMENDMENTS

§ 44707. Examining and rating air agencies
The Administrator of the Federal Aviation
Administration may examine and rate the following air agencies:
(1) civilian schools giving instruction in flying or repairing, altering, and maintaining
aircraft, aircraft engines, propellers, and appliances, on the adequacy of instruction, the
suitability and airworthiness of equipment,
and the competency of instructors.
(2) repair stations and shops that repair,
alter, and maintain aircraft, aircraft engines,
propellers, and appliances, on the adequacy
and suitability of the equipment, facilities,
and materials for, and methods of, repair and
overhaul, and the competency of the individuals doing the work or giving instruction in
the work.
(3) other air agencies the Administrator decides are necessary in the public interest.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1190.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44707 ..........

49 App.:1427 (1st sentence).

Aug. 23, 1958, Pub. L. 85–726,
§ 607 (1st sentence), 72
Stat. 779.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1655(c)(1).

1996—Subsec. (a). Pub. L. 104–264, § 404(a), added par.
(2), redesignated former par. (2) as (3), substituted ‘‘if’’
for ‘‘(3) when’’ in former par. (3) and adjusted the margins of that par. to make it a flush provision following
par. (3).
Subsec. (d). Pub. L. 104–264, § 404(b), added subsec. (d).
Subsec. (e). Pub. L. 104–264, § 404(c), added subsec. (e).
Subsec. (f). Pub. L. 104–264, § 404(d), added subsec. (f).

In this section, the word ‘‘Administrator’’ in section
607 (1st sentence) of the Federal Aviation Act of 1958
(Public Law 85–726, 72 Stat. 779) is retained on authority of 49:106(g). In clauses (1) and (2), the word ‘‘overhaul’’ is omitted as surplus. In clause (1), the words
‘‘course of’’ are omitted as surplus. In clause (3), the
words ‘‘in his opinion’’ are omitted as surplus.

EFFECTIVE DATE OF 1996 AMENDMENT

Pub. L. 106–181, title VII, § 734, Apr. 5, 2000, 114 Stat.
170, provided that:
‘‘(a) ESTABLISHMENT OF PANEL.—The Administrator
[of the Federal Aviation Administration]—
‘‘(1) shall establish an aircraft repair and maintenance advisory panel to review issues related to the
use and oversight of aircraft and aviation component
repair and maintenance facilities (in this section referred to as ‘aircraft repair facilities’) located within,
or outside of, the United States; and
‘‘(2) may seek the advice of the panel on any issue
related to methods to increase safety by improving
the oversight of aircraft repair facilities.
‘‘(b) MEMBERSHIP.—The panel shall consist of—
‘‘(1) nine members appointed by the Administrator
as follows:
‘‘(A) three representatives of labor organizations
representing aviation mechanics;
‘‘(B) one representative of cargo air carriers;
‘‘(C) one representative of passenger air carriers;
‘‘(D) one representative of aircraft repair facilities;
‘‘(E) one representative of aircraft manufacturers;
‘‘(F) one representative of on-demand passenger
air carriers and corporate aircraft operations; and
‘‘(G) one representative of regional passenger air
carriers;
‘‘(2) one representative from the Department of
Commerce, designated by the Secretary of Commerce;
‘‘(3) one representative from the Department of
State, designated by the Secretary of State; and
‘‘(4) one representative from the Federal Aviation
Administration, designated by the Administrator.

Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
IMPROVEMENT OF RUNWAY SAFETY AREAS
Pub. L. 109–115, div. A, title I, Nov. 30, 2005, 119 Stat.
2401, provided in part: ‘‘That not later than December
31, 2015, the owner or operator of an airport certificated
under 49 U.S.C. 44706 shall improve the airport’s runway
safety areas to comply with the Federal Aviation Administration design standards required by 14 CFR part
139: Provided further, That the Federal Aviation Administration shall report annually to the Congress on the
agency’s progress toward improving the runway safety
areas at 49 U.S.C. 44706 airports.’’
SMALL AIRPORT CERTIFICATION
Pub. L. 106–181, title V, § 518, Apr. 5, 2000, 114 Stat. 145,
provided that: ‘‘Not later than 60 days after the date of
the enactment of this Act [Apr. 5, 2000], the Administrator [of the Federal Aviation Administration] shall
issue a notice of proposed rulemaking on implementing
section 44706(a)(2) of title 49, United States Code, relating to issuance of airport operating certificates for
small scheduled passenger air carrier operations. Not
later than 1 year after the last day of the period for
public comment provided for in the notice of proposed
rulemaking, the Administrator shall issue a final rule
on implementing such program.’’

AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL

§ 44708

TITLE 49—TRANSPORTATION

‘‘(c) RESPONSIBILITIES.—The panel shall—
‘‘(1) determine the amount and type of work that is
being performed by aircraft repair facilities located
within, and outside of, the United States; and
‘‘(2) provide advice and counsel to the Secretary [of
Transportation] with respect to the aircraft and aviation component repair work performed by aircraft repair facilities and air carriers, staffing needs, and any
balance of trade or safety issues associated with that
work.
‘‘(d) DOT TO REQUEST INFORMATION FROM AIR CARRIERS AND REPAIR FACILITIES.—
‘‘(1) COLLECTION OF INFORMATION.—The Secretary,
by regulation, shall require air carriers, foreign air
carriers, domestic repair facilities, and foreign repair
facilities to submit such information as the Secretary may require in order to assess balance of trade
and safety issues with respect to work performed on
aircraft used by air carriers, foreign air carriers,
United States corporate operators, and foreign corporate operators.
‘‘(2) DRUG AND ALCOHOL TESTING INFORMATION.—Included in the information the Secretary requires
under paragraph (1) shall be information on the existence and administration of employee drug and alcohol testing programs in place at the foreign repair facilities, if applicable. The Secretary, if necessary,
shall work with the International Civil Aviation Organization to increase the number and improve the
administration of employee drug and alcohol testing
programs at the foreign repair facilities.
‘‘(3) DESCRIPTION OF WORK DONE.—Included in the information the Secretary requires under paragraph (1)
shall be information on the amount and type of work
performed on aircraft registered in and outside of the
United States.
‘‘(e) DOT TO FACILITATE COLLECTION OF INFORMATION
ABOUT AIRCRAFT MAINTENANCE.—The Secretary shall
facilitate the collection of information from the National Transportation Safety Board, the Federal Aviation Administration, and other appropriate agencies regarding maintenance performed by aircraft repair facilities.
‘‘(f) DOT TO MAKE INFORMATION AVAILABLE TO PUBLIC.—The Secretary shall make any relevant information received under subsection (d) available to the public, consistent with the authority to withhold trade secrets or commercial, financial, and other proprietary
information under section 552 of title 5, United States
Code.
‘‘(g) TERMINATION.—The panel established under subsection (a) shall terminate on the earlier of—
‘‘(1) the date that is 2 years after the date of the enactment of this Act [Apr. 5, 2000]; or
‘‘(2) December 31, 2001.
‘‘(h) DEFINITIONS.—The definitions contained in section 40102 of title 49, United States Code, shall apply to
this section.’’

§ 44708. Inspecting and rating air navigation facilities
The Administrator of the Federal Aviation
Administration may inspect, classify, and rate
an air navigation facility available for the use of
civil aircraft on the suitability of the facility
for that use.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1190.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44708 ..........

49 App.:1426 (1st sentence).

Aug. 23, 1958, Pub. L. 85–726,
§ 606 (1st sentence), 72
Stat. 779.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1655(c)(1).

Page 896

The word ‘‘Administrator’’ in section 606 (1st sentence) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 779) is retained on authority of 49:106(g).

§ 44709. Amendments, modifications, suspensions,
and revocations of certificates
(a) REINSPECTION AND REEXAMINATION.—The
Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder,
air navigation facility, or air agency, or reexamine an airman holding a certificate issued under
section 44703 of this title.
(b) ACTIONS OF THE ADMINISTRATOR.—The Administrator may issue an order amending, modifying, suspending, or revoking—
(1) any part of a certificate issued under this
chapter if—
(A) the Administrator decides after conducting a reinspection, reexamination, or
other investigation that safety in air commerce or air transportation and the public
interest require that action; or
(B) the holder of the certificate has violated an aircraft noise or sonic boom standard or regulation prescribed under section
44715(a) of this title; and
(2) an airman certificate when the holder of
the certificate is convicted of violating section 13(a) of the Fish and Wildlife Act of 1956
(16 U.S.C. 742j–1(a)).
(c) ADVICE TO CERTIFICATE HOLDERS AND OPPORTUNITY TO ANSWER.—Before acting under
subsection (b) of this section, the Administrator
shall advise the holder of the certificate of the
charges or other reasons on which the Administrator relies for the proposed action. Except in
an emergency, the Administrator shall provide
the holder an opportunity to answer the charges
and be heard why the certificate should not be
amended, modified, suspended, or revoked.
(d) APPEALS.—(1) A person adversely affected
by an order of the Administrator under this section may appeal the order to the National
Transportation Safety Board. After notice and
an opportunity for a hearing, the Board may
amend, modify, or reverse the order when the
Board finds—
(A) if the order was issued under subsection
(b)(1)(A) of this section, that safety in air commerce or air transportation and the public interest do not require affirmation of the order;
or
(B) if the order was issued under subsection
(b)(1)(B) of this section—
(i) that control or abatement of aircraft
noise or sonic boom and the public health
and welfare do not require affirmation of the
order; or
(ii) the order, as it is related to a violation
of aircraft noise or sonic boom standards and
regulations, is not consistent with safety in
air commerce or air transportation.
(2) The Board may modify a suspension or revocation of a certificate to imposition of a civil
penalty.
(3) When conducting a hearing under this subsection, the Board is not bound by findings of
fact of the Administrator but is bound by all

Page 897

validly adopted interpretations of laws and regulations the Administrator carries out and of
written agency policy guidance available to the
public related to sanctions to be imposed under
this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not
according to law.
(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—
(1) IN GENERAL.—When a person files an appeal with the Board under subsection (d), the
order of the Administrator is stayed.
(2) EXCEPTION.—Notwithstanding paragraph
(1), the order of the Administrator is effective
immediately if the Administrator advises the
Board that an emergency exists and safety in
air commerce or air transportation requires
the order to be effective immediately.
(3) REVIEW OF EMERGENCY ORDER.—A person
affected by the immediate effectiveness of the
Administrator’s order under paragraph (2) may
petition for a review by the Board, under procedures promulgated by the Board, of the Administrator’s determination that an emergency exists. Any such review shall be requested not later than 48 hours after the order
is received by the person. If the Board finds
that an emergency does not exist that requires
the immediate application of the order in the
interest of safety in air commerce or air transportation, the order shall be stayed, notwithstanding paragraph (2). The Board shall dispose of a review request under this paragraph
not later than 5 days after the date on which
the request is filed.
(4) FINAL DISPOSITION.—The Board shall
make a final disposition of an appeal under
subsection (d) not later than 60 days after the
date on which the appeal is filed.
(f) JUDICIAL REVIEW.—A person substantially
affected by an order of the Board under this section, or the Administrator when the Administrator decides that an order of the Board under
this section will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under section 46110 of
this title. The Administrator shall be made a
party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1190;
Pub. L. 106–181, title VII, § 716, Apr. 5, 2000, 114
Stat. 162; Pub. L. 108–176, title II, § 227(c), Dec. 12,
2003, 117 Stat. 2532.)
HISTORICAL AND REVISION NOTES
Revised
Section
44709(a) ......

Source (U.S. Code)
49 App.:1429(a) (1st
sentence).

49 App.:1655(c)(1).

44709(b) ......

§ 44709

TITLE 49—TRANSPORTATION

49 App.:1429(a) (2d
sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 609(a) (1st–7th sentences,
8th–last sentences less Administrator under title
VII), 72 Stat. 779; Nov. 18,
1971, Pub. L. 92–159, § 2(a),
85 Stat. 481; Nov. 27, 1971,
Pub. L. 92–174, § 6, 85 Stat.
492; Aug. 26, 1992, Pub. L.
102–345, § 3(a)(1), 106 Stat.
925.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)
49 App.:1429(b).

49 App.:1431(e)
(words before 4th
comma).

44709(c) ......

44709(d)(1) ..

44709(d)(2) ..
44709(d)(3) ..
44709(e) ......
44709(f) .......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 609(b); added
Nov. 18, 1971, Pub. L.
92–159, § 2(a), 85 Stat. 481.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 611(e); added
July 21, 1968, Pub. L.
90–411, § 1, 82 Stat. 395; restated Oct. 27, 1972, Pub.
L. 92–574, § 7(b), 86 Stat.
1241.

49 App.:1655(c)(1).
49 App.:1429(a) (3d
sentence).
49 App.:1431(e)
(words between
4th and 5th commas).
49 App.:1655(c)(1).
49 App.:1429(a) (4th
sentence).
49 App.:1431(e)
(words after 4th
comma).
49 App.:1429(a) (6th
sentence).
49 App.:1429(a) (5th
sentence).
49 App.:1655(c)(1).
49 App.:1429(a) (7th
sentence).
49 App.:1655(c)(1).
49 App.:1429(a)
(8th–last sentences less Administrator under
subch. VII).
49 App.:1655(c)(1).

In this section, the word ‘‘Administrator’’ in section
609(a) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 779) is retained on authority of 49:106(g).
The words ‘‘modifying’’, ‘‘modify’’, and ‘‘modified’’ are
omitted as surplus.
In subsection (a), the words ‘‘airman holding a certificate issued under section 44703 of this title’’ are substituted for ‘‘civil airman’’ for clarity.
In subsection (b)(1), before subclause (A), the words
‘‘certificate issued under this chapter’’ are substituted
for ‘‘type certificate, production certificate, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate (including airport operating certificate), or air agency
certificate’’ to eliminate unnecessary words.
In subsection (b)(2), the words ‘‘in his discretion’’ and
‘‘regarding the use or operation of an aircraft’’ in 49
App.:1429(b) are omitted as surplus.
In subsection (c), the words ‘‘cases of’’ in 49
App.:1429(a) are omitted as surplus.
In subsection (d)(1), before clause (A), the word ‘‘adversely’’ is substituted for ‘‘whose certificate is’’ in 49
App.:1429(a), and the words ‘‘an opportunity for a’’ are
added, for consistency in the revised title and with
other titles of the United States Code. The words ‘‘of
the FAA’’ in 49 App.:1431(e) are omitted as surplus.
In subsection (d)(2), the words ‘‘consistent with this
subsection’’ are omitted as surplus.
In subsection (d)(3), the word ‘‘Administrator’’ is substituted for ‘‘Federal Aviation Administration’’ because of 49:106(b) and (g).
In subsection (e), before clause (1), the words ‘‘the effectiveness of’’ are omitted as surplus.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–176 inserted ‘‘design organization, production certificate holder,’’ after ‘‘appliance,’’.
2000—Subsec. (e). Pub. L. 106–181 amended heading
and text of subsec. (e) generally. Prior to amendment,
text read as follows: ‘‘When a person files an appeal
with the Board under subsection (d) of the section, the
order of the Administrator is stayed. However, if the
Administrator advises the Board that an emergency exists and safety in air commerce or air transportation
requires the order to be effective immediately—

§ 44710

TITLE 49—TRANSPORTATION

‘‘(1) the order is effective; and
‘‘(2) the Board shall make a final disposition of the
appeal not later than 60 days after the Administrator
so advises the Board.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 44710. Revocations of airman certificates for
controlled substance violations
(a) DEFINITION.—In this section, ‘‘controlled
substance’’ has the same meaning given that
term in section 102 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21
U.S.C. 802).
(b) REVOCATION.—(1) The Administrator of the
Federal Aviation Administration shall issue an
order revoking an airman certificate issued an
individual under section 44703 of this title after
the individual is convicted, under a law of the
United States or a State related to a controlled
substance (except a law related to simple possession of a controlled substance), of an offense
punishable by death or imprisonment for more
than one year if the Administrator finds that—
(A) an aircraft was used to commit, or facilitate the commission of, the offense; and
(B) the individual served as an airman, or
was on the aircraft, in connection with committing, or facilitating the commission of, the
offense.
(2) The Administrator shall issue an order revoking an airman certificate issued an individual under section 44703 of this title if the Administrator finds that—
(A) the individual knowingly carried out an
activity punishable, under a law of the United
States or a State related to a controlled substance (except a law related to simple possession of a controlled substance), by death or
imprisonment for more than one year;
(B) an aircraft was used to carry out or facilitate the activity; and
(C) the individual served as an airman, or
was on the aircraft, in connection with carrying out, or facilitating the carrying out of, the
activity.
(3) The Administrator has no authority under
paragraph (1) of this subsection to review whether an airman violated a law of the United States
or a State related to a controlled substance.
(c) ADVICE TO HOLDERS AND OPPORTUNITY TO
ANSWER.—Before the Administrator revokes a
certificate under subsection (b) of this section,
the Administrator must—
(1) advise the holder of the certificate of the
charges or reasons on which the Administrator
relies for the proposed revocation; and
(2) provide the holder of the certificate an
opportunity to answer the charges and be
heard why the certificate should not be revoked.

Page 898

(d) APPEALS.—(1) An individual whose certificate is revoked by the Administrator under subsection (b) of this section may appeal the revocation order to the National Transportation
Safety Board. The Board shall affirm or reverse
the order after providing notice and an opportunity for a hearing on the record. When conducting the hearing, the Board is not bound by
findings of fact of the Administrator but shall
be bound by all validly adopted interpretations
of laws and regulations the Administrator carries out and of written agency policy guidance
available to the public related to sanctions to be
imposed under this section unless the Board
finds an interpretation is arbitrary, capricious,
or otherwise not according to law.
(2) When an individual files an appeal with the
Board under this subsection, the order of the Administrator revoking the certificate is stayed.
However, if the Administrator advises the Board
that safety in air transportation or air commerce requires the immediate effectiveness of
the order—
(A) the order remains effective; and
(B) the Board shall make a final disposition
of the appeal not later than 60 days after the
Administrator so advises the Board.
(3) An individual substantially affected by an
order of the Board under this subsection, or the
Administrator when the Administrator decides
that an order of the Board will have a significant adverse effect on carrying out this part,
may obtain judicial review of the order under
section 46110 of this title. The Administrator
shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(e) ACQUITTAL.—(1) The Administrator may
not revoke, and the Board may not affirm a revocation of, an airman certificate under subsection (b)(2) of this section on the basis of an
activity described in subsection (b)(2)(A) if the
holder of the certificate is acquitted of all
charges related to a controlled substance in an
indictment or information arising from the activity.
(2) If the Administrator has revoked an airman certificate under this section because of an
activity described in subsection (b)(2)(A) of this
section, the Administrator shall reissue a certificate to the individual if—
(A) the individual otherwise satisfies the requirements for a certificate under section
44703 of this title; and
(B)(i) the individual subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising
from the activity; or
(ii) the conviction on which a revocation
under subsection (b)(1) of this section is based
is reversed.
(f) WAIVERS.—The Administrator may waive
the requirement of subsection (b) of this section
that an airman certificate of an individual be revoked if—
(1) a law enforcement official of the United
States Government or of a State requests a
waiver; and
(2) the Administrator decides that the waiver will facilitate law enforcement efforts.

Page 899

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1191.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44710(a) ......

49 App.:1429(c)(4).

44710(b)(1) ..

49 App.:1429(c)(1)
(1st sentence).
49 App.:1429(c)(2)
(1st sentence).
49 App.:1429(c)(1)
(last sentence).
49 App.:1429(c)(3)
(1st sentence).

44710(b)(2) ..
44710(b)(3) ..
44710(c) ......

44710(d) ......

44710(e)(2) ..

49 App.:1429(c)(3)
(2d–last sentences).
49 App.:1429(c)(2)
(last sentence).
49 App.:1422(b)(2)(C).

44710(f) .......

49 App.:1429(c)(5).

44710(e)(1) ..

§ 44711

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 609(c)(1), (2),
(4); added Oct. 19, 1984,
Pub. L. 98–499, § 2(a), 98
Stat. 2312, 2313.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 609(c)(3);
added Oct. 19, 1984, Pub. L.
98–499, § 2(a), 98 Stat. 2312;
Aug. 26, 1992, Pub. L.
102–345, § 3(b), 106 Stat. 926.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 602(b)(2)(C);
added Oct. 19, 1984, Pub. L.
98–499, § 3, 98 Stat. 2313.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 609(c)(5);
added Nov. 18, 1988, Pub.
L. 100–690, § 7204(b), 102
Stat. 4425.

In subsection (b)(1) and (2), before each clause (A), the
words ‘‘of any person’’ are omitted as surplus. The
words ‘‘issued . . . under section 44703 of this title’’ are
added for clarity.
In subsection (b)(1), the word ‘‘offense’’ is substituted
for ‘‘crime’’ for consistency in the revised title and
with other titles of the United States Code.
In subsection (b)(2)(C), the words ‘‘in connection with
carrying out, or facilitating the carrying out of, the activity’’ are substituted for ‘‘in connection with such activity or the facilitation of such activity’’ for consistency with the source provisions restated in paragraph
(1)(B) of this subsection.
In subsection (d)(1), the word ‘‘Administrator’’ is substituted for ‘‘Federal Aviation Administration’’ because of 49:106(b) and (g).
In subsection (e)(1), the words ‘‘on appeal’’ and ‘‘contained’’ are omitted as surplus.
In subsection (e)(2)(B)(i), the word ‘‘contained’’ is
omitted as surplus.
In subsection (e)(2)(B)(ii), the words ‘‘judgment of’’
are omitted as surplus.

§ 44711. Prohibitions and exemption
(a) PROHIBITIONS.—A person may not—
(1) operate a civil aircraft in air commerce
without an airworthiness certificate in effect
or in violation of a term of the certificate;
(2) serve in any capacity as an airman with
respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use,
in air commerce—
(A) without an airman certificate authorizing the airman to serve in the capacity for
which the certificate was issued; or
(B) in violation of a term of the certificate
or a regulation prescribed or order issued
under section 44701(a) or (b) or any of sections 44702–44716 of this title;
(3) employ for service related to civil aircraft used in air commerce an airman who
does not have an airman certificate authorizing the airman to serve in the capacity for
which the airman is employed;

(4) operate as an air carrier without an air
carrier operating certificate or in violation of
a term of the certificate;
(5) operate aircraft in air commerce in violation of a regulation prescribed or certificate
issued under section 44701(a) or (b) or any of
sections 44702–44716 of this title;
(6) operate a seaplane or other aircraft of
United States registry on the high seas in violation of a regulation under section 3 of the
International Navigational Rules Act of 1977
(33 U.S.C. 1602);
(7) violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or order issued
under section 44701(a) or (b) or any of sections
44702–44716 of this title related to the holder of
the certificate;
(8) operate an airport without an airport operating certificate required under section 44706
of this title or in violation of a term of the
certificate; or
(9) manufacture, deliver, sell, or offer for
sale any aviation fuel or additive in violation
of a regulation prescribed under section 44714
of this title.
(b) EXEMPTION.—On terms the Administrator
of the Federal Aviation Administration prescribes as being in the public interest, the Administrator may exempt a foreign aircraft and
airmen serving on the aircraft from subsection
(a) of this section. However, an exemption from
observing air traffic regulations may not be
granted.
(c) PROHIBITION ON EMPLOYMENT OF CONVICTED
COUNTERFEIT PART TRAFFICKERS.—No person
subject to this chapter may knowingly employ
anyone to perform a function related to the procurement, sale, production, or repair of a part or
material, or the installation of a part into a
civil aircraft, who has been convicted in a court
of law of a violation of any Federal law relating
to the installation, production, repair, or sale of
a counterfeit or fraudulently-represented aviation part or material.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1193;
Pub. L. 103–429, § 6(56), Oct. 31, 1994, 108 Stat.
4385; Pub. L. 106–181, title V, § 505(b), Apr. 5, 2000,
114 Stat. 136; Pub. L. 108–176, title II, § 227(d),
Dec. 12, 2003, 117 Stat. 2532.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

44711(a)(1) ..

49 App.:1430(a)(1).

44711(a)(2)
44711(a)(3)
44711(a)(4)
44711(a)(5)
44711(a)(6)

49
49
49
49
49

..
..
..
..
..

44711(a)(7) ..

App.:1430(a)(2).
App.:1430(a)(3).
App.:1430(a)(4).
App.:1430(a)(5).
App.:1430(a)(6).

49 App.:1430(a)(7).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 610(a)(1)–(5), (b), 72 Stat.
780.

Aug. 23, 1958, Pub. L. 85–726,
§ 610(a)(6), 72 Stat. 780;
May 21, 1970, Pub. L.
91–258,
§ 51(b)(3)(A),
84
Stat. 235.
Aug. 23, 1958, Pub. L. 85–726,
§ 610(a)(7), 72 Stat. 780;
May 21, 1970, Pub. L.
91–258,
§ 51(b)(3)(B),
84
Stat. 235; Dec. 31, 1970,
Pub. L. 91–604, § 11(b)(2), 84
Stat. 1705.

§ 44712

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

44711(a)(8) ..

49 App.:1430(a)(8).

44711(a)(9) ..

49 App.:1430(a)(9).

44711(b) ......

49 App.:1430(b).
49 App.:1655(c)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 610(a)(8);
added May 21, 1970, Pub.
L. 91–258, § 51(b)(3)(C), 84
Stat. 235; Dec. 31, 1970,
Pub. L. 91–604, § 11(b)(2), 84
Stat. 1705; restated Sept.
3, 1982, Pub. L. 97–248,
§ 525(d), 96 Stat. 697.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 610(a)(9);
added Dec. 31, 1970, Pub.
L. 91–604, § 11(b)(2), 84
Stat. 1705; Nov. 9, 1977,
Pub. L. 95–163, § 15(b)(2), 91
Stat. 1283.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

In subsection (a)(1) and (7), the words ‘‘condition, or
limitation’’ are omitted as being included in ‘‘term’’.
In subsection (a)(1), the words ‘‘without . . . in effect’’ are substituted for ‘‘for which there is not currently in effect an’’ to eliminate unnecessary words.
In subsection (a)(2), (5), and (7), the word ‘‘rule’’ is
omitted as being synonymous with ‘‘regulations’’.
In subsection (a)(2)(B), the word ‘‘prescribed’’ is added
for consistency in the revised title and with other titles
of the United States Code.
In subsection (a)(5) and (7), the words ‘‘prescribed . . .
issued’’ are added for consistency in the revised title
and with other titles of the Code.
In subsection (a)(5), the words ‘‘of the Secretary of
Transportation’’ are omitted as surplus.
In subsection (a)(6), the words ‘‘proclaimed by the
President’’ are omitted as surplus. The words ‘‘section
3 of the International Navigational Rules Act of 1977 (33
U.S.C. 1602)’’ are substituted for ‘‘section 143 of title 33’’
because the section was part of the Act of October 11,
1951 (ch. 495, 65 Stat. 406), that was repealed by section
3 of the Act of September 24, 1963 (Public Law 88–131, 77
Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational
Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and replaced by 33:1601–1608.
In subsection (a)(7), the words ‘‘holding . . . such certificate’’ are omitted because of the restatement.
In subsection (a)(8), the words ‘‘by the Administrator’’ are omitted as surplus.
In subsection (b), the word ‘‘Administrator’’ in section 610(b) of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 780) is retained on authority of
49:106(g). The words ‘‘to the extent, and . . . and conditions’’ and ‘‘by such airmen’’ are omitted as surplus.
PUB. L. 103–429
This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b)
to correct erroneous cross-references.
AMENDMENTS
2003—Subsec. (a)(7). Pub. L. 108–176 substituted ‘‘agency, design organization certificate,’’ for ‘‘agency’’.
2000—Subsec. (c). Pub. L. 106–181 added subsec. (c).
1994—Subsec. (a)(2)(B), (5), (7). Pub. L. 103–429 inserted
‘‘any of sections’’ before ‘‘44702–44716’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

Page 900

EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

§ 44712. Emergency locator transmitters
(a) INSTALLATION.—An emergency locator
transmitter must be installed on a fixed-wing
powered civil aircraft for use in air commerce.
(b) NONAPPLICATION.—Prior to January 1, 2002,
subsection (a) does not apply to—
(1) turbojet-powered aircraft;
(2) aircraft when used in scheduled flights by
scheduled air carriers holding certificates issued by the Secretary of Transportation under
subpart II of this part;
(3) aircraft when used in training operations
conducted entirely within a 50 mile radius of
the airport from which the training operations
begin;
(4) aircraft when used in flight operations related to design and testing, the manufacture,
preparation, and delivery of the aircraft, or
the aerial application of a substance for an agricultural purpose;
(5) aircraft holding certificates from the Administrator of the Federal Aviation Administration for research and development;
(6) aircraft when used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys; and
(7) aircraft equipped to carry only one individual.
(c) NONAPPLICATION BEGINNING ON JANUARY 1,
2002.—
(1) IN GENERAL.—Subject to paragraph (2), on
and after January 1, 2002, subsection (a) does
not apply to—
(A) aircraft when used in scheduled flights
by scheduled air carriers holding certificates
issued by the Secretary of Transportation
under subpart II of this part;
(B) aircraft when used in training operations conducted entirely within a 50-mile
radius of the airport from which the training
operations begin;
(C) aircraft when used in flight operations
related to the design and testing, manufacture, preparation, and delivery of aircraft;
(D) aircraft when used in research and development if the aircraft holds a certificate
from the Administrator of the Federal Aviation Administration to carry out such research and development;
(E) aircraft when used in showing compliance with regulations, crew training, exhibition, air racing, or market surveys;
(F) aircraft when used in the aerial application of a substance for an agricultural
purpose;
(G) aircraft with a maximum payload capacity of more than 18,000 pounds when used
in air transportation; or
(H) aircraft equipped to carry only one individual.
(2) DELAY IN IMPLEMENTATION.—The Administrator of the Federal Aviation Administration may continue to implement subsection
(b) rather than subsection (c) for a period not
to exceed 2 years after January 1, 2002, if the

Page 901

Administrator finds such action is necessary
to promote—
(A) a safe and orderly transition to the operation of civil aircraft equipped with an
emergency locator; or
(B) other safety objectives.
(d) COMPLIANCE.—An aircraft meets the requirement of subsection (a) if it is equipped with
an emergency locator transmitter that transmits on the 121.5/243 megahertz frequency or the
406 megahertz frequency or with other equipment approved by the Secretary for meeting the
requirement of subsection (a).
(e) REMOVAL.—The Administrator shall prescribe regulations specifying the conditions
under which an aircraft subject to subsection (a)
of this section may operate when its emergency
locator transmitter has been removed for inspection, repair, alteration, or replacement.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1194;
Pub. L. 106–181, title V, § 501(a), Apr. 5, 2000, 114
Stat. 131.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44712(a) ......

49 App.:1421(d)(1).

44712(b) ......

49 App.:1421(d)(2).

49 App.:1551(b)(1)(E).

44712(c) ......

§ 44713

TITLE 49—TRANSPORTATION

49 App.:1421(d)(3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 601(d)(1);
added Dec. 29, 1970, Pub.
L. 91–596, § 31, 84 Stat. 1619;
restated Jan. 2, 1974, Pub.
L. 93–239, § 4, 87 Stat. 1048;
Nov. 9, 1977, Pub. L. 95–163,
§ 15(a)(1), 91 Stat. 1283.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 601(d)(2);
added Dec. 29, 1970, Pub.
L. 91–596, § 31, 84 Stat. 1619;
restated Jan. 2, 1974, Pub.
L. 93–239, § 4, 87 Stat. 1048.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 601(d)(3);
added Nov. 9, 1977, Pub. L.
95–163, § 15(a)(2), 91 Stat.
1283.

In subsection (a), the words ‘‘Except with respect to
aircraft described in paragraph (2) of this subsection
and except as provided in paragraph (3) of this subsection’’ are omitted as surplus. The words ‘‘minimum
standards pursuant to this section shall include a requirement that’’, the text of 49 App.:1421(d)(1)(A), and
the words ‘‘after three years and six months following
such date’’ are omitted as executed.
In subsection (b), the word ‘‘used’’ is substituted for
‘‘engaged’’ for consistency. In clause (3), the word
‘‘training’’ is substituted for ‘‘local flight’’ for consistency. In clause (4), the words ‘‘chemicals and other’’
are omitted as surplus. In clause (5), the word ‘‘purposes’’ is omitted as surplus.
In subsection (c), the words ‘‘prescribe regulations’’
are substituted for ‘‘shall issue regulations . . . as he
prescribes in such regulations’’ to eliminate unnecessary words. The words ‘‘such limitations and’’ and
‘‘from such aircraft’’ are omitted as surplus.
AMENDMENTS
2000—Subsec. (b). Pub. L. 106–181, § 501(a)(1), substituted ‘‘Prior to January 1, 2002, subsection (a)’’ for
‘‘Subsection (a) of this section’’ in introductory provisions.
Subsecs. (c) to (e). Pub. L. 106–181, § 501(a)(2), (3),
added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of

Pub. L. 106–181, set out as a note under section 106 of
this title.
REGULATIONS
Pub. L. 106–181, title V, § 501(b), Apr. 5, 2000, 114 Stat.
132, provided that: ‘‘The Secretary [of Transportation]
shall issue regulations to carry out section 44712(c) of
title 49, United States Code, as amended by this section, not later than January 1, 2001.’’

§ 44713. Inspection and maintenance
(a) GENERAL EQUIPMENT REQUIREMENTS.—An
air carrier shall make, or cause to be made, any
inspection, repair, or maintenance of equipment
used in air transportation as required by this
part or regulations prescribed or orders issued
by the Administrator of the Federal Aviation
Administration under this part. A person operating, inspecting, repairing, or maintaining the
equipment shall comply with those requirements, regulations, and orders.
(b) DUTIES OF INSPECTORS.—The Administrator
of the Federal Aviation Administration shall
employ inspectors who shall—
(1) inspect aircraft, aircraft engines, propellers, and appliances designed for use in air
transportation, during manufacture and when
in use by an air carrier in air transportation,
to enable the Administrator to decide whether
the aircraft, aircraft engines, propellers, or appliances are in safe condition and maintained
properly; and
(2) advise and cooperate with the air carrier
during that inspection and maintenance.
(c) UNSAFE AIRCRAFT, ENGINES, PROPELLERS,
APPLIANCES.—When an inspector decides
that an aircraft, aircraft engine, propeller, or
appliance is not in condition for safe operation,
the inspector shall notify the air carrier in the
form and way prescribed by the Administrator
of the Federal Aviation Administration. For 5
days after the carrier is notified, the aircraft,
engine, propeller, or appliance may not be used
in air transportation or in a way that endangers
air transportation unless the Administrator or
the inspector decides the aircraft, engine, propeller, or appliance is in condition for safe operation.
(d) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the Federal Aviation Administration
shall make modifications in the system for processing forms for major repairs or alterations to
fuel tanks and fuel systems of aircraft not used
to provide air transportation that are necessary
to make the system more effective in serving
the needs of users of the system, including officials responsible for enforcing laws related to
the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21
U.S.C. 802)). The modifications shall address at
least each of the following deficiencies in, and
abuses of, the existing system:
(A) the lack of a special identification feature to allow the forms to be distinguished
easily from other major repair and alteration
forms.
(B) the excessive period of time required to
receive the forms at the Airmen and Aircraft
Registry of the Administration.
(C) the backlog of forms waiting for processing at the Registry.
AND

§ 44714

TITLE 49—TRANSPORTATION

(D) the lack of ready access by law enforcement officials to information contained on the
forms.
(2) The Administrator of the Federal Aviation
Administration shall prescribe regulations to
carry out paragraph (1) of this subsection and
provide a written explanation of how the regulations address each of the deficiencies and abuses
described in paragraph (1). In prescribing the
regulations, the Administrator of the Federal
Aviation Administration shall consult with the
Administrator of Drug Enforcement, the Commissioner of Customs, other law enforcement officials of the United States Government, representatives of State and local law enforcement
officials, representatives of the general aviation
aircraft industry, representatives of users of
general aviation aircraft, and other interested
persons.
(e) AUTOMATED SURVEILLANCE TARGETING SYSTEMS.—
(1) IN GENERAL.—The Administrator shall
give high priority to developing and deploying
a fully enhanced safety performance analysis
system that includes automated surveillance
to assist the Administrator in prioritizing and
targeting surveillance and inspection activities of the Federal Aviation Administration.
(2) DEADLINES FOR DEPLOYMENT.—
(A) INITIAL PHASE.—The initial phase of
the operational deployment of the system
developed under this subsection shall begin
not later than December 31, 1997.
(B) FINAL PHASE.—The final phase of field
deployment of the system developed under
this subsection shall begin not later than
December 31, 1999. By that date, all principal
operations and maintenance inspectors of
the Administration, and appropriate supervisors and analysts of the Administration
shall have been provided access to the necessary information and resources to carry
out the system.
(3) INTEGRATION OF INFORMATION.—In developing the system under this section, the Administration shall consider the near-term integration of accident and incident data into
the safety performance analysis system under
this subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1194;
Pub. L. 104–264, title IV, § 407(b), Oct. 9, 1996, 110
Stat. 3258.)
HISTORICAL AND REVISION NOTES
Revised
Section
44713(a) ......

Source (U.S. Code)
49 App.:1425(a).
49 App.:1655(c)(1).

44713(b) ......
44713(c) ......
44713(d)(1) ..

49 App.:1425(b) (1st
sentence).
49 App.:1655(c)(1).
49 App.:1425(b) (last
sentence).
49 App.:1655(c)(1).
49 App.:1303 (note).
49 App.:1425(c).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 605(a), (b), 72 Stat. 778.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

Nov. 18, 1988, Pub. L. 100–690,
§ 7214, 102 Stat. 4434.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 605(c); added
Nov. 18, 1988, Pub. L.
100–690, § 7206(a), 102 Stat.
4426.

Page 902

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

44713(d)(2) ..

49 App.:1401 (note).

Source (Statutes at Large)
Nov. 18, 1988, Pub. L. 100–690,
§ 7207(a) (1st sentence), (b),
102 Stat. 4427.

In subsections (a)–(c), the word ‘‘Administrator’’ in
section 605(a) and (b) of the Federal Aviation Act of
1958 (Public Law 85–726, 72 Stat. 778) is retained on authority of 49:106(g).
In subsection (a), the word ‘‘overhaul’’ is omitted as
being included in ‘‘repair’’. The word ‘‘prescribed’’ is
added for consistency in the revised title and with
other titles of the United States Code. The words ‘‘A
person operating, inspecting, overhauling, or maintaining the equipment shall comply with those requirements, regulations, and orders’’ are substituted for 49
App.:1425(a) (last sentence) to eliminate unnecessary
words.
In subsection (b), before clause (1), the words ‘‘be
charged with the duty . . . of’’ are omitted as surplus.
In clause (1), the words ‘‘in use’’ are substituted for
‘‘used by an air carrier in air transportation’’ to eliminate unnecessary words. The words ‘‘as may be necessary’’ and ‘‘for operation in air transportation’’ are
omitted as surplus.
In subsection (c), the words ‘‘in the performance of
his duty’’, ‘‘used or intended to be used by any air carrier in air transportation’’, and ‘‘a period of’’ are omitted as surplus.
In subsection (d)(1), before clause (A), the words ‘‘not
used to provide air transportation’’ are substituted for
section 7214 of the Anti-Drug Abuse Act of 1988 (Public
Law 100–690, 102 Stat. 4434) because of the restatement.
In subsection (d)(2), the words ‘‘Not later than September 18, 1989’’ and ‘‘final’’ are omitted as obsolete.
The words ‘‘Administrator of Drug Enforcement’’ are
substituted for ‘‘Drug Enforcement Administration of
the Department of Justice’’ because of section 5(a) of
Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87
Stat. 1092). The words ‘‘Commissioner of Customs’’ are
substituted for ‘‘United States Customs Service’’ because of 19:2071.
AMENDMENTS
1996—Subsec. (e). Pub. L. 104–264 added subsec. (e).
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.

§ 44714. Aviation fuel standards
The Administrator of the Federal Aviation
Administration shall prescribe—
(1) standards for the composition or chemical or physical properties of an aircraft fuel or
fuel additive to control or eliminate aircraft
emissions the Administrator of the Environmental Protection Agency decides under section 231 of the Clean Air Act (42 U.S.C. 7571)
endanger the public health or welfare; and

Page 903

TITLE 49—TRANSPORTATION

(2) regulations providing for carrying out
and enforcing those standards.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1195.)
HISTORICAL AND REVISION NOTES
Revised
Section
44714 ..........

§ 44715

applicable aircraft, aircraft engine, appliance,
or certificate; and
(5) consider the extent to which the standard
or regulation will carry out the purposes of
this section.
(c) PROPOSED REGULATIONS OF ADMINISTRATOR
ENVIRONMENTAL PROTECTION AGENCY.—The
Administrator of the Environmental Protection
Agency shall submit to the Administrator of the
Federal Aviation Administration proposed regulations to control and abate aircraft noise and
sonic boom (including control and abatement
through the use of the authority of the Administrator of the Federal Aviation Administration)
that the Administrator of the Environmental
Protection Agency considers necessary to protect the public health and welfare. The Administrator of the Federal Aviation Administration
shall consider those proposed regulations and
shall publish them in a notice of proposed regulations not later than 30 days after they are received. Not later than 60 days after publication,
the Administrator of the Federal Aviation Administration shall begin a hearing at which interested persons are given an opportunity for
oral and written presentations. Not later than 90
days after the hearing is completed and after
consulting with the Administrator of the Environmental Protection Agency, the Administrator of the Federal Aviation Administration
shall—
(1) prescribe regulations as provided by this
section—
(A) substantially the same as the proposed
regulations submitted by the Administrator
of the Environmental Protection Agency; or
(B) that amend the proposed regulations;
or
OF

Source (U.S. Code)
49 App.:1421(e).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 601(e); added
Dec. 31, 1970, Pub. L.
91–604, § 11(b)(1), 84 Stat.
1705; Nov. 9, 1977, Pub. L.
95–163, § 15(b)(1), 91 Stat.
1283.

In this section, before clause (1), the words ‘‘and from
time to time revise’’ are omitted as surplus. In clause
(1), the words ‘‘establishing’’ and ‘‘the purpose of’’ are
omitted as surplus.

§ 44715. Controlling aircraft noise and sonic
boom
(a) STANDARDS AND REGULATIONS.—(1)(A) To
relieve and protect the public health and welfare
from aircraft noise and sonic boom, the Administrator of the Federal Aviation Administration,
as he deems necessary, shall prescribe—
(i) standards to measure aircraft noise and
sonic boom; and
(ii) regulations to control and abate aircraft
noise and sonic boom.
(B) The Administrator, as the Administrator
deems appropriate, shall provide for the participation of a representative of the Environmental
Protection Agency on such advisory committees
or associated working groups that advise the
Administrator on matters related to the environmental effects of aircraft and aircraft engines.
(2) The Administrator of the Federal Aviation
Administration may prescribe standards and
regulations under this subsection only after consulting with the Administrator of the Environmental Protection Agency. The standards and
regulations shall be applied when issuing,
amending, modifying, suspending, or revoking a
certificate authorized under this chapter.
(3) An original type certificate may be issued
under section 44704(a) of this title for an aircraft
for which substantial noise abatement can be
achieved only after the Administrator of the
Federal Aviation Administration prescribes
standards and regulations under this section
that apply to that aircraft.
(b) CONSIDERATIONS AND CONSULTATION.—When
prescribing a standard or regulation under this
section, the Administrator of the Federal Aviation Administration shall—
(1) consider relevant information related to
aircraft noise and sonic boom;
(2) consult with appropriate departments,
agencies, and instrumentalities of the United
States Government and State and interstate
authorities;
(3) consider whether the standard or regulation is consistent with the highest degree of
safety in air transportation or air commerce
in the public interest;
(4) consider whether the standard or regulation is economically reasonable, technologically practicable, and appropriate for the

(2) publish in the Federal Register—
(A) a notice that no regulation is being
prescribed in response to the proposed regulations of the Administrator of the Environmental Protection Agency;
(B) a detailed analysis of, and response to,
all information the Administrator of the Environmental Protection Agency submitted
with the proposed regulations; and
(C) a detailed explanation of why no regulation is being prescribed.
(d) CONSULTATION AND REPORTS.—(1) If the Administrator of the Environmental Protection
Agency believes that the action of the Administrator of the Federal Aviation Administration
under subsection (c)(1)(B) or (2) of this section
does not protect the public health and welfare
from aircraft noise or sonic boom, consistent
with the considerations in subsection (b) of this
section, the Administrator of the Environmental Protection Agency shall consult with
the Administrator of the Federal Aviation Administration and may request a report on the
advisability of prescribing the regulation as
originally proposed. The request, including a detailed statement of the information on which
the request is based, shall be published in the
Federal Register.
(2) The Administrator of the Federal Aviation
Administration shall report to the Administrator of the Environmental Protection Agency
within the time, if any, specified in the request.

§ 44715

TITLE 49—TRANSPORTATION

However, the time specified must be at least 90
days after the date of the request. The report
shall—
(A) be accompanied by a detailed statement
of the findings of the Administrator of the
Federal Aviation Administration and the reasons for the findings;
(B) identify any statement related to an action under subsection (c) of this section filed
under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C));
(C) specify whether and where that statement is available for public inspection; and
(D) be published in the Federal Register unless the request proposes specific action by the
Administrator of the Federal Aviation Administration and the report indicates that action
will be taken.
(e) SUPPLEMENTAL REPORTS.—The Administrator of the Environmental Protection Agency
may request the Administrator of the Federal
Aviation Administration to file a supplemental
report if the report under subsection (d) of this
section indicates that the proposed regulations
under subsection (c) of this section, for which a
statement under section 102(2)(C) of the Act (42
U.S.C. 4332(2)(C)) is not required, should not be
prescribed. The supplemental report shall be
published in the Federal Register within the
time the Administrator of the Environmental
Protection Agency specifies. However, the time
specified must be at least 90 days after the date
of the request. The supplemental report shall
contain a comparison of the environmental effects, including those that cannot be avoided, of
the action of the Administrator of the Federal
Aviation Administration and the proposed regulations of the Administrator of the Environmental Protection Agency.
(f) EXEMPTIONS.—An exemption from a standard or regulation prescribed under this section
may be granted only if, before granting the exemption, the Administrator of the Federal Aviation Administration consults with the Administrator of the Environmental Protection Agency.
However, if the Administrator of the Federal
Aviation Administration finds that safety in air
transportation or air commerce requires an exemption before the Administrator of the Environmental Protection Agency can be consulted,
the exemption may be granted. The Administrator of the Federal Aviation Administration
shall consult with the Administrator of the Environmental Protection Agency as soon as practicable after the exemption is granted.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1196;
Pub. L. 104–264, title IV, § 406(a), Oct. 9, 1996, 110
Stat. 3257.)
HISTORICAL AND REVISION NOTES
Revised
Section
44715(a)(1),
(2).

44715(a)(3) ..
44715(b) ......

Source (U.S. Code)
49 App.:1431(a),
(b)(1) (1st sentence).

49 App.:1431(b)(2).
49 App.:1431(d).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 611(a), (b),
(d); added July 21, 1968,
Pub. L. 90–411, § 1, 82 Stat.
395; restated Oct. 27, 1972,
Pub. L. 92–574, § 7(b), 86
Stat. 1239, 1241.

Page 904

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

44715(c) ......

49 App.:1431(c)(1).

44715(d) ......
44715(e) ......
44715(f) .......

49 App.:1431(c)(2).
49 App.:1431(c)(3).
49 App.:1431(b)(1)
(last sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 611(c); added
July 21, 1968, Pub. L.
90–411, § 1, 82 Stat. 395; restated Oct. 27, 1972, Pub.
L. 92–574, § 7(b), 86 Stat.
1240; Nov. 8, 1978, Pub. L.
95–609, § 3, 92 Stat. 3080.

In subsection (a)(1), before clause (A), the text of 49
App.:1431(a) is omitted because the revised section identifies the appropriate Administrator each time the Administrator is mentioned. The words ‘‘present and future’’ and ‘‘and amend’’ are omitted as surplus. In
clause (B), the words ‘‘as the FAA may find necessary
to provide’’ are omitted as surplus.
In subsection (a)(2), the word ‘‘only’’ is added for clarity.
Subsection (a)(3) is substituted for 49 App.:1431(b)(2)
to eliminate unnecessary words.
In subsection (b), before clause (1), the words ‘‘and
amending’’ are omitted as surplus. In clause (1), the
words ‘‘available . . . including the results of research,
development, testing, and evaluation activities conducted pursuant to this chapter and the Department of
Transportation Act’’ are omitted as surplus. In clause
(2), the words ‘‘departments, agencies, and instrumentalities of the United States Government and State and
interstate authorities’’ are substituted for ‘‘Federal,
State, and interstate agencies’’ for consistency in the
revised title and with other titles of the United States
Code. The words ‘‘as he deems’’ are omitted as surplus.
In clauses (3) and (4), the word ‘‘proposed’’ is omitted as
surplus. In clause (4), the word ‘‘applicable’’ is substituted for ‘‘particular type of . . . to which it will
apply’’ to eliminate unnecessary words. In clause (5),
the words ‘‘contribute to’’ are omitted as surplus.
In subsection (c), before clause (1), the words ‘‘Not
earlier than the date of submission of the report required by section 4906 of title 42’’ are omitted as executed. The words ‘‘regulatory . . . over air commerce or
transportation or over aircraft or airport operations’’
and ‘‘submitted by the EPA under this paragraph’’ are
omitted as surplus. The word ‘‘regulations’’ is substituted for ‘‘rulemaking’’ for consistency in the revised title. The words ‘‘after they are received’’ are
substituted for ‘‘of the date of its submission to the
FAA’’ to eliminate unnecessary words. The words ‘‘of
data, views, and arguments’’ are omitted as surplus. In
clause (1), the words ‘‘in accordance with subsection (b)
of this section’’ are omitted because of the restatement. In clause (2)(B), the words ‘‘documentation or
other’’ are omitted as surplus.
In subsection (d)(1), the words ‘‘listed’’ and ‘‘the FAA
to review, and . . . to EPA . . . by EPA’’ are omitted as
surplus.
In subsection (d)(2), before clause (A), the words
‘‘shall complete the review requested and’’ are omitted
as surplus. In clause (B), the words ‘‘of the FAA’’ are
omitted as surplus.
In subsection (e), the words ‘‘actually taken . . . in
response to EPA’s proposed regulations’’ are omitted as
surplus.
In subsection (f), the words ‘‘under any provision of
this chapter’’ and ‘‘that . . . be granted’’ are omitted as
surplus. The words ‘‘the exemption may be granted’’
are added for clarity.
AMENDMENTS
1996—Subsec. (a)(1). Pub. L. 104–264, which in directing the general amendment of par. (1) inserted an additional subsec. (a) designation and heading identical to
the existing subsec. heading as well as restating the
text of par. (1), was executed by restating the text only

Page 905

§ 44716

TITLE 49—TRANSPORTATION

to reflect the probable intent of Congress. Prior to
amendment, par. (1) read as follows: ‘‘To relieve and
protect the public health and welfare from aircraft
noise and sonic boom, the Administrator of the Federal
Aviation Administration shall prescribe—
‘‘(A) standards to measure aircraft noise and sonic
boom; and
‘‘(B) regulations to control and abate aircraft noise
and sonic boom.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 44716. Collision avoidance systems
(a) DEVELOPMENT AND CERTIFICATION.—The Administrator of the Federal Aviation Administration shall—
(1) complete the development of the collision
avoidance system known as TCAS–II so that
TCAS–II can operate under visual and instrument flight rules and can be upgraded to the
performance standards applicable to the collision avoidance system known as TCAS–III;
(2) develop and carry out a schedule for developing and certifying TCAS–II that will result in certification not later than June 30,
1989; and
(3) submit to Congress monthly reports on
the progress being made in developing and certifying TCAS–II.
(b) INSTALLATION AND OPERATION.—The Administrator shall require by regulation that, not
later than 30 months after the date certification
is made under subsection (a)(2) of this section,
TCAS–II be installed and operated on each civil
aircraft that has a maximum passenger capacity
of at least 31 seats and is used to provide air
transportation of passengers, including intrastate air transportation of passengers. The Administrator may extend the deadline in this subsection for not more than 2 years if the Administrator finds the extension is necessary to promote—
(1) a safe and orderly transition to the operation of a fleet of civil aircraft described in
this subsection equipped with TCAS–II; or
(2) other safety objectives.
(c) OPERATIONAL EVALUATION.—Not later than
December 30, 1990, the Administrator shall establish a one-year program to collect and assess
safety and operational information from civil
aircraft equipped with TCAS–II for the operational evaluation of TCAS–II. The Administrator shall encourage foreign air carriers that
operate civil aircraft equipped with TCAS–II to
participate in the program.
(d) AMENDING SCHEDULE FOR WINDSHEAR EQUIPMENT.—The Administrator shall consider the
feasibility and desirability of amending the
schedule for installing airborne low-altitude
windshear equipment to make the schedule compatible with the schedule for installing TCAS–II.
(e) DEADLINE FOR DEVELOPMENT AND CERTIFICATION.—(1) The Administrator shall complete
developing and certifying TCAS–III as soon as
possible.

(2) Necessary amounts may be appropriated
from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502) to carry out this
subsection.
(f) INSTALLING AND USING TRANSPONDERS.—The
Administrator shall prescribe regulations requiring that, not later than December 30, 1990,
operating transponders with automatic altitude
reporting capability be installed and used for
aircraft operating in designated terminal airspace where radar service is provided for separation of aircraft. The Administrator may provide
for access to that airspace (except terminal control areas and airport radar service areas) by
nonequipped aircraft if the Administrator finds
the access will not interfere with the normal
traffic flow.
(g) CARGO COLLISION AVOIDANCE SYSTEMS.—
(1) IN GENERAL.—The Administrator shall require by regulation that, no later than December 31, 2002, collision avoidance equipment be
installed on each cargo aircraft with a maximum certificated takeoff weight in excess of
15,000 kilograms.
(2) EXTENSION OF DEADLINE.—The Administrator may extend the deadline established by
paragraph (1) by not more than 2 years if the
Administrator finds that the extension is
needed to promote—
(A) a safe and orderly transition to the operation of a fleet of cargo aircraft equipped
with collision avoidance equipment; or
(B) other safety or public interest objectives.
(3) COLLISION AVOIDANCE EQUIPMENT DEFINED.—In this subsection, the term ‘‘collision
avoidance equipment’’ means equipment that
provides protection from mid-air collisions
using technology that provides—
(A) cockpit-based collision detection and
conflict resolution guidance, including display of traffic; and
(B) a margin of safety of at least the same
level as provided by the collision avoidance
system known as TCAS–II.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1198;
Pub. L. 106–181, title V, § 502, Apr. 5, 2000, 114
Stat. 132.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44716(a) ......

49 App.:1421(f)(1).

44716(b) ......
44716(c) ......
44716(d) ......
44716(e) ......

49 App.:1421(f)(2),
(4).
49 App.:1421(f)(3).
49 App.:1421(f)(5).
49 App.:1421 (note).

44716(f) .......

49 App.:1421(f)(6).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 601(f); added
Dec. 30, 1987, Pub. L.
100–223, § 203(b), 101 Stat.
1518; Dec. 15, 1989, Pub. L.
101–236, § 2, 103 Stat. 2060.

Dec. 30, 1987, Pub. L. 100–223,
§ 203(d), 101 Stat. 1519.

In subsection (c), the words ‘‘In conducting the program’’ are omitted as surplus.
In subsection (e)(1), the word ‘‘research’’ is omitted
as included in ‘‘developing’’.
In subsection (e)(2), the words ‘‘established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.
9502)’’ are added for consistency in the revised title.
In subsection (f), the words ‘‘Not later than 6 months
after December 30, 1987, the Administrator shall pro-

§ 44717

TITLE 49—TRANSPORTATION

mulgate a final rule’’ and ‘‘Such final rule’’ are omitted
as executed.
AMENDMENTS
2000—Subsec. (g). Pub. L. 106–181 added subsec. (g).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of reporting
provisions in subsec. (a)(3) of this section, see section
3003 of Pub. L. 104–66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance, and
the 8th item on page 138 of House Document No. 103–7.

§ 44717. Aging aircraft
(a) INSPECTIONS AND REVIEWS.—The Administrator of the Federal Aviation Administration
shall prescribe regulations that ensure the continuing airworthiness of aging aircraft. The regulations prescribed under subsection (a) of this
section—
(1) at least shall require the Administrator
to make inspections, and review the maintenance and other records, of each aircraft an
air carrier uses to provide air transportation
that the Administrator decides may be necessary to enable the Administrator to decide
whether the aircraft is in safe condition and
maintained properly for operation in air transportation;
(2) at least shall require an air carrier to
demonstrate to the Administrator, as part of
the inspection, that maintenance of the aircraft’s age-sensitive parts and components has
been adequate and timely enough to ensure
the highest degree of safety;
(3) shall require the air carrier to make
available to the Administrator the aircraft
and any records about the aircraft that the
Administrator requires to carry out a review;
and
(4) shall establish procedures to be followed
in carrying out an inspection.
(b) WHEN AND HOW INSPECTIONS AND REVIEWS
SHALL BE CARRIED OUT.—(1) Inspections and reviews required under subsection (a)(1) of this
section shall be carried out as part of each
heavy maintenance check of the aircraft conducted after the 14th year in which the aircraft
has been in service.
(2) Inspections under subsection (a)(1) of this
section shall be carried out as provided under
section 44701(a)(2)(B) and (C) of this title.
(c) AIRCRAFT MAINTENANCE SAFETY PROGRAMS.—The Administrator shall establish—
(1) a program to verify that air carriers are
maintaining their aircraft according to maintenance programs approved by the Administrator;
(2) a program—
(A) to provide inspectors and engineers of
the Administration with training necessary
to conduct auditing inspections of aircraft
operated by air carriers for corrosion and
metal fatigue; and
(B) to enhance participation of those inspectors and engineers in those inspections;
and

Page 906

(3) a program to ensure that air carriers
demonstrate to the Administrator their commitment and technical competence to ensure
the airworthiness of aircraft that the carriers
operate.
(d) FOREIGN AIR TRANSPORTATION.—(1) The Administrator shall take all possible steps to encourage governments of foreign countries and
relevant international organizations to develop
standards and requirements for inspections and
reviews that—
(A) will ensure the continuing airworthiness
of aging aircraft used by foreign air carriers to
provide foreign air transportation to and from
the United States; and
(B) will provide passengers of those foreign
air carriers with the same level of safety that
will be provided passengers of air carriers by
carrying out this section.
(2) Not later than September 30, 1994, the Administrator shall report to Congress on carrying
out this subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1199.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44717(a) ......

49 App.:1421 (note).

44717(b) ......

49 App.:1421 (note).

44717(c) ......

49 App.:1421 (note).

44717(d) ......

49 App.:1421 (note).

Source (Statutes at Large)
Oct. 28, 1991, Pub. L. 102–143,
§§ 402(a), (b)(1), (c)–(e), 405,
105 Stat. 951, 952.
Oct. 28, 1991, Pub. L. 102–143,
§ 402(b)(2), (3), 105 Stat.
951.
Oct. 28, 1991, Pub. L. 102–143,
§ 403, 105 Stat. 952.
Oct. 28, 1991, Pub. L. 102–143,
§ 404, 105 Stat. 952.

In subsections (a) and (c), before clause (1), the words
‘‘Not later than 180 days after the date of the enactment of this title’’ are omitted as obsolete.
In subsection (a), before clause (1), the text of section
405 of the Department of Transportation and Related
Agencies Appropriations Act, 1992 (Public Law 102–143,
105 Stat. 952) is omitted as surplus because the complete name of the Administrator of the Federal Aviation Administration is used the first time the term appears in a section. The word ‘‘regulations’’ is substituted for ‘‘rule’’ because the terms are synonymous.
In clauses (2)–(4), the words ‘‘required by the rule’’ are
omitted as surplus. In clause (2), the words ‘‘structure,
skin, and other’’ are omitted as surplus. In clause (3),
the words ‘‘inspection, maintenance, and other’’ are
omitted as surplus.
In subsection (c)(1), the word ‘‘Administrator’’ is substituted for ‘‘Federal Aviation Administration’’ for
consistency in the revised title.
In subsection (d)(1), before clause (A), the words ‘‘governments of foreign countries’’ are substituted for ‘‘foreign governments’’ for consistency in the revised title
and with other titles of the United States Code.

§ 44718. Structures interfering with air commerce
(a) NOTICE.—By regulation or by order when
necessary, the Secretary of Transportation shall
require a person to give adequate public notice,
in the form and way the Secretary prescribes, of
the construction, alteration, establishment, or
expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill when the notice will
promote—
(1) safety in air commerce; and

Page 907

§ 44718

TITLE 49—TRANSPORTATION

(2) the efficient use and preservation of the
navigable airspace and of airport traffic capacity at public-use airports.
(b) STUDIES.—(1) Under regulations prescribed
by the Secretary, if the Secretary decides that
constructing or altering a structure may result
in an obstruction of the navigable airspace or an
interference with air navigation facilities and
equipment or the navigable airspace, the Secretary shall conduct an aeronautical study to
decide the extent of any adverse impact on the
safe and efficient use of the airspace, facilities,
or equipment. In conducting the study, the Secretary shall consider factors relevant to the efficient and effective use of the navigable airspace,
including—
(A) the impact on arrival, departure, and en
route procedures for aircraft operating under
visual flight rules;
(B) the impact on arrival, departure, and en
route procedures for aircraft operating under
instrument flight rules;
(C) the impact on existing public-use airports and aeronautical facilities;
(D) the impact on planned public-use airports and aeronautical facilities; and
(E) the cumulative impact resulting from
the proposed construction or alteration of a
structure when combined with the impact of
other existing or proposed structures.
(2) On completing the study, the Secretary
shall issue a report disclosing completely the extent of the adverse impact on the safe and efficient use of the navigable airspace that the Secretary finds will result from constructing or altering the structure.
(c) BROADCAST APPLICATIONS AND TOWER STUDIES.—In carrying out laws related to a broadcast
application and conducting an aeronautical
study related to broadcast towers, the Administrator of the Federal Aviation Administration
and the Federal Communications Commission
shall take action necessary to coordinate efficiently—
(1) the receipt and consideration of, and action on, the application; and
(2) the completion of any associated aeronautical study.
(d) LIMITATION ON CONSTRUCTION OF LANDFILLS.—
(1) IN GENERAL.—No person shall construct
or establish a municipal solid waste landfill
(as defined in section 258.2 of title 40, Code of
Federal Regulations, as in effect on the date of
the enactment of this subsection) that receives putrescible waste (as defined in section
257.3–8 of such title) within 6 miles of a public
airport that has received grants under chapter
471 and is primarily served by general aviation
aircraft and regularly scheduled flights of aircraft designed for 60 passengers or less unless
the State aviation agency of the State in
which the airport is located requests that the
Administrator of the Federal Aviation Administration exempt the landfill from the application of this subsection and the Administrator
determines that such exemption would have
no adverse impact on aviation safety.
(2) LIMITATION ON APPLICABILITY.—Paragraph
(1) shall not apply in the State of Alaska and

shall not apply to the construction, establishment, expansion, or modification of, or to any
other activity undertaken with respect to, a
municipal solid waste landfill if the construction or establishment of the landfill was commenced on or before the date of the enactment
of this subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1200;
Pub. L. 104–264, title XII, § 1220(a), Oct. 9, 1996,
110 Stat. 3286; Pub. L. 106–181, title V, § 503(b),
Apr. 5, 2000, 114 Stat. 133.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44718(a) ......

49 App.:1501(a).

44718(b) ......
44718(c) ......

49 App.:1501(b).
49 App.:1501(c).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1101, 72 Stat. 797; restated Dec. 30, 1987, Pub.
L. 100–223, § 206 (less (b)),
101 Stat. 1521; Oct. 31, 1992,
Pub. L. 102–581, § 203(a), 106
Stat. 4890.

In subsection (a), before clause (1), the words ‘‘(hereinafter in this section referred to as the ‘Secretary’)’’
and ‘‘where necessary’’ are omitted as surplus.
In subsection (b)(1), before clause (A), the word ‘‘thoroughly’’ is omitted as surplus.
REFERENCES IN TEXT
The date of the enactment of this subsection, referred
to in subsec. (d), probably means the date of enactment
of Pub. L. 106–181, which amended subsec. (d) generally,
and which was approved Apr. 5, 2000.
AMENDMENTS
2000—Subsec. (d). Pub. L. 106–181 amended heading
and text of subsec. (d) generally. Prior to amendment,
text read as follows: ‘‘For the purposes of enhancing
aviation safety, in a case in which 2 landfills have been
proposed to be constructed or established within 6
miles of a commercial service airport with fewer than
50,000 enplanements per year, no person shall construct
or establish either landfill if an official of the Federal
Aviation Administration has stated in writing within
the 3-year period ending on the date of the enactment
of this subsection that 1 of the landfills would be incompatible with aircraft operations at the airport, unless the landfill is already active on such date of enactment or the airport operator agrees to the construction
or establishment of the landfill.’’
1996—Subsec. (d). Pub. L. 104–264 added subsec. (d).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
LANDFILLS INTERFERING WITH AIR COMMERCE
Pub. L. 106–181, title V, § 503(a), Apr. 5, 2000, 114 Stat.
133, provided that: ‘‘Congress finds that—
‘‘(1) collisions between aircraft and birds have resulted in fatal accidents;
‘‘(2) bird strikes pose a special danger to smaller
aircraft;
‘‘(3) landfills near airports pose a potential hazard
to aircraft operating there because they attract
birds;

§ 44719

TITLE 49—TRANSPORTATION

‘‘(4) even if the landfill is not located in the approach path of the airport’s runway, it still poses a
hazard because of the birds’ ability to fly away from
the landfill and into the path of oncoming planes;
‘‘(5) while certain mileage limits have the potential
to be arbitrary, keeping landfills at least 6 miles
away from an airport, especially an airport served by
small planes, is an appropriate minimum requirement for aviation safety; and
‘‘(6) closure of existing landfills (due to concerns
about aviation safety) should be avoided because of
the likely disruption to those who use and depend on
such landfills.’’

Page 908

The Secretary of Transportation shall prescribe regulations on standards for installing
navigational aids, including airport control towers. For each type of facility, the regulations
shall consider at a minimum traffic density
(number of aircraft operations without consideration of aircraft size), terrain and other obstacles to navigation, weather characteristics, passengers served, and potential aircraft operating
efficiencies.

(5) in cooperation with other departments,
agencies, and instrumentalities of the United
States Government, meteorological services of
foreign countries, and persons engaged in air
commerce, participate in developing an international basic meteorological reporting network, including the establishment, operation,
and maintenance of reporting stations on the
high seas, in polar regions, and in foreign
countries;
(6) coordinate meteorological requirements
in the United States to maintain standard observations, to promote efficient use of facilities, and to avoid duplication of services unless the duplication tends to promote the safety and efficiency of air navigation; and
(7) promote and develop meteorological
science and foster and support research
projects in meteorology through the use of
private and governmental research facilities
and provide for publishing the results of the
projects unless publication would not be in the
public interest.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1201.)

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1201.)

§ 44719. Standards for navigational aids

HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES
Revised
Section
44719 ..........

Source (U.S. Code)
49 App.:1348 (note).

Source (Statutes at Large)
Dec. 30, 1987, Pub. L. 100–223,
§ 308, 101 Stat. 1526.

The words ‘‘Not later than December 31, 1988’’ are
omitted as obsolete.

§ 44720. Meteorological services
(a) RECOMMENDATIONS.—The Administrator of
the Federal Aviation Administration shall make
recommendations to the Secretary of Commerce
on providing meteorological services necessary
for the safe and efficient movement of aircraft
in air commerce. In providing the services, the
Secretary shall cooperate with the Administrator and give complete consideration to those
recommendations.
(b) PROMOTING SAFETY AND EFFICIENCY.—To
promote safety and efficiency in air navigation
to the highest possible degree, the Secretary
shall—
(1) observe, measure, investigate, and study
atmospheric phenomena, and maintain meteorological stations and offices, that are necessary or best suited for finding out in advance
information about probable weather conditions;
(2) provide reports to the Administrator to
persons engaged in civil aeronautics that are
designated by the Administrator and to other
persons designated by the Secretary in a way
and with a frequency that best will result in
safety in, and facilitating, air navigation;
(3) cooperate with persons engaged in air
commerce in meteorological services, maintain reciprocal arrangements with those persons in carrying out this clause, and collect
and distribute weather reports available from
aircraft in flight;
(4) maintain and coordinate international
exchanges of meteorological information required for the safety and efficiency of air navigation;

Revised
Section
44720(a) ......

Source (U.S. Code)
49 App.:1351.
49 App.:1655(c)(1).

44720(b) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 310, 803, 72 Stat. 751, 783.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1463.
49 App.:1655(c)(1).

In subsection (b), the title ‘‘Secretary’’ [of Commerce] is substituted for ‘‘Chief of the Weather Bureau’’ in section 803 of the Federal Aviation Act of 1958
(Public Law 85–726, 72 Stat. 783) because of sections 1
and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13,
1965, 79 Stat. 1318). Before clause (1), the words ‘‘In
order’’ and ‘‘in addition to any other functions or duties pertaining to weather information for other purposes’’ are omitted as surplus. In clause (2), the words
‘‘forecasts, warnings, and advices’’ are omitted as being
included in ‘‘reports’’. In clause (3), the words ‘‘or employees thereof’’ and ‘‘establish and’’ are omitted as
surplus. The words ‘‘with those persons’’ are added for
clarity. In clause (5), the words ‘‘departments, agencies,
and instrumentalities of the United States Government’’ are substituted for ‘‘governmental agencies of
the United States’’ for consistency in the revised title
and with other titles of the United States Code.
AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS
Pub. L. 106–181, title VII, § 728, Apr. 5, 2000, 114 Stat.
168, provided that: ‘‘The Administrator [of the Federal
Aviation Administration] shall not terminate human
weather observers for Automated Surface Observation
System stations until—
‘‘(1) the Administrator determines that the system
provides consistent reporting of changing meteorological conditions and notifies Congress in writing of
that determination; and
‘‘(2) 60 days have passed since the report was transmitted to Congress.’’

§ 44721. Aeronautical charts and related products
and services
(a) PUBLICATION.—
(1) IN GENERAL.—The Administrator of the
Federal Aviation Administration may arrange
for the publication of aeronautical maps and

Page 909

TITLE 49—TRANSPORTATION

charts necessary for the safe and efficient
movement of aircraft in air navigation, using
the facilities and assistance of departments,
agencies, and instrumentalities of the United
States Government as far as practicable.
(2) NAVIGATION ROUTES.—In carrying out
paragraph (1), the Administrator shall update
and arrange for the publication of clearly defined routes for navigating through a complex
terminal airspace area and to and from an airport located in such an area, if the Administrator decides that publication of the routes
would promote safety in air navigation. The
routes shall be developed in consultation with
pilots and other users of affected airports and
shall be for the optional use of pilots operating under visual flight rules.
(b) INDEMNIFICATION.—The Government shall
make an agreement to indemnify any person
that publishes a map or chart for use in aeronautics from any part of a claim arising out of
the depiction by the person on the map or chart
of a defective or deficient flight procedure or
airway if the flight procedure or airway was—
(1) prescribed by the Administrator;
(2) depicted accurately on the map or chart;
and
(3) not obviously defective or deficient.
(c) AUTHORITY OF OFFICE OF AERONAUTICAL
CHARTING AND CARTOGRAPHY.—Effective October
1, 2000, the Administrator is vested with and
shall exercise the functions, powers, and duties
of the Secretary of Commerce and other officers
of the Department of Commerce that relate to
the Office of Aeronautical Charting and Cartography to provide aeronautical charts and related
products and services for the safe and efficient
navigation of air commerce, under the following
authorities:
(1) Sections 1 through 9 of the Act entitled
‘‘An Act to define the functions and duties of
the Coast and Geodetic Survey, and for other
purposes’’, approved August 6, 1947,1 (33 U.S.C.
883a–883h).
(2) Section 6082 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (33 U.S.C.
883j).
(d) AUTHORITY.—In order that full public benefit may be derived from the dissemination of
data resulting from activities under this section
and of related data from other sources, the Administrator may—
(1) develop, process, disseminate and publish
digital and analog data, information, compilations, and reports;
(2) compile, print, and disseminate aeronautical charts and related products and services of the United States and its territories
and possessions;
(3) compile, print, and disseminate aeronautical charts and related products and services covering international airspace as are required primarily by United States civil aviation; and
(4) compile, print, and disseminate nonaeronautical navigational, transportation or public-safety-related products and services when
in the best interests of the Government.
1 So

in original. The comma probably should not appear.

§ 44721

(e) CONTRACTS, COOPERATIVE AGREEMENTS,
GRANTS, AND OTHER AGREEMENTS.—
(1) CONTRACTS.—The Administrator is authorized to contract with qualified organizations for the performance of any part of the
authorized functions of the Office of Aeronautical Charting and Cartography when the
Administrator deems such procedure to be in
the public interest and will not compromise
public safety.
(2) COOPERATIVE AGREEMENTS, GRANTS, AND
OTHER AGREEMENTS.—The Administrator is authorized to enter into cooperative agreements,
grants, reimbursable agreements, memoranda
of understanding and other agreements, with a
State, subdivision of a State, Federal agency,
public or private organization, or individual,
to carry out the purposes of this section.
(f) SPECIAL SERVICES AND PRODUCTS.—
(1) IN GENERAL.—The Administrator is authorized, at the request of a State, subdivision
of a State, Federal agency, public or private
organization, or individual, to conduct special
services, including making special studies, or
developing special publications or products on
matters relating to navigation, transportation, or public safety.
(2) FEES.—The Administrator shall assess a
fee for any special service provided under
paragraph (1). A fee shall be not more than the
actual or estimated full cost of the service. A
fee may be reduced or waived for research organizations, educational organizations, or
non-profit organizations, when the Administrator determines that reduction or waiver of
the fee is in the best interest of the Government by furthering public safety.
(g) SALE AND DISSEMINATION OF AERONAUTICAL
PRODUCTS.—
(1) IN GENERAL.—Aeronautical products created or maintained under the authority of this
section shall be sold at prices established annually by the Administrator consistent with
the following:
(A) MAXIMUM PRICE.—Subject to subparagraph (B), the price of an aeronautical product sold to the public shall be not more than
necessary to recover all costs attributable
to: (i) data base management and processing;
(ii) compilation; (iii) printing or other types
of reproduction; and (iv) dissemination of
the product.
(B) ADJUSTMENT OF PRICE.—The Administrator shall adjust the price of an aeronautical product and service sold to the public as
necessary to avoid any adverse impact on
aviation safety attributable to the price
specified under this paragraph.
(C) COSTS ATTRIBUTABLE TO ACQUISITION OF
AERONAUTICAL DATA.—A price established
under this paragraph may not include costs
attributable to the acquisition of aeronautical data.
(D) CONTINUATION OF PRICES.—The price of
any product created under subsection (d)
may correspond to the price of a comparable
product produced by a department of the
United States Government as that price was
in effect on September 30, 2000, and may remain in effect until modified by regulation

§ 44721

TITLE 49—TRANSPORTATION

under section 9701 of title 31, United States
Code.
(2) PUBLICATION OF PRICES.—The Administrator shall publish annually the prices at
which aeronautical products are sold to the
public.
(3) DISTRIBUTION.—The Administrator may
distribute aeronautical products and provide
aeronautical services—
(A) without charge to each foreign government or international organization with
which the Administrator or a Federal department or agency has an agreement for exchange of these products or services without
cost;
(B) at prices the Administrator establishes, to the departments and officers of the
United States requiring them for official
use; and
(C) at reduced or no charge where, in the
judgment of the Administrator, furnishing
the aeronautical product or service to a recipient is a reasonable exchange for voluntary contribution of information by the
recipient to the activities under this section.
(4) FEES.—The fees provided for in this subsection are for the purpose of reimbursing the
Government for the costs of creating, printing
and disseminating aeronautical products and
services under this section. The collection of
fees authorized by this section does not alter
or expand any duty or liability of the Government under existing law for the performance
of functions for which fees are collected, nor
does the collection of fees constitute an express or implied undertaking by the Government to perform any activity in a certain
manner.
(5) CREDITING AMOUNTS RECEIVED.—Notwithstanding any other provision of law, amounts
received for the sale of products created and
services performed under this section shall be
fully credited to the account of the Federal
Aviation Administration that funded the provision of the products or services and shall remain available until expended.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1202;
Pub. L. 106–181, title VI, § 603(a), Apr. 5, 2000, 114
Stat. 150; Pub. L. 106–424, § 17(a), Nov. 1, 2000, 114
Stat. 1888.)
HISTORICAL AND REVISION NOTES
Revised
Section
44721(a)(1) ..

Source (U.S. Code)
49 App.:1348(b) (1st
sentence cl. (3)).
49 App.:1655(c)(1).

44721(a)(2) ..

49 App.:1348(b) (3d,
last sentences).

44721(b) ......

49 App.:1519.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 307(b) (1st sentence cl.
(3)), 72 Stat. 750.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 749, § 307(b) (3d,
last sentences); added Oct.
31, 1992, Pub. L. 102–581,
§ 125, 106 Stat. 4885.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1118; added
Dec. 19, 1985, Pub. L.
99–190, § 328(a), 99 Stat.
1289.

In subsection (a)(1), the word ‘‘Administrator’’ in section 307(b) of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 750) is retained on authority of

Page 910

49:106(g). The words ‘‘within the limits of available appropriations made by the Congress’’ are omitted as surplus. The words ‘‘departments, agencies, and instrumentalities of the United States Government’’ are substituted for ‘‘existing agencies of the Government’’ for
consistency in the revised title and with other titles of
the United States Code.
In subsection (b), before clause (1), the words ‘‘Notwithstanding the provisions of section 1341 of title 31 or
any other provision of law’’ are omitted as surplus.
REFERENCES IN TEXT
Sections 1 through 9 of the Act entitled ‘‘An Act to
define the functions and duties of the Coast and Geodetic Survey, and for other purposes’’, approved August
6, 1947, referred to in subsec. (c)(1), are classified to sections 883a to 883i of Title 33, Navigation and Navigable
Waters. Section 883g of Title 33 was repealed by Pub. L.
88–611, § 4(a)(2), Oct. 2, 1964, 78 Stat. 991.
AMENDMENTS
2000—Pub. L. 106–181 amended section catchline and
text generally. Prior to amendment, text read as follows:
‘‘(a) PUBLICATION.—(1) The Administrator of the Federal Aviation Administration may arrange for the publication of aeronautical maps and charts necessary for
the safe and efficient movement of aircraft in air navigation, using the facilities and assistance of departments, agencies, and instrumentalities of the United
States Government as far as practicable.
‘‘(2) In carrying out paragraph (1) of this subsection,
the Administrator shall update and arrange for the
publication of clearly defined routes for navigating
through a complex terminal airspace area and to and
from an airport located in such an area, if the Administrator decides that publication of the routes would promote safety in air navigation. The routes shall be developed in consultation with pilots and other users of
affected airports and shall be for the optional use of pilots operating under visual flight rules.
‘‘(b) INDEMNIFICATION.—The Government shall make
an agreement to indemnify any person that publishes a
map or chart for use in aeronautics from any part of a
claim arising out of the depiction by the person on the
map or chart of a defective or deficient flight procedure
or airway if the flight procedure or airway was—
‘‘(1) prescribed by the Administrator;
‘‘(2) depicted accurately on the map or chart; and
‘‘(3) not obviously defective or deficient.’’
Subsec. (c)(3), (4). Pub. L. 106–424, § 17(a)(1), struck out
pars. (3) and (4) which read as follows:
‘‘(3) Section 1307 of title 44, United States Code.
‘‘(4) The provision of title II of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995 under the heading ‘National Oceanic and Atmospheric Administration’ relating to aeronautical charts (44 U.S.C. 1307
note).’’
Subsec. (g)(1)(D). Pub. L. 106–424, § 17(a)(2), added subpar. (D).
Subsec. (g)(5). Pub. L. 106–424, § 17(a)(3), added par. (5).
EFFECTIVE DATE OF 2000 AMENDMENTS
Pub. L. 106–424, § 17(b), Nov. 1, 2000, 114 Stat. 1889, provided that: ‘‘The amendments made by subsection (a)
[amending this section] take effect on October 1, 2000.’’
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
SAVINGS PROVISION
Pub. L. 106–181, title VI, § 604, Apr. 5, 2000, 114 Stat.
152, provided that:
‘‘(a) CONTINUED EFFECTIVENESS OF DIRECTIVES.—All
orders, determinations, rules, regulations, permits,
contracts, certificates, licenses, privileges, and financial assistance that—

Page 911

TITLE 49—TRANSPORTATION

‘‘(1) have been issued, made, granted, or allowed to
become effective by the President of the United
States, the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, any Federal agency or official thereof,
or by a court of competent jurisdiction, in the performance of functions which are transferred by this
title [amending this section, sections 883b and 883e of
Title 33, Navigation and Navigable Waters, and section 1307 of Title 44, Public Printing and Documents,
and enacting provisions set out as notes under this
section]; and
‘‘(2) are in effect on the date of transfer,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked
in accordance with law by the President of the United
States, the Administrator of the Federal Aviation Administration, a court of competent jurisdiction, or by
operation of law.
‘‘(b) CONTINUED EFFECTIVENESS OF PENDING ACTIONS.—
‘‘(1) IN GENERAL.—The provisions of this title shall
not affect any proceedings, including notices of proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending on
the date of transfer before the Department of Commerce or the National Oceanic and Atmospheric Administration, or any officer of such Department or
Administration, with respect to functions transferred
by this title, but such proceedings or applications, to
the extent that they relate to functions transferred,
shall be continued in accord with transition guidelines promulgated by the Administrator of the Federal Aviation Administration under the authority of
this section. Orders issued in any such proceedings
shall continue in effect until modified, terminated,
superseded, or revoked by the Administrator of the
Federal Aviation Administration, by a court of competent jurisdiction, or by operation of law. Nothing
in this subsection prohibits the discontinuance or
modification of any such proceeding under the same
terms and conditions and to the same extent that
such proceeding could have been discontinued or
modified if this title had not been enacted.
‘‘(2) TRANSITION GUIDELINES.—The Secretary of
Commerce, the Administrator of the National Oceanic and Atmospheric Administration, and the Administrator of the Federal Aviation Administration
are authorized to issue transition guidelines providing for the orderly transfer of proceedings and otherwise to accomplish the orderly transfer of functions,
personnel and property under this title.
‘‘(c) CONTINUED EFFECTIVENESS OF JUDICIAL ACTIONS.—No cause of action by or against the Department of Commerce or the National Oceanic and Atmospheric Administration with respect to functions transferred by this title, or by or against any officer thereof
in the official’s capacity, shall abate by reason of the
enactment of this title. Causes of action and actions
with respect to a function or office transferred by this
title, or other proceedings may be asserted by or
against the United States or an official of the Federal
Aviation Administration, as may be appropriate, and,
in an action pending when this title takes effect, the
court may at any time, on its own motion or that of
any party, enter an order that will give effect to the
provisions of this subsection.
‘‘(d) SUBSTITUTION OR ADDITION OF PARTIES TO JUDICIAL ACTIONS.—If, on the date of transfer, the Department of Commerce or the National Oceanic and Atmospheric Administration, or any officer of the Department or Administration in an official capacity, is a
party to an action, and under this title any function relating to the action of the Department, Administration, or officer is transferred to the Federal Aviation
Administration, then such action shall be continued
with the Administrator of the Federal Aviation Administration substituted or added as a party.
‘‘(e) CONTINUED JURISDICTION OVER ACTIONS TRANSFERRED.—Orders and actions of the Administrator of

§ 44722

the Federal Aviation Administration in the exercise of
functions transferred by this title shall be subject to
judicial review to the same extent and in the same
manner as if such orders and actions had been by the
Department of Commerce or the National Oceanic and
Atmospheric Administration, or any office or officer of
such Department or Administration, in the exercise of
such functions immediately preceding their transfer.
‘‘(f) LIABILITIES AND OBLIGATIONS.—The Administrator of the Federal Aviation Administration shall assume all liabilities and obligations (tangible and incorporeal, present and executory) associated with the
functions transferred under this title on the date of
transfer, including leases, permits, licenses, contracts,
agreements, claims, tariffs, accounts receivable, accounts payable, financial assistance, and litigation relating to such obligations, regardless whether judgment has been entered, damages awarded, or appeal
taken.’’
TRANSFER OF FUNCTIONS
Pub. L. 106–181, title VI, § 601, Apr. 5, 2000, 114 Stat.
149, provided that: ‘‘Effective October 1, 2000, there are
transferred to the Federal Aviation Administration and
vested in the Administrator the functions, powers, and
duties of the Secretary of Commerce and other officers
of the Department of Commerce that relate to the Office of Aeronautical Charting and Cartography and are
set forth in section 44721 of title 49, United States
Code.’’
TRANSFER OF OFFICE, PERSONNEL, AND FUNDS
Pub. L. 106–181, title VI, § 602, Apr. 5, 2000, 114 Stat.
149, provided that:
‘‘(a) TRANSFER OF OFFICE.—Effective October 1, 2000,
the Office of Aeronautical Charting and Cartography of
the National Oceanic and Atmospheric Administration,
Department of Commerce, is transferred to the Federal
Aviation Administration.
‘‘(b) OTHER TRANSFERS.—Effective October 1, 2000, the
personnel employed in connection with, and the assets,
liabilities, contracts, property, equipment, facilities,
records, and unexpended balance of appropriations, and
other funds employed, held, used, arising from, available to, or to be made available in connection with the
function and offices, or portions of offices, transferred
by this title [amending this section, sections 883b and
883e of Title 33, Navigation and Navigable Waters, and
section 1307 of Title 44, Public Printing and Documents,
and enacting provisions set out as notes under this section], including all Senior Executive Service positions,
subject to section 1531 of title 31, United States Code,
are transferred to the Administrator of the Federal
Aviation Administration for appropriate allocation.
Personnel employed in connection with functions
transferred by this title transfer under any applicable
law and regulation relating to transfer of functions.
Unexpended funds transferred under this section shall
be used only for the purposes for which the funds were
originally authorized and appropriated, except that
funds may be used for expenses associated with the
transfer authorized by this title.’’
PROCUREMENT OF PRIVATE ENTERPRISE MAPPING,
CHARTING, AND GEOGRAPHIC INFORMATION SYSTEMS
Pub. L. 106–181, title VI, § 607, Apr. 5, 2000, 114 Stat.
154, provided that: ‘‘The Administrator [of the Federal
Aviation Administration] shall consider procuring
mapping, charting, and geographic information systems necessary to carry out the duties of the Administrator under title 49, United States Code, from private
enterprises, if the Administrator determines that such
procurement furthers the mission of the Federal Aviation Administration and is cost effective.’’

§ 44722. Aircraft operations in winter conditions
The Administrator of the Federal Aviation
Administration shall prescribe regulations re-

§ 44723

TITLE 49—TRANSPORTATION

quiring procedures to improve safety of aircraft
operations during winter conditions. In deciding
on the procedures to be required, the Administrator shall consider at least aircraft and air
traffic control modifications, the availability of
different types of deicing fluids (considering
their efficacy and environmental limitations),
the types of deicing equipment available, and
the feasibility and desirability of establishing
timeframes within which deicing must occur
under certain types of inclement weather.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1202.)
HISTORICAL AND REVISION NOTES
Revised
Section
44722 ..........

Source (U.S. Code)
49:1421 (note).

Source (Statutes at Large)
Oct. 31, 1992, Pub. L. 102–581,
§ 124, 106 Stat. 4885.

The words ‘‘Before November 1, 1992’’ are omitted as
obsolete. The words ‘‘prescribe regulations requiring’’
are substituted for ‘‘require, by regulation’’, and the
words ‘‘other factors the Administrator considers appropriate’’ are substituted for ‘‘among other things’’,
for consistency in the revised title.

§ 44723. Annual report
Not later than January 1 of each year, the
Secretary of Transportation shall submit to
Congress a comprehensive report on the safety
enforcement activities of the Federal Aviation
Administration during the fiscal year ending the
prior September 30th. The report shall include—
(1) a comparison of end-of-year staffing levels by operations, maintenance, and avionics
inspector categories to staffing goals and a
statement on how staffing standards were applied to make allocations between air carrier
and general aviation operations, maintenance,
and avionics inspectors;
(2) schedules showing the range of inspector
experience by various inspector work force
categories, and the number of inspectors in
each of the categories who are considered fully
qualified;
(3) schedules showing the number and percentage of inspectors who have received mandatory training by individual course, and the
number of inspectors by work force categories,
who have received all mandatory training;
(4) a description of the criteria used to set
annual work programs, an explanation of how
these criteria differ from criteria used in the
prior fiscal year and how the annual work programs ensure compliance with appropriate
regulations and safe operating practices;
(5) a comparison of actual inspections performed during the fiscal year to the annual
work programs by field location and, for any
field location completing less than 80 percent
of its planned number of inspections, an explanation of why annual work program plans
were not met;
(6) a statement of the adequacy of Administration internal management controls available to ensure that field managers comply
with Administration policies and procedures,
including those on inspector priorities, district office coordination, minimum inspection
standards, and inspection followup;

Page 912

(7) the status of efforts made by the Administration to update inspector guidance documents and regulations to include technological, management, and structural changes
taking place in the aviation industry, including a listing of the backlog of all proposed regulatory amendments;
(8) a list of the specific operational measures
of effectiveness used to evaluate—
(A) the progress in meeting program objectives;
(B) the quality of program delivery; and
(C) the nature of emerging safety problems;
(9) a schedule showing the number of civil
penalty cases closed during the 2 prior fiscal
years, including the total initial and final penalties imposed, the total number of dollars
collected, the range of dollar amounts collected, the average case processing time, and
the range of case processing time;
(10) a schedule showing the number of enforcement actions taken (except civil penalties) during the 2 prior fiscal years, including the total number of violations cited, and
the number of cited violation cases closed by
certificate suspensions, certificate revocations, warnings, and no action taken; and
(11) schedules showing the safety record of
the aviation industry during the fiscal year
for air carriers and general aviation, including—
(A) the number of inspections performed
when deficiencies were identified compared
with inspections when no deficiencies were
found;
(B) the frequency of safety deficiencies for
each air carrier; and
(C) an analysis based on data of the general status of air carrier and general aviation compliance with aviation regulations.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1202.)
HISTORICAL AND REVISION NOTES
Revised
Section
44723 ..........

Source (U.S. Code)
49:308 (note).

Source (Statutes at Large)
Dec. 22, 1987, Pub. L. 100–202,
§ 317(a), 101 Stat. 1329–380.
Sept. 30, 1988, Pub. L.
100–457, § 317(a), 102 Stat.
2148.

In clauses (4) and (7), the word ‘‘regulations’’ is substituted for ‘‘Federal regulations’’ for consistency in
the revised title.
In clause (5), the words ‘‘by field location’’ are substituted for ‘‘disaggregated to the field locations’’ for
clarity.
In clause (8), before subclause (A), the words ‘‘ ‘best
proxies’ standing between the ultimate goal of accident
prevention and ongoing program activities’’ are omitted as surplus.
In clause (9), the words ‘‘penalties imposed’’ are substituted for ‘‘assessments’’ for consistency in the revised title and with other titles of the United States
Code.
In clause (11)(C), the words ‘‘aviation regulations’’
are substituted for ‘‘Federal Aviation Regulations’’ for
consistency in the revised title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of reporting
provisions in this section, see section 3003 of Pub. L.

Page 913

§ 44726

TITLE 49—TRANSPORTATION

104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance. See, also, the 22nd item
on page 132 and the 10th item on page 135 of House Document No. 103–7.

§ 44724. Manipulation of flight controls
(a) PROHIBITION.—No pilot in command of an
aircraft may allow an individual who does not
hold—
(1) a valid private pilots certificate issued by
the Administrator of the Federal Aviation Administration under part 61 of title 14, Code of
Federal Regulations; and
(2) the appropriate medical certificate issued
by the Administrator under part 67 of such
title,
to manipulate the controls of an aircraft if the
pilot knows or should have known that the individual is attempting to set a record or engage in
an aeronautical competition or aeronautical
feat, as defined by the Administrator.
(b) REVOCATION OF AIRMEN CERTIFICATES.—The
Administrator shall issue an order revoking a
certificate issued to an airman under section
44703 of this title if the Administrator finds that
while acting as a pilot in command of an aircraft, the airman has permitted another individual to manipulate the controls of the aircraft in
violation of subsection (a).
(c) PILOT IN COMMAND DEFINED.—In this section, the term ‘‘pilot in command’’ has the
meaning given such term by section 1.1 of title
14, Code of Federal Regulations.
(Added Pub. L. 104–264, title VI, § 602(a)(1), Oct. 9,
1996, 110 Stat. 3263.)
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.

§ 44725. Life-limited aircraft parts
(a) IN GENERAL.—The Administrator of the
Federal Aviation Administration shall conduct
a rulemaking proceeding to require the safe disposition of life-limited parts removed from an
aircraft. The rulemaking proceeding shall ensure that the disposition deter installation on
an aircraft of a life-limited part that has
reached or exceeded its life limits.
(b) SAFE DISPOSITION.—For the purposes of this
section, safe disposition includes any of the following methods:
(1) The part may be segregated under circumstances that preclude its installation on
an aircraft.
(2) The part may be permanently marked to
indicate its used life status.
(3) The part may be destroyed in any manner
calculated to prevent reinstallation in an aircraft.
(4) The part may be marked, if practicable,
to include the recordation of hours, cycles, or
other airworthiness information. If the parts
are marked with cycles or hours of usage, that
information must be updated every time the
part is removed from service or when the part
is retired from service.

(5) Any other method approved by the Administrator.
(c) DEADLINES.—In conducting the rulemaking
proceeding under subsection (a), the Administrator shall—
(1) not later than 180 days after the date of
the enactment of this section, issue a notice of
proposed rulemaking; and
(2) not later than 180 days after the close of
the comment period on the proposed rule,
issue a final rule.
(d) PRIOR-REMOVED LIFE-LIMITED PARTS.—No
rule issued under subsection (a) shall require the
marking of parts removed from aircraft before
the effective date of the rules issued under subsection (a), nor shall any such rule forbid the installation of an otherwise airworthy life-limited
part.
(Added Pub. L. 106–181, title V, § 504(a), Apr. 5,
2000, 114 Stat. 134.)
REFERENCES IN TEXT
The date of the enactment of this section, referred to
in subsec. (c)(1), is the date of enactment of Pub. L.
106–181, which was approved Apr. 5, 2000.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 44726. Denial and revocation of certificate for
counterfeit parts violations
(a) DENIAL OF CERTIFICATE.—
(1) IN GENERAL.—Except as provided in paragraph (2) of this subsection and subsection
(e)(2), the Administrator of the Federal Aviation Administration may not issue a certificate under this chapter to any person—
(A) convicted in a court of law of a violation of a law of the United States relating to
the installation, production, repair, or sale
of a counterfeit or fraudulently-represented
aviation part or material;
(B) whose certificate is revoked under subsection (b); or
(C) subject to a controlling or ownership
interest of an individual described in subparagraph (A) or (B).
(2) EXCEPTION.—Notwithstanding paragraph
(1), the Administrator may issue a certificate
under this chapter to a person described in
paragraph (1) if issuance of the certificate will
facilitate law enforcement efforts.
(b) REVOCATION OF CERTIFICATE.—
(1) IN GENERAL.—Except as provided in subsections (f) and (g), the Administrator shall
issue an order revoking a certificate issued
under this chapter if the Administrator finds
that the holder of the certificate or an individual who has a controlling or ownership interest in the holder—
(A) was convicted in a court of law of a
violation of a law of the United States relating to the installation, production, repair, or
sale of a counterfeit or fraudulently-represented aviation part or material; or
(B) knowingly, and with the intent to defraud, carried out or facilitated an activity

§ 44727

TITLE 49—TRANSPORTATION

punishable under a law described in paragraph (1)(A).
(2) NO AUTHORITY TO REVIEW VIOLATION.—In
carrying out paragraph (1), the Administrator
may not review whether a person violated a
law described in paragraph (1)(A).
(c) NOTICE REQUIREMENT.—Before the Administrator revokes a certificate under subsection (b),
the Administrator shall—
(1) advise the holder of the certificate of the
reason for the revocation; and
(2) provide the holder of the certificate an
opportunity to be heard on why the certificate
should not be revoked.
(d) APPEAL.—The provisions of section 44710(d)
apply to the appeal of a revocation order under
subsection (b). For the purpose of applying that
section to the appeal, ‘‘person’’ shall be substituted for ‘‘individual’’ each place it appears.
(e) ACQUITTAL OR REVERSAL.—
(1) IN GENERAL.—The Administrator may not
revoke, and the National Transportation Safety Board may not affirm a revocation of, a
certificate under subsection (b)(1)(B) if the
holder of the certificate or the individual referred to in subsection (b)(1) is acquitted of all
charges directly related to the violation.
(2) REISSUANCE.—The Administrator may reissue a certificate revoked under subsection
(b) of this section to the former holder if—
(A) the former holder otherwise satisfies
the requirements of this chapter for the certificate; and
(B)(i) the former holder or the individual
referred to in subsection (b)(1), is acquitted
of all charges related to the violation on
which the revocation was based; or
(ii) the conviction of the former holder or
such individual of the violation on which the
revocation was based is reversed.
(f) WAIVER.—The Administrator may waive
revocation of a certificate under subsection (b)
if—
(1) a law enforcement official of the United
States Government requests a waiver; and
(2) the waiver will facilitate law enforcement efforts.
(g) AMENDMENT OF CERTIFICATE.—If the holder
of a certificate issued under this chapter is
other than an individual and the Administrator
finds that—
(1) an individual who had a controlling or
ownership interest in the holder committed a
violation of a law for the violation of which a
certificate may be revoked under this section
or knowingly, and with intent to defraud, carried out or facilitated an activity punishable
under such a law; and
(2) the holder satisfies the requirements for
the certificate without regard to that individual,
then the Administrator may amend the certificate to impose a limitation that the certificate
will not be valid if that individual has a controlling or ownership interest in the holder. A decision by the Administrator under this subsection
is not reviewable by the Board.
(Added Pub. L. 106–181, title V, § 505(a)(1), Apr. 5,
2000, 114 Stat. 134; amended Pub. L. 108–176, title
V, § 501, Dec. 12, 2003, 117 Stat. 2556.)

Page 914
AMENDMENTS

2003—Subsec. (a)(1). Pub. L. 108–176 struck out ‘‘or’’ at
end of subpar. (A), added subpar. (B), and redesignated
former subpar. (B) as (C) and substituted ‘‘described in
subparagraph (A) or (B)’’ for ‘‘convicted of such a violation’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 44727. Runway safety areas
(a) AIRPORTS IN ALASKA.—An airport owner or
operator in the State of Alaska shall not be required to reduce the length of a runway or declare the length of a runway to be less than the
actual pavement length in order to meet standards of the Federal Aviation Administration applicable to runway safety areas.
(b) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a study of runways at airports in States
other than Alaska to determine which airports
are affected by standards of the Federal Aviation Administration applicable to runway
safety areas and to assess how operations at
those airports would be affected if the owner
or operator of the airport is required to reduce
the length of a runway or declare the length of
a runway to be less than the actual pavement
length in order to meet such standards.
(2) REPORT.—Not later than 9 months after
the date of enactment of this section, the Secretary shall transmit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report containing the results of the
study.
(Added Pub. L. 108–176, title V, § 502(a), Dec. 12,
2003, 117 Stat. 2557.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (b)(2), is the date of enactment of Pub. L.
108–176, which was approved Dec. 12, 2003.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

§ 44728. Flight attendant certification
(a) CERTIFICATE REQUIRED.—
(1) IN GENERAL.—No person may serve as a
flight attendant aboard an aircraft of an air
carrier unless that person holds a certificate
of demonstrated proficiency from the Administrator of the Federal Aviation Administration. Upon the request of the Administrator or
an authorized representative of the National
Transportation Safety Board or another Fed-

Page 915

eral agency, a person who holds such a certificate shall present the certificate for inspection within a reasonable period of time after
the date of the request.
(2) SPECIAL RULE FOR CURRENT FLIGHT ATTENDANTS.—An individual serving as a flight
attendant on the effective date of this section
may continue to serve aboard an aircraft as a
flight attendant until completion by that individual of the required recurrent or requalification training and subsequent certification
under this section.
(3) TREATMENT OF FLIGHT ATTENDANT AFTER
NOTIFICATION.—On the date that the Administrator is notified by an air carrier that an individual has the demonstrated proficiency to
be a flight attendant, the individual shall be
treated for purposes of this section as holding
a certificate issued under the section.
(b) ISSUANCE OF CERTIFICATE.—The Administrator shall issue a certificate of demonstrated
proficiency under this section to an individual
after the Administrator is notified by the air
carrier that the individual has successfully completed all the training requirements for flight
attendants approved by the Administrator.
(c) DESIGNATION OF PERSON TO DETERMINE SUCCESSFUL COMPLETION OF TRAINING.—In accordance with part 183 of chapter 14, Code of Federal
Regulation, the director of operations of an air
carrier is designated to determine that an individual has successfully completed the training
requirements approved by the Administrator for
such individual to serve as a flight attendant.
(d) SPECIFICATIONS RELATING TO CERTIFICATES.—Each certificate issued under this section shall—
(1) be numbered and recorded by the Administrator;
(2) contain the name, address, and description of the individual to whom the certificate
is issued;
(3) is 1 similar in size and appearance to certificates issued to airmen;
(4) contain the airplane group for which the
certificate is issued; and
(5) be issued not later than 120 days after the
Administrator receives notification from the
air carrier of demonstrated proficiency and, in
the case of an individual serving as flight attendant on the effective date of this section,
not later than 1 year after such effective date.
(e) APPROVAL OF TRAINING PROGRAMS.—Air
carrier flight attendant training programs shall
be subject to approval by the Administrator. All
flight attendant training programs approved by
the Administrator in the 1-year period ending on
the date of enactment of this section shall be
treated as providing a demonstrated proficiency
for purposes of meeting the certification requirements of this section.
(f) FLIGHT ATTENDANT DEFINED.—In this section, the term ‘‘flight attendant’’ means an individual working as a flight attendant in the
cabin of an aircraft that has 20 or more seats
and is being used by an air carrier to provide air
transportation.
(Added Pub. L. 108–176, title VIII, § 814(a), Dec.
12, 2003, 117 Stat. 2590.)
1 So

in original. Probably should be ‘‘be’’.

§ 44729

TITLE 49—TRANSPORTATION
REFERENCES IN TEXT

For effective date of this section, referred to in subsecs. (a)(2) and (d)(5), see Effective Date note below.
The date of enactment of this section, referred to in
subsec. (e), is the date of enactment of Pub. L. 108–176,
which was approved Dec. 12, 2003.
EFFECTIVE DATE
Pub. L. 108–176, title VIII, § 814(c), Dec. 12, 2003, 117
Stat. 2592, provided that: ‘‘The amendments made by
subsections (a) and (b) [enacting this section and
amending the analysis to this chapter] shall take effect
on the 365th day following the date of enactment of this
Act [Dec. 12, 2003].’’

§ 44729. Age standards for pilots
(a) IN GENERAL.—Subject to the limitation in
subsection (c), a pilot may serve in multicrew
covered operations until attaining 65 years of
age.
(b) COVERED OPERATIONS DEFINED.—In this section, the term ‘‘covered operations’’ means operations under part 121 of title 14, Code of Federal
Regulations.
(c) LIMITATION FOR INTERNATIONAL FLIGHTS.—
(1) APPLICABILITY OF ICAO STANDARD.—A
pilot who has attained 60 years of age may
serve as pilot-in-command in covered operations between the United States and another
country only if there is another pilot in the
flight deck crew who has not yet attained 60
years of age.
(2) SUNSET OF LIMITATION.—Paragraph (1)
shall cease to be effective on such date as the
Convention on International Civil Aviation
provides that a pilot who has attained 60 years
of age may serve as pilot-in-command in international commercial operations without regard to whether there is another pilot in the
flight deck crew who has not attained age 60.
(d) SUNSET OF AGE 60 RETIREMENT RULE.—On
and after the date of enactment of this section,
section 121.383(c) of title 14, Code of Federal Regulations, shall cease to be effective.
(e) APPLICABILITY.—
(1) NONRETROACTIVITY.—No person who has
attained 60 years of age before the date of enactment of this section may serve as a pilot
for an air carrier engaged in covered operations unless—
(A) such person is in the employment of
that air carrier in such operations on such
date of enactment as a required flight deck
crew member; or
(B) such person is newly hired by an air
carrier as a pilot on or after such date of enactment without credit for prior seniority or
prior longevity for benefits or other terms
related to length of service prior to the date
of rehire under any labor agreement or employment policies of the air carrier.
(2) PROTECTION FOR COMPLIANCE.—An action
taken in conformance with this section, taken
in conformance with a regulation issued to
carry out this section, or taken prior to the
date of enactment of this section in conformance with section 121.383(c) of title 14, Code of
Federal Regulations (as in effect before such
date of enactment), may not serve as a basis
for liability or relief in a proceeding, brought
under any employment law or regulation, be-

§ 44729

TITLE 49—TRANSPORTATION

fore any court or agency of the United States
or of any State or locality.
(f) AMENDMENTS TO LABOR AGREEMENTS AND
BENEFIT PLANS.—Any amendment to a labor
agreement or benefit plan of an air carrier that
is required to conform with the requirements of
this section or a regulation issued to carry out
this section, and is applicable to pilots represented for collective bargaining, shall be made
by agreement of the air carrier and the designated bargaining representative of the pilots
of the air carrier.
(g) MEDICAL STANDARDS AND RECORDS.—
(1) MEDICAL EXAMINATIONS AND STANDARDS.—
Except as provided by paragraph (2), a person
serving as a pilot for an air carrier engaged in
covered operations shall not be subject to different medical standards, or different, greater,
or more frequent medical examinations, on account of age unless the Secretary determines
(based on data received or studies published
after the date of enactment of this section)
that different medical standards, or different,
greater, or more frequent medical examinations, are needed to ensure an adequate level
of safety in flight.
(2) DURATION OF FIRST-CLASS MEDICAL CERTIFICATE.—No person who has attained 60
years of age may serve as a pilot of an air carrier engaged in covered operations unless the
person has a first-class medical certificate.
Such a certificate shall expire on the last day
of the 6-month period following the date of examination shown on the certificate.
(h) SAFETY.—
(1) TRAINING.—Each air carrier engaged in
covered operations shall continue to use pilot
training and qualification programs approved
by the Federal Aviation Administration, with
specific emphasis on initial and recurrent
training and qualification of pilots who have
attained 60 years of age, to ensure continued
acceptable levels of pilot skill and judgment.
(2) LINE EVALUATIONS.—Not later than 6
months after the date of enactment of this
section, and every 6 months thereafter, an air
carrier engaged in covered operations shall
evaluate the performance of each pilot of the
air carrier who has attained 60 years of age
through a line check of such pilot. Notwithstanding the preceding sentence, an air carrier
shall not be required to conduct for a 6-month
period a line check under this paragraph of a
pilot serving as second-in-command if the
pilot has undergone a regularly scheduled simulator evaluation during that period.
(3) GAO REPORT.—Not later than 24 months
after the date of enactment of this section, the
Comptroller General shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report concerning the
effect, if any, on aviation safety of the modification to pilot age standards made by subsection (a).
(Added Pub. L. 110–135, § 2(a), Dec. 13, 2007, 121
Stat. 1450.)

Page 916
REFERENCES IN TEXT

The date of enactment of this section and such date
of enactment, referred to in subsecs. (d), (e), (g)(1) and
(h)(2), (3), is the date of enactment of Pub. L. 110–135,
which was approved Dec. 13, 2007.

CHAPTER 449—SECURITY
SUBCHAPTER I—REQUIREMENTS
Sec.

44901.
44902.
44903.
44904.
44905.
44906.
44907.
44908.

Screening passengers and property.
Refusal to transport passengers and property.
Air transportation security.
Domestic air transportation system security.
Information about threats to civil aviation.
Foreign air carrier security programs.
Security standards at foreign airports.
Travel advisory and suspension of foreign assistance.
44909.
Passenger manifests.
44910.
Agreements on aircraft sabotage, aircraft hijacking, and airport security.
44911.
Intelligence.
44912.
Research and development.
44913.
Explosive detection.
44914.
Airport construction guidelines.
44915.
Exemptions.
44916.
Assessments and evaluations.
44917.
Deployment of Federal air marshals.
44918.
Crew training.
44919.
Security screening pilot program.
44920.
Security screening opt-out program.
44921.
Federal flight deck officer program.
44922.
Deputation of State and local law enforcement officers.
44923.
Airport security improvement projects.
44924.
Repair station security.
44925.
Deployment and use of detection equipment
at airport screening checkpoints.
44926.
Appeal and redress process for passengers
wrongly delayed or prohibited from boarding a flight.
SUBCHAPTER II—ADMINISTRATION AND
PERSONNEL
[44931, 44932. Repealed.]
44933.
Federal Security Managers.
44934.
Foreign Security Liaison Officers.
44935.
Employment standards and training.
44936.
Employment investigations and restrictions.
44937.
Prohibition on transferring duties and powers.
44938.
Reports.
44939.
Training to operate certain aircraft.
44940.
Security service fee.
44941.
Immunity for reporting suspicious activities.
44942.
Performance goals and objectives.1
44943.
Performance management system.1
44944.
Voluntary provision of emergency services.
44945.
Disposition of unclaimed money.
AMENDMENTS
2007—Pub. L. 110–53, title XVI, § 1606(b), Aug. 3, 2007,
121 Stat. 483, added item 44926.
2004—Pub. L. 108–458, title IV, § 4013(b), Dec. 17, 2004,
118 Stat. 3720, added item 44925.
Pub. L. 108–334, title V, § 515(c), Oct. 18, 2004, 118 Stat.
1318, added item 44945.
2003—Pub. L. 108–176, title VI, §§ 605(b)(3), 611(b)(2),
Dec. 12, 2003, 117 Stat. 2568, 2572, added items 44923 and
44924.
Pub. L. 108–7, div. I, title III, § 351(c), Feb. 20, 2003, 117
Stat. 420, added item 44922.
2002—Pub. L. 107–296, title XIV, § 1402(b)(1), Nov. 25,
2002, 116 Stat. 2305, added item 44921.
2001—Pub. L. 107–71, title I, §§ 101(f)(6), 105(b), 107(b),
108(b), 113(b), 125(b), 131(b), Nov. 19, 2001, 115 Stat. 603,
1 Editorially supplied. Section added by Pub. L. 107–71 without
corresponding amendment of chapter analysis.

Page 917

TITLE 49—TRANSPORTATION

607, 611, 613, 622, 632, 635, added items 44917 to 44920,
44939, 44941, and 44944 and struck out items 44931 ‘‘Director of Intelligence and Security’’ and 44932 ‘‘Assistant
Administrator for Civil Aviation Security’’.
Pub. L. 107–71, title I, § 118(b), Nov. 19, 2001, 115 Stat.
627, which directed addition of item 44940 to the analysis for chapter 449 without specifying the Code title to
be amended, was executed by adding item 44940 to this
analysis to reflect the probable intent of Congress.
1996—Pub. L. 104–264, title III, § 312(b), Oct. 9, 1996, 110
Stat. 3254, added item 44916.

SUBCHAPTER I—REQUIREMENTS
§ 44901. Screening passengers and property
(a) IN GENERAL.—The Under Secretary of
Transportation for Security shall provide for
the screening of all passengers and property, including United States mail, cargo, carry-on and
checked baggage, and other articles, that will be
carried aboard a passenger aircraft operated by
an air carrier or foreign air carrier in air transportation or intrastate air transportation. In
the case of flights and flight segments originating in the United States, the screening shall
take place before boarding and shall be carried
out by a Federal Government employee (as defined in section 2105 of title 5, United States
Code), except as otherwise provided in section
44919 or 44920 and except for identifying passengers and baggage for screening under the
CAPPS and known shipper programs and conducting positive bag-match programs.
(b) SUPERVISION OF SCREENING.—All screening
of passengers and property at airports in the
United States where screening is required under
this section shall be supervised by uniformed
Federal personnel of the Transportation Security Administration who shall have the power to
order the dismissal of any individual performing
such screening.
(c) CHECKED BAGGAGE.—A system must be in
operation to screen all checked baggage at all
airports in the United States as soon as practicable but not later than the 60th day following
the date of enactment of the Aviation and
Transportation Security Act.
(d) EXPLOSIVE DETECTION SYSTEMS.—
(1) IN GENERAL.—The Under Secretary of
Transportation for Security shall take all necessary action to ensure that—
(A) explosive detection systems are deployed as soon as possible to ensure that all
United States airports described in section
44903(c) have sufficient explosive detection
systems to screen all checked baggage no
later than December 31, 2002, and that as
soon as such systems are in place at an airport, all checked baggage at the airport is
screened by those systems; and
(B) all systems deployed under subparagraph (A) are fully utilized; and
(C) if explosive detection equipment at an
airport is unavailable, all checked baggage
is screened by an alternative means.
(2) DEADLINE.—
(A) IN GENERAL.—If, in his discretion or at
the request of an airport, the Under Secretary of Transportation for Security determines that the Transportation Security Administration is not able to deploy explosive
detection systems required to be deployed

§ 44901

under paragraph (1) at all airports where explosive detection systems are required by
December 31, 2002, then with respect to each
airport for which the Under Secretary
makes that determination—
(i) the Under Secretary shall submit to
the Senate Committee on Commerce,
Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure a detailed
plan (which may be submitted in classified
form) for the deployment of the number of
explosive detection systems at that airport necessary to meet the requirements
of paragraph (1) as soon as practicable at
that airport but in no event later than December 31, 2003; and
(ii) the Under Secretary shall take all
necessary action to ensure that alternative means of screening all checked baggage is implemented until the requirements of paragraph (1) have been met.
(B) CRITERIA FOR DETERMINATION.—In making a determination under subparagraph (A),
the Under Secretary shall take into account—
(i) the nature and extent of the required
modifications to the airport’s terminal
buildings, and the technical, engineering,
design and construction issues;
(ii) the need to ensure that such installations and modifications are effective; and
(iii) the feasibility and cost-effectiveness
of deploying explosive detection systems
in the baggage sorting area or other nonpublic area rather than the lobby of an airport terminal building.
(C) RESPONSE.—The Under Secretary shall
respond to the request of an airport under
subparagraph (A) within 14 days of receiving
the request. A denial of request shall create
no right of appeal or judicial review.
(D) AIRPORT EFFORT REQUIRED.—Each airport with respect to which the Under Secretary makes a determination under subparagraph (A) shall—
(i) cooperate fully with the Transportation Security Administration with respect to screening checked baggage and
changes to accommodate explosive detection systems; and
(ii) make security projects a priority for
the obligation or expenditure of funds
made available under chapter 417 or 471
until explosive detection systems required
to be deployed under paragraph (1) have
been deployed at that airport.
(3) REPORTS.—Until the Transportation Security Administration has met the requirements of paragraph (1), the Under Secretary
shall submit a classified report every 30 days
after the date of enactment of this Act to the
Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Transportation and Infrastructure describing the progress made toward
meeting such requirements at each airport.
(e) MANDATORY SCREENING WHERE EDS NOT
YET AVAILABLE.—As soon as practicable but not

§ 44901

TITLE 49—TRANSPORTATION

later than the 60th day following the date of enactment of the Aviation and Transportation Security Act and until the requirements of subsection (b)(1)(A) are met, the Under Secretary
shall require alternative means for screening
any piece of checked baggage that is not
screened by an explosive detection system. Such
alternative means may include 1 or more of the
following:
(1) A bag-match program that ensures that
no checked baggage is placed aboard an aircraft unless the passenger who checked the
baggage is aboard the aircraft.
(2) Manual search.
(3) Search by canine explosive detection
units in combination with other means.
(4) Other means or technology approved by
the Under Secretary.
(f) CARGO DEADLINE.—A system must be in operation to screen, inspect, or otherwise ensure
the security of all cargo that is to be transported in all-cargo aircraft in air transportation
and intrastate air transportation as soon as
practicable after the date of enactment of the
Aviation and Transportation Security Act.
(g) AIR CARGO ON PASSENGER AIRCRAFT.—
(1) IN GENERAL.—Not later than 3 years after
the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act
of 2007, the Secretary of Homeland Security
shall establish a system to screen 100 percent
of cargo transported on passenger aircraft operated by an air carrier or foreign air carrier
in air transportation or intrastate air transportation to ensure the security of all such
passenger aircraft carrying cargo.
(2) MINIMUM STANDARDS.—The system referred to in paragraph (1) shall require, at a
minimum, that equipment, technology, procedures, personnel, or other methods approved
by the Administrator of the Transportation
Security Administration, are used to screen
cargo carried on passenger aircraft described
in paragraph (1) to provide a level of security
commensurate with the level of security for
the screening of passenger checked baggage as
follows:
(A) 50 percent of such cargo is so screened
not later than 18 months after the date of
enactment of the Implementing Recommendations of the 9/11 Commission Act of
2007.
(B) 100 percent of such cargo is so screened
not later than 3 years after such date of enactment.
(3) REGULATIONS.—
(A) INTERIM FINAL RULE.—The Secretary of
Homeland Security may issue an interim
final rule as a temporary regulation to implement this subsection without regard to
the provisions of chapter 5 of title 5.
(B) FINAL RULE.—
(i) IN GENERAL.—If the Secretary issues
an interim final rule under subparagraph
(A), the Secretary shall issue, not later
than one year after the effective date of
the interim final rule, a final rule as a permanent regulation to implement this subsection in accordance with the provisions
of chapter 5 of title 5.

Page 918

(ii) FAILURE TO ACT.—If the Secretary
does not issue a final rule in accordance
with clause (i) on or before the last day of
the one-year period referred to in clause
(i), the Secretary shall submit to the Committee on Homeland Security of the House
of Representatives, Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Homeland
Security and Governmental Affairs of the
Senate a report explaining why the final
rule was not timely issued and providing
an estimate of the earliest date on which
the final rule will be issued. The Secretary
shall submit the first such report within 10
days after such last day and submit a report to the Committees containing updated information every 30 days thereafter
until the final rule is issued.
(iii) SUPERCEDING 1 OF INTERIM FINAL
RULE.—The final rule issued in accordance
with this subparagraph shall supersede the
interim final rule issued under subparagraph (A).
(4) REPORT.—Not later than 1 year after the
date of establishment of the system under
paragraph (1), the Secretary shall submit to
the Committees referred to in paragraph
(3)(B)(ii) a report that describes the system.
(5) SCREENING DEFINED.—In this subsection
the term ‘‘screening’’ means a physical examination or non-intrusive methods of assessing
whether cargo poses a threat to transportation
security. Methods of screening include x-ray
systems, explosives detection systems, explosives trace detection, explosives detection canine teams certified by the Transportation Security Administration, or a physical search
together with manifest verification. The Administrator may approve additional methods
to ensure that the cargo does not pose a threat
to transportation security and to assist in
meeting the requirements of this subsection.
Such additional cargo screening methods shall
not include solely performing a review of information about the contents of cargo or verifying the identity of a shipper of the cargo
that is not performed in conjunction with
other security methods authorized under this
subsection, including whether a known shipper
is registered in the known shipper database.
Such additional cargo screening methods may
include a program to certify the security
methods used by shippers pursuant to paragraphs (1) and (2) and alternative screening
methods pursuant to exemptions referred to in
subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007.
(h) DEPLOYMENT OF ARMED PERSONNEL.—
(1) IN GENERAL.—The Under Secretary shall
order the deployment of law enforcement personnel authorized to carry firearms at each
airport security screening location to ensure
passenger safety and national security.
(2) MINIMUM REQUIREMENTS.—Except at airports required to enter into agreements under
subsection (c), the Under Secretary shall order
1 So

in original.

Page 919

§ 44901

TITLE 49—TRANSPORTATION

the deployment of at least 1 law enforcement
officer at each airport security screening location. At the 100 largest airports in the United
States, in terms of annual passenger enplanements for the most recent calendar year for
which data are available, the Under Secretary
shall order the deployment of additional law
enforcement personnel at airport security
screening locations if the Under Secretary determines that the additional deployment is
necessary to ensure passenger safety and national security.
(i) EXEMPTIONS AND ADVISING CONGRESS ON
REGULATIONS.—The Under Secretary—
(1) may exempt from this section air transportation operations, except scheduled passenger operations of an air carrier providing
air transportation under a certificate issued
under section 41102 of this title or a permit issued under section 41302 of this title; and
(2) shall advise Congress of a regulation to
be prescribed under this section at least 30
days before the effective date of the regulation, unless the Under Secretary decides an
emergency exists requiring the regulation to
become effective in fewer than 30 days and notifies Congress of that decision.
(j) BLAST-RESISTANT CARGO CONTAINERS.—
(1) IN GENERAL.—Before January 1, 2008, the
Administrator of the Transportation Security
Administration shall—
(A) evaluate the results of the blast-resistant cargo container pilot program that was
initiated before the date of enactment of
this subsection; and
(B) prepare and distribute through the
Aviation Security Advisory Committee to
the appropriate Committees of Congress and
air carriers a report on that evaluation
which may contain nonclassified and classified sections.
(2) ACQUISITION, MAINTENANCE, AND REPLACEMENT.—Upon completion and consistent with
the results of the evaluation that paragraph
(1)(A) requires, the Administrator shall—
(A) develop and implement a program, as
the Administrator determines appropriate,
to acquire, maintain, and replace blast-resistant cargo containers;
(B) pay for the program; and
(C) make available blast-resistant cargo
containers to air carriers pursuant to paragraph (3).
(3) DISTRIBUTION TO AIR CARRIERS.—The Administrator shall make available, beginning
not later than July 1, 2008, blast-resistant
cargo containers to air carriers for use on a
risk managed basis as determined by the Administrator.
(k) GENERAL AVIATION AIRPORT SECURITY PROGRAM.—
(1) IN GENERAL.—Not later than one year
after the date of enactment of this subsection,
the Administrator of the Transportation Security Administration shall—
(A) develop a standardized threat and vulnerability assessment program for general
aviation airports (as defined in section
47134(m)); and

(B) implement a program to perform such
assessments on a risk-managed basis at general aviation airports.
(2) GRANT PROGRAM.—Not later than 6
months after the date of enactment of this
subsection, the Administrator shall initiate
and complete a study of the feasibility of a
program, based on a risk-managed approach,
to provide grants to operators of general aviation airports (as defined in section 47134(m))
for projects to upgrade security at such airports. If the Administrator determines that
such a program is feasible, the Administrator
shall establish such a program.
(3) APPLICATION TO GENERAL AVIATION AIRCRAFT.—Not later than 180 days after the date
of enactment of this subsection, the Administrator shall develop a risk-based system under
which—
(A) general aviation aircraft, as identified
by the Administrator, in coordination with
the Administrator of the Federal Aviation
Administration, are required to submit passenger information and advance notification
requirements for United States Customs and
Border Protection before entering United
States airspace; and
(B) such information is checked against
appropriate databases.
(4) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated to the
Administrator of the Transportation Security
Administration such sums as may be necessary to carry out paragraphs (2) and (3).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1204;
Pub. L. 107–71, title I, §§ 101(f)(7), 110(b), Nov. 19,
2001, 115 Stat. 603, 614; Pub. L. 107–296, title IV,
§ 425, Nov. 25, 2002, 116 Stat. 2185; Pub. L. 110–53,
title XVI, §§ 1602(a), 1609, 1617, Aug. 3, 2007, 121
Stat. 477, 484, 488.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44901(a) ......

49 App.:1356(a) (1st
sentence).

44901(b) ......

49 App.:1356(a) (2d
sentence).
49 App.:1356(c).

44901(c)(1) ..

44901(c)(2) ..

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 315(a) (1st, 2d
sentences, 3d sentence
19th–last words); added
Aug. 5, 1974, Pub. L.
93–366, § 202, 88 Stat. 415;
Aug. 8, 1985, Pub. L. 99–83,
§ 551(b)(1), 99 Stat. 225.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 315(c); added
Aug. 5, 1974, Pub. L.
93–366, § 202, 88 Stat. 415;
Nov. 16, 1990, Pub. L.
101–604, § 102(a), 104 Stat.
3068.

49 App.:1356(a) (3d
sentence 19th–last
words).

In subsection (a), the words ‘‘or continue in effect
reasonable’’, ‘‘intended’’, and ‘‘the aircraft for such
transportation’’ are omitted as surplus.
In subsection (b), the words ‘‘Notwithstanding subsection (a) of this section’’ are added for clarity. The
words ‘‘One year after August 5, 1974, or after the effective date of such regulations, whichever is later’’ are
omitted as executed. The words ‘‘alter or’’, ‘‘a continuation of’’, ‘‘the extent deemed necessary to’’, and ‘‘acts
of’’ are omitted as surplus.
In subsection (c)(1), the words ‘‘in whole or in part’’
and ‘‘those’’ are omitted as surplus. The word ‘‘provid-

§ 44901

TITLE 49—TRANSPORTATION

ing’’ is substituted for ‘‘engaging in’’ for consistency in
the revised title. The words ‘‘interstate, overseas, or
foreign’’ are omitted because of the definition of ‘‘air
transportation’’ in section 40102(a) of the revised title.
The words ‘‘of public convenience and necessity’’, ‘‘by
the Civil Aeronautics Board’’, ‘‘foreign air carrier’’, and
‘‘by the Board’’ are omitted as surplus.
In subsection (c)(2), the words ‘‘or amendments thereto’’ and ‘‘or amendments’’ are omitted as surplus.
REFERENCES IN TEXT
The date of enactment of the Aviation and Transportation Security Act, referred to in subsecs. (c), (e), and
(f), is the date of enactment of Pub. L. 107–71, which
was approved Nov. 19, 2001.
The date of enactment of this Act, referred to in subsec. (d)(3), probably means the date of enactment of
Pub. L. 107–296, which enacted subsec. (d)(2), (3) of this
section and was approved Nov. 25, 2002.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, such
date of enactment, and the date of enactment of this
subsection, referred to in subsecs. (g)(1), (2), (j)(1)(A),
and (k)(1)–(3), is the date of enactment of Pub. L. 110–53,
which was approved Aug. 3, 2007.
Subsection (b) of section 1602 of the Implementing
Recommendations of the 9/11 Commission Act of 2007,
referred to in subsec. (g)(5), is section 1602(b) of Pub. L.
110–53, title XVI, Aug. 3, 2007, 121 Stat. 479, which is not
classified to the Code.
AMENDMENTS
2007—Subsecs. (g) to (i). Pub. L. 110–53, § 1602(a), added
subsec. (g) and redesignated former subsecs. (g) and (h)
as (h) and (i), respectively.
Subsec. (j). Pub. L. 110–53, § 1609, added subsec. (j).
Subsec. (k). Pub. L. 110–53, § 1617, added subsec. (k).
2002—Subsec. (d)(2), (3). Pub. L. 107–296 added pars. (2)
and (3).
2001—Subsec. (a). Pub. L. 107–71, § 110(b)(2), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘The Administrator of
the Federal Aviation Administration shall prescribe
regulations requiring screening of all passengers and
property that will be carried in a cabin of an aircraft
in air transportation or intrastate air transportation.
The screening must take place before boarding and be
carried out by a weapon-detecting facility or procedure
used or operated by an employee or agent of an air carrier, intrastate air carrier, or foreign air carrier.’’
Subsec. (b). Pub. L. 107–71, § 110(b)(2), added subsec. (b)
and struck out heading and text of former subsec. (b).
Text read as follows: ‘‘Notwithstanding subsection (a)
of this section, the Administrator may amend a regulation prescribed under subsection (a) to require screening only to ensure security against criminal violence
and aircraft piracy in air transportation and intrastate
air transportation.’’
Subsec. (c). Pub. L. 107–71, § 110(b)(2), added subsec.
(c). Former subsec. (c) redesignated (h).
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions
and par. (2).
Subsecs. (d) to (g). Pub. L. 107–71, § 110(b)(2), added
subsecs. (d) to (g).
Subsec. (h). Pub. L. 107–71, § 110(b)(1), redesignated
subsec. (c) as (h).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
SAVINGS PROVISION
Pub. L. 107–71, title I, § 141, Nov. 19, 2001, 115 Stat. 643,
provided that:
‘‘(a) TRANSFER OF ASSETS AND PERSONNEL.—Except as
otherwise provided in this Act [see Tables for classi-

Page 920

fication], those personnel, property, and records employed, used, held, available, or to be made available in
connection with a function transferred to the Transportation Security Administration by this Act shall be
transferred to the Transportation Security Administration for use in connection with the functions transferred. Unexpended balances of appropriations, allocations, and other funds made available to the Federal
Aviation Administration to carry out such functions
shall also be transferred to the Transportation Security Administration for use in connection with the
functions transferred.
‘‘(b) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts,
settlements, agreements, certificates, licenses, and
privileges—
‘‘(1) that have been issued, made, granted, or allowed to become effective by the Federal Aviation
Administration, any officer or employee thereof, or
any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and
‘‘(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant
to their terms as in effect on such effective date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in accordance with law by the Under Secretary
of Transportation for Security, any other authorized
official, a court of competent jurisdiction, or operation of law.
‘‘(c) PROCEEDINGS.—
‘‘(1) IN GENERAL.—The provisions of this Act shall
not affect any proceedings or any application for any
license pending before the Federal Aviation Administration at the time this Act takes effect [Nov. 19,
2001], insofar as those functions are transferred by
this Act; but such proceedings and applications, to
the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders,
as if this Act had not been enacted; and orders issued
in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a
duly authorized official, by a court of competent jurisdiction, or by operation of law.
‘‘(2) STATUTORY CONSTRUCTION.—Nothing in this
subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and
conditions and to the same extent that such proceeding could have been discontinued or modified if this
Act had not been enacted.
‘‘(3) ORDERLY TRANSFER.—The Secretary of Transportation is authorized to provide for the orderly
transfer of pending proceedings from the Federal
Aviation Administration.
‘‘(d) SUITS.—
‘‘(1) IN GENERAL.—This Act shall not affect suits
commenced before the date of the enactment of this
Act [Nov. 19, 2001], except as provided in paragraphs
(2) and (3). In all such suits, proceeding shall be had,
appeals taken, and judgments rendered in the same
manner and with the same effect as if this Act had
not been enacted.
‘‘(2) SUITS BY OR AGAINST FAA.—Any suit by or
against the Federal Aviation Administration begun
before the date of the enactment of this Act shall be
continued, insofar as it involves a function retained
and transferred under this Act, with the Transportation Security Administration (to the extent the
suit involves functions transferred to the Transportation Security Administration under this Act) substituted for the Federal Aviation Administration.
‘‘(3) REMANDED CASES.—If the court in a suit described in paragraph (1) remands a case to the Transportation Security Administration, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect
at the time of such subsequent proceedings.

Page 921

TITLE 49—TRANSPORTATION

‘‘(e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No
suit, action, or other proceeding commenced by or
against any officer in his official capacity as an officer
of the Federal Aviation Administration shall abate by
reason of the enactment of this Act. No cause of action
by or against the Federal Aviation Administration, or
by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this Act.
‘‘(f) EXERCISE OF AUTHORITIES.—Except as otherwise
provided by law, an officer or employee of the Transportation Security Administration may, for purposes of
performing a function transferred by this Act or the
amendments made by this Act, exercise all authorities
under any other provision of law that were available
with respect to the performance of that function to the
official responsible for the performance of the function
immediately before the effective date of the transfer of
the function under this Act.
‘‘(g) ACT DEFINED.—In this section, the term ‘Act’ includes the amendments made by this Act.’’
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
TRANSITION PROVISIONS
Pub. L. 107–71, title I, § 101(g), Nov. 19, 2001, 115 Stat.
603, provided that:
‘‘(1) SCHEDULE FOR ASSUMPTION OF CIVIL AVIATION SECURITY FUNCTIONS.—Not later than 3 months after the
date of enactment of this Act [Nov. 19, 2001], the Under
Secretary of Transportation for Security shall assume
civil aviation security functions and responsibilities
under chapter 449 of title 49, United States Code, as
amended by this Act, in accordance with a schedule to
be developed by the Secretary of Transportation, in
consultation with air carriers, foreign air carriers, and
the Administrator of the Federal Aviation Administration. The Under Secretary shall publish an appropriate
notice of the transfer of such security functions and responsibilities before assuming the functions and responsibilities.
‘‘(2) ASSUMPTION OF CONTRACTS.—As of the date specified in paragraph (1), the Under Secretary may assume
the rights and responsibilities of an air carrier or foreign air carrier contract for provision of passenger
screening services at airports in the United States described in section 44903(c), subject to payment of adequate compensation to parties to the contract, if any.
‘‘(3) ASSIGNMENT OF CONTRACTS.—
‘‘(A) IN GENERAL.—Upon request of the Under Secretary, an air carrier or foreign air carrier carrying
out a screening or security function under chapter 449
of title 49, United States Code, may enter into an
agreement with the Under Secretary to transfer any
contract the carrier has entered into with respect to
carrying out the function, before the Under Secretary
assumes responsibility for the function.
‘‘(B) SCHEDULE.—The Under Secretary may enter
into an agreement under subparagraph (A) as soon as
possible, but not later than 90 days after the date of
enactment of this Act [Nov. 19, 2001]. The Under Secretary may enter into such an agreement for one 180day period and may extend such agreement for one
90-day period if the Under Secretary determines it
necessary.
‘‘(4) TRANSFER OF OWNERSHIP.—In recognition of the
assumption of the financial costs of security screening
of passengers and property at airports, and as soon as
practical after the date of enactment of this Act [Nov.

§ 44901

19, 2001], air carriers may enter into agreements with
the Under Secretary to transfer the ownership, at no
cost to the United States Government, of any personal
property, equipment, supplies, or other material associated with such screening, regardless of the source of
funds used to acquire the property, that the Secretary
determines to be useful for the performance of security
screening of passengers and property at airports.
‘‘(5) PERFORMANCE OF UNDER SECRETARY’S FUNCTIONS
DURING INTERIM PERIOD.—Until the Under Secretary
takes office, the functions of the Under Secretary that
relate to aviation security may be carried out by the
Secretary or the Secretary’s designee.’’
PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES
Pub. L. 110–53, title XVI, § 1610, Aug. 3, 2007, 121 Stat.
484, provided that:
‘‘(a) TECHNOLOGY RESEARCH AND PILOT PROJECTS.—
‘‘(1) RESEARCH AND DEVELOPMENT.—The Secretary of
Homeland Security, in consultation with the Administrator of the Transportation Security Administration, shall expedite research and development programs for technologies that can disrupt or prevent an
explosive device from being introduced onto a passenger plane or from damaging a passenger plane
while in flight or on the ground. The research shall be
used in support of implementation of section 44901 of
title 49, United States Code.
‘‘(2) PILOT PROJECTS.—The Secretary, in conjunction with the Secretary of Transportation, shall establish a grant program to fund pilot projects—
‘‘(A) to deploy technologies described in paragraph (1); and
‘‘(B) to test technologies to expedite the recovery,
development, and analysis of information from aircraft accidents to determine the cause of the accident, including deployable flight deck and voice recorders and remote location recording devices.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of
Homeland Security for fiscal year 2008 such sums as
may be necessary to carry out this section. Such sums
shall remain available until expended.’’
STANDARDS FOR INCREASING THE USE OF EXPLOSIVE
DETECTION EQUIPMENT
Pub. L. 109–295, title V, § 518, Oct. 4, 2006, 120 Stat.
1380, provided that: ‘‘The Secretary of Homeland Security, in consultation with industry stakeholders, shall
develop standards and protocols for increasing the use
of explosive detection equipment to screen air cargo
when appropriate.’’
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 109–90, title V, § 524, Oct. 18, 2005, 119 Stat.
2086.
USE OF EXISTING EQUIPMENT TO SCREEN PASSENGER
CARGO; REPORTS
Pub. L. 109–90, title V, § 525, Oct. 18, 2005, 119 Stat.
2086, provided that: ‘‘The Transportation Security Administration (TSA) shall utilize existing checked baggage explosive detection equipment and screeners to
screen cargo carried on passenger aircraft to the greatest extent practicable at each airport: Provided, That
beginning with November 2005, TSA shall provide a
monthly report to the Committees on Appropriations
of the Senate and the House of Representatives detailing, by airport, the amount of cargo carried on passenger aircraft that was screened by TSA in August
2005 and each month thereafter.’’
IN-LINE CHECKED BAGGAGE SCREENING
Pub. L. 108–458, title IV, § 4019(a), (b), Dec. 17, 2004, 118
Stat. 3721, provided that:
‘‘(a) IN-LINE BAGGAGE SCREENING EQUIPMENT.—The
Assistant Secretary of Homeland Security (Transportation Security Administration) shall take such action
as may be necessary to expedite the installation and

§ 44901

TITLE 49—TRANSPORTATION

use of in-line baggage screening equipment at airports
at which screening is required by section 44901 of title
49, United States Code.
‘‘(b) SCHEDULE.—Not later than 180 days after the
date of enactment of this Act [Dec. 17, 2004], the Assistant Secretary shall submit to the appropriate congressional committees a schedule to expedite the installation and use of in-line baggage screening equipment at
such airports, with an estimate of the impact that such
equipment, facility modification, and baggage conveyor
placement will have on staffing needs and levels related
to aviation security.’’
CHECKED BAGGAGE SCREENING AREA MONITORING
Pub. L. 108–458, title IV, § 4020, Dec. 17, 2004, 118 Stat.
3722, provided that:
‘‘(a) IN GENERAL.—The Under Secretary for Border
and Transportation Security of the Department of
Homeland Security shall provide, subject to the availability of funds, assistance to airports at which screening is required by section 44901 of title 49, United States
Code, and that have checked baggage screening areas
that are not open to public view in the acquisition and
installation of security monitoring cameras for surveillance of such areas in order to deter theft from checked
baggage and to aid in the speedy resolution of liability
claims against the Transportation Security Administration.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of Homeland Security for fiscal year 2005 such sums as may be
necessary to carry out this section. Such sums shall remain available until expended.’’
PILOT PROGRAM TO EVALUATE USE OF BLAST
RESISTANT CARGO AND BAGGAGE CONTAINERS
Pub. L. 108–458, title IV, § 4051, Dec. 17, 2004, 118 Stat.
3728, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), beginning not later than 180 days after Dec. 17, 2004, to
carry out a pilot program to evaluate the use of blastresistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device, and directed the Assistant Secretary to provide incentives to air carriers to
volunteer to participate in such program.
AIR CARGO SECURITY
Pub. L. 108–458, title IV, § 4052, Dec. 17, 2004, 118 Stat.
3728, provided that:
‘‘(a) AIR CARGO SCREENING TECHNOLOGY.—The Assistant Secretary of Homeland Security (Transportation
Security Administration) shall develop technology to
better identify, track, and screen air cargo.
‘‘(b) IMPROVED AIR CARGO AND AIRPORT SECURITY.—
There is authorized to be appropriated to the Secretary
of Homeland Security for the use of the Transportation
Security Administration, in addition to any amounts
otherwise authorized by law, for the purpose of improving aviation security related to the transportation of
cargo on both passenger aircraft and all-cargo aircraft—
‘‘(1) $200,000,000 for fiscal year 2005;
‘‘(2) $200,000,000 for fiscal year 2006; and
‘‘(3) $200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
‘‘(c) RESEARCH, DEVELOPMENT, AND DEPLOYMENT.—To
carry out subsection (a), there is authorized to be appropriated to the Secretary, in addition to any
amounts otherwise authorized by law, for research and
development related to enhanced air cargo security
technology as well as for deployment and installation
of enhanced air cargo security technology—
‘‘(1) $100,000,000 for fiscal year 2005;
‘‘(2) $100,000,000 for fiscal year 2006; and
‘‘(3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
‘‘(d) ADVANCED CARGO SECURITY GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall establish and
carry out a program to issue competitive grants to

Page 922

encourage the development of advanced air cargo security technology, including use of innovative financing or other means of funding such activities. The
Secretary may make available funding for this purpose from amounts appropriated pursuant to subsection (c).
‘‘(2) ELIGIBILITY CRITERIA, ETC.—The Secretary shall
establish such eligibility criteria, establish such application and administrative procedures, and provide
for such matching funding requirements, if any, as
may be necessary and appropriate to ensure that the
technology is deployed as fully and rapidly as possible.’’
IDENTIFICATION STANDARDS
Pub. L. 108–458, title VII, § 7220, Dec. 17, 2004, 118 Stat.
3835, provided that:
‘‘(a) PROPOSED STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary of Homeland Security—
‘‘(A) shall propose minimum standards for identification documents required of domestic commercial airline passengers for boarding an aircraft; and
‘‘(B) may, from time to time, propose minimum
standards amending or replacing standards previously proposed and transmitted to Congress and
approved under this section.
‘‘(2) SUBMISSION TO CONGRESS.—Not later than 6
months after the date of enactment of this Act [Dec.
17, 2004], the Secretary shall submit the standards
under paragraph (1)(A) to the Senate and the House of
Representatives on the same day while each House is
in session.
‘‘(3) EFFECTIVE DATE.—Any proposed standards submitted to Congress under this subsection shall take
effect when an approval resolution is passed by the
House and the Senate under the procedures described
in subsection (b) and becomes law.
‘‘(b) CONGRESSIONAL APPROVAL PROCEDURES.—
‘‘(1) RULEMAKING POWER.—This subsection is enacted by Congress—
‘‘(A) as an exercise of the rulemaking power of
the Senate and the House of Representatives, respectively, and as such they are deemed a part of
the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in
that House in the case of such approval resolutions;
and it supersedes other rules only to the extent
that they are inconsistent therewith; and
‘‘(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any
time, in the same manner and to the same extent
as in the case of any other rule of that House.
‘‘(2) APPROVAL RESOLUTION.—For the purpose of this
subsection, the term ‘approval resolution’ means a
joint resolution of Congress, the matter after the resolving clause of which is as follows: ‘That the Congress approves the proposed standards issued under
section 7220 of the 9/11 Commission Implementation
Act of 2004, transmitted by the President to the Congress on llllll’, the blank space being filled in
with the appropriate date.
‘‘(3) INTRODUCTION.—Not later than the first day of
session following the day on which proposed standards are transmitted to the House of Representatives
and the Senate under subsection (a), an approval resolution—
‘‘(A) shall be introduced (by request) in the House
by the Majority Leader of the House of Representatives, for himself or herself and the Minority Leader of the House of Representatives, or by Members
of the House of Representatives designated by the
Majority Leader and Minority Leader of the House;
and
‘‘(B) shall be introduced (by request) in the Senate by the Majority Leader of the Senate, for himself or herself and the Minority Leader of the Senate, or by Members of the Senate designated by the
Majority Leader and Minority Leader of the Senate.

Page 923

TITLE 49—TRANSPORTATION

‘‘(4) PROHIBITIONS.—
‘‘(A) AMENDMENTS.—No amendment to an approval resolution shall be in order in either the
House of Representatives or the Senate.
‘‘(B) MOTIONS TO SUSPEND.—No motion to suspend
the application of this paragraph shall be in order
in either House, nor shall it be in order in either
House for the Presiding Officer to entertain a request to suspend the application of this paragraph
by unanimous consent.
‘‘(5) REFERRAL.—
‘‘(A) IN GENERAL.—An approval resolution shall be
referred to the committees of the House of Representatives and of the Senate with jurisdiction.
Each committee shall make its recommendations
to the House of Representatives or the Senate, as
the case may be, within 45 days after its introduction. Except as provided in subparagraph (B), if a
committee to which an approval resolution has
been referred has not reported it at the close of the
45th day after its introduction, such committee
shall be automatically discharged from further consideration of the resolution and it shall be placed
on the appropriate calendar.
‘‘(B) FINAL PASSAGE.—A vote on final passage of
the resolution shall be taken in each House on or
before the close of the 15th day after the resolution
is reported by the committee or committees of that
House to which it was referred, or after such committee or committees have been discharged from
further consideration of the resolution.
‘‘(C) COMPUTATION OF DAYS.—For purposes of this
paragraph, in computing a number of days in either
House, there shall be excluded any day on which
that House is not in session.
‘‘(6) COORDINATION WITH ACTION OF OTHER HOUSE.—If
prior to the passage by one House of an approval resolution of that House, that House receives the same
approval resolution from the other House, then the
procedure in that House shall be the same as if no approval resolution has been received from the other
House, but the vote on final passage shall be on the
approval resolution of the other House.
‘‘(7) FLOOR CONSIDERATION IN THE HOUSE OF REPRESENTATIVES.—
‘‘(A) MOTION TO PROCEED.—A motion in the House
of Representatives to proceed to the consideration
of an approval resolution shall be highly privileged
and not debatable. An amendment to the motion
shall not be in order, not shall it be in order to
move to reconsider the vote by which the motion is
agreed to or disagreed to.
‘‘(B) DEBATE.—Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 4 hours,
which shall be divided equally between those favoring and those opposing the resolution. A motion to
further limit debate shall not be debatable. It shall
not be in order to move to recommit an approval
resolution or to move to reconsider the vote by
which an approval resolution is agreed to or disagreed to.
‘‘(C) MOTION TO POSTPONE.—Motions to postpone
made in the House of Representatives with respect
to the consideration of an approval resolution and
motions to proceed to the consideration of other
business shall be decided without debate.
‘‘(D) APPEALS.—All appeals from the decisions of
the Chair relating to the application of the Rules of
the House of Representatives to the procedure relating to an approval resolution shall be decided
without debate.
‘‘(E) RULES OF THE HOUSE OF REPRESENTATIVES.—
Except to the extent specifically provided in subparagraphs (A) through (D), consideration of an approval resolution shall be governed by the Rules of
the House of Representatives applicable to other
resolutions in similar circumstances.
‘‘(8) FLOOR CONSIDERATION IN THE SENATE.—
‘‘(A) MOTION TO PROCEED.—A motion in the Senate
to proceed to the consideration of an approval reso-

§ 44901

lution shall be privileged and not debatable. An
amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
‘‘(B) DEBATE ON RESOLUTION.—Debate in the Senate on an approval resolution, and appeals in connection therewith, shall be limited to not more
than 10 hours, which shall be equally divided between, and controlled by, the Majority Leader and
the Minority Leader, or their designees.
‘‘(C) DEBATE ON MOTIONS AND APPEALS.—Debate in
the Senate on any debatable motion or appeal in
connection with an approval resolution shall be
limited to not more than 1 hour, which shall be
equally divided between, and controlled by, the
mover and the manager of the resolution, except
that in the event the manager of the resolution is
in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the Minority Leader or designee. Such leaders, or either of
them, may, from time under their control on the
passage of an approval resolution, allot additional
time to any Senator during the consideration of
any debatable motion or appeal.
‘‘(D) LIMIT ON DEBATE.—A motion in the Senate to
further limit debate is not debatable. A motion to
recommit an approval resolution is not in order.
‘‘(c) DEFAULT STANDARDS.—
‘‘(1) IN GENERAL.—If the standards proposed under
subsection (a)(1)(A) are not approved pursuant to the
procedures described in subsection (b), then not later
than 1 year after rejection by a vote of either House
of Congress, domestic commercial airline passengers
seeking to board an aircraft shall present, for identification purposes—
‘‘(A) a valid, unexpired passport;
‘‘(B) domestically issued documents that the Secretary of Homeland Security designates as reliable
for identification purposes;
‘‘(C) any document issued by the Attorney General or the Secretary of Homeland Security under
the authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(17))[)]; or
‘‘(D) a document issued by the country of nationality of any alien not required to possess a passport
for admission to the United States that the Secretary designates as reliable for identifications purposes
‘‘(2) EXCEPTION.—The documentary requirements
described in paragraph (1)—
‘‘(A) shall not apply to individuals below the age
of 17, or such other age as determined by the Secretary of Homeland Security;
‘‘(B) may be waived by the Secretary of Homeland
Security in the case of an unforeseen medical emergency.
‘‘(d) RECOMMENDATION TO CONGRESS.—Not later than 1
year after the date of enactment of this Act [Dec. 17,
2004], the Secretary of Homeland Security shall recommend to Congress—
‘‘(1) categories of Federal facilities that the Secretary determines to be at risk for terrorist attack
and requiring minimum identification standards for
access to such facilities; and
‘‘(2) appropriate minimum identification standards
to gain access to those facilities.’’
DEADLINE FOR DEPLOYMENT OF FEDERAL SCREENERS
Pub. L. 107–71, title I, § 110(c), Nov. 19, 2001, 115 Stat.
616, provided that:
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security shall deploy at
all airports in the United States where screening is required under section 44901 of title 49, United States
Code, a sufficient number of Federal screeners, Federal
Security Managers, Federal security personnel, and
Federal law enforcement officers to conduct the screening of all passengers and property under section 44901 of
such title at such airports.

§ 44902

TITLE 49—TRANSPORTATION

‘‘(2) CERTIFICATION TO CONGRESS.—Not later than 1
year after the date of enactment of this Act, the Under
Secretary shall transmit to Congress a certification
that the requirement of paragraph (1) has been met.’’
REPORTS
Pub. L. 107–71, title I, § 110(d), Nov. 19, 2001, 115 Stat.
616, provided that:
‘‘(1) DEPLOYMENT.—Within 6 months after the date of
enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security shall report to
the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives on the deployment of the systems required by
section 44901(c) of title 49, United States Code. The
Under Secretary shall include in the report—
‘‘(A) an installation schedule;
‘‘(B) the dates of installation of each system; and
‘‘(C) the date on which each system installed is
operational.
‘‘(2) SCREENING OF SMALL AIRCRAFT.—Within 1 year
after the date of enactment of this Act [Nov. 19, 2001],
the Under Secretary of Transportation for Security
shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and
Committee on Transportation and Infrastructure of the
House of Representatives on the screening requirements applicable to passengers boarding, and property
being carried aboard, aircraft with 60 seats or less used
in scheduled passenger service with recommendations
for any necessary changes in those requirements.’’
INSTALLATION OF ADVANCED SECURITY EQUIPMENT;
AGREEMENTS
Pub. L. 104–264, title III, § 305(b), Oct. 9, 1996, 110 Stat.
3252, provided that: ‘‘The Administrator is authorized
to use noncompetitive or cooperative agreements with
air carriers and airport authorities that provide for the
Administrator to purchase and assist in installing advanced security equipment for the use of such entities.’’
PASSENGER PROFILING
Pub. L. 104–264, title III, § 307, Oct. 9, 1996, 110 Stat.
3253, provided that: ‘‘The Administrator of the Federal
Aviation Administration, the Secretary of Transportation, the intelligence community, and the law enforcement community should continue to assist air carriers in developing computer-assisted passenger profiling programs and other appropriate passenger profiling programs which should be used in conjunction
with other security measures and technologies.’’
AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT
SECURITY PROGRAMS AND ACTIVITIES
Pub. L. 104–264, title III, § 308, Oct. 9, 1996, 110 Stat.
3253, which provided that funds from project grants
made under subchapter I of chapter 471 of this title and
passenger facility fees collected under section 40117 of
this title could be used for the improvement of facilities and the purchase and deployment of equipment to
enhance and ensure safe air travel, was repealed by
Pub. L. 108–176, title I, § 143, Dec. 12, 2003, 117 Stat. 2503.
INSTALLATION AND USE OF EXPLOSIVE DETECTION
EQUIPMENT
Pub. L. 101–45, title I, June 30, 1989, 103 Stat. 110, provided in part that: ‘‘Not later than thirty days after the
date of the enactment of this Act [June 30, 1989], the
Federal Aviation Administrator shall initiate action,
including such rulemaking or other actions as necessary, to require the use of explosive detection equipment that meets minimum performance standards requiring application of technology equivalent to or better than thermal neutron analysis technology at such
airports (whether located within or outside the United
States) as the Administrator determines that the installation and use of such equipment is necessary to en-

Page 924

sure the safety of air commerce. The Administrator
shall complete these actions within sixty days of enactment of this Act’’.
RESEARCH AND DEVELOPMENT OF IMPROVED AIRPORT
SECURITY SYSTEMS
Pub. L. 100–649, § 2(d), Nov. 10, 1988, 102 Stat. 3817, provided that: ‘‘The Administrator of the Federal Aviation
Administration shall conduct such research and development as may be necessary to improve the effectiveness of airport security metal detectors and airport security x-ray systems in detecting firearms that, during
the 10-year period beginning on the effective date of
this Act [see Effective Date of 1988 Amendment; Sunset
Provision note set out under section 922 of Title 18,
Crimes and Criminal Procedure], are subject to the prohibitions of section 922(p) of title 18, United States
Code.’’
DEFINITIONS OF TERMS IN TITLE IV OF PUB. L. 108–458
Pub. L. 108–458, title IV, § 4081, Dec. 17, 2004, 118 Stat.
3731, provided that: ‘‘In this title [enacting section
44925 of this title, amending sections 114, 44903, 44904,
44909, 44917, 44923, 46301 to 46303, and 48301 of this title
and sections 70102 and 70103 of Title 46, Shipping, and
enacting provisions set out as notes under this section,
sections 114, 44703, 44913, 44917, 44923, 44925, and 44935 of
this title, section 2751 of Title 22, Foreign Relations
and Intercourse, and section 70101 of Title 46] (other
than in sections 4001 and 4026 [amending sections 114
and 44904 of this title and enacting provisions set out as
a note under section 2751 of Title 22]), the following
definitions apply:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The
term ‘appropriate congressional committees’ means
the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
‘‘(2) AVIATION DEFINITIONS.—The terms ‘air carrier’,
‘air transportation’, ‘aircraft’, ‘airport’, ‘cargo’, ‘foreign air carrier’, and ‘intrastate air transportation’
have the meanings given such terms in section 40102
of title 49, United States Code.
‘‘(3) SECURE AREA OF AN AIRPORT.—The term ‘secure
area of an airport’ means the sterile area and the Secure Identification Display Area of an airport (as
such terms are defined in section 1540.5 of title 49,
Code of Federal Regulations, or any successor regulations).’’
DEFINITIONS OF TERMS IN PUB. L. 107–71
For definitions of terms used in sections 101(g) and
110(c), (d), of Pub. L. 107–71, set out above, see section
133 of Pub. L. 107–71, set out as a note under section
40102 of this title.

§ 44902. Refusal to transport passengers and
property
(a) MANDATORY REFUSAL.—The Under Secretary of Transportation for Security shall prescribe regulations requiring an air carrier,
intrastate air carrier, or foreign air carrier to
refuse to transport—
(1) a passenger who does not consent to a
search under section 44901(a) of this title establishing whether the passenger is carrying
unlawfully a dangerous weapon, explosive, or
other destructive substance; or
(2) property of a passenger who does not consent to a search of the property establishing
whether the property unlawfully contains a
dangerous weapon, explosive, or other destructive substance.
(b) PERMISSIVE REFUSAL.—Subject to regulations of the Under Secretary, an air carrier,

Page 925

TITLE 49—TRANSPORTATION

intrastate air carrier, or foreign air carrier may
refuse to transport a passenger or property the
carrier decides is, or might be, inimical to safety.
(c) AGREEING TO CONSENT TO SEARCH.—An
agreement to carry passengers or property in air
transportation or intrastate air transportation
by an air carrier, intrastate air carrier, or foreign air carrier is deemed to include an agreement that the passenger or property will not be
carried if consent to search the passenger or
property for a purpose referred to in this section
is not given.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1204;
Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001,
115 Stat. 603.)
HISTORICAL AND REVISION NOTES
Revised
Section
44902(a) ......

44902(b) ......
44902(c) ......

Source (U.S. Code)
49 App.:1511(a) (1st
sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1111; added
Sept. 5, 1961, Pub. L.
87–197, § 4, 75 Stat. 467; restated Aug. 5, 1974, Pub. L.
93–366, § 204, 88 Stat. 418.

49 App.:1511(a) (last
sentence).
49 App.:1511(b).

In this section, the word ‘‘passenger’’ is substituted
for ‘‘person’’ for consistency in the revised title.
In subsection (a)(1), the words ‘‘of his person’’ are
omitted as surplus.
In subsection (a)(2), the words ‘‘or inspection’’ are
omitted as surplus.
In subsection (b), the words ‘‘reasonable’’ and ‘‘also’’
are omitted as surplus. The word ‘‘rules’’ is omitted as
being synonymous with ‘‘regulations’’. The words ‘‘the
carrier decides is’’ are substituted for ‘‘when, in the
opinion of the carrier, such transportation would’’ to
eliminate unnecessary words. The words ‘‘of flight’’ are
omitted as surplus.
In subsection (c), the words ‘‘for compensation or
hire’’ are omitted because of the definitions of ‘‘air
transportation’’ and ‘‘intrastate air transportation’’ in
section 40102(a) of the revised title. The word ‘‘inspect’’
is omitted as surplus.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71 substituted ‘‘Under
Secretary of Transportation for Security’’ for ‘‘Administrator of the Federal Aviation Administration’’ in introductory provisions.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44903. Air transportation security
(a) DEFINITION.—In this section, ‘‘law enforcement personnel’’ means individuals—
(1) authorized to carry and use firearms;
(2) vested with the degree of the police power
of arrest the Under Secretary of Transportation for Security considers necessary to
carry out this section; and

§ 44903

(3) identifiable by appropriate indicia of authority.
(b) PROTECTION
RACY.—The Under

AGAINST VIOLENCE AND PISecretary shall prescribe regulations to protect passengers and property on
an aircraft operating in air transportation or
intrastate air transportation against an act of
criminal violence or aircraft piracy. When prescribing a regulation under this subsection, the
Under Secretary shall—
(1) consult with the Secretary of Transportation, the Attorney General, the heads of
other departments, agencies, and instrumentalities of the United States Government, and
State and local authorities;
(2) consider whether a proposed regulation is
consistent with—
(A) protecting passengers; and
(B) the public interest in promoting air
transportation and intrastate air transportation;
(3) to the maximum extent practicable, require a uniform procedure for searching and
detaining passengers and property to ensure—
(A) their safety; and
(B) courteous and efficient treatment by
an air carrier, an agent or employee of an air
carrier, and Government, State, and local
law enforcement personnel carrying out this
section; and
(4) consider the extent to which a proposed
regulation will carry out this section.

(c) SECURITY PROGRAMS.—(1) The Under Secretary shall prescribe regulations under subsection (b) of this section that require each operator of an airport regularly serving an air carrier holding a certificate issued by the Secretary
of Transportation to establish an air transportation security program that provides a law enforcement presence and capability at each of
those airports that is adequate to ensure the
safety of passengers. The regulations shall authorize the operator to use the services of qualified State, local, and private law enforcement
personnel. When the Under Secretary decides,
after being notified by an operator in the form
the Under Secretary prescribes, that not enough
qualified State, local, and private law enforcement personnel are available to carry out subsection (b), the Under Secretary may authorize
the operator to use, on a reimbursable basis,
personnel employed by the Under Secretary, or
by another department, agency, or instrumentality of the Government with the consent of
the head of the department, agency, or instrumentality, to supplement State, local, and private law enforcement personnel. When deciding
whether additional personnel are needed, the
Under Secretary shall consider the number of
passengers boarded at the airport, the extent of
anticipated risk of criminal violence or aircraft
piracy at the airport or to the air carrier aircraft operations at the airport, and the availability of qualified State or local law enforcement personnel at the airport.
(2)(A) The Under Secretary may approve a security program of an airport operator, or an
amendment in an existing program, that incorporates a security program of an airport tenant

§ 44903

TITLE 49—TRANSPORTATION

(except an air carrier separately complying with
part 108 or 129 of title 14, Code of Federal Regulations) having access to a secured area of the
airport, if the program or amendment incorporates—
(i) the measures the tenant will use, within
the tenant’s leased areas or areas designated
for the tenant’s exclusive use under an agreement with the airport operator, to carry out
the security requirements imposed by the
Under Secretary on the airport operator under
the access control system requirements of section 107.14 of title 14, Code of Federal Regulations, or under other requirements of part 107
of title 14; and
(ii) the methods the airport operator will use
to monitor and audit the tenant’s compliance
with the security requirements and provides
that the tenant will be required to pay monetary penalties to the airport operator if the
tenant fails to carry out a security requirement under a contractual provision or requirement imposed by the airport operator.
(B) If the Under Secretary approves a program
or amendment described in subparagraph (A) of
this paragraph, the airport operator may not be
found to be in violation of a requirement of this
subsection or subsection (b) of this section when
the airport operator demonstrates that the tenant or an employee, permittee, or invitee of the
tenant is responsible for the violation and that
the airport operator has complied with all measures in its security program for securing compliance with its security program by the tenant.
(C) MAXIMUM USE OF CHEMICAL AND BIOLOGICAL
WEAPON DETECTION EQUIPMENT.—The Secretary
of Transportation may require airports to maximize the use of technology and equipment that
is designed to detect or neutralize potential
chemical or biological weapons.
(3) PILOT PROGRAMS.—The Administrator shall
establish pilot programs in no fewer than 20 airports to test and evaluate new and emerging
technology for providing access control and
other security protections for closed or secure
areas of the airports. Such technology may include biometric or other technology that ensures only authorized access to secure areas.
(d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE ARRESTS.—With the approval of
the Attorney General and the Secretary of
State, the Secretary of Transportation may authorize an individual who carries out air transportation security duties—
(1) to carry firearms; and
(2) to make arrests without warrant for an
offense against the United States committed
in the presence of the individual or for a felony under the laws of the United States, if the
individual reasonably believes the individual
to be arrested has committed or is committing
a felony.
EXCLUSIVE RESPONSIBILITY OVER PASSAFETY.—The Under Secretary has the
exclusive responsibility to direct law enforcement activity related to the safety of passengers
on an aircraft involved in an offense under section 46502 of this title from the moment all external doors of the aircraft are closed following
boarding until those doors are opened to allow
(e)

SENGER

Page 926

passengers to leave the aircraft. When requested
by the Under Secretary, other departments,
agencies, and instrumentalities of the Government shall provide assistance necessary to carry
out this subsection.
(f) GOVERNMENT AND INDUSTRY CONSORTIA.—
The Under Secretary may establish at airports
such consortia of government and aviation industry representatives as the Under Secretary
may designate to provide advice on matters related to aviation security and safety. Such consortia shall not be considered Federal advisory
committees for purposes of the Federal Advisory
Committee Act (5 U.S.C. App.).
(g) IMPROVEMENT OF SECURED-AREA ACCESS
CONTROL.—
(1) ENFORCEMENT.—
(A) UNDER SECRETARY TO PUBLISH SANCTIONS.—The Under Secretary shall publish in
the Federal Register a list of sanctions for
use as guidelines in the discipline of employees for infractions of airport access control
requirements. The guidelines shall incorporate a progressive disciplinary approach
that relates proposed sanctions to the severity or recurring nature of the infraction and
shall include measures such as remedial
training, suspension from security-related
duties, suspension from all duties without
pay, and termination of employment.
(B) USE OF SANCTIONS.—Each airport operator, air carrier, and security screening company shall include the list of sanctions published by the Under Secretary in its security
program. The security program shall include
a process for taking prompt disciplinary action against an employee who commits an
infraction of airport access control requirements.
(2) IMPROVEMENTS.—The Under Secretary
shall—
(A) work with airport operators and air
carriers to implement and strengthen existing controls to eliminate airport access control weaknesses;
(B) require airport operators and air carriers to develop and implement comprehensive and recurring training programs that
teach employees their roles in airport security, the importance of their participation,
how their performance will be evaluated,
and what action will be taken if they fail to
perform;
(C) require airport operators and air carriers to develop and implement programs
that foster and reward compliance with airport access control requirements and discourage and penalize noncompliance in accordance with guidelines issued by the
Under Secretary to measure employee compliance;
(D) on an ongoing basis, assess and test for
compliance with access control requirements, report annually findings of the assessments, and assess the effectiveness of
penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found;
(E) improve and better administer the
Under Secretary’s security database to en-

Page 927

TITLE 49—TRANSPORTATION

sure its efficiency, reliability, and usefulness
for identification of systemic problems and
allocation of resources;
(F) improve the execution of the Under
Secretary’s quality control program; and
(G) work with airport operators to
strengthen access control points in secured
areas (including air traffic control operations areas, maintenance areas, crew
lounges, baggage handling areas, concessions, and catering delivery areas) to ensure
the security of passengers and aircraft and
consider the deployment of biometric or
similar technologies that identify individuals based on unique personal characteristics.
(h) IMPROVED AIRPORT PERIMETER ACCESS SECURITY.—
(1) IN GENERAL.—The Under Secretary, in
consultation with the airport operator and law
enforcement authorities, may order the deployment of such personnel at any secure area
of the airport as necessary to counter the risk
of criminal violence, the risk of aircraft piracy at the airport, the risk to air carrier aircraft operations at the airport, or to meet national security concerns.
(2) SECURITY OF AIRCRAFT AND GROUND ACCESS
TO SECURE AREAS.—In determining where to
deploy such personnel, the Under Secretary
shall consider the physical security needs of
air traffic control facilities, parked aircraft,
aircraft servicing equipment, aircraft supplies
(including fuel), automobile parking facilities
within airport perimeters or adjacent to secured facilities, and access and transition
areas at airports served by other means of
ground or water transportation.
(3) DEPLOYMENT OF FEDERAL LAW ENFORCEMENT PERSONNEL.—The Secretary may enter
into a memorandum of understanding or other
agreement with the Attorney General or the
head of any other appropriate Federal law enforcement agency to deploy Federal law enforcement personnel at an airport in order to
meet aviation safety and security concerns.
(4) AIRPORT PERIMETER SCREENING.—The
Under Secretary—
(A) shall require, as soon as practicable
after the date of enactment of this subsection, screening or inspection of all individuals, goods, property, vehicles, and other
equipment before entry into a secured area
of an airport in the United States described
in section 44903(c);
(B) shall prescribe specific requirements
for such screening and inspection that will
assure at least the same level of protection
as will result from screening of passengers
and their baggage;
(C) shall establish procedures to ensure the
safety and integrity of—
(i) all persons providing services with respect to aircraft providing passenger air
transportation or intrastate air transportation and facilities of such persons at an
airport in the United States described in
section 44903(c);
(ii) all supplies, including catering and
passenger amenities, placed aboard such
aircraft, including the sealing of supplies

§ 44903

to ensure easy visual detection of tampering; and
(iii) all persons providing such supplies
and facilities of such persons;
(D) shall require vendors having direct access to the airfield and aircraft to develop
security programs; and
(E) shall issue, not later than March 31,
2005, guidance for the use of biometric or
other technology that positively verifies the
identity of each employee and law enforcement officer who enters a secure area of an
airport.
(5) USE OF BIOMETRIC TECHNOLOGY IN AIRPORT
ACCESS CONTROL SYSTEMS.—In issuing guidance
under paragraph (4)(E), the Assistant Secretary of Homeland Security (Transportation
Security Administration) in consultation with
representatives of the aviation industry, the
biometric identifier industry, and the National Institute of Standards and Technology,
shall establish, at a minimum—
(A) comprehensive technical and operational system requirements and performance standards for the use of biometric identifier technology in airport access control
systems (including airport perimeter access
control systems) to ensure that the biometric identifier systems are effective, reliable,
and secure;
(B) a list of products and vendors that
meet the requirements and standards set
forth in subparagraph (A);
(C) procedures for implementing biometric
identifier systems—
(i) to ensure that individuals do not use
an assumed identity to enroll in a biometric identifier system; and
(ii) to resolve failures to enroll, false
matches, and false non-matches; and
(D) best practices for incorporating biometric identifier technology into airport access control systems in the most effective
manner, including a process to best utilize
existing airport access control systems, facilities, and equipment and existing data
networks connecting airports.
(6) USE OF BIOMETRIC TECHNOLOGY FOR ARMED
LAW ENFORCEMENT TRAVEL.—
(A) IN GENERAL.—Not later than 18 months
after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security, in consultation with the Attorney General, shall—
(i) implement this section 1 by publication in the Federal Register; and
(ii) establish a national registered armed
law enforcement program, that shall be
federally managed, for law enforcement officers needing to be armed when traveling
by commercial aircraft.
(B) PROGRAM REQUIREMENTS.—The program
shall—
(i) establish a credential or a system
that incorporates biometric technology
and other applicable technologies;
1 So

in original. Probably should be ‘‘paragraph’’.

§ 44903

TITLE 49—TRANSPORTATION

(ii) establish a system for law enforcement officers who need to be armed when
traveling by commercial aircraft on a regular basis and for those who need to be
armed during temporary travel assignments;
(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential Directive 12;
(iv) apply to all Federal, State, local,
tribal, and territorial government law enforcement agencies; and
(v) establish a process by which the travel credential or system may be used to verify the identity, using biometric technology, of a Federal, State, local, tribal, or
territorial law enforcement officer seeking
to carry a weapon on board a commercial
aircraft, without unnecessarily disclosing
to the public that the individual is a law
enforcement officer.
(C) PROCEDURES.—In establishing the program, the Secretary shall develop procedures—
(i) to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a
specific reason for flying armed and the
reason is within the scope of the duties of
such officer;
(ii) to preserve the anonymity of the
armed law enforcement officer;
(iii) to resolve failures to enroll, false
matches, and false nonmatches relating to
the use of the law enforcement travel credential or system;
(iv) to determine the method of issuance
of the biometric credential to law enforcement officers needing to be armed when
traveling by commercial aircraft;
(v) to invalidate any law enforcement
travel credential or system that is lost,
stolen, or no longer authorized for use;
(vi) to coordinate the program with the
Federal Air Marshal Service, including the
force multiplier program of the Service;
and
(vii) to implement a phased approach to
launching the program, addressing the immediate needs of the relevant Federal
agent population before expanding to
other law enforcement populations.
(7) DEFINITIONS.—In this subsection, the following definitions apply:
(A) BIOMETRIC IDENTIFIER INFORMATION.—
The term ‘‘biometric identifier information’’
means the distinct physical or behavioral
characteristics of an individual that are
used for unique identification, or verification of the identity, of an individual.
(B) BIOMETRIC IDENTIFIER.—The term ‘‘biometric identifier’’ means a technology that
enables the automated identification, or verification of the identity, of an individual
based on biometric information.
(C) FAILURE TO ENROLL.—The term ‘‘failure
to enroll’’ means the inability of an individual to enroll in a biometric identifier system
due to an insufficiently distinctive biometric sample, the lack of a body part necessary

Page 928

to provide the biometric sample, a system
design that makes it difficult to provide consistent biometric identifier information, or
other factors.
(D) FALSE MATCH.—The term ‘‘false
match’’ means the incorrect matching of one
individual’s biometric identifier information
to another individual’s biometric identifier
information by a biometric identifier system.
(E) FALSE NON-MATCH.—The term ‘‘false
non-match’’ means the rejection of a valid
identity by a biometric identifier system.
(F) SECURE AREA OF AN AIRPORT.—The term
‘‘secure area of an airport’’ means the sterile
area and the Secure Identification Display
Area of an airport (as such terms are defined
in section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to
such section).
(i) AUTHORITY TO ARM FLIGHT DECK CREW WITH
LESS-THAN-LETHAL WEAPONS.—
(1) IN GENERAL.—If the Under Secretary,
after receiving the recommendations of the
National Institute of Justice, determines, with
the approval of the Attorney General and the
Secretary of State, that it is appropriate and
necessary and would effectively serve the public interest in avoiding air piracy, the Under
Secretary may authorize members of the
flight deck crew on any aircraft providing air
transportation or intrastate air transportation to carry a less-than-lethal weapon
while the aircraft is engaged in providing such
transportation.
(2) USAGE.—If the Under Secretary grants
authority under paragraph (1) for flight deck
crew members to carry a less-than-lethal
weapon while engaged in providing air transportation or intrastate air transportation, the
Under Secretary shall—
(A) prescribe rules requiring that any such
crew member be trained in the proper use of
the weapon; and
(B) prescribe guidelines setting forth the
circumstances under which such weapons
may be used.
(3) REQUEST OF AIR CARRIERS TO USE LESSTHAN-LETHAL WEAPONS.—If, after the date of
enactment of this paragraph, the Under Secretary receives a request from an air carrier
for authorization to allow pilots of the air carrier to carry less-than-lethal weapons, the
Under Secretary shall respond to that request
within 90 days.
(j) SHORT-TERM ASSESSMENT AND DEPLOYMENT
OF EMERGING SECURITY TECHNOLOGIES AND PROCEDURES.—
(1) IN GENERAL.—The Under Secretary of
Transportation for Security shall recommend
to airport operators, within 6 months after the
date of enactment of the Aviation and Transportation Security Act, commercially available measures or procedures to prevent access
to secure airport areas by unauthorized persons. As part of the 6-month assessment, the
Under Secretary for Transportation Security
shall—
(A) review the effectiveness of biometrics
systems currently in use at several United

Page 929

TITLE 49—TRANSPORTATION

States airports, including San Francisco
International;
(B) review the effectiveness of increased
surveillance at access points;
(C) review the effectiveness of card- or
keypad-based access systems;
(D) review the effectiveness of airport
emergency exit systems and determine
whether those that lead to secure areas of
the airport should be monitored or how
breaches can be swiftly responded to; and
(E) specifically target the elimination of
the ‘‘piggy-backing’’ phenomenon, where another person follows an authorized person
through the access point.
The 6-month assessment shall include a 12month deployment strategy for currently
available technology at all category X airports, as defined in the Federal Aviation Administration approved air carrier security programs required under part 108 of title 14, Code
of Federal Regulations. Not later than 18
months after the date of enactment of this
Act, the Secretary of Transportation shall
conduct a review of reductions in unauthorized access at these airports.
(2) COMPUTER-ASSISTED PASSENGER PRESCREENING SYSTEM.—
(A) IN GENERAL.—The Secretary of Transportation shall ensure that the ComputerAssisted Passenger Prescreening System, or
any successor system—
(i) is used to evaluate all passengers before they board an aircraft; and
(ii) includes procedures to ensure that
individuals selected by the system and
their carry-on and checked baggage are
adequately screened.
(B) MODIFICATIONS.—The Secretary of
Transportation may modify any requirement under the Computer-Assisted Passenger Prescreening System for flights that
originate and terminate within the same
State, if the Secretary determines that—
(i) the State has extraordinary air transportation needs or concerns due to its isolation and dependence on air transportation; and
(ii) the routine characteristics of passengers, given the nature of the market,
regularly triggers primary selectee status.
(C) ADVANCED AIRLINE PASSENGER PRESCREENING.—
(i) COMMENCEMENT OF TESTING.—Not
later than January 1, 2005, the Assistant
Secretary of Homeland Security (Transportation Security Administration), or the
designee of the Assistant Secretary, shall
commence testing of an advanced passenger prescreening system that will allow
the Department of Homeland Security to
assume the performance of comparing passenger information, as defined by the Assistant Secretary, to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by
the Federal Government.
(ii) ASSUMPTION OF FUNCTION.—Not later
than 180 days after completion of testing

§ 44903

under clause (i), the Assistant Secretary,
or the designee of the Assistant Secretary,
shall begin to assume the performance of
the passenger prescreening function of
comparing passenger information to the
automatic selectee and no fly lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist
maintained by the Federal Government in
performing that function.
(iii) REQUIREMENTS.—In assuming performance of the function under clause (ii),
the Assistant Secretary shall—
(I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because
the advanced passenger prescreening system determined that they might pose a
security threat, to appeal such determination and correct information contained in the system;
(II) ensure that Federal Government
databases that will be used to establish
the identity of a passenger under the
system will not produce a large number
of false positives;
(III) establish an internal oversight
board to oversee and monitor the manner in which the system is being implemented;
(IV) establish sufficient operational
safeguards to reduce the opportunities
for abuse;
(V) implement substantial security
measures to protect the system from unauthorized access;
(VI) adopt policies establishing effective oversight of the use and operation of
the system; and
(VII) ensure that there are no specific
privacy concerns with the technological
architecture of the system.
(iv) PASSENGER INFORMATION.—Not later
than 180 days after the completion of the
testing of the advanced passenger prescreening system, the Assistant Secretary,
by order or interim final rule—
(I) shall require air carriers to supply
to the Assistant Secretary the passenger
information needed to begin implementing the advanced passenger prescreening
system; and
(II) shall require entities that provide
systems and services to air carriers in
the operation of air carrier reservations
systems to provide to air carriers passenger information in possession of such
entities, but only to the extent necessary to comply with subclause (I).
(v) INCLUSION OF DETAINEES ON NO FLY
LIST.—The Assistant Secretary, in coordination with the Terrorist Screening Center, shall include on the No Fly List any
individual who was a detainee held at the
Naval Station, Guantanamo Bay, Cuba,
unless the President certifies in writing to
Congress that the detainee poses no threat
to the United States, its citizens, or its allies. For purposes of this clause, the term
‘‘detainee’’ means an individual in the cus-

§ 44903

TITLE 49—TRANSPORTATION

tody or under the physical control of the
United States as a result of armed conflict.
(D) SCREENING
WATCHLIST.—The

OF

EMPLOYEES

AGAINST

Assistant Secretary of
Homeland Security (Transportation Security Administration), in coordination with
the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individuals are
screened against all appropriate records in
the consolidated and integrated terrorist
watchlist maintained by the Federal Government before—
(i) being certificated by the Federal
Aviation Administration;
(ii) being granted unescorted access to
the secure area of an airport; or
(iii) being granted unescorted access to
the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to
such section) of an airport.

(E) AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING.—
(i) IN GENERAL.—Not later than 90 days
after the date on which the Assistant Secretary assumes the performance of the advanced passenger prescreening function
under subparagraph (C)(ii), the Assistant
Secretary shall establish a process by
which operators of aircraft to be used in
charter air transportation with a maximum takeoff weight greater than 12,500
pounds and lessors of aircraft with a maximum takeoff weight greater than 12,500
pounds may—
(I) request the Department of Homeland Security to use the advanced passenger prescreening system to compare
information about any individual seeking to charter an aircraft with a maximum takeoff weight greater than 12,500
pounds, any passenger proposed to be
transported aboard such aircraft, and
any individual seeking to lease an aircraft with a maximum takeoff weight
greater than 12,500 pounds to the automatic selectee and no fly lists, utilizing
all appropriate records in the consolidated and integrated terrorist watchlist
maintained by the Federal Government;
and
(II) refuse to charter or lease an aircraft with a maximum takeoff weight
greater than 12,500 pounds to or transport aboard such aircraft any persons
identified on such watch list.
(ii) REQUIREMENTS.—The requirements of
subparagraph (C)(iii) shall apply to this
subparagraph.
(iii) NO FLY AND AUTOMATIC SELECTEE
LISTS.—The Secretary of Homeland Security, in consultation with the Terrorist
Screening Center, shall design and review,
as necessary, guidelines, policies, and operating procedures for the collection, removal, and updating of data maintained,
or to be maintained, in the no fly and
automatic selectee lists.

Page 930

(F) APPLICABILITY.—Section 607 of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117 Stat. 2568)
shall not apply to the advanced passenger
prescreening system established under subparagraph (C).
(G) APPEAL PROCEDURES.—
(i) IN GENERAL.—The Assistant Secretary
shall establish a timely and fair process
for individuals identified as a threat under
one or more of subparagraphs (C), (D), and
(E) to appeal to the Transportation Security Administration the determination and
correct any erroneous information.
(ii) RECORDS.—The process shall include
the establishment of a method by which
the Assistant Secretary will be able to
maintain a record of air passengers and
other
individuals
who
have
been
misidentified and have corrected erroneous
information. To prevent repeated delays of
misidentified passengers and other individuals, the Transportation Security Administration record shall contain information
determined by the Assistant Secretary to
authenticate the identity of such a passenger or individual.
(H) DEFINITION.—In this paragraph, the
term ‘‘secure area of an airport’’ means the
sterile area and the Secure Identification
Display Area of an airport (as such terms are
defined in section 1540.5 of title 49, Code of
Federal Regulations, or any successor regulation to such section).
(k) LIMITATION ON LIABILITY FOR ACTS TO
THWART CRIMINAL VIOLENCE OR AIRCRAFT PIRACY.—An individual shall not be liable for damages in any action brought in a Federal or State
court arising out of the acts of the individual in
attempting to thwart an act of criminal violence or piracy on an aircraft if that individual
reasonably believed that such an act of criminal
violence or piracy was occurring or was about to
occur.
(l) AIR CHARTER PROGRAM.—
(1) IN GENERAL.—The Under Secretary for
Border and Transportation Security of the Department of Homeland Security shall implement an aviation security program for charter
air carriers (as defined in section 40102(a)) with
a maximum certificated takeoff weight of
more than 12,500 pounds.
(2) EXEMPTION FOR ARMED FORCES CHARTERS.—
(A) IN GENERAL.—Paragraph (1) and the
other requirements of this chapter do not
apply to passengers and property carried by
aircraft when employed to provide charter
transportation to members of the armed
forces.
(B) SECURITY PROCEDURES.—The Secretary
of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Transportation, shall establish security procedures relating to the operation
of aircraft when employed to provide charter
transportation to members of the armed
forces to or from an airport described in section 44903(c).
(C) ARMED FORCES DEFINED.—In this paragraph, the term ‘‘armed forces’’ has the

Page 931

meaning given that term by section 101(a)(4)
of title 10.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1205;
Pub. L. 106–181, title VII, § 717, Apr. 5, 2000, 114
Stat. 163; Pub. L. 106–528, §§ 4, 6, Nov. 22, 2000, 114
Stat. 2520, 2521; Pub. L. 107–71, title I,
§§ 101(f)(7)–(9), 106(a), (c), (d), 120, 126(b), 136, 144,
Nov. 19, 2001, 115 Stat. 603, 608–610, 629, 632, 636,
644; Pub. L. 107–296, title XIV, §§ 1405, 1406, Nov.
25, 2002, 116 Stat. 2307; Pub. L. 108–176, title VI,
§ 606(a), Dec. 12, 2003, 117 Stat. 2568; Pub. L.
108–458, title IV, §§ 4011(a), 4012(a)(1), Dec. 17,
2004, 118 Stat. 3712, 3714; Pub. L. 110–53, title XVI,
§ 1615(a), Aug. 3, 2007, 121 Stat. 486; Pub. L. 111–83,
title V, § 553, Oct. 28, 2009, 123 Stat. 2179.)
HISTORICAL AND REVISION NOTES
Revised
Section
44903(a) ......

§ 44903

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1357(f).

44903(b) ......
44903(c)(1) ..
44903(c)(2) ..

49 App.:1357(a).
49 App.:1357(b).
49 App.:1357(g).

44903(d) ......

49 App.:1356b.

44903(e) ......

49 App.:1357(e)(2),
(3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(a), (b),
(e)(2), (3), (f); added Aug.
5, 1974, Pub. L. 93–366,
§ 202, 88 Stat. 415, 417.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(g); added
Aug. 15, 1990, Pub. L.
101–370, § 2, 104 Stat. 451.
Aug. 8, 1985, Pub. L. 99–83,
§ 553(b), 99 Stat. 226.

In this section, the word ‘‘passengers’’ is substituted
for ‘‘persons’’ for consistency in the revised title.
In subsection (a)(2), the words ‘‘the degree of’’ are
substituted for ‘‘such’’ for clarity.
In subsection (b), before clause (1), the word ‘‘rules’’
is omitted as being synonymous with ‘‘regulations’’.
The words ‘‘such reasonable . . . requiring such practices, methods, and procedures, or governing the design, materials, and construction of aircraft, as he may
deem necessary’’ are omitted as surplus. The word
‘‘air’’ after ‘‘intrastate’’ is added for clarity and consistency. The words ‘‘and amending’’ are omitted as
surplus. In clause (1), the words ‘‘the heads of other departments, agencies, and instrumentalities of the
United States Government, and State and local authorities’’ are substituted for ‘‘such other Federal,
State, and local agencies’’ for consistency in the revised title and with other titles of the United States
Code. The words ‘‘as he may deem appropriate’’ are
omitted as surplus. In clause (2)(A), the words ‘‘in air
transportation or intrastate air transportation against
acts of criminal violence and aircraft piracy’’ are omitted as surplus. In clause (3), before subclause (A), the
words ‘‘inspection’’ and ‘‘in air transportation and
intrastate air transportation’’ are omitted as surplus.
In subclause (B), the words ‘‘that they will receive’’ and
‘‘any air transportation security program established
under’’ are omitted as surplus. In clause (4), the words
‘‘contribute to . . . the purposes of’’ are omitted as surplus.
In subsection (c)(1), the words ‘‘traveling in air transportation or intrastate air transportation from acts of
criminal violence and aircraft piracy’’ and ‘‘whose services are made available by their employers’’ are omitted as surplus. The words ‘‘department, agency, or instrumentality of the Government’’ are substituted for
‘‘Federal department or agency’’ for consistency in the
revised title and with other titles of the Code. The word
‘‘When’’ is substituted for ‘‘In any case in which’’ to
eliminate unnecessary words. The words ‘‘receipt of’’,
‘‘by order’’, ‘‘the services of’’, ‘‘directly’’, and ‘‘at the
airport concerned in such numbers and for such period
of time as the Administrator may deem necessary’’ are
omitted as surplus. The words ‘‘When deciding whether
additional personnel are needed’’ are substituted for

‘‘In making the determination referred to in the preceding sentence’’ for clarity.
In subsection (c)(2)(A), before clause (i), the words
‘‘under this section’’ are omitted as surplus. The words
‘‘or an amendment in an existing program’’ are substituted for ‘‘and may approve an amendment to a security program of an airport operator approved by the
Administrator under subsection (b)’’ to eliminate unnecessary words. In clause (ii), the word ‘‘monetary’’ is
substituted for ‘‘financial’’ for consistency.
In subsection (e), the words ‘‘Notwithstanding any
other provisions of law’’, ‘‘the commission of’’, ‘‘considered’’, and ‘‘the moment when’’ before ‘‘such door’’ are
omitted as surplus. The words ‘‘to allow passengers to
leave’’ are substituted for ‘‘disembarkation’’, and the
words ‘‘the aircraft’’ are added, for clarity. The words
‘‘departments, agencies, and instrumentalities of the
Government’’ are substituted for ‘‘Federal departments
and agencies’’ for consistency in the revised title and
with other titles of the Code. The words ‘‘as may be
. . . the purposes of’’ are omitted as surplus.
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as
amended, which is set out in the Appendix to Title 5,
Government Organization and Employees.
The date of enactment of this subsection, referred to
in subsec. (h)(4)(A), is the date of enactment of Pub. L.
107–71, which was approved Nov. 19, 2001.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred
to in subsec. (h)(6)(A), is the date of enactment of Pub.
L. 110–53, which was approved Aug. 3, 2007.
The date of enactment of this paragraph, referred to
in subsec. (i)(3), is the date of enactment of Pub. L.
107–296, which was approved Nov. 25, 2002.
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (j)(1), is the
date of enactment of Pub. L. 107–71, which was approved
Nov. 19, 2001.
The date of enactment of this Act, referred to in subsec. (j)(1), probably means the date of enactment of
Pub. L. 107–71, which enacted subsec. (j), originally (i),
of this section and which was approved Nov. 19, 2001.
Section 607 of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (j)(2)(F), is section 607 of Pub. L. 108–176, which is set out as a note
below.
AMENDMENTS
2009—Subsec. (j)(2)(C)(v). Pub. L. 111–83 added cl. (v).
2007—Subsec. (h)(6). Pub. L. 110–53 amended par. (6)
generally. Prior to amendment, par. (6) related to establishment of a uniform law enforcement officer travel credential incorporating biometric identifier technology not later than 120 days after Dec. 17, 2004.
2004—Subsec. (h)(4)(E). Pub. L. 108–458, § 4011(a)(1),
substituted ‘‘shall issue, not later than March 31, 2005,
guidance for’’ for ‘‘may provide for’’.
Subsec. (h)(5) to (7). Pub. L. 108–458, § 4011(a)(2), added
pars. (5) to (7).
Subsec. (j)(2)(C) to (H). Pub. L. 108–458, § 4012(a)(1),
added subpars. (C) to (H).
2003—Subsec. (l). Pub. L. 108–176 added subsec. (l).
2002—Subsec. (h). Pub. L. 107–296, § 1406(3), redesignated subsec. (h), relating to limitation on liability for
acts to thwart criminal violence or aircraft piracy, as
(k).
Pub. L. 107–296, § 1406(2), redesignated subsec. (h), relating to authority to arm flight deck crews with lessthan-lethal weapons, as (i).
Subsec. (i). Pub. L. 107–296, § 1406(2), redesignated subsec. (h), relating to authority to arm flight deck crews
with less-than-lethal weapons, as (i). Former subsec. (i)
redesignated (j).
Subsec. (i)(1). Pub. L. 107–296, § 1405(b)(1), substituted
‘‘If the Under Secretary’’ for ‘‘If the Secretary’’ and
‘‘the Under Secretary may’’ for ‘‘the Secretary may’’.

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Subsec. (i)(2). Pub. L. 107–296, § 1405(b)(2), substituted
‘‘Under Secretary’’ for ‘‘Secretary’’ in two places in introductory provisions.
Subsec. (i)(3). Pub. L. 107–296, § 1405(a), added par. (3).
Subsec. (j). Pub. L. 107–296, § 1406(1), redesignated subsec. (i) as (j).
Subsec. (k). Pub. L. 107–296, § 1406(3), redesignated
subsec. (h), relating to limitation on liability for acts
to thwart criminal violence or aircraft piracy, as (k).
2001—Subsec. (a)(2). Pub. L. 107–71, § 101(f)(7), (9), substituted ‘‘Under Secretary of Transportation for Security’’ for ‘‘Administrator of the Federal Aviation Administration’’.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in two places
in introductory provisions.
Subsec. (c)(1), (2)(A), (B). Pub. L. 107–71, § 101(f)(7),
substituted ‘‘Under Secretary’’ for ‘‘Administrator’’
wherever appearing.
Subsec. (c)(2)(C). Pub. L. 107–71, § 120, amended heading and text of subpar. (C) generally, substituting provisions relating to maximum use of chemical and biological weapon detection equipment for provisions relating to a manual process at explosive detection locations for randomly selecting additional checked bags
for screening.
Subsec. (c)(3). Pub. L. 107–71, § 106(d), added par. (3).
Subsecs. (e), (f), (g)(1)(A), (B). Pub. L. 107–71,
§ 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ wherever appearing.
Subsec. (g)(2). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions.
Subsec. (g)(2)(A). Pub. L. 107–71, § 106(c)(1), substituted
‘‘weaknesses;’’ for ‘‘weaknesses by January 31, 2001;’’.
Subsec. (g)(2)(D). Pub. L. 107–71, § 106(c)(2), added subpar. (D) and struck out former subpar. (D) which read
as follows: ‘‘assess and test for compliance with access
control requirements, report findings, and assess penalties or take other appropriate enforcement actions
when noncompliance is found;’’.
Subsec. (g)(2)(C). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (g)(2)(E). Pub. L. 107–71, § 101(f)(8), substituted
‘‘Under Secretary’s’’ for ‘‘Administrator’s’’.
Subsec. (g)(2)(F). Pub. L. 107–71, §§ 101(f)(8), 106(c)(3),
substituted ‘‘Under Secretary’s’’ for ‘‘Administrator’s’’
and ‘‘program;’’ for ‘‘program by January 31, 2001;’’.
Subsec. (g)(2)(G). Pub. L. 107–71, § 106(c)(4), added subpar. (G) and struck out former subpar. (G) which read
as follows: ‘‘require airport operators and air carriers
to strengthen access control points in secured areas
(including air traffic control operations areas) to ensure the security of passengers and aircraft by January
31, 2001.’’
Subsec. (h). Pub. L. 107–71, § 144, which directed that
subsec. (h) relating to limitation on liability for acts to
thwart criminal violence or aircraft piracy be added at
end of section 44903, without specifying the Code title
to be amended, was executed by making the addition at
the end of this section, to reflect the probable intent of
Congress.
Pub. L. 107–71, § 126(b), added subsec. (h) relating to
authority to arm flight deck crews with less-than-lethal weapons.
Pub. L. 107–71, § 106(a), added subsec. (h) relating to
improved airport perimeter access security.
Subsec. (i). Pub. L. 107–71, § 136, added subsec. (i).
2000—Subsec. (c)(2)(C). Pub. L. 106–528, § 6, added subpar. (C).
Subsec. (f). Pub. L. 106–181 added subsec. (f).
Subsec. (g). Pub. L. 106–528, § 4, added subsec. (g).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

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an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENTS
Amendment by Pub. L. 106–528 effective 30 days after
Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as
a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED
PASSENGER PRESCREENING SYSTEM
Pub. L. 110–53, title XVI, § 1605, Aug. 3, 2007, 121 Stat.
481, provided that:
‘‘(a) IN GENERAL.—Not later than 120 days after the
date of enactment of this Act [Aug. 3, 2007], the Secretary of Homeland Security, in consultation with the
Administrator of the Transportation Security Administration, shall submit to the Committee on Homeland
Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Homeland Security and
Governmental Affairs of the Senate a plan that—
‘‘(1) describes the system to be utilized by the Department of Homeland Security to assume the performance of comparing passenger information, as defined by the Administrator, to the automatic selectee
and no-fly lists, utilizing appropriate records in the
consolidated and integrated terrorist watchlist maintained by the Federal Government;
‘‘(2) provides a projected timeline for each phase of
testing and implementation of the system;
‘‘(3) explains how the system will be integrated
with the prescreening system for passengers on international flights; and
‘‘(4) describes how the system complies with section
552a of title 5, United States Code.
‘‘(b) GAO ASSESSMENT.—Not later than 180 days after
the date of enactment of this Act, the Comptroller General shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Homeland Security of the House of
Representatives that—
‘‘(1) describes the progress made by the Transportation Security Administration in implementing the
secure flight passenger pre-screening program;
‘‘(2) describes the effectiveness of the current appeals process for passengers wrongly assigned to the
no-fly and terrorist watch lists;
‘‘(3) describes the Transportation Security Administration’s plan to protect private passenger information and progress made in integrating the system
with the pre-screening program for international
flights operated by United States Customs and Border Protection;
‘‘(4) provides a realistic determination of when the
system will be completed; and
‘‘(5) includes any other relevant observations or
recommendations the Comptroller General deems appropriate.’’

EFFECTIVE DATE OF 2002 AMENDMENT

PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT
AIRPORT EXIT LANES

Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as

Pub. L. 110–53, title XVI, § 1613, Aug. 3, 2007, 121 Stat.
485, provided that:

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‘‘(a) IN GENERAL.—The Administrator of the Transportation Security Administration shall conduct a
pilot program at not more than 2 airports to identify
technologies to improve security at airport exit lanes.
‘‘(b) PROGRAM COMPONENTS.—In conducting the pilot
program under this section, the Administrator shall—
‘‘(1) utilize different technologies that protect the
integrity of the airport exit lanes from unauthorized
entry;
‘‘(2) work with airport officials to deploy such technologies in multiple configurations at a selected airport or airports at which some of the exits are not colocated with a screening checkpoint; and
‘‘(3) ensure the level of security is at or above the
level of existing security at the airport or airports
where the pilot program is conducted.
‘‘(c) REPORTS.—
‘‘(1) INITIAL BRIEFING.—Not later than 180 days after
the date of enactment of this Act [Aug. 3, 2007], the
Administrator shall conduct a briefing to the congressional committees set forth in paragraph (3) that
describes—
‘‘(A) the airport or airports selected to participate in the pilot program;
‘‘(B) the technologies to be tested;
‘‘(C) the potential savings from implementing the
technologies at selected airport exits;
‘‘(D) the types of configurations expected to be
deployed at such airports; and
‘‘(E) the expected financial contribution from
each airport.
‘‘(2) FINAL REPORT.—Not later than 18 months after
the technologies are deployed at the airports participating in the pilot program, the Administrator shall
submit a final report to the congressional committees set forth in paragraph (3) that describes—
‘‘(A) the changes in security procedures and technologies deployed;
‘‘(B) the estimated cost savings at the airport or
airports that participated in the pilot program; and
‘‘(C) the efficacy and staffing benefits of the pilot
program and its applicability to other airports in
the United States.
‘‘(3) CONGRESSIONAL COMMITTEES.—The reports required under this subsection shall be submitted to—
‘‘(A) the Committee on Commerce, Science, and
Transportation of the Senate;
‘‘(B) the Committee on Appropriations of the Senate;
‘‘(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
‘‘(D) the Committee on Homeland Security of the
House of Representatives; and
‘‘(E) the Committee on Appropriations of the
House of Representatives.
‘‘(d) USE OF EXISTING FUNDS.—This section shall be
executed using existing funds.’’
SECURITY CREDENTIALS FOR AIRLINE CREWS
Pub. L. 110–53, title XVI, § 1614, Aug. 3, 2007, 121 Stat.
486, provided that:
‘‘(a) REPORT.—Not later than 180 days after the date
of enactment of this Act [Aug. 3, 2007], the Administrator of the Transportation Security Administration,
after consultation with airline, airport, and flight crew
representatives, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate,
the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the
Committee on Transportation and Infrastructure of the
House of Representatives a report on the status of the
Administration’s efforts to institute a sterile area access system or method that will enhance security by
properly identifying authorized airline flight deck and
cabin crew members at screening checkpoints and
granting them expedited access through screening
checkpoints. The Administrator shall include in the report recommendations on the feasibility of implementing the system for the domestic aviation industry be-

ginning 1 year after the date on which the report is submitted.
‘‘(b) BEGINNING IMPLEMENTATION.—The Administrator
shall begin implementation of the system or method
referred to in subsection (a) not later than 1 year after
the date on which the Administrator submits the report under subsection (a).’’
CAPPS2
Pub. L. 108–176, title VI, § 607, Dec. 12, 2003, 117 Stat.
2568, provided that:
‘‘(a) IN GENERAL.—The Under Secretary for Border
and Transportation Security of the Department of
Homeland Security shall not implement, on other than
a test basis, the computer assisted passenger prescreening system (commonly known as and in this section referred to as ‘CAPPS2’) until the Under Secretary
provides to Congress a certification that—
‘‘(1) a procedure is established enabling airline passengers, who are delayed or prohibited from boarding
a flight because CAPPS2 determined that they might
pose a security threat, to appeal such determination
and correct information contained in CAPPS2;
‘‘(2) the error rate of the Government and private
data bases that will be used to both establish identity
and assign a risk level to a passenger under CAPPS2
will not produce a large number of false positives
that will result in a significant number of passengers
being mistaken as a security threat;
‘‘(3) the Under Secretary has demonstrated the efficacy and accuracy of all search tools in CAPPS2 and
has demonstrated that CAPPS2 can make an accurate predictive assessment of those passengers who
would constitute a security threat;
‘‘(4) the Secretary of Homeland Security has established an internal oversight board to oversee and
monitor the manner in which CAPPS2 is being implemented;
‘‘(5) the Under Secretary has built in sufficient
operational safeguards to reduce the opportunities
for abuse;
‘‘(6) substantial security measures are in place to
protect CAPPS2 from unauthorized access by hackers
or other intruders;
‘‘(7) the Under Secretary has adopted policies establishing effective oversight of the use and operation of
the system; and
‘‘(8) there are no specific privacy concerns with the
technological architecture of the system.
‘‘(b) GAO REPORT.—Not later than 90 days after the
date on which certification is provided under subsection (a), the Comptroller General shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science
and Transportation of the Senate that assesses the impact of CAPPS2 on the issues listed in subsection (a)
and on privacy and civil liberties. The report shall include any recommendations for practices, procedures,
regulations, or legislation to eliminate or minimize adverse effect of CAPPS2 on privacy, discrimination, and
other civil liberties.’’
REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN
SCREENING AND RELATED ACTIVITIES
Pub. L. 108–176, title VIII, § 821, Dec. 12, 2003, 117 Stat.
2594, provided that: ‘‘The Secretary of Homeland Security, subject to the availability of funds (other than
amounts in the Aviation Trust Fund) provided for this
purpose, shall reimburse air carriers and airports for—
‘‘(1) the screening of catering supplies; and
‘‘(2) checking documents at security checkpoints.’’
IMPROVED FLIGHT DECK INTEGRITY MEASURES
Pub. L. 107–71, title I, § 104, Nov. 19, 2001, 115 Stat. 605,
provided that:
‘‘(a) IN GENERAL.—As soon as possible after the date
of enactment of this Act [Nov. 19, 2001], the Administrator of the Federal Aviation Administration shall—

§ 44903

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‘‘(1) issue an order (without regard to the provisions
of chapter 5 of title 5, United States Code)—
‘‘(A) prohibiting access to the flight deck of aircraft engaged in passenger air transportation or
intrastate air transportation that are required to
have a door between the passenger and pilot compartments under title 14, Code of Federal Regulations, except to authorized persons;
‘‘(B) requiring the strengthening of the flight
deck door and locks on any such aircraft operating
in air transportation or intrastate air transportation that has a rigid door in a bulkhead between
the flight deck and the passenger area to ensure
that the door cannot be forced open from the passenger compartment;
‘‘(C) requiring that such flight deck doors remain
locked while any such aircraft is in flight except
when necessary to permit access and egress by authorized persons; and
‘‘(D) prohibiting the possession of a key to any
such flight deck door by any member of the flight
crew who is not assigned to the flight deck; and
‘‘(2) take such other action, including modification
of safety and security procedures and flight deck redesign, as may be necessary to ensure the safety and
security of the aircraft.
‘‘(b) IMPLEMENTATION OF OTHER METHODS.—As soon as
possible after such date of enactment [Nov. 19, 2001],
the Administrator of the Federal Aviation Administration may develop and implement methods—
‘‘(1) to use video monitors or other devices to alert
pilots in the flight deck to activity in the cabin, except that the use of such monitors or devices shall be
subject to nondisclosure requirements applicable to
cockpit video recordings under section 1114(c) [of title
49];
‘‘(2) to ensure continuous operation of an aircraft
transponder in the event of an emergency; and
‘‘(3) to revise the procedures by which cabin crews
of aircraft can notify flight deck crews of security
breaches and other emergencies, including providing
for the installation of switches or other devices or
methods in an aircraft cabin to enable flight crews to
discreetly notify the pilots in the case of a security
breach occurring in the cabin.
‘‘(c) COMMUTER AIRCRAFT.—The Administrator shall
investigate means of securing the flight deck of scheduled passenger aircraft operating in air transportation
or intrastate air transportation that do not have a
rigid fixed door with a lock between the passenger compartment and the flight deck and issue such an order as
the Administrator deems appropriate to ensure the inaccessibility, to the greatest extent feasible, of the
flight deck while the aircraft is so operating, taking
into consideration such aircraft operating in regions
where there is minimal threat to aviation security or
national security.’’
SMALL AND MEDIUM AIRPORTS
Pub. L. 107–71, title I, § 106(b), Nov. 19, 2001, 115 Stat.
609, provided that:
‘‘(1) TECHNICAL SUPPORT AND FINANCIAL ASSISTANCE.—
The Under Secretary of Transportation for Security
shall develop a plan to—
‘‘(A) provide technical support to airports, each of
which had less than 1 percent of the total annual enplanements in the United States for the most recent
calendar year for which data is available, to enhance
security operations; and
‘‘(B) provide financial assistance to those airports
to defray the costs of enhancing security.
‘‘(2) REMOVAL OF CERTAIN RESTRICTIONS.—
‘‘(A) CERTIFICATION BY OPERATOR.—If the operator
of an airport described in paragraph (1), after consultation with the appropriate State and local law
enforcement authorities, determines that safeguards
are in place to sufficiently protect public safety, and
so certifies in writing to the Under Secretary, then
any security rule, order, or other directive restricting
the parking of passenger vehicles shall not apply at

Page 934

that airport after the applicable time period specified
in subparagraph (B), unless the Under Secretary, taking into account individual airport circumstances,
notifies the airport operator that the safeguards in
place do not adequately respond to specific security
risks and that the restriction must be continued in
order to ensure public safety.
‘‘(B) COUNTERMAND PERIOD.—The time period within
which the Secretary may notify an airport operator,
after receiving a certification under subparagraph
(A), that a restriction must be continued in order to
ensure public safety at the airport is—
‘‘(i) 15 days for a nonhub airport (as defined in
section 41714(h) of title 49, United States Code);
‘‘(ii) 30 days for a small hub airport (as defined in
such section);
‘‘(iii) 60 days for a medium hub airport (as defined
in such section); and
‘‘(iv) 120 days for an airport that had at least 1
percent of the total annual enplanements in the
United States for the most recent calendar year for
which data is available.’’
AIRPORT SECURITY AWARENESS PROGRAMS
Pub. L. 107–71, title I, § 106(e), Nov. 19, 2001, 115 Stat.
610, provided that: ‘‘The Under Secretary of Transportation for Security shall require scheduled passenger
air carriers, and airports in the United States described
in section 44903(c) [of title 49] to develop security
awareness programs for airport employees, ground
crews, gate, ticket, and curbside agents of the air carriers, and other individuals employed at such airports.’’
AIRLINE COMPUTER RESERVATION SYSTEMS
Pub. L. 107–71, title I, § 117, Nov. 19, 2001, 115 Stat. 624,
provided that: ‘‘In order to ensure that all airline computer reservation systems maintained by United States
air carriers are secure from unauthorized access by persons seeking information on reservations, passenger
manifests, or other nonpublic information, the Secretary of Transportation shall require all such air carriers to utilize to the maximum extent practicable the
best technology available to secure their computer reservation system against such unauthorized access.’’
AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF
AIRPORTS FOR SECURITY MANDATES
Pub. L. 107–71, title I, § 121, Nov. 19, 2001, 115 Stat. 630,
provided that:
‘‘(a) AIRPORT SECURITY.—There is authorized to be appropriated to the Secretary of Transportation for fiscal
years 2002 and 2003 a total of $1,500,000,000 to reimburse
airport operators, on-airport parking lots, and vendors
of on-airfield direct services to air carriers for direct
costs incurred by such operators to comply with new,
additional, or revised security requirements imposed
on such operators by the Federal Aviation Administration or Transportation Security Administration on or
after September 11, 2001. Such sums shall remain available until expended.
‘‘(b) DOCUMENTATION OF COSTS; AUDIT.—The Secretary
may not reimburse an airport operator, on-airport
parking lot, or vendor of on-airfield direct services to
air carriers under this section for any cost for which
the airport operator, on-airport parking lot, or vendor
of on-airfield direct services does not demonstrate to
the satisfaction of the Secretary, using sworn financial
statements or other appropriate data, that—
‘‘(1) the cost is eligible for reimbursement under
subsection (a); and
‘‘(2) the cost was incurred by the airport operator,
on-airport parking lot, or vendor of on-airfield direct
services to air carriers.
The Inspector General of the Department of Transportation and the Comptroller General of the United
States may audit such statements and may request any
other information necessary to conduct such an audit.
‘‘(c) CLAIM PROCEDURE.—Within 30 days after the date
of enactment of this Act [Nov. 19, 2001], the Secretary,

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after consultation with airport operators, on-airport
parking lots, and vendors of on-airfield direct services
to air carriers, shall publish in the Federal Register the
procedures for filing claims for reimbursement under
this section of eligible costs incurred by airport operators.’’
FLIGHT DECK SECURITY
Pub. L. 107–71, title I, § 128, Nov. 19, 2001, 115 Stat. 633,
which authorized the pilot of a passenger aircraft to
carry a firearm into the cockpit if approved by the
Under Secretary of Transportation for Security and the
air carrier, if the firearm is approved by the Under Secretary, and if the pilot has received proper training,
was repealed by Pub. L. 107–296, title XIV, § 1402(b)(2),
Nov. 25, 2002, 116 Stat. 2305.
CHARTER AIR CARRIERS
Pub. L. 107–71, title I, § 132(a), Nov. 19, 2001, 115 Stat.
635, which provided that within 90 days after Nov. 19,
2001, the Under Secretary of Transportation for Security was to implement an aviation security program for
charter air carriers with a maximum certificated takeoff weight of 12,500 pounds or more, was repealed by
Pub. L. 108–176, title VI, § 606(b), Dec. 12, 2003, 117 Stat.
2568.
PHYSICAL SECURITY FOR ATC FACILITIES
Pub. L. 106–528, § 5, Nov. 22, 2000, 114 Stat. 2521, provided that:
‘‘(a) IN GENERAL.—In order to ensure physical security at Federal Aviation Administration staffed facilities that house air traffic control systems, the Administrator of the Federal Aviation Administration shall
act immediately to—
‘‘(1) correct physical security weaknesses at air
traffic control facilities so the facilities can be granted physical security accreditation not later than
April 30, 2004; and
‘‘(2) ensure that follow-up inspections are conducted, deficiencies are promptly corrected, and accreditation is kept current for all air traffic control
facilities.
‘‘(b) REPORTS.—Not later than April 30, 2001, and annually thereafter through April 30, 2004, the Administrator shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report on the progress being
made in improving the physical security of air traffic
control facilities, including the percentage of such facilities that have been granted physical security accreditation.’’
DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT
OFFICERS
Pub. L. 106–181, title V, § 512, Apr. 5, 2000, 114 Stat. 142,
provided that:
‘‘(a) DEFINITIONS.—In this section, the following definitions apply:
‘‘(1) AIRCRAFT.—The term ‘aircraft’ has the meaning given that term in section 40102 of title 49, United
States Code.
‘‘(2) AIR TRANSPORTATION.—The term ‘air transportation’ has the meaning given that term in such section.
‘‘(3) PROGRAM.—The term ‘program’ means the program established under subsection (b)(1)(A).
‘‘(b) ESTABLISHMENT OF A PROGRAM TO DEPUTIZE
LOCAL LAW ENFORCEMENT OFFICERS.—
‘‘(1) IN GENERAL.—The Attorney General may—
‘‘(A) establish a program under which the Attorney General may deputize State and local law enforcement officers having jurisdiction over airports
and airport authorities as Deputy United States
Marshals for the limited purpose of enforcing Federal laws that regulate security on board aircraft,
including laws relating to violent, abusive, or disruptive behavior by passengers in air transportation; and

§ 44903

‘‘(B) encourage the participation of law enforcement officers of State and local governments in the
program.
‘‘(2) CONSULTATION.—In establishing the program,
the Attorney General shall consult with appropriate
officials of—
‘‘(A) the United States Government (including
the Administrator [of the Federal Aviation Administration] or a designated representative of the Administrator); and
‘‘(B) State and local governments in any geographic area in which the program may operate.
‘‘(3) TRAINING AND BACKGROUND OF LAW ENFORCEMENT OFFICERS.—
‘‘(A) IN GENERAL.—Under the program, to qualify
to serve as a Deputy United States Marshal under
the program, a State or local law enforcement officer shall—
‘‘(i) meet the minimum background and training requirements for a law enforcement officer
under part 107 of title 14, Code of Federal Regulations (or equivalent requirements established by
the Attorney General); and
‘‘(ii) receive approval to participate in the program from the State or local law enforcement
agency that is the employer of that law enforcement officer.
‘‘(B) TRAINING NOT FEDERAL RESPONSIBILITY.—The
United States Government shall not be responsible
for providing to a State or local law enforcement
officer the training required to meet the training
requirements under subparagraph (A)(i). Nothing in
this subsection may be construed to grant any such
law enforcement officer the right to attend any institution of the United States Government established to provide training to law enforcement officers of the United States Government.
‘‘(c) POWERS AND STATUS OF DEPUTIZED LAW ENFORCEMENT OFFICERS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a State
or local law enforcement officer that is deputized as
a Deputy United States Marshal under the program
may arrest and apprehend an individual suspected of
violating any Federal law described in subsection
(b)(1)(A), including any individual who violates a provision subject to a civil penalty under section 46301 of
title 49, United States Code, or section 46302, 46303,
46318, 46504, 46505, or 46507 of that title, or who commits an act described in section 46506 of that title.
‘‘(2) LIMITATION.—The powers granted to a State or
local law enforcement officer deputized under the
program shall be limited to enforcing Federal laws
relating to security on board aircraft in flight.
‘‘(3) STATUS.—A State or local law enforcement officer that is deputized as a Deputy United States Marshal under the program shall not—
‘‘(A) be considered to be an employee of the
United States Government; or
‘‘(B) receive compensation from the United States
Government by reason of service as a Deputy
United States Marshal under the program.
‘‘(d) STATUTORY CONSTRUCTION.—Nothing in this section may be construed to—
‘‘(1) grant a State or local law enforcement officer
that is deputized under the program the power to enforce any Federal law that is not described in subsection (c); or
‘‘(2) limit the authority that a State or local law
enforcement officer may otherwise exercise in the officer’s capacity under any other applicable State or
Federal law.
‘‘(e) REGULATIONS.—The Attorney General may promulgate such regulations as may be necessary to carry
out this section.
‘‘(f) NOTIFICATION OF CONGRESS.—Not later than 90
days after the date of the enactment of this Act [Apr.
5, 2000], the Attorney General shall notify the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on whether

§ 44904

TITLE 49—TRANSPORTATION

or not the Attorney General intends to establish the
program authorized by this section.’’
DEVELOPMENT OF AVIATION SECURITY LIAISON
AGREEMENT
Pub. L. 104–264, title III, § 309, Oct. 9, 1996, 110 Stat.
3253, provided that: ‘‘The Secretary of Transportation
and the Attorney General, acting through the Administrator of the Federal Aviation Administration and the
Director of the Federal Bureau of Investigation, shall
enter into an interagency agreement providing for the
establishment of an aviation security liaison at existing appropriate Federal agencies’ field offices in or
near cities served by a designated high-risk airport.’’
DEFINITIONS OF TERMS IN PUB. L. 107–71
For definitions of terms used in sections 104, 106(b),
(e), 117, 121, 128, and 132(a) of Pub. L. 107–71, set out
above, see section 133 of Pub. L. 107–71, set out as a note
under section 40102 of this title.

§ 44904. Domestic air transportation system security
(a) ASSESSING THREATS.—The Under Secretary
of Transportation for Security and the Director
of the Federal Bureau of Investigation jointly
shall assess current and potential threats to the
domestic air transportation system. The assessment shall include consideration of the extent
to which there are individuals with the capability and intent to carry out terrorist or related
unlawful acts against that system and the ways
in which those individuals might carry out
those acts. The Under Secretary and the Director jointly shall decide on and carry out the
most effective method for continuous analysis
and monitoring of security threats to that system.
(b) ASSESSING SECURITY.—In coordination with
the Director, the Under Secretary shall carry
out periodic threat and vulnerability assessments on security at each airport that is part of
the domestic air transportation system. Each
assessment shall include consideration of—
(1) the adequacy of security procedures related to the handling and transportation of
checked baggage and cargo;
(2) space requirements for security personnel
and equipment;
(3) separation of screened and unscreened
passengers, baggage, and cargo;
(4) separation of the controlled and uncontrolled areas of airport facilities; and
(5) coordination of the activities of security
personnel of the Transportation Security Administration, the United States Customs Service, the Immigration and Naturalization Service, and air carriers, and of other law enforcement personnel.
(c) MODAL SECURITY PLAN FOR AVIATION.—In
addition to the requirements set forth in subparagraphs (B) through (F) of section 114(t)(3),1
the modal security plan for aviation prepared
under section 114(t) 1 shall—
(1) establish a damage mitigation and recovery plan for the aviation system in the event
of a terrorist attack; and
(2) include a threat matrix document that
outlines each threat to the United States civil
aviation system and the corresponding layers
of security in place to address such threat.
1 See

References in Text note below.

Page 936

(d) OPERATIONAL CRITERIA.—Not later than 90
days after the date of the submission of the National Strategy for Transportation Security
under section 114(t)(4)(A),1 the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall issue operational
criteria to protect airport infrastructure and operations against the threats identified in the
plans prepared under section 114(t)(1) 1 and shall
approve best practices guidelines for airport assets.
(e) IMPROVING SECURITY.—The Under Secretary
shall take necessary actions to improve domestic air transportation security by correcting any
deficiencies in that security discovered in the
assessments, analyses, and monitoring carried
out under this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1207;
Pub. L. 107–71, title I, § 101(f)(1), (7), (9), Nov. 19,
2001, 115 Stat. 603; Pub. L. 108–458, title IV,
§ 4001(b), Dec. 17, 2004, 118 Stat. 3712.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44904(a) ......

49 App.:1357 (note).

44904(b) ......

49 App.:1357 (note).

44904(c) ......

49 App.:1357 (note).

Source (Statutes at Large)
Nov. 16, 1990, Pub. L. 101–604,
§ 106(a), (b), 104 Stat. 3075.
Nov. 16, 1990, Pub. L. 101–604,
§ 106(c), 104 Stat. 3075.
Nov. 16, 1990, Pub. L. 101–604,
§ 106(e), 104 Stat. 3075.

In subsection (a), the words ‘‘domestic air transportation system’’ are substituted for ‘‘domestic aviation
system’’ for consistency in this section.
In subsection (b), before clause (1), the word ‘‘Director’’ is substituted for ‘‘Federal Bureau of Investigation’’ because of 28:532. In clauses (1) and (3), the word
‘‘mail’’ is omitted as being included in ‘‘cargo’’.
In subsection (c), the word ‘‘correcting’’ is substituted for ‘‘remedying’’ for clarity.
REFERENCES IN TEXT
Section 114(t), referred to in subsecs. (c) and (d), was
redesignated section 114(s) by Pub. L. 110–161, div. E,
title V, § 568(a), Dec. 26, 2007, 121 Stat. 2092.
AMENDMENTS
2004—Subsecs. (c) to (e). Pub. L. 108–458 added subsecs.
(c) and (d) and redesignated former subsec. (c) as (e).
2001—Subsec. (a). Pub. L. 107–71, § 101(f)(7), (9), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ in two
places and ‘‘of Transportation for Security’’ for ‘‘of the
Federal Aviation Administration’’.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions.
Subsec. (b)(5). Pub. L. 107–71, § 101(f)(1), substituted
‘‘the Transportation Security Administration’’ for ‘‘the
Administration’’.
Subsec. (c). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the

Page 937

§ 44905

TITLE 49—TRANSPORTATION

Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of Title
8, Aliens and Nationality.
REGULAR JOINT THREAT ASSESSMENTS
Pub. L. 104–264, title III, § 310, Oct. 9, 1996, 110 Stat.
3253, provided that: ‘‘The Administrator of the Federal
Aviation Administration and the Director of the Federal Bureau of Investigation shall carry out joint
threat and vulnerability assessments on security every
3 years, or more frequently, as necessary, at each airport determined to be high risk.’’

§ 44905. Information about threats to civil aviation
(a) PROVIDING INFORMATION.—Under guidelines
the Secretary of Transportation prescribes, an
air carrier, airport operator, ticket agent, or individual employed by an air carrier, airport operator, or ticket agent, receiving information
(except a communication directed by the United
States Government) about a threat to civil aviation shall provide the information promptly to
the Secretary.
(b) FLIGHT CANCELLATION.—If a decision is
made that a particular threat cannot be addressed in a way adequate to ensure, to the extent feasible, the safety of passengers and crew
of a particular flight or series of flights, the
Under Secretary of Transportation for Security
shall cancel the flight or series of flights.
(c) GUIDELINES ON PUBLIC NOTICE.—(1) The
President shall develop guidelines for ensuring
that public notice is provided in appropriate
cases about threats to civil aviation. The guidelines shall identify officials responsible for—
(A) deciding, on a case-by-case basis, if public notice of a threat is in the best interest of
the United States and the traveling public;
(B) ensuring that public notice is provided in
a timely and effective way, including the use
of a toll-free telephone number; and
(C) canceling the departure of a flight or series of flights under subsection (b) of this section.
(2) The guidelines shall provide for consideration of—
(A) the specificity of the threat;
(B) the credibility of intelligence information related to the threat;
(C) the ability to counter the threat effectively;
(D) the protection of intelligence information sources and methods;
(E) cancellation, by an air carrier or the
Under Secretary, of a flight or series of flights
instead of public notice;
(F) the ability of passengers and crew to
take steps to reduce the risk to their safety
after receiving public notice of a threat; and

(G) other factors the Under Secretary considers appropriate.
(d) GUIDELINES ON NOTICE TO CREWS.—The
Under Secretary shall develop guidelines for ensuring that notice in appropriate cases of
threats to the security of an air carrier flight is
provided to the flight crew and cabin crew of
that flight.
(e) LIMITATION ON NOTICE TO SELECTIVE TRAVELERS.—Notice of a threat to civil aviation may
be provided to selective potential travelers only
if the threat applies only to those travelers.
(f) RESTRICTING ACCESS TO INFORMATION.—In
cooperation with the departments, agencies, and
instrumentalities of the Government that collect, receive, and analyze intelligence information related to aviation security, the Under Secretary shall develop procedures to minimize the
number of individuals who have access to information about threats. However, a restriction on
access to that information may be imposed only
if the restriction does not diminish the ability
of the Government to carry out its duties and
powers related to aviation security effectively,
including providing notice to the public and
flight and cabin crews under this section.
(g) DISTRIBUTION OF GUIDELINES.—The guidelines developed under this section shall be distributed for use by appropriate officials of the
Department of Transportation, the Department
of State, the Department of Justice, and air carriers.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1207;
Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001,
115 Stat. 603.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44905(a) ......

49 App.:1358d(a).

44905(b) ......
44905(c)(1) ..

49 App.:1358d(b).
49 App.:1358d(c)(1),
(d).
49 App.:1358d(e).
49 App.:1358d(c)(2).
49 App.:1358d(f).
49 App.:1358d(h).
49 App.:1358d(g).

44905(c)(2) ..
44905(d) ......
44905(e) ......
44905(f) .......
44905(g) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 321; added
Nov. 16, 1990, Pub. L.
101–604, § 109(a), 104 Stat.
3078.

In subsection (a), the words ‘‘employed by an air carrier, airport operator, or ticket agent’’ are substituted
for ‘‘employed by such an entity’’ for clarity. The
words ‘‘or a designee of the Secretary’’ are omitted as
unnecessary.
In subsections (c)(1), before clause (A), and (d), the
words ‘‘Not later than 180 days after November 16, 1990’’
are omitted as obsolete.
In subsection (c)(1)(B), the words ‘‘when considered
appropriate’’ are omitted as unnecessary because of the
restatement.
In subsection (e), the words ‘‘selective potential travelers’’ are substituted for ‘‘only selective potential
travelers’’ to eliminate an unnecessary word.
In subsection (f), the words ‘‘departments, agencies,
and instrumentalities of the Government’’ are substituted for ‘‘agencies’’ for clarity and consistency in
the revised title and with other titles of the United
States Code. The words ‘‘However, a restriction on access to that information may be imposed only if the restriction does not diminish’’ are substituted for ‘‘Any
restriction adopted pursuant to this subsection shall
not diminish’’ for clarity.

§ 44906

TITLE 49—TRANSPORTATION
AMENDMENTS

2001—Subsec. (b). Pub. L. 107–71, § 101(f)(7), (9), substituted ‘‘Under Secretary of Transportation for Security’’ for ‘‘Administrator of the Federal Aviation Administration’’.
Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 107–71,
§ 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44906. Foreign air carrier security programs
The Under Secretary of Transportation for Security shall continue in effect the requirement
of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt
and use a security program approved by the
Under Secretary. The Under Secretary shall not
approve a security program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the
foreign air carrier in its operations to and from
airports in the United States to adhere to the
identical security measures that the Under Secretary requires air carriers serving the same airports to adhere to. The foregoing requirement
shall not be interpreted to limit the ability of
the Under Secretary to impose additional security measures on a foreign air carrier or an air
carrier when the Under Secretary determines
that a specific threat warrants such additional
measures. The Under Secretary shall prescribe
regulations to carry out this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1208;
Pub. L. 104–132, title III, § 322, Apr. 24, 1996, 110
Stat. 1254; Pub. L. 107–71, title I, § 101(f)(7), (9),
Nov. 19, 2001, 115 Stat. 603.)
HISTORICAL AND REVISION NOTES
Revised
Section
44906(a)(1) ..

Source (U.S. Code)
49 App.:1357(k)
(1)–(3).

49 App.:1357 (note).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(k)(1)–(3);
added Nov. 16, 1990, Pub.
L. 101–604, § 105(a), 104
Stat. 3074.
Nov. 16, 1990, Pub. L. 101–604,
§ 105(c), 104 Stat. 3075.

The text of 49 App.:1357(k)(3) and the words ‘‘Not later
than 180 days after the date of enactment of this Act’’
in section 105(c) of the Aviation Security Improvement
Act of 1990 (Public Law 101–604, 104 Stat. 3075) are omitted as obsolete.
AMENDMENTS
2001—Pub. L. 107–71 substituted ‘‘Under Secretary’’
for ‘‘Administrator’’ wherever appearing and ‘‘of Transportation for Security’’ for ‘‘of the Federal Aviation
Administration’’.
1996—Pub. L. 104–132 reenacted section catchline
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘The Administrator
of the Federal Aviation Administration shall continue

Page 938

in effect the requirement of section 129.25 of title 14,
Code of Federal Regulations, that a foreign air carrier
must adopt and use a security program approved by the
Administrator. The Administrator may approve a security program of a foreign air carrier under section
129.25 only if the Administrator decides the security
program provides passengers of the foreign air carrier
a level of protection similar to the level those passengers would receive under the security programs of
air carriers serving the same airport. The Administrator shall require a foreign air carrier to use procedures equivalent to those required of air carriers serving the same airport if the Administrator decides that
the procedures are necessary to provide a level of protection similar to that provided passengers of the air
carriers serving the same airport. The Administrator
shall prescribe regulations to carry out this section.’’
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44907. Security standards at foreign airports
(a) ASSESSMENT.—(1) At intervals the Secretary of Transportation considers necessary,
the Secretary shall assess the effectiveness of
the security measures maintained at—
(A) a foreign airport—
(i) served by an air carrier;
(ii) from which a foreign air carrier serves
the United States; or
(iii) that poses a high risk of introducing
danger to international air travel; and
(B) other foreign airports the Secretary considers appropriate.
(2) The Secretary of Transportation shall conduct an assessment under paragraph (1) of this
subsection—
(A) in consultation with appropriate aeronautic authorities of the government of a foreign country concerned and each air carrier
serving the foreign airport for which the Secretary is conducting the assessment;
(B) to establish the extent to which a foreign
airport effectively maintains and carries out
security measures; and
(C) by using a standard that will result in an
analysis of the security measures at the airport based at least on the standards and appropriate recommended practices contained in
Annex 17 to the Convention on International
Civil Aviation in effect on the date of the assessment.
(3) Each report to Congress required under section 44938(b) of this title shall contain a summary of the assessments conducted under this
subsection.
(b) CONSULTATION.—In carrying out subsection
(a) of this section, the Secretary of Transportation shall consult with the Secretary of
State—
(1) on the terrorist threat that exists in each
country; and

Page 939

§ 44907

TITLE 49—TRANSPORTATION

(2) to establish which foreign airports are
not under the de facto control of the government of the foreign country in which they are
located and pose a high risk of introducing
danger to international air travel.
(c) NOTIFYING FOREIGN AUTHORITIES.—When
the Secretary of Transportation, after conducting an assessment under subsection (a) of this
section, decides that an airport does not maintain and carry out effective security measures,
the Secretary of Transportation, after advising
the Secretary of State, shall notify the appropriate authorities of the government of the foreign country of the decision and recommend the
steps necessary to bring the security measures
in use at the airport up to the standard used by
the Secretary of Transportation in making the
assessment.
(d) ACTIONS WHEN AIRPORTS NOT MAINTAINING
AND CARRYING OUT EFFECTIVE SECURITY MEASURES.—(1) When the Secretary of Transportation
decides under this section that an airport does
not maintain and carry out effective security
measures—
(A) the Secretary of Transportation shall—
(i) publish the identity of the airport in
the Federal Register;
(ii) have the identity of the airport posted
and displayed prominently at all United
States airports at which scheduled air carrier operations are provided regularly; and
(iii) notify the news media of the identity
of the airport;
(B) each air carrier and foreign air carrier
providing transportation between the United
States and the airport shall provide written
notice of the decision, on or with the ticket,
to each passenger buying a ticket for transportation between the United States and the
airport;
(C) notwithstanding section 40105(b) of this
title, the Secretary of Transportation, after
consulting with the appropriate aeronautic
authorities of the foreign country concerned
and each air carrier serving the airport and
with the approval of the Secretary of State,
may withhold, revoke, or prescribe conditions
on the operating authority of an air carrier or
foreign air carrier that uses that airport to
provide foreign air transportation; and
(D) the President may prohibit an air carrier
or foreign air carrier from providing transportation between the United States and any
other foreign airport that is served by aircraft
flying to or from the airport with respect to
which a decision is made under this section.
(2)(A) Paragraph (1) of this subsection becomes
effective—
(i) 90 days after the government of a foreign
country is notified under subsection (c) of this
section if the Secretary of Transportation
finds that the government has not brought the
security measures at the airport up to the
standard the Secretary used in making an assessment under subsection (a) of this section;
or
(ii) immediately on the decision of the Secretary of Transportation under subsection (c)
of this section if the Secretary of Transportation decides, after consulting with the Sec-

retary of State, that a condition exists that
threatens the safety or security of passengers,
aircraft, or crew traveling to or from the airport.
(B) The Secretary of Transportation immediately shall notify the Secretary of State of a
decision under subparagraph (A)(ii) of this paragraph so that the Secretary of State may issue
a travel advisory required under section 44908(a)
of this title.
(3) The Secretary of Transportation promptly
shall submit to Congress a report (and classified
annex if necessary) on action taken under paragraph (1) or (2) of this subsection, including information on attempts made to obtain the cooperation of the government of a foreign country in meeting the standard the Secretary used
in assessing the airport under subsection (a) of
this section.
(4) An action required under paragraph (1)(A)
and (B) of this subsection is no longer required
only if the Secretary of Transportation, in consultation with the Secretary of State, decides
that effective security measures are maintained
and carried out at the airport. The Secretary of
Transportation shall notify Congress when the
action is no longer required to be taken.
(e) SUSPENSIONS.—Notwithstanding sections
40105(b) and 40106(b) of this title, the Secretary
of Transportation, with the approval of the Secretary of State and without notice or a hearing,
shall suspend the right of an air carrier or foreign air carrier to provide foreign air transportation, and the right of a person to operate aircraft in foreign air commerce, to or from a foreign airport when the Secretary of Transportation decides that—
(1) a condition exists that threatens the safety or security of passengers, aircraft, or crew
traveling to or from that airport; and
(2) the public interest requires an immediate
suspension of transportation between the
United States and that airport.
(f) CONDITION OF CARRIER AUTHORITY.—This
section is a condition to authority the Secretary
of Transportation grants under this part to an
air carrier or foreign air carrier.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1209.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44907(a)(1) ..

49 App.:1515(a)(1).

44907(a)(2) ..
44907(a)(3) ..

49 App.:1515(a)(2),
(3).
49 App.:1515(c).

44907(b) ......
44907(c) ......
44907(d)(1) ..
44907(d)(2) ..
44907(d)(3) ..
44907(d)(4) ..

49
49
49
49
49
49

App.:1515(b).
App.:1515(d).
App.:1515(e)(2).
App.:1515(e)(1).
App.:1515(e)(3).
App.:1515(f).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1115(a), (b),
(d)–(h); added Aug. 5, 1974,
Pub. L. 93–366, § 106, 88
Stat. 414; restated Aug. 8,
1985, Pub. L. 99–83, § 551(a),
99 Stat. 222.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1115(c);
added Aug. 5, 1974, Pub. L.
93–366, § 106, 88 Stat. 414;
restated Aug. 8, 1985, Pub.
L. 99–83, § 551(a), 99 Stat.
222; Nov. 16, 1990, Pub. L.
101–604,
§ 102(c)(2),
104
Stat. 3069.

§ 44908

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
44907(e) ......
44907(f) .......

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1515(g).
49 App.:1515(h).

In subsections (a)(2)(A) and (d)(2)(A)(i) and (3), the
words ‘‘government of a foreign country’’ are substituted for ‘‘foreign government’’ for consistency in
the revised title and with other titles of the United
States Code.
In subsection (a)(2)(B), the word ‘‘foreign’’ is added
for clarity and consistency in this section.
In subsection (b)(2), the word ‘‘foreign’’ is added for
consistency in the revised title and with other titles of
the Code.
In subsection (c), the words ‘‘government of a foreign
country’’ are substituted for ‘‘foreign government’’ for
consistency in the revised title and with other titles of
the Code.
In subsection (d)(1), before clause (A), the words
‘‘Subject to paragraph (1)’’ are omitted as surplus. In
clause (C), the words ‘‘foreign country’’ are substituted
for ‘‘foreign government’’ for clarity and consistency in
the revised title and with other titles of the Code. The
word ‘‘prescribe’’ is substituted for ‘‘impose’’ for consistency in the revised title and with other titles of the
Code. The word ‘‘provide’’ is substituted for ‘‘engage
in’’ for consistency in the revised title. In clause (D),
the words ‘‘directly or indirectly’’ are omitted as surplus.
In subsection (d)(2)(A)(i), the words ‘‘identified’’ and
‘‘of such airport’’ are omitted as surplus.
In subsection (d)(2)(B), the words ‘‘issue a travel advisory required under section 44908(a) of this title’’ are
substituted for ‘‘comply with the requirement of section 1515(a) [sic] of this Appendix that a travel advisory
be issued’’ to eliminate unnecessary words.
In subsection (d)(4), the words ‘‘An action required
. . . is no longer required’’ are substituted for ‘‘The
sanctions required to be imposed with respect to an airport . . . may be lifted’’ to eliminate unnecessary
words.
In subsection (e), before clause (1), the word ‘‘provide’’ is substituted for ‘‘engage in’’ for consistency in
the revised title.
In subsection (f), the words ‘‘issued under authority
vested in’’ are omitted as surplus.

§ 44908. Travel advisory and suspension of foreign assistance
(a) TRAVEL ADVISORIES.—On being notified by
the Secretary of Transportation that the Secretary of Transportation has decided under section 44907(d)(2)(A)(ii) of this title that a condition exists that threatens the safety or security
of passengers, aircraft, or crew traveling to or
from a foreign airport that the Secretary of
Transportation has decided under section 44907
of this title does not maintain and carry out effective security measures, the Secretary of
State—
(1) immediately shall issue a travel advisory
for that airport; and
(2) shall publicize the advisory widely.
(b) SUSPENDING ASSISTANCE.—The President
shall suspend assistance provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or the Arms Export Control Act (22 U.S.C.
2751 et seq.) to a country in which is located an
airport with respect to which section 44907(d)(1)
of this title becomes effective if the Secretary of
State decides the country is a high terrorist
threat country. The President may waive this
subsection if the President decides, and reports

Page 940

to Congress, that the waiver is required because
of national security interests or a humanitarian
emergency.
(c) ACTIONS NO LONGER REQUIRED.—An action
required under this section is no longer required
only if the Secretary of Transportation has
made a decision as provided under section
44907(d)(4) of this title. The Secretary shall notify Congress when the action is no longer required to be taken.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1211;
Pub. L. 105–277, div. G, subdiv. B, title XXII,
§ 2224(a), Oct. 21, 1998, 112 Stat. 2681–819.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44908(a) ......

49 App.:1515a(a).

44908(b) ......
44908(c) ......

49 App.:1515a(b).
49 App.:1515a(c), (d).

Source (Statutes at Large)
Aug. 8, 1985, Pub. L. 99–83,
§ 552, 99 Stat. 226.

In subsection (a)(3), the words ‘‘take the necessary
steps to’’ are omitted as surplus.
In subsection (b), the words ‘‘all’’ and ‘‘the requirements of’’ are omitted as surplus.
Subsection (c) is substituted for 49 App.:1515a(c) and
(d) to eliminate unnecessary words.
REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as
amended, which is classified principally to chapter 32
(§ 2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the
Code, see Short Title note set out under section 2151 of
Title 22 and Tables.
The Arms Export Control Act, referred to in subsec.
(b), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, as
amended, which is classified principally to chapter 39
(§ 2751 et seq.) of Title 22. For complete classification of
this Act to the Code, see Short Title note set out under
section 2751 of Title 22 and Tables.
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–277 inserted ‘‘and’’ at
end of par. (1), redesignated par. (3) as (2), and struck
out former par. (2) which read as follows: ‘‘shall publish
the advisory in the Federal Register; and’’.

§ 44909. Passenger manifests
(a) AIR CARRIER REQUIREMENTS.—(1) Not later
than March 16, 1991, the Secretary of Transportation shall require each air carrier to provide a
passenger manifest for a flight to an appropriate
representative of the Secretary of State—
(A) not later than one hour after that carrier
is notified of an aviation disaster outside the
United States involving that flight; or
(B) if it is not technologically feasible or
reasonable to comply with clause (A) of this
paragraph, then as expeditiously as possible,
but not later than 3 hours after the carrier is
so notified.
(2) The passenger manifest should include the
following information:
(A) the full name of each passenger.
(B) the passport number of each passenger, if
required for travel.
(C) the name and telephone number of a contact for each passenger.
(3) In carrying out this subsection, the Secretary of Transportation shall consider the ne-

Page 941

§ 44909

TITLE 49—TRANSPORTATION

cessity and feasibility of requiring air carriers
to collect passenger manifest information as a
condition for passengers boarding a flight of the
carrier.
(b) FOREIGN AIR CARRIER REQUIREMENTS.—The
Secretary of Transportation shall consider imposing a requirement on foreign air carriers
comparable to that imposed on air carriers
under subsection (a)(1) and (2) of this section.
(c) FLIGHTS IN FOREIGN AIR TRANSPORTATION
TO THE UNITED STATES.—
(1) IN GENERAL.—Not later than 60 days after
the date of enactment of the Aviation and
Transportation Security Act, each air carrier
and foreign air carrier operating a passenger
flight in foreign air transportation to the
United States shall provide to the Commissioner of Customs by electronic transmission a
passenger and crew manifest containing the
information specified in paragraph (2). Carriers may use the advanced passenger information system established under section 431 of
the Tariff Act of 1930 (19 U.S.C. 1431) to provide
the information required by the preceding sentence.
(2) INFORMATION.—A passenger and crew
manifest for a flight required under paragraph
(1) shall contain the following information:
(A) The full name of each passenger and
crew member.
(B) The date of birth and citizenship of
each passenger and crew member.
(C) The sex of each passenger and crew
member.
(D) The passport number and country of issuance of each passenger and crew member if
required for travel.
(E) The United States visa number or resident alien card number of each passenger
and crew member, as applicable.
(F) Such other information as the Under
Secretary, in consultation with the Commissioner of Customs, determines is reasonably
necessary to ensure aviation safety.
(3) PASSENGER NAME RECORDS.—The carriers
shall make passenger name record information
available to the Customs Service upon request.
(4) TRANSMISSION OF MANIFEST.—Subject to
paragraphs (5) and (6), a passenger and crew
manifest required for a flight under paragraph
(1) shall be transmitted to the Customs Service in advance of the aircraft landing in the
United States in such manner, time, and form
as the Customs Service prescribes.
(5) TRANSMISSION OF MANIFESTS TO OTHER
FEDERAL AGENCIES.—Upon request, information provided to the Under Secretary or the
Customs Service under this subsection may be
shared with other Federal agencies for the
purpose of protecting national security.
INTERNATIONAL
PAS(6)
PRESCREENING
SENGERS.—
(A) IN GENERAL.—Not later than 60 days
after date of enactment of this paragraph,
the Secretary of Homeland Security, or the
designee of the Secretary, shall issue a notice of proposed rulemaking that will allow
the Department of Homeland Security to
compare passenger information for any
international flight to or from the United

States against the consolidated and integrated terrorist watchlist maintained by the
Federal Government before departure of the
flight.
(B) APPEAL PROCEDURES.—
(i) IN GENERAL.—The Secretary of Homeland Security shall establish a timely and
fair process for individuals identified as a
threat under subparagraph (A) to appeal to
the Department of Homeland Security the
determination and correct any erroneous
information.
(ii) RECORDS.—The process shall include
the establishment of a method by which
the Secretary will be able to maintain a
record of air passengers and other individuals who have been misidentified and have
corrected erroneous information. To prevent repeated delays of misidentified passengers and other individuals, the Department of Homeland Security record shall
contain information determined by the
Secretary to authenticate the identity of
such a passenger or individual.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1211;
Pub. L. 106–181, title VII, § 718, Apr. 5, 2000, 114
Stat. 163; Pub. L. 107–71, title I, § 115, Nov. 19,
2001, 115 Stat. 623; Pub. L. 108–458, title IV,
§ 4012(a)(2), Dec. 17, 2004, 118 Stat. 3717.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44909(a)(1) ..

49 App.:1380(a).

44909(a)(2) ..
44909(a)(3) ..

49 App.:1380(b).
49 App.:1380 (note).

44909(b) ......

49 App.:1380 (note).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 410, 72 Stat. 769; Oct. 15,
1962, Pub. L. 87–820, § 8, 76
Stat. 936; restated Nov. 16,
1990, Pub. L. 101–604,
§ 203(a), 104 Stat. 3082.
Nov. 16, 1990, Pub. L. 101–604,
§ 203(b), 104 Stat. 3082.
Nov. 16, 1990, Pub. L. 101–604,
§ 203(c), 104 Stat. 3083.

In subsection (a)(1), before clause (A), the words
‘‘each air carrier’’ are substituted ‘‘all United States
air carriers’’ because of the definition of ‘‘air carrier’’
in section 40102(a) of the revised title. The words ‘‘an
appropriate representative of the Secretary of State’’
are substituted for ‘‘appropriate representatives of the
United States Department of State’’ because of 22:2651
and for consistency in the revised title and with other
titles of the United States Code. In clause (B), the
words ‘‘to comply with clause (A) of this paragraph’’
are substituted for ‘‘to fulfill the requirement of this
subsection’’ for consistency in the revised title and
with other titles of the Code.
In subsection (a)(2), before clause (B), the words ‘‘For
purposes of this section’’ are omitted as unnecessary.
In subsection (a)(3), the words ‘‘In carrying out this
subsection’’ are substituted for ‘‘In implementing the
requirement pursuant to the amendment made by subsection (a) of this section’’ for clarity and to eliminate
unnecessary words.
In subsection (b), the word ‘‘imposing’’ is added for
clarity. The words ‘‘imposed on air carriers under subsection (a)(1) and (2) of this section’’ are substituted for
‘‘imposed pursuant to the amendment made by subsection (a)’’ for clarity and because of the restatement.
REFERENCES IN TEXT
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (c)(1), is the
date of enactment of Pub. L. 107–71, which was approved
Nov. 19, 2001.
The date of enactment of this paragraph, referred to
in subsec. (c)(6)(A), is the date of enactment of Pub. L.
108–458, which was approved Dec. 17, 2004.

§ 44910

TITLE 49—TRANSPORTATION
AMENDMENTS

2004—Subsec. (c)(4). Pub. L. 108–458, § 4012(a)(2)(A),
substituted ‘‘paragraphs (5) and (6),’’ for ‘‘paragraph
(5),’’.
Subsec. (c)(6). Pub. L. 108–458, § 4012(a)(2)(B), added
par. (6).
2001—Subsec. (c). Pub. L. 107–71 which directed the
addition of subsec. (c) to section 44909, without specifying the Code title to be amended, was executed by making the addition to this section, to reflect the probable
intent of Congress.
2000—Subsec. (a)(2). Pub. L. 106–181 substituted
‘‘should’’ for ‘‘shall’’ in introductory provisions.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.

Page 942

(9) the Federal Bureau of Investigation.
(10) the Drug Enforcement Administration.
(b) POLICIES AND PROCEDURES ON REPORT
AVAILABILITY.—The head of each unit in the intelligence community shall prescribe policies
and procedures to ensure that intelligence reports about terrorism are made available, as appropriate, to the heads of other units in the intelligence community, the Secretary of Transportation, and the Under Secretary of Transportation for Security.
(c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads of the units in the intelligence
community shall place greater emphasis on
strategic intelligence efforts by establishing a
unit for strategic planning on terrorism.
(d) DESIGNATION OF INTELLIGENCE OFFICER.—At
the request of the Secretary, the Director of
Central Intelligence shall designate at least one
intelligence officer of the Central Intelligence
Agency to serve in a senior position in the Office
of the Secretary.
(e) WRITTEN WORKING AGREEMENTS.—The
heads of units in the intelligence community,
the Secretary, and the Under Secretary shall review and, as appropriate, revise written working
agreements between the intelligence community
and the Under Secretary.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1212;
Pub. L. 107–71, title I, §§ 101(f)(7), (9), 102(b), (c),
Nov. 19, 2001, 115 Stat. 603, 605.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44911(a) ......

49 App.:1358d (note).

44911(b) ......

49 App.:1358d (note).

Nov. 16, 1990, Pub. L. 101–604,
§ 111(e), 104 Stat. 3080.
Nov. 16, 1990, Pub. L. 101–604,
§ 111(a), 104 Stat. 3080.
Nov. 16, 1990, Pub. L. 101–604,
§ 111(b), 104 Stat. 3080.
Nov. 16, 1990, Pub. L. 101–604,
§ 111(c), 104 Stat. 3080.
Nov. 16, 1990, Pub. L. 101–604,
§ 111(d), 104 Stat. 3080.

§ 44910. Agreements on aircraft sabotage, aircraft
hijacking, and airport security

44911(c) ......

49 App.:1358d (note).

44911(d) ......

49 App.:1358d (note).

The Secretary of State shall seek multilateral
and bilateral agreement on strengthening enforcement measures and standards for compliance related to aircraft sabotage, aircraft hijacking, and airport security.

44911(e) ......

49 App.:1358d (note).

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1212.)
HISTORICAL AND REVISION NOTES
Revised
Section
44910 ..........

Source (U.S. Code)
49 App.:1515 (note).

Source (Statutes at Large)
Aug. 8, 1985, Pub. L. 99–83,
§ 556, 99 Stat. 227.

§ 44911. Intelligence
(a) DEFINITION.—In this section, ‘‘intelligence
community’’ means the intelligence and intelligence-related activities of the following units
of the United States Government:
(1) the Department of State.
(2) the Department of Defense.
(3) the Department of the Treasury.
(4) the Department of Energy.
(5) the Departments of the Army, Navy, and
Air Force.
(6) the Central Intelligence Agency.
(7) the National Security Agency.
(8) the Defense Intelligence Agency.

In this section, the word ‘‘units’’ is substituted for
‘‘agencies’’ for consistency in the revised title and with
other titles of the United States Code.
In subsections (b) and (e), the words ‘‘Not later than
180 days after the date of enactment of this Act’’ in section 111(a) and (d) of the Aviation Security Improvement Act of 1990 (Public Law 101–640, 104 Stat. 3080) are
omitted as obsolete.
In subsection (b), the words ‘‘the heads of other units
in the intelligence community, the Secretary of Transportation, and the Administrator of the Federal Aviation Administration’’ are substituted for ‘‘other members of the intelligence community, the Department of
Transportation, and the Federal Aviation Administration’’ for clarity and consistency in the revised title
and with other titles of the Code.
In subsections (c) and (e), the words ‘‘heads of units
in the intelligence community’’ are substituted for ‘‘intelligence community’’ for clarity and consistency in
the revised title and with other titles of the Code.
In subsection (e), the words ‘‘memorandums of understanding’’ are omitted as being included in ‘‘written
working agreements’’.
AMENDMENTS
2001—Subsec. (b). Pub. L. 107–71, § 102(b), struck out
‘‘international’’ before ‘‘terrorism’’.
Pub. L. 107–71, § 101(f)(7), (9), substituted ‘‘Under Secretary of Transportation for Security’’ for ‘‘Administrator of the Federal Aviation Administration’’.

Page 943

TITLE 49—TRANSPORTATION

Subsec. (c). Pub. L. 107–71, § 102(c), substituted
‘‘place’’ for ‘‘consider placing’’.
Subsec. (e). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in two places.
CHANGE OF NAME
Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 401 of Title 50, War and National
Defense.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44912. Research and development
(a) PROGRAM REQUIREMENT.—(1) The Under
Secretary of Transportation for Security shall
establish and carry out a program to accelerate
and expand the research, development, and implementation of technologies and procedures to
counteract terrorist acts against civil aviation.
The program shall provide for developing and
having in place, not later than November 16,
1993, new equipment and procedures necessary to
meet the technological challenges presented by
terrorism. The program shall include research
on, and development of, technological improvements and ways to enhance human performance.
(2) In designing and carrying out the program
established under this subsection, the Under
Secretary shall—
(A) consult and coordinate activities with
other departments, agencies, and instrumentalities of the United States Government
doing similar research;
(B) identify departments, agencies, and instrumentalities that would benefit from that
research; and
(C) seek cost-sharing agreements with those
departments, agencies, and instrumentalities.
(3) In carrying out the program established
under this subsection, the Under Secretary shall
review and consider the annual reports the Secretary of Transportation submits to Congress on
transportation security and intelligence.
(4)(A) In carrying out the program established
under this subsection, the Administrator shall
designate an individual to be responsible for engineering, research, and development with respect to security technology under the program.
(B) The individual designated under subparagraph (A) shall use appropriate systems engineering and risk management models in making
decisions regarding the allocation of funds for
engineering, research, and development with respect to security technology under the program.

§ 44912

(C) The individual designated under subparagraph (A) shall, on an annual basis, submit to
the Research, Engineering and Development Advisory Committee a report on activities under
this paragraph during the preceding year. Each
report shall include, for the year covered by
such report, information on—
(i) progress made in engineering, research,
and development with respect to security
technology;
(ii) the allocation of funds for engineering,
research, and development with respect to security technology; and
(iii) engineering, research, and development
with respect to any technologies drawn from
other agencies, including the rationale for engineering, research, and development with respect to such technologies.
(5) The Under Secretary may—
(A) make grants to institutions of higher
learning and other appropriate research facilities with demonstrated ability to carry out research described in paragraph (1) of this subsection, and fix the amounts and terms of the
grants; and
(B) make cooperative agreements with governmental authorities the Under Secretary decides are appropriate.
(b) REVIEW OF THREATS.—(1) The Under Secretary shall periodically review threats to civil
aviation, with particular focus on—
(A) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology roadmaps)
of the civil aviation system, including—
(i) the destruction, commandeering, or diversion of civil aircraft or the use of civil
aircraft as a weapon; and
(ii) the disruption of civil aviation service,
including by cyber attack;
(B) explosive material that presents the
most significant threat to civil aircraft;
(C) the minimum amounts, configurations,
and types of explosive material that can
cause, or would reasonably be expected to
cause, catastrophic damage to aircraft in air
transportation;
(D) the amounts, configurations, and types
of explosive material that can be detected reliably by existing, or reasonably anticipated,
near-term explosive detection technologies;
(E) the potential release of chemical, biological, or similar weapons or devices either
within an aircraft or within an airport;
(F) the feasibility of using various ways to
minimize damage caused by explosive material that cannot be detected reliably by existing, or reasonably anticipated, near-term explosive detection technologies;
(G) the ability to screen passengers, carryon baggage, checked baggage, and cargo; and
(H) the technologies that might be used in
the future to attempt to destroy or otherwise
threaten commercial aircraft and the way in
which those technologies can be countered effectively.
(2) The Under Secretary shall use the results
of the review under this subsection to develop
the focus and priorities of the program established under subsection (a) of this section.

§ 44912

TITLE 49—TRANSPORTATION

(c) SCIENTIFIC ADVISORY PANEL.—(1) The Administrator shall establish a scientific advisory
panel, as a subcommittee of the Research, Engineering, and Development Advisory Committee,
to review, comment on, advise the progress of,
and recommend modifications in, the program
established under subsection (a) of this section,
including the need for long-range research programs to detect and prevent catastrophic damage to commercial aircraft, commercial aviation
facilities, commercial aviation personnel and
passengers, and other components of the commercial aviation system by the next generation
of terrorist weapons.
(2)(A) The advisory panel shall consist of individuals who have scientific and technical expertise in—
(i) the development and testing of effective
explosive detection systems;
(ii) aircraft structure and experimentation
to decide on the type and minimum weights of
explosives that an effective explosive detection technology must be capable of detecting;
(iii) technologies involved in minimizing airframe damage to aircraft from explosives; and
(iv) other scientific and technical areas the
Administrator considers appropriate.
(B) In appointing individuals to the advisory
panel, the Administrator should consider individuals from academia and the national laboratories, as appropriate.
(3) The Administrator shall organize the advisory panel into teams capable of undertaking
the review of policies and technologies upon request.
(4) Not later than 90 days after the date of the
enactment of the Aviation and Transportation
Security Act, and every two years thereafter,
the Administrator shall review the composition
of the advisory panel in order to ensure that the
expertise of the individuals on the panel is suited to the current and anticipated duties of the
panel.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1212;
Pub. L. 107–71, title I, §§ 101(f)(7), (9), 112, Nov. 19,
2001, 115 Stat. 603, 620.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44912(a) ......

49 App.:1357(d)(3)(A),
(D), (4)–(7).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(d)(3)–(8);
added Nov. 16, 1990, Pub.
L. 101–604, § 107, 104 Stat.
3076.

44912(b) ......

49 App.:1357(d)(3)(B),
(C).
49 App.:1357(d)(8).

44912(c) ......

In subsection (a)(1), the words ‘‘It shall be the purpose of the program established under paragraph (3)’’
and ‘‘established under paragraph (3)’’ are omitted as
unnecessary.
In subsection (a)(2)(A), the word ‘‘activities’’ is added
for clarity. The words ‘‘departments, agencies, and instrumentalities of the United States Government’’ are
substituted for ‘‘Federal agencies’’ for consistency in
the revised title and with other titles of the United
States Code.
In subsection (a)(4), the words ‘‘The Administrator
may . . . make grants’’ are substituted for ‘‘Amounts
appropriated for each fiscal year under paragraph (9)
shall be made available by the Administrator, by way
of grants’’ to eliminate unnecessary words. In clause

Page 944

(A), the words ‘‘institutions of higher learning’’ are
substituted for ‘‘colleges, universities’’, and the word
‘‘institutions’’ is substituted for ‘‘institutions and facilities’’, for clarity and consistency in the revised title
and with other titles of the Code. In clause (B), the
words ‘‘governmental authorities’’ are substituted for
‘‘governmental entities’’ for consistency in the revised
title and with other titles of the Code.
In subsection (b)(1), before clause (A), the words ‘‘Not
later than 180 days after November 16, 1990’’ are omitted as obsolete. Clause (B) is substituted for 49
App.:1357(d)(3)(B)(ii) and (iii) for clarity and to eliminate unnecessary words.
In subsection (b)(1)(E), the word ‘‘mail’’ is omitted as
being included in ‘‘cargo’’.
REFERENCES IN TEXT
The date of the enactment of the Aviation and Transportation Security Act, referred to in subsec. (c)(4), is
the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
AMENDMENTS
2001—Subsec. (a)(1). Pub. L. 107–71, § 101(f)(7), (9), substituted ‘‘Under Secretary of Transportation for Security’’ for ‘‘Administrator of the Federal Aviation Administration’’.
Subsec. (a)(2), (3). Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (a)(4). Pub. L. 107–71, § 112(b)(1)(B), added par.
(4). Former par. (4) redesignated (5).
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ in two places.
Subsec. (a)(5). Pub. L. 107–71, § 112(b)(1)(A), redesignated par. (4) as (5).
Subsec. (b)(1). Pub. L. 107–71, §§ 101(f)(7), 112(a)(1), in
introductory provisions, substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ and ‘‘periodically review’’
for ‘‘complete an intensive review of’’.
Subsec. (b)(1)(A). Pub. L. 107–71, § 112(b)(2)(B), added
subpar. (A). Former subpar. (A) redesignated (B).
Subsec. (b)(1)(B). Pub. L. 107–71, § 112(b)(2)(A), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C).
Pub. L. 107–71, § 112(a)(2), substituted ‘‘aircraft in air
transportation;’’ for ‘‘commercial aircraft in service
and expected to be in service in the 10-year period beginning on November 16, 1990;’’.
Subsec. (b)(1)(C). Pub. L. 107–71, § 112(b)(2)(A), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).
Subsec. (b)(1)(D). Pub. L. 107–71, § 112(b)(2)(A), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).
Pub. L. 107–71, § 112(a)(3), added subpar. (D). Former
subpar. (D) redesignated (E).
Subsec. (b)(1)(E) to (G). Pub. L. 107–71, § 112(b)(2)(A),
redesignated subpars. (D) to (F) as (E) to (G), respectively. Former subpar. (G) redesignated (H).
Pub. L. 107–71, § 112(a)(3), redesignated subpars. (D) to
(F) as (E) to (G), respectively.
Subsec. (b)(1)(H). Pub. L. 107–71, § 112(b)(2)(A), redesignated subpar. (G) as (H).
Subsec. (b)(2). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (c). Pub. L. 107–71, § 112(b)(3), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: ‘‘The Administrator shall
establish a scientific advisory panel, as a subcommittee
of the Research, Engineering and Development Advisory Committee, to review, comment on, advise on the
progress of, and recommend modifications in, the program established under subsection (a) of this section,
including the need for long-range research programs to
detect and prevent catastrophic damage to commercial
aircraft by the next generation of terrorist weapons.
The panel shall consist of individuals with scientific
and technical expertise in—
‘‘(1) the development and testing of effective explosive detection systems;

Page 945

TITLE 49—TRANSPORTATION

‘‘(2) aircraft structure and experimentation to decide on the type and minimum weights of explosives
that an effective technology must be capable of detecting;
‘‘(3) technologies involved in minimizing airframe
damage to aircraft from explosives; and
‘‘(4) other scientific and technical areas the Administrator considers appropriate.’’
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
RESEARCH AND DEVELOPMENT OF AVIATION SECURITY
TECHNOLOGY
Pub. L. 107–71, title I, § 137, Nov. 19, 2001, 115 Stat. 637,
as amended by Pub. L. 110–53, title XVI, § 1608, Aug. 3,
2007, 121 Stat. 484, provided that:
‘‘(a) FUNDING.—To augment the programs authorized
in section 44912(a)(1) of title 49, United States Code,
there is authorized to be appropriated an additional
$50,000,000 for each of fiscal years 2006 through 2011 and
such sums as are necessary for each fiscal year thereafter to the Transportation Security Administration,
for research, development, testing, and evaluation of
the following technologies which may enhance transportation security in the future. Grants to industry,
academia, and Government entities to carry out the
provisions of this section shall be available for fiscal
years 2006 through 2011 for—
‘‘(1) the acceleration of research, development, testing, and evaluation of explosives detection technology for checked baggage, specifically, technology
that is—
‘‘(A) more cost-effective for deployment for explosives detection in checked baggage at small- to medium-sized airports, and is currently under development as part of the Argus research program at the
Transportation Security Administration;
‘‘(B) faster, to facilitate screening of all checked
baggage at larger airports; or
‘‘(C) more accurate, to reduce the number of false
positives requiring additional security measures;
‘‘(2) acceleration of research, development, testing,
and evaluation of new screening technology for carryon items to provide more effective means of detecting
and identifying weapons, explosives, and components
of weapons of mass destruction, including advanced
x-ray technology;
‘‘(3) acceleration of research, development, testing,
and evaluation of threat screening technology for
other categories of items being loaded onto aircraft,
including cargo, catering, and duty-free items;
‘‘(4) acceleration of research, development, testing,
and evaluation of threats carried on persons boarding
aircraft or entering secure areas, including detection
of weapons, explosives, and components of weapons of
mass destruction;
‘‘(5) acceleration of research, development, testing
and evaluation of integrated systems of airport security enhancement, including quantitative methods of
assessing security factors at airports selected for
testing such systems;
‘‘(6) expansion of the existing program of research,
development, testing, and evaluation of improved
methods of education, training, and testing of key
airport security personnel; and
‘‘(7) acceleration of research, development, testing,
and evaluation of aircraft hardening materials, and
techniques to reduce the vulnerability of aircraft to
terrorist attack.

§ 44913

‘‘(b) GRANTS.—Grants awarded under this subtitle
[probably should be ‘‘this section’’] shall identify potential outcomes of the research, and propose a method
for quantitatively assessing effective increases in security upon completion of the research program. At the
conclusion of each grant, the grant recipient shall submit a final report to the Transportation Security Administration that shall include sufficient information
to permit the Under Secretary of Transportation for
Security to prepare a cost-benefit analysis of potential
improvements to airport security based upon deployment of the proposed technology. The Under Secretary
shall begin awarding grants under this subtitle within
90 days of the date of enactment of this Act [Nov. 19,
2001].
‘‘(c) BUDGET SUBMISSION.—A budget submission and
detailed strategy for deploying the identified security
upgrades recommended upon completion of the grants
awarded under subsection (b), shall be submitted to
Congress as part of the Department of Transportation’s
annual budget submission.
‘‘(d) DEFENSE RESEARCH.—There is authorized to be
appropriated $20,000,000 to the Transportation Security
Administration to issue research grants in conjunction
with the Defense Advanced Research Projects Agency.
Grants may be awarded under this section for—
‘‘(1) research and development of longer-term improvements to airport security, including advanced
weapons detection;
‘‘(2) secure networking and sharing of threat information between Federal agencies, law enforcement
entities, and other appropriate parties;
‘‘(3) advances in biometrics for identification and
threat assessment; or
‘‘(4) other technologies for preventing acts of terrorism in aviation.’’
[For definitions of terms used in section 137 of Pub.
L. 107–71, set out above, see section 133 of Pub. L. 107–71,
set out as a note under section 40102 of this title.]
TERMINATION OF ADVISORY PANELS
Advisory panels established after Jan. 5, 1973, to terminate not later than expiration of 2-year period beginning on the date of their establishment, unless, in the
case of a panel established by the President or an officer of the Federal Government, such panel is renewed
by appropriate action prior to expiration of such 2-year
period, or in the case of a panel established by Congress, its duration is otherwise provided for by law. See
sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 44913. Explosive detection
PURCHASE OF EQUIPor purchase of explosive
detection
equipment
under
section
108.7(b)(8) or 108.20 of title 14, Code of Federal
Regulations, or similar regulation is required
only if the Under Secretary of Transportation
for Security certifies that the equipment alone,
or as part of an integrated system, can detect
under realistic air carrier operating conditions
the amounts, configurations, and types of explosive material that would likely be used to cause
catastrophic damage to commercial aircraft.
The Under Secretary shall base the certification
on the results of tests conducted under protocols
developed in consultation with expert scientists
outside of the Transportation Security Administration. Those tests shall be completed not later
than April 16, 1992.
(2) Before completion of the tests described in
paragraph (1) of this subsection, but not later
than April 16, 1992, the Under Secretary may require deployment of explosive detection equip(a) DEPLOYMENT AND
MENT.—(1) A deployment

§ 44913

TITLE 49—TRANSPORTATION

ment described in paragraph (1) if the Under
Secretary decides that deployment will enhance
aviation security significantly. In making that
decision, the Under Secretary shall consider factors such as the ability of the equipment alone,
or as part of an integrated system, to detect
under realistic air carrier operating conditions
the amounts, configurations, and types of explosive material that would likely be used to cause
catastrophic damage to commercial aircraft.
The Under Secretary shall notify the Committee
on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of a deployment decision made
under this paragraph.
(3) Until such time as the Under Secretary determines that equipment certified under paragraph (1) is commercially available and has successfully completed operational testing as provided in paragraph (1), the Under Secretary shall
facilitate the deployment of such approved commercially available explosive detection devices
as the Under Secretary determines will enhance
aviation security significantly. The Under Secretary shall require that equipment deployed
under this paragraph be replaced by equipment
certified under paragraph (1) when equipment
certified under paragraph (1) becomes commercially available. The Under Secretary is authorized, based on operational considerations at individual airports, to waive the required installation of commercially available equipment under
paragraph (1) in the interests of aviation security. The Under Secretary may permit the requirements of this paragraph to be met at airports by the deployment of dogs or other appropriate animals to supplement equipment for
screening passengers, baggage, mail, or cargo for
explosives or weapons.
(4) This subsection does not prohibit the Under
Secretary from purchasing or deploying explosive detection equipment described in paragraph
(1) of this subsection.
(b) GRANTS.—The Secretary of Transportation
may provide grants to continue the Explosive
Detection K-9 Team Training Program to detect
explosives at airports and on aircraft.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1214;
Pub. L. 104–264, title III, § 305(a), Oct. 9, 1996, 110
Stat. 3252; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110
Stat. 3389; Pub. L. 107–71, title I, § 101(f)(2), (7),
(9), Nov. 19, 2001, 115 Stat. 603.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44913(a)(1) ..

49 App.:1358c(a), (b).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 320; added
Nov. 16, 1990, Pub. L.
101–604, § 108, 104 Stat.
3077.

44913(a)(2) ..
44913(a)(3) ..
44913(b) ......

49 App.:1358c(c).
49 App.:1358c(d).
49 App.:2225.

Sept. 3, 1982, Pub. L. 97–248,
§ 529, 96 Stat. 699; Dec. 30,
1987, Pub. L. 100–223, § 114,
101 Stat. 1505.

In subsection (a), the words ‘‘after November 16, 1990’’
are omitted as executed. The words ‘‘The Administrator shall base the certification on’’ are substituted
for ‘‘based on’’ because of the restatement.
In subsection (b), the words ‘‘but not be limited to’’
are omitted as unnecessary.

Page 946
AMENDMENTS

2001—Subsec. (a)(1). Pub. L. 107–71, § 101(f)(9), substituted ‘‘of Transportation for Security’’ for ‘‘of the
Federal Aviation Administration’’.
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ in two places.
Pub. L. 107–71, § 101(f)(2), substituted ‘‘of the Transportation Security Administration’’ for ‘‘of the Administration’’ in second sentence.
Subsec. (a)(2) to (4). Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ wherever appearing.
1996—Subsec. (a)(2). Pub. L. 104–287 substituted
‘‘Transportation and Infrastructure’’ for ‘‘Public Works
and Transportation’’.
Subsec. (a)(3), (4). Pub. L. 104–264 added par. (3) and
redesignated former par. (3) as (4).
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
IMPROVED EXPLOSIVE DETECTION SYSTEMS
Pub. L. 108–458, title IV, § 4024, Dec. 17, 2004, 118 Stat.
3724, provided that:
‘‘(a) PLAN AND GUIDELINES.—The Assistant Secretary
of Homeland Security (Transportation Security Administration) shall develop a plan and guidelines for implementing improved explosive detection system equipment.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security Administration $100,000,000, in addition to any
amounts otherwise authorized by law, for the purpose
of research and development of improved explosive detection systems for aviation security under section
44913 of title 49, United States Code.’’
WEAPONS AND EXPLOSIVE DETECTION STUDY
Section 303 of Pub. L. 104–264 provided that:
‘‘(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall enter into an arrangement with the Director of the National Academy of
Sciences (or if the National Academy of Sciences is not
available, the head of another equivalent entity) to
conduct a study in accordance to this section.
‘‘(b) PANEL OF EXPERTS.—
‘‘(1) IN GENERAL.—In carrying out a study under
this section, the Director of the National Academy of
Sciences (or the head of another equivalent entity)
shall establish a panel (hereinafter in this section referred to as the ‘panel’).
‘‘(2) EXPERTISE.—Each member of the panel shall
have expertise in weapons and explosive detection
technology, security, air carrier and airport operations, or another appropriate area. The Director of
the National Academy of Sciences (or the head of another equivalent entity) shall ensure that the panel
has an appropriate number of representatives of the
areas specified in the preceding sentence.

Page 947

‘‘(c) STUDY.—The panel, in consultation with the National Science and Technology Council, representatives
of appropriate Federal agencies, and appropriate members of the private sector, shall—
‘‘(1) assess the weapons and explosive detection
technologies that are available at the time of the
study that are capable of being effectively deployed
in commercial aviation;
‘‘(2) determine how the technologies referred to in
paragraph (1) may more effectively be used for promotion and improvement of security at airport and
aviation facilities and other secured areas;
‘‘(3) assess the cost and advisability of requiring
hardened cargo containers as a way to enhance aviation security and reduce the required sensitivity of
bomb detection equipment; and
‘‘(4) on the basis of the assessments and determinations made under paragraphs (1), (2), and (3), identify
the most promising technologies for the improvement of the efficiency and cost-effectiveness of weapons and explosive detection.
‘‘(d) COOPERATION.—The National Science and Technology Council shall take such actions as may be necessary to facilitate, to the maximum extent practicable
and upon request of the Director of the National Academy of Sciences (or the head of another equivalent entity), the cooperation of representatives of appropriate
Federal agencies, as provided for in subsection (c), in
providing the panel, for the study under this section—
‘‘(1) expertise; and
‘‘(2) to the extent allowable by law, resources and
facilities.
‘‘(e) REPORTS.—The Director of the National Academy of Sciences (or the head of another equivalent entity) shall, pursuant to an arrangement entered into
under subsection (a), submit to the Administrator such
reports as the Administrator considers to be appropriate. Upon receipt of a report under this subsection,
the Administrator shall submit a copy of the report to
the appropriate committees of Congress.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for each of fiscal years
1997 through 2001 such sums as may be necessary to
carry out this section.’’

§ 44914. Airport construction guidelines
In consultation with air carriers, airport authorities, and others the Under Secretary of
Transportation for Security considers appropriate, the Under Secretary shall develop guidelines for airport design and construction to
allow for maximum security enhancement. In
developing the guidelines, the Under Secretary
shall consider the results of the assessment carried out under section 44904(a) of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1214;
Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001,
115 Stat. 603.)
HISTORICAL AND REVISION NOTES
Revised
Section
44914 ..........

§ 44916

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1357 (note).
49 App.:1432(d).

Source (Statutes at Large)
Nov. 16, 1990, Pub. L. 101–604,
§ 106(f), 104 Stat. 3075.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 612(d); added
Nov. 16, 1990, Pub. L.
101–604, § 110(a), 104 Stat.
3080.

The words ‘‘In developing the guidelines’’ are substituted for ‘‘In developing airport construction guidelines under subsection (d) of section 612 of the Federal
Aviation Act of 1958, as added by section 110 of this
Act’’ in section 106(f) of the Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) to
eliminate unnecessary words.

AMENDMENTS
2001—Pub. L. 107–71 substituted ‘‘Under Secretary’’
for ‘‘Administrator’’ wherever appearing and ‘‘of Transportation for Security’’ for ‘‘of the Federal Aviation
Administration’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44915. Exemptions
The Under Secretary of Transportation for Security may exempt from sections 44901,
44903(a)–(c) and (e), 44906, 44935, and 44936 of this
title airports in Alaska served only by air carriers that—
(1) hold certificates issued under section
41102 of this title;
(2) operate aircraft with certificates for a
maximum gross takeoff weight of less than
12,500 pounds; and
(3) board passengers, or load property intended to be carried in an aircraft cabin, that
will be screened under section 44901 of this
title at another airport in Alaska before the
passengers board, or the property is loaded on,
an aircraft for a place outside Alaska.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1215;
Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001,
115 Stat. 603.)
HISTORICAL AND REVISION NOTES
Revised
Section
44915 ..........

Source (U.S. Code)
49 App.:1358.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 317; added
July 12, 1976, Pub. L.
94–353, § 17(a), 90 Stat. 882.

In clause (1), the word ‘‘issued’’ is substituted for
‘‘granted’’ for consistency in this part. The words ‘‘by
the Civil Aeronautics Board’’ are omitted as surplus.
Clause (3) is substituted for 49 App.:1358 (words after
3d comma) for consistency in the revised title.
AMENDMENTS
2001—Pub. L. 107–71 substituted ‘‘Under Secretary of
Transportation for Security’’ for ‘‘Administrator of the
Federal Aviation Administration’’ in introductory provisions.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44916. Assessments and evaluations
(a) PERIODIC ASSESSMENTS.—The Under Secretary of Transportation for Security shall re-

§ 44917

TITLE 49—TRANSPORTATION

quire each air carrier and airport (including the
airport owner or operator in cooperation with
the air carriers and vendors serving each airport) that provides for intrastate, interstate, or
foreign air transportation to conduct periodic
vulnerability assessments of the security systems of that air carrier or airport, respectively.
The Transportation Security Administration
shall perform periodic audits of such assessments.
(b) INVESTIGATIONS.—The Under Secretary
shall conduct periodic and unannounced inspections of security systems of airports and air carriers to determine the effectiveness and vulnerabilities of such systems. To the extent allowable by law, the Under Secretary may provide
for anonymous tests of those security systems.
(Added Pub. L. 104–264, title III, § 312(a), Oct. 9,
1996, 110 Stat. 3253; amended Pub. L. 107–71, title
I, § 101(f)(3), (7), Nov. 19, 2001, 115 Stat. 603.)
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71, § 101(f)(3), substituted
‘‘Under Secretary of Transportation for Security’’ for
‘‘Administrator’’ in first sentence and ‘‘Transportation
Security Administration’’ for ‘‘Administration’’ in second sentence.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in two places.
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44917. Deployment of Federal air marshals
(a) IN GENERAL.—The Under Secretary of
Transportation for Security under the authority
provided by section 44903(d)—
(1) may provide for deployment of Federal
air marshals on every passenger flight of air
carriers in air transportation or intrastate air
transportation;
(2) shall provide for deployment of Federal
air marshals on every such flight determined
by the Secretary to present high security
risks;
(3) shall provide for appropriate training, supervision, and equipment of Federal air marshals;
(4) shall require air carriers providing flights
described in paragraph (1) to provide seating
for a Federal air marshal on any such flight
without regard to the availability of seats on
the flight and at no cost to the United States
Government or the marshal;
(5) may require air carriers to provide, on a
space-available basis, to an off-duty Federal

Page 948

air marshal a seat on a flight to the airport
nearest the marshal’s home at no cost to the
marshal or the United States Government if
the marshal is traveling to that airport after
completing his or her security duties;
(6) may enter into agreements with Federal,
State, and local agencies under which appropriately-trained law enforcement personnel
from such agencies, when traveling on a flight
of an air carrier, will carry a firearm and be
prepared to assist Federal air marshals;
(7) shall establish procedures to ensure that
Federal air marshals are made aware of any
armed or unarmed law enforcement personnel
on board an aircraft; and
(8) may appoint—
(A) an individual who is a retired law enforcement officer;
(B) an individual who is a retired member
of the Armed Forces; and
(C) an individual who has been furloughed
from an air carrier crew position in the 1year period beginning on September 11, 2001,
as a Federal air marshal, regardless of age, if
the individual otherwise meets the background and fitness qualifications required for
Federal air marshals.
(b) LONG DISTANCE FLIGHTS.—In making the
determination under subsection (a)(2), nonstop,
long distance flights, such as those targeted on
September 11, 2001, should be a priority.
(c) INTERIM MEASURES.—Until the Under Secretary completes implementation of subsection
(a), the Under Secretary may use, after consultation with and concurrence of the heads of
other Federal agencies and departments, personnel from those agencies and departments, on a
nonreimbursable basis, to provide air marshal
service.
(d) TRAINING FOR FOREIGN LAW ENFORCEMENT
PERSONNEL.—
(1) IN GENERAL.—The Assistant Secretary for
Immigration and Customs Enforcement of the
Department of Homeland Security, after consultation with the Secretary of State, may direct the Federal Air Marshal Service to provide appropriate air marshal training to law
enforcement personnel of foreign countries.
(2) WATCHLIST SCREENING.—The Federal Air
Marshal Service may only provide appropriate
air marshal training to law enforcement personnel of foreign countries after comparing
the identifying information and records of law
enforcement personnel of foreign countries
against all appropriate records in the consolidated and integrated terrorist watchlists
maintained by the Federal Government.
(3) FEES.—The Assistant Secretary shall establish reasonable fees and charges to pay expenses incurred in carrying out this subsection. Funds collected under this subsection
shall be credited to the account in the Treasury from which the expenses were incurred
and shall be available to the Assistant Secretary for purposes for which amounts in such
account are available.
(Added Pub. L. 107–71, title I, § 105(a), Nov. 19,
2001, 115 Stat. 606; amended Pub. L. 108–458, title
IV, § 4018, Dec. 17, 2004, 118 Stat. 3721.)
AMENDMENTS
2004—Subsec. (d). Pub. L. 108–458 added subsec. (d).

Page 949

TITLE 49—TRANSPORTATION
TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
FEDERAL AIR MARSHALS
Pub. L. 108–458, title IV, § 4016, Dec. 17, 2004, 118 Stat.
3720, provided that:
‘‘(a) FEDERAL AIR MARSHAL ANONYMITY.—The Director of the Federal Air Marshal Service of the Department of Homeland Security shall continue operational
initiatives to protect the anonymity of Federal air
marshals.
‘‘(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.—
There is authorized to be appropriated to the Secretary
of Homeland Security for the use of the Bureau of Immigration and Customs Enforcement, in addition to
any amounts otherwise authorized by law, for the deployment of Federal air marshals under section 44917 of
title 49, United States Code, $83,000,000 for the 3 fiscalyear period beginning with fiscal year 2005. Such sums
shall remain available until expended.
‘‘(c) FEDERAL LAW ENFORCEMENT COUNTERTERRORISM
TRAINING.—
‘‘(1) AVAILABILITY OF INFORMATION.—The Assistant
Secretary for Immigration and Customs Enforcement
and the Director of Federal Air Marshal Service of
the Department of Homeland Security, shall make
available, as practicable, appropriate information on
in-flight counterterrorism and weapons handling procedures and tactics training to Federal law enforcement officers who fly while in possession of a firearm.
‘‘(2) IDENTIFICATION OF FRAUDULENT DOCUMENTS.—
The Assistant Secretary for Immigration and Customs Enforcement and the Director of Federal Air
Marshal Service of the Department of Homeland Security, in coordination with the Assistant Secretary
of Homeland Security (Transportation Security Administration), shall ensure that Transportation Security Administration screeners and Federal air marshals receive training in identifying fraudulent identification documents, including fraudulent or expired
visas and passports. Such training shall also be made
available to other Federal law enforcement agencies
and local law enforcement agencies located in a State
that borders Canada or Mexico.’’

§ 44918. Crew training
(a) BASIC SECURITY TRAINING.—
(1) IN GENERAL.—Each air carrier providing
scheduled passenger air transportation shall
carry out a training program for flight and
cabin crew members to prepare the crew members for potential threat conditions.
(2) PROGRAM ELEMENTS.—An air carrier
training program under this subsection shall
include, at a minimum, elements that address
each of the following:
(A) Recognizing suspicious activities and
determining the seriousness of any occurrence.
(B) Crew communication and coordination.
(C) The proper commands to give passengers and attackers.
(D) Appropriate responses to defend oneself.
(E) Use of protective devices assigned to
crew members (to the extent such devices

§ 44918

are required by the Administrator of the
Federal Aviation Administration or the
Under Secretary for Border and Transportation Security of the Department of Homeland Security).
(F) Psychology of terrorists to cope with
hijacker behavior and passenger responses.
(G) Situational training exercises regarding various threat conditions.
(H) Flight deck procedures or aircraft maneuvers to defend the aircraft and cabin
crew responses to such procedures and maneuvers.
(I) The proper conduct of a cabin search,
including explosive device recognition.
(J) Any other subject matter considered
appropriate by the Under Secretary.
(3) APPROVAL.—An air carrier training program under this subsection shall be subject to
approval by the Under Secretary.
(4) MINIMUM STANDARDS.—Not later than one
year after the date of enactment of the Vision
100—Century of Aviation Reauthorization Act,
the Under Secretary may establish minimum
standards for the training provided under this
subsection and for recurrent training.
(5) EXISTING PROGRAMS.—Notwithstanding
paragraphs (3) and (4), any training program of
an air carrier to prepare flight and cabin crew
members for potential threat conditions that
was approved by the Administrator or the
Under Secretary before the date of enactment
of the Vision 100—Century of Aviation Reauthorization Act may continue in effect until
disapproved or ordered modified by the Under
Secretary.
(6) MONITORING.—The Under Secretary, in
consultation with the Administrator, shall
monitor air carrier training programs under
this subsection and periodically shall review
an air carrier’s training program to ensure
that the program is adequately preparing crew
members for potential threat conditions. In
determining when an air carrier’s training
program should be reviewed under this paragraph, the Under Secretary shall consider
complaints from crew members. The Under
Secretary shall ensure that employees responsible for monitoring the training programs
have the necessary resources and knowledge.
(7) UPDATES.—The Under Secretary, in consultation with the Administrator, shall order
air carriers to modify training programs under
this subsection to reflect new or different security threats.
(b) ADVANCED SELF-DEFENSE TRAINING.—
(1) IN GENERAL.—Not later than one year
after the date of enactment of the Vision 100—
Century of Aviation Reauthorization Act, the
Under Secretary shall develop and provide a
voluntary training program for flight and
cabin crew members of air carriers providing
scheduled passenger air transportation.
(2) PROGRAM ELEMENTS.—The training program under this subsection shall include both
classroom and effective hands-on training in
the following elements of self-defense:
(A) Deterring a passenger who might
present a threat.
(B) Advanced control, striking, and restraint techniques.

§ 44919

TITLE 49—TRANSPORTATION

(C) Training to defend oneself against
edged or contact weapons.
(D) Methods to subdue and restrain an
attacker.
(E) Use of available items aboard the aircraft for self-defense.
(F) Appropriate and effective responses to
defend oneself, including the use of force
against an attacker.
(G) Any other element of training that the
Under Secretary considers appropriate.
(3) PARTICIPATION NOT REQUIRED.—A crew
member shall not be required to participate in
the training program under this subsection.
(4) COMPENSATION.—Neither the Federal Government nor an air carrier shall be required to
compensate a crew member for participating
in the training program under this subsection.
(5) FEES.—A crew member shall not be required to pay a fee for the training program
under this subsection.
(6) CONSULTATION.—In developing the training program under this subsection, the Under
Secretary shall consult with law enforcement
personnel and security experts who have expertise in self-defense training, terrorism experts, representatives of air carriers, the director of self-defense training in the Federal
Air Marshals Service, flight attendants, labor
organizations representing flight attendants,
and educational institutions offering law enforcement training programs.
(7) DESIGNATION OF TSA OFFICIAL.—The Under
Secretary shall designate an official in the
Transportation Security Administration to be
responsible for implementing the training program under this subsection. The official shall
consult with air carriers and labor organizations representing crew members before implementing the program to ensure that it is appropriate for situations that may arise on
board an aircraft during a flight.
(c) LIMITATION.—Actions by crew members
under this section shall be subject to the provisions of section 44903(k).
(Added Pub. L. 107–71, title I, § 107(a), Nov. 19,
2001, 115 Stat. 610; amended Pub. L. 107–296, title
XIV, § 1403(a), Nov. 25, 2002, 116 Stat. 2305; Pub. L.
108–176, title VI, § 603, Dec. 12, 2003, 117 Stat.
2563.)
REFERENCES IN TEXT
The date of enactment of the Vision 100—Century of
Aviation Reauthorization Act, referred to in subsecs.
(a)(4), (5) and (b)(1), is the date of enactment of Pub. L.
108–176, which was approved Dec. 12, 2003.
AMENDMENTS
2003—Pub. L. 108–176 reenacted section catchline
without change and amended text generally. Prior to
amendment, text consisted of subsecs. (a) to (e) relating to development of detailed guidance for a scheduled
passenger air carrier flight and cabin crew training program to prepare crew members for potential threat
conditions.
2002—Subsec. (e). Pub. L. 107–296 designated existing
provisions as par. (1), inserted heading, substituted
‘‘The Under Secretary’’ for ‘‘The Administrator’’, added
pars. (2) and (3), and realigned margins.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as other-

Page 950

wise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.

§ 44919. Security screening pilot program
(a) ESTABLISHMENT OF PROGRAM.—The Under
Secretary shall establish a pilot program under
which, upon approval of an application submitted by an operator of an airport, the screening of
passengers and property at the airport under
section 44901 will be carried out by the screening
personnel of a qualified private screening company under a contract entered into with the
Under Secretary.
(b) PERIOD OF PILOT PROGRAM.—The pilot program under this section shall begin on the last
day of the 1-year period beginning on the date of
enactment of this section and end on the last
day of the 3-year period beginning on such date
of enactment.
(c) APPLICATIONS.—An operator of an airport
may submit to the Under Secretary an application to participate in the pilot program under
this section.
(d) SELECTION OF AIRPORTS.—From among applications submitted under subsection (c), the
Under Secretary may select for participation in
the pilot program not more than 1 airport from
each of the 5 airport security risk categories, as
defined by the Under Secretary.
(e) SUPERVISION OF SCREENED PERSONNEL.—
The Under Secretary shall provide Federal Government supervisors to oversee all screening at
each airport participating in the pilot program
under this section and provide Federal Government law enforcement officers at the airport
pursuant to this chapter.
(f) QUALIFIED PRIVATE SCREENING COMPANY.—A
private screening company is qualified to provide screening services at an airport participating in the pilot program under this section if the
company will only employ individuals to provide
such services who meet all the requirements of
this chapter applicable to Federal Government
personnel who perform screening services at airports under this chapter and will provide compensation and other benefits to such individuals
that are not less than the level of compensation
and other benefits provided to such Federal Government personnel in accordance with this chapter.
(g) STANDARDS FOR PRIVATE SCREENING COMPANIES.—The Under Secretary may enter into a
contract with a private screening company to
provide screening at an airport participating in
the pilot program under this section only if the
Under Secretary determines and certifies to
Congress that the private screening company is
owned and controlled by a citizen of the United
States, to the extent that the Under Secretary
determines that there are private screening
companies owned and controlled by such citizens.
(h) TERMINATION OF CONTRACTS.—The Under
Secretary may terminate any contract entered
into with a private screening company to pro-

Page 951

§ 44920

TITLE 49—TRANSPORTATION

vide screening services at an airport under the
pilot program if the Under Secretary finds that
the company has failed repeatedly to comply
with any standard, regulation, directive, order,
law, or contract applicable to the hiring or
training of personnel to provide such services or
to the provision of screening at the airport.
(i) ELECTION.—If a contract is in effect with respect to screening at an airport under the pilot
program on the last day of the 3-year period beginning on the date of enactment of this section,
the operator of the airport may elect to continue to have such screening carried out by the
screening personnel of a qualified private
screening company under a contract entered
into with the Under Secretary under section
44920 or by Federal Government personnel in accordance with this chapter.
(Added Pub. L. 107–71, title I, § 108(a), Nov. 19,
2001, 115 Stat. 611.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsecs. (b) and (i), is the date of enactment of Pub. L.
107–71, which was approved Nov. 19, 2001.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44920. Security screening opt-out program
(a) IN GENERAL.—On or after the last day of
the 2-year period beginning on the date on which
the Under Secretary transmits to Congress the
certification required by section 110(c) of the
Aviation and Transportation Security Act, an
operator of an airport may submit to the Under
Secretary an application to have the screening
of passengers and property at the airport under
section 44901 to be carried out by the screening
personnel of a qualified private screening company under a contract entered into with the
Under Secretary.
(b) APPROVAL OF APPLICATIONS.—The Under
Secretary may approve any application submitted under subsection (a).
(c) QUALIFIED PRIVATE SCREENING COMPANY.—
A private screening company is qualified to provide screening services at an airport under this
section if the company will only employ individuals to provide such services who meet all the
requirements of this chapter applicable to Federal Government personnel who perform screening services at airports under this chapter and
will provide compensation and other benefits to
such individuals that are not less than the level
of compensation and other benefits provided to
such Federal Government personnel in accordance with this chapter.
(d) STANDARDS FOR PRIVATE SCREENING COMPANIES.—The Under Secretary may enter into a
contract with a private screening company to
provide screening at an airport under this sec-

tion only if the Under Secretary determines and
certifies to Congress that—
(1) the level of screening services and protection provided at the airport under the contract
will be equal to or greater than the level that
would be provided at the airport by Federal
Government personnel under this chapter; and
(2) the private screening company is owned
and controlled by a citizen of the United
States, to the extent that the Under Secretary
determines that there are private screening
companies owned and controlled by such citizens.
(e) SUPERVISION OF SCREENED PERSONNEL.—
The Under Secretary shall provide Federal Government supervisors to oversee all screening at
each airport at which screening services are provided under this section and provide Federal
Government law enforcement officers at the airport pursuant to this chapter.
(f) TERMINATION OF CONTRACTS.—The Under
Secretary may terminate any contract entered
into with a private screening company to provide screening services at an airport under this
section if the Under Secretary finds that the
company has failed repeatedly to comply with
any standard, regulation, directive, order, law,
or contract applicable to the hiring or training
of personnel to provide such services or to the
provision of screening at the airport.
(g) OPERATOR OF AIRPORT.—Notwithstanding
any other provision of law, an operator of an airport shall not be liable for any claims for damages filed in State or Federal court (including a
claim for compensatory, punitive, contributory,
or indemnity damages) relating to—
(1) such airport operator’s decision to submit an application to the Secretary of Homeland Security under subsection (a) or section
44919 or such airport operator’s decision not to
submit an application; and
(2) any act of negligence, gross negligence,
or intentional wrongdoing by—
(A) a qualified private screening company
or any of its employees in any case in which
the qualified private screening company is
acting under a contract entered into with
the Secretary of Homeland Security or the
Secretary’s designee; or
(B) employees of the Federal Government
providing passenger and property security
screening services at the airport.
(3) Nothing in this section shall relieve any
airport operator from liability for its own acts
or omissions related to its security responsibilities, nor except as may be provided by
the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 shall it relieve
any qualified private screening company or its
employees from any liability related to its
own acts of negligence, gross negligence, or intentional wrongdoing.
(Added Pub. L. 107–71, title I, § 108(a), Nov. 19,
2001, 115 Stat. 612; amended Pub. L. 109–90, title
V, § 547, Oct. 18, 2005, 119 Stat. 2089.)
REFERENCES IN TEXT
Section 110(c) of the Aviation and Transportation Security Act, referred to in subsec. (a), is section 110(c) of
Pub. L. 107–71, which is set out as a note under section
44901 of this title.

§ 44921

TITLE 49—TRANSPORTATION

The Support Anti-Terrorism by Fostering Effective
Technologies Act of 2002, referred to in subsec. (g)(3), is
subtitle G (§§ 861–865) of title VIII of Pub. L. 107–296,
Nov. 25, 2002, 116 Stat. 2238, also known as the SAFETY
Act, which is classified generally to part G (§ 441 et
seq.) of subchapter VIII of chapter 1 of Title 6, Domestic Security. For complete classification of this Act to
the Code, see Short Title note set out under section 101
of Title 6 and Tables.
AMENDMENTS
2005—Subsec. (g). Pub. L. 109–90 added subsec. (g).
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44921. Federal flight deck officer program
(a) ESTABLISHMENT.—The Under Secretary of
Transportation for Security shall establish a
program to deputize volunteer pilots of air carriers providing air transportation or intrastate
air transportation as Federal law enforcement
officers to defend the flight decks of aircraft of
such air carriers against acts of criminal violence or air piracy. Such officers shall be known
as ‘‘Federal flight deck officers’’.
(b) PROCEDURAL REQUIREMENTS.—
(1) IN GENERAL.—Not later than 3 months
after the date of enactment of this section, the
Under Secretary shall establish procedural requirements to carry out the program under
this section.
(2) COMMENCEMENT OF PROGRAM.—Beginning
3 months after the date of enactment of this
section, the Under Secretary shall begin the
process of training and deputizing pilots who
are qualified to be Federal flight deck officers
as Federal flight deck officers under the program.
(3) ISSUES TO BE ADDRESSED.—The procedural
requirements established under paragraph (1)
shall address the following issues:
(A) The type of firearm to be used by a
Federal flight deck officer.
(B) The type of ammunition to be used by
a Federal flight deck officer.
(C) The standards and training needed to
qualify and requalify as a Federal flight
deck officer.
(D) The placement of the firearm of a Federal flight deck officer on board the aircraft
to ensure both its security and its ease of retrieval in an emergency.
(E) An analysis of the risk of catastrophic
failure of an aircraft as a result of the discharge (including an accidental discharge) of
a firearm to be used in the program into the
avionics, electrical systems, or other sensitive areas of the aircraft.
(F) The division of responsibility between
pilots in the event of an act of criminal violence or air piracy if only 1 pilot is a Federal
flight deck officer and if both pilots are Federal flight deck officers.

Page 952

(G) Procedures for ensuring that the firearm of a Federal flight deck officer does not
leave the cockpit if there is a disturbance in
the passenger cabin of the aircraft or if the
pilot leaves the cockpit for personal reasons.
(H) Interaction between a Federal flight
deck officer and a Federal air marshal on
board the aircraft.
(I) The process for selection of pilots to
participate in the program based on their
fitness to participate in the program, including whether an additional background check
should be required beyond that required by
section 44936(a)(1).
(J) Storage and transportation of firearms
between flights, including international
flights, to ensure the security of the firearms, focusing particularly on whether such
security would be enhanced by requiring
storage of the firearm at the airport when
the pilot leaves the airport to remain overnight away from the pilot’s base airport.
(K) Methods for ensuring that security personnel will be able to identify whether a
pilot is authorized to carry a firearm under
the program.
(L) Methods for ensuring that pilots (including Federal flight deck officers) will be
able to identify whether a passenger is a law
enforcement officer who is authorized to
carry a firearm aboard the aircraft.
(M) Any other issues that the Under Secretary considers necessary.
(N) The Under Secretary’s decisions regarding the methods for implementing each
of the foregoing procedural requirements
shall be subject to review only for abuse of
discretion.
(4) PREFERENCE.—In selecting pilots to participate in the program, the Under Secretary
shall give preference to pilots who are former
military or law enforcement personnel.
(5) CLASSIFIED INFORMATION.—Notwithstanding section 552 of title 5 but subject to section
40119 of this title, information developed under
paragraph (3)(E) shall not be disclosed.
(6) NOTICE TO CONGRESS.—The Under Secretary shall provide notice to the Committee
on Transportation and Infrastructure of the
House of Representatives and the Committee
on Commerce, Science, and Transportation of
the Senate after completing the analysis required by paragraph (3)(E).
(7) MINIMIZATION OF RISK.—If the Under Secretary determines as a result of the analysis
under paragraph (3)(E) that there is a significant risk of the catastrophic failure of an aircraft as a result of the discharge of a firearm,
the Under Secretary shall take such actions as
may be necessary to minimize that risk.
(c) TRAINING, SUPERVISION, AND EQUIPMENT.—
(1) IN GENERAL.—The Under Secretary shall
only be obligated to provide the training, supervision, and equipment necessary for a pilot
to be a Federal flight deck officer under this
section at no expense to the pilot or the air
carrier employing the pilot.
(2) TRAINING.—
(A) IN GENERAL.—The Under Secretary
shall base the requirements for the training

Page 953

TITLE 49—TRANSPORTATION

of Federal flight deck officers under subsection (b) on the training standards applicable to Federal air marshals; except that
the Under Secretary shall take into account
the differing roles and responsibilities of
Federal flight deck officers and Federal air
marshals.
(B) ELEMENTS.—The training of a Federal
flight deck officer shall include, at a minimum, the following elements:
(i) Training to ensure that the officer
achieves the level of proficiency with a
firearm required under subparagraph
(C)(i).
(ii) Training to ensure that the officer
maintains exclusive control over the officer’s firearm at all times, including training in defensive maneuvers.
(iii) Training to assist the officer in determining when it is appropriate to use the
officer’s firearm and when it is appropriate
to use less than lethal force.
(C) TRAINING IN USE OF FIREARMS.—
(i) STANDARD.—In order to be deputized
as a Federal flight deck officer, a pilot
must achieve a level of proficiency with a
firearm that is required by the Under Secretary. Such level shall be comparable to
the level of proficiency required of Federal
air marshals.
(ii) CONDUCT OF TRAINING.—The training
of a Federal flight deck officer in the use
of a firearm may be conducted by the
Under Secretary or by a firearms training
facility approved by the Under Secretary.
(iii) REQUALIFICATION.—The Under Secretary shall require a Federal flight deck
officer to requalify to carry a firearm
under the program. Such requalification
shall occur at an interval required by the
Under Secretary.
(d) DEPUTIZATION.—
(1) IN GENERAL.—The Under Secretary may
deputize, as a Federal flight deck officer under
this section, a pilot who submits to the Under
Secretary a request to be such an officer and
whom the Under Secretary determines is
qualified to be such an officer.
(2) QUALIFICATION.—A pilot is qualified to be
a Federal flight deck officer under this section
if—
(A) the pilot is employed by an air carrier;
(B) the Under Secretary determines (in the
Under Secretary’s discretion) that the pilot
meets the standards established by the
Under Secretary for being such an officer;
and
(C) the Under Secretary determines that
the pilot has completed the training required by the Under Secretary.
(3) DEPUTIZATION BY OTHER FEDERAL AGENCIES.—The Under Secretary may request another Federal agency to deputize, as Federal
flight deck officers under this section, those
pilots that the Under Secretary determines
are qualified to be such officers.
(4) REVOCATION.—The Under Secretary may,1
(in the Under Secretary’s discretion) revoke
1 So

in original. The comma probably should not appear.

§ 44921

the deputization of a pilot as a Federal flight
deck officer if the Under Secretary finds that
the pilot is no longer qualified to be such an
officer.
(e) COMPENSATION.—Pilots participating in the
program under this section shall not be eligible
for compensation from the Federal Government
for services provided as a Federal flight deck officer. The Federal Government and air carriers
shall not be obligated to compensate a pilot for
participating in the program or for the pilot’s
training or qualification and requalification to
carry firearms under the program.
(f) AUTHORITY TO CARRY FIREARMS.—
(1) IN GENERAL.—The Under Secretary shall
authorize a Federal flight deck officer to carry
a firearm while engaged in providing air transportation or intrastate air transportation.
Notwithstanding subsection (c)(1), the officer
may purchase a firearm and carry that firearm aboard an aircraft of which the officer is
the pilot in accordance with this section if the
firearm is of a type that may be used under
the program.
(2) PREEMPTION.—Notwithstanding any other
provision of Federal or State law, a Federal
flight deck officer, whenever necessary to participate in the program, may carry a firearm
in any State and from 1 State to another
State.
(3) CARRYING FIREARMS OUTSIDE UNITED
STATES.—In consultation with the Secretary of
State, the Under Secretary may take such action as may be necessary to ensure that a Federal flight deck officer may carry a firearm in
a foreign country whenever necessary to participate in the program.
(g) AUTHORITY TO USE FORCE.—Notwithstanding section 44903(d), the Under Secretary shall
prescribe the standards and circumstances under
which a Federal flight deck officer may use,
while the program under this section is in effect,
force (including lethal force) against an individual in the defense of the flight deck of an aircraft in air transportation or intrastate air
transportation.
(h) LIMITATION ON LIABILITY.—
(1) LIABILITY OF AIR CARRIERS.—An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of a Federal flight deck officer’s use of
or failure to use a firearm.
(2) LIABILITY OF FEDERAL FLIGHT DECK OFFICERS.—A Federal flight deck officer shall not
be liable for damages in any action brought in
a Federal or State court arising out of the acts
or omissions of the officer in defending the
flight deck of an aircraft against acts of criminal violence or air piracy unless the officer is
guilty of gross negligence or willful misconduct.
(3) LIABILITY OF FEDERAL GOVERNMENT.—For
purposes of an action against the United
States with respect to an act or omission of a
Federal flight deck officer in defending the
flight deck of an aircraft, the officer shall be
treated as an employee of the Federal Government under chapter 171 of title 28, relating to
tort claims procedure.
(i) PROCEDURES FOLLOWING ACCIDENTAL
CHARGES.—If an accidental discharge of a

DISfire-

§ 44922

TITLE 49—TRANSPORTATION

arm under the pilot program results in the injury or death of a passenger or crew member on
an aircraft, the Under Secretary—
(1) shall revoke the deputization of the Federal flight deck officer responsible for that
firearm if the Under Secretary determines
that the discharge was attributable to the negligence of the officer; and
(2) if the Under Secretary determines that a
shortcoming in standards, training, or procedures was responsible for the accidental discharge, the Under Secretary 2 may temporarily
suspend the program until the shortcoming is
corrected.
AUTHORITY OF AIR CARshall prohibit or threaten
any retaliatory action against a pilot employed
by the air carrier from becoming a Federal
flight deck officer under this section. No air carrier shall—
(1) prohibit a Federal flight deck officer
from piloting an aircraft operated by the air
carrier; or
(2) terminate the employment of a Federal
flight deck officer, solely on the basis of his or
her volunteering for or participating in the
program under this section.

(j) LIMITATION ON
RIERS.—No air carrier

(k) APPLICABILITY.—
(1) EXEMPTION.—This section shall not apply
to air carriers operating under part 135 of title
14, Code of Federal Regulations, and to pilots
employed by such carriers to the extent that
such carriers and pilots are covered by section
135.119 of such title or any successor to such
section.
(2) PILOT DEFINED.—The term ‘‘pilot’’ means
an individual who has final authority and responsibility for the operation and safety of the
flight or any other flight deck crew member.
(3) ALL-CARGO AIR TRANSPORTATION.—In this
section, the term ‘‘air transportation’’ includes all-cargo air transportation.
(Added Pub. L. 107–296, title XIV, § 1402(a), Nov.
25, 2002, 116 Stat. 2300; amended Pub. L. 108–176,
title VI, § 609(b), Dec. 12, 2003, 117 Stat. 2570.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (b)(1), (2), is the date of enactment of Pub. L.
107–296, which was approved Nov. 25, 2002.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–176, § 609(b)(1), struck
out ‘‘passenger’’ before ‘‘air transportation’’ in two
places.
Subsec. (k)(2). Pub. L. 108–176, § 609(b)(2), substituted
‘‘or any other flight deck crew member’’ for ‘‘or, if
more than 1 pilot is required for the operation of the
aircraft or by the regulations under which the flight is
being conducted, the individual designated as second in
command’’.
Subsec. (k)(3). Pub. L. 108–176, § 609(b)(3), added par.
(3).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
2 So in original. The words ‘‘the Under Secretary’’ probably
should not appear.

Page 954
EFFECTIVE DATE

Section effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under section
101 of Title 6, Domestic Security.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
EQUITABLE IMPLEMENTATION OF 2003 AMENDMENTS
Pub. L. 108–176, title VI, § 609(c), Dec. 12, 2003, 117 Stat.
2570, provided that: ‘‘In carrying out the amendments
made by subsection (d) [probably means subsec. (b),
which amended this section], the Under Secretary for
Border and Transportation Security of the Department
of Homeland Security shall ensure that passenger and
cargo pilots are treated equitably in receiving access to
training as Federal flight deck officers.’’
TIME FOR IMPLEMENTATION
Pub. L. 108–176, title VI, § 609(d), Dec. 12, 2003, 117 Stat.
2570, provided that: ‘‘The requirements of subsection (e)
[section 609 of Pub. L. 108–176 has no subsec. (e)] shall
have no effect on the deadlines for implementation contained in section 44921 of title 49, United States Code,
as in effect on the day before the date of enactment of
this Act [Dec. 12, 2003].’’

§ 44922. Deputation of State and local law enforcement officers
(a) DEPUTATION AUTHORITY.—The Under Secretary of Transportation for Security may deputize a State or local law enforcement officer to
carry out Federal airport security duties under
this chapter.
(b) FULFILLMENT OF REQUIREMENTS.—A State
or local law enforcement officer who is deputized under this section shall be treated as a
Federal law enforcement officer for purposes of
meeting the requirements of this chapter and
other provisions of law to provide Federal law
enforcement officers to carry out Federal airport security duties.
(c) AGREEMENTS.—To deputize a State or local
law enforcement officer under this section, the
Under Secretary shall enter into a voluntary
agreement with the appropriate State or local
law enforcement agency that employs the State
or local law enforcement officer.
(d) REIMBURSEMENT.—
(1) IN GENERAL.—The Under Secretary shall
reimburse a State or local law enforcement
agency for all reasonable, allowable, and allocable costs incurred by the State or local law
enforcement agency with respect to a law enforcement officer deputized under this section.
(2) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated such
sums as may be necessary to carry out this
subsection.
(e) FEDERAL TORT CLAIMS ACT.—A State or
local law enforcement officer who is deputized
under this section shall be treated as an ‘‘employee of the Government’’ for purposes of sec-

Page 955

TITLE 49—TRANSPORTATION

tions 1346(b), 2401(b), and chapter 171 of title 28,
United States Code, while carrying out Federal
airport security duties within the course and
scope of the officer’s employment, subject to
Federal supervision and control, and in accordance with the terms of such deputation.
(f) STATIONING OF OFFICERS.—The Under Secretary may allow law enforcement personnel to
be stationed other than at the airport security
screening location if that would be preferable
for law enforcement purposes and if such personnel would still be able to provide prompt responsiveness to problems occurring at the screening
location.
(Added Pub. L. 108–7, div. I, title III, § 351(a), Feb.
20, 2003, 117 Stat. 419.)
§ 44923. Airport security improvement projects
(a) GRANT AUTHORITY.—Subject to the requirements of this section, the Under Secretary for
Border and Transportation Security of the Department of Homeland Security shall make
grants to airport sponsors—
(1) for projects to replace baggage conveyer
systems related to aviation security;
(2) for projects to reconfigure terminal baggage areas as needed to install explosive detection systems;
(3) for projects to enable the Under Secretary to deploy explosive detection systems
behind the ticket counter, in the baggage sorting area, or in line with the baggage handling
system; and
(4) for other airport security capital improvement projects.
(b) APPLICATIONS.—A sponsor seeking a grant
under this section shall submit to the Under
Secretary an application in such form and containing such information as the Under Secretary
prescribes.
(c) APPROVAL.—The Under Secretary, after
consultation with the Secretary of Transportation, may approve an application of a sponsor
for a grant under this section only if the Under
Secretary determines that the project will improve security at an airport or improve the efficiency of the airport without lessening security.
(d) LETTERS OF INTENT.—
(1) ISSUANCE.—The Under Secretary shall
issue a letter of intent to a sponsor committing to obligate from future budget authority
an amount, not more than the Federal Government’s share of the project’s cost, for an airport security improvement project (including
interest costs and costs of formulating the
project).
(2) SCHEDULE.—A letter of intent under this
subsection shall establish a schedule under
which the Under Secretary will reimburse the
sponsor for the Government’s share of the
project’s costs, as amounts become available,
if the sponsor, after the Under Secretary issues the letter, carries out the project without
receiving amounts under this section.
(3) NOTICE TO UNDER SECRETARY.—A sponsor
that has been issued a letter of intent under
this subsection shall notify the Under Secretary of the sponsor’s intent to carry out a
project before the project begins.
(4) NOTICE TO CONGRESS.—The Under Secretary shall transmit to the Committees on

§ 44923

Appropriations and Transportation and Infrastructure of the House of Representatives and
the Committees on Appropriations and Commerce, Science and Transportation of the Senate a written notification at least 3 days before the issuance of a letter of intent under
this section.
(5) LIMITATIONS.—A letter of intent issued
under this subsection is not an obligation of
the Government under section 1501 of title 31,
and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be
made only as amounts are provided in authorization and appropriations laws.
(6) STATUTORY CONSTRUCTION.—Nothing in
this subsection shall be construed to prohibit
the obligation of amounts pursuant to a letter
of intent under this subsection in the same fiscal year as the letter of intent is issued.
(e) FEDERAL SHARE.—
(1) IN GENERAL.—The Government’s share of
the cost of a project under this section shall
be 90 percent for a project at a medium or
large hub airport and 95 percent for a project
at any other airport.
(2) EXISTING LETTERS OF INTENT.—The Under
Secretary shall revise letters of intent issued
before the date of enactment of this section to
reflect the cost share established in this subsection with respect to grants made after September 30, 2003.
(f) SPONSOR DEFINED.—In this section, the
term ‘‘sponsor’’ has the meaning given that
term in section 47102.
(g) APPLICABILITY OF CERTAIN REQUIREMENTS.—The requirements that apply to grants
and letters of intent issued under chapter 471
(other than section 47102(3)) shall apply to
grants and letters of intent issued under this
section.
(h) AVIATION SECURITY CAPITAL FUND.—
(1) IN GENERAL.—There is established within
the Department of Homeland Security a fund
to be known as the Aviation Security Capital
Fund. The first $250,000,000 derived from fees
received under section 44940(a)(1) in each of fiscal years 2004 through 2028 shall be available
to be deposited in the Fund. The Under Secretary shall impose the fee authorized by section 44940(a)(1) so as to collect at least
$250,000,000 in each of such fiscal years for deposit into the Fund. Amounts in the Fund
shall be available to the Under Secretary to
make grants under this section.
(2) ALLOCATION.—Of the amount made available under paragraph (1) for a fiscal year, not
less than $200,000,000 shall be allocated to fulfill letters of intent issued under subsection
(d).
(3) DISCRETIONARY GRANTS.—Of the amount
made available under paragraph (1) for a fiscal
year, up to $50,000,000 shall be used to make
discretionary grants, including other transaction agreements for airport security improvement projects, with priority given to
small hub airports and nonhub airports.
(i) LEVERAGED FUNDING.—For purposes of this
section, a grant under subsection (a) to an airport sponsor to service an obligation issued by

§ 44924

TITLE 49—TRANSPORTATION

or on behalf of that sponsor to fund a project described in subsection (a) shall be considered to
be a grant for that project.
(j) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to amounts
made available under subsection (h), there is
authorized to be appropriated to carry out this
section $400,000,000 for each of fiscal years 2005,
2006, and 2007, and $450,000,000 for each of fiscal
years 2008 through 2011 1 Such sums shall remain available until expended.
(2) ALLOCATIONS.—50 percent of amounts appropriated pursuant to this subsection for a
fiscal year shall be used for making allocations under subsection (h)(2) and 50 percent of
such amounts shall be used for making discretionary grants under subsection (h)(3).
(Added Pub. L. 108–176, title VI, § 605(a), Dec. 12,
2003, 117 Stat. 2566; amended Pub. L. 108–458, title
IV, § 4019(e)(1), Dec. 17, 2004, 118 Stat. 3722; Pub.
L. 110–53, title XVI, §§ 1603(a), 1604(a), Aug. 3,
2007, 121 Stat. 480.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (e)(2), is the date of enactment of Pub. L.
108–176, which was approved Dec. 12, 2003.
AMENDMENTS
2007—Subsec. (a). Pub. L. 110–53, § 1604(a)(1), substituted ‘‘shall make’’ for ‘‘may make’’ in introductory
provisions.
Subsec. (d)(1). Pub. L. 110–53, § 1604(a)(2), substituted
‘‘shall issue’’ for ‘‘may issue’’.
Subsec. (h)(1). Pub. L. 110–53, § 1604(a)(3), substituted
‘‘2028’’ for ‘‘2007’’.
Subsec. (h)(2), (3). Pub. L. 110–53, § 1604(a)(4), added
pars. (2) and (3) and struck out former pars. (2) and (3)
which related to allocation of $125,000,000 of amount
available per fiscal year for large, medium, and small
hub airports, nonhub airports, and on the basis of aviation security risks, and allocation of $125,000,000 of
amount available per fiscal year for discretionary
grants, with priority given to fulfilling letters of intent
issued under subsec. (d).
Subsec. (i). Pub. L. 110–53, § 1604(a)(6), added subsec.
(i). Former subsec. (i) redesignated (j).
Subsec. (i)(1). Pub. L. 110–53, § 1603(a), substituted
‘‘2007, and $450,000,000 for each of fiscal years 2008
through 2011’’ for ‘‘2007.’’
Subsec. (j). Pub. L. 110–53, § 1604(a)(5), redesignated
subsec. (i) as (j).
2004—Subsec. (i)(1). Pub. L. 108–458 substituted
‘‘$400,000,000 for each of fiscal years 2005, 2006, and 2007’’
for ‘‘$250,000,000 for each of fiscal years 2004 through
2007’’.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.
PRIORITIZATION OF PROJECTS
Pub. L. 110–53, title XVI, § 1604(b), Aug. 3, 2007, 121
Stat. 480, provided that:
‘‘(1) IN GENERAL.—The Administrator of the Transportation Security Administration shall establish a prioritization schedule for airport security improvement
projects described in section 44923 of title 49, United
States Code, based on risk and other relevant factors,
to be funded under that section. The schedule shall in1 So

in original. Probably should be followed by a period.

Page 956

clude both hub airports referred to in paragraphs (29),
(31), and (42) of section 40102[(a)] of such title and
nonhub airports (as defined in section 47102(13) of such
title).
‘‘(2) AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.—
The schedule shall include airports that have incurred
eligible costs associated with development of partial or
completed in-line baggage systems before the date of
enactment of this Act [Aug. 3, 2007] in reasonable anticipation of receiving a grant under section 44923 of
title 49, United States Code, in reimbursement of those
costs but that have not received such a grant.
‘‘(3) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Administrator shall provide a copy of the prioritization schedule, a corresponding timeline, and a description of the funding allocation under section 44923 of title 49, United States Code,
to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives.’’
PERIOD OF REIMBURSEMENT
Pub. L. 108–458, title IV, § 4019(e)(2), Dec. 17, 2004, 118
Stat. 3722, provided that: ‘‘Notwithstanding any other
provision of law, the Secretary [of Homeland Security]
may provide that the period of reimbursement under
any letter of intent may extend for a period not to exceed 10 years after the date that the Secretary issues
such letter, subject to the availability of appropriations. This paragraph applies to letters of intent issued
under section 44923 of title 49, United States Code, and
letters of intent issued under section 367 of the Department of Transportation and Related Agencies Appropriation Act, 2003 [Pub. L. 108–7, div. I] (49 U.S.C. 47110
note).’’

§ 44924. Repair station security
(a) SECURITY REVIEW AND AUDIT.—To ensure
the security of maintenance and repair work
conducted on air carrier aircraft and components at foreign repair stations, the Under Secretary for Border and Transportation Security
of the Department of Homeland Security, in
consultation with the Administrator of the Federal Aviation Administration, shall complete a
security review and audit of foreign repair stations that are certified by the Administrator
under part 145 of title 14, Code of Federal Regulations, and that work on air carrier aircraft
and components. The review shall be completed
not later than 6 months after the date on which
the Under Secretary issues regulations under
subsection (f).
(b) ADDRESSING SECURITY CONCERNS.—The
Under Secretary shall require a foreign repair
station to address the security issues and vulnerabilities identified in a security audit conducted under subsection (a) within 90 days of
providing notice to the repair station of the security issues and vulnerabilities so identified
and shall notify the Administrator that a deficiency was identified in the security audit.
(c) SUSPENSIONS AND REVOCATIONS OF CERTIFICATES.—
(1) FAILURE TO CARRY OUT EFFECTIVE SECURITY MEASURES.—If, after the 90th day on
which a notice is provided to a foreign repair
station under subsection (b), the Under Secretary determines that the foreign repair station does not maintain and carry out effective
security measures, the Under Secretary shall
notify the Administrator of the determination. Upon receipt of the determination, the
Administrator shall suspend the certification

Page 957

TITLE 49—TRANSPORTATION

of the repair station until such time as the
Under Secretary determines that the repair
station maintains and carries out effective security measures and transmits the determination to the Administrator.
(2) IMMEDIATE SECURITY RISK.—If the Under
Secretary determines that a foreign repair
station poses an immediate security risk, the
Under Secretary shall notify the Administrator of the determination. Upon receipt of
the determination, the Administrator shall revoke the certification of the repair station.
(3) PROCEDURES FOR APPEALS.—The Under
Secretary, in consultation with the Administrator, shall establish procedures for appealing
a revocation of a certificate under this subsection.
(d) FAILURE TO MEET AUDIT DEADLINE.—If the
security audits required by subsection (a) are
not completed on or before the date that is 6
months after the date on which the Under Secretary issues regulations under subsection (f),
the Administrator shall be barred from certifying any foreign repair station (other than a station that was previously certified, or is in the
process of certification, by the Administration
under this part) until such audits are completed
for existing stations.
(e) PRIORITY FOR AUDITS.—In conducting the
audits described in subsection (a), the Under
Secretary and the Administrator shall give priority to foreign repair stations located in countries identified by the Government as posing the
most significant security risks.
(f) REGULATIONS.—Not later than 240 days after
the date of enactment of this section, the Under
Secretary, in consultation with the Administrator, shall issue final regulations to ensure
the security of foreign and domestic aircraft repair stations.
(g) REPORT TO CONGRESS.—If the Under Secretary does not issue final regulations before the
deadline specified in subsection (f), the Under
Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing an explanation as to why
the deadline was not met and a schedule for issuing the final regulations.
(Added Pub. L. 108–176, title VI, § 611(b)(1), Dec.
12, 2003, 117 Stat. 2571; amended Pub. L. 110–53,
title XVI, § 1616(b), Aug. 3, 2007, 121 Stat. 488.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (f), is the date of enactment of Pub. L. 108–176,
which was approved Dec. 12, 2003.
AMENDMENTS
2007—Subsec. (a). Pub. L. 110–53, § 1616(b)(1), substituted ‘‘6 months’’ for ‘‘18 months’’.
Subsec. (d). Pub. L. 110–53, § 1616(b)(2), inserted
‘‘(other than a station that was previously certified, or
is in the process of certification, by the Administration
under this part)’’ after ‘‘foreign repair station’’.
Pub. L. 110–53, § 1616(b)(1), which directed amendment
of subsec. (b) by substituting ‘‘6 months’’ for ‘‘18
months’’, was executed by making the substitution in
subsec. (d), to reflect the probable intent of Congress.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically pro-

§ 44925

vided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.
SUSPENSION OF CERTIFICATION OF FOREIGN REPAIR
STATIONS
Pub. L. 110–53, title XVI, § 1616(a), Aug. 3, 2007, 121
Stat. 488, provided that: ‘‘If the regulations required by
section 44924(f) of title 49, United States Code, are not
issued within 1 year after the date of enactment of this
Act [Aug. 3, 2007], the Administrator of the Federal
Aviation Administration may not certify any foreign
repair station under part 145 of title 14, Code of Federal
Regulations, after such date unless the station was previously certified, or is in the process of certification by
the Administration under that part.’’

§ 44925. Deployment and use of detection equipment at airport screening checkpoints
(a) WEAPONS AND EXPLOSIVES.—The Secretary
of Homeland Security shall give a high priority
to developing, testing, improving, and deploying, at airport screening checkpoints, equipment
that detects nonmetallic, chemical, biological,
and radiological weapons, and explosives, in all
forms, on individuals and in their personal property. The Secretary shall ensure that the equipment alone, or as part of an integrated system,
can detect under realistic operating conditions
the types of weapons and explosives that terrorists would likely try to smuggle aboard an air
carrier aircraft.
(b) STRATEGIC PLAN FOR DEPLOYMENT AND USE
OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT
SCREENING CHECKPOINTS.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this section, the Assistant Secretary of Homeland Security
(Transportation
Security
Administration)
shall submit to the appropriate congressional
committees a strategic plan to promote the
optimal utilization and deployment of explosive detection equipment at airports to screen
individuals and their personal property. Such
equipment includes walk-through explosive
detection portals, document scanners, shoe
scanners, and backscatter x-ray scanners. The
plan may be submitted in a classified format.
(2) CONTENT.—The strategic plan shall include, at minimum—
(A) a description of current efforts to detect explosives in all forms on individuals
and in their personal property;
(B) a description of the operational applications of explosive detection equipment at
airport screening checkpoints;
(C) a deployment schedule and a description of the quantities of equipment needed
to implement the plan;
(D) a description of funding needs to implement the plan, including a financing plan
that provides for leveraging of non-Federal
funding;
(E) a description of the measures taken
and anticipated to be taken in carrying out
subsection (d); and
(F) a description of any recommended legislative actions.
(3) IMPLEMENTATION.—The Secretary shall
begin implementation of the strategic plan
within one year after the date of enactment of
this paragraph.

§ 44926

TITLE 49—TRANSPORTATION

(c) PORTAL DETECTION SYSTEMS.—There is authorized to be appropriated to the Secretary of
Homeland Security for the use of the Transportation Security Administration $250,000,000, in
addition to any amounts otherwise authorized
by law, for research, development, and installation of detection systems and other devices for
the detection of biological, chemical, radiological, and explosive materials.
(d) INTERIM ACTION.—Until measures are implemented that enable the screening of all passengers for explosives, the Assistant Secretary
shall provide, by such means as the Assistant
Secretary considers appropriate, explosives detection screening for all passengers identified
for additional screening and their personal property that will be carried aboard a passenger aircraft operated by an air carrier or foreign air
carrier in air transportation or intrastate air
transportation.
(Added Pub. L. 108–458, title IV, § 4013(a), Dec. 17,
2004, 118 Stat. 3719; amended Pub. L. 110–53, title
XVI, § 1607(b), Aug. 3, 2007, 121 Stat. 483.)
REFERENCES IN TEXT
The date of enactment of this section, referred to
subsec. (b)(1), is the date of enactment of Pub.
108–458, which was approved Dec. 17, 2004.
The date of enactment of this paragraph, referred
in subsec. (b)(3), is the date of enactment of Pub.
110–53, which was approved Aug. 3, 2007.

in
L.
to
L.

AMENDMENTS
2007—Subsec. (b)(3). Pub. L. 110–53 added par. (3).
ISSUANCE OF STRATEGIC PLAN FOR DEPLOYMENT AND
USE OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS
Pub. L. 110–53, title XVI, § 1607(a), Aug. 3, 2007, 121
Stat. 483, provided that: ‘‘Not later than 30 days after
the date of enactment of this Act [Aug. 3, 2007], the
Secretary of Homeland Security, in consultation with
the Administrator of the Transportation Security Administration, shall issue the strategic plan the Secretary was required by section 44925(b) of title 49,
United States Code, to have issued within 90 days after
the date of enactment of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108–458)
[Dec. 17, 2004].’’
ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES
Pub. L. 108–458, title IV, § 4014, Dec. 17, 2004, 118 Stat.
3720, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), not
later than Mar. 31, 2005, to develop and initiate a pilot
program to deploy and test advanced airport checkpoint screening devices and technology as an integrated system at not less than 5 airports in the United
States.

§ 44926. Appeal and redress process for passengers wrongly delayed or prohibited from
boarding a flight
(a) IN GENERAL.—The Secretary of Homeland
Security shall establish a timely and fair process for individuals who believe they have been
delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat under the regimes utilized by
the Transportation Security Administration,
United States Customs and Border Protection,
or any other office or component of the Department of Homeland Security.

Page 958

(b) OFFICE OF APPEALS AND REDRESS.—
(1) ESTABLISHMENT.—The Secretary shall establish in the Department an Office of Appeals
and Redress to implement, coordinate, and
execute the process established by the Secretary pursuant to subsection (a). The Office
shall include representatives from the Transportation Security Administration, United
States Customs and Border Protection, and
such other offices and components of the Department as the Secretary determines appropriate.
(2) RECORDS.—The process established by the
Secretary pursuant to subsection (a) shall include the establishment of a method by which
the Office, under the direction of the Secretary, will be able to maintain a record of air
carrier passengers and other individuals who
have been misidentified and have corrected erroneous information.
(3)
INFORMATION.—To
prevent
repeated
delays of an 1 misidentified passenger or other
individual, the Office shall—
(A) ensure that the records maintained
under this subsection contain information
determined by the Secretary to authenticate
the identity of such a passenger or individual;
(B) furnish to the Transportation Security
Administration, United States Customs and
Border Protection, or any other appropriate
office or component of the Department, upon
request, such information as may be necessary to allow such office or component to
assist air carriers in improving their administration of the advanced passenger prescreening system and reduce the number of
false positives; and
(C) require air carriers and foreign air carriers take action to identify passengers determined, under the process established
under subsection (a), to have been wrongly
identified.
(4) HANDLING OF PERSONALLY IDENTIFIABLE
INFORMATION.—The Secretary, in conjunction
with the Chief Privacy Officer of the Department shall—
(A) require that Federal employees of the
Department handling personally identifiable
information of passengers (in this paragraph
referred to as ‘‘PII’’) complete mandatory
privacy and security training prior to being
authorized to handle PII;
(B) ensure that the records maintained
under this subsection are secured by encryption,
one-way
hashing,
other
data
anonymization techniques, or such other
equivalent security technical protections as
the Secretary determines necessary;
(C) limit the information collected from
misidentified passengers or other individuals
to the minimum amount necessary to resolve a redress request;
(D) require that the data generated under
this subsection shall be shared or transferred
via a secure data network, that has been audited to ensure that the anti-hacking and
other security related software functions
properly and is updated as necessary;
1 So

in original.

Page 959

§ 44934

TITLE 49—TRANSPORTATION

(E) ensure that any employee of the Department receiving the data contained within the records handles the information in accordance with the section 552a of title 5,
United States Code, and the Federal Information Security Management Act of 2002
(Public Law 107–296);
(F) only retain the data for as long as
needed to assist the individual traveler in
the redress process; and
(G) conduct and publish a privacy impact
assessment of the process described within
this subsection and transmit the assessment
to the Committee on Homeland Security of
the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and Committee on
Homeland Security and Governmental Affairs of the Senate.
(5) INITIATION OF REDRESS PROCESS AT AIRPORTS.—The Office shall establish at each airport at which the Department has a significant presence a process to provide information
to air carrier passengers to begin the redress
process established pursuant to subsection (a).
(Added Pub. L. 110–53, title XVI, § 1606(a), Aug. 3,
2007, 121 Stat. 482.)
REFERENCES IN TEXT
The Federal Information Security Management Act
of 2002, referred to in subsec. (b)(4)(E), is title X of Pub.
L. 107–296, Nov. 25, 116 Stat. 2259. For complete classification of this Act to the Code, see Short Title note
set out under section 101 of Title 6, Domestic Security,
and Tables.

SUBCHAPTER II—ADMINISTRATION AND
PERSONNEL
[§§ 44931, 44932. Repealed. Pub. L. 107–71, title I,
§ 101(f)(6), Nov. 19, 2001, 115 Stat. 603]
Section 44931, Pub. L. 103–272, § 1(e), July 5, 1994, 108
Stat. 1215, related to the Director of Intelligence and
Security.
Section 44932, Pub. L. 103–272, § 1(e), July 5, 1994, 108
Stat. 1215; Pub. L. 107–71, title I, § 110(a), Nov. 19, 2001,
115 Stat. 614, related to the Assistant Administrator for
Civil Aviation Security.

§ 44933. Federal Security Managers
(a) ESTABLISHMENT,
TIONING.—The Under

DESIGNATION, AND STASecretary of Transportation for Security shall establish the position
of Federal Security Manager at each airport in
the United States described in section 44903(c).
The Under Secretary shall designate individuals
as Managers for, and station those Managers at,
those airports.
(b) DUTIES AND POWERS.—The Manager at each
airport shall—
(1) oversee the screening of passengers and
property at the airport; and
(2) carry out other duties prescribed by the
Under Secretary.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1216;
Pub. L. 107–71, title I, §§ 101(f)(4), 103, Nov. 19,
2001, 115 Stat. 603, 605.)

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44933(a) ......

49 App.:1358b(a)(1),
(2), (4).

44933(b) ......
44933(c) ......

49 App.:1358b(a)(3).
49 App.:1358b(a)(5).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 319(a); added
Nov. 16, 1990, Pub. L.
101–604, § 104, 104 Stat.
3070.

In subsection (a), the words ‘‘Not later than 90 days
after November 16, 1990’’ are omitted as obsolete. The
words ‘‘The Administrator shall designate individuals
as Managers for, and station those Managers at, those
airports’’ are substituted for ‘‘and shall begin designating persons as such Managers and stationing such Managers at such airports’’ for clarity and because of the
restatement. The words ‘‘and designate a current field
employee of the Administration as a Manager’’ are substituted for ‘‘assign the functions and responsibilities
described in this section to existing Federal Aviation
Administration field personnel and designate such personnel accordingly’’ to eliminate unnecessary words.
The words ‘‘to the office of’’ are omitted as unnecessary. The words ‘‘Not later than 1 year after November
16, 1990’’ are omitted as obsolete. The words ‘‘Secretary
of Transportation’’ are substituted for ‘‘Department of
Transportation’’ because of 49:102.
In subsection (b), before clause (1), the words ‘‘The
Manager at each airport shall’’ are substituted for
‘‘The responsibilities of a Federal Security Manager
shall include the following’’ to eliminate unnecessary
words. In clause (2)(A), the words ‘‘air carrier’’ are substituted for ‘‘such air carrier’’ because this is the first
time the term is used in the source provisions. In
clause (3), the words ‘‘United States Government’’ are
substituted for ‘‘Federal’’ for clarity and consistency in
the revised title and with other titles of the United
States Code. In clause (7), the words ‘‘other Managers’’
are substituted for ‘‘Federal Security Managers at
other airports, as appropriate’’ to eliminate unnecessary words.
In subsection (c), the words ‘‘duties and powers’’ are
substituted for ‘‘responsibilities’’ for clarity and consistency in the revised title and with other titles of the
Code.
AMENDMENTS
2001—Pub. L. 107–71, § 103, amended section generally,
substituting provisions relating to designation, establishment, and stationing procedures and duties and
powers for provisions which contained a more detailed
listing of responsibilities and a prohibition against a
Civil Aviation Security Field Officer being assigned security duties and powers at an airport having a Manager.
Subsec. (a). Pub. L. 107–71, § 101(f)(4), substituted
‘‘Under Secretary’’ for ‘‘Assistant Administrator for
Civil Aviation Security’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44934. Foreign Security Liaison Officers
(a) ESTABLISHMENT,
TIONING.—The Under

DESIGNATION, AND STASecretary of Transportation for Security shall establish the position
of Foreign Security Liaison Officer for each air-

§ 44935

TITLE 49—TRANSPORTATION

port outside the United States at which the
Under Secretary decides an Officer is necessary
for air transportation security. In coordination
with the Secretary of State, the Under Secretary shall designate an Officer for each of
those airports. In coordination with the Secretary, the Under Secretary shall designate an
Officer for each of those airports where extraordinary security measures are in place. The Secretary shall give high priority to stationing
those Officers.
(b) DUTIES AND POWERS.—An Officer reports directly to the Under Secretary. The Officer at
each airport shall—
(1) serve as the liaison of the Under Secretary to foreign security authorities (including governments of foreign countries and foreign airport authorities) in carrying out
United States Government security requirements at that airport; and
(2) to the extent practicable, carry out duties and powers referred to in section 44933(b)
of this title.
(c) COORDINATION OF ACTIVITIES.—The activities of each Officer shall be coordinated with the
chief of the diplomatic mission of the United
States to which the Officer is assigned. Activities of an Officer under this section shall be consistent with the duties and powers of the Secretary and the chief of mission to a foreign
country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4802) and section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1217;
Pub. L. 107–71, title I, § 101(f)(4), (5), (7), (9), Nov.
19, 2001, 115 Stat. 603.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44934(a) ......

49 App.:1358b(b)(1),
(2).

44934(b) ......

49 App.:1358b(b)(3),
(4).
49 App.:1358b(b)(5).

44934(c) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 319(b); added
Nov. 16, 1990, Pub. L.
101–604, § 104, 104 Stat.
3071.

In subsection (a), the words ‘‘Not later than 90 days
after November 16, 1990’’ are omitted as obsolete. The
words ‘‘shall designate’’ are substituted for ‘‘shall
begin assigning’’ for consistency with the source provisions restated in section 44933 of the revised title and
because of the restatement. The words ‘‘Not later than
2 years after November 16, 1990’’ are omitted as obsolete. The word ‘‘designate’’ is substituted for ‘‘assign’’
for consistency with the source provisions restated in
section 44933 of the revised title. The words ‘‘outside
the United States’’ are omitted as unnecessary.
In subsection (b), before clause (1), the words ‘‘to the
office of’’ are omitted as unnecessary. In clause (1), the
words ‘‘governments of foreign countries and foreign
airport authorities’’ are substituted for ‘‘foreign governments and airport authorities’’ for clarity and consistency in the revised title and with other titles of the
United States Code. In clause (2), the words ‘‘duties and
powers’’ are substituted for ‘‘responsibilities’’ for consistency in the revised title and with other titles of the
Code.
In subsection (c), the words ‘‘duties and powers’’ are
substituted for ‘‘authorities’’ for clarity and consistency in the revised title and with other titles of the
Code.

Page 960
AMENDMENTS

2001—Subsec. (a). Pub. L. 107–71, § 101(f)(7), (9), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ wherever appearing and ‘‘of Transportation for Security’’
for ‘‘of the Federal Aviation Administration’’.
Subsec. (b). Pub. L. 107–71, § 101(f)(4), substituted
‘‘Under Secretary’’ for ‘‘Assistant Administrator for
Civil Aviation Security’’ in introductory provisions.
Subsec. (b)(1). Pub. L. 107–71, § 101(f)(5), substituted
‘‘Under Secretary’’ for ‘‘Assistant Administrator’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44935. Employment standards and training
(a) EMPLOYMENT STANDARDS.—The Under Secretary of Transportation for Security shall prescribe standards for the employment and continued employment of, and contracting for, air
carrier personnel and, as appropriate, airport security personnel. The standards shall include—
(1) minimum training requirements for new
employees;
(2) retraining requirements;
(3) minimum staffing levels;
(4) minimum language skills; and
(5) minimum education levels for employees,
when appropriate.
(b) REVIEW AND RECOMMENDATIONS.—In coordination with air carriers, airport operators, and
other interested persons, the Under Secretary
shall review issues related to human performance in the aviation security system to maximize that performance. When the review is completed, the Under Secretary shall recommend
guidelines and prescribe appropriate changes in
existing procedures to improve that performance.
(c) SECURITY PROGRAM TRAINING, STANDARDS,
AND QUALIFICATIONS.—(1) The Under Secretary—
(A) may train individuals employed to carry
out a security program under section 44903(c)
of this title; and
(B) shall prescribe uniform training standards and uniform minimum qualifications for
individuals eligible for that training.
(2) The Under Secretary may authorize reimbursement for travel, transportation, and subsistence expenses for security training of nonUnited States Government domestic and foreign
individuals whose services will contribute significantly to carrying out civil aviation security
programs. To the extent practicable, air travel
reimbursed under this paragraph shall be on air
carriers.
(d) EDUCATION AND TRAINING STANDARDS FOR
SECURITY COORDINATORS, SUPERVISORY PERSONNEL, AND PILOTS.—(1) The Under Secretary shall
prescribe standards for educating and training—
(A) ground security coordinators;
(B) security supervisory personnel; and
(C) airline pilots as in-flight security coordinators.

Page 961

TITLE 49—TRANSPORTATION

(2) The standards shall include initial training, retraining, and continuing education requirements and methods. Those requirements
and methods shall be used annually to measure
the performance of ground security coordinators
and security supervisory personnel.
(e) SECURITY SCREENERS.—
(1) TRAINING PROGRAM.—The Under Secretary of Transportation for Security shall establish a program for the hiring and training
of security screening personnel.
(2) HIRING.—
(A) QUALIFICATIONS.—Within 30 days after
the date of enactment of the Aviation and
Transportation Security Act, the Under Secretary shall establish qualification standards for individuals to be hired by the United
States as security screening personnel. Notwithstanding any provision of law, those
standards shall require, at a minimum, an
individual—
(i) to have a satisfactory or better score
on a Federal security screening personnel
selection examination;
(ii) to be a citizen of the United States
or a national of the United States, as defined in section 1101(a)(22) 1 of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
(iii) to meet, at a minimum, the requirements set forth in subsection (f);
(iv) to meet such other qualifications as
the Under Secretary may establish; and
(v) to have the ability to demonstrate
daily a fitness for duty without any impairment due to illegal drugs, sleep deprivation, medication, or alcohol.
(B) BACKGROUND CHECKS.—The Under Secretary shall require that an individual to be
hired as a security screener undergo an employment investigation (including a criminal history record check) under section
44936(a)(1).
(C) DISQUALIFICATION OF INDIVIDUALS WHO
PRESENT NATIONAL SECURITY RISKS.—The
Under Secretary, in consultation with the
heads of other appropriate Federal agencies,
shall establish procedures, in addition to
any background check conducted under section 44936, to ensure that no individual who
presents a threat to national security is employed as a security screener.
(3) EXAMINATION; REVIEW
RULES.—The Under Secretary

OF

EXISTING

shall develop a
security screening personnel examination for
use in determining the qualification of individuals seeking employment as security
screening personnel. The Under Secretary
shall also review, and revise as necessary, any
standard, rule, or regulation governing the
employment of individuals as security screening personnel.
(f) EMPLOYMENT STANDARDS FOR SCREENING
PERSONNEL.—
(1) SCREENER REQUIREMENTS.—Notwithstanding any provision of law, an individual may
not be deployed as a security screener unless
that individual meets the following requirements:
1 So

in original. Probably should be section ‘‘101(a)(22)’’.

§ 44935

(A) The individual shall possess a high
school diploma, a general equivalency diploma, or experience that the Under Secretary has determined to be sufficient for
the individual to perform the duties of the
position.
(B) The individual shall possess basic aptitudes and physical abilities, including color
perception, visual and aural acuity, physical
coordination, and motor skills, to the following standards:
(i) Screeners operating screening equipment shall be able to distinguish on the
screening equipment monitor the appropriate imaging standard specified by the
Under Secretary.
(ii) Screeners operating any screening
equipment shall be able to distinguish
each color displayed on every type of
screening equipment and explain what
each color signifies.
(iii) Screeners shall be able to hear and
respond to the spoken voice and to audible
alarms generated by screening equipment
in an active checkpoint environment.
(iv)
Screeners
performing
physical
searches or other related operations shall
be able to efficiently and thoroughly manipulate and handle such baggage, containers, and other objects subject to security processing.
(v) Screeners who perform pat-downs or
hand-held metal detector searches of individuals shall have sufficient dexterity and
capability to thoroughly conduct those
procedures over an individual’s entire
body.
(C) The individual shall be able to read,
speak, and write English well enough to—
(i) carry out written and oral instructions regarding the proper performance of
screening duties;
(ii) read English language identification
media, credentials, airline tickets, and labels on items normally encountered in the
screening process;
(iii) provide direction to and understand
and answer questions from English-speaking individuals undergoing screening; and
(iv) write incident reports and statements and log entries into security records
in the English language.
(D) The individual shall have satisfactorily
completed all initial, recurrent, and appropriate specialized training required by the
security program, except as provided in
paragraph (3).
(2) VETERANS PREFERENCE.—The Under Secretary shall provide a preference for the hiring
of an individual as a security screener if the
individual is a member or former member of
the armed forces and if the individual is entitled, under statute, to retired, retirement, or
retainer pay on account of service as a member of the armed forces.
(3) EXCEPTIONS.—An individual who has not
completed the training required by this section may be deployed during the on-the-job
portion of training to perform functions if
that individual—

§ 44935

TITLE 49—TRANSPORTATION

(A) is closely supervised; and
(B) does not make independent judgments
as to whether individuals or property may
enter a sterile area or aircraft without further inspection.
(4) REMEDIAL TRAINING.—No individual employed as a security screener may perform a
screening function after that individual has
failed an operational test related to that function until that individual has successfully
completed the remedial training specified in
the security program.
(5) ANNUAL PROFICIENCY REVIEW.—The Under
Secretary shall provide that an annual evaluation of each individual assigned screening duties is conducted and documented. An individual employed as a security screener may not
continue to be employed in that capacity unless the evaluation demonstrates that the individual—
(A) continues to meet all qualifications
and standards required to perform a screening function;
(B) has a satisfactory record of performance and attention to duty based on the
standards and requirements in the security
program; and
(C) demonstrates the current knowledge
and skills necessary to courteously, vigilantly, and effectively perform screening
functions.
(6) OPERATIONAL TESTING.—In addition to the
annual proficiency review conducted under
paragraph (5), the Under Secretary shall provide for the operational testing of such personnel.
(g) TRAINING.—
(1) USE OF OTHER AGENCIES.—The Under Secretary may enter into a memorandum of understanding or other arrangement with any
other Federal agency or department with appropriate law enforcement responsibilities, to
provide personnel, resources, or other forms of
assistance in the training of security screening personnel.
(2) TRAINING PLAN.—Within 60 days after the
date of enactment of the Aviation and Transportation Security Act, the Under Secretary
shall develop a plan for the training of security screening personnel. The plan shall require, at a minimum, that a security screener—
(A) has completed 40 hours of classroom
instruction or successfully completed a program that the Under Secretary determines
will train individuals to a level of proficiency equivalent to the level that would
be achieved by such classroom instruction;
(B) has completed 60 hours of on-the-job
instructions; and
(C) has successfully completed an on-thejob training examination prescribed by the
Under Secretary.
(3) EQUIPMENT-SPECIFIC TRAINING.—An individual employed as a security screener may
not use any security screening device or equipment in the scope of that individual’s employment unless the individual has been trained on
that device or equipment and has successfully

Page 962

completed a test on the use of the device or
equipment.
(h) TECHNOLOGICAL TRAINING.—
(1) IN GENERAL.—The Under Secretary shall
require training to ensure that screeners are
proficient in using the most up-to-date new
technology and to ensure their proficiency in
recognizing new threats and weapons.
(2) PERIODIC ASSESSMENTS.—The Under Secretary shall make periodic assessments to determine if there are dual use items and inform
security screening personnel of the existence
of such items.
(3) CURRENT LISTS OF DUAL USE ITEMS.—Current lists of dual use items shall be part of the
ongoing training for screeners.
(4) DUAL USE DEFINED.—For purposes of this
subsection, the term ‘‘dual use’’ item means
an item that may seem harmless but that may
be used as a weapon.
(i) 2 LIMITATION ON RIGHT TO STRIKE.—An individual that screens passengers or property, or
both, at an airport under this section may not
participate in a strike, or assert the right to
strike, against the person (including a governmental entity) employing such individual to
perform such screening.
(j) UNIFORMS.—The Under Secretary shall require any individual who screens passengers and
property pursuant to section 44901 to be attired
while on duty in a uniform approved by the
Under Secretary.
(i) 2 ACCESSIBILITY OF COMPUTER-BASED TRAINING FACILITIES.—The Under Secretary shall work
with air carriers and airports to ensure that
computer-based training facilities intended for
use by security screeners at an airport regularly
serving an air carrier holding a certificate issued by the Secretary of Transportation are
conveniently located for that airport and easily
accessible.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1217;
Pub. L. 106–528, § 3, Nov. 22, 2000, 114 Stat. 2519;
Pub. L. 107–71, title I, §§ 101(f)(7), (9), 111(a), Nov.
19, 2001, 115 Stat. 603, 616; Pub. L. 107–296, title
XVI, § 1603, Nov. 25, 2002, 116 Stat. 2313.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44935(a) ......

49 App.:1357(h).

44935(b) ......
44935(c) ......

49 App.:1357(i).
49 App.:1357(c).

44935(d) ......

49 App.:1357(j).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(h)–(j);
added Nov. 16, 1990, Pub.
L. 101–604, § 105(a), 104
Stat. 3073.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(c); added
Aug. 5, 1974, Pub. L.
93–366, § 202, 88 Stat. 416;
Oct. 31, 1992, Pub. L.
102–581, § 202, 106 Stat.
4890.

In subsection (a), before clause (1), the words ‘‘Not
later than 270 days after November 16, 1990’’ are omitted as obsolete. The words ‘‘contracting for’’ are substituted for ‘‘contracting of’’ for clarity and consistency in the revised title.
In subsection (c)(1)(A), the words ‘‘individuals employed’’ are substituted for ‘‘personnel employed by
him . . . and for other personnel, including State, local,
2 So

in original. Two subsecs. (i) have been enacted.

Page 963

§ 44935

TITLE 49—TRANSPORTATION

and private law enforcement personnel, whose services
may be utilized’’ for clarity and consistency in the revised title and with other titles of the United States
Code.
In subsection (c)(1)(B), the words ‘‘individuals eligible’’ are substituted for ‘‘personnel whose services are
utilized to enforce any such transportation security
program, including State, local, and private law enforcement personnel . . . for personnel eligible’’ for
clarity and consistency in the revised title and with
other titles of the Code.
In subsection (c)(2), the words ‘‘under this section’’
are omitted as unnecessary. The words ‘‘United States’’
before ‘‘air carriers’’ are omitted because of the definition of ‘‘air carrier’’ in section 40102(a) of the revised
title.
In subsection (d)(1), before clause (A), the words ‘‘Not
later than 180 days after November 16, 1990’’ are omitted as obsolete.
REFERENCES IN TEXT
The date of enactment of the Aviation and Transportation Security Act, referred to in subsecs. (e)(2)(A) and
(g)(2), is the date of enactment of Pub. L. 107–71, which
was approved Nov. 19, 2001.
AMENDMENTS
2002—Subsec. (e)(2)(A)(ii). Pub. L. 107–296 substituted
‘‘citizen of the United States or a national of the
United States, as defined in section 1101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))’’
for ‘‘citizen of the United States’’.
2001—Subsec. (a). Pub. L. 107–71, § 101(f)(7), (9), substituted ‘‘Under Secretary of Transportation for Security’’ for ‘‘Administrator of the Federal Aviation Administration’’ in introductory provisions.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in two places.
Subsec. (c). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions of par. (1) and in par. (2).
Subsec. (d)(1). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions.
Subsec. (e). Pub. L. 107–71, § 111(a)(2), added subsec. (e)
and struck out former subsec. (e) which established
training standards for screeners.
Subsec. (f). Pub. L. 107–71, § 111(a)(2), added subsec. (f).
Former subsec. (f) redesignated (i).
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsecs. (g), (h). Pub. L. 107–71, § 111(a)(2), added subsecs. (g) and (h).
Subsec. (i). Pub. L. 107–71, § 111(a)(2), added subsec. (i)
relating to limitation on right to strike.
Pub. L. 107–71, § 111(a)(1), redesignated subsec. (f) as (i)
relating to accessibility of computer-based training facilities.
Subsec. (j). Pub. L. 107–71, § 111(a)(2), added subsec. (j).
2000—Subsecs. (e), (f). Pub. L. 106–528 added subsecs.
(e) and (f).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–528 effective 30 days after
Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as
a note under section 106 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,

relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
TRANSITION
Pub. L. 107–71, title I, § 111(c), Nov. 19, 2001, 115 Stat.
620, provided that: ‘‘The Under Secretary of Transportation for Security shall complete the full implementation of section 44935 (e), (f), (g), and (h) of title 49,
United States Code, as amended by subsection (a), as
soon as is practicable. The Under Secretary may make
or continue such arrangements for the training of security screeners under that section as the Under Secretary determines necessary pending full implementation of that section as so amended.’’
IMPROVEMENT OF SCREENER JOB PERFORMANCE
Pub. L. 108–458, title IV, § 4015, Dec. 17, 2004, 118 Stat.
3720, provided that:
‘‘(a) REQUIRED ACTION.—The Assistant Secretary of
Homeland Security (Transportation Security Administration) shall take such action as may be necessary to
improve the job performance of airport screening personnel.
‘‘(b) HUMAN FACTORS STUDY.—In carrying out this
section, the Assistant Secretary shall provide, not later
than 180 days after the date of the enactment of this
Act [Dec. 17, 2004], to the appropriate congressional
committees a report on the results of any human factors study conducted by the Department of Homeland
Security to better understand problems in screener performance and to improve screener performance.’’
[For definitions of ‘‘airport’’ and ‘‘appropriate congressional committees’’ used in section 4015 of Pub. L.
108–458, set out above, see section 4081 of Pub. L.
108–458, set out as a note under section 44901 of this
title.]
SCREENER PERSONNEL
Pub. L. 107–71, title I, § 111(d), Nov. 19, 2001, 115 Stat.
620, provided that: ‘‘Notwithstanding any other provision of law, the Under Secretary of Transportation for
Security may employ, appoint, discipline, terminate,
and fix the compensation, terms, and conditions of employment of Federal service for such a number of individuals as the Under Secretary determines to be necessary to carry out the screening functions of the
Under Secretary under section 44901 of title 49, United
States Code. The Under Secretary shall establish levels
of compensation and other benefits for individuals so
employed.’’
CERTIFICATION OF SCREENING COMPANIES
Pub. L. 104–264, title III, § 302, Oct. 9, 1996, 110 Stat.
3250, provided that: ‘‘The Administrator of the Federal
Aviation Administration is directed to certify companies providing security screening and to improve the
training and testing of security screeners through development of uniform performance standards for providing security screening services.’’
STUDIES OF MINIMUM STANDARDS FOR PILOT
QUALIFICATIONS AND OF PAY FOR TRAINING
Pub. L. 104–264, title V, § 503, Oct. 9, 1996, 110 Stat.
3263, provided that:
‘‘(a) STUDY.—The Administrator of the Federal Aviation Administration shall appoint a task force consisting of appropriate representatives of the aviation industry to conduct—
‘‘(1) a study directed toward the development of—
‘‘(A) standards and criteria for preemployment
screening tests measuring the psychomotor coordination, general intellectual capacity, instrument
and mechanical comprehension, and physical and
mental fitness of an applicant for employment as a
pilot by an air carrier; and

§ 44936

TITLE 49—TRANSPORTATION

‘‘(B) standards and criteria for pilot training facilities to be licensed by the Administrator and
which will assure that pilots trained at such facilities meet the preemployment screening standards
and criteria described in subparagraph (A); and
‘‘(2) a study to determine if the practice of some air
carriers to require employees or prospective employees to pay for the training or experience that is needed to perform flight check duties for an air carrier is
in the public interest.
‘‘(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Oct. 9, 1996], the Administrator shall transmit to Congress a report on the results of the study conducted under subsection (a)(2).’’
STUDY OF MINIMUM FLIGHT TIME
Pub. L. 104–264, title V, § 504, Oct. 9, 1996, 110 Stat.
3263, provided that:
‘‘(a) STUDY.—The Administrator of the Federal Aviation Administration shall conduct a study to determine
whether current minimum flight time requirements applicable to individuals seeking employment as a pilot
with an air carrier are sufficient to ensure public safety.
‘‘(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Oct. 9, 1996], the Administrator shall transmit to Congress a report on the results of the study.’’

§ 44936. Employment investigations and restrictions
(a) EMPLOYMENT INVESTIGATION
MENT.—(1)(A) The Under Secretary of

REQUIRETransportation for Security shall require by regulation
that an employment investigation, including a
criminal history record check and a review of
available law enforcement data bases and
records of other governmental and international
agencies to the extent determined practicable
by the Under Secretary of Transportation for
Transportation Security,,1 shall be conducted of
each individual employed in, or applying for, a
position as a security screener under section
44935(e) or a position in which the individual has
unescorted access, or may permit other individuals to have unescorted access, to—
(i) aircraft of an air carrier or foreign air
carrier; or
(ii) a secured area of an airport in the United
States the Under Secretary designates that
serves an air carrier or foreign air carrier.
(B) The Under Secretary shall require by regulation that an employment investigation (including a criminal history record check and a
review of available law enforcement data bases
and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security) be conducted for—
(i) individuals who are responsible for
screening passengers or property under section
44901 of this title;
(ii) supervisors of the individuals described
in clause (i);
(iii) individuals who regularly have escorted
access to aircraft of an air carrier or foreign
air carrier or a secured area of an airport in
the United States the Administrator designates that serves an air carrier or foreign air
carrier; and
1 So

in original.

Page 964

(iv) such other individuals who exercise security functions associated with baggage or
cargo, as the Under Secretary determines is
necessary to ensure air transportation security.
(C) BACKGROUND CHECKS OF CURRENT EMPLOYEES.—

(i) A new background check (including a
criminal history record check and a review of
available law enforcement data bases and
records of other governmental and international agencies to the extent determined
practicable by the Under Secretary of Transportation for Transportation Security shall be
required for any individual who is employed in
a position described in subparagraphs (A) and
(B) on the date of enactment of the Aviation
and Transportation Security Act.
(ii) The Under Secretary may provide by
order (without regard to the provisions of
chapter 5 of title 5, United States Code) for a
phased-in implementation of the requirements
of this subparagraph.
(D) EXEMPTION.—An employment investigation, including a criminal history record check,
shall not be required under this subsection for
an individual who is exempted under section
107.31(m)(1) or (2) of title 14, Code of Federal
Regulations, as in effect on November 22, 2000.
The Under Secretary shall work with the International Civil Aviation Organization and with
appropriate authorities of foreign countries to
ensure that individuals exempted under this
subparagraph do not pose a threat to aviation or
national security.
(2) An air carrier, foreign air carrier, airport
operator, or government that employs, or authorizes or makes a contract for the services of,
an individual in a position described in paragraph (1) of this subsection shall ensure that the
investigation the Under Secretary requires is
conducted.
(3) The Under Secretary shall provide for the
periodic audit of the effectiveness of criminal
history record checks conducted under paragraph (1) of this subsection.
(b) PROHIBITED EMPLOYMENT.—(1) Except as
provided in paragraph (3) of this subsection, an
air carrier, foreign air carrier, airport operator,
or government may not employ, or authorize or
make a contract for the services of, an individual in a position described in subsection (a)(1) of
this section if—
(A) the investigation of the individual required under this section has not been conducted; or
(B) the results of that investigation establish that, in the 10-year period ending on the
date of the investigation, the individual was
convicted (or found not guilty by reason of insanity) of—
(i) a crime referred to in section 46306,
46308, 46312, 46314, or 46315 or chapter 465 of
this title or section 32 of title 18;
(ii) murder;
(iii) assault with intent to murder;
(iv) espionage;
(v) sedition;
(vi) treason;
(vii) rape;

Page 965

§ 44936

TITLE 49—TRANSPORTATION

(viii) kidnapping;
(ix) unlawful possession, sale, distribution,
or manufacture of an explosive or weapon;
(x) extortion;
(xi) armed or felony unarmed robbery;
(xii) distribution of, or intent to distribute, a controlled substance;
(xiii) a felony involving a threat;
(xiv) a felony involving—
(I) willful destruction of property;
(II) importation or manufacture of a controlled substance;
(III) burglary;
(IV) theft;
(V) dishonesty, fraud, or misrepresentation;
(VI) possession or distribution of stolen
property;
(VII) aggravated assault;
(VIII) bribery; and
(IX) illegal possession of a controlled
substance punishable by a maximum term
of imprisonment of more than 1 year, or
any other crime classified as a felony that
the Under Secretary determines indicates
a propensity for placing contraband aboard
an aircraft in return for money; or
(xv) conspiracy to commit any of the acts
referred to in clauses (i) through (xiv).
(2) The Under Secretary may specify other factors that are sufficient to prohibit the employment of an individual in a position described in
subsection (a)(1) of this section.
(3) An air carrier, foreign air carrier, airport
operator, or government may employ, or authorize or contract for the services of, an individual
in a position described in subsection (a)(1) of
this section without carrying out the investigation required under this section, if the Under
Secretary approves a plan to employ the individual that provides alternate security arrangements.
(c) FINGERPRINTING AND RECORD CHECK INFORMATION.—(1) If the Under Secretary requires an
identification and criminal history record
check, to be conducted by the Attorney General,
as part of an investigation under this section,
the Under Secretary shall designate an individual to obtain fingerprints and submit those fingerprints to the Attorney General. The Attorney
General may make the results of a check available to an individual the Under Secretary designates. Before designating an individual to obtain and submit fingerprints or receive results
of a check, the Under Secretary shall consult
with the Attorney General. All Federal agencies
shall cooperate with the Under Secretary and
the Under Secretary’s designee in the process of
collecting and submitting fingerprints.
(2) The Under Secretary shall prescribe regulations on—
(A) procedures for taking fingerprints; and
(B) requirements for using information received from the Attorney General under paragraph (1) of this subsection—
(i) to limit the dissemination of the information; and
(ii) to ensure that the information is used
only to carry out this section.
(3) If an identification and criminal history
record check is conducted as part of an inves-

tigation of an individual under this section, the
individual—
(A) shall receive a copy of any record received from the Attorney General; and
(B) may complete and correct the information contained in the check before a final employment decision is made based on the check.
(d) FEES AND CHARGES.—The Under Secretary
and the Attorney General shall establish reasonable fees and charges to pay expenses incurred
in carrying out this section. The employer of
the individual being investigated shall pay the
costs of a record check of the individual. Money
collected under this section shall be credited to
the account in the Treasury from which the expenses were incurred and are available to the
Under Secretary and the Attorney General for
those expenses.
(e) WHEN INVESTIGATION OR RECORD CHECK NOT
REQUIRED.—This section does not require an investigation or record check when the investigation or record check is prohibited by a law of a
foreign country.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1218;
Pub. L. 104–264, title III, §§ 304(a), 306, title V,
§ 502(a), Oct. 9, 1996, 110 Stat. 3251, 3252, 3259; Pub.
L. 105–102, § 2(25), Nov. 20, 1997, 111 Stat. 2205;
Pub. L. 105–142, § 1, Dec. 5, 1997, 111 Stat. 2650;
Pub. L. 106–181, title V, § 508, Apr. 5, 2000, 114
Stat. 140; Pub. L. 106–528, § 2(c), (d), Nov. 22, 2000,
114 Stat. 2517, 2518; Pub. L. 107–71, title I,
§§ 101(f)(7), (9), 111(b), 138(a), (b)(1), 140(a)(1), Nov.
19, 2001, 115 Stat. 603, 620, 639–641.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
44936(a) ......

Source (U.S. Code)
49 App.:1357(g)(1).

49 App.:1357 (note).
44936(b) ......
44936(c) ......
44936(d) ......
44936(e) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(g); added
Nov. 16, 1990, Pub. L.
101–604, § 105(a), 104 Stat.
3071.
Oct. 28, 1991, Pub. L. 102–143,
§ 346, 105 Stat. 949.

49 App.:1357(g)(3).
49 App.:1357(g)(2)
(less (A) (2d sentence)).
49 App.:1357(g)(2)(A)
(2d sentence), (5).
49 App.:1357(g)(4).

In subsection (a), the text of section 346 of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102–143, 105 Stat. 949)
is omitted as executed.
In subsection (a)(2), the words ‘‘shall ensure’’ are substituted for ‘‘shall take such actions as may be necessary to ensure’’ to eliminate unnecessary words. The
word ‘‘conducted’’ is substituted for ‘‘performed’’ for
consistency in the revised title.
In subsection (b)(2), the words ‘‘The Administrator
may specify’’ are substituted for ‘‘The Administrator
may specify . . . the Administrator determines’’ to
eliminate unnecessary words. The words ‘‘prohibit the
employment of an individual’’ are substituted for
‘‘make an individual ineligible for employment’’ for
clarity.
In subsection (b)(3), the words ‘‘may employ’’ are substituted for ‘‘It shall not be a violation of subparagraph
(A) for . . . to employ’’ to eliminate unnecessary words.
In subsection (c)(1), the words ‘‘Before designating an
individual to obtain and submit fingerprints or receive
results of a check, the Administrator shall consult with
the Attorney General’’ are substituted for ‘‘after consultation with the Attorney General’’ for clarity.

§ 44936

TITLE 49—TRANSPORTATION

In subsection (c)(2), before clause (A), the words ‘‘For
purposes of administering this subsection’’ are omitted
as unnecessary. In clause (A), the word ‘‘implement’’ is
omitted as unnecessary because of the restatement. In
clause (B), before subclause (ii), the word ‘‘establish’’ is
omitted as unnecessary because of the restatement. In
subclause (ii), the words ‘‘to carry out this section’’ are
substituted for ‘‘for the purposes of this section’’ for
clarity.
In subsection (e), the words ‘‘a law of a foreign country’’ are substituted for ‘‘applicable laws of a foreign
government’’ for clarity and consistency in the revised
title and with other titles of the United States Code.
PUB. L. 105–102
This amends 49:44936(f)(1)(C) to reflect the redesignation of 49:30305(b)(7) as 49:30305(b)(8) by section 207(b) of
the Coast Guard Authorization Act of 1996 (Public Law
104–324, 110 Stat. 3908).
REFERENCES IN TEXT
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (a)(1)(C)(i), is
the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
AMENDMENTS
2001—Subsec. (a)(1)(A). Pub. L. 107–71, § 138(a)(1), inserted ‘‘and a review of available law enforcement data
bases and records of other governmental and international agencies to the extent determined practicable
by the Under Secretary of Transportation for Transportation Security,’’ after ‘‘record check’’ in introductory
provisions.
Pub. L. 107–71, § 111(b)(1), inserted ‘‘as a security
screener under section 44935(e) or a position’’ after ‘‘a
position’’ in introductory provisions.
Pub. L. 107–71, § 101(f)(7), (9), in introductory provisions, substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ and ‘‘of Transportation for Security’’ for ‘‘of
the Federal Aviation Administration’’.
Subsec. (a)(1)(A)(ii). Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (a)(1)(B). Pub. L. 107–71, § 138(a)(2), in introductory provisions, substituted ‘‘and a review of available law enforcement data bases and records of other
governmental and international agencies to the extent
determined practicable by the Under Secretary of
Transportation for Transportation Security’’ for ‘‘in
any case described in subparagraph (C)’’.
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions.
Subsec. (a)(1)(B)(i). Pub. L. 107–71, § 138(a)(3), substituted ‘‘are’’ for ‘‘will be’’.
Subsec. (a)(1)(B)(ii). Pub. L. 107–71, § 138(a)(4), struck
out ‘‘and’’ after semicolon.
Subsec. (a)(1)(B)(iii). Pub. L. 107–71, § 138(a)(6), added
cl. (iii). Former cl. (iii) redesignated (iv).
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (a)(1)(B)(iv). Pub. L. 107–71, § 138(a)(5), redesignated cl. (iii) as (iv).
Subsec. (a)(1)(C). Pub. L. 107–71, § 138(a)(7), (8), added
subpar. (C) and struck out former subpar (C) which related to criminal history record checks.
Subsec. (a)(1)(D). Pub. L. 107–71, § 138(a)(7), (9), (10), redesignated subpar. (F) as (D), substituted ‘‘107.31(m)(1)
or (2)’’ for ‘‘107.31(m)’’ and ‘‘November 22, 2000. The
Under Secretary shall work with the International
Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals
exempted under this subparagraph do not pose a threat
to aviation or national security’’ for ‘‘the date of enactment of this subparagraph’’ and struck out former
subpar. (D) which allowed a supervised employee to remain in position until completion of record check.
Subsec. (a)(1)(E). Pub. L. 107–71, § 138(a)(7), struck out
subpar. (E) which related to criminal history record
checks for screeners and others.

Page 966

Subsec. (a)(1)(E)(iv). Pub. L. 107–71, § 111(b)(2), struck
out cl. (iv) which related to effective dates for subpar.
(E).
Subsec. (a)(1)(F). Pub. L. 107–71, § 138(a)(7), redesignated subpar. (F) as (D).
Subsec. (a)(2). Pub. L. 107–71, §§ 107(f)(7), 138(a)(11),
substituted ‘‘carrier, airport operator, or government’’
for ‘‘carrier, or airport operator’’ and ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (a)(3). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (b)(1). Pub. L. 107–71, § 138(a)(12), substituted
‘‘carrier, airport operator, or government’’ for ‘‘carrier,
or airport operator’’ in introductory provisions.
Subsec. (b)(1)(B)(xiv)(IX). Pub. L. 107–71, § 101(f)(7),
substituted ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (b)(2). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (b)(3). Pub. L. 107–71, §§ 101(f)(7), 138(a)(13),
substituted ‘‘carrier, airport operator, or government’’
for ‘‘carrier, or airport operator’’ and ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (c)(1). Pub. L. 107–71, § 138(a)(14), inserted at
end ‘‘All Federal agencies shall cooperate with the
Under Secretary and the Under Secretary’s designee in
the process of collecting and submitting fingerprints.’’
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ wherever appearing.
Subsec. (c)(2). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions.
Subsec. (d). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in two places.
Subsecs. (f) to (h). Pub. L. 107–71, §§ 138(b)(1), 140(a)(1),
amended section identically, redesignating subsecs. (f)
to (h) as (h) to (j), respectively, of section 44703 of this
title.
2000—Subsec. (a)(1)(A). Pub. L. 106–528, § 2(c)(1), in introductory provisions, struck out ‘‘, as the Administrator decides is necessary to ensure air transportation
security,’’ after ‘‘shall be conducted’’.
Subsec. (a)(1)(C)(v). Pub. L. 106–181, § 508(a), added cl.
(v).
Subsec. (a)(1)(D). Pub. L. 106–528, § 2(c)(2), substituted
‘‘in the position for which the individual applied’’ for
‘‘as a screener’’.
Subsec. (a)(1)(E), (F). Pub. L. 106–528, § 2(c)(3), added
subpars. (E) and (F).
Subsec. (b)(1)(B). Pub. L. 106–528, § 2(d)(1), inserted
‘‘(or found not guilty by reason of insanity)’’ after
‘‘convicted’’ in introductory provisions.
Subsec. (b)(1)(B)(xi). Pub. L. 106–528, § 2(d)(2), inserted
‘‘or felony unarmed’’ after ‘‘armed’’.
Subsec. (b)(1)(B)(xiii) to (xv). Pub. L. 106–528,
§ 2(d)(3)–(5), added cls. (xiii) and (xiv), redesignated
former cl. (xiii) as (xv), and in cl. (xv) substituted
‘‘clauses (i) through (xiv)’’ for ‘‘clauses (i)–(xii) of this
paragraph’’.
Subsec. (f)(1)(B). Pub. L. 106–181, § 508(b)(1), inserted
‘‘(except a branch of the United States Armed Forces,
the National Guard, or a reserve component of the
United States Armed Forces)’’ after ‘‘other person’’ in
introductory provisions.
Subsec. (f)(1)(B)(ii). Pub. L. 106–181, § 508(b)(2), substituted ‘‘individual’s performance as a pilot’’ for ‘‘individual’’ in introductory provisions.
Subsec. (f)(5). Pub. L. 106–181, § 508(b)(3), inserted before period at end of first sentence ‘‘; except that, for
purposes of paragraph (15), the Administrator may
allow an individual designated by the Administrator to
accept and maintain written consent on behalf of the
Administrator for records requested under paragraph
(1)(A)’’.
Subsec. (f)(13). Pub. L. 106–181, § 508(b)(4)(A), substituted ‘‘shall’’ for ‘‘may’’ in introductory provisions.
Subsec. (f)(13)(A)(i). Pub. L. 106–181, § 508(b)(4)(B), inserted ‘‘and disseminated under paragraph (15)’’ after
‘‘requested under paragraph (1)’’.
Subsec. (f)(14)(B). Pub. L. 106–181, § 508(b)(5), inserted
‘‘or from a foreign government or entity that employed
the individual’’ after ‘‘exists’’.

Page 967

§ 44937

TITLE 49—TRANSPORTATION

Subsec. (f)(15). Pub. L. 106–181, § 508(b)(6), added par.
(15).
1997—Subsec. (f)(1). Pub. L. 105–142, § 1(1), substituted
‘‘Subject to paragraph (14), before allowing an individual to begin service’’ for ‘‘Before hiring an individual’’
in introductory provisions.
Subsec. (f)(1)(B). Pub. L. 105–142, § 1(2), inserted ‘‘as a
pilot of a civil or public aircraft’’ before ‘‘at any time’’
in introductory provisions.
Subsec. (f)(1)(C). Pub. L. 105–102 substituted ‘‘section
30305(b)(8) of this title’’ for ‘‘section 30305(b)(7)’’.
Subsec. (f)(4). Pub. L. 105–142, § 1(3), inserted ‘‘and air
carriers’’ after ‘‘Administrator’’ and substituted ‘‘paragraphs (1)(A) and (1)(B)’’ for ‘‘paragraph (1)(A)’’.
Subsec. (f)(5). Pub. L. 105–142, § 1(4), substituted ‘‘this
subsection’’ for ‘‘this paragraph’’.
Subsec. (f)(10). Pub. L. 105–142, § 1(5), inserted ‘‘who is
or has been’’ before ‘‘employed’’ and ‘‘, but not later
than 30 days after the date’’ after ‘‘reasonable time’’.
Subsec. (f)(14). Pub. L. 105–142, § 1(6), added par. (14).
1996—Subsec. (a)(1). Pub. L. 104–264, § 304(a), designated existing provisions as subpar. (A), redesignated
former subpars. (A) and (B) of par. (1) as cls. (i) and (ii)
of subpar. (A), respectively, and added subpars. (B) to
(D).
Subsec. (a)(3). Pub. L. 104–264, § 306, added par. (3).
Subsecs. (f) to (h). Pub. L. 104–264, § 502(a), added subsecs. (f) to (h).
EFFECTIVE DATE OF 2000 AMENDMENTS
Amendment by Pub. L. 106–528 effective 30 days after
Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as
a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 304(b) of Pub. L. 104–264 provided that: ‘‘The
amendment made by subsection (a)(3) [amending this
section] shall apply to individuals hired to perform
functions described in section 44936(a)(1)(B) of title 49,
United States Code, after the date of the enactment of
this Act [Oct. 9, 1996]; except that the Administrator of
the Federal Aviation Administration may, as the Administrator determines to be appropriate, require such
employment investigations or criminal history records
checks for individuals performing those functions on
the date of the enactment of this Act.’’
Amendment by section 502(a) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot
whose application was first received by the carrier on
or after the 120th day following Oct. 9, 1996, see section
502(d) of Pub. L. 104–264, set out as a note under section
30305 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
CRIMINAL HISTORY RECORD CHECKS
Pub. L. 106–528, § 2(a), (b), Nov. 22, 2000, 114 Stat. 2517,
provided that:

‘‘(a) EXPANSION OF FAA ELECTRONIC PILOT PROGRAM.—

‘‘(1) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act [Nov. 22, 2000], the Administrator of the Federal Aviation Administration
shall develop, in consultation with the Office of Personnel Management and the Federal Bureau of Investigation, the pilot program for individual criminal
history record checks (known as the electronic fingerprint transmission pilot project) into an aviation
industry-wide program.
‘‘(2) LIMITATION.—The Administrator shall not require any airport, air carrier, or screening company
to participate in the program described in subsection
(a) if the airport, air carrier, or screening company
determines that it would not be cost effective for it
to participate in the program and notifies the Administrator of that determination.
‘‘(b) APPLICATION OF EXPANDED PROGRAM.—
‘‘(1) INTERIM REPORT.—Not later than 1 year after
the date of enactment of this Act [Nov. 22, 2000], the
Administrator shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the status of the Administrator’s efforts to
utilize the program described in subsection (a).
‘‘(2) NOTIFICATION CONCERNING SUFFICIENCY OF OPERATION.—If the Administrator determines that the program described in subsection (a) is not sufficiently
operational 2 years after the date of enactment of
this Act to permit its utilization in accordance with
subsection (a), the Administrator shall notify the
committees referred to in paragraph (1) of that determination.’’

§ 44937. Prohibition on transferring duties and
powers
Except as specifically provided by law, the
Under Secretary of Transportation for Security
may not transfer a duty or power under section
44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936,
or 44938(b)(3) of this title to another department,
agency, or instrumentality of the United States
Government.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1219;
Pub. L. 103–429, § 6(57), Oct. 31, 1994, 108 Stat.
4385; Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19,
2001, 115 Stat. 603.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
44937 ..........

Source (U.S. Code)
49 App.:1357(e)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(e)(1);
added Aug. 5, 1974, Pub. L.
93–366, § 202, 88 Stat. 417.

The word ‘‘otherwise’’ is omitted as surplus. The
word ‘‘assigned’’ is omitted as being included in ‘‘transfer’’. The word ‘‘function’’ is omitted as being included
in ‘‘duty or power’’. The words ‘‘department, agency, or
instrumentality of the United States Government’’ are
substituted for ‘‘Federal department or agency’’ for
clarity and consistency in the revised title and with
other titles of the United States Code.
PUB. L. 103–429
This amends 49:44937 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994
(Public Law 103–272, 108 Stat. 1219).
AMENDMENTS
2001—Pub. L. 107–71 substituted ‘‘Under Secretary of
Transportation for Security’’ for ‘‘Administrator of the
Federal Aviation Administration’’.

§ 44938

TITLE 49—TRANSPORTATION

1994—Pub. L. 103–429
‘‘44906(a)(1) or (b)’’.

substituted

‘‘44906’’

for

EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44938. Reports
(a) TRANSPORTATION SECURITY.—Not later than
March 31 of each year, the Secretary of Transportation shall submit to Congress a report on
transportation security with recommendations
the Secretary considers appropriate. The report
shall be prepared in conjunction with the biennial report the Under Secretary of Transportation for Security submits under subsection (b)
of this section in each year the Under Secretary
submits the biennial report, but may not duplicate the information submitted under subsection (b) or section 44907(a)(3) of this title. The
Secretary may submit the report in classified
and unclassified parts. The report shall include—
(1) an assessment of trends and developments in terrorist activities, methods, and
other threats to transportation;
(2) an evaluation of deployment of explosive
detection devices;
(3) recommendations for research, engineering, and development activities related to
transportation security, except research engineering and development activities related to
aviation security to the extent those activities are covered by the national aviation research plan required under section 44501(c) of
this title;
(4) identification and evaluation of cooperative efforts with other departments, agencies,
and instrumentalities of the United States
Government;
(5) an evaluation of cooperation with foreign
transportation and security authorities;
(6) the status of the extent to which the recommendations of the President’s Commission
on Aviation Security and Terrorism have been
carried out and the reasons for any delay in
carrying out those recommendations;
(7) a summary of the activities of the Director of Intelligence and Security in the 12month period ending on the date of the report;
(8) financial and staffing requirements of the
Director;
(9) an assessment of financial and staffing
requirements, and attainment of existing
staffing goals, for carrying out duties and powers of the Under Secretary related to security;
and
(10) appropriate legislative and regulatory
recommendations.

Page 968

(b) SCREENING AND FOREIGN AIR CARRIER AND
AIRPORT SECURITY.—The Under Secretary shall
submit biennially to Congress a report—
(1) on the effectiveness of procedures under
section 44901 of this title;
(2) that includes a summary of the assessments conducted under section 44907(a)(1) and
(2) of this title; and
(3) that includes an assessment of the steps
being taken, and the progress being made, in
ensuring compliance with section 44906 of this
title for each foreign air carrier security program at airports outside the United States—
(A) at which the Under Secretary decides
that Foreign Security Liaison Officers are
necessary for air transportation security;
and
(B) for which extraordinary security measures are in place.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1220;
Pub. L. 103–305, title V, § 502, Aug. 23, 1994, 108
Stat. 1595; Pub. L. 105–362, title XV, § 1502(b),
Nov. 10, 1998, 112 Stat. 3295; Pub. L. 107–71, title
I, § 101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44938(a) ......

49 App.:1356(b).

44938(b)(1),
(2).

49 App.:1356(a) (3d
sentence 1st–18th
words, last sentence).

44938(b)(3) ..

49 App.:1357(k)(4).

44938(c) ......

49 App.:1357 (note).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 315(b); added
Nov. 16, 1990, Pub. L.
101–604, § 102(a), 104 Stat.
3068.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 315(a) (3d
sentence 1st–18th words,
last sentence); added Aug.
5, 1974, Pub. L. 93–366,
§ 202, 88 Stat. 415; Aug. 8,
1985,
Pub.
L.
99–83,
§ 551(b)(1), 99 Stat. 225;
Nov. 16, 1990, Pub. L.
101–604, § 102(b), 104 Stat.
3069.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(k)(4);
added Nov. 16, 1990, Pub.
L. 101–604, § 105(a), 104
Stat. 3074.
Nov. 16, 1990, Pub. L. 101–604,
§ 106(d), 104 Stat. 3075.

In subsection (a), before clause (1), the words ‘‘each
year’’ are substituted for ‘‘of calendar year 1991 and of
each calendar year thereafter’’ to eliminate unnecessary words. In clauses (8) and (9), the word ‘‘financial’’
is substituted for ‘‘funding’’ for clarity and consistency
in the revised title and with other titles of the United
States Code.
In subsection (b)(1), the word ‘‘screening’’ is omitted
as surplus.
In subsection (b)(2), the words ‘‘a summary of the assessments conducted under section 44907(a)(1) and (2) of
this title’’ are substituted for ‘‘the information described in section 1515(c) of this Appendix’’ for clarity.
In subsection (b)(3), before clause (A), the words
‘‘that includes’’ are substituted for ‘‘The Administrator
shall submit to Congress as part of the annual report
required by section 315(a)’’ because of the restatement.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71, § 101(f)(7), (9), in introductory provisions, substituted ‘‘Under Secretary’’
for ‘‘Administrator’’ in two places and ‘‘of Transportation for Security’’ for ‘‘of the Federal Aviation Administration’’.
Subsec. (a)(9). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions and par. (3)(A).

Page 969

TITLE 49—TRANSPORTATION

1998—Subsec. (a). Pub. L. 105–362, § 1502(b)(1), in second sentence of introductory provisions, substituted
‘‘biennial report’’ for ‘‘annual report’’ and inserted ‘‘in
each year the Administrator submits the biennial report’’ after ‘‘subsection (b) of this section’’.
Subsec. (b). Pub. L. 105–362, § 1502(b)(2), substituted
‘‘biennially’’ for ‘‘annually’’ in introductory provisions.
Subsec. (c). Pub. L. 105–362, § 1502(b)(3), struck out
heading and text of subsec. (c). Text read as follows:
‘‘The Administrator shall submit to Congress an annual report for each of the calendar years 1991 and 1992
on the progress being made, and the problems occurring, in carrying out section 44904 of this title. The report shall include recommendations for improving domestic air transportation security.’’
1994—Subsec. (a). Pub. L. 103–305 substituted ‘‘March
31’’ for ‘‘December 31’’.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which the 8th item on
page 132 and the 11th item on page 138 identify reporting provisions which, as subsequently amended, are
contained, respectively, in subsecs. (a) and (b)(1), (2) of
this section), see section 3003 of Pub. L. 104–66, as
amended, set out as a note under section 1113 of Title
31, Money and Finance.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44939. Training to operate certain aircraft
(a) WAITING PERIOD.—A person operating as a
flight instructor, pilot school, or aviation training center or subject to regulation under this
part may provide training in the operation of
any aircraft having a maximum certificated
takeoff weight of more than 12,500 pounds to an
alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)))
or to any other individual specified by the Secretary of Homeland Security only if—
(1) that person has first notified the Secretary that the alien or individual has requested such training and submitted to the
Secretary, in such form as the Secretary may
prescribe, the following information about the
alien or individual:
(A) full name, including any aliases used
by the applicant or variations in spelling of
the applicant’s name;
(B) passport and visa information;
(C) country of citizenship;
(D) date of birth;
(E) dates of training; and
(F) fingerprints collected by, or under the
supervision of, a Federal, State, or local law
enforcement agency or by another entity approved by the Federal Bureau of Investigation or the Secretary of Homeland Security,
including fingerprints taken by United
States Government personnel at a United
States embassy or consulate; and

§ 44939

(2) the Secretary has not directed, within 30
days after being notified under paragraph (1),
that person not to provide the requested training because the Secretary has determined that
the individual presents a risk to aviation or
national security.
(b) INTERRUPTION OF TRAINING.—If the Secretary of Homeland Security, more than 30 days
after receiving notification under subsection (a)
from a person providing training described in
subsection (a), determines that the individual
presents a risk to aviation or national security,
the Secretary shall immediately notify the person providing the training of the determination
and that person shall immediately terminate
the training.
(c) NOTIFICATION.—A person operating as a
flight instructor, pilot school, or aviation training center or subject to regulation under this
part may provide training in the operation of
any aircraft having a maximum certificated
takeoff weight of 12,500 pounds or less to an
alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)))
or to any other individual specified by the Secretary of Homeland Security only if that person
has notified the Secretary that the individual
has requested such training and furnished the
Secretary with that individual’s identification
in such form as the Secretary may require.
(d) EXPEDITED PROCESSING.—Not later than 60
days after the date of enactment of this section,
the Secretary shall establish a process to ensure
that the waiting period under subsection (a)
shall not exceed 5 days for an alien (as defined
in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) who—
(1) holds an airman’s certification of a foreign country that is recognized by an agency
of the United States, including a military
agency, that permits an individual to operate
a multi-engine aircraft that has a certificated
takeoff weight of more than 12,500 pounds;
(2) is employed by a foreign air carrier that
is certified under part 129 of title 14, Code of
Federal Regulations, and that has a security
program approved under section 1546 of title
49, Code of Federal Regulations;
(3) is an individual that has unescorted access to a secured area of an airport designated
under section 44936(a)(1)(A)(ii); or
(4) is an individual that is part of a class of
individuals that the Secretary has determined
that providing aviation training to presents
minimal risk to aviation or national security
because of the aviation training already possessed by such class of individuals.
(e) TRAINING.—In subsection (a), the term
‘‘training’’ means training received from an instructor in an aircraft or aircraft simulator and
does not include recurrent training, ground
training, or demonstration flights for marketing
purposes.
(f) NONAPPLICABILITY TO CERTAIN FOREIGN
MILITARY PILOTS.—The procedures and processes
required by subsections (a) through (d) shall not
apply to a foreign military pilot endorsed by the
Department of Defense for flight training in the
United States and seeking training described in
subsection (e) in the United States.

§ 44940

TITLE 49—TRANSPORTATION

(g) FEE.—
(1) IN GENERAL.—The Secretary of Homeland
Security may assess a fee for an investigation
under this section, which may not exceed $100
per individual (exclusive of the cost of transmitting fingerprints collected at overseas facilities) during fiscal years 2003 and 2004. For
fiscal year 2005 and thereafter, the Secretary
may adjust the maximum amount of the fee to
reflect the costs of such an investigation.
(2) OFFSET.—Notwithstanding section 3302 of
title 31, any fee collected under this section—
(A) shall be credited to the account in the
Treasury from which the expenses were incurred and shall be available to the Secretary for those expenses; and
(B) shall remain available until expended.
(h) INTERAGENCY COOPERATION.—The Attorney
General, the Director of Central Intelligence,
and the Administrator of the Federal Aviation
Administration shall cooperate with the Secretary in implementing this section.
(i) SECURITY AWARENESS TRAINING FOR EMPLOYEES.—The Secretary shall require flight
schools to conduct a security awareness program for flight school employees to increase
their awareness of suspicious circumstances and
activities of individuals enrolling in or attending flight school.
(Added Pub. L. 107–71, title I, § 113(a), Nov. 19,
2001, 115 Stat. 622; amended Pub. L. 108–176, title
VI, § 612(a), Dec. 12, 2003, 117 Stat. 2572.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (d), probably means the date of enactment of
Pub. L. 108–176, which amended this section generally
and was approved Dec. 12, 2003.
AMENDMENTS
2003—Pub. L. 108–176 reenacted section catchline
without change and amended text generally. Prior to
amendment, text consisted of subsecs. (a) to (d) relating to waiting period for training, interruption of
training, covered training, and security awareness
training for employees.
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–176, title VI, § 612(c), Dec. 12, 2003, 117 Stat.
2574, provided that: ‘‘The amendment made by subsection (a) [amending this section] takes effect on the
effective date of the interim final rule required by subsection (b)(1) [set out below] [rule effective Sept. 20,
2004, see 69 F.R. 56323].’’
EFFECTIVE DATE
Pub. L. 107–71, title I, § 113(d), Nov. 19, 2001, 115 Stat.
622, provided that: ‘‘The amendment made by subsection (a) [enacting this section] applies to applications for training received after the date of enactment
of this Act [Nov. 19, 2001].’’
IMPLEMENTATION
Pub. L. 108–176, title VI, § 612(b), Dec. 12, 2003, 117 Stat.
2574, provided that:
‘‘(1) IN GENERAL.—Not later than 60 days after the
date of enactment of this Act [Dec. 12, 2003], the Secretary of Homeland Security shall promulgate an interim final rule to implement section 44939 of title 49,
United States Code, as amended by subsection (a).
‘‘(2) USE OF OVERSEAS FACILITIES.—In order to implement section 44939 of title 49, United States Code, as
amended by subsection (a), United States Embassies
and Consulates that possess appropriate fingerprint

Page 970

collection equipment and personnel certified to capture
fingerprints shall provide fingerprint services to aliens
covered by that section if the Secretary requires fingerprints in the administration of that section, and
shall transmit the fingerprints to the Secretary or
other agency designated by the Secretary. The Attorney General and the Secretary of State shall cooperate
with the Secretary of Homeland Security in carrying
out this paragraph.
‘‘(3) USE OF UNITED STATES FACILITIES.—If the Secretary of Homeland Security requires fingerprinting in
the administration of section 44939 of title 49, United
States Code, the Secretary may designate locations
within the United States that will provide fingerprinting services to individuals covered by that section.’’
REPORT
Pub. L. 108–176, title VI, § 612(d), Dec. 12, 2003, 117 Stat.
2574, provided that: ‘‘Not later than 1 year after the
date of enactment of this Act [Dec. 12, 2003], the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on
Transportation and Infrastructure a report on the effectiveness of the activities carried out under section
44939 of title 49, United States Code, in reducing risks
to aviation security and national security.’’
INTERNATIONAL COOPERATION
Pub. L. 107–71, title I, § 113(c), Nov. 19, 2001, 115 Stat.
622, provided that: ‘‘The Secretary of Transportation,
in consultation with the Secretary of State, shall work
with the International Civil Aviation Organization and
the civil aviation authorities of other countries to improve international aviation security through screening programs for flight instruction candidates.’’

§ 44940. Security service fee
(a) GENERAL AUTHORITY.—
(1) PASSENGER FEES.—The Under Secretary
of Transportation for Security shall impose a
uniform fee, on passengers of air carriers and
foreign air carriers in air transportation and
intrastate air transportation originating at
airports in the United States, to pay for the
following costs of providing civil aviation security services:
(A) Salary, benefits, overtime, retirement
and other costs of screening personnel, their
supervisors and managers, and Federal law
enforcement personnel deployed at airport
security screening locations under section
44901.
(B) The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance of equipment used by such personnel.
(C) The costs of performing background investigations of personnel described in subparagraphs (A), (D), (F), and (G).
(D) The costs of the Federal air marshals
program.
(E) The costs of performing civil aviation
security research and development under
this title.
(F) The costs of Federal Security Managers under section 44903.
(G) The costs of deploying Federal law enforcement personnel pursuant to section
44903(h).
(H) The costs of security-related capital
improvements at airports.
(I) The costs of training pilots and flight
attendants under sections 44918 and 44921.

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TITLE 49—TRANSPORTATION

The amount of such costs shall be determined
by the Under Secretary and shall not be subject to judicial review. For purposes of subparagraph (A), the term ‘‘Federal law enforcement personnel’’ includes State and local law
enforcement officers who are deputized under
section 44922.
(2) AIR CARRIER FEES.—
(A) AUTHORITY.—In addition to the fee imposed pursuant to paragraph (1), and only to
the extent that the Under Secretary estimates that such fee will be insufficient to
pay for the costs of providing civil aviation
security services described in paragraph (1),
the Under Secretary may impose a fee on air
carriers and foreign air carriers engaged in
air transportation and intrastate air transportation to pay for the difference between
any such costs and the amount collected
from such fee, as estimated by the Under
Secretary at the beginning of each fiscal
year. The estimates of the Under Secretary
under this subparagraph are not subject to
judicial review except for estimates and additional collections made pursuant to the
appropriation for Aviation Security in Public Law 108–334: Provided, That such judicial
review shall be pursuant to section 46110 of
title 49, United States Code: Provided further,
That such judicial review shall be limited
only to additional amounts collected by the
Secretary before October 1, 2007.
(B) LIMITATIONS.—
(i) OVERALL LIMIT.—The amounts of fees
collected under this paragraph for each fiscal year may not exceed, in the aggregate,
the amounts paid in calendar year 2000 by
carriers described in subparagraph (A) for
screening passengers and property, as determined by the Under Secretary.
(ii) PER-CARRIER LIMIT.—The amount of
fees collected under this paragraph from
an air carrier described in subparagraph
(A) for each of fiscal years 2002, 2003, and
2004 may not exceed the amount paid in
calendar year 2000 by that carrier for
screening passengers and property, as determined by the Under Secretary.
(iii) ADJUSTMENT OF PER-CARRIER LIMIT.—
For fiscal year 2005 and subsequent fiscal
years, the per-carrier limitation under
clause (ii) may be determined by the Under
Secretary on the basis of market share or
any other appropriate measure in lieu of
actual screening costs in calendar year
2000.
(iv) FINALITY OF DETERMINATIONS.—Determinations of the Under Secretary under
this subparagraph are not subject to judicial review except for estimates and additional collections made pursuant to the
appropriation for Aviation Security in
Public Law 108–334: Provided, That such judicial review shall be pursuant to section
46110 of title 49, United States Code: Provided further, That such judicial review
shall be limited only to additional
amounts collected by the Secretary before
October 1, 2007.
(C) SPECIAL RULE FOR FISCAL YEAR 2002.—
The amount of fees collected under this

§ 44940

paragraph from any carrier for fiscal year
2002 may not exceed the amounts paid by
that carrier for screening passengers and
property for a period of time in calendar
year 2000 proportionate to the period of time
in fiscal year 2002 during which fees are collected under this paragraph.
(b) SCHEDULE OF FEES.—In imposing fees under
subsection (a), the Under Secretary shall ensure
that the fees are reasonably related to the
Transportation Security Administration’s costs
of providing services rendered.
(c) LIMITATION ON FEE.—Fees imposed under
subsection (a)(1) may not exceed $2.50 per
enplanement in air transportation or intrastate
air transportation that originates at an airport
in the United States, except that the total
amount of such fees may not exceed $5.00 per
one-way trip.
(d) IMPOSITION OF FEE.—
(1) IN GENERAL.—Notwithstanding section
9701 of title 31 and the procedural requirements of section 553 of title 5, the Under Secretary shall impose the fee under subsection
(a)(1), and may impose a fee under subsection
(a)(2), through the publication of notice of
such fee in the Federal Register and begin collection of the fee within 60 days of the date of
enactment of this Act, or as soon as possible
thereafter.
(2) SPECIAL RULES PASSENGER FEES.—A fee
imposed under subsection (a)(1) through the
procedures under subsection (d) shall apply
only to tickets sold after the date on which
such fee is imposed. If a fee imposed under
subsection (a)(1) through the procedures under
subsection (d) on transportation of a passenger
of a carrier described in subsection (a)(1) is not
collected from the passenger, the amount of
the fee shall be paid by the carrier.
(3) SUBSEQUENT MODIFICATION OF FEE.—After
imposing a fee in accordance with paragraph
(1), the Under Secretary may modify, from
time to time through publication of notice in
the Federal Register, the imposition or collection of such fee, or both.
(4) LIMITATION ON COLLECTION.—No fee may
be collected under this section, other than
subsection (i), except to the extent that the
expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act or in section 44923.
(e) ADMINISTRATION OF FEES.—
(1) FEES PAYABLE TO UNDER SECRETARY.—All
fees imposed and amounts collected under this
section are payable to the Under Secretary.
(2) FEES COLLECTED BY AIR CARRIER.—A fee
imposed under subsection (a)(1) shall be collected by the air carrier or foreign air carrier
that sells a ticket for transportation described
in subsection (a)(1).
(3) DUE DATE FOR REMITTANCE.—A fee collected under this section shall be remitted on
the last day of each calendar month by the
carrier collecting the fee. The amount to be
remitted shall be for the calendar month preceding the calendar month in which the remittance is made.
(4) INFORMATION.—The Under Secretary may
require the provision of such information as

§ 44941

TITLE 49—TRANSPORTATION

the Under Secretary decides is necessary to
verify that fees have been collected and remitted at the proper times and in the proper
amounts.
(5) FEE NOT SUBJECT TO TAX.—For purposes of
section 4261 of the Internal Revenue Code of
1986 (26 U.S.C. 4261), a fee imposed under this
section shall not be considered to be part of
the amount paid for taxable transportation.
(6) COST OF COLLECTING FEE.—No portion of
the fee collected under this section may be retained by the air carrier or foreign air carrier
for the costs of collecting, handling, or remitting the fee except for interest accruing to the
carrier after collection and before remittance.
(f) RECEIPTS CREDITED AS OFFSETTING
TIONS.—Notwithstanding section 3302 of

COLLECtitle 31,

any fee collected under this section—
(1) shall be credited as offsetting collections
to the account that finances the activities and
services for which the fee is imposed;
(2) shall be available for expenditure only to
pay the costs of activities and services for
which the fee is imposed; and
(3) shall remain available until expended.
(g) REFUNDS.—The Under Secretary may refund any fee paid by mistake or any amount
paid in excess of that required.
(h) EXEMPTIONS.—The Under Secretary may
exempt from the passenger fee imposed under
subsection (a)(1) any passenger enplaning at an
airport in the United States that does not receive screening services under section 44901 for
that segment of the trip for which the passenger
does not receive screening.
(i) CHECKPOINT SCREENING SECURITY FUND.—
(1) ESTABLISHMENT.—There is established in
the Department of Homeland Security a fund
to be known as the ‘‘Checkpoint Screening Security Fund’’.
(2) DEPOSITS.—In fiscal year 2008, after
amounts are made available under section
44923(h), the next $250,000,000 derived from fees
received under subsection (a)(1) shall be available to be deposited in the Fund.
(3) FEES.—The Secretary of Homeland Security shall impose the fee authorized by subsection (a)(1) so as to collect at least
$250,000,000 in fiscal year 2008 for deposit into
the Fund.
(4) AVAILABILITY OF AMOUNTS.—Amounts in
the Fund shall be available until expended by
the Administrator of the Transportation Security Administration for the purchase, deployment, installation, research, and development
of equipment to improve the ability of security screening personnel at screening checkpoints to detect explosives.
(Added Pub. L. 107–71, title I, § 118(a), Nov. 19,
2001, 115 Stat. 625; amended Pub. L. 108–7, div. I,
title III, § 351(b), Feb. 20, 2003, 117 Stat. 420; Pub.
L. 108–176, title VI, § 605(b)(1), (2), Dec. 12, 2003,
117 Stat. 2568; Pub. L. 110–53, title XVI, § 1601,
Aug. 3, 2007, 121 Stat. 477; Pub. L. 110–161, div. E,
title V, § 540, Dec. 26, 2007, 121 Stat. 2079.)
REFERENCES IN TEXT
The date of enactment of this Act, referred to in subsec. (d)(1), probably means the date of enactment of
Pub. L. 107–71, which enacted this section and which
was approved Nov. 19, 2001.

Page 972
CODIFICATION

Pub. L. 107–71, title I, § 118(a), Nov. 19, 2001, 115 Stat.
625, which directed the addition of section 44940 at end
of subchapter II of chapter 449 without specifying the
Code title to be amended, was executed by adding this
section at the end of this subchapter, to reflect the
probable intent of Congress.
AMENDMENTS
2007—Subsec. (a)(2)(A), (B)(iv). Pub. L. 110–161, which
directed amendment of subsec. (a)(2) ‘‘by striking the
period in the last sentence of subparagraph (A) and the
clause (iv) of subparagraph B and adding the following,
‘except for estimates and additional collections made
pursuant to the appropriation for Aviation Security in
Public Law 108–334: Provided, That such judicial review
shall be pursuant to section 46110 of title 49, United
States Code: Provided further, That such judicial review
shall be limited only to additional amounts collected
by the Secretary before October 1, 2007.’ ’’, was executed
by substituting the quoted language directed to be
added for the period at the end of last sentence of subpar. (A) and for the period at the end of cl. (iv) of subpar. (B), to reflect the probable intent of Congress.
Subsec. (d)(4). Pub. L. 110–53, § 1601(1), inserted
‘‘, other than subsection (i),’’ before ‘‘except to’’.
Subsec. (i). Pub. L. 110–53, § 1601(2), added subsec. (i).
2003—Subsec. (a)(1). Pub. L. 108–7 inserted at end of
concluding provisions ‘‘For purposes of subparagraph
(A), the term ‘Federal law enforcement personnel’ includes State and local law enforcement officers who are
deputized under section 44922.’’
Subsec. (a)(1)(H), (I). Pub. L. 108–176, § 605(b)(1), added
subpars. (H) and (I).
Subsec. (d)(4). Pub. L. 108–176, § 605(b)(2), substituted
‘‘appropriations Act or in section 44923’’ for ‘‘appropriations Act’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44941. Immunity for reporting suspicious activities
(a) IN GENERAL.—Any air carrier or foreign air
carrier or any employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any suspicious transaction relevant to a
possible violation of law or regulation, relating
to air piracy, a threat to aircraft or passenger
safety, or terrorism, as defined by section 3077 of
title 18, United States Code, to any employee or
agent of the Department of Transportation, the
Department of Justice, any Federal, State, or
local law enforcement officer, or any airport or
airline security officer shall not be civilly liable
to any person under any law or regulation of the
United States, any constitution, law, or regulation of any State or political subdivision of any
State, for such disclosure.
(b) APPLICATION.—Subsection (a) shall not
apply to—

Page 973

(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate,
or misleading; or
(2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.
(Added Pub. L. 107–71, title I, § 125(a), Nov. 19,
2001, 115 Stat. 631.)
§ 44942. Performance goals and objectives
(a) SHORT TERM TRANSITION.—
(1) IN GENERAL.—Within 180 days after the
date of enactment of the Aviation and Transportation Security Act, the Under Secretary
for Transportation Security may, in consultation with Congress—
(A) establish acceptable levels of performance for aviation security, including screening operations and access control, and
(B) provide Congress with an action plan,
containing measurable goals and milestones,
that outlines how those levels of performance will be achieved.
(2) BASICS OF ACTION PLAN.—The action plan
shall clarify the responsibilities of the Transportation Security Administration, the Federal Aviation Administration and any other
agency or organization that may have a role
in ensuring the safety and security of the civil
air transportation system.
(b)

LONG-TERM

RESULTS-BASED

MANAGE-

MENT.—

(1) 1

PERFORMANCE PLAN AND REPORT.—
(A) PERFORMANCE PLAN.—
(i) Each year, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), the
Secretary and the Under Secretary for
Transportation Security shall agree on a
performance plan for the succeeding 5
years that establishes measurable goals
and objectives for aviation security. The
plan shall identify action steps necessary
to achieve such goals.
(ii) In addition to meeting the requirements of GPRA, the performance plan
should clarify the responsibilities of the
Secretary, the Under Secretary for Transportation Security and any other agency
or organization that may have a role in ensuring the safety and security of the civil
air transportation system.

(B) PERFORMANCE REPORT.—Each year,
consistent with the requirements of GPRA,
the Under Secretary for Transportation Security shall prepare and submit to Congress
an annual report including an evaluation of
the extent goals and objectives were met.
The report shall include the results achieved
during the year relative to the goals established in the performance plan.
(Added Pub. L. 107–71, title I, § 130, Nov. 19, 2001,
115 Stat. 633.)
REFERENCES IN TEXT
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (a)(1), is the
1 So

§ 44943

TITLE 49—TRANSPORTATION

in original. No par. (2) has been enacted.

date of enactment of Pub. L. 107–71, which was approved
Nov. 19, 2001.
The Government Performance and Results Act of
1993, referred to in subsec. (b)(1), is Pub. L. 103–62, Aug.
3, 1993, 107 Stat. 285, which enacted section 306 of Title
5, Government Organization and Employees, sections
1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of
Title 31. For complete classification of this Act to the
Code, see Short Title of 1993 Amendment note set out
under section 1101 of Title 31 and Tables.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44943. Performance management system
(a) ESTABLISHING A FAIR AND EQUITABLE SYSTEM FOR MEASURING STAFF PERFORMANCE.—The
Under Secretary for Transportation Security
shall establish a performance management system which strengthens the organization’s effectiveness by providing for the establishment of
goals and objectives for managers, employees,
and organizational performance consistent with
the performance plan.
(b) ESTABLISHING MANAGEMENT ACCOUNTABILITY FOR MEETING PERFORMANCE GOALS.—
(1) IN GENERAL.—Each year, the Secretary
and Under Secretary of Transportation for Security shall enter into an annual performance
agreement that shall set forth organizational
and individual performance goals for the
Under Secretary.
(2) GOALS.—Each year, the Under Secretary
and each senior manager who reports to the
Under Secretary shall enter into an annual
performance agreement that sets forth organization and individual goals for those managers. All other employees hired under the authority of the Under Secretary shall enter into
an annual performance agreement that sets
forth organization and individual goals for
those employees.
(c) PERFORMANCE-BASED SERVICE
ING.—To the extent contracts, if any,

CONTRACTare used to
implement the Aviation Security Act, the Under
Secretary for Transportation Security shall, to
the extent practical, maximize the use of performance-based service contracts. These contracts should be consistent with guidelines published by the Office of Federal Procurement Policy.
(Added Pub. L. 107–71, title I, § 130, Nov. 19, 2001,
115 Stat. 634.)
REFERENCES IN TEXT

The Aviation Security Act, referred to in subsec. (c),
probably means the Aviation and Transportation Security Act, Pub. L. 107–71, Nov. 19, 2001, 115 Stat. 597. For
complete classification of this Act to the Code, see
Short Title of 2001 Amendment note set out under section 40101 of this title and Tables.

§ 44944

TITLE 49—TRANSPORTATION
TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44944. Voluntary provision of emergency services
(a) PROGRAM FOR PROVISION OF VOLUNTARY
SERVICES.—
(1) PROGRAM.—The Under Secretary of
Transportation for Transportation Security
shall carry out a program to permit qualified
law enforcement officers, firefighters, and
emergency medical technicians to provide
emergency services on commercial air flights
during emergencies.
(2) REQUIREMENTS.—The Under Secretary
shall establish such requirements for qualifications of providers of voluntary services
under the program under paragraph (1), including training requirements, as the Under
Secretary considers appropriate.
(3) CONFIDENTIALITY OF REGISTRY.—If as part
of the program under paragraph (1) the Under
Secretary requires or permits registration of
law enforcement officers, firefighters, or emergency medical technicians who are willing to
provide emergency services on commercial
flights during emergencies, the Under Secretary shall take appropriate actions to ensure that the registry is available only to appropriate airline personnel and otherwise remains confidential.
(4) CONSULTATION.—The Under Secretary
shall consult with appropriate representatives
of the commercial airline industry, and organizations representing community-based law
enforcement, firefighters, and emergency medical technicians, in carrying out the program
under paragraph (1), including the actions
taken under paragraph (3).
(b) EXEMPTION FROM LIABILITY.—An individual
shall not be liable for damages in any action
brought in a Federal or State court that arises
from an act or omission of the individual in providing or attempting to provide assistance in
the case of an in-flight emergency in an aircraft
of an air carrier if the individual meets such
qualifications as the Under Secretary shall prescribe for purposes of this section.
(c) EXCEPTION.—The exemption under subsection (b) shall not apply in any case in which
an individual provides, or attempts to provide,
assistance described in that paragraph in a manner that constitutes gross negligence or willful
misconduct.
(Added Pub. L. 107–71, title I, § 131(a), Nov. 19,
2001, 115 Stat. 635.)
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including

Page 974

the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
CONSTRUCTION
Pub. L. 107–71, title I, § 131(c), Nov. 19, 2001, 115 Stat.
635, provided that: ‘‘Nothing in this section [enacting
this section] may be construed to require any modification of regulations of the Department of Transportation governing the possession of firearms while in
aircraft or air transportation facilities or to authorize
the possession of a firearm in an aircraft or any such
facility not authorized under those regulations.’’
[For definitions of ‘‘aircraft’’ and ‘‘air transportation’’ used in section 131(c) of Pub. L. 107–71, set out
above, see section 133 of Pub. L. 107–71, set out as a note
under section 40102 of this title.]

§ 44945. Disposition of unclaimed money
Notwithstanding section 3302 of title 31, unclaimed money recovered at any airport security checkpoint shall be retained by the Transportation Security Administration and shall remain available until expended for the purpose of
providing civil aviation security as required in
this chapter.
(Added Pub. L. 108–334, title V, § 515(a), Oct. 18,
2004, 118 Stat. 1317.)
ANNUAL REPORT
Pub. L. 108–334, title V, § 515(b), Oct. 18, 2004, 118 Stat.
1318, provided that: ‘‘Not later than 180 days after the
date of enactment of this Act [Oct. 18, 2004] and annually thereafter, the Administrator of the Transportation Security Administration shall transmit to the
Committee on Transportation and Infrastructure of the
House of Representatives; the Committee on Appropriations of the House of Representatives; the Committee
on Commerce, Science and Transportation of the Senate; and the Committee on Appropriations of the Senate, a report that contains a detailed description of the
amount of unclaimed money recovered in total and at
each individual airport, and specifically how the unclaimed money is being used to provide civil aviation
security.’’

CHAPTER 451—ALCOHOL AND CONTROLLED
SUBSTANCES TESTING
Sec.

45101.
45102.
45103.
45104.
45105.
45106.
45107.

Definition.
Alcohol and controlled substances testing
programs.
Prohibited service.
Testing and laboratory requirements.
Rehabilitation.
Relationship to other laws, regulations,
standards, and orders.
Transportation Security Administration.
AMENDMENTS

2001—Pub. L. 107–71, title I, § 139(5), Nov. 19, 2001, 115
Stat. 641, added item 45107.

§ 45101. Definition
In this chapter, ‘‘controlled substance’’ means
any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 802) specified by the Administrator of the Federal Aviation Administration.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1221.)

Page 975

HISTORICAL AND REVISION NOTES
Revised
Section
45101 ..........

Source (U.S. Code)
49 App.:1434(f).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 614(f); added
Oct. 28, 1991, Pub. L.
102–143, § 3(a), 105 Stat. 956.

§ 45102. Alcohol and controlled substances testing programs
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS
FOREIGN AIR CARRIERS.—(1) In the interest
of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe
regulations that establish a program requiring
air carriers and foreign air carriers to conduct
preemployment, reasonable suspicion, random,
and post-accident testing of airmen, crew members, airport security screening personnel, and
other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of a controlled substance in
violation of law or a United States Government
regulation; and to conduct reasonable suspicion,
random, and post-accident testing of airmen,
crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided
by the Administrator) for the use of alcohol in
violation of law or a United States Government
regulation. The regulations shall permit air carriers and foreign air carriers to conduct preemployment testing of airmen, crew members,
airport security screening personnel, and other
air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol.
(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting
periodic recurring testing of airmen, crewmembers, airport security screening personnel,
and other air carrier employees responsible for
safety-sensitive functions for the use of alcohol
or a controlled substance in violation of law or
a Government regulation.
(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL
AVIATION ADMINISTRATION.—(1) The Administrator shall establish a program of preemployment, reasonable suspicion, random, and postaccident testing for the use of a controlled substance in violation of law or a United States
Government regulation for employees of the Administration whose duties include responsibility
for safety-sensitive functions and shall establish
a program of reasonable suspicion, random, and
post-accident testing for the use of alcohol in
violation of law or a United States Government
regulation for such employees. The Administrator may establish a program of preemployment testing for the use of alcohol for such employees.
(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting
periodic recurring testing of employees of the
Administration responsible for safety-sensitive
functions for use of alcohol or a controlled substance in violation of law or a Government regulation.
(c) SANCTIONS.—In prescribing regulations
under the programs required by this section, the
AND

§ 45103

TITLE 49—TRANSPORTATION

Administrator shall require, as the Administrator considers appropriate, the suspension or
revocation of any certificate issued to an individual referred to in this section, or the disqualification or dismissal of the individual,
under this chapter when a test conducted and
confirmed under this chapter indicates the individual has used alcohol or a controlled substance in violation of law or a Government regulation.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1221;
Pub. L. 104–59, title III, § 342(d), Nov. 28, 1995, 109
Stat. 609; Pub. L. 107–71, title I, § 139(1), Nov. 19,
2001, 115 Stat. 640.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

45102(a) ......

49 App.:1434(a)(1).

45102(b) ......
45102(c) ......

49 App.:1434(a)(2).
49 App.:1434(a)(3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 614(a); added
Oct. 28, 1991, Pub. L.
102–143, § 3(a), 105 Stat. 953.

In subsections (a)(2) and (b)(2), the word ‘‘also’’ is
omitted as surplus.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71 substituted ‘‘personnel’’ for ‘‘contract personnel’’ wherever appearing.
1995—Subsec. (a)(1). Pub. L. 104–59, § 342(d)(1), added
par. (1) and struck out former par. (1) which read as follows: ‘‘In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall
prescribe regulations not later than October 28, 1992,
that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable
suspicion, random, and post-accident testing of airmen,
crewmembers, airport security screening contract personnel, and other air carrier employees responsible for
safety-sensitive functions (as decided by the Administrator) for the use of alcohol or a controlled substance
in violation of law or a United States Government regulation.’’
Subsec. (b)(1). Pub. L. 104–59, § 342(d)(2), added par. (1)
and struck out former par. (1) which read as follows:
‘‘The Administrator shall establish a program of preemployment, reasonable suspicion, random, and postaccident testing for the use of alcohol or a controlled
substance in violation of law or a Government regulation for employees of the Administration whose duties
include responsibility for safety-sensitive functions.’’
RULEMAKING ON RANDOM TESTING FOR PROHIBITED
DRUGS
Pub. L. 103–305, title V, § 501, Aug. 23, 1994, 108 Stat.
1594, provided that: ‘‘Not later than 180 days after the
date of the enactment of this Act [Aug. 23, 1994], the
Secretary shall complete a rulemaking proceeding and
issue a final decision on whether there should be a reduction in the annualized rate now required by the Secretary of random testing for prohibited drugs for personnel engaged in aviation activities.’’

§ 45103. Prohibited service
(a) USE OF ALCOHOL OR A CONTROLLED SUBSTANCE.—An individual may not use alcohol or a
controlled substance after October 28, 1991, in
violation of law or a United States Government
regulation and serve as an airman, crewmember,
airport security screening employee, air carrier
employee responsible for safety-sensitive functions (as decided by the Administrator of the
Federal Aviation Administration), or employee
of the Administration with responsibility for
safety-sensitive functions.

§ 45104

TITLE 49—TRANSPORTATION

(b) REHABILITATION REQUIRED TO RESUME
SERVICE.—Notwithstanding subsection (a) of
this section, an individual found to have used alcohol or a controlled substance after October 28,
1991, in violation of law or a Government regulation may serve as an airman, crewmember, airport security screening employee, air carrier
employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility
for safety-sensitive functions only if the individual completes a rehabilitation program described in section 45105 of this title.
(c) PERFORMANCE OF PRIOR DUTIES PROHIBITED.—An individual who served as an airman,
crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration
with responsibility for safety-sensitive functions
and who was found by the Administrator to have
used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government regulation may not carry out the duties
related to air transportation that the individual
carried out before the finding of the Administrator if the individual—
(1) used the alcohol or controlled substance
when on duty;
(2) began or completed a rehabilitation program described in section 45105 of this title before using the alcohol or controlled substance;
or
(3) refuses to begin or complete a rehabilitation program described in section 45105 of this
title after a finding by the Administrator
under this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1222;
Pub. L. 107–71, title I, § 139(2), Nov. 19, 2001, 115
Stat. 640.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

45103(a) ......

49 App.:1434(b)(1).

45103(b) ......
45103(c) ......

49 App.:1434(b)(2).
49 App.:1434(b)(3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 614(b); added
Oct. 28, 1991, Pub. L.
102–143, § 3(a), 105 Stat. 954.

In subsection (b), the words ‘‘Notwithstanding subsection (a) of this section’’ are added for clarity.
AMENDMENTS
2001—Pub. L. 107–71 substituted ‘‘screening employee’’
for ‘‘screening contract employee’’ wherever appearing.

§ 45104. Testing and laboratory requirements
In carrying out section 45102 of this title, the
Administrator of the Federal Aviation Administration shall develop requirements that—
(1) promote, to the maximum extent practicable, individual privacy in the collection of
specimens;
(2) for laboratories and testing procedures
for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11,
1988, and any amendments to those guidelines,
including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory controlled substances

Page 976

testing and laboratory procedures to be applied in carrying out this chapter, including
standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;
(B) the minimum list of controlled substances for which individuals may be tested;
and
(C) appropriate standards and procedures
for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out
this chapter;
(3) require that a laboratory involved in controlled substances testing under this chapter
have the capability and facility, at the laboratory, of performing screening and confirmation tests;
(4) provide that all tests indicating the use
of alcohol or a controlled substance in violation of law or a United States Government
regulation be confirmed by a scientifically
recognized method of testing capable of providing quantitative information about alcohol
or a controlled substance;
(5) provide that each specimen be subdivided,
secured, and labeled in the presence of the
tested individual and that a part of the specimen be retained in a secure manner to prevent
the possibility of tampering, so that if the individual’s confirmation test results are positive the individual has an opportunity to have
the retained part tested by a 2d confirmation
test done independently at another certified
laboratory if the individual requests the 2d
confirmation test not later than 3 days after
being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing
to detect and quantify alcohol in breath and
body fluid samples, including urine and blood,
through the development of regulations that
may be necessary and in consultation with the
Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause
does not prevent the use of test results for the
orderly imposition of appropriate sanctions
under this chapter; and
(8) ensure that employees are selected for
tests by nondiscriminatory and impartial
methods, so that no employee is harassed by
being treated differently from other employees
in similar circumstances.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1222.)
HISTORICAL AND REVISION NOTES
Revised
Section
45104 ..........

Source (U.S. Code)
49 App.:1434(d).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 614(d); added
Oct. 28, 1991, Pub. L.
102–143, § 3(a), 105 Stat. 955.

Page 977

In this section, the word ‘‘samples’’ is omitted as surplus.
In clause (2), before subclause (A), the word ‘‘subsequent’’ is omitted as surplus.
In clause (3), the words ‘‘of any individual’’ are omitted as surplus.
In clause (4), the words ‘‘by any individual’’ are omitted as surplus.
In clause (5), the word ‘‘tested’’ is substituted for ‘‘assayed’’ for consistency. The words ‘‘2d confirmation
test’’ are substituted for ‘‘independent test’’ for clarity
and consistency.
In clause (6), the word ‘‘Secretary’’ is substituted for
‘‘Department’’ for consistency in the revised title and
with other titles of the United States Code.

§ 45105. Rehabilitation
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS
FOREIGN AIR CARRIERS.—The Administrator
of the Federal Aviation Administration shall
prescribe regulations establishing requirements
for rehabilitation programs that at least provide
for the identification and opportunity for treatment of employees of air carriers and foreign air
carriers referred to in section 45102(a)(1) of this
title who need assistance in resolving problems
with the use of alcohol or a controlled substance
in violation of law or a United States Government regulation. Each air carrier and foreign air
carrier is encouraged to make such a program
available to all its employees in addition to the
employees referred to in section 45102(a)(1). The
Administrator shall decide on the circumstances
under which employees shall be required to participate in a program. This subsection does not
prevent an air carrier or foreign air carrier from
establishing a program under this subsection in
cooperation with another air carrier or foreign
air carrier.
(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL
AVIATION ADMINISTRATION.—The Administrator
shall establish and maintain a rehabilitation
program that at least provides for the identification and opportunity for treatment of employees of the Administration whose duties include responsibility for safety-sensitive functions who need assistance in resolving problems
with the use of alcohol or a controlled substance.
AND

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1223;
Pub. L. 103–429, § 6(58), Oct. 31, 1994, 108 Stat.
4385.)

EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

§ 45106. Relationship to other laws, regulations,
standards, and orders
(a) EFFECT ON STATE AND LOCAL GOVERNMENT
LAWS, REGULATIONS, STANDARDS, OR ORDERS.—A
State or local government may not prescribe,
issue, or continue in effect a law, regulation,
standard, or order that is inconsistent with regulations prescribed under this chapter. However,
a regulation prescribed under this chapter does
not preempt a State criminal law that imposes
sanctions for reckless conduct leading to loss of
life, injury, or damage to property.
(b) INTERNATIONAL OBLIGATIONS AND FOREIGN
LAWS.—(1) In prescribing regulations under this
chapter, the Administrator of the Federal Aviation Administration—
(A) shall establish only requirements applicable to foreign air carriers that are consistent with international obligations of the
United States; and
(B) shall consider applicable laws and regulations of foreign countries.
(2) The Secretaries of State and Transportation jointly shall request the governments of
foreign countries that are members of the International
Civil
Aviation
Organization
to
strengthen and enforce existing standards to
prohibit crewmembers in international civil
aviation from using alcohol or a controlled substance in violation of law or a United States
Government regulation.
(c) OTHER REGULATIONS ALLOWED.—This section does not prevent the Administrator from
continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a
controlled substance by airmen, crewmembers,
airport security screening employees, air carrier
employees responsible for safety-sensitive functions (as decided by the Administrator), or employees of the Administration with responsibility for safety-sensitive functions.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1224;
Pub. L. 107–71, title I, § 139(3), Nov. 19, 2001, 115
Stat. 640.)

HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

§ 45106

TITLE 49—TRANSPORTATION

Source (U.S. Code)

45105(a) ......

49 App.:1434(c)(1).

45105(b) ......

49 App.:1434(c)(2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 614(c); added
Oct. 28, 1991, Pub. L.
102–143, § 3(a), 105 Stat. 954.

In subsection (a), the words ‘‘of air carriers and foreign air carriers’’ are added for clarity.
PUB. L. 103–429
This amends 49:45105(a) to correct an error in the
codification enacted by section 1 of the Act of July 5,
1994 (Public Law 103–272, 108 Stat. 1224).
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–429 substituted ‘‘section
45102(a)(1)’’ for ‘‘section 45102(a)(1)(A)’’ in second sentence.

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

45106(a) ......

49 App.:1434(e)(1).

45106(b) ......
45106(c) ......

49 App.:1434(e)(3).
49 App.:1434(e)(2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 614(e); added
Oct. 28, 1991, Pub. L.
102–143, § 3(a), 105 Stat. 956.

In subsection (a), the word ‘‘prescribe’’ is substituted
for ‘‘adopt’’ for consistency in the revised title and
with other titles of the United States Code. The word
‘‘rule’’ is omitted as being synonymous with ‘‘regulation’’. The word ‘‘ordinance’’ is omitted as being included in ‘‘law’’ and ‘‘regulation’’. The words ‘‘actual’’
and ‘‘whether the provisions apply specifically to employees of an air carrier or foreign air carrier, or to the
general public’’ are omitted as surplus.
In subsection (c) the word ‘‘prevent’’ is substituted
for ‘‘restrict the discretion of’’ to eliminate unnecessary words.

§ 45107

TITLE 49—TRANSPORTATION
AMENDMENTS

2001—Subsec. (c). Pub. L. 107–71 substituted ‘‘screening employees’’ for ‘‘screening contract employees’’.

§ 45107. Transportation Security Administration
(a) TRANSFER OF FUNCTIONS RELATING TO TESTING PROGRAMS WITH RESPECT TO AIRPORT SECURITY SCREENING PERSONNEL.—The authority of
the Administrator of the Federal Aviation Administration under this chapter with respect to
programs relating to testing of airport security
screening personnel are transferred to the Under
Secretary of Transportation for Security. Notwithstanding section 45102(a), the regulations
prescribed under section 45102(a) shall require
testing of such personnel by their employers instead of by air carriers and foreign air carriers.
(b) APPLICABILITY OF CHAPTER WITH RESPECT
TO EMPLOYEES OF ADMINISTRATION.—The provisions of this chapter that apply with respect to
employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions shall apply with respect
to employees of the Transportation Security Administration whose duties include responsibility
for security-sensitive functions. The Under Secretary of Transportation for Security, the
Transportation Security Administration, and
employees of the Transportation Security Administration whose duties include responsibility
for security-sensitive functions shall be subject
to and comply with such provisions in the same
manner and to the same extent as the Administrator of the Federal Aviation Administration,
the Federal Aviation Administration, and employees of the Federal Aviation Administration
whose duties include responsibility for safetysensitive functions, respectively.
(Added Pub. L. 107–71, title I, § 139(4), Nov. 19,
2001, 115 Stat. 640.)
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

CHAPTER 453—FEES
Sec.

45301.
45302.
45303.
45304.

General provisions.
Fees involving aircraft not providing air
transportation.
Administrative provisions.
Maximum fees for private person services.
AMENDMENTS

1996—Pub. L. 104–264, title II, §§ 273(b), 276(b), Oct. 9,
1996, 110 Stat. 3240, 3248, substituted ‘‘General provisions’’ for ‘‘Authority to impose fees’’ in item 45301,
added items 45303 and 45304, and struck out former item
45303 ‘‘Maximum fees for private person services’’.

§ 45301. General provisions
(a) SCHEDULE OF FEES.—The Administrator
shall establish a schedule of new fees, and a col-

Page 978

lection process for such fees, for the following
services provided by the Administration:
(1) Air traffic control and related services
provided to aircraft other than military and
civilian aircraft of the United States government 1 or of a foreign government that neither
take off from, nor land in, the United States.
(2) Services (other than air traffic control
services) provided to a foreign government or
services provided to any entity obtaining services outside the United States, except that the
Administrator shall not impose fees in any
manner for production-certification related
service performed outside the United States
pertaining to aeronautical products manufactured outside the United States.
(b) LIMITATIONS.—
(1) AUTHORIZATION AND IMPACT CONSIDERATIONS.—In establishing fees under subsection
(a), the Administrator—
(A) is authorized to recover in fiscal year
1997 $100,000,000; and
(B) shall ensure that each of the fees required by subsection (a) is reasonably related to the Administration’s costs, as determined by the Administrator, of providing
the service rendered. Services for which
costs may be recovered include the costs of
air traffic control, navigation, weather services, training and emergency services which
are available to facilitate safe transportation over the United States, and other
services provided by the Administrator or by
programs financed by the Administrator to
flights that neither take off nor land in the
United States. The Determination 2 of such
costs by the Administrator is not subject to
judicial review.
(2) PUBLICATION; COMMENT.—The Administrator shall publish in the Federal Register an
initial fee schedule and associated collection
process as an interim final rule, pursuant to
which public comment will be sought and a
final rule issued.
(c) USE OF EXPERTS AND CONSULTANTS.—In developing the system, the Administrator may
consult with such nongovernmental experts as
the Administrator may employ and the Administrator may utilize the services of experts and
consultants under section 3109 of title 5 without
regard to the limitation imposed by the last sentence of section 3109(b) of such title, and may
contract on a sole source basis, notwithstanding
any other provision of law to the contrary. Notwithstanding any other provision of law to the
contrary, the Administrator may retain such experts under a contract awarded on a basis other
than a competitive basis and without regard to
any such provisions requiring competitive bidding or precluding sole source contract authority.
(d) PRODUCTION-CERTIFICATION RELATED SERVICE DEFINED.—In this section, the term ‘‘production-certification related service’’ has the meaning given that term in appendix C of part 187 of
title 14, Code of Federal Regulations.
(Added Pub. L. 104–264, title II, § 273(a), Oct. 9,
1996, 110 Stat. 3239; amended Pub. L. 106–181, title
1 So
2 So

in original. Probably should be capitalized.
in original. Probably should not be capitalized.

Page 979

§ 45302

TITLE 49—TRANSPORTATION

VII, § 719, Apr. 5, 2000, 114 Stat. 163; Pub. L.
107–71, title I, § 119(d), Nov. 19, 2001, 115 Stat. 629.)
PRIOR PROVISIONS
A prior section 45301, Pub. L. 103–272, § 1(e), July 5,
1994, 108 Stat. 1225; Pub. L. 103–305, title II, § 209, Aug.
23, 1994, 108 Stat. 1589; Pub. L. 104–287, § 5(76), Oct. 11,
1996, 110 Stat. 3396; Pub. L. 105–102, § 3(d)(1)(C), Nov. 20,
1997, 111 Stat. 2215, related to authority to impose fees,
prior to repeal by Pub. L. 104–264, title II, §§ 203, 273(a),
Oct. 9, 1996, 110 Stat. 3227, 3239, effective 30 days after
Oct. 9, 1996.
AMENDMENTS
2001—Subsec. (b)(1)(B). Pub. L. 107–71 substituted
‘‘reasonably’’ for ‘‘directly’’ and ‘‘Administration’s
costs, as determined by the Administrator,’’ for ‘‘Administration’s costs’’ and inserted ‘‘The Determination
of such costs by the Administrator is not subject to judicial review.’’ at end.
2000—Subsec. (a)(2). Pub. L. 106–181, § 719(1), added par.
(2) and struck out former par. (2) which read as follows:
‘‘Services (other than air traffic control services) provided to a foreign government.’’
Subsec. (d). Pub. L. 106–181, § 719(2), added subsec. (d).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE
Section effective on date that is 30 days after Oct. 9,
1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106
of this title.
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.
OVERFLIGHT FEES
Pub. L. 108–176, title II, § 229, Dec. 12, 2003, 117 Stat.
2532, provided that:
‘‘(a) ADOPTION AND LEGALIZATION OF CERTAIN RULES.—
‘‘(1) APPLICABILITY AND EFFECT OF CERTAIN LAW.—
Notwithstanding section 141(d)(1) of the Aviation and
Transportation Security Act [Pub. L. 107–71] (49
U.S.C. 44901 note), section 45301(b)(1)(B) of title 49,
United States Code, is deemed to apply to and to have
effect with respect to the authority of the Administrator of the Federal Aviation Administration with
respect to the interim final rule and final rule, relating to overflight fees, issued by the Administrator on
May 30, 2000, and August 13, 2001, respectively.
‘‘(2) ADOPTION AND LEGALIZATION.—The interim final
rule and final rule referred to in subsection (a), including the fees issued pursuant to those rules, are
adopted, legalized, and confirmed as fully to all intents and purposes as if the same had, by prior Act of
Congress, been specifically adopted, authorized, and
directed as of the date those rules were originally issued.
‘‘(3) FEES TO WHICH APPLICABLE.—This subsection
applies to fees assessed after November 19, 2001, and
before April 8, 2003, and fees collected after the requirements of subsection (b) have been met.
‘‘(b) DEFERRED COLLECTION OF FEES.—The Administrator shall defer collecting fees under section
45301(a)(1) of title 49, United States Code, until the Administrator (1) reports to Congress responding to the
issues raised by the court in Air Transport Association
of Canada v. Federal Aviation Administration and Administrator, FAA, decided on April 8, 2003, and (2)
consults with users and other interested parties regard-

ing the consistency of the fees established under such
section with the international obligations of the United
States.
‘‘(c) ENFORCEMENT.—The Administrator shall take an
appropriate enforcement action under subtitle VII of
title 49, United States Code, against any user that does
not pay a fee under section 45301(a)(1) of such title.’’

§ 45302. Fees involving aircraft not providing air
transportation
(a) APPLICATION.—This section applies only to
aircraft not used to provide air transportation.
(b) GENERAL AUTHORITY AND MAXIMUM FEES.—
The Administrator of the Federal Aviation Administration may impose fees to pay for the
costs of issuing airman certificates to pilots and
certificates of registration of aircraft and processing forms for major repairs and alterations of
fuel tanks and fuel systems of aircraft. The following fees may not be more than the amounts
specified:
(1) $12 for issuing an airman’s certificate to
a pilot.
(2) $25 for registering an aircraft after the
transfer of ownership.
(3) $15 for renewing an aircraft registration.
(4) $7.50 for processing a form for a major repair or alteration of a fuel tank or fuel system
of an aircraft.
(c) ADJUSTMENTS.—The Administrator shall
adjust the maximum fees established by subsection (b) of this section for changes in the
Consumer Price Index of All Urban Consumers
published by the Secretary of Labor.
(d) CREDIT TO ACCOUNT AND AVAILABILITY.—
Money collected from fees imposed under this
section shall be credited to the account in the
Treasury from which the Administrator incurs
expenses in carrying out chapter 441 and sections 44701–44716 of this title (except sections
44701(c), 44703(f)(2),1 and 44713(d)(2)). The money
is available to the Administrator to pay expenses for which the fees are collected.
(e) EFFECTIVE DATE.—A fee may not be imposed under this section before the date on
which the regulations prescribed under sections
44111(d), 44703(f)(2),1 and 44713(d)(2) of this title
take effect.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1225;
Pub. L. 103–429, § 6(59), Oct. 31, 1994, 108 Stat.
4385.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

45302(a) ......

49 App.:1303 (note).

45302(b), (c)

49 App.:1354(f)(1)–(3).

45302(d) ......

49 App.:1354(f)(4).

Source (Statutes at Large)
Nov. 18, 1988, Pub. L. 100–690,
§ 7214, 102 Stat. 4434.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 313(f); added
Nov. 18, 1988, Pub. L.
100–690,
§ 7207(c)(1),
102
Stat. 4427.

In subsection (b), before clause (1), the text of 49
App.:1354(f)(3) is omitted as obsolete because the final
regulations are effective. The word ‘‘impose’’ is substituted for ‘‘establish and collect’’ for consistency.
In subsection (d), the words ‘‘Money collected from
fees imposed’’ are substituted for ‘‘The amount of fees
collected’’ for clarity and consistency.
1 See

References in Text note below.

§ 45303

TITLE 49—TRANSPORTATION
PUB. L. 103–429

This amends 49:45302 because the final regulations are
not yet effective.
REFERENCES IN TEXT
Section 44703(f)(2) of this title, referred to in subsecs.
(d) and (e), was redesignated section 44703(g)(2) by Pub.
L. 106–181, title VII, § 715(1), Apr. 5, 2000, 114 Stat. 162.
AMENDMENTS
1994—Subsec. (e). Pub. L. 103–429 added subsec. (e).
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
INSPECTOR GENERAL AUDIT
Pub. L. 100–690, title VII, § 7207(c)(4), Nov. 18, 1988, 102
Stat. 4428, as amended by Pub. L. 104–66, title II, § 2041,
Dec. 21, 1995, 109 Stat. 728, provided that: ‘‘During the
5-year period beginning after the date on which fees are
first collected under section 313(f) of the Federal Aviation Act of 1958 [see subsec. (b) of this section], the Department of Transportation Inspector General shall
conduct an annual audit of the collection and use of
such fees for the purpose of ensuring that such fees do
not exceed the costs for which they are collected and
submit to Congress a report on the results of such
audit.’’
[For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which the 30th item on
page 4 identifies a reporting provision which, as subsequently amended, is contained in section 7207(c)(4) of
Pub. L. 100–690, set out as a note above), see section 3003
of Pub. L. 104–66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance.]

§ 45303. Administrative provisions
(a) FEES PAYABLE TO ADMINISTRATOR.—All fees
imposed and amounts collected under this chapter for services performed, or materials furnished, by the Federal Aviation Administration
are payable to the Administrator of the Federal
Aviation Administration.
(b) REFUNDS.—The Administrator may refund
any fee paid by mistake or any amount paid in
excess of that required.
(c) RECEIPTS CREDITED TO ACCOUNT.—Notwithstanding section 3302 of title 31, all fees and
amounts collected by the Administration, except insurance premiums and other fees charged
for the provision of insurance and deposited in
the Aviation Insurance Revolving Fund and interest earned on investments of such Fund, and
except amounts which on September 30, 1996, are
required to be credited to the general fund of the
Treasury (whether imposed under this section or
not)—
(1) shall be credited to a separate account established in the Treasury and made available
for Administration activities;
(2) shall be available immediately for expenditure but only for congressionally authorized and intended purposes; and
(3) shall remain available until expended.
(d) ANNUAL BUDGET REPORT BY
TRATOR.—The Administrator shall, on

ADMINISthe same
day each year as the President submits the annual budget to Congress, provide to the Committee on Commerce, Science, and Transportation

Page 980

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
(1) a list of fee collections by the Administration during the preceding fiscal year;
(2) a list of activities by the Administration
during the preceding fiscal year that were supported by fee expenditures and appropriations;
(3) budget plans for significant programs,
projects, and activities of the Administration,
including out-year funding estimates;
(4) any proposed disposition of surplus fees
by the Administration; and
(5) such other information as those committees consider necessary.
(e) DEVELOPMENT OF COST ACCOUNTING
TEM.—The Administration shall develop a

SYScost
accounting system that adequately and accurately reflects the investments, operating and
overhead costs, revenues, and other financial
measurement and reporting aspects of its operations.
(f) COMPENSATION TO CARRIERS FOR ACTING AS
COLLECTION AGENTS.—The Administration shall
prescribe regulations to ensure that any air carrier required, pursuant to the Air Traffic Management System Performance Improvement Act
of 1996 or any amendments made by that Act, to
collect a fee imposed on another party by the
Administrator may collect from such other
party an additional uniform amount that the
Administrator determines reflects the necessary
and reasonable expenses (net of interest accruing to the carrier after collection and before remittance) incurred in collecting and handling
the fee.
(Added Pub. L. 104–264, title II, § 276(a)(2), Oct. 9,
1996, 110 Stat. 3247.)
REFERENCES IN TEXT

The Air Traffic Management System Performance
Improvement Act of 1996, referred to in subsec. (f), is
title II of Pub. L. 104–264, Oct. 9, 1996, 110 Stat. 3227. For
complete classification of this Act to the Code, see
Short Title of 1996 Amendment note set out under section 40101 of this title and Tables.
PRIOR PROVISIONS
A prior section 45303 was renumbered section 45304 of
this title.
EFFECTIVE DATE
Section effective on date that is 30 days after Oct. 9,
1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106
of this title.
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.

§ 45304. Maximum fees for private person services
The Administrator of the Federal Aviation
Administration may establish maximum fees
that private persons may charge for services
performed under a delegation to the person
under section 44702(d) of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1225,
§ 45303; renumbered § 45304, Pub. L. 104–264, title
II, § 276(a)(1), Oct. 9, 1996, 110 Stat. 3247.)

Page 981

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

45303 ..........

49 App.:1355(a) (last
sentence related
to fees).
49 App.:1655(c)(1).

Aug. 23, 1958, Pub. L. 85–726,
§ 314(a) (last sentence related to fees), 72 Stat. 754.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

In this section, the word ‘‘Administrator’’ in section
314(a) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 754) is retained on authority of 49:106(g).
The words ‘‘services performed under a delegation to
the person under section 44702(d) of this title’’ are substituted for ‘‘their services’’ because of the restatement.
SUBPART IV—ENFORCEMENT AND PENALTIES

CHAPTER 461—INVESTIGATIONS AND
PROCEEDINGS
Sec.

46101.
46102.
46103.
46104.
46105.
46106.
46107.
46108.
46109.
46110.
46111.

§ 46101

TITLE 49—TRANSPORTATION

Complaints and investigations.
Proceedings.
Service of notice, process, and actions.
Evidence.
Regulations and orders.
Enforcement by the Department of Transportation.
Enforcement by the Attorney General.
Enforcement of certificate requirements by
interested persons.
Joinder and intervention.
Judicial review.
Certificate actions in response to a security
threat.
AMENDMENTS

(3) The Secretary of Transportation, Under
Secretary, or Administrator may dismiss a complaint without a hearing when the Secretary,
Under Secretary, or Administrator is of the
opinion that the complaint does not state facts
that warrant an investigation or action.
(4) After notice and an opportunity for a hearing and subject to section 40105(b) of this title,
the Secretary of Transportation, Under Secretary, or Administrator shall issue an order to
compel compliance with this part if the Secretary, Under Secretary, or Administrator finds
in an investigation under this subsection that a
person is violating this part.
(b) COMPLAINTS AGAINST MEMBERS OF ARMED
FORCES.—The Secretary of Transportation,
Under Secretary, or Administrator shall refer a
complaint against a member of the armed forces
of the United States performing official duties
to the Secretary of the department concerned
for action. Not later than 90 days after receiving
the complaint, the Secretary of that department
shall inform the Secretary of Transportation,
Under Secretary, or Administrator of the action
taken on the complaint, including any corrective or disciplinary action taken.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1226;
Pub. L. 107–71, title I, § 140(b)(1)–(3), Nov. 19, 2001,
115 Stat. 641.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

46101(a)(1) ..

49 App.:1482(a) (1st,
2d sentences).
49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726,
§ 1002(a), (b), 72 Stat. 788.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

2003—Pub. L. 108–176, title VI, § 601(b), Dec. 12, 2003, 117
Stat. 2563, added item 46111.
2001—Pub. L. 107–71, title I, § 140(b)(8), Nov. 19, 2001,
115 Stat. 641, substituted ‘‘Department of Transportation’’ for ‘‘Secretary of Transportation and Administrator of the Federal Aviation Administration’’ in item
46106.

46101(a)(2) ..

§ 46101. Complaints and investigations

46101(a)(3) ..

(a) GENERAL.—(1) A person may file a complaint in writing with the Secretary of Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by
the Under Secretary or the Administrator of the
Federal Aviation Administration with respect to
aviation safety duties and powers designated to
be carried out by the Administrator) about a
person violating this part or a requirement prescribed under this part. Except as provided in
subsection (b) of this section, the Secretary,
Under Secretary, or Administrator shall investigate the complaint if a reasonable ground appears to the Secretary, Under Secretary, or Administrator for the investigation.
(2) On the initiative of the Secretary, Under
Secretary, or Administrator, as appropriate, the
Secretary, Under Secretary, or Administrator
may conduct an investigation, if a reasonable
ground appears to the Secretary, Under Secretary, or Administrator for the investigation,
about—
(A) a person violating this part or a requirement prescribed under this part; or
(B) any question that may arise under this
part.

49 App.:1655(c)(1).

46101(a)(4) ..

46101(b) ......

49 App.:1482(b).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1482(a) (3d
sentence).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1482(c).

Aug. 23, 1958, Pub. L. 85–726,
§ 1002(c), 72 Stat. 789; Feb.
15, 1980, Pub. L. 96–192,
§ 25, 94 Stat. 47.

49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1482(a) (4th,
last sentences).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In subsection (a)(1), the words ‘‘the Secretary of
Transportation (or the Administrator of the Federal
Aviation Administration with respect to aviation safety duties and powers designated to be carried out by
the Administrator) about a person violating this part
or a requirement prescribed under this part’’ are substituted for ‘‘the Secretary of Transportation or the
Board, as to matters within their respective jurisdictions . . . with respect to anything done or omitted to
be done by any person in contravention of any provisions of this chapter, or of any requirement established
pursuant thereto’’ for clarity and because of the restatement. The words ‘‘Except as provided in subsection (b) of this section’’ are added because of the restatement of the source provisions in subsection (b) of
this section. The words ‘‘If the person complained
against shall not satisfy the complaint and’’ are omitted as surplus.
In subsection (a)(2), before clause (A), the words ‘‘the
Secretary of Transportation or the Administrator, as

§ 46102

TITLE 49—TRANSPORTATION

appropriate’’ are substituted for ‘‘The Secretary of
Transportation or Board, with respect to matters within their respective jurisdictions’’ to eliminate unnecessary words. The words ‘‘if a reasonable ground appears
to the Secretary or Administrator for the investigation’’ are substituted for 49 App.:1482(b) (last sentence)
for clarity and to eliminate unnecessary words. Clause
(A) is substituted for ‘‘in any case and as to any matter
or thing within their respective jurisdictions, concerning which complaint is authorized to be made to or before the Secretary of Transportation or Board by any
provision of this chapter . . . or relating to the enforcement of any of the provisions of this chapter’’ for clarity and to eliminate unnecessary words.
In subsection (a)(4), the words ‘‘an opportunity for a’’
are added for consistency in the revised title and with
other titles of the United States Code. The words ‘‘compel compliance with this part’’ are substituted for
‘‘compel such person to comply therewith’’ for clarity.
The words ‘‘in an investigation under this subsection’’
are substituted for ‘‘in any investigation instituted
upon complaint or upon their own initiative’’ to eliminate unnecessary words. The words ‘‘is violating this
part’’ are substituted for ‘‘has failed to comply with
any provision of this chapter or any requirement established pursuant thereto’’ for clarity and to eliminate
unnecessary words. The words ‘‘with respect to matters
within their jurisdiction’’ are omitted as unnecessary
because of the restatement.
AMENDMENTS
2001—Subsec. (a)(1). Pub. L. 107–71, § 140(b)(1), (2), inserted ‘‘the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or’’
after ‘‘(or’’ and substituted ‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’ in two places.
Subsec. (a)(2). Pub. L. 107–71, § 140(b)(2), (3), in introductory provisions, substituted ‘‘, Under Secretary, or
Administrator, as’’ for ‘‘of Transportation or the Administrator, as’’ and substituted ‘‘, Under Secretary, or
Administrator’’ for ‘‘or Administrator’’ in two places.
Subsec. (a)(3), (4). Pub. L. 107–71, § 140(b)(2), substituted ‘‘, Under Secretary, or Administrator’’ for ‘‘or
Administrator’’ wherever appearing.
Subsec. (b). Pub. L. 107–71, § 140(b)(2), substituted
‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’ in two places.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 46102. Proceedings
(a) CONDUCTING PROCEEDINGS.—Subject to subchapter II of chapter 5 of title 5, the Secretary
of Transportation (or the Under Secretary of
Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration
with respect to aviation safety duties and powers designated to be carried out by the Administrator) may conduct proceedings in a way conducive to justice and the proper dispatch of business.
(b) APPEARANCE.—A person may appear and be
heard before the Secretary, the Under Sec-

Page 982

retary, and the Administrator in person or by an
attorney. The Secretary may appear and participate as an interested party in a proceeding the
Administrator conducts under section 40113(a) of
this title.
(c) RECORDING AND PUBLIC ACCESS.—Official
action taken by the Secretary, Under Secretary,
and Administrator under this part shall be recorded. Proceedings before the Secretary, Under
Secretary, and Administrator shall be open to
the public on the request of an interested party
unless the Secretary, Under Secretary, or Administrator decides that secrecy is required because of national defense.
(d) CONFLICTS OF INTEREST.—The Secretary,
the Under Secretary, the Administrator, or an
officer or employee of the Administration may
not participate in a proceeding referred to in
subsection (a) of this section in which the individual has a pecuniary interest.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1226;
Pub. L. 107–71, title I, § 140(b)(1), (2), (4)–(6), Nov.
19, 2001, 115 Stat. 641.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

46102(a) ......

49 App.:1481 (1st sentence).
49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726,
§ 1001, 72 Stat. 788.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1655(c)(1).

46102(b) ......

46102(c) ......

46102(d) ......

49 App.:1481 (3d, 4th
sentences).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1481 (last
sentence).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1481 (2d sentence).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In subsection (a), the cross-reference to chapter 7 of
title 5 is omitted as unnecessary.
In subsection (b), the text of 49 App.:1481 (4th sentence words after last comma) is omitted as obsolete.
The words ‘‘National Transportation Safety Board’’
were substituted for ‘‘Board’’ in 49 App.:1481 (4th sentence) because 49 App.:1655(d) transferred all functions,
duties, and powers of the Civil Aeronautics Board under
titles VI and VII of the Federal Aviation Act of 1958
(Public Law 85–726, 72 Stat. 775) to the Secretary of
Transportation to be carried out through the former
National Transportation Safety Board in the Department of Transportation. Title VI includes sections 602
and 609 [49 App.:1422, 1429], that provide for appeals to
the Civil Aeronautics Board (subsequently transferred
to the National Transportation Safety Board), and section 611(e) [49 App.:1431(e)], that provides for appeals to
the National Transportation Safety Board. Under 49
App.:1902(a), the National Transportation Safety Board
in the Department of Transportation was replaced by
an independent National Transportation Safety Board
outside the Department, and 49 App.:1903(a)(9)(A) gave
the independent Board the authority to review appeals
from actions of the Secretary under 49 App.:1422, 1429,
and 1431(e).
In subsection (c), the words ‘‘vote and’’ are omitted
as surplus.
In subsection (d), the words ‘‘officer or employee of
the Administration’’ are substituted for ‘‘member’’ for
clarity and consistency in the revised title and with
other titles of the United States Code. The words

Page 983

§ 46104

TITLE 49—TRANSPORTATION

‘‘hearing or’’ are omitted as surplus. The words ‘‘referred to in subsection (a) of this section’’ are added for
clarity.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71, § 140(b)(1), inserted
‘‘the Under Secretary of Transportation for Security
with respect to security duties and powers designated
to be carried out by the Under Secretary or’’ after
‘‘(or’’.
Subsec. (b). Pub. L. 107–71, § 140(b)(4), substituted
‘‘, the Under Secretary, and the Administrator’’ for
‘‘and the Administrator’’.
Subsec. (c). Pub. L. 107–71, § 140(b)(2), (5), substituted
‘‘, Under Secretary, and Administrator’’ for ‘‘and Administrator’’ in two places and ‘‘, Under Secretary, or
Administrator’’ for ‘‘or Administrator’’.
Subsec. (d). Pub. L. 107–71, § 140(b)(6), inserted ‘‘the
Under Secretary,’’ after ‘‘Secretary,’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

46103(a) ......

49 App.:1485(b) (1st
sentence).
49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726,
§ 1005(b), 72 Stat. 794..
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
§ 1005(c), 72 Stat. 794; restated Aug. 25, 1959, Pub.
L. 86–199, 73 Stat. 427.

49 App.:1655(c)(1).

46103(b) ......

49 App.:1485(c).

46103(c) ......

49 App.:1485(b) (last
sentence).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In subsection (a)(1), the words ‘‘in a proceeding before’’ are added for clarity. The word ‘‘action’’ is substituted for ‘‘orders, decisions, and requirements’’ to
eliminate unnecessary words. The words ‘‘for and on
behalf of said carrier’’ are omitted as surplus.
In subsection (a)(2)(B), the words ‘‘from time to
time’’ are omitted as surplus.
In subsection (b)(1)(B), the words ‘‘in writing for the
purpose’’ are omitted as surplus.
In subsection (b)(1)(C), the word ‘‘addressed’’ is omitted as surplus.
In subsection (b)(2), the word ‘‘date’’ is substituted
for ‘‘time’’ for clarity and consistency.
In subsection (c), the words ‘‘with like effect as if
made personally upon such carrier’’ are omitted as surplus.

§ 46103. Service of notice, process, and actions
(a) DESIGNATING AGENTS.—(1) Each air carrier
and foreign air carrier shall designate an agent
on whom service of notice and process in a proceeding before, and an action of, the Secretary
of Transportation (or the Under Secretary of
Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration
with respect to aviation safety duties and powers designated to be carried out by the Administrator) may be made.
(2) The designation—
(A) shall be in writing and filed with the
Secretary, Under Secretary, or Administrator;
and
(B) may be changed in the same way as
originally made.
(b) SERVICE.—(1) Service may be made—
(A) by personal service;
(B) on a designated agent; or
(C) by certified or registered mail to the person to be served or the designated agent of the
person.
(2) The date of service made by certified or
registered mail is the date of mailing.
(c) SERVING AGENTS.—Service on an agent designated under this section shall be made at the
office or usual place of residence of the agent. If
an air carrier or foreign air carrier does not
have a designated agent, service may be made
by posting the notice, process, or action in the
office of the Secretary, Under Secretary, or Administrator.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1227;
Pub. L. 107–71, title I, § 140(b)(1), (2), Nov. 19, 2001,
115 Stat. 641.)

AMENDMENTS
2001—Subsec. (a)(1). Pub. L. 107–71, § 140(b)(1), inserted
‘‘the Under Secretary of Transportation for Security
with respect to security duties and powers designated
to be carried out by the Under Secretary or’’ after
‘‘(or’’.
Subsec. (a)(2)(A). Pub. L. 107–71, § 140(b)(2), substituted ‘‘, Under Secretary, or Administrator’’ for ‘‘or
Administrator’’.
Subsec. (c). Pub. L. 107–71, § 140(b)(2), substituted
‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 46104. Evidence
(a) GENERAL.—In conducting a hearing or investigation under this part, the Secretary of
Transportation (or the Under Secretary of
Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration
with respect to aviation safety duties and powers designated to be carried out by the Administrator) may—
(1) subpena witnesses and records related to
a matter involved in the hearing or investigation from any place in the United States to
the designated place of the hearing or investigation;

§ 46104

TITLE 49—TRANSPORTATION

(2) administer oaths;
(3) examine witnesses; and
(4) receive evidence at a place in the United
States the Secretary, Under Secretary, or Administrator designates.
(b) COMPLIANCE WITH SUBPENAS.—If a person
disobeys a subpena, the Secretary, the Under
Secretary, the Administrator, or a party to a
proceeding before the Secretary, Under Secretary, or Administrator may petition a court of
the United States to enforce the subpena. A judicial proceeding to enforce a subpena under
this section may be brought in the jurisdiction
in which the proceeding or investigation is conducted. The court may punish a failure to obey
an order of the court to comply with the subpena as a contempt of court.
(c) DEPOSITIONS.—(1) In a proceeding or investigation, the Secretary, Under Secretary, or Administrator may order a person to give testimony by deposition and to produce records. If a
person fails to be deposed or to produce records,
the order may be enforced in the same way a
subpena may be enforced under subsection (b) of
this section.
(2) A deposition may be taken before an individual designated by the Secretary, Under Secretary, or Administrator and having the power
to administer oaths.
(3) Before taking a deposition, the party or the
attorney of the party proposing to take the deposition must give reasonable notice in writing
to the opposing party or the attorney of record
of that party. The notice shall state the name of
the witness and the time and place of taking the
deposition.
(4) The testimony of a person deposed under
this subsection shall be under oath. The person
taking the deposition shall prepare, or cause to
be prepared, a transcript of the testimony
taken. The transcript shall be subscribed by the
deponent. Each deposition shall be filed promptly with the Secretary, Under Secretary, or Administrator.
(5) If the laws of a foreign country allow, the
testimony of a witness in that country may be
taken by deposition—
(A) by a consular officer or an individual
commissioned by the Secretary, Under Secretary, or Administrator or agreed on by the
parties by written stipulation filed with the
Secretary, Under Secretary, or Administrator;
or
(B) under letters rogatory issued by a court
of competent jurisdiction at the request of the
Secretary, Under Secretary, or Administrator.
(d) WITNESS FEES AND MILEAGE AND CERTAIN
FOREIGN COUNTRY EXPENSES.—A witness summoned before the Secretary, Under Secretary, or
Administrator or whose deposition is taken
under this section and the individual taking the
deposition are each entitled to the same fee and
mileage that the witness and individual would
have been paid for those services in a court of
the United States. Under regulations of the Secretary, Under Secretary, or Administrator, the
Secretary, Under Secretary, or Administrator
shall pay the necessary expenses incident to executing, in another country, a commission or letter rogatory issued at the initiative of the Secretary, Under Secretary, or Administrator.

Page 984

(e) DESIGNATING EMPLOYEES TO CONDUCT
INGS.—When designated by the Secretary,

HEARUnder
Secretary, or Administrator, an employee appointed under section 3105 of title 5 may conduct
a hearing, subpena witnesses, administer oaths,
examine witnesses, and receive evidence at a
place in the United States the Secretary, Under
Secretary, or Administrator designates. On request of a party, the Secretary, Under Secretary, or Administrator shall hear or receive
argument.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1227;
Pub. L. 107–71, title I, § 140(b)(1), (2), (6), Nov. 19,
2001, 115 Stat. 641.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

46104(a) ......

49 App.:1354(c) (related to this chapter).

Aug. 23, 1958, Pub. L. 85–726,
§§ 313(c) (related to this
Act), 1004(a)–(h), 72 Stat.
753, 792.

49 App.:1484(a) (related to member
of the Board), (b)
(1st sentence), (c)
(1st sentence).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46104(b) ......

46104(c)(1) ..

46104(c)(2) ..

46104(c)(3) ..

46104(c)(4) ..

46104(c)(5) ..

46104(d) ......

46104(e) ......

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1354(c) (related to this chapter).
49 App.:1484(c) (last
sentence), (d).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this chapter).
49 App.:1484(e) (1st,
last sentences).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this chapter).
49 App.:1484(e) (2d
sentence).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this chapter).
49 App.:1484(e) (3d
sentence).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this chapter).
49 App.:1484(f).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this chapter).
49 App.:1484(g).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this chapter).
49 App.:1484(b) (last
sentence), (h).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this chapter).
49 App.:1484(a) (related to examiner).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In this section, the word ‘‘Administrator’’ in section
313(c) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 753) is retained on authority of 49:106(g).
Subsection (a)(1) is substituted for ‘‘sign and issue
subpenas’’, ‘‘shall have the power to require by subpena

Page 985

§ 46105

TITLE 49—TRANSPORTATION

the attendance and testimony of witnesses and the production of all books, papers, and documents relating to
any matter under investigation’’, and ‘‘The attendance
of witnesses, and the production of books, papers, and
documents, may be required from any place in the
United States, at any designated place of hearing’’ in 49
App.:1484 for clarity and consistency in the revised title
and with other titles of the United States Code and to
eliminate unnecessary words.
In subsection (b), the words ‘‘petition a court of the
United States to enforce the subpena’’ are substituted
for ‘‘invoke the aid of any court of the United States in
requiring attendance and testimony of witnesses and
the production of such books, papers, and documents
under the provisions of this section’’ in 49 App.:1484(c)
to eliminate unnecessary words. The words ‘‘to enforce
a subpena under this section’’ are substituted for ‘‘in
case of contumacy or refusal to obey a subpena issued
to any person, issue an order requiring such person to
appear before the Board (and produce books, papers, or
documents if so ordered) and give evidence touching
the matter in question’’ in 49 App.:1484(d) to eliminate
unnecessary words.
In subsection (c)(1), the words ‘‘pending before it, at
any stage of such proceeding or investigation’’ in 49
App.:1484(e) are omitted as surplus. The words ‘‘a person to give’’ are substituted for ‘‘to be taken’’, and the
words ‘‘to produce records’’ are added, for clarity and
consistency. The last sentence is substituted for 49
App.:1484(e) (last sentence) for clarity and consistency
and to eliminate unnecessary words.
In subsection (c)(4), the words ‘‘shall be cautioned
. . . to testify the whole truth, and shall be carefully
examined’’ in 49 App.:1484(f) are omitted as surplus. The
words ‘‘shall be under oath’’ are substituted for ‘‘shall
be required to swear (or affirm, if he so requests)’’ for
consistency and because of 1:1.
In subsection (d), the words ‘‘that the witness and individual would have been’’ are added for clarity and
consistency in the revised title and with other titles of
the Code. The words ‘‘fees, charges, or’’ and ‘‘on the
subject’’ are omitted as surplus.
In subsection (e), the words ‘‘duly . . . for such purpose’’ are omitted as surplus. The words ‘‘employee appointed under section 3105 of title 5’’ are substituted for
‘‘examiner’’, and the words ‘‘subpena witnesses’’ are
substituted for ‘‘sign and issue subpenas’’, for consistency in the revised title and with other titles of the
Code. The words ‘‘In all cases heard by an examiner or
a single member’’ are omitted as surplus.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71, § 140(b)(1), in introductory provisions inserted ‘‘the Under Secretary of
Transportation for Security with respect to security
duties and powers designated to be carried out by the
Under Secretary or’’ after ‘‘(or’’.
Subsec. (a)(4). Pub. L. 107–71, § 140(b)(2), substituted
‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’.
Subsec. (b). Pub. L. 107–71, § 140(b)(2), (6), inserted
‘‘the Under Secretary,’’ after ‘Secretary,’’ and substituted ‘‘, Under Secretary, or Administrator’’ for ‘‘or
Administrator’’.
Subsecs. (c) to (e). Pub. L. 107–71, § 140(b)(2), substituted ‘‘, Under Secretary, or Administrator’’ for ‘‘or
Administrator’’ wherever appearing.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 46105. Regulations and orders
(a) EFFECTIVENESS OF ORDERS.—Except as provided in this part, a regulation prescribed or
order issued by the Secretary of Transportation
(or the Under Secretary of Transportation for
Security with respect to security duties and
powers designated to be carried out by the
Under Secretary or the Administrator of the
Federal Aviation Administration with respect to
aviation safety duties and powers designated to
be carried out by the Administrator) takes effect within a reasonable time prescribed by the
Secretary, Under Secretary, or Administrator.
The regulation or order remains in effect under
its own terms or until superseded. Except as provided in this part, the Secretary, Under Secretary, or Administrator may amend, modify, or
suspend an order in the way, and by giving the
notice, the Secretary, Under Secretary, or Administrator decides.
(b) CONTENTS AND SERVICE OF ORDERS.—An
order of the Secretary, Under Secretary, or Administrator shall include the findings of fact on
which the order is based and shall be served on
the parties to the proceeding and the persons affected by the order.
(c) EMERGENCIES.—When the Administrator is
of the opinion that an emergency exists related
to safety in air commerce and requires immediate action, the Administrator, on the initiative of the Administrator or on complaint, may
prescribe regulations and issue orders immediately to meet the emergency, with or without
notice and without regard to this part and subchapter II of chapter 5 of title 5. The Administrator shall begin a proceeding immediately
about an emergency under this subsection and
give preference, when practicable, to the proceeding.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1228;
Pub. L. 107–71, title I, § 140(b)(1), (2), Nov. 19, 2001,
115 Stat. 641.)
HISTORICAL AND REVISION NOTES
Revised
Section
46105(a) ......

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1485(a)
(words before 1st
proviso), (d), (e).
49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726,
§ 1005(a), (d)–(f), 72 Stat.
794.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1655(c)(1).

46105(b) ......
46105(c) ......

49 App.:1485(f).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1485(a) (provisos).
49 App.:1655(c)(1).

In subsection (a), the words ‘‘under its own terms or
until superseded’’ are substituted for ‘‘until their further order, rule, or regulation, or for a specified period
of time, as shall be prescribed in the order, rule, or regulation’’ for clarity and to eliminate unnecessary
words. The word ‘‘amend’’ is added for consistency in
the revised title. The text of 49 App.:1485(e) is omitted
as surplus.
In subsection (c), the words ‘‘without complaint’’ and
‘‘if he so orders’’ are omitted as surplus. The words
‘‘prescribe . . . issue’’ are substituted for ‘‘make’’ for
consistency in the revised title and with other titles of
the United States Code. The words ‘‘just and reason-

§ 46106

TITLE 49—TRANSPORTATION

able’’ and ‘‘as may be essential in the interest of safety
in air commerce’’ are omitted as surplus. The words
‘‘without regard to this part and subchapter II of chapter 5 of title 5’’ are substituted for ‘‘without answer or
other form of pleading by the interested person or persons, and . . . hearing, or the making or filing of a report’’ to eliminate unnecessary words. The words ‘‘over
all others under this chapter’’ are omitted as surplus.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71, § 140(b)(1), (2), inserted ‘‘the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or’’
after ‘‘(or’’ and substituted ‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’ wherever appearing.
Subsec. (b). Pub. L. 107–71, § 140(b)(2), substituted
‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 46106. Enforcement
Transportation

by

the

Department

of

The Secretary of Transportation (or the Under
Secretary of Transportation for Security with
respect to security duties and powers designated
to be carried out by the Under Secretary or the
Administrator of the Federal Aviation Administration with respect to aviation safety duties
and powers designated to be carried out by the
Administrator) may bring a civil action against
a person in a district court of the United States
to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part. The
action may be brought in the judicial district in
which the person does business or the violation
occurred.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1229;
Pub. L. 107–71, title I, § 140(b)(1), (7), Nov. 19, 2001,
115 Stat. 641.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

46106 ..........

49 App.:1487(a) (related to Secretary
and CAB).

Aug. 23, 1958, Pub. L. 85–726,
§ 1007(a) (related to Administrator and CAB), 72
Stat. 796.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

The words ‘‘their duly authorized agents’’ are omitted as surplus. The words ‘‘may bring a civil action’’
are substituted for ‘‘may apply’’ for consistency in the
revised title and with other titles of the United States
Code and rule 2 of the Federal Rules of Civil Procedure
(28 App. U.S.C.). The word ‘‘prescribed’’ is added for
consistency in the revised title and with other titles of

Page 986

the Code. The words ‘‘condition, or limitation’’ are
omitted as being included in ‘‘term’’. The text of 49
App.:1487(a) (words after semicolon related to Secretary
and CAB) is omitted as surplus because of 28:1651 and
rule 81(b) of the Federal Rules of Civil Procedure (28
App. U.S.C.).
AMENDMENTS
2001—Pub. L. 107–71, § 140(b)(7), substituted ‘‘Department of Transportation’’ for ‘‘Secretary of Transportation and Administrator of the Federal Aviation Administration’’ in section catchline.
Pub. L. 107–71, § 140(b)(1), inserted ‘‘the Under Secretary of Transportation for Security with respect to
security duties and powers designated to be carried out
by the Under Secretary or’’ after ‘‘(or’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 46107. Enforcement by the Attorney General
(a) CIVIL ACTIONS TO ENFORCE SECTION
40106(b).—The Attorney General may bring a
civil action in a district court of the United
States against a person to enforce section
40106(b) of this title. The action may be brought
in the judicial district in which the person does
business or the violation occurred.
(b) CIVIL ACTIONS TO ENFORCE THIS PART.—(1)
On request of the Secretary of Transportation
(or the Under Secretary of Transportation for
Security with respect to security duties and
powers designated to be carried out by the
Under Secretary or the Administrator of the
Federal Aviation Administration with respect to
aviation safety duties and powers designated to
be carried out by the Administrator), the Attorney General may bring a civil action in an appropriate court—
(A) to enforce this part or a requirement or
regulation prescribed, or an order or any term
of a certificate or permit issued, under this
part; and
(B) to prosecute a person violating this part
or a requirement or regulation prescribed, or
an order or any term of a certificate or permit
issued, under this part.
(2) The costs and expenses of a civil action
shall be paid out of the appropriations for the
expenses of the courts of the United States.
(c) PARTICIPATION OF SECRETARY, UNDER SECRETARY, OR ADMINISTRATOR.—On request of the
Attorney General, the Secretary, Under Secretary, or Administrator, as appropriate, may
participate in a civil action under this part.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1229;
Pub. L. 107–71, title I, § 140(b)(1), (2), Nov. 19, 2001,
115 Stat. 641.)

Page 987

HISTORICAL AND REVISION NOTES
Revised
Section
46107(a) ......

46107(b) ......

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1487(a) (related to Attorney
General).

Aug. 23, 1958, Pub. L. 85–726,
§ 1007(a) (related to Attorney General), 72 Stat. 796;
Aug. 5, 1974, Pub. L.
93–366, § 108, 88 Stat. 414.
Aug. 23, 1958, Pub. L. 85–726,
§§ 1007(b) (related to Administrator and CAB),
1008 (related to Administrator and CAB), 72 Stat.
796.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1487(b) (related to Secretary
and CAB).

49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46107(c) ......

§ 46110

TITLE 49—TRANSPORTATION

49 App.:1488 (related
to Secretary and
CAB).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In subsection (a), the words ‘‘may bring a civil action’’ are substituted for ‘‘may apply’’ for consistency
in the revised title and with other titles of the United
States Code and rule 2 of the Federal Rules of Civil
Procedure (28 App. U.S.C.). The text of 49 App.:1487(a)
(words after semicolon related to Attorney General) is
omitted as surplus because of 28:1651 and rule 81(b) of
the Federal Rules of Civil Procedure.
In subsection (b)(1), before clause (A), the words ‘‘Attorney General’’ are substituted for ‘‘any district attorney of the United States to whom the Board or Secretary of Transportation may apply’’, and the words
‘‘under the direction of the Attorney General’’ are
omitted, because of 28:503 and 509. The words ‘‘bring a
civil action’’ are substituted for ‘‘institute . . . and to
prosecute . . . all necessary proceedings’’ for consistency in the revised title and with other titles of the
Code and rule 2 of the Federal Rules of Civil Procedure.
In clauses (A) and (B), the words ‘‘prescribed’’ and ‘‘issued’’ are added for consistency in the revised title and
with other titles of the Code. The words ‘‘condition, or
limitation’’ are omitted as being included in ‘‘term’’.
In subsection (b)(2), the words ‘‘civil action’’ are substituted for ‘‘prosecutions’’ for consistency in the revised title and with other titles of the Code.
In subsection (c), the words ‘‘civil action’’ are substituted for ‘‘proceeding in court’’ for consistency in
the revised title and with other titles of the Code and
rule 2 of the Federal Rules of Civil Procedure.
AMENDMENTS
2001—Subsec. (b)(1). Pub. L. 107–71, § 140(b)(1), in introductory provisions, inserted ‘‘the Under Secretary of
Transportation for Security with respect to security
duties and powers designated to be carried out by the
Under Secretary or’’ after ‘‘(or’’.
Subsec. (c). Pub. L. 107–71, § 140(b)(2), substituted
‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’ in heading and text.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 46108. Enforcement of certificate requirements
by interested persons
An interested person may bring a civil action
in a district court of the United States against

a person to enforce section 41101(a)(1) of this
title. The action may be brought in the judicial
district in which the defendant does business or
the violation occurred.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1229.)
HISTORICAL AND REVISION NOTES
Revised
Section
46108 ..........

Source (U.S. Code)
49 App.:1487(a) (related to party in
interest).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1007(a) (related to party
in interest), 72 Stat. 796.

The words ‘‘interested person’’ are substituted for
‘‘party in interest’’ for consistency. The words ‘‘may
bring a civil action’’ are substituted for ‘‘may apply’’
for consistency in the revised title and with other titles
of the United States Code and rule 2 of the Federal
Rules of Civil Procedure (28 App. U.S.C.). The text of 49
App.:1487(a) (words after semicolon related to party in
interest) is omitted as surplus because of 28:1651 and
rule 81(b) of the Federal Rules of Civil Procedure.

§ 46109. Joinder and intervention
A person interested in or affected by a matter
under consideration in a proceeding before the
Secretary of Transportation or civil action to
enforce this part or a requirement or regulation
prescribed, or an order or any term of a certificate or permit issued, under this part may be
joined as a party or permitted to intervene in
the proceeding or civil action.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1230.)
HISTORICAL AND REVISION NOTES
Revised
Section
46109 ..........

Source (U.S. Code)
49 App.:1489.
49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1009, 72 Stat. 796.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

The words ‘‘proceeding . . . or civil action’’ are substituted for ‘‘proceeding . . . whether such proceedings
be instituted . . . or be begun originally in any court of
the United States’’ for consistency in the revised title
and with other titles of the United States Code and rule
2 of the Federal Rules of Civil Procedure (28 App.
U.S.C.). The words ‘‘prescribed . . . issued’’ are added
for consistency in the revised title and with other titles
of the Code. The words ‘‘condition, or limitation’’ are
omitted as being included in ‘‘term’’. The words ‘‘may
be joined as a party or permitted to intervene’’ are substituted for ‘‘it shall be lawful to include as parties, or
to permit the intervention of’’ for clarity. The text of
49 App.:1489 (words after semicolon) is omitted as surplus.

§ 46110. Judicial review
(a) FILING AND VENUE.—Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or
41509(f) of this title, a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers designated
to be carried out by the Under Secretary or the
Administrator of the Federal Aviation Administration with respect to aviation duties and pow-

§ 46110

TITLE 49—TRANSPORTATION

ers designated to be carried out by the Administrator) in whole or in part under this part, part
B, or subsection (l) or (s) of section 114 may
apply for review of the order by filing a petition
for review in the United States Court of Appeals
for the District of Columbia Circuit or in the
court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be
filed not later than 60 days after the order is issued. The court may allow the petition to be
filed after the 60th day only if there are reasonable grounds for not filing by the 60th day.
(b) JUDICIAL PROCEDURES.—When a petition is
filed under subsection (a) of this section, the
clerk of the court immediately shall send a copy
of the petition to the Secretary, Under Secretary, or Administrator, as appropriate. The
Secretary, Under Secretary, or Administrator
shall file with the court a record of any proceeding in which the order was issued, as provided in
section 2112 of title 28.
(c) AUTHORITY OF COURT.—When the petition is
sent to the Secretary, Under Secretary, or Administrator, the court has exclusive jurisdiction
to affirm, amend, modify, or set aside any part
of the order and may order the Secretary, Under
Secretary, or Administrator to conduct further
proceedings. After reasonable notice to the Secretary, Under Secretary, or Administrator, the
court may grant interim relief by staying the
order or taking other appropriate action when
good cause for its action exists. Findings of fact
by the Secretary, Under Secretary, or Administrator, if supported by substantial evidence, are
conclusive.
(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing an order under this section, the court
may consider an objection to an order of the
Secretary, Under Secretary, or Administrator
only if the objection was made in the proceeding
conducted by the Secretary, Under Secretary, or
Administrator or if there was a reasonable
ground for not making the objection in the proceeding.
(e) SUPREME COURT REVIEW.—A decision by a
court under this section may be reviewed only
by the Supreme Court under section 1254 of title
28.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1230;
Pub. L. 107–71, title I, § 140(b)(1), (2), Nov. 19, 2001,
115 Stat. 641; Pub. L. 108–176, title II, § 228, Dec.
12, 2003, 117 Stat. 2532.)
HISTORICAL AND REVISION NOTES
Revised
Section
46110(a) ......

Source (U.S. Code)
49 App.:1486(a), (b)
(as 1486(a), (b) relates to Secretary
and CAB).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46110(b) ......

49 App.:1486(c) (related to Secretary
and CAB).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1006(a), (b), (e), (f) (as
§ 1006(a), (b), (e), (f) relates
to
Administrator
and
CAB), 72 Stat. 795.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
§ 1006(c) (related to Administrator and CAB), 72
Stat. 795; restated June
29, 1960, Pub. L. 86–546, § 1,
74 Stat. 255.

Page 988

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

46110(c) ......

49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1486(d) (related to Secretary
and CAB).

46110(d) ......

46110(e) ......

Source (Statutes at Large)

Aug. 23, 1958, Pub. L. 85–726,
§ 1006(d) (related to Administrator and CAB), 72
Stat. 795; restated Sept.
13, 1961, Pub. L. 87–225, § 2,
75 Stat. 497.

49 App.:1486(e) (1st
sentence related
to Secretary and
CAB).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1486(e) (last
sentence) (related
to Secretary and
CAB).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1486(f) (related to Secretary
and CAB).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In subsections (a)–(d), the word ‘‘Administrator’’ in
section 1006 of the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 795) is retained on authority of
49:106(g).
In subsection (a), the words ‘‘affirmative or negative’’
are omitted as surplus. The words ‘‘is issued’’ are substituted for ‘‘the entry of’’ for consistency in the revised title and with other titles of the United States
Code.
In subsection (b), the words ‘‘if any’’ are omitted as
surplus. The words ‘‘of any proceeding’’ are added for
clarity. The words ‘‘complained of’’ are omitted as surplus.
In subsection (c), the word ‘‘amend’’ is added for consistency in the revised title. The word ‘‘interim’’ is substituted for ‘‘interlocutory’’ for clarity. The words
‘‘taking other appropriate action’’ are substituted for
‘‘by such mandatory or other relief as may be appropriate’’ for clarity and to eliminate unnecessary words.
In subsection (d), the words ‘‘made in the proceeding
conducted by’’ are substituted for ‘‘urged before’’ for
clarity.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–176, in first sentence,
struck out ‘‘safety’’ before ‘‘duties and powers designated to be carried out by the Administrator)’’ and
substituted ‘‘in whole or in part under this part, part B,
or subsection (l) or (s) of section 114’’ for ‘‘under this
part’’.
2001—Subsec. (a). Pub. L. 107–71, § 140(b)(1), inserted
‘‘the Under Secretary of Transportation for Security
with respect to security duties and powers designated
to be carried out by the Under Secretary or’’ after
‘‘(or’’.
Subsecs. (b) to (d). Pub. L. 107–71, § 140(b)(2), substituted ‘‘, Under Secretary, or Administrator’’ for ‘‘or
Administrator’’ wherever appearing.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security

Page 989

§ 46111

TITLE 49—TRANSPORTATION

Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 46111. Certificate actions in response to a security threat
(a) ORDERS.—The Administrator of Federal
Aviation Administration shall issue an order
amending, modifying, suspending, or revoking
any part of a certificate issued under this title
if the Administrator is notified by the Under
Secretary for Border and Transportation Security of the Department of Homeland Security
that the holder of the certificate poses, or is suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety. If
requested by the Under Secretary, the order
shall be effective immediately.
(b) HEARINGS FOR CITIZENS.—An individual
who is a citizen of the United States who is adversely affected by an order of the Administrator under subsection (a) is entitled to a hearing on the record.
(c) HEARINGS.—When conducting a hearing
under this section, the administrative law judge
shall not be bound by findings of fact or interpretations of laws and regulations of the Administrator or the Under Secretary.
(d) APPEALS.—An appeal from a decision of an
administrative law judge as the result of a hearing under subsection (b) shall be made to the
Transportation Security Oversight Board established by section 115. The Board shall establish
a panel to review the decision. The members of
this panel (1) shall not be employees of the
Transportation Security Administration, (2)
shall have the level of security clearance needed
to review the determination made under this
section, and (3) shall be given access to all relevant documents that support that determination. The panel may affirm, modify, or reverse
the decision.
(e) REVIEW.—A person substantially affected
by an action of a panel under subsection (d), or
the Under Secretary when the Under Secretary
decides that the action of the panel under this
section will have a significant adverse impact on
carrying out this part, may obtain review of the
order under section 46110. The Under Secretary
and the Administrator shall be made a party to
the review proceedings. Findings of fact of the
panel are conclusive if supported by substantial
evidence.
(f) EXPLANATION OF DECISIONS.—An individual
who commences an appeal under this section
shall receive a written explanation of the basis
for the determination or decision and all relevant documents that support that determination to the maximum extent that the national
security interests of the United States and other
applicable laws permit.
(g) CLASSIFIED EVIDENCE.—
(1) IN GENERAL.—The Under Secretary, in
consultation with the Administrator and the
Director of Central Intelligence, shall issue
regulations to establish procedures by which
the Under Secretary, as part of a hearing conducted under this section, may provide an unclassified summary of classified evidence upon
which the order of the Administrator was
based to the individual adversely affected by
the order.

(2) REVIEW OF CLASSIFIED EVIDENCE BY ADMINISTRATIVE LAW JUDGE.—
(A) REVIEW.—As part of a hearing conducted under this section, if the order of the
Administrator issued under subsection (a) is
based on classified information (as defined in
section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.),1 such information may be submitted by the Under Secretary to the reviewing administrative law
judge, pursuant to appropriate security procedures, and shall be reviewed by the administrative law judge ex parte and in camera.
(B) SECURITY CLEARANCES.—Pursuant to
existing procedures and requirements, the
Under Secretary shall, in coordination, as
necessary, with the heads of other affected
departments or agencies, ensure that administrative law judges reviewing orders of the
Administrator under this section possess security clearances appropriate for their work
under this section.
(3) UNCLASSIFIED SUMMARIES OF CLASSIFIED
EVIDENCE.—As part of a hearing conducted
under this section and upon the request of the
individual adversely affected by an order of
the Administrator under subsection (a), the
Under Secretary shall provide to the individual and reviewing administrative law judge,
consistent with the procedures established
under paragraph (1), an unclassified summary
of any classified information upon which the
order of the Administrator is based.
(Added Pub. L. 108–176, title VI, § 601(a), Dec. 12,
2003, 117 Stat. 2561.)
REFERENCES IN TEXT
Section 1(a) of the Classified Information Procedures
Act, referred to in subsec. (g)(2)(A), is section 1(a) of
Pub. L. 96–456, which is set out in the Appendix to Title
18, Crimes and Criminal Procedure.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

CHAPTER 463—PENALTIES
Sec.

46301.
46302.
46303.
46304.
46305.
46306.
46307.
46308.
46309.
46310.
46311.
46312.
46313.
46314.
46315.
46316.

1 So

Civil penalties.
False information.
Carrying a weapon.
Liens on aircraft.
Actions to recover civil penalties.
Registration violations involving aircraft not
providing air transportation.
Violation of national defense airspace.
Interference with air navigation.
Concession and price violations.
Reporting and recordkeeping violations.
Unlawful disclosure of information.
Transporting hazardous material.
Refusing to appear or produce records.
Entering aircraft or airport area in violation
of security requirements.
Lighting violations involving transporting
controlled substances by aircraft not providing air transportation.
General criminal penalty when specific penalty not provided.

in original. Probably should be ‘‘App.)),’’.

§ 46301

TITLE 49—TRANSPORTATION

Sec.

46317.
46318.
46319.

Criminal penalty for pilots operating in air
transportation without an airman’s certificate.
Interference with cabin or flight crew.
Permanent closure of an airport without providing sufficient notice.
AMENDMENTS

2003—Pub. L. 108–176, title I, § 185(b), Dec. 12, 2003, 117
Stat. 2518, added item 46319.
2000—Pub. L. 106–181, title V, §§ 509(b), 511(b), Apr. 5,
2000, 114 Stat. 141, 142, added items 46317 and 46318.

§ 46301. Civil penalties
(a) GENERAL PENALTY.—(1) A person is liable
to the United States Government for a civil penalty of not more than $25,000 (or $1,100 if the person is an individual or small business concern)
for violating—
(A) chapter 401 (except sections 40103(a) and
(d), 40105, 40116, and 40117), chapter 411, chapter
413 (except sections 41307 and 41310(b)–(f)),
chapter 415 (except sections 41502, 41505, and
41507–41509), chapter 417 (except sections 41703,
41704, 41710, 41713, and 41714), chapter 419, subchapter II or III of chapter 421, chapter 441 (except section 44109), section 44502(b) or (c),
chapter 447 (except sections 44717 and
44719–44723), chapter 449 (except sections 44902,
44903(d),
44904,
44907(a)–(d)(1)(A)
and
(d)(1)(C)–(f), and 44908), section 47107(b) (including any assurance made under such section),
or section 47133 of this title;
(B) a regulation prescribed or order issued
under any provision to which clause (A) of this
paragraph applies;
(C) any term of a certificate or permit issued
under section 41102, 41103, or 41302 of this title;
or
(D) a regulation of the United States Postal
Service under this part.
(2) A separate violation occurs under this subsection for each day the violation (other than a
violation of section 41719) continues or, if applicable, for each flight involving the violation
(other than a violation of section 41719).
(3) PENALTY FOR DIVERSION OF AVIATION REVENUES.—The amount of a civil penalty assessed
under this section for a violation of section
47107(b) of this title (or any assurance made
under such section) or section 47133 of this title
may be increased above the otherwise applicable
maximum amount under this section to an
amount not to exceed 3 times the amount of revenues that are used in violation of such section.
(4) AVIATION SECURITY VIOLATIONS.—Notwithstanding paragraph (1) of this subsection, the
maximum civil penalty for violating chapter 449
shall be $10,000; except that the maximum civil
penalty shall be $25,000 in the case of a person
operating an aircraft for the transportation of
passengers or property for compensation (except
an individual serving as an airman).
(5) PENALTIES APPLICABLE TO INDIVIDUALS AND
SMALL BUSINESS CONCERNS.—
(A) An individual (except an airman serving
as an airman) or small business concern is liable to the Government for a civil penalty of
not more than $10,000 for violating—
(i) chapter 401 (except sections 40103(a) and
(d), 40105, 40106(b), 40116, and 40117), section

Page 990

44502 (b) or (c), chapter 447 (except sections
44717–44723), or chapter 449 (except sections
44902, 44903(d), 44904, and 44907–44909) of this
title; or
(ii) a regulation prescribed or order issued
under any provision to which clause (i) applies.
(B) A civil penalty of not more than $10,000
may be imposed for each violation under paragraph (1) committed by an individual or small
business concern related to—
(i) the transportation of hazardous material;
(ii) the registration or recordation under
chapter 441 of an aircraft not used to provide
air transportation;
(iii) a violation of section 44718(d), relating
to the limitation on construction or establishment of landfills;
(iv) a violation of section 44725, relating to
the safe disposal of life-limited aircraft
parts; or
(v) a violation of section 40127 or section
41705, relating to discrimination.
(C) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section
41719 committed by an individual or small
business concern shall be $5,000 instead of
$1,000.
(D) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section
41712 (including a regulation prescribed or
order issued under such section) or any other
regulation prescribed by the Secretary by an
individual or small business concern that is
intended to afford consumer protection to
commercial air transportation passengers
shall be $2,500 for each violation.
(6) FAILURE TO 1 COLLECT 1 AIRPORT 1 SECURITY 1
BADGES 1.—Notwithstanding paragraph (1), any
employer (other than a governmental entity or
airport operator) who employs an employee to
whom an airport security badge or other identifier used to obtain access to a secure area of an
airport is issued before, on, or after the date of
enactment of this paragraph and who does not
collect or make reasonable efforts to collect
such badge from the employee on the date that
the employment of the employee is terminated
and does not notify the operator of the airport
of such termination within 24 hours of the date
of such termination shall be liable to the Government for a civil penalty not to exceed $10,000.
(b) SMOKE ALARM DEVICE PENALTY.—(1) A passenger may not tamper with, disable, or destroy
a smoke alarm device located in a lavatory on
an aircraft providing air transportation or
intrastate air transportation.
(2) An individual violating this subsection is
liable to the Government for a civil penalty of
not more than $2,000.
(c) PROCEDURAL REQUIREMENTS.—(1) The Secretary of Transportation may impose a civil
penalty for the following violations only after
notice and an opportunity for a hearing:
(A) a violation of subsection (b) of this section or chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except
1 So

in original. Probably should not be capitalized.

Page 991

TITLE 49—TRANSPORTATION

sections 41502, 41505, and 41507–41509), chapter
417 (except sections 41703, 41704, 41710, 41713,
and 41714), chapter 419, subchapter II of chapter 421, or section 44909 of this title.
(B) a violation of a regulation prescribed or
order issued under any provision to which
clause (A) of this paragraph applies.
(C) a violation of any term of a certificate or
permit issued under section 41102, 41103, or
41302 of this title.
(D) a violation under subsection (a)(1) of this
section related to the transportation of hazardous material.
(2) The Secretary shall give written notice of
the finding of a violation and the civil penalty
under paragraph (1) of this subsection.
(d) ADMINISTRATIVE IMPOSITION OF PENALTIES.—(1) In this subsection—
(A) ‘‘flight engineer’’ means an individual
who holds a flight engineer certificate issued
under part 63 of title 14, Code of Federal Regulations.
(B) ‘‘mechanic’’ means an individual who
holds a mechanic certificate issued under part
65 of title 14, Code of Federal Regulations.
(C) ‘‘pilot’’ means an individual who holds a
pilot certificate issued under part 61 of title
14, Code of Federal Regulations.
(D) ‘‘repairman’’ means an individual who
holds a repairman certificate issued under
part 65 of title 14, Code of Federal Regulations.
(2) The Administrator of the Federal Aviation
Administration may impose a civil penalty for a
violation of chapter 401 (except sections 40103(a)
and (d), 40105, 40106(b), 40116, and 40117), chapter
441 (except section 44109), section 44502(b) or (c),
chapter
447
(except
sections
44717
and
44719–44723) or section 46301(b), 46302 (for a violation relating to section 46504), 46318, or 47107(b)
(as further defined by the Secretary under section 47107(l) and including any assurance made
under section 47107(b)) of this title or a regulation prescribed or order issued under any of
those provisions. The Secretary of Homeland Security may impose a civil penalty for a violation
of chapter 449 (except sections 44902, 44903(d),
44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and
44909), 46302 2 (except for a violation relating to
section 46504), 46303,2 or a regulation prescribed
or order issued under such chapter 449. The Secretary of Homeland Security or Administrator
shall give written notice of the finding of a violation and the penalty.
(3) In a civil action to collect a civil penalty
imposed by the Secretary of Homeland Security
or Administrator under this subsection, the issues of liability and the amount of the penalty
may not be reexamined.
(4) Notwithstanding paragraph (2) of this subsection, the district courts of the United States
have exclusive jurisdiction of a civil action involving a penalty the Secretary of Homeland Security or Administrator initiates if—
(A) the amount in controversy is more
than—
(i) $50,000 if the violation was committed
by any person before the date of enactment
of the Vision 100—Century of Aviation Reauthorization Act;
2 So

in original. Probably should be preceded by ‘‘section’’.

§ 46301

(ii) $400,000 if the violation was committed
by a person other than an individual or
small business concern on or after that date;
or
(iii) $50,000 if the violation was committed
by an individual or small business concern
on or after that date;
(B) the action is in rem or another action in
rem based on the same violation has been
brought;
(C) the action involves an aircraft subject to
a lien that has been seized by the Government;
or
(D) another action has been brought for an
injunction based on the same violation.
(5)(A) The Administrator may issue an order
imposing a penalty under this subsection
against an individual acting as a pilot, flight engineer, mechanic, or repairman only after advising the individual of the charges or any reason
the Administrator relied on for the proposed
penalty and providing the individual an opportunity to answer the charges and be heard about
why the order shall not be issued.
(B) An individual acting as a pilot, flight engineer, mechanic, or repairman may appeal an
order imposing a penalty under this subsection
to the National Transportation Safety Board.
After notice and an opportunity for a hearing on
the record, the Board shall affirm, modify, or reverse the order. The Board may modify a civil
penalty imposed to a suspension or revocation of
a certificate.
(C) When conducting a hearing under this
paragraph, the Board is not bound by findings of
fact of the Administrator but is bound by all
validly adopted interpretations of laws and regulations the Administrator carries out and of
written agency policy guidance available to the
public related to sanctions to be imposed under
this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not
according to law.
(D) When an individual files an appeal with
the Board under this paragraph, the order of the
Administrator is stayed.
(6) An individual substantially affected by an
order of the Board under paragraph (5) of this
subsection, or the Administrator when the Administrator decides that an order of the Board
under paragraph (5) will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under section
46110 of this title. The Administrator shall be
made a party to the judicial review proceedings.
Findings of fact of the Board are conclusive if
supported by substantial evidence.
(7)(A) The Administrator may impose a penalty on a person (except an individual acting as
a pilot, flight engineer, mechanic, or repairman)
only after notice and an opportunity for a hearing on the record.
(B) In an appeal from a decision of an administrative law judge as the result of a hearing
under subparagraph (A) of this paragraph, the
Administrator shall consider only whether—
(i) each finding of fact is supported by a preponderance of reliable, probative, and substantial evidence;
(ii) each conclusion of law is made according
to applicable law, precedent, and public policy;
and

§ 46301

TITLE 49—TRANSPORTATION

(iii) the judge committed a prejudicial error
that supports the appeal.
(C) Except for good cause, a civil action involving a penalty under this paragraph may not
be initiated later than 2 years after the violation occurs.
(D) In the case of a violation of section 47107(b)
of this title or any assurance made under such
section—
(i) a civil penalty shall not be assessed
against an individual;
(ii) a civil penalty may be compromised as
provided under subsection (f); and
(iii) judicial review of any order assessing a
civil penalty may be obtained only pursuant
to section 46110 of this title.
(8) The maximum civil penalty the Under Secretary, Administrator, or Board may impose
under this subsection is—
(A) $50,000 if the violation was committed by
any person before the date of enactment of the
Vision 100—Century of Aviation Reauthorization Act;
(B) $400,000 if the violation was committed
by a person other than an individual or small
business concern on or after that date; or
(C) $50,000 if the violation was committed by
an individual or small business concern on or
after that date.
(9) This subsection applies only to a violation
occurring after August 25, 1992.
(e) PENALTY CONSIDERATIONS.—In determining
the amount of a civil penalty under subsection
(a)(3) of this section related to transportation of
hazardous material, the Secretary shall consider—
(1) the nature, circumstances, extent, and
gravity of the violation;
(2) with respect to the violator, the degree of
culpability, any history of prior violations,
the ability to pay, and any effect on the ability to continue doing business; and
(3) other matters that justice requires.
(f) COMPROMISE AND SETOFF.—(1)(A) The Secretary may compromise the amount of a civil
penalty imposed for violating—
(i) chapter 401 (except sections 40103(a) and
(d), 40105, 40116, and 40117), chapter 441 (except
section 44109), section 44502(b) or (c), chapter
447 (except sections 44717 and 44719–44723), or
chapter 449 (except sections 44902, 44903(d),
44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908,
and 44909) of this title; or
(ii) a regulation prescribed or order issued
under any provision to which clause (i) of this
subparagraph applies.
(B) The Postal Service may compromise the
amount of a civil penalty imposed under subsection (a)(1)(D) of this section.
(2) The Government may deduct the amount of
a civil penalty imposed or compromised under
this subsection from amounts it owes the person
liable for the penalty.
(g) JUDICIAL REVIEW.—An order of the Secretary or the Administrator imposing a civil
penalty may be reviewed judicially only under
section 46110 of this title.
(h) NONAPPLICATION.—(1) This section does not
apply to the following when performing official
duties:

Page 992

(A) a member of the armed forces of the
United States.
(B) a civilian employee of the Department of
Defense subject to the Uniform Code of Military Justice.
(2) The appropriate military authority is responsible for taking necessary disciplinary action and submitting to the Secretary (or the
Under Secretary of Transportation for Security
with respect to security duties and powers designated to be carried out by the Under Secretary
or the Administrator with respect to aviation
safety duties and powers designated to be carried out by the Administrator) a timely report
on action taken.
(i) SMALL BUSINESS CONCERN DEFINED.—In this
section, the term ‘‘small business concern’’ has
the meaning given that term in section 3 of the
Small Business Act (15 U.S.C. 632).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1231;
Pub. L. 103–305, title I, § 112(c), title II, § 207(c),
Aug. 23, 1994, 108 Stat. 1575, 1588; Pub. L. 103–429,
§ 6(60), Oct. 31, 1994, 108 Stat. 4385; Pub. L.
104–264, title V, § 502(c), title VIII, § 804(b), title
XII, § 1220(b), Oct. 9, 1996, 110 Stat. 3263, 3271,
3286; Pub. L. 104–287, § 5(77), Oct. 11, 1996, 110
Stat. 3396; Pub. L. 105–102, § 3(c)(4), Nov. 20, 1997,
111 Stat. 2215; Pub. L. 106–181, title II, § 222, title
V, §§ 503(c), 504(b), 519(c), title VII, §§ 707(b), 720,
Apr. 5, 2000, 114 Stat. 102, 133, 134, 149, 158, 163;
Pub. L. 106–424, § 15, Nov. 1, 2000, 114 Stat. 1888;
Pub. L. 107–71, title I, § 140(d)(1)–(4), Nov. 19, 2001,
115 Stat. 642; Pub. L. 107–296, title XVI, § 1602,
Nov. 25, 2002, 116 Stat. 2312; Pub. L. 108–176, title
V, § 503(a)–(c), Dec. 12, 2003, 117 Stat. 2557, 2558;
Pub. L. 108–458, title IV, § 4027(a), Dec. 17, 2004,
118 Stat. 3727; Pub. L. 110–53, title XIII, § 1302(b),
Aug. 3, 2007, 121 Stat. 392; Pub. L. 110–161, div. E,
title V, § 542, Dec. 26, 2007, 121 Stat. 2079.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
46301(a) ......

Source (U.S. Code)
49 App.:1303 (note).
49 App.:1405 (last
sentence).
49 App.:1471(a)(1)
(1st, 2d sentences
less subchapter
VII).

49 App.:1655(c)(1).

46301(b) ......

49 App.:1374(d)(2).

46301(c) ......

49 App.:1471(a)(1)
(3d, 5th sentences
less subchapter
VII).

Source (Statutes at Large)
Nov. 18, 1988, Pub. L.
100–690, § 7214, 102 Stat.
4434.
Aug. 23, 1958, Pub. L. 85–726,
§ 505 (last sentence), 72
Stat. 774.
Aug. 23, 1958, Pub. L. 85–726,
§ 901(a)(1) (less title VII),
72 Stat. 783; restated July
10, 1962, Pub. L. 87–528,
§ 12, 76 Stat. 149; Aug. 5,
1974, Pub. L. 93–366, § 107,
88 Stat. 414; Jan. 3, 1975,
Pub. L. 93–633, § 113(b), 88
Stat. 2162; Oct. 24, 1978,
Pub. L. 95–504, § 35(a), 92
Stat. 1740; Aug. 8, 1985,
Pub. L. 99–83, § 551(b)(2), 99
Stat. 225; Dec. 30, 1987,
Pub. L. 100–223, § 204(a)–
(c), 101 Stat. 1519; Nov. 18,
1988, Pub. L. 100–690,
§ 7208(a), 102 Stat. 4429.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 404(d)(2);
added Dec. 22, 1987, Pub.
L. 100–202, § 328(a), 101
Stat. 1329–383.

Page 993

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 901(a)(3)
(less (D)(v) (related to Administrator under title
VII)); added Nov. 18, 1988,
Pub. L. 100–690, § 7208(b),
102 Stat. 4429; restated
Aug. 26, 1992, Pub. L.
102–345, § 2(a), 106 Stat.
923; Oct. 31, 1992, Pub. L.
102–581, § 208, 106 Stat.
4895.
Nov. 18, 1988, Pub. L.
100–690, § 7214, 102 Stat.
4434.

46301(d)(1) ..

49 App.:1471(a)(3)(H).

46301(d)(2) ..

49 App.:1303 (note).

46301(d)(3) ..
46301(d)(4) ..
46301(d)(5) ..
46301(d)(6) ..

46301(d)(7) ..
46301(d)(8) ..
46301(d)(9) ..
46301(e) ......
46301(f) .......

46301(g) ......

46301(h) ......

§ 46301

TITLE 49—TRANSPORTATION

49 App.:1471(a)(3)(A).
49 App.:1471(a)(3)(B).
49 App.:1471(a)(3)(C).
49 App.:1471(a)
(3)(D)(i)–(iv).
49 App.:1471(a)
(3)(D)(v) (less Administrator under
subch. VII).
49 App.:1471(a)(3)(E).
49 App.:1471(a)(3)(G).
49 App.:1471(a)(3)(F).
49 App.:1471(a)(1)
(4th sentence less
subchapter VII).
49 App.:1471(a)(2)
(related to subchapter III, V, VI,
or XII, § 1501, 1514,
or 1515(e)(2)(B),
and Postal Service).

In subsection (d)(5)(B) and (7)(A), the words ‘‘in accordance with section 554 of title 5’’ are omitted for
consistency in the revised title and because 5:554 applies to a hearing on the record unless otherwise stated.
In subsection (d)(5)(B), the words ‘‘consistent with
this subsection’’ are omitted as surplus.
In subsection (d)(5)(C), the word ‘‘Administrator’’ is
substituted for ‘‘Federal Aviation Administration’’ because of 49:106(b) and (g).
In subsection (d)(7)(B), before clause (i), the words
‘‘as the result of a hearing under subparagraph (A) of
this paragraph’’ are added for clarity.
In subsection (e), before clause (1), the words ‘‘civil
penalty under subsection (a)(3) of this section related
to transportation of hazardous material’’ are substituted for ‘‘such penalty’’ for clarity. In clause (1),
the word ‘‘committed’’ is omitted as surplus.
In subsection (f)(2), the word ‘‘imposed’’ is substituted for ‘‘when finally determined or fixed by order
of the Board’’ for consistency. The words ‘‘agreed
upon’’ are omitted as surplus.
In subsection (g), the word ‘‘imposing’’ is substituted
for ‘‘assessing’’ for consistency.
In subsection (h)(2), the words ‘‘with respect thereto’’
are omitted as surplus. The word ‘‘Administrator’’ in
section 901(a)(1) of the Federal Aviation Act of 1958
(Public Law 85–726, 72 Stat. 783) is retained on authority of 49:106(g).
PUB. L. 103–429

Aug. 23, 1958, Pub. L. 85–726,
§ 901(a)(2) (related to title
III, V, VI, or XII, § 1101,
1114, or 1115(e)(2)(B), and
Postmaster General), 72
Stat. 784; July 10, 1962,
Pub. L. 87–528, § 12, 76
Stat. 150; restated Oct. 24,
1978, Pub. L. 95–504, § 35(b),
92 Stat. 1740; Dec. 30, 1987,
Pub. L. 100–223, § 204(d),
101 Stat. 1519.

49 App.:1551(b)(1)(E).
49 App.:1471(a)(1)
(6th sentence less
subchapter VII).
49 App.:1551(b)(1)(E).
49 App.:1471(a)(1)
(last sentence less
subchapter VII).
49 App.:1551(b)(1)(E).

In this section, the word ‘‘prescribed’’ is added for
consistency in the revised title and with other titles of
the United States Code. The words ‘‘United States
Postal Service’’ and ‘‘Postal Service’’ are substituted
for ‘‘Postmaster General’’ because of section 4(a) of the
Postal Reorganization Act (Public Law 91–375, 84 Stat.
773).
In subsections (a)(1)(C) and (c), the words ‘‘condition,
or limitation’’ are omitted as surplus.
In subsection (a)(2), before clause (A), the words ‘‘occurring after December 30, 1987’’ are omitted as obsolete.
In subsection (b)(1), the word ‘‘providing’’ is substituted for ‘‘engaged in’’ for consistency in the revised
title.
In subsection (b)(2), the words ‘‘in accordance with
section 1471 of this Appendix’’ are omitted as surplus.
In subsection (c)(1), before clause (A), the words ‘‘or
his delegate’’ are omitted because of 49:322(b). The word
‘‘impose’’ is substituted for ‘‘assessed’’ for consistency.
The words ‘‘amount of any such’’ are omitted as surplus.
In subsection (d), the word ‘‘impose’’ is substituted
for ‘‘assess’’ for consistency.
In subsection (d)(1), before clause (A), the words ‘‘the
following definitions apply’’ are omitted as surplus.
In subsection (d)(2), the text of section 7214 of the
Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102
Stat 4434) is omitted as obsolete. The words ‘‘or the
delegate of the Administrator’’ are omitted because of
49:322(b).
In subsection (d)(4)(C), the word ‘‘or’’ is substituted
for ‘‘and’’ for clarity.

This amends 49:46301(a)(1)(A) and (2)(A), (c)(1)(A),
(d)(2), and (f)(1)(A)(i) to correct erroneous cross-references.
PUB. L. 104–287, § 5(77)(A) AND (B)
These amend 49:46301(a)(1)(A) and (2)(A) to correct errors in the codification enacted by section 1 of the Act
of July 5, 1994 (Public Law 103–272, 108 Stat. 1231), to include in the cross-reference sections enacted after the
cutoff date for the codification of title 49 as enacted by
section 1 of the Act (Public Law 103–272, 108 Stat. 745),
and to make it easier to include future sections in the
cross-reference by restating it in terms of chapters.
PUB. L. 104–287, § 5(77)(C)
This makes a conforming amendment to 49:46301(a)(3).
PUB. L. 104–287, § 5(77)(D)–(F)
These amend 49:46301(c)(1)(A), (d)(2), and (f)(1)(A)(i) to
correct errors in the codification enacted by section 1
of the Act of July 5, 1994 (Public Law 103–272, 108 Stat.
1231), to include in the cross-reference sections enacted
after the cutoff date for the codification of title 49 as
enacted by section 1 of the Act (Public Law 103–272, 108
Stat. 745), and to make it easier to include future sections in the cross-reference by restating it in terms of
chapters.
REFERENCES IN TEXT
The date of enactment of this paragraph, referred to
in subsec. (a)(6), is the date of enactment of Pub. L.
110–161, which was approved Dec. 26, 2007.
The date of enactment of the Vision 100—Century of
Aviation Reauthorization Act, referred to in subsec.
(d)(4)(A), (8), is the date of enactment of Pub. L. 108–176,
which was approved Dec. 12, 2003.
AMENDMENTS
2007—Subsec. (a)(4). Pub. L. 110–53 struck out ‘‘or another requirement under this title administered by the
Under Secretary of Transportation for Security’’ after
‘‘chapter 449’’.
Subsec. (a)(6). Pub. L. 110–161 added par. (6).
2004—Subsec. (d)(2). Pub. L. 108–458, § 4027(a)(1)–(3),
substituted ‘‘46302 (for a violation relating to section
46504),’’ for ‘‘46302, 46303,’’, ‘‘The Secretary of Homeland
Security may’’ for ‘‘The Under Secretary of Transpor-

§ 46301

TITLE 49—TRANSPORTATION

tation for Security may’’, ‘‘44909), 46302 (except for a
violation relating to section 46504), 46303,’’ for ‘‘44909)’’,
and ‘‘The Secretary of Homeland Security or’’ for ‘‘The
Under Secretary or’’.
Subsec. (d)(3). Pub. L. 108–458, § 4027(a)(3), substituted
‘‘Secretary of Homeland Security or’’ for ‘‘Under Secretary or’’.
Subsec. (d)(4). Pub. L. 108–458, § 4027(a)(3), substituted
‘‘Secretary of Homeland Security or’’ for ‘‘Under Secretary or’’ in introductory provisions.
Subsec. (d)(4)(A). Pub. L. 108–458, § 4027(a)(4), realigned
margins.
2003—Subsec. (a)(1). Pub. L. 108–176, § 503(a)(1), substituted ‘‘$25,000 (or $1,100 if the person is an individual
or small business concern)’’ for ‘‘$1,000’’ in introductory
provisions.
Subsec. (a)(1)(A). Pub. L. 108–176, § 503(a)(2), (3), struck
out ‘‘or’’ before ‘‘section 47107(b)’’ and substituted ‘‘section), or section 47133’’ for ‘‘section)’’.
Subsec. (a)(2). Pub. L. 108–176, § 503(a)(5), substituted
‘‘section 41719’’ for ‘‘section 41715’’ in two places.
Pub. L. 108–176, § 503(a)(4), redesignated par. (4) as (2)
and struck out former par. (2) which read as follows: ‘‘A
person operating an aircraft for the transportation of
passengers or property for compensation (except an airman serving as an airman) is liable to the Government
for a civil penalty of not more than $10,000 for violating—
‘‘(A) chapter 401 (except sections 40103(a) and (d),
40105, 40106(b), 40116, and 40117), section 44502(b) or (c),
chapter 447 (except sections 44717–44723), or chapter
449 (except sections 44902, 44903(d), 44904, and
44907–44909) of this title; or
‘‘(B) a regulation prescribed or order issued under
any provision to which clause (A) of this paragraph
applies.’’
Subsec. (a)(3). Pub. L. 108–176, § 503(a)(4), redesignated
par. (5) as (3) and struck out former par. (3) which read
as follows: ‘‘A civil penalty of not more than $10,000
may be imposed for each violation under paragraph (1)
of this subsection related to
‘‘(A) the transportation of hazardous material;
‘‘(B) the registration or recordation under chapter
441 of this title of an aircraft not used to provide air
transportation;
‘‘(C) a violation of section 44718(d), relating to the
limitation on construction or establishment of landfills;
‘‘(D) a violation of section 44725, relating to the safe
disposal of life-limited aircraft parts; or
‘‘(E) a violation of section 41705, relating to discrimination against handicapped individuals.’’
Subsec. (a)(4). Pub. L. 108–176, § 503(a)(6), substituted
‘‘paragraph (1)’’ for ‘‘paragraphs (1) and (2)’’.
Pub. L. 108–176, § 503(a)(4), redesignated par. (8) as (4).
Former par. (4) redesignated (2).
Subsec. (a)(5). Pub. L. 108–176, § 503(a)(7), added par.
(5). Former par. (5) redesignated (3).
Subsec. (a)(6). Pub. L. 108–176, § 503(a)(4), struck out
heading and text of par. (6). Text read as follows: ‘‘Notwithstanding paragraph (1), the maximum civil penalty
for violating section 41715 shall be $5,000 instead of
$1,000.’’
Subsec. (a)(7). Pub. L. 108–176, § 503(a)(4), struck out
heading and text of par. (7). Text read as follows: ‘‘Notwithstanding paragraphs (1) and (4), the maximum civil
penalty for violating section 40127 or 41712 (including a
regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary that is intended to afford consumer protection
to commercial air transportation passengers, shall be
$2,500 for each violation.’’
Subsec. (a)(8). Pub. L. 108–176, § 503(a)(4), redesignated
par. (8) as (4).
Subsec. (d)(4)(A). Pub. L. 108–176, § 503(b)(1), substituted ‘‘more than—’’ for ‘‘more than $50,000;’’ and
added cls. (i) to (iii).
Subsec. (d)(8). Pub. L. 108–176, § 503(b)(2), substituted
‘‘is—’’ for ‘‘is $50,000.’’ and added subpars. (A) to (C).
Subsec. (i). Pub. L. 108–176, § 503(c), added subsec. (i).

Page 994

2002—Subsec. (a)(8). Pub. L. 107–296 added par. (8).
2001—Subsec. (d)(2). Pub. L. 107–71, § 140(d)(1)(C), inserted ‘‘Under Secretary or’’ before ‘‘Administrator
shall’’.
Pub. L. 107–71, § 140(d)(1)(B), inserted after first sentence ‘‘The Under Secretary of Transportation for Security may impose a civil penalty for a violation of
chapter
449
(except
sections
44902,
44903(d),
44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909) or a
regulation prescribed or order issued under such chapter 449.’’
Pub. L. 107–71, § 140(d)(1)(A), which directed amendment of subsec. (d)(2) by striking out ‘‘, chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A) and
(d)(1)(C)–(f), 44908, and 44909),’’, was executed by striking out ‘‘, chapter 449 (except sections 44902, 44903(d),
44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and
44909),’’ before ‘‘or section 46301(b)’’, to reflect the probable intent of Congress.
Subsec. (d)(3), (4). Pub. L. 107–71, § 140(d)(2), substituted ‘‘Under Secretary or Administrator’’ for ‘‘Administrator’’.
Subsec. (d)(8). Pub. L. 107–71, § 140(d)(3), substituted
‘‘Under Secretary, Administrator,’’ for ‘‘Administrator’’.
Subsec. (h)(2). Pub. L. 107–71, § 140(d)(4), inserted ‘‘the
Under Secretary of Transportation for Security with
respect to security duties and powers designated to be
carried out by the Under Secretary or’’ after ‘‘(or’’.
2000—Subsec. (a)(1)(A). Pub. L. 106–181, §§ 519(c), 720(1),
substituted ‘‘subchapter II or III of chapter 421’’ for
‘‘subchapter II of chapter 421’’ and struck out ‘‘46302,
46303, or’’ before ‘‘47107(b) (including’’.
Subsec. (a)(3)(C). Pub. L. 106–181, § 503(c), added subpar. (C).
Subsec. (a)(3)(D), (E). Pub. L. 106–181, §§ 504(b), 707(b),
added subpars. (D) and (E).
Subsec. (a)(6). Pub. L. 106–181, § 222(b), inserted heading and realigned margins.
Subsec. (a)(7). Pub. L. 106–181, § 222(a), added par. (7).
Subsec. (d)(2). Pub. L. 106–424 substituted ‘‘46301(b),
46302, 46303, 46318,’’ for ‘‘46302, 46303,’’.
Subsec. (d)(7)(A). Pub. L. 106–181, § 720(2), substituted
‘‘a penalty on a person’’ for ‘‘a penalty on an individual’’.
Subsec. (g). Pub. L. 106–181, § 720(3), inserted ‘‘or the
Administrator’’ after ‘‘Secretary’’.
1997—Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i). Pub.
L. 105–102 repealed Pub. L. 104–264, §§ 502(c), 1220(b). See
1996 Amendment notes below.
1996—Subsec. (a)(1)(A). Pub. L. 104–287, § 5(77)(A)(iii),
(iv), inserted ‘‘or’’ after ‘‘46303,’’ and struck out ‘‘, or
41715’’ after ‘‘under such section)’’.
Pub. L. 104–287, § 5(77)(A)(ii), substituted ‘‘section
44502(b) or (c), chapter 447 (except sections 44717 and
44719–44723), chapter 449 (except sections 44902, 44903(d),
44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), or
section’’ for ‘‘or any of sections 44701(a) or (b),
44702–44716, 44901, 44903(b) or (c), 44905, 44906,
44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938,’’.
Pub. L. 104–287, § 5(77)(A)(i), substituted ‘‘chapter 413
(except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417
(except sections 41703, 41704, 41710, 41713, and 41714),’’ for
‘‘any of sections 41301–41306, 41308–41310(a), 41501, 41503,
41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711,
41712, or 41731–41742,’’.
Pub. L. 104–264, § 1220(b), which directed amendment
of subpar. (A) by inserting ‘‘44718(d),’’ after ‘‘44716,’’,
was repealed by Pub. L. 105–102.
Pub. L. 104–264, § 502(c)(1), which directed amendment
of subpar. (A) by inserting ‘‘44724,’’ after ‘‘44718(d),’’,
was repealed by Pub. L. 105–102.
Subsec. (a)(2)(A). Pub. L. 104–287, § 5(77)(B), substituted ‘‘, section 44502(b) or (c), chapter 447 (except
sections 44717–44723), or chapter 449 (except sections
44902, 44903(d), 44904, and 44907–44909)’’ for ‘‘or any of
sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c),
44905, 44906, 44912–44915, or 44932–44938’’.
Pub. L. 104–264, § 502(c)(2), which directed amendment
of subpar. (A) by inserting ‘‘44724,’’ after ‘‘44716,’’, was
repealed by Pub. L. 105–102.

Page 995

§ 46302

TITLE 49—TRANSPORTATION

Subsec. (a)(3). Pub. L. 104–287, § 5(77)(C), realigned
margins of subpars. (A) and (B).
Subsec. (a)(5). Pub. L. 104–264, § 804(b), amended par.
(5) generally. Prior to amendment, par. (5) read as follows: ‘‘In the case of a violation of section 47107(b) of
this title, the maximum civil penalty for a continuing
violation shall not exceed $50,000.’’
Subsec. (c)(1)(A). Pub. L. 104–287, § 5(77)(D)(ii), (iii),
struck out ‘‘or’’ before ‘‘subchapter II’’ and inserted
‘‘, or section 44909’’ before ‘‘of this title’’.
Pub. L. 104–287, § 5(77)(D)(i), substituted ‘‘chapter 413
(except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417
(except sections 41703, 41704, 41710, 41713, and 41714),’’ for
‘‘any of sections 41301–41306, 41308–41310(a), 41501, 41503,
41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711,
41712, or 41731–41742,’’.
Subsec. (d)(2). Pub. L. 104–287, § 5(77)(E), substituted
‘‘section 44502(b) or (c), chapter 447 (except sections
44717 and 44719–44723), chapter 449 (except sections 44902,
44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908,
and 44909), or section’’ for ‘‘or any of sections 44701(a)
or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,
44907(d)(1)(B), 44912–44915, 44932–44938,’’.
Pub. L. 104–264, § 1220(b), which directed amendment
of par. (2) by inserting ‘‘44718(d),’’ after ‘‘44716,’’, was repealed by Pub. L. 105–102.
Pub. L. 104–264, § 502(c)(1), which directed amendment
of par. (2) by inserting ‘‘44724,’’ after ‘‘44718(d),’’, was repealed by Pub. L. 105–102.
Subsec. (f)(1)(A)(i). Pub. L. 104–287, § 5(77)(F), substituted ‘‘section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), or chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and
(d)(1)(C)–(f), 44908, and 44909)’’ for ‘‘or any of sections
44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905,
44906, 44907(d)(1)(B), 44912–44915, or 44932–44938’’.
Pub. L. 104–264, § 1220(b), which directed amendment
of cl. (i) by inserting ‘‘44718(d),’’ after ‘‘44716,’’, was repealed by Pub. L. 105–102.
Pub. L. 104–264, § 502(c)(1), which directed amendment
of cl. (i) by inserting ‘‘44724,’’ after ‘‘44718(d),’’, was repealed by Pub. L. 105–102.
1994—Subsec. (a)(1)(A). Pub. L. 103–429, § 6(60)(A), substituted ‘‘any of sections 41301–41306’’ for ‘‘section
41301–41306’’ and ‘‘any of sections 44701(a)’’ for ‘‘section
44701(a)’’.
Pub. L. 103–305, § 207(c)(1), inserted ‘‘, or 41715’’ before
‘‘of this title’’.
Pub. L. 103–305, § 112(c)(1)(A), substituted ‘‘46303,
47107(b) (including any assurance made under such section)’’ for ‘‘or 46303’’.
Subsec. (a)(2)(A). Pub. L. 103–429, § 6(60)(B), substituted ‘‘any of sections 44701(a)’’ for ‘‘section
44701(a)’’.
Subsec. (a)(4). Pub. L. 103–305, § 207(c)(2), inserted
‘‘(other than a violation of section 41715)’’ after ‘‘the
violation’’ in two places.
Subsec. (a)(5). Pub. L. 103–305, § 112(c)(1)(B), added par.
(5).
Subsec. (a)(6). Pub. L. 103–305, § 207(c)(3), added par.
(6).
Subsec. (c)(1)(A). Pub. L. 103–429, § 6(60)(C), substituted ‘‘any of sections 41301–41306’’ for ‘‘section
41301–41306’’.
Subsec. (d)(2). Pub. L. 103–429, § 6(60)(B), substituted
‘‘any of sections 44701(a)’’ for ‘‘section 44701(a)’’.
Pub. L. 103–305, § 112(c)(2), substituted ‘‘46303, or
47107(b) (as further defined by the Secretary under section 47107(l) and including any assurance made under
section 47107(b))’’ for ‘‘or 46303’’.
Subsec. (d)(7)(D). Pub. L. 103–305, § 112(c)(3), added subpar. (D).
Subsec. (f)(1)(A)(i). Pub. L. 103–429, § 6(60)(B), substituted ‘‘any of sections 44701(a)’’ for ‘‘section
44701(a)’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as other-

wise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–102, § 3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(4) is effective Oct. 9, 1996.
Amendment by Pub. L. 105–102 effective as if included
in the provisions of the Act to which the amendment
relates, see section 3(f) of Pub. L. 105–102, set out as a
note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by Pub. L. 104–287 effective July 5, 1994,
see section 8(1) of Pub. L. 104–287, set out as a note
under section 5303 of this title.
Amendment by section 502(c) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot
whose application was first received by the carrier on
or after the 120th day following Oct. 9, 1996, see section
502(d) of Pub. L. 104–264, set out as a note under section
30305 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
Amendment by section 207(c) of Pub. L. 103–305 effective Feb. 1, 1995, see section 207(d) of Pub. L. 103–305, set
out as an Effective Date note under section 41719 of this
title.
SAVINGS PROVISION
Pub. L. 102–345, § 2(c), Aug. 26, 1992, 106 Stat. 925, provided that: ‘‘Notwithstanding subsections (a) and (b) of
this section, sections 901(a)(3) and 905 of the Federal
Aviation Act of 1958 [Pub. L. 85–726] as in effect on July
31, 1992, shall continue in effect on and after such date
of enactment with respect to violations of the Federal
Aviation Act of 1958 occurring before such date of enactment.’’
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 46302. False information
(a) CIVIL PENALTY.—A person that, knowing
the information to be false, gives, or causes to
be given, under circumstances in which the in-

§ 46303

TITLE 49—TRANSPORTATION

formation reasonably may be believed, false information about an alleged attempt being made
or to be made to do an act that would violate
section 46502(a), 46504, 46505, or 46506 of this title,
is liable to the United States Government for a
civil penalty of not more than $10,000 for each
violation.
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Homeland Security and, for a violation
relating to section 46504, the Secretary of Transportation, may compromise the amount of a
civil penalty imposed under subsection (a) of
this section.
(2) The Government may deduct the amount of
a civil penalty imposed or compromised under
this section from amounts it owes the person
liable for the penalty.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1234;
Pub. L. 108–458, title IV, § 4027(b), Dec. 17, 2004,
118 Stat. 3727.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

46302(a) ......

49 App.:1471(c).

46302(b) ......

49 App.:1471(a)(2)
(related to
1471(c)).

49 App.:1551(b)(1)(E).

Page 996

(2) The Government may deduct the amount of
a civil penalty imposed or compromised under
this section from amounts it owes the individual
liable for the penalty.
(c) NONAPPLICATION.—This section does not
apply to—
(1) a law enforcement officer of a State or
political subdivision of a State, or an officer
or employee of the Government, authorized to
carry arms in an official capacity; or
(2) another individual the Administrator of
the Federal Aviation Administration or the
Secretary of Homeland Security by regulation
authorizes to carry arms in an official capacity.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1234;
Pub. L. 107–71, title I, § 140(d)(5), Nov. 19, 2001, 115
Stat. 642; Pub. L. 108–458, title IV, § 4027(c), Dec.
17, 2004, 118 Stat. 3727.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 901(c); added
Oct. 12, 1984, Pub. L.
98–473, § 2014(a)(1), 98 Stat.
2189.
Aug. 23, 1958, Pub. L. 85–726,
§ 901(a)(2)
(related
to
§ 901(c)), 72 Stat. 784; July
10, 1962, Pub. L. 87–528,
§ 12, 76 Stat. 150; restated
Oct. 24, 1978, Pub. L.
95–504, § 35(b), 92 Stat. 1740;
Oct. 12, 1984, Pub. L.
98–473, § 2014(b), 98 Stat.
2189.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

In subsection (a), the words ‘‘gives, or causes to be
given’’ are substituted for ‘‘imparts or conveys or
causes to be imparted or conveyed’’ to eliminate unnecessary words. The words ‘‘attempt or’’, ‘‘a crime’’, and
‘‘which shall be recoverable in a civil action brought in
the name of the United States’’ are omitted as surplus.
In subsection (b)(1), the words ‘‘imposed under’’ are
substituted for ‘‘provided for in’’ for consistency.
In subsection (b)(2), the words ‘‘imposed or compromised’’ are substituted for ‘‘The amount of such
penalty when finally determined or fixed by order of
the Board, or the amount agreed upon in compromise’’
to eliminate unnecessary words.
AMENDMENTS
2004—Subsec. (b)(1). Pub. L. 108–458 substituted ‘‘Secretary of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation,’’
for ‘‘Secretary of Transportation’’.

§ 46303. Carrying a weapon
(a) CIVIL PENALTY.—An individual who, when
on, or attempting to board, an aircraft in, or intended for operation in, air transportation or
intrastate air transportation, has on or about
the individual or the property of the individual
a concealed dangerous weapon that is or would
be accessible to the individual in flight is liable
to the United States Government for a civil penalty of not more than $10,000 for each violation.
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Homeland Security may compromise
the amount of a civil penalty imposed under
subsection (a) of this section.

46303(a) ......

49 App.:1471(d)
(words after 3d
comma).

46303(b) ......

49 App.:1471(a)(2)
(related to
1471(d)).

49 App.:1551(b)(1)(E).

46303(c) ......

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 901(d); added
Oct. 12, 1984, Pub. L.
98–473, § 2014(a)(1), 98 Stat.
2189.
Aug. 23, 1958, Pub. L. 85–726,
§ 901(a)(2)
(related
to
§ 901(d)), 72 Stat. 784; July
10, 1962, Pub. L. 87–528,
§ 12, 76 Stat. 150; restated
Oct. 24, 1978, Pub. L.
95–504, § 35(b), 92 Stat. 1740;
Oct. 12, 1984, Pub. L.
98–473, § 2014(b), 98 Stat.
2189.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

49 App.:1471(d)
(words before 3d
comma).

In subsection (a), the words ‘‘deadly or’’ and ‘‘which
shall be recoverable in a civil action brought in the
name of the United States’’ are omitted as surplus.
In subsection (b)(1), the words ‘‘imposed under’’ are
substituted for ‘‘provided for in’’ for consistency.
In subsection (b)(2), the words ‘‘imposed or compromised’’ are substituted for ‘‘The amount of such
penalty when finally determined or fixed by order of
the Board, or the amount agreed upon in compromise’’
to eliminate unnecessary words.
In subsection (c)(1), the words ‘‘State or political subdivision of a State’’ are substituted for ‘‘municipal or
State government’’ for consistency in the revised title
and with other titles of the United States Code. The
words ‘‘or required’’ are omitted as surplus.
AMENDMENTS
2004—Subsec. (b)(1). Pub. L. 108–458, § 4027(c)(1), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Secretary of Transportation’’.
Subsec. (c)(2). Pub. L. 108–458, § 4027(c)(2), substituted
‘‘Secretary of Homeland Security’’ for ‘‘Under Secretary of Transportation for Security’’.
2001—Subsec. (c)(2). Pub. L. 107–71 inserted ‘‘or the
Under Secretary of Transportation for Security’’ after
‘‘Federal Aviation Administration’’.

§ 46304. Liens on aircraft
(a) AIRCRAFT SUBJECT TO LIENS.—When an aircraft is involved in a violation referred to in section 46301(a)(1)(A)–(C) of this title and the violation is by the owner of, or individual commanding, the aircraft, the aircraft is subject to a lien
for the civil penalty.

Page 997

(b) SEIZURE.—An aircraft subject to a lien
under this section may be seized summarily and
placed in the custody of a person authorized to
take custody of it under regulations of the Secretary of Transportation (or the Administrator
of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator).
A report on the seizure shall be submitted to the
Attorney General. The Attorney General
promptly shall bring a civil action in rem to enforce the lien or notify the Secretary or Administrator that the action will not be brought.
(c) RELEASE.—An aircraft seized under subsection (b) of this section shall be released from
custody when—
(1) the civil penalty is paid;
(2) a compromise amount agreed on is paid;
(3) the aircraft is seized under a civil action
in rem to enforce the lien;
(4) the Attorney General gives notice that a
civil action will not be brought under subsection (b) of this section; or
(5) a bond (in an amount and with a surety
the Secretary or Administrator prescribes),
conditioned on payment of the penalty or
compromise, is deposited with the Secretary
or Administrator.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1235;
Pub. L. 108–176, title V, § 503(d)(2), Dec. 12, 2003,
117 Stat. 2559.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

46304(a) ......

49 App.:1471(b).

46304(b) ......

49 App.:1473(b)(2).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46304(c) ......

§ 46306

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 901(b), 903(b)(2), (3), 72
Stat. 784, 786.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1473(b)(3).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In this section, the word ‘‘civil’’ is added before ‘‘penalty’’ for consistency in the revised title and with other
titles of the United States Code.
In subsections (b) and (c), the word ‘‘Administrator’’
in section 902(b)(2) and (3) of the Federal Aviation Act
of 1958 (Public Law 85–726, 72 Stat. 786) is retained on
authority of 49:106(g). The words ‘‘Attorney General’’
are substituted for ‘‘United States attorney for the judicial district in which the seizure is made’’ and
‘‘United States attorney’’ because of 28:503 and 509.
In subsection (b), the words ‘‘report on the seizure’’
are substituted for ‘‘report of the cause’’ for clarity.
The words ‘‘bring a civil action in rem’’ are substituted
for ‘‘institute proceedings’’ for clarity and consistency
in the revised title and with other titles of the Code
and the Federal Rules of Civil Procedure (28 App.
U.S.C.). The words ‘‘that the action will not be
brought’’ are substituted for ‘‘of his failure to so act’’
for clarity.
In subsection (c)(3), the words ‘‘under a civil action in
rem’’ are substituted for ‘‘in pursuance of process of
any court in proceedings in rem’’ to eliminate unnecessary words and for consistency.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–176 struck out ‘‘, (2), or
(3)’’ after ‘‘section 46301(a)(1)(A)–(C)’’.

EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

§ 46305. Actions to recover civil penalties
A civil penalty under this chapter may be collected by bringing a civil action against the person subject to the penalty, a civil action in rem
against an aircraft subject to a lien for a penalty, or both. The action shall conform as nearly
as practicable to a civil action in admiralty, regardless of the place an aircraft in a civil action
in rem is seized. However, a party may demand
a jury trial of an issue of fact in an action involving a civil penalty under this chapter (except a penalty imposed by the Secretary of
Transportation that formerly was imposed by
the Civil Aeronautics Board) if the value of the
matter in controversy is more than $20. Issues of
fact tried by a jury may be reexamined only
under common law rules.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1235.)
HISTORICAL AND REVISION NOTES
Revised
Section
46305 ..........

Source (U.S. Code)
49 App.:1473(b)(1).

49 App.:1473(b)(4).
49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 903(b)(1), 72 Stat. 786;
Oct. 24, 1978, Pub. L.
95–504, § 36, 92 Stat. 1741.
Aug. 23, 1958, Pub. L. 85–726,
§ 903(b)(4), 72 Stat. 787.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

The text of 49 App.:1473(b)(4) is omitted because of
28:ch. 131. The words ‘‘imposed or assessed’’ are omitted
as surplus. The words ‘‘bringing a civil action’’ are substituted for ‘‘proceedings in personam’’, the words
‘‘civil action in rem’’ are substituted for ‘‘proceedings
in rem’’, and the words ‘‘civil action’’ are substituted
for ‘‘civil suits’’, for consistency in the revised title and
with other titles of the United States Code and the
Federal Rules of Civil Procedure (28 App. U.S.C.). The
words ‘‘regardless of the place an aircraft in a civil action in rem is seized’’ are substituted for 49
App.:1473(b)(1) (last sentence) to eliminate unnecessary
words. The word ‘‘civil’’ is added after ‘‘involving a’’ for
clarity. The words ‘‘(except a penalty imposed by the
Secretary of Transportation that formerly was imposed
by the Civil Aeronautics Board)’’ are substituted for
‘‘other than those assessed by the Board’’ because the
Civil Aeronautics Board went out of existence and its
duties and powers were transferred to the Secretary of
Transportation.

§ 46306. Registration violations involving aircraft
not providing air transportation
(a) APPLICATION.—This section applies only to
aircraft not used to provide air transportation.
(b) GENERAL CRIMINAL PENALTY.—Except as
provided by subsection (c) of this section, a person shall be fined under title 18, imprisoned for
not more than 3 years, or both, if the person—
(1) knowingly and willfully forges or alters a
certificate authorized to be issued under this
part;
(2) knowingly sells, uses, attempts to use, or
possesses with the intent to use, such a certificate;

§ 46306

TITLE 49—TRANSPORTATION

(3) knowingly and willfully displays or
causes to be displayed on an aircraft a mark
that is false or misleading about the nationality or registration of the aircraft;
(4) obtains a certificate authorized to be issued under this part by knowingly and willfully falsifying or concealing a material fact,
making a false, fictitious, or fraudulent statement, or making or using a false document
knowing it contains a false, fictitious, or
fraudulent statement or entry;
(5) owns an aircraft eligible for registration
under section 44102 of this title and knowingly
and willfully operates, attempts to operate, or
allows another person to operate the aircraft
when—
(A) the aircraft is not registered under section 44103 of this title or the certificate of
registration is suspended or revoked; or
(B) the owner knows or has reason to know
that the other person does not have proper
authorization to operate or navigate the aircraft without registration for a period of
time after transfer of ownership;
(6) knowingly and willfully operates or attempts to operate an aircraft eligible for registration under section 44102 of this title
knowing that—
(A) the aircraft is not registered under section 44103 of this title;
(B) the certificate of registration is suspended or revoked; or
(C) the person does not have proper authorization to operate or navigate the aircraft without registration for a period of
time after transfer of ownership;
(7) knowingly and willfully serves or attempts to serve in any capacity as an airman
without an airman’s certificate authorizing
the individual to serve in that capacity;
(8) knowingly and willfully employs for service or uses in any capacity as an airman an individual who does not have an airman’s certificate authorizing the individual to serve in
that capacity; or
(9) operates an aircraft with a fuel tank or
fuel system that has been installed or modified knowing that the tank, system, installation, or modification does not comply with
regulations and requirements of the Administrator of the Federal Aviation Administration.
SUBSTANCE CRIMINAL PENsubsection, ‘‘controlled substance’’ has the same meaning given that term
in section 102 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C.
802).
(2) A person violating subsection (b) of this
section shall be fined under title 18, imprisoned
for not more than 5 years, or both, if the violation is related to transporting a controlled substance by aircraft or aiding or facilitating a controlled substance violation and the transporting, aiding, or facilitating—
(A) is punishable by death or imprisonment
of more than one year under a law of the
United States or a State; or
(B) that is provided is related to an act punishable by death or imprisonment for more
than one year under a law of the United States
(c) CONTROLLED
ALTY.—(1) In this

Page 998

or a State related to a controlled substance
(except a law related to simple possession of a
controlled substance).
(3) A term of imprisonment imposed under
paragraph (2) of this subsection shall be served
in addition to, and not concurrently with, any
other term of imprisonment imposed on the individual.
(d) SEIZURE AND FORFEITURE.—(1) The Administrator of Drug Enforcement or the Commissioner of Customs may seize and forfeit under
the customs laws an aircraft whose use is related to a violation of subsection (b) of this section, or to aid or facilitate a violation, regardless of whether a person is charged with the violation.
(2) An aircraft’s use is presumed to have been
related to a violation of, or to aid or facilitate
a violation of—
(A) subsection (b)(1) of this section if the aircraft certificate of registration has been
forged or altered;
(B) subsection (b)(3) of this section if there is
an external display of false or misleading registration numbers or country of registration;
(C) subsection (b)(4) of this section if—
(i) the aircraft is registered to a false or
fictitious person; or
(ii) the application form used to obtain the
aircraft certificate of registration contains a
material false statement;
(D) subsection (b)(5) of this section if the aircraft was operated when it was not registered
under section 44103 of this title; or
(E) subsection (b)(9) of this section if the aircraft has a fuel tank or fuel system that was
installed or altered—
(i) in violation of a regulation or requirement of the Administrator of the Federal
Aviation Administration; or
(ii) if a certificate required to be issued for
the installation or alteration is not carried
on the aircraft.
(3) The Administrator of the Federal Aviation
Administration, the Administrator of Drug Enforcement, and the Commissioner shall agree to
a memorandum of understanding to establish
procedures to carry out this subsection.
(e) RELATIONSHIP TO STATE LAWS.—This part
does not prevent a State from establishing a
criminal penalty, including providing for forfeiture and seizure of aircraft, for a person that—
(1) knowingly and willfully forges or alters
an aircraft certificate of registration;
(2) knowingly sells, uses, attempts to use, or
possesses with the intent to use, a fraudulent
aircraft certificate of registration;
(3) knowingly and willfully displays or
causes to be displayed on an aircraft a mark
that is false or misleading about the nationality or registration of the aircraft; or
(4) obtains an aircraft certificate of registration from the Administrator of the Federal
Aviation Administration by—
(A) knowingly and willfully falsifying or
concealing a material fact;
(B) making a false, fictitious, or fraudulent statement; or
(C) making or using a false document
knowing it contains a false, fictitious, or
fraudulent statement or entry.

Page 999

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1235;
Pub. L. 104–287, § 5(78), Oct. 11, 1996, 110 Stat.
3397.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

46306(a) ......

49 App.:1303 (note).

46306(b) ......

49 App.:1472(b)(1), (2)
(1st sentence cl.
(A)).

46306(c)(1) ..
46306(c)(2) ..

49 App.:1472(b)(4).
49 App.:1472(b)(2)
(1st sentence cl.
(B)).
49 App.:1472(b)(2)
(last sentence).
49 App.:1472(b)(3).
49 App.:1472(b)(5).

46306(c)(3) ..
46306(d) ......
46306(e) ......

§ 46308

TITLE 49—TRANSPORTATION

TRANSFER OF FUNCTIONS

Source (Statutes at Large)
Nov. 18, 1988, Pub. L. 100–690,
§ 7214, 102 Stat. 4434.
Aug. 23, 1958, Pub. L. 85–726,
§ 902(b)(1)–(4), 72 Stat. 784;
Oct. 19, 1984, Pub. L.
98–499, § 6, 98 Stat. 2316; restated Nov. 18, 1988, Pub.
L. 100–690, § 7209(a), 102
Stat. 4429.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(b)(5);
added Oct. 27, 1986, Pub. L.
99–570,
§ 3401(a)(1),
100
Stat. 3207–99; Nov. 18, 1988,
Pub. L. 100–690, § 7209(a),
(b)(1), 102 Stat. 4429, 4432.

PUB. L. 104–287
a

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.

§ 46307. Violation of national defense airspace

In subsections (b)(9), (d), and (e), the word ‘‘Administrator’’ in section 902(b) of the Federal Aviation Act of
1958 (Public Law 85–726, 72 Stat. 784) is retained on authority of 49:106(g).
In subsection (b), before clause (1), the words ‘‘Except
as provided by subsection (c) of this section’’ are added
for clarity. The words ‘‘It shall be unlawful for any person’’ and ‘‘upon conviction’’ are omitted as surplus.
The words ‘‘fined under title 18’’ are substituted for ‘‘a
fine of not more than $15,000’’ for consistency with title
18. In clause (1), the words ‘‘counterfeit’’ and ‘‘falsely
make’’ are omitted as surplus. In clause (4), the words
‘‘covering up’’, ‘‘representation’’, and ‘‘writing’’ are
omitted as surplus. In clause (7), the word ‘‘valid’’ is
omitted as surplus.
In subsection (c)(2), before clause (A), the words
‘‘fined under title 18’’ are substituted for ‘‘a fine of not
more than $25,000’’ for consistency with title 18.
In subsection (d)(1) and (3), the words ‘‘Administrator
of Drug Enforcement’’ are substituted for ‘‘Drug Enforcement Administration of the Department of Justice’’ and ‘‘Drug Enforcement Administration’’ because
of section 5(a) of Reorganization Plan No. 2 of 1973 (eff.
July 1, 1973, 87 Stat. 1092). The words ‘‘Commissioner of
Customs’’ and ‘‘Commissioner’’ are substituted for
‘‘United States Customs Service’’ because of 19:2071.
In subsection (d)(2)(A), the words ‘‘aircraft certificate
of registration’’ are substituted for ‘‘registration’’ for
consistency in this section. The words ‘‘counterfeited’’
and ‘‘falsely made’’ are omitted as surplus.
In subsections (d)(2)(C)(ii) and (e), the words ‘‘aircraft
certificate of registration’’ are substituted for ‘‘aircraft
registration certificate’’ for consistency with 49
App.:1401, restated in chapter 441 of the revised title.
In subsection (e), before clause (1), the words ‘‘this
subsection or in any other provision of’’ are omitted as
surplus. In clause (1), the words ‘‘counterfeits’’ and
‘‘falsely makes’’ are omitted as surplus. In clause
(4)(A), the words ‘‘covering up’’ are omitted as surplus.
In clause (4)(B), the words ‘‘or representation’’ are
omitted as surplus. In clause (4)(C), the words ‘‘writing
or’’ are omitted as surplus.

This
makes
49:46306(c)(2)(B).

EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–287 effective July 5, 1994,
see section 8(1) of Pub. L. 104–287, set out as a note
under section 5303 of this title.

clarifying

A person that knowingly or willfully violates
section 40103(b)(3) of this title or a regulation
prescribed or order issued under section
40103(b)(3) shall be fined under title 18, imprisoned for not more than one year, or both.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1237.)
HISTORICAL AND REVISION NOTES
Revised
Section
46307 ..........

to

AMENDMENTS
1996—Subsec. (c)(2)(B). Pub. L. 104–287 inserted ‘‘that
is’’ before ‘‘provided’’.

49 App.:1523.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1203, 72 Stat. 800.

The words ‘‘In addition to the penalties otherwise
provided for by this chapter’’ are omitted as surplus.
The word ‘‘prescribed’’ is added for consistency in the
revised title. The words ‘‘fined under title 18’’ are substituted for ‘‘a fine of not exceeding $10,000’’, and the
words ‘‘shall be deemed guilty of a misdemeanor’’ are
omitted, for consistency with title 18. The words ‘‘and
upon conviction thereof’’ and ‘‘such fine and imprisonment’’ are omitted as surplus.

§ 46308. Interference with air navigation
A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the
person—
(1) with intent to interfere with air navigation in the United States, exhibits in the
United States a light or signal at a place or in
a way likely to be mistaken for a true light or
signal established under this part or for a true
light or signal used at an air navigation facility;
(2) after a warning from the Administrator
of the Federal Aviation Administration, continues to maintain a misleading light or signal; or
(3) knowingly interferes with the operation
of a true light or signal.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1238.)
HISTORICAL AND REVISION NOTES
Revised
Section
46308 ..........

amendment

Source (U.S. Code)

Source (U.S. Code)
49 App.:1472(c).
49 App.:1655(c)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 902(c), 72 Stat. 784.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

In this section, before clause (1), the words ‘‘fined
under title 18’’ are substituted for ‘‘a fine of not exceed-

§ 46309

TITLE 49—TRANSPORTATION

Page 1000

ing $5,000’’ for consistency with title 18. The words
‘‘such fine and imprisonment’’ are omitted as surplus.
In clause (1), the words ‘‘used at’’ are substituted for
‘‘in connection with’’ for clarity. The words ‘‘airport or
other’’ are omitted as being included in the definition
of ‘‘air navigation facility’’ in section 40102(a) of the revised title. In clause (2), the word ‘‘due’’ is omitted as
surplus. The word ‘‘Administrator’’ in section 902(c) of
the Federal Aviation Act of 1958 (Public Law 85–726, 72
Stat. 784) is retained on authority of 49:106(g). In clause
(3), the words ‘‘removes, extinguishes, or’’ are omitted
as surplus.

In subsection (b), before clause (1), the words ‘‘by any
means’’ are substituted for ‘‘in any manner or by any
device’’ for consistency in this section and to eliminate
unnecessary words. In clauses (1) and (2), the word ‘‘foreign’’ is added for clarity because only foreign air
transportation has regulated prices. In clause (1), the
word ‘‘rebate’’ is substituted for ‘‘refund or remittance’’ for consistency in this section. In clause (2), the
word ‘‘favor’’ is omitted as being included in ‘‘privilege’’.

§ 46309. Concession and price violations

(a) GENERAL CRIMINAL PENALTY.—An air carrier or an officer, agent, or employee of an air
carrier shall be fined under title 18 for intentionally—
(1) failing to make a report or keep a record
under this part;
(2) falsifying, mutilating, or altering a report or record under this part; or
(3) filing a false report or record under this
part.

(a) CRIMINAL PENALTY FOR OFFERING, GRANTING, GIVING, OR HELPING TO OBTAIN CONCESSIONS
AND LOWER PRICES.—An air carrier, foreign air
carrier, ticket agent, or officer, agent, or employee of an air carrier, foreign air carrier, or
ticket agent shall be fined under title 18 if the
air carrier, foreign air carrier, ticket agent, officer, agent, or employee—
(1) knowingly and willfully offers, grants, or
gives, or causes to be offered, granted, or
given, a rebate or other concession in violation of this part; or
(2) by any means knowingly and willfully assists, or willingly allows, a person to obtain
transportation or services subject to this part
at less than the price lawfully in effect.
(b) CRIMINAL PENALTY FOR RECEIVING REBATES,
PRIVILEGES, AND FACILITIES.—A person shall be
fined under title 18 if the person by any means—
(1) knowingly and willfully solicits, accepts,
or receives a rebate of a part of a price lawfully in effect for the foreign air transportation of property, or a service related to the
foreign air transportation; or
(2) knowingly solicits, accepts, or receives a
privilege or facility related to a matter the
Secretary of Transportation requires be specified in a currently effective tariff applicable to
the foreign air transportation of property.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1238.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

46309(a) ......

49 App.:1472(d)(1).

46309(b) ......

49 App.:1472(d)(2).

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 902(d)(1), 72 Stat. 785;
Jan. 3, 1975, Pub L. 93–623,
§ 8(b), 88 Stat. 2105.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(d)(2);
added Jan. 3, 1975, Pub. L.
93–623, § 8(b), 88 Stat. 2106.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

In this section, the words ‘‘fined under title 18’’ are
substituted for ‘‘a fine of not less than $100 and not
more than $5,000’’ and ‘‘fined not less than $100, nor
more than $5,000’’ for consistency with title 18. The
words ‘‘for each offense’’ are omitted as surplus. The
words ‘‘fares, or charges’’ are omitted as surplus because of the definition of ‘‘rate’’ in section 40102(a) of
the revised title.
In subsection (a), before clause (1), the word ‘‘representative’’ is omitted as surplus. The words ‘‘shall be
deemed guilty of a misdemeanor’’ are omitted as superseded by 18:3559. The words ‘‘and, upon conviction
thereof’’ are omitted as surplus. In clause (2), the words
‘‘device or’’ and ‘‘suffer or’’ are omitted as surplus.

§ 46310. Reporting and recordkeeping violations

(b) SAFETY REGULATION CRIMINAL PENALTY.—
An air carrier or an officer, agent, or employee
of an air carrier shall be fined under title 18, imprisoned for not more than 5 years, or both, for
intentionally falsifying or concealing a material
fact, or inducing reliance on a false statement of
material fact, in a report or record under section 44701(a) or (b) or any of sections 44702–44716
of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1238;
Pub. L. 103–429, § 6(56), Oct. 31, 1994, 108 Stat.
4385.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

46310 ..........

49 App.:1472(e).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 902(e), 72 Stat. 785; restated Sept. 30, 1987, Pub.
L. 100–121, 101 Stat. 792.

In this section, the word ‘‘representative’’ is omitted
as surplus. The words ‘‘account’’ and ‘‘memorandum’’
are omitted as being included in ‘‘record’’.
In subsection (a), before clause (1), the words ‘‘fined
under title 18’’ are substituted for ‘‘fined not more than
$5,000 in the case of an individual and not more than
$10,000 in the case of a person other than an individual’’
for consistency in this section and with title 18.
In subsection (b), the words ‘‘or representation’’ are
omitted a surplus.
PUB. L. 103–429
This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b)
to correct erroneous cross-references.
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–429 inserted ‘‘any of sections’’ before ‘‘44702–44716’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

§ 46311. Unlawful disclosure of information
(a) CRIMINAL PENALTY.—The Secretary of
Transportation, the Under Secretary of Transportation for Security with respect to security
duties and powers designated to be carried out

Page 1001

§ 46312

TITLE 49—TRANSPORTATION

by the Under Secretary, the Administrator of
the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator,
or an officer or employee of the Secretary,
Under Secretary, or Administrator shall be fined
under title 18, imprisoned for not more than 2
years, or both, if the Secretary, Under Secretary, Administrator, officer, or employee
knowingly and willfully discloses information
that—
(1) the Secretary, Under Secretary, Administrator, officer, or employee acquires when inspecting the records of an air carrier; or
(2) is withheld from public disclosure under
section 40115 of this title.

duties and powers designated to be carried out by the
Under Secretary,’’ after ‘‘Transportation,’’ and ‘‘Under
Secretary,’’
after
‘‘Secretary,’’
and
substituted
‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’.
Subsec. (a)(1). Pub. L. 107–71, § 140(d)(6)(B) inserted
‘‘Under Secretary,’’ after ‘‘Secretary,’’.
Subsec. (b)(1). Pub. L. 107–71, § 140(d)(6)(C), substituted
‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’ in two places.
Subsec. (b)(2). Pub. L. 107–71, § 140(d)(6)(B) inserted
‘‘Under Secretary,’’ after ‘‘Secretary,’’.
Subsec. (c). Pub. L. 107–71, § 140(d)(6)(C), substituted
‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’.

(b) NONAPPLICATION.—Subsection (a) of this
section does not apply if—
(1) the officer or employee is directed by the
Secretary, Under Secretary, or Administrator
to disclose information that the Secretary,
Under Secretary, or Administrator had ordered withheld; or
(2) the Secretary, Under Secretary, Administrator, officer, or employee is directed by a
court of competent jurisdiction to disclose the
information.

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

(c) WITHHOLDING
GRESS.—This section

INFORMATION FROM CONdoes not authorize the Secretary, Under Secretary, or Administrator to
withhold information from a committee of Congress authorized to have the information.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1239;
Pub. L. 107–71, title I, § 140(d)(6), Nov. 19, 2001, 115
Stat. 642.)
HISTORICAL AND REVISION NOTES
Revised
Section
46311(a), (b)

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1472(f)
(words before proviso).
49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726,
§ 902(f), 72 Stat. 785.

49 App.:1655(c)(1).

46311(c) ......

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1472(f) (proviso).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In this section, the word ‘‘Administrator’’ in section
902(f) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 785) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words ‘‘fined
under title 18’’ are substituted for ‘‘a fine of not more
than $5,000’’ for consistency with title 18. The words
‘‘upon conviction thereof be subject for each offense’’
are omitted as surplus. The words ‘‘any fact or’’ are
omitted as being included in ‘‘information’’. In clause
(1), the words ‘‘the Secretary, Administrator, officer, or
employee acquires’’ are substituted for ‘‘may come to
his knowledge’’ for clarity and consistency.
In subsection (b)(2), the words ‘‘or a judge thereof’’
are omitted as surplus.
In subsection (c), the word ‘‘duly’’ is omitted as surplus.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71, § 140(d)(6), in introductory provisions, inserted ‘‘the Under Secretary of
Transportation for Security with respect to security

TRANSFER OF FUNCTIONS

§ 46312. Transporting hazardous material
(a) IN GENERAL.—A person shall be fined under
title 18, imprisoned for not more than 5 years, or
both, if the person, in violation of a regulation
or requirement related to the transportation of
hazardous material prescribed by the Secretary
of Transportation under this part or chapter 51—
(1) willfully delivers, or causes to be delivered, property containing hazardous material
to an air carrier or to an operator of a civil
aircraft for transportation in air commerce; or
(2) recklessly causes the transportation in
air commerce of the property.
(b) KNOWLEDGE OF REGULATIONS.—For purposes
of subsection (a), knowledge by the person of the
existence of a regulation or requirement related
to the transportation of hazardous material prescribed by the Secretary under this part or chapter 51 is not an element of an offense under this
section but shall be considered in mitigation of
the penalty.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1239;
Pub. L. 106–181, title V, § 507, Apr. 5, 2000, 114
Stat. 140; Pub. L. 109–59, title VII, § 7128(a), Aug.
10, 2005, 119 Stat. 1909.)
HISTORICAL AND REVISION NOTES
Revised
Section
46312 ..........

Source (U.S. Code)
49 App.:1472(h)(2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 902(h)(2), 72 Stat. 785; restated Jan. 3, 1975, Pub. L.
93–633, § 113(c), 88 Stat.
2162.

In this section, before clause (1), the words ‘‘is guilty
of an offense’’, ‘‘Upon conviction’’, and ‘‘for each offense’’ are omitted as surplus. The words ‘‘fined under
title 18’’ are substituted for ‘‘a fine of not more than
$25,000’’ for consistency with title 18. The word ‘‘prescribed’’ is substituted for ‘‘issued’’ for consistency in
the revised title and with other titles of the United
States Code. In clause (1), the words ‘‘shipment, baggage, or other’’ are omitted as surplus.

§ 46313

TITLE 49—TRANSPORTATION
AMENDMENTS

2005—Subsec. (a). Pub. L. 109–59, § 7128(a)(1), substituted ‘‘this part or chapter 51—’’ for ‘‘this part—’’ in
introductory provisions.
Subsec. (b). Pub. L. 109–59, § 7128(a)(2), inserted ‘‘or
chapter 51’’ after ‘‘under this part’’.
2000—Pub. L. 106–181 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 46313. Refusing to appear or produce records
A person not obeying a subpena or requirement of the Secretary of Transportation (or the
Under Secretary of Transportation for Security
with respect to security duties and powers designated to be carried out by the Under Secretary
or the Administrator of the Federal Aviation
Administration with respect to aviation safety
duties and powers designated to be carried out
by the Administrator) to appear and testify or
produce records shall be fined under title 18, imprisoned for not more than one year, or both.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1239;
Pub. L. 107–71, title I, § 140(d)(7), Nov. 19, 2001, 115
Stat. 642.)
HISTORICAL AND REVISION NOTES
Revised
Section
46313 ..........

Source (U.S. Code)
49 App.:1472(g).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

Page 1002

tions 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 46314. Entering aircraft or airport area in violation of security requirements
(a) PROHIBITION.—A person may not knowingly
and willfully enter, in violation of security requirements prescribed under section 44901,
44903(b) or (c), or 44906 of this title, an aircraft
or an airport area that serves an air carrier or
foreign air carrier.
(b) CRIMINAL PENALTY.—(1) A person violating
subsection (a) of this section shall be fined
under title 18, imprisoned for not more than one
year, or both.
(2) A person violating subsection (a) of this
section with intent to commit, in the aircraft or
airport area, a felony under a law of the United
States or a State shall be fined under title 18,
imprisoned for not more than 10 years, or both.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1239.)
HISTORICAL AND REVISION NOTES
Revised
Section
46314 ..........

Source (U.S. Code)
49 App.:1472(r).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(r); added
Dec. 30, 1987, Pub. L.
100–223, § 204(f)(2), 101 Stat.
1520.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 902(g), 72 Stat. 785.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

The word ‘‘Administrator’’ in section 902(g) of the
Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat.
785) is retained on authority of 49:106(g). The words
‘‘not obeying’’ are substituted for ‘‘who shall neglect or
refuse . . . or to answer any lawful inquiry . . . in obedience to’’ to eliminate surplus words. The word ‘‘lawful’’ is omitted as surplus. The word ‘‘appear’’ is substituted for ‘‘attend’’ for clarity. The word ‘‘records’’ is
substituted for ‘‘books, papers, or documents’’ for consistency in the revised title and with other titles of the
United States Code. The words ‘‘if in his power to do
so’’ are omitted as surplus. The words ‘‘shall be guilty
of a misdemeanor’’ are omitted for consistency with
title 18. The words ‘‘and, upon conviction thereof’’ are
omitted as surplus. The words ‘‘fined under title 18’’ are
substituted for ‘‘a fine of not less than $100 nor more
than $5,000’’ for consistency with title 18.
AMENDMENTS
2001—Pub. L. 107–71 inserted ‘‘the Under Secretary of
Transportation for Security with respect to security
duties and powers designated to be carried out by the
Under Secretary or’’ after ‘‘(or’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sec-

In subsection (b), the words ‘‘fined under title 18’’ are
substituted for ‘‘a fine not to exceed $1,000’’ and ‘‘a fine
not to exceed $10,000’’ for consistency with title 18.
In subsection (b)(1), the words ‘‘Upon conviction’’ are
omitted as surplus.
In subsection (b)(2), the words ‘‘airport area’’ are substituted for ‘‘secured area’’ for consistency in this section.

§ 46315. Lighting violations involving transporting controlled substances by aircraft not providing air transportation
(a) APPLICATION.—This section applies only to
aircraft not used to provide air transportation.
(b) CRIMINAL PENALTY.—A person shall be
fined under title 18, imprisoned for not more
than 5 years, or both, if—
(1) the person knowingly and willfully operates an aircraft in violation of a regulation or
requirement of the Administrator of the Federal Aviation Administration related to the
display of navigation or anticollision lights;
(2) the person is knowingly transporting a
controlled substance by aircraft or aiding or
facilitating a controlled substance offense; and
(3) the transporting, aiding, or facilitating—
(A) is punishable by death or imprisonment for more than one year under a law of
the United States or a State; or
(B) is provided in connection with an act
punishable by death or imprisonment for
more than one year under a law of the
United States or a State related to a controlled substance (except a law related to
simple possession of a controlled substance).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1240.)

Page 1003

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

46315(a) ......

49 App.:1303 (note).

46315(b) ......

49 App.:1472(q).

Source (Statutes at Large)
Nov. 18, 1988, Pub. L. 100–690,
§ 7214, 102 Stat. 4434.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(q); added
Oct. 19, 1984, Pub. L.
98–499, § 5(a), 98 Stat. 2315;
restated Oct. 27, 1986, Pub.
L. 99–570, § 3401(b)(1), 100
Stat. 3207–100; Nov. 18,
1988, Pub. L. 100–690,
§ 7209(c)(1), (2)(A), 102 Stat.
4432.

In subsection (b), before clause (1), the words ‘‘fined
under title 18’’ are substituted for ‘‘a fine not exceeding
$25,000’’ for consistency with title 18. In clause (2), the
word ‘‘knowingly’’ is substituted for ‘‘and with knowledge of such act’’ to eliminate unnecessary words.

§ 46316. General criminal penalty when specific
penalty not provided
(a) CRIMINAL PENALTY.—Except as provided by
subsection (b) of this section, when another
criminal penalty is not provided under this
chapter, a person that knowingly and willfully
violates this part, a regulation prescribed or
order issued by the Secretary of Transportation
(or the Under Secretary of Transportation for
Security with respect to security duties and
powers designated to be carried out by the
Under Secretary or the Administrator of the
Federal Aviation Administration with respect to
aviation safety duties and powers designated to
be carried out by the Administrator) under this
part, or any term of a certificate or permit issued under section 41102, 41103, or 41302 of this
title shall be fined under title 18. A separate violation occurs for each day the violation continues.
(b) NONAPPLICATION.—Subsection (a) of this
section does not apply to chapter 401 (except
sections 40103(a) and (d), 40105, 40116, and 40117),
chapter 441 (except section 44109), chapter 445,
chapter 447 (except section 44718(a)), and chapter
449 (except sections 44902, 44903(d), 44904, and
44907–44909) of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1240;
Pub. L. 104–287, § 5(79), Oct. 11, 1996, 110 Stat.
3397; Pub. L. 105–102, § 3(d)(1)(D), Nov. 20, 1997, 111
Stat. 2215; Pub. L. 107–71, title I, § 140(d)(7), Nov.
19, 2001, 115 Stat. 642.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
46316 ..........

§ 46317

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1472(a).

49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 902(a), 72 Stat. 784; restated July 10, 1962, Pub.
L. 87–528, § 13, 76 Stat. 150.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

In subsection (a), the word ‘‘prescribed’’ is added for
consistency in the revised title. The words ‘‘condition,
or limitation of’’ are omitted as surplus. The word ‘‘Administrator’’ in section 902(a) of the Federal Aviation
Act of 1958 (Public Law 85–726, 72 Stat. 784) is retained
on authority of 49:106(g). The words ‘‘or in section 1474

of this Appendix’’ are omitted as surplus because 49
App.:1474 is not included in the revised title. The words
‘‘shall be deemed guilty of a misdemeanor’’ are omitted
for consistency with title 18. The words ‘‘and upon conviction thereof’’ are omitted as surplus. The words
‘‘shall be fined under title 18’’ are substituted for ‘‘shall
be subject for the first offense to a fine of not more
than $500, and for any subsequent offense to a fine of
not more than $2,000’’ for consistency with title 18.
In subsection (b), reference to 49 App.:ch. 20, subch.
VII is omitted as unnecessary because subchapter VII is
not restated in this part.
PUB. L. 104–287
This amends 49:46316(b) to make it easier to include
future sections in the cross-reference by restating it in
terms of chapters.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71 inserted ‘‘the Under
Secretary of Transportation for Security with respect
to security duties and powers designated to be carried
out by the Under Secretary or’’ after ‘‘(or’’.
1997—Subsec. (b). Pub. L. 105–102 amended directory
language of Pub. L. 104–287. See 1996 Amendment note
below.
1996—Subsec. (b). Pub. L. 104–287, as amended by Pub.
L. 105–102, substituted ‘‘chapter 447 (except section
44718(a)), and chapter 449 (except sections 44902, 44903(d),
44904, and 44907–44909)’’ for ‘‘and sections 44701(a) and
(b), 44702–44716, 44901, 44903(b) and (c), 44905, 44906,
44912–44915, and 44932–44938’’.
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–102, § 3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(D) is
effective Oct. 11, 1996.
Amendment by Pub. L. 105–102 effective as if included
in the provisions of the Act to which the amendment
relates, see section 3(f) of Pub. L. 105–102, set out as a
note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–287 effective July 5, 1994,
see section 8(1) of Pub. L. 104–287, set out as a note
under section 5303 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 46317. Criminal penalty for pilots operating in
air transportation without an airman’s certificate
(a) GENERAL CRIMINAL PENALTY.—An individual shall be fined under title 18 or imprisoned
for not more than 3 years, or both, if that individual—
(1) knowingly and willfully serves or attempts to serve in any capacity as an airman
operating an aircraft in air transportation
without an airman’s certificate authorizing
the individual to serve in that capacity; or
(2) knowingly and willfully employs for service or uses in any capacity as an airman to operate an aircraft in air transportation an individual who does not have an airman’s certifi-

§ 46318

TITLE 49—TRANSPORTATION

cate authorizing the individual to serve in
that capacity.
(b) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—

(1) CONTROLLED SUBSTANCES DEFINED.—In
this subsection, the term ‘‘controlled substance’’ has the meaning given that term in
section 102 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C.
802).
(2) CRIMINAL PENALTY.—An individual violating subsection (a) shall be fined under title 18
or imprisoned for not more than 5 years, or
both, if the violation is related to transporting
a controlled substance by aircraft or aiding or
facilitating a controlled substance violation
and that transporting, aiding, or facilitating—
(A) is punishable by death or imprisonment of more than 1 year under a Federal or
State law; or
(B) is related to an act punishable by death
or imprisonment for more than 1 year under
a Federal or State law related to a controlled substance (except a law related to
simple possession (as that term is used in
section 46306(c)) of a controlled substance).
(3) TERMS OF IMPRISONMENT.—A term of imprisonment imposed under paragraph (2) shall
be served in addition to, and not concurrently
with, any other term of imprisonment imposed
on the individual subject to the imprisonment.

airport listed in the national plan of integrated
airport systems under section 47103 without providing written notice to the Administrator of
the Federal Aviation Administration at least 30
days before the date of the closure.
(b) PUBLICATION OF NOTICE.—The Administrator shall publish each notice received under
subsection (a) in the Federal Register.
(c) CIVIL PENALTY.—A public agency violating
subsection (a) shall be liable for a civil penalty
of $10,000 for each day that the airport remains
closed without having given the notice required
by this section.
(Added Pub. L. 108–176, title I, § 185(a), Dec. 12,
2003, 117 Stat. 2517.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

CHAPTER 465—SPECIAL AIRCRAFT
JURISDICTION OF THE UNITED STATES
Sec.

46501.
46502.
46503.
46503.
46504.

(Added Pub. L. 106–181, title V, § 509(a), Apr. 5,
2000, 114 Stat. 141.)

46505.

EFFECTIVE DATE

46506.

Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

46507.

§ 46318. Interference with cabin or flight crew
(a) GENERAL RULE.—An individual who physically assaults or threatens to physically assault a member of the flight crew or cabin crew
of a civil aircraft or any other individual on the
aircraft, or takes any action that poses an imminent threat to the safety of the aircraft or
other individuals on the aircraft is liable to the
United States Government for a civil penalty of
not more than $25,000.
(b) COMPROMISE AND SETOFF.—
(1) COMPROMISE.—The Secretary may compromise the amount of a civil penalty imposed
under this section.
(2) SETOFF.—The United States Government
may deduct the amount of a civil penalty imposed or compromised under this section from
amounts the Government owes the person liable for the penalty.
(Added Pub. L. 106–181, title V, § 511(a), Apr. 5,
2000, 114 Stat. 142.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 46319. Permanent closure of an airport without
providing sufficient notice
(a) PROHIBITION.—A public agency (as defined
in section 47102) may not permanently close an

Page 1004

Definitions.
Aircraft piracy.
Interference with security screening personnel.
Repealed.1
Interference with flight crew members and
attendants.
Carrying a weapon or explosive on an aircraft.
Application of certain criminal laws to acts
on aircraft.
False information and threats.
AMENDMENTS

2001—Pub. L. 107–71, title I, § 114(b), Nov. 19, 2001, 115
Stat. 623, added item 46503 ‘‘Interference with security
screening personnel’’.
1994—Pub. L. 103–322, title VI, § 60003(b)(1), Sept. 13,
1994, 108 Stat. 1970, substituted ‘‘Repealed’’ for ‘‘Death
penalty sentencing procedure for aircraft piracy’’ in
item 46503.

§ 46501. Definitions
In this chapter—
(1) ‘‘aircraft in flight’’ means an aircraft
from the moment all external doors are closed
following boarding—
(A) through the moment when one external door is opened to allow passengers to
leave the aircraft; or
(B) until, if a forced landing, competent
authorities take over responsibility for the
aircraft and individuals and property on the
aircraft.
(2) ‘‘special aircraft jurisdiction of the
United States’’ includes any of the following
aircraft in flight:
(A) a civil aircraft of the United States.
(B) an aircraft of the armed forces of the
United States.
(C) another aircraft in the United States.
(D) another aircraft outside the United
States—
(i) that has its next scheduled destination or last place of departure in the
1 So

in original. This item probably should not appear.

Page 1005

United States, if the aircraft next lands in
the United States;
(ii) on which an individual commits an
offense (as defined in the Convention for
the Suppression of Unlawful Seizure of
Aircraft) if the aircraft lands in the United
States with the individual still on the aircraft; or
(iii) against which an individual commits an offense (as defined in subsection
(d) or (e) of article I, section I of the Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation)
if the aircraft lands in the United States
with the individual still on the aircraft.
(E) any other aircraft leased without crew
to a lessee whose principal place of business
is in the United States or, if the lessee does
not have a principal place of business, whose
permanent residence is in the United States.
(3) an individual commits an offense (as defined in the Convention for the Suppression of
Unlawful Seizure of Aircraft) when the individual, when on an aircraft in flight—
(A) by any form of intimidation, unlawfully seizes, exercises control of, or attempts
to seize or exercise control of, the aircraft;
or
(B) is an accomplice of an individual referred to in subclause (A) of this clause.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1240.)
HISTORICAL AND REVISION NOTES
Revised
Section
46501(1) ......

Source (U.S. Code)
49 App.:1301(38)
(words after 10th
comma).

49 App.:1472(n)(4).

46501(2) ......
46501(3) ......

§ 46502

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 101(38);
added Oct. 14, 1970, Pub. L.
91–449, § 1(1), 84 Stat. 921;
restated Aug. 5, 1974, Pub.
L. 93–366, §§ 102, 206, 88
Stat. 409, 419; Nov. 9, 1977,
Pub. L. 95–163, § 17(b)(1), 91
Stat. 1286; Oct. 24, 1978,
Pub. L. 95–504, § 2(b), 92
Stat. 1705; Oct. 12, 1984,
Pub. L. 98–473, § 2013(c), 98
Stat. 2189.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(n)(2), (4);
added Aug. 5, 1974, Pub. L.
93–366, § 103(b), 88 Stat. 410,
411.

49 App.:1301(38)
(words before 10th
comma).
49 App.:1472(n)(2).

In clause (2), before subclause (A), the words ‘‘any of
the following’’ are substituted for ‘‘includes’’ for clarity. In subclause (B), the words ‘‘armed forces’’ are substituted for ‘‘national defense forces’’ because of 10:101.
In subclause (D)(i), the word ‘‘place’’ is substituted for
‘‘point’’ for consistency in the revised title. The word
‘‘actually’’ is omitted as surplus. In subclause (D)(ii),
the words ‘‘on which an individual commits’’ are substituted for ‘‘having . . . committed aboard’’ for clarity. In subclause (D)(iii), the words ‘‘against which an
individual commits’’ are substituted for ‘‘regarding
which an offense . . . is committed’’ for clarity. The
words ‘‘(Montreal, September 23, 1971)’’ are omitted as
surplus. In subclause (E), the words ‘‘the lessee does
not have a principal place of business’’ are substituted
for ‘‘none’’ for clarity.
In clause (3), the words ‘‘by force or threat thereof, or
. . . other’’ are omitted as surplus.

§ 46502. Aircraft piracy
(a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) In
this subsection—
(A) ‘‘aircraft piracy’’ means seizing or exercising control of an aircraft in the special aircraft jurisdiction of the United States by
force, violence, threat of force or violence, or
any form of intimidation, and with wrongful
intent.
(B) an attempt to commit aircraft piracy is
in the special aircraft jurisdiction of the
United States although the aircraft is not in
flight at the time of the attempt if the aircraft would have been in the special aircraft
jurisdiction of the United States had the aircraft piracy been completed.
(2) An individual committing or attempting or
conspiring to commit aircraft piracy—
(A) shall be imprisoned for at least 20 years;
or
(B) notwithstanding section 3559(b) of title
18, if the death of another individual results
from the commission or attempt, shall be put
to death or imprisoned for life.
(b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.—
(1) An individual committing or conspiring to
commit an offense (as defined in the Convention
for the Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight outside the special
aircraft jurisdiction of the United States—
(A) shall be imprisoned for at least 20 years;
or
(B) notwithstanding section 3559(b) of title
18, if the death of another individual results
from the commission or attempt, shall be put
to death or imprisoned for life.
(2) There is jurisdiction over the offense in
paragraph (1) if—
(A) a national of the United States was
aboard the aircraft;
(B) an offender is a national of the United
States; or
(C) an offender is afterwards found in the
United States.
(3) For purposes of this subsection, the term
‘‘national of the United States’’ has the meaning
prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1241;
Pub. L. 103–429, § 6(61), Oct. 31, 1994, 108 Stat.
4385; Pub. L. 104–132, title VII, §§ 721(a), 723(b),
Apr. 24, 1996, 110 Stat. 1298, 1300.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

46502(a)(1) ..

49 App.:1472(i)(2),
(3).

46502(a)(2) ..
46502(b)(1) ..

49 App.:1472(i)(1).
49 App.:1472(n)(1).

46502(b)(2) ..

49 App.:1472(n)(3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(i); added
Sept. 5, 1961, Pub. L.
87–197, § 1, 75 Stat. 466;
Oct. 14, 1970, Pub. L.
91–449, § 1(3), 84 Stat. 921;
Aug. 5, 1974, Pub. L.
93–366, §§ 103(a), 104, 88
Stat. 410, 411.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(n)(1), (3);
added Aug. 5, 1974, Pub. L.
93–366, § 103(b), 88 Stat. 410.

§ 46503

TITLE 49—TRANSPORTATION

In subsection (a)(1)(B), the words ‘‘offense of’’ are
omitted as surplus.
In subsection (a)(2), the words ‘‘as herein defined’’ are
omitted as surplus.
In subsection (b)(2), the words ‘‘the place of actual’’
are omitted as surplus. The words ‘‘as defined in paragraph (2) of this subsection’’ are omitted because of the
restatement. The word ‘‘country’’ is substituted for
‘‘State’’ for consistency in the revised title and with
other titles of the United States Code.
PUB. L. 103–429
This amends 49:46502(a)(2)(B) and (b)(1)(B) to clarify
the restatement of 49 App.:1472(i)(1)(B) and (n)(1)(B) by
section 1 of the Act of July 5, 1994 (Public Law 103–272,
108 Stat. 1241, 1242).
AMENDMENTS
1996—Subsec. (a)(2). Pub. L. 104–132, § 723(b)(1), inserted ‘‘or conspiring’’ after ‘‘attempting’’.
Subsec. (b)(1). Pub. L. 104–132, §§ 721(a)(1), 723(b)(2), in
introductory provisions, inserted ‘‘or conspiring to
commit’’ after ‘‘committing’’ and struck out ‘‘and later
found in the United States’’ after ‘‘jurisdiction of the
United States’’.
Subsec. (b)(2). Pub. L. 104–132, § 721(a)(2), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ‘‘This subsection applies only if the place of takeoff or landing of the aircraft on which the individual
commits the offense is located outside the territory of
the country of registration of the aircraft.’’
Subsec. (b)(3). Pub. L. 104–132, § 721(a)(3), added par.
(3).
1994—Subsecs. (a)(2)(B), (b)(1)(B). Pub. L. 103–429 inserted ‘‘notwithstanding section 3559(b) of title 18,’’ before ‘‘if the death’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY
CASES OCCURRING BEFORE ENACTMENT OF THE FEDERAL DEATH PENALTY ACT OF 1994
Pub. L. 109–177, title II, § 211, Mar. 9, 2006, 120 Stat.
230, provided that:
‘‘(a) IN GENERAL.—Section 60003 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law
103–322), is amended, as of the time of its enactment
[Sept. 13, 1994], by adding at the end the following:
‘‘ ‘(c) [Omitted, see below.]’.
‘‘(b) SEVERABILITY CLAUSE.—If any provision of section 60003(b)(2) of the Violent Crime and Law Enforcement Act of 1994 (Public Law 103–322) [repealed section
46503 of this title], or the application thereof to any
person or any circumstance is held invalid, the remainder of such section and the application of such section
to other persons or circumstances shall not be affected
thereby.’’
Pub. L. 103–322, title VI, § 60003(c), as added by Pub. L.
109–177, title II, § 211(a), Mar. 9, 2006, 120 Stat. 230, provided that:
‘‘(c) DEATH PENALTY PROCEDURES FOR CERTAIN PREVIOUS AIRCRAFT PIRACY VIOLATIONS.—An individual
convicted of violating section 46502 of title 49, United
States Code, or its predecessor, may be sentenced to
death in accordance with the procedures established in
chapter 228 of title 18, United States Code, if for any offense committed before the enactment of the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103–322) [Sept. 13, 1994], but after the enactment of
the Antihijacking Act of 1974 (Public Law 93–366) [Aug.
5, 1974], it is determined by the finder of fact, before
consideration of the factors set forth in sections
3591(a)(2) and 3592(a) and (c) of title 18, United States
Code, that one or more of the factors set forth in
former section 46503(c)(2) of title 49, United States
Code, or its predecessor, has been proven by the Gov-

Page 1006

ernment to exist, beyond a reasonable doubt, and that
none of the factors set forth in former section
46503(c)(1) of title 49, United States Code, or its predecessor, has been proven by the defendant to exist, by a
preponderance of the information. The meaning of the
term ‘especially heinous, cruel, or depraved’, as used in
the factor set forth in former section 46503(c)(2)(B)(iv)
of title 49, United States Code, or its predecessor, shall
be narrowed by adding the limiting language ‘in that it
involved torture or serious physical abuse to the victim’, and shall be construed as when that term is used
in section 3592(c)(6) of title 18, United States Code.’’
AIRCRAFT PIRACY
The United States is a party to the Convention for
the Suppression of Unlawful Seizure of Aircraft, signed
at The Hague, Dec. 16, 1970, entered into force as to the
United States, Oct. 14, 1971, 22 UST 1641.

§ 46503. Interference with security screening personnel
An individual in an area within a commercial
service airport in the United States who, by assaulting a Federal, airport, or air carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens the ability of the
employee to perform those duties, shall be fined
under title 18, imprisoned for not more than 10
years, or both. If the individual used a dangerous weapon in committing the assault or interference, the individual may be imprisoned for
any term of years or life imprisonment.
(Added Pub. L. 107–71, title I, § 114(a), Nov. 19,
2001, 115 Stat. 623.)
PRIOR PROVISIONS
A prior section 46503, Pub. L. 103–272, § 1(e), July 5,
1994, 108 Stat. 1242, provided for death penalty sentencing procedure for individuals convicted of aircraft piracy, prior to repeal by Pub. L. 103–322, title VI,
§ 60003(b)(2), Sept. 13, 1994, 108 Stat. 1970.

§ 46504. Interference with flight crew members
and attendants
An individual on an aircraft in the special aircraft jurisdiction of the United States who, by
assaulting or intimidating a flight crew member
or flight attendant of the aircraft, interferes
with the performance of the duties of the member or attendant or lessens the ability of the
member or attendant to perform those duties, or
attempts or conspires to do such an act, shall be
fined under title 18, imprisoned for not more
than 20 years, or both. However, if a dangerous
weapon is used in assaulting or intimidating the
member or attendant, the individual shall be
imprisoned for any term of years or for life.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1244;
Pub. L. 107–56, title VIII, § 811(i), Oct. 26, 2001, 115
Stat. 382.)
HISTORICAL AND REVISION NOTES
Revised
Section
46504 ..........

Source (U.S. Code)
49 App.:1472(j).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(j); added
Sept. 5, 1961, Pub. L.
87–197, § 1, 75 Stat. 466;
Oct. 14, 1970, Pub. L.
91–449, § 1(3), 84 Stat. 921.

The words ‘‘or threatens’’ are omitted as being included in ‘‘intimidating’’. The words ‘‘(including any

Page 1007

§ 46505

TITLE 49—TRANSPORTATION

steward or stewardess)’’ are omitted as being included
in ‘‘attendant’’. The words ‘‘fined under title 18’’ are
substituted for ‘‘fined not more than $10,000’’ for consistency with title 18. The words ‘‘deadly or’’ are omitted as surplus.

110 Stat. 1295; Pub. L. 107–56, title VIII, §§ 810(g),
811(j), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L.
107–71, title I, § 140(d)(8), Nov. 19, 2001, 115 Stat.
642.)
HISTORICAL AND REVISION NOTES

AMENDMENTS
2001—Pub. L. 107–56 inserted ‘‘or attempts or conspires to do such an act,’’ before ‘‘shall be fined under
title 18,’’.

Revised
Section

Source (U.S. Code)

46505(a) ......

49 App.:1472(l)(4).

46505(b) ......

49 App.:1472(l)(1).

46505(c) ......

49 App.:1472(l)(2).

46505(d) ......

49 App.:1472(l)(3).

§ 46505. Carrying a weapon or explosive on an
aircraft
(a) DEFINITION.—In this section, ‘‘loaded firearm’’ means a starter gun or a weapon designed
or converted to expel a projectile through an explosive, that has a cartridge, a detonator, or
powder in the chamber, magazine, cylinder, or
clip.
(b) GENERAL CRIMINAL PENALTY.—An individual shall be fined under title 18, imprisoned for
not more than 10 years, or both, if the individual—
(1) when on, or attempting to get on, an aircraft in, or intended for operation in, air
transportation or intrastate air transportation, has on or about the individual or the
property of the individual a concealed dangerous weapon that is or would be accessible
to the individual in flight;
(2) has placed, attempted to place, or attempted to have placed a loaded firearm on
that aircraft in property not accessible to passengers in flight; or
(3) has on or about the individual, or has
placed, attempted to place, or attempted to
have placed on that aircraft, an explosive or
incendiary device.
(c) CRIMINAL PENALTY INVOLVING DISREGARD
HUMAN LIFE.—An individual who willfully
and without regard for the safety of human life,
or with reckless disregard for the safety of
human life, violates subsection (b) of this section, shall be fined under title 18, imprisoned for
not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any
term of years or for life.
(d) NONAPPLICATION.—Subsection (b)(1) of this
section does not apply to—
(1) a law enforcement officer of a State or
political subdivision of a State, or an officer
or employee of the United States Government,
authorized to carry arms in an official capacity;
(2) another individual the Administrator of
the Federal Aviation Administration or the
Under Secretary of Transportation for Security by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; or
(3) an individual transporting a weapon (except a loaded firearm) in baggage not accessible to a passenger in flight if the air carrier
was informed of the presence of the weapon.
FOR

(e) CONSPIRACY.—If two or more persons conspire to violate subsection (b) or (c), and one or
more of such persons do any act to effect the object of the conspiracy, each of the parties to
such conspiracy shall be punished as provided in
such subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1244;
Pub. L. 104–132, title VII, § 705(b), Apr. 24, 1996,

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(l)(4);
added Feb. 18, 1980, Pub.
L. 96–193, § 502(c), 94 Stat.
59.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(l)(1);
added Sept. 5, 1961, Pub.
L. 87–197, § 1, 75 Stat. 466;
Aug. 5, 1974, Pub. L.
93–366, § 203, 88 Stat. 417;
restated Feb. 18, 1980, Pub.
L. 96–193, § 502(a), 94 Stat.
59; Oct. 12, 1984, Pub. L.
98–473, § 2014(c)(1), 98 Stat.
2189.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(l)(2);
added Sept. 5, 1961, Pub.
L. 87–197, § 1, 75 Stat. 466;
restated Aug. 5, 1974, Pub.
L. 93–366, § 203, 88 Stat. 418;
Oct. 12, 1984, Pub. L 98–473,
§ 2014(c)(2), 98 Stat. 2189.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(l)(3);
added Sept. 5, 1961, Pub.
L. 87–197, § 1, 75 Stat. 466;
restated Aug. 5, 1974, Pub.
L. 93–366, § 203, 88 Stat. 418;
Feb. 18, 1980, Pub. L.
96–193, § 502(b), 94 Stat. 59.

In subsection (a), the definition of ‘‘firearm’’ is
merged with the definition of ‘‘loaded firearm’’ because
the term ‘‘firearm’’ is only used in the defined term
‘‘loaded firearm’’.
In subsections (b) and (c), the words ‘‘fined under
title 18’’ are substituted for ‘‘fined not more than
$10,000’’ and ‘‘fined not more than $25,000’’ for consistency with title 18.
In subsections (b)(1) and (d)(2), the words ‘‘deadly or’’
are omitted as surplus.
In subsection (b)(2), the words ‘‘baggage or other’’ are
omitted as surplus.
In subsection (b)(3), the words ‘‘bomb or similar’’ are
omitted as surplus.
In subsection (d)(1), the words ‘‘State or political subdivision of a State’’ are substituted for ‘‘municipal or
State government’’ for consistency in the revised title
and with other titles of the United States Code. The
words ‘‘or required’’ are omitted as surplus.
In subsection (d)(3), the word ‘‘contained’’ is omitted
as surplus.
AMENDMENTS
2001—Subsec. (c). Pub. L. 107–56, § 810(g), substituted
‘‘20 years, or both, and, if death results to any person,
shall be imprisoned for any term of years or for life.’’
for ‘‘15 years, or both.’’
Subsec. (d)(2). Pub. L. 107–71, § 140(d)(8), inserted ‘‘or
the Under Secretary of Transportation for Security’’
after ‘‘Federal Aviation Administration’’.
Subsec. (e). Pub. L. 107–56, § 811(j), added subsec. (e).
1996—Subsec. (b). Pub. L. 104–132, § 705(b)(1), substituted ‘‘10 years’’ for ‘‘one year’’.
Subsec. (c). Pub. L. 104–132, § 705(b)(2), substituted ‘‘15
years’’ for ‘‘5 years’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic

§ 46506

TITLE 49—TRANSPORTATION

Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 46506. Application of certain criminal laws to
acts on aircraft
An individual on an aircraft in the special aircraft jurisdiction of the United States who commits an act that—
(1) if committed in the special maritime and
territorial jurisdiction of the United States
(as defined in section 7 of title 18) would violate section 113, 114, 661, 662, 1111, 1112, 1113, or
2111 or chapter 109A of title 18, shall be fined
under title 18, imprisoned under that section
or chapter, or both; or
(2) if committed in the District of Columbia
would violate section 9 of the Act of July 29,
1892 (D.C. Code § 22-1112), shall be fined under
title 18, imprisoned under section 9 of the Act,
or both.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1245.)
HISTORICAL AND REVISION NOTES
Revised
Section
46506 ..........

Source (U.S. Code)
49 App.:1472(k).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(k); added
Sept. 5, 1961, Pub. L.
87–197, § 1, 75 Stat. 466;
Oct. 14, 1970, Pub. L.
91–449, § 1(3), 84 Stat. 921;
Nov. 10, 1986, Pub. L.
99–646, § 87(d)(8), 100 Stat.
3624; Nov. 14, 1986, Pub. L.
99–654, § 3(b)(8), 100 Stat.
3664.

In clause (1), the words ‘‘fined under title 18, imprisoned under that section or chapter, or both’’ are substituted for ‘‘punished as provided therein’’ for consistency with title 18.
In clause (2), the words ‘‘fined under title 18, imprisoned under section 9 of the Act, or both’’ are substituted for ‘‘punished as provided therein’’ for consistency with title 18.
REFERENCES IN TEXT
Section 9 of the Act of July 29, 1892, referred to in
par. (2), is section 9 of act July 29, 1892, ch. 320, 27 Stat.
324, as amended, which is not classified to the Code.

§ 46507. False information and threats
An individual shall be fined under title 18, imprisoned for not more than 5 years, or both, if
the individual—
(1) knowing the information to be false, willfully and maliciously or with reckless disregard for the safety of human life, gives, or
causes to be given, under circumstances in
which the information reasonably may be believed, false information about an alleged attempt being made or to be made to do an act
that would violate section 46502(a), 46504, 46505,
or 46506 of this title; or
(2)(A) threatens to violate section 46502(a),
46504, 46505, or 46506 of this title, or causes a
threat to violate any of those sections to be
made; and
(B) has the apparent determination and will
to carry out the threat.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1245.)

Page 1008

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

46507 ..........

49 App.:1472(m).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(m);
added Sept. 5, 1961, Pub.
L. 87–197, § 1, 75 Stat. 467;
restated Oct. 12, 1984, Pub.
L. 98–473, § 2014(d)(1), 98
Stat. 2190.

In this section, before clause (1), the words ‘‘fined
under title 18’’ are substituted for ‘‘fined not more than
$25,000’’ for consistency with title 18. In clauses (1) and
(2), the words ‘‘a felony’’ are omitted as surplus. In
clause (1), the words ‘‘gives, or causes to be given’’ are
substituted for ‘‘imparts or conveys or causes to be imparted or conveyed’’ to eliminate unnecessary words.
The words ‘‘attempt or’’ are omitted as surplus. In
clause (2), the words ‘‘threatens . . . or causes a threat
. . . to be made’’ are substituted for ‘‘imparts or conveys or causes to be imparted or conveyed any threat’’
to eliminate unnecessary words.

PART B—AIRPORT DEVELOPMENT AND
NOISE
CHAPTER 471—AIRPORT DEVELOPMENT
SUBCHAPTER I—AIRPORT IMPROVEMENT
Sec.

47101.
47102.
47103.
47104.
47105.
47106.

47107.

47108.
47109.
47110.
47111.
47112.
47113.
47114.
47115.
47116.
47117.
47118.
47119.
47120.
47121.
47122.
47123.
47124.
47125.
47126.
47127.
47128.
47129.
47130.
47131.
[47132.
47133.
47134.
47135.
47136.

Policies.
Definitions.
National plan of integrated airport systems.
Project grant authority.
Project grant applications.
Project grant application approval conditioned on satisfaction of project requirements.
Project grant application approval conditioned on assurances about airport operations.
Project grant agreements.
United States Government’s share of project
costs.
Allowable project costs.
Payments under project grant agreements.
Carrying out airport development projects.
Minority and disadvantaged business participation.
Apportionments.
Discretionary fund.
Small airport fund.
Use of apportioned amounts.
Designating current and former military airports.
Terminal development costs.
Grant priority.
Records and audits.
Administrative.
Nondiscrimination.
Agreements for State and local operation of
airport facilities.
Conveyances of United States Government
land.
Criminal penalties for false statements.
Ground transportation demonstration projects.
State block grant program.
Resolution of airport-air carrier disputes concerning airport fees.
Airport safety data collection.
Annual report.
Repealed.]
Restriction on use of revenues.
Pilot program on private ownership of airports.
Innovative financing techniques.
Inherently low-emission airport vehicle pilot
program.

Page 1009

TITLE 49—TRANSPORTATION

Sec.

47137.
47138.
47139.
47140.
47141.
47142.

Airport security program.
Pilot program for purchase of airport development rights.
Emission credits for air quality projects.
Airport ground support equipment emissions
retrofit pilot program.
Compatible land use planning and projects by
State and local governments.
Design-build contracting.

SUBCHAPTER II—SURPLUS PROPERTY FOR
PUBLIC AIRPORTS
47151.
47152.
47153.

Authority to transfer an interest in surplus
property.
Terms of conveyances.
Waiving and adding terms.

SUBCHAPTER III—AVIATION DEVELOPMENT
STREAMLINING
47171.
47172.
47173.
47174.
47175.

Expedited, coordinated environmental review
process.
Air traffic procedures for airport capacity enhancement projects at congested airports.
Airport funding of FAA staff.
Authorization of appropriations.
Definitions.
AMENDMENTS

2003—Pub. L. 108–176, title I, §§ 152(b), 158(b), 159(a)(2),
160(b), 181(b), title III, § 304(b), Dec. 12, 2003, 117 Stat.
2507, 2509, 2510, 2513, 2515, 2538, added items 47138 to
47142, subchapter III heading, and items 47171 to 47175.
2000—Pub. L. 106–181, title I, §§ 123(a)(2), 132(b), 133(b),
134(b), 135(d)(4), Apr. 5, 2000, 114 Stat. 74, 81–83, 85,
struck out item 47132 ‘‘Pavement maintenance’’, added
items 47135 to 47137, and substituted ‘‘conveyances’’ for
‘‘gifts’’ in item 47152.
1996—Pub. L. 104–264, title I, §§ 142(c), 147(c)(2),
149(a)(2), title VIII, § 804(c), Oct. 9, 1996, 110 Stat. 3221,
3223, 3226, 3271, substituted ‘‘grant program’’ for ‘‘grant
pilot program’’ in item 47128 and added items 47132,
47133, and 47134.
1994—Pub. L. 103–305, title I, §§ 113(b), 118(b), Aug. 23,
1994, 108 Stat. 1579, 1580, added items 47129 and 47130 and
redesignated former item 47129 as 47131.

SUBCHAPTER I—AIRPORT IMPROVEMENT
§ 47101. Policies
(a) GENERAL.—It is the policy of the United
States—
(1) that the safe operation of the airport and
airway system is the highest aviation priority;
(2) that aviation facilities be constructed
and operated to minimize current and projected noise impact on nearby communities;
(3) to give special emphasis to developing reliever airports;
(4) that appropriate provisions should be
made to make the development and enhancement of cargo hub airports easier;
(5) to encourage the development of intermodal connections on airport property between aeronautical and other transportation
modes and systems to serve air transportation
passengers and cargo efficiently and effectively and promote economic development;
(6) that airport development projects under
this subchapter provide for the protection and
enhancement of natural resources and the
quality of the environment of the United
States;
(7) that airport construction and improvement projects that increase the capacity of facilities to accommodate passenger and cargo

§ 47101

traffic be undertaken to the maximum feasible
extent so that safety and efficiency increase
and delays decrease;
(8) to ensure that nonaviation usage of the
navigable airspace be accommodated but not
allowed to decrease the safety and capacity of
the airspace and airport system;
(9) that artificial restrictions on airport capacity—
(A) are not in the public interest;
(B) should be imposed to alleviate air traffic delays only after other reasonably available and less burdensome alternatives have
been tried; and
(C) should not discriminate unjustly between categories and classes of aircraft;
(10) that special emphasis should be placed
on converting appropriate former military air
bases to civil use and identifying and improving additional joint-use facilities;
(11) that the airport improvement program
should be administered to encourage projects
that employ innovative technology (including
integrated in-pavement lighting systems for
runways and taxiways and other runway and
taxiway incursion prevention devices), concepts, and approaches that will promote safety, capacity, and efficiency improvements in
the construction of airports and in the air
transportation system (including the development and use of innovative concrete and other
materials in the construction of airport facilities to minimize initial laydown costs, minimize time out of service, and maximize
lifecycle durability) and to encourage and solicit innovative technology proposals and activities in the expenditure of funding pursuant
to this subchapter;
(12) that airport fees, rates, and charges
must be reasonable and may only be used for
purposes not prohibited by this subchapter;
and
(13) that airports should be as self-sustaining
as possible under the circumstances existing
at each particular airport and in establishing
new fees, rates, and charges, and generating
revenues from all sources, airport owners and
operators should not seek to create revenue
surpluses that exceed the amounts to be used
for airport system purposes and for other purposes for which airport revenues may be spent
under section 47107(b)(1) of this title, including
reasonable reserves and other funds to facilitate financing and cover contingencies.
(b) NATIONAL TRANSPORTATION POLICY.—(1) It
is a goal of the United States to develop a national intermodal transportation system that
transports passengers and property in an efficient manner. The future economic direction of
the United States depends on its ability to confront directly the enormous challenges of the
global economy, declining productivity growth,
energy vulnerability, air pollution, and the need
to rebuild the infrastructure of the United
States.
(2) United States leadership in the world economy, the expanding wealth of the United States,
the competitiveness of the industry of the
United States, the standard of living, and the
quality of life are at stake.

§ 47101

TITLE 49—TRANSPORTATION

(3) A national intermodal transportation system is a coordinated, flexible network of diverse
but complementary forms of transportation that
transports passengers and property in the most
efficient manner. By reducing transportation
costs, these intermodal systems will enhance
the ability of the industry of the United States
to compete in the global marketplace.
(4) All forms of transportation, including aviation and other transportation systems of the future, will be full partners in the effort to reduce
energy consumption and air pollution while promoting economic development.
(5) An intermodal transportation system consists of transportation hubs that connect different forms of appropriate transportation and
provides users with the most efficient means of
transportation and with access to commercial
centers, business locations, population centers,
and the vast rural areas of the United States, as
well as providing links to other forms of transportation and to intercity connections.
(6) Intermodality and flexibility are paramount issues in the process of developing an integrated system that will obtain the optimum
yield of United States resources.
(7) The United States transportation infrastructure must be reshaped to provide the economic underpinnings for the United States to
compete in the 21st century global economy.
The United States can no longer rely on the
sheer size of its economy to dominate international economic rivals and must recognize
fully that its economy is no longer a separate
entity but is part of the global marketplace. The
future economic prosperity of the United States
depends on its ability to compete in an international marketplace that is teeming with competitors but in which a full one-quarter of the
economic activity of the United States takes
place.
(8) The United States must make a national
commitment to rebuild its infrastructure
through development of a national intermodal
transportation system. The United States must
provide the foundation for its industries to improve productivity and their ability to compete
in the global economy with a system that will
transport passengers and property in an efficient manner.
(c) CAPACITY EXPANSION AND NOISE ABATEMENT.—It is in the public interest to recognize
the effects of airport capacity expansion
projects on aircraft noise. Efforts to increase capacity through any means can have an impact
on surrounding communities. Noncompatible
land uses around airports must be reduced and
efforts to mitigate noise must be given a high
priority.
(d) CONSISTENCY WITH AIR COMMERCE AND
SAFETY POLICIES.—Each airport and airway program should be carried out consistently with
section 40101(a), (b), (d), and (f) of this title to
foster competition, prevent unfair methods of
competition in air transportation, maintain essential air transportation, and prevent unjust
and discriminatory practices, including as the
practices may be applied between categories and
classes of aircraft.
(e) ADEQUACY OF NAVIGATION AIDS AND AIRPORT
FACILITIES.—This subchapter should be carried

Page 1010

out to provide adequate navigation aids and airport facilities for places at which scheduled
commercial air service is provided. The facilities provided may include—
(1) reliever airports; and
(2) heliports designated by the Secretary of
Transportation to relieve congestion at commercial service airports by diverting aircraft
passengers from fixed-wing aircraft to helicopter carriers.
(f) MAXIMUM USE OF SAFETY FACILITIES.—This
subchapter should be carried out consistently
with a comprehensive airspace system plan, giving highest priority to commercial service airports, to maximize the use of safety facilities,
including installing, operating, and maintaining, to the extent possible with available money
and considering other safety needs—
(1) electronic or visual vertical guidance on
each runway;
(2) grooving or friction treatment of each
primary and secondary runway;
(3) distance-to-go signs for each primary and
secondary runway;
(4) a precision approach system, a vertical
visual guidance system, and a full approach
light system for each primary runway;
(5) a nonprecision instrument approach for
each secondary runway;
(6) runway end identifier lights on each runway that does not have an approach light system;
(7) a surface movement radar system at each
category III airport;
(8) a taxiway lighting and sign system;
(9) runway edge lighting and marking;
(10) radar approach coverage for each airport
terminal area; and
(11) runway and taxiway incursion prevention devices, including integrated in-pavement
lighting systems for runways and taxiways.
(g) INTERMODAL PLANNING.—To carry out the
policy of subsection (a)(5) of this section, the
Secretary of Transportation shall take each of
the following actions:
(1) COORDINATION IN DEVELOPMENT OF AIRPORT PLANS AND PROGRAMS.—Cooperate with
State and local officials in developing airport
plans and programs that are based on overall
transportation needs. The airport plans and
programs shall be developed in coordination
with other transportation planning and considering comprehensive long-range land-use
plans and overall social, economic, environmental, system performance, and energy conservation objectives. The process of developing
airport plans and programs shall be continuing, cooperative, and comprehensive to the degree appropriate to the complexity of the
transportation problems.
(2) GOALS FOR AIRPORT MASTER AND SYSTEM
PLANS.—Encourage airport sponsors and State
and local officials to develop airport master
plans and airport system plans that—
(A) foster effective coordination between
aviation planning and metropolitan planning;
(B) include an evaluation of aviation needs
within the context of multimodal planning;
and

Page 1011

(C) are integrated with metropolitan plans
to ensure that airport development proposals include adequate consideration of land
use and ground transportation access.
(3) REPRESENTATION OF AIRPORT OPERATORS
ON MPO’S.—Encourage metropolitan planning
organizations, particularly in areas with populations greater than 200,000, to establish membership positions for airport operators.
(h) CONSULTATION.—To carry out the policy of
subsection (a)(6) of this section, the Secretary of
Transportation shall consult with the Secretary
of the Interior and the Administrator of the Environmental Protection Agency about any
project included in a project grant application
involving the location of an airport or runway,
or a major runway extension, that may have a
significant effect on—
(1) natural resources, including fish and
wildlife;
(2) natural, scenic, and recreation assets;
(3) water and air quality; or
(4) another factor affecting the environment.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1246;
Pub. L. 103–305, title I, §§ 104, 110, Aug. 23, 1994,
108 Stat. 1571, 1573; Pub. L. 103–429, § 6(62), Oct.
31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I,
§ 141, Oct. 9, 1996, 110 Stat. 3220; Pub. L. 106–181,
title I, §§ 121(a), (b), 137(a), Apr. 5, 2000, 114 Stat.
74, 85.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
47101(a)(1) ..

Source (U.S. Code)
49 App.:2201(a)(1),
(2).

49 App.:2201(a)(9).

49 App.:2201(a)(10).

47101(a)(2) ..

49 App.:2201(a)(8).

47101(a)(3) ..
47101(a)(4) ..

49 App.:2201(a)(6).
49 App.:2201(a)(7).

47101(a)(5) ..

47101(a)(7) ..

49 App.:2201(b) (1st
sentence).
49 App.:2208(b)(5)
(1st sentence).
49 App.:2201(a)(11).

47101(a)(8) ..

49 App.:2201(a)(12).

47101(a)(6) ..

47101(a)(9) ..

§ 47101

TITLE 49—TRANSPORTATION

49 App.:2201(a)(13).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§§ 502(a)(1)–(3),
(6),
(b),
509(b)(5) (1st sentence, last
sentence words before 11th
comma), 96 Stat. 671, 672,
684.
Sept. 3, 1982, Pub. L. 97–248,
§ 502(a)(9), 96 Stat. 672;
Dec. 30, 1987, Pub. L.
100–223, § 102(b)(1), (c)(1),
101 Stat. 1487.
Sept. 3, 1982, Pub. L. 97–248,
§ 502(a)(10), 96 Stat. 672;
Dec. 30, 1987, Pub. L.
100–223, § 102(b)(1), (c)(2),
101 Stat. 1487.
Sept. 3, 1982, Pub. L. 97–248,
§ 502(a)(8), 96 Stat. 672;
Dec. 30, 1987, Pub. L.
100–223,
§ 102(b)(1),
101
Stat. 1487.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 502(a)(7);
added Dec. 30, 1987, Pub.
L. 100–223, § 102(b)(2), 101
Stat. 1487.

Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 502(a)(11);
added Dec. 30, 1987, Pub.
L. 100–223, § 102(c)(3), 101
Stat. 1488.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 502(a)(12);
added Dec. 30, 1987, Pub.
L. 100–223, § 102(c)(3), 101
Stat. 1488; Nov. 5, 1990,
Pub. L. 101–508, § 9109(a)(1),
104 Stat. 1388–356.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 502(a)(13);
added Dec. 30, 1987, Pub.
L. 100–223, § 102(c)(3), 101
Stat. 1488; Nov. 5, 1990,
Pub. L. 101–508, §§ 9103(2),
9109(a)(2),
104
Stat.
1388–354, 1388–356.

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47101(a)(10)

49 App.:2201(a)(14).

47101(b) ......

49 App.:2201(c).

47101(c) ......
47101(d) ......

49 App.:2201(d).
49 App.:2201(a)(5).

47101(e) ......

49 App.:2201(a)(3).
49 App.:2202(a)(20).

47101(f) .......

49 App.:2201(a)(4).

47101(g) ......

49 App.:2201(b) (2d,
last sentences).
49 App.:2208(b)(5)
(last sentence
words before 11th
comma).

47101(h) ......

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 502(a)(14);
added Nov. 5, 1990, Pub. L.
101–508,
§ 9109(a)(3),
104
Stat. 1388–356.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 502(c), (d);
added Oct. 31, 1992, Pub. L.
102–581, § 101, 106 Stat.
4875.
Sept. 3, 1982, Pub. L. 97–248,
§ 502(a)(5), 96 Stat. 671;
Nov. 5, 1990, Pub. L.
101–508, § 9103(1), 104 Stat.
1388–354.
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(20), 96 Stat. 674;
Dec. 30, 1987, Pub. L.
100–223,
§ 103(c)(1),
101
Stat. 1488.
Sept. 3, 1982, Pub. L. 97–248,
§ 502(a)(4), 96 Stat. 671;
Dec. 30, 1987, Pub. L.
100–223, § 102(a), 101 Stat.
1487.

In subsection (a), before clause (1), the text of 49
App.:2201(a)(2), (9), and (10) is omitted as executed. The
words ‘‘It is the policy of the United States’’ are substituted for ‘‘The Congress hereby . . . declares’’ in 49
App.:2201(a) (words before cl. (1)), ‘‘it is in the national
interest’’ in 49 App.:2201(a)(12), ‘‘are not in the public
interest and’’ in 49 App.:2201(a)(13), ‘‘It is declared to be
in the national interest to’’ in 49 App.:2201(b), and ‘‘It
is declared to be national policy that’’ in 49
App.:2208(b)(5) for consistency in the revised title and
with other titles of the United States Code. In clause
(1), the word ‘‘is’’ is substituted for ‘‘will continue to
be’’ to eliminate unnecessary words. In clause (2), the
words ‘‘with due regard’’ are omitted as surplus. In
clause (3), the words ‘‘reliever airports make an important contribution to the efficient operation of the airport and airway system’’ are omitted as executed. In
clause (4), the words ‘‘cargo hub airports play a critical
role in the movement of commerce through the airport
and airway system’’ are omitted as executed. In clause
(5), the words ‘‘and promote’’ are omitted as surplus.
In subsection (d), the word ‘‘to’’ is substituted for
‘‘with due regard for the goals expressed therein of’’ to
eliminate unnecessary words.
In subsection (e), before clause (1), the words ‘‘The facilities provided may include’’ are substituted for ‘‘including’’ because of the restatement. Clause (2) is substituted for ‘‘reliever heliports’’ to incorporate the definition of that term from 49 App.:2202(a)(19) into this
subsection.
In subsection (f), before clause (1), the words ‘‘the
goal of’’ are omitted as surplus.
In subsection (g), the words ‘‘formulated’’ and ‘‘due’’
are omitted as surplus. The words ‘‘process of developing airport plans and programs’’ are substituted for
‘‘process’’ for clarity.
PUB. L. 103–429
This amends 49:47101(a)(12) to translate a cross-reference to the Airport and Airway Improvement Act of
1982 (Public Law 97–248, 96 Stat. 671) to the corresponding cross-reference of title 49, United States Code.
AMENDMENTS
2000—Subsec. (a)(5). Pub. L. 106–181, § 137(a), amended
par. (5) generally. Prior to amendment, par. (5) read as
follows: ‘‘to encourage the development of transportation systems that use various modes of transpor-

§ 47102

TITLE 49—TRANSPORTATION

tation in a way that will serve the States and local
communities efficiently and effectively;’’.
Subsec. (a)(11). Pub. L. 106–181, § 121(a), inserted ‘‘(including integrated in-pavement lighting systems for
runways and taxiways and other runway and taxiway
incursion prevention devices)’’ after ‘‘employ innovative technology’’.
Subsec. (f)(11). Pub. L. 106–181, § 121(b), added par. (11).
1996—Subsec. (g). Pub. L. 104–264 substituted ‘‘INTERMODAL PLANNING’’ for ‘‘COOPERATION’’ in heading and
amended text generally. Prior to amendment, text read
as follows: ‘‘To carry out the policy of subsection (a)(5)
of this section, the Secretary of Transportation shall
cooperate with State and local officials in developing
airport plans and programs that are based on overall
transportation needs. The airport plans and programs
shall be developed in coordination with other transportation planning and considering comprehensive longrange land-use plans and overall social, economic, environmental, system performance, and energy conservation objectives. The process of developing airport plans
and programs shall be continuing, cooperative, and
comprehensive to the degree appropriate to the complexity of the transportation problems.’’
1994—Subsec. (a)(11). Pub. L. 103–305, § 104, added par.
(11).
Subsec. (a)(12). Pub. L. 103–429 substituted ‘‘subchapter’’ for ‘‘Act’’.
Pub. L. 103–305, § 110, added par. (12).
Subsec. (a)(13). Pub. L. 103–305, § 110, added par. (13).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
AVAILABILITY OF GATES AND OTHER ESSENTIAL
SERVICES
Pub. L. 106–181, title I, § 155(d), Apr. 5, 2000, 114 Stat.
89, provided that: ‘‘The Secretary [of Transportation]
shall ensure that gates and other facilities are made
available at costs that are fair and reasonable to air
carriers at covered airports (as defined in section
47106(f)(4) [47106(f)(3)] of title 49, United States Code)
where a ‘majority-in-interest clause’ of a contract or
other agreement or arrangement inhibits the ability of
the local airport authority to provide or build new
gates or other facilities.’’
CONSTRUCTION OF RUNWAYS
Pub. L. 106–181, title I, § 158, Apr. 5, 2000, 114 Stat. 90,
provided that: ‘‘Notwithstanding any provision of law
that specifically restricts the number of runways at a
single international airport, the Secretary [of Transportation] may obligate funds made available under
chapters 471 and 481 of title 49, United States Code, for
any project to construct a new runway at such airport,
unless this section is expressly repealed.’’
INNOVATIVE FINANCING TECHNIQUES
Pub. L. 104–264, title I, § 148, Oct. 9, 1996, 110 Stat. 3223,
authorized the Secretary of Transportation until Sept.
30, 1998, to carry out a demonstration program to provide information on the use of innovative financing

Page 1012

techniques for airport development projects to Congress and the National Civil Aviation Review Commission. See section 47135 of this title.
AUTHORITY TO CLOSE AIRPORT LOCATED NEAR CLOSED
OR REALIGNED MILITARY BASE
Section 1203 of Pub. L. 104–264 provided that: ‘‘Notwithstanding any other provision of a law, rule, or
grant assurance, an airport that is not a commercial
service airport may be closed by its sponsor without
any obligation to repay grants made under chapter 471
of title 49, United States Code, the Airport and Airway
Improvement Act of 1982 [see References in Text note
set out under section 47108 of this title], or any other
law if the airport is located within 2 miles of a United
States Army depot which has been closed or realigned;
except that in the case of disposal of the land associated with the airport, the part of the proceeds from the
disposal that is proportional to the Government’s share
of the cost of acquiring the land shall be paid to the
Secretary of Transportation for deposit in the Airport
and Airway Trust Fund established under section 9502
of the Internal Revenue Code of 1986 (26 U.S.C. 9502).’’
STUDY ON INNOVATIVE FINANCING
Section 520 of Pub. L. 103–305 provided that:
‘‘(a) STUDY.—The Secretary shall conduct a study on
innovative approaches for using Federal funds to finance airport development as a means of supplementing financing available under the Airport Improvement Program.
‘‘(b) MATTERS TO BE CONSIDERED.—In conducting the
study under subsection (a), the Secretary shall consider, at a minimum, the following:
‘‘(1) Mechanisms that will produce greater investments in airport development per dollar of Federal
expenditure.
‘‘(2) Approaches that would permit entering into
agreements with non-Federal entities, such as airport
sponsors, for the loan of Federal funds, guarantee of
loan repayment, or purchase of insurance or other
forms of enhancement for borrower debt, including
the use of unobligated Airport Improvement Program
contract authority and unobligated balances in the
Airport and Airway Trust Fund.
‘‘(3) Means to lower the cost of financing airport development.
‘‘(c) CONSULTATION.—In considering innovative financing pursuant to this section, the Secretary may
consult with airport owners and operators and public
and private sector experts.
‘‘(d) REPORT TO CONGRESS.—Not later than 12 months
after the date of the enactment of this Act [Aug. 23,
1994], the Secretary shall transmit to Congress a report
on the results of the study conducted under subsection
(a).’’

§ 47102. Definitions
In this subchapter—
(1) ‘‘air carrier airport’’ means a public airport regularly served by—
(A) an air carrier certificated by the Secretary of Transportation under section 41102
of this title (except a charter air carrier); or
(B) at least one air carrier—
(i) operating under an exemption from
section 41101(a)(1) of this title that the
Secretary grants; and
(ii) having at least 2,500 passenger boardings at the airport during the prior calendar year.
(2) ‘‘airport’’—
(A) means—
(i) an area of land or water used or intended to be used for the landing and taking off of aircraft;

Page 1013

TITLE 49—TRANSPORTATION

(ii) an appurtenant area used or intended
to be used for airport buildings or other
airport facilities or rights of way; and
(iii) airport buildings and facilities located in any of those areas; and
(B) includes a heliport.
(3) ‘‘airport development’’ means the following activities, if undertaken by the sponsor,
owner, or operator of a public-use airport:
(A) constructing, repairing, or improving a
public-use airport, including—
(i) removing, lowering, relocating, marking, and lighting an airport hazard; and
(ii) preparing a plan or specification, including carrying out a field investigation.
(B) acquiring for, or installing at, a publicuse airport—
(i) a navigation aid or another aid (including a precision approach system) used
by aircraft for landing at or taking off
from the airport, including preparing the
site as required by the acquisition or installation;
(ii) safety or security equipment, including explosive detection devices, universal
access systems, and emergency call boxes,
the Secretary requires by regulation for,
or approves as contributing significantly
to, the safety or security of individuals
and property at the airport and integrated
in-pavement lighting systems for runways
and taxiways and other runway and taxiway incursion prevention devices;
(iii) equipment to remove snow, to measure runway surface friction, or for aviation-related weather reporting, including
closed circuit weather surveillance equipment if the airport is located in Alaska;
(iv) firefighting and rescue equipment at
an airport that serves scheduled passenger
operations of air carrier aircraft designed
for more than 20 passenger seats;
(v) aircraft deicing equipment and structures (except aircraft deicing fluids and
storage facilities for the equipment and
fluids);
(vi) interactive training systems;
(vii) windshear detection equipment that
is certified by the Administrator of the
Federal Aviation Administration;
(viii) stainless steel adjustable lighting
extensions approved by the Administrator;
(ix) engineered materials arresting systems as described in the Advisory Circular
No. 150/5220–22 published by the Federal
Aviation Administration on August 21,
1998, including any revision to the circular;
and
(x) replacement of baggage conveyor systems, and reconfiguration of terminal baggage areas, that the Secretary determines
are necessary to install bulk explosive detection devices; except that such activities
shall be eligible for funding under this subchapter only using amounts apportioned
under section 47114.
(C) acquiring an interest in land or airspace, including land for future airport development, that is needed—

§ 47102

(i) to carry out airport development described in subclause (A) or (B) of this
clause; or
(ii) to remove or mitigate an existing
airport hazard or prevent or limit the creation of a new airport hazard.
(D) acquiring land for, or constructing, a
burn area training structure on or off the
airport to provide live fire drill training for
aircraft rescue and firefighting personnel required to receive the training under regulations the Secretary prescribes, including
basic equipment and minimum structures to
support the training under standards the Administrator of the Federal Aviation Administration prescribes.
(E) relocating after December 31, 1991, an
air traffic control tower and any navigational aid (including radar) if the relocation
is necessary to carry out a project approved
by the Secretary under this subchapter or
under section 40117.
(F) constructing, reconstructing, repairing, or improving an airport, or purchasing
capital equipment for an airport, if necessary for compliance with the responsibilities of the operator or owner of the airport
under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), the Clean Air
Act (42 U.S.C. 7401 et seq.), and the Federal
Water Pollution Control Act (33 U.S.C. 1251
et seq.), except constructing or purchasing
capital equipment that would benefit primarily a revenue-producing area of the airport used by a nonaeronautical business.
(G) acquiring land for, or work necessary
to construct, a pad suitable for deicing aircraft before takeoff at a commercial service
airport, including constructing or reconstructing paved areas, drainage collection
structures, treatment and discharge systems, appropriate lighting, paved access for
deicing vehicles and aircraft, but not including acquiring aircraft deicing fluids or constructing or reconstructing storage facilities
for aircraft deicing equipment or fluids.
(H) routine work to preserve and extend
the useful life of runways, taxiways, and
aprons at nonhub airports and airports that
are not primary airports, under guidelines
issued by the Administrator of the Federal
Aviation Administration.
(I) constructing, reconstructing, or improving an airport, or purchasing nonrevenue generating capital equipment to be
owned by an airport, for the purpose of
transferring passengers, cargo, or baggage
between the aeronautical and ground transportation modes on airport property.
(J) constructing an air traffic control
tower or acquiring and installing air traffic
control, communications, and related equipment at an air traffic control tower under
the terms specified in section 47124(b)(4).
(K) work necessary to construct or modify
airport facilities to provide low-emission
fuel systems, gate electrification, and other
related air quality improvements at a commercial service airport if the airport is located in an air quality nonattainment or
maintenance area (as defined in sections

§ 47102

TITLE 49—TRANSPORTATION

171(2) and 175A of the Clean Air Act (42
U.S.C. 7501(2); 7505a) 1 and if such project will
result in an airport receiving appropriate
emission credits, as described in section
47139.
(L) a project for the acquisition or conversion of vehicles and ground support equipment, owned by a commercial service airport, to low-emission technology, if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42
U.S.C. 7501(2); 7505a) 1 and if such project will
result in an airport receiving appropriate
emission credits as described in section
47139.
(4) ‘‘airport hazard’’ means a structure or object of natural growth located on or near a
public-use airport, or a use of land near the
airport, that obstructs or otherwise is hazardous to the landing or taking off of aircraft at
or from the airport.
(5) ‘‘airport planning’’ means planning as defined by regulations the Secretary prescribes
and includes integrated airport system planning.
(6) ‘‘amount made available under section
48103’’ or ‘‘amount newly made available’’
means the amount authorized for grants under
section 48103 as that amount may be limited in
that year by a subsequent law, but as determined without regard to grant obligation recoveries made in that year or amounts covered
by section 47107(f).
(7) ‘‘commercial service airport’’ means a
public airport in a State that the Secretary
determines has at least 2,500 passenger boardings each year and is receiving scheduled passenger aircraft service.
(8) ‘‘integrated airport system planning’’
means developing for planning purposes information and guidance to decide the extent,
kind, location, and timing of airport development needed in a specific area to establish a
viable, balanced, and integrated system of
public-use airports, including—
(A) identifying system needs;
(B) developing an estimate of systemwide
development costs;
(C) conducting studies, surveys, and other
planning actions, including those related to
airport access, needed to decide which aeronautical needs should be met by a system of
airports; and
(D) standards prescribed by a State, except
standards for safety of approaches, for airport development at nonprimary public-use
airports.
(9) ‘‘landed weight’’ means the weight of aircraft transporting only cargo in intrastate,
interstate, and foreign air transportation, as
the Secretary determines under regulations
the Secretary prescribes.
(10) ‘‘large hub airport’’ means a commercial
service airport that has at least 1.0 percent of
the passenger boardings.
(11) ‘‘low-emission technology’’ means technology for vehicles and equipment whose emis1 So in original. There probably should be a second closing parenthesis.

Page 1014

sion performance is the best achievable under
emission standards established by the Environmental Protection Agency and that relies
exclusively on alternative fuels that are substantially nonpetroleum based, as defined by
the Department of Energy, but not excluding
hybrid systems or natural gas powered vehicles.
(12) ‘‘medium hub airport’’ means a commercial service airport that has at least 0.25 percent but less than 1.0 percent of the passenger
boardings.
(13) ‘‘nonhub airport’’ means a commercial
service airport that has less than 0.05 percent
of the passenger boardings.
(14) ‘‘passenger boardings’’—
(A) means, unless the context indicates
otherwise, revenue passenger boardings in
the United States in the prior calendar year
on an aircraft in service in air commerce, as
the Secretary determines under regulations
the Secretary prescribes; and
(B) includes passengers who continue on an
aircraft in international flight that stops at
an airport in the 48 contiguous States, Alaska, or Hawaii for a nontraffic purpose.
(15) ‘‘primary airport’’ means a commercial
service airport the Secretary determines to
have more than 10,000 passenger boardings
each year.
(16) ‘‘project’’ means a project, separate
projects included in one project grant application, or all projects to be undertaken at an
airport in a fiscal year, to achieve airport development or airport planning.
(17) ‘‘project cost’’ means a cost involved in
carrying out a project.
(18) ‘‘project grant’’ means a grant of money
the Secretary makes to a sponsor to carry out
at least one project.
(19) ‘‘public agency’’ means—
(A) a State or political subdivision of a
State;
(B) a tax-supported organization; or
(C) an Indian tribe or pueblo.
(20) ‘‘public airport’’ means an airport used
or intended to be used for public purposes—
(A) that is under the control of a public
agency; and
(B) of which the area used or intended to
be used for the landing, taking off, or surface maneuvering of aircraft is publicly
owned.
(21) ‘‘public-use airport’’ means—
(A) a public airport; or
(B) a privately-owned airport used or intended to be used for public purposes that
is—
(i) a reliever airport; or
(ii) determined by the Secretary to have
at least 2,500 passenger boardings each
year and to receive scheduled passenger
aircraft service.
(22) ‘‘reliever airport’’ means an airport the
Secretary designates to relieve congestion at a
commercial service airport and to provide
more general aviation access to the overall
community.
(23) ‘‘small hub airport’’ means a commercial service airport that has at least 0.05 per-

Page 1015

TITLE 49—TRANSPORTATION

cent but less than 0.25 percent of the passenger
boardings.
(24) ‘‘sponsor’’ means—
(A) a public agency that submits to the
Secretary under this subchapter an application for financial assistance; and
(B) a private owner of a public-use airport
that submits to the Secretary under this
subchapter an application for financial assistance for the airport.
(25) ‘‘State’’ means a State of the United
States, the District of Columbia, Puerto Rico,
the Virgin Islands, American Samoa, the
Northern Mariana Islands, the Trust Territory
of the Pacific Islands, and Guam.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1248;
Pub. L. 103–305, title I, § 105, Aug. 23, 1994, 108
Stat. 1572; Pub. L. 104–264, title I, § 142(b)(1), Oct.
9, 1996, 110 Stat. 3221; Pub. L. 106–181, title I,
§§ 121(c), 122, 123(b), 137(b), title V, § 514(a), Apr. 5,
2000, 114 Stat. 74, 75, 85, 144; Pub. L. 107–71, title
I, § 119(a)(1), (5), Nov. 19, 2001, 115 Stat. 628, 629;
Pub. L. 108–7, div. I, title III, § 370(a), Feb. 20,
2003, 117 Stat. 424; Pub. L. 108–176, title I, §§ 141,
142, 159(b)(1), (d), title VIII, § 801(a), Dec. 12, 2003,
117 Stat. 2503, 2510, 2511, 2586.)
HISTORICAL AND REVISION NOTES
Revised
Section
47102(1) ......
47102(2) ......

Source (U.S. Code)
(no source).
49 App.:2202(a)(1).

49 App.:2202(a)(21).

47102(3) ......

49 App.:2202(a)(2).

47102(4) ......

49 App.:2202(a)(3).

47102(5)
47102(6)
47102(7)
47102(8)
47102(9)

49
49
49
49
49

......
......
......
......
......

App.:2202(a)(4).
App.:2202(b).
App.:2202(a)(5).
App.:2202(a)(7).
App.:2202(a)(9).

47102(10) .....

49 App.:2202(a)(10).

47102(11) .....

49 App.:2202(a)(12).

47102(12)
47102(13)
47102(14)
47102(15)
47102(16)

.....
.....
.....
.....
.....

49
49
49
49
49

47102(17)
47102(18)
47102(19)
47102(20)

.....
.....
.....
.....

Source (Statutes at Large)

Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(1), 96 Stat. 672;
Dec. 30, 1987, Pub. L.
100–223, § 103(a), 101 Stat.
1488.
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(13)–(19), (21)–(23), 96
Stat. 673, 674; Dec. 30, 1987,
Pub. L. 100–223, § 103(c)(1),
101 Stat. 1488.
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(2), 96 Stat. 672;
Dec. 30, 1987, Pub. L.
100–223, § 103(b), 101 Stat.
1488; Nov. 5, 1990, Pub. L.
101–508, § 9102, 104 Stat.
1388–354; Oct. 31, 1992, Pub.
L. 102–581, § 112(a), (b), 106
Stat. 4880.
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(3)–(5), (7), (8), (b),
96 Stat. 673, 674.

Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 503(a)(9);
added Dec. 30, 1987, Pub.
L. 100–223, § 103(c)(2), 101
Stat. 1488.
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(10), 96 Stat. 673;
Dec. 30, 1987, Pub. L.
100–223, § 103(c)(1), (d), 101
Stat. 1488; Oct. 31, 1992,
Pub. L. 102–581, § 115, 106
Stat. 4881.
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(12), 96 Stat. 673;
Dec. 30, 1987, Pub. L.
100–223, § 103(c)(1), (e), 101
Stat. 1488.

App.:2202(a)(13).
App.:2202(a)(14).
App.:2202(a)(15).
App.:2202(a)(16).
App.:2202(a)(8),
(17).
49 App.:2202(a)(18).
49 App.:2202(a)(19).
49 App.:2202(a)(22).
49 App.:2202(a)(23).

In this section, before clause (1), the words ‘‘In this
subchapter’’ are substituted for ‘‘As used in this chapter’’ and ‘‘Whenever in this chapter reference is made

§ 47102

to . . . such reference shall mean’’ for consistency in
the revised title and with other titles of the United
States Code and to eliminate unnecessary words.
Clause (1) restates the definition of ‘‘air carrier airport’’ that was contained in section 11(1) of the Airport
and Airway Development Act of 1970 as in effect both
on February 18, 1980, and immediately before September 3, 1982. The clause is added to this section to eliminate the cross-references to definitions in section 11 of
the Airport and Airway Development Act of 1970 that
are contained in the source provisions restated in sections 47106(d) and 47119(a) of the revised title. Because
some of the terms used in the definition of ‘‘air carrier
airport’’ were themselves defined in section 11, the definitions of those terms are incorporated in the definition added in clause (1) to the extent they differ from
the definitions of those terms restated in this section.
The words ‘‘Secretary of Transportation’’ and ‘‘Secretary’’ are substituted for ‘‘Civil Aeronautics Board’’
because of the transfer of authority under 49
App.:1551(b)(1)(E).
In clause (2), before subclause (A), the text of 49
App.:2202(a)(21) is omitted as surplus because the complete name of the Secretary of Transportation is used
the first time the term appears in a section. In subclause (A)(iii), the words ‘‘those areas’’ are substituted
for ‘‘thereon’’ for clarity.
In clause (3)(A), before subclause (i), the words ‘‘any
work involved in’’ and ‘‘or portion thereof’’ are eliminated as unnecessary. The word ‘‘reconstructing’’ is
omitted as being included in ‘‘constructing’’. In subclause (ii), the words ‘‘carrying out a field investigation’’ are substituted for ‘‘field investigations incidental thereto’’ for clarity.
In clause (3)(B), before subclause (i), the word ‘‘for’’ is
substituted for ‘‘by’’ for clarity. In subclause (i), the
words ‘‘required by the acquisition or installation’’ are
substituted for ‘‘thereby required’’ for clarity. In subclause (ii), the word ‘‘individuals’’ is substituted for
‘‘persons’’ for clarity and consistency in the revised
title and with other titles of the Code.
In clause (3)(C), before subclause (i), the words ‘‘interest in land or airspace’’ are substituted for ‘‘land or of
any interest therein, or of any easement through or
other interest in airspace’’ to eliminate unnecessary
words. In subclause (ii), the words ‘‘existing airport
hazard . . . the creation of a new airport hazard’’ are
added for clarity and consistency in this chapter.
In clause (3)(D), the words ‘‘any . . . work involved
to’’ are omitted as surplus. The word ‘‘Secretary’’ is
substituted for ‘‘Department of Transportation’’ because of 49:102(b). The words ‘‘Administrator of the’’
are added because of 49:106(b).
In clause (4), the word ‘‘near’’ is substituted for ‘‘in
the vicinity of’’ to eliminate unnecessary words. The
words ‘‘obstructs or otherwise is hazardous to the landing or taking off’’ are substituted for ‘‘obstructs the
airspace required for the flight of aircraft in landing or
taking off . . . or is otherwise hazardous to such landing or taking off’’ for clarity and to eliminate unnecessary words.
In clause (6), the words ‘‘for a fiscal year . . . for that
fiscal year’’ are omitted as surplus. The words ‘‘authorized for grants’’ are substituted for ‘‘made available for
obligation’’ for clarity and consistency. The word
‘‘law’’ is substituted for ‘‘Act of Congress’’ for consistency in the revised title and with other titles of the
Code. The words ‘‘or limited’’ are omitted as surplus.
In clause (8), before subclause (A), the words ‘‘the initial as well as continuing’’ and ‘‘nature’’ are omitted as
surplus. In subclause (C), the words ‘‘needed to decide
which aeronautical needs should be met’’ are substituted for ‘‘as may be necessary to determine the
short-, intermediate-, and long-range aeronautical demands required to be met’’ for clarity and to eliminate
unnecessary words. The word ‘‘particular’’ is eliminated as unnecessary. In subclause (D), the word ‘‘prescribed’’ is substituted for ‘‘the establishment . . . of’’
for consistency in the revised title and with other titles
of the Code.

§ 47102

TITLE 49—TRANSPORTATION

In clause (9), the words ‘‘scheduled and nonscheduled’’ are omitted as surplus. The word ‘‘cargo’’ is
substituted for ‘‘property (including mail)’’ for consistency in the revised title.
In clause (10), before subclause (A), the words ‘‘passenger boardings’’ are substituted for ‘‘passengers enplaned’’ for clarity. In subclause (A), the words ‘‘domestic, territorial, and international’’, ‘‘in the States’’,
‘‘scheduled and nonscheduled’’, and ‘‘intrastate, interstate, and foreign’’ are omitted as surplus. In subclause
(B), the words ‘‘who continue on an aircraft in’’ are
substituted for ‘‘on board’’ for clarity. (See Cong. Rec.,
pp. S15296, 15297, Oct. 28, 1987, daily ed.). The words
‘‘that stops’’ are substituted for ‘‘which transit’’ for
clarity. The word ‘‘located’’ is omitted as surplus.
In clause (12), the words ‘‘included in one project
grant application’’ are substituted for ‘‘submitted together’’, and the words ‘‘or all projects to be undertaken’’ are substituted for ‘‘including the combined
submission of all projects’’, for clarity and consistency
in this chapter.
In clause (15)(A), the words ‘‘or any agency of a State,
a municipality . . . other’’ are omitted as surplus.
In clause (19)(A), the words ‘‘either individually or
jointly with one or more other public agencies’’ are
omitted as surplus.
In clause (20), the words ‘‘the Commonwealth of’’ and
‘‘the Government of’’ are omitted as surplus.
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred
to in par. (3)(F), is Pub. L. 101–336, July 26, 1990, 104
Stat. 327, which is classified principally to chapter 126
(§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 12101
of Title 42 and Tables.
The Clean Air Act, referred to in par. (3)(F), is act
July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
classified generally to chapter 85 (§ 7401 et seq.) of Title
42. For complete classification of this Act to the Code,
see Short Title note set out under section 7401 of Title
42 and Tables.
The Federal Water Pollution Control Act, referred to
in par. (3)(F), is act June 30, 1948, ch. 758, as amended
generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816,
which is classified generally to chapter 26 (§ 1251 et seq.)
of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short
Title note set out under section 1251 of Title 33 and
Tables.
AMENDMENTS
2003—Par. (3)(B)(x). Pub. L. 108–176, § 142, inserted
‘‘; except that such activities shall be eligible for funding under this subchapter only using amounts apportioned under section 47114’’ before period at end.
Par. (3)(H). Pub. L. 108–176, § 141, inserted ‘‘nonhub
airports and’’ before ‘‘airports that are not primary airports’’.
Par. (3)(J). Pub. L. 108–176, § 159(b)(1)(A), redesignated
subpar. (M) as (J) and struck out former subpar. (J)
which read as follows: ‘‘in fiscal year 2002, any additional security related activity required by law or by
the Secretary after September 11, 2001, and before October 1, 2002.’’
Par. (3)(K), (L). Pub. L. 108–176, § 159(b)(1), added subpars. (K) and (L) and struck out former subpars. (K) and
(L) which read as follows:
‘‘(K) in fiscal year 2002 with respect to funds apportioned under section 47114 in fiscal years 2001 and 2002,
any activity, including operational activities, of an airport that is not a primary airport if that airport is located within the confines of enhanced class B airspace,
as defined by Notice to Airmen FDC 1/0618 issued by the
Federal Aviation Administration and the activity was
carried out when any restriction in the Notice is in effect.
‘‘(L) in fiscal year 2002, payments for debt service on
indebtedness incurred to carry out a project at an air-

Page 1016

port owned or controlled by the sponsor or at a privately owned or operated airport passenger terminal financed by indebtedness incurred by the sponsor if the
Secretary determines that such payments are necessary to prevent a default on the indebtedness.’’
Par. (3)(M). Pub. L. 108–176, § 159(b)(1)(A), redesignated
subpar. (M) as (J).
Pub. L. 108–7 added subpar. (M).
Par. (6). Pub. L. 108–176, § 801(a)(6), added par. (6) and
struck out former par. (6) which read as follows:
‘‘ ‘amount made available under section 48103 of this
title’ means the amount authorized for grants under
section 48103 of this title as reduced by any law enacted
after September 3, 1982.’’
Par. (10). Pub. L. 108–176, § 801(a)(5), added par. (10).
Former par. (10) redesignated (14).
Par. (10)(A), (B). Pub. L. 108–176, § 801(a)(3), added subpars. (A) and (B) and struck out former subpars. (A) and
(B) which read as follows:
‘‘(A) means revenue passenger boardings on an aircraft in service in air commerce as the Secretary determines under regulations the Secretary prescribes; and
‘‘(B) includes passengers who continue on an aircraft
in international flight that stops at an airport in the 48
contiguous States, Alaska, or Hawaii for a nontraffic
purpose.’’
Par. (11). Pub. L. 108–176, § 159(d), amended section as
amended by Pub. L. 108–176, § 801, by adding par. (11).
Pub. L. 108–176, § 801(a)(4), redesignated par. (11) as
(15).
Pars. (12) to (18). Pub. L. 108–176, § 801(a)(4), (5), added
pars. (12) and (13) and redesignated pars. (10) to (14) as
(14) to (18), respectively. Former pars. (15) to (18) redesignated (19) to (22), respectively.
Pars. (19), (20). Pub. L. 108–176, § 801(a)(4), redesignated
pars. (15) and (16) as (19) and (20), respectively. Former
pars. (19) and (20) redesignated (24) and (25), respectively.
Pars. (21) and (22). Pub. L. 108–176, § 801(a)(4), redesignated pars. (17) and (18) as pars. (21) and (22), respectively.
Par. (23). Pub. L. 108–176, § 801(a)(2), added par. (23).
Pars. (24), (25). Pub. L. 108–176, § 801(a)(1), redesignated
pars. (19) and (20) as (24) and (25), respectively.
2001—Par. (3)(B)(x). Pub. L. 107–71, § 119(a)(5), added cl.
(x).
Par. (3)(J) to (L). Pub. L. 107–71, § 119(a)(1), added subpars. (J) to (L).
2000—Par. (3)(B)(ii). Pub. L. 106–181, § 121(c)(1), substituted ‘‘, universal access systems, and emergency
call boxes,’’ for ‘‘and universal access systems,’’ and inserted ‘‘and integrated in-pavement lighting systems
for runways and taxiways and other runway and taxiway incursion prevention devices’’ before semicolon at
end.
Par. (3)(B)(iii). Pub. L. 106–181, § 121(c)(2), inserted before semicolon at end ‘‘, including closed circuit weather surveillance equipment if the airport is located in
Alaska’’.
Par. (3)(B)(vii), (viii). Pub. L. 106–181, § 122, added cls.
(vii) and (viii).
Par. (3)(B)(ix). Pub. L. 106–181, § 514(a), added cl. (ix).
Par. (3)(H). Pub. L. 106–181, § 123(b), added subpar. (H).
Par. (3)(I). Pub. L. 106–181, § 137(b), added subpar. (I).
1996—Par. (3)(E). Pub. L. 104–264, § 142(b)(1)(A), inserted ‘‘or under section 40117’’ before period at end.
Par. (3)(F). Pub. L. 104–264, § 142(b)(1)(B), struck out
‘‘paid for by a grant under this subchapter and’’ after
‘‘airport, if’’.
1994—Par. (3)(B)(ii). Pub. L. 103–305 inserted
‘‘, including explosive detection devices and universal
access systems,’’ after ‘‘or security equipment’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of

Page 1017

§ 47104

TITLE 49—TRANSPORTATION

Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.
GUIDANCE
Pub. L. 108–176, title I, § 159(b)(2), Dec. 12, 2003, 117
Stat. 2510, provided that:
‘‘(A) ELIGIBLE LOW-EMISSION MODIFICATIONS AND IMPROVEMENTS.—The Secretary of Transportation, in consultation with the Administrator of the Environmental
Protection Agency, shall issue guidance describing eligible low-emission modifications and improvements,
and stating how airport sponsors will demonstrate benefits, under section 47102(3)(K) of title 49, United States
Code, as added by this subsection.
‘‘(B) ELIGIBLE LOW-EMISSION VEHICLE TECHNOLOGY.—
The Secretary, in consultation with the Administrator,
shall issue guidance describing eligible low-emission
vehicle technology, and stating how airport sponsors
will demonstrate benefits, under section 47102(3)(L) of
title 49, United States Code, as added by this subsection.’’

§ 47103. National plan of integrated airport systems
(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—The Secretary of Transportation shall
maintain the plan for developing public-use airports in the United States, named ‘‘the national
plan of integrated airport systems’’. The plan
shall include the kind and estimated cost of eligible airport development the Secretary of
Transportation considers necessary to provide a
safe, efficient, and integrated system of publicuse airports adequate to anticipate and meet the
needs of civil aeronautics, to meet the national
defense requirements of the Secretary of Defense, and to meet identified needs of the United
States Postal Service. Airport development included in the plan may not be limited to meeting the needs of any particular classes or categories of public-use airports. In maintaining
the plan, the Secretary of Transportation shall
consider the needs of each segment of civil aviation and the relationship of each airport to—
(1) the rest of the transportation system in
the particular area;
(2) forecasted technological developments in
aeronautics; and
(3) forecasted developments in other modes
of intercity transportation.
(b) SPECIFIC REQUIREMENTS.—In maintaining
the plan, the Secretary of Transportation
shall—
(1) to the extent possible and as appropriate,
consult with departments, agencies, and instrumentalities of the United States Government, with public agencies, and with the aviation community;
(2) consider tall structures that reduce safety or airport capacity; and

(3) make every reasonable effort to address
the needs of air cargo operations, Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations, and rotary wing aircraft operations.
(c) AVAILABILITY OF DOMESTIC MILITARY AIRPORTS AND AIRPORT FACILITIES.—To the extent
possible, the Secretary of Defense shall make
domestic military airports and airport facilities
available for civil use. In advising the Secretary
of Transportation under subsection (a) of this
section, the Secretary of Defense shall indicate
the extent to which domestic military airports
and airport facilities are available for civil use.
(d) PUBLICATION.—The Secretary of Transportation shall publish the status of the plan every
2 years.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1251.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47103(a) ......

49 App.:2203(a)(1)
(2d–last sentences).

47103(b) ......

49 App.:2203(a)(2).

49 App.:2203(c).
47103(c) ......

49 App.:2203(d)(1).

47103(d) ......

49 App.:2203(a)(1)
(1st sentence).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 504(a)(1), 96 Stat. 675;
Dec. 30, 1987, Pub. L.
100–223, § 104(a)(1)(A), (2),
101 Stat. 1489.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 504(a)(2);
added Dec. 30, 1987, Pub.
L. 100–223, § 104(a)(1)(B),
101 Stat. 1489.
Sept. 3, 1982, Pub. L. 97–248,
§ 504(c), 96 Stat. 676.
Sept. 3, 1982, Pub. L. 97–248,
§ 504(d)(1), 96 Stat. 676;
Dec. 30, 1987, Pub. L.
100–223,
§ 104(b)(2),
101
Stat. 1489.

In subsection (a), before clause (1), the words ‘‘shall
maintain’’ and ‘‘In maintaining’’ are substituted for
‘‘In reviewing and revising’’ for clarity and consistency
in the revised title. The word ‘‘named’’ is substituted
for ‘‘After September 3, 1982, the revised national airport system plan shall be known as’’, and the words
‘‘the national defense requirements of the Secretary of
Defense’’ are substituted for ‘‘requirements in support
of the national defense as determined by the Secretary
of Defense’’, to eliminate unnecessary words. The words
‘‘included in the plan may not be limited to meeting
the needs of any particular’’ are substituted for ‘‘identified by this plan shall not be limited to the requirements of any’’ for clarity and consistency in this section. The words ‘‘among other things’’ are omitted as
surplus.
In subsection (b), before clause (1), the words ‘‘In
maintaining’’ are substituted for ‘‘In reviewing and revising’’ for consistency in this section. In clause (1), the
words ‘‘departments, agencies, and instrumentalities of
the United States Government’’ are substituted for
‘‘Federal . . . agencies’’ for consistency in the revised
title and with other titles of the United States Code. In
clauses (2) and (3), the words ‘‘As soon as feasible following December 30, 1987’’ are omitted as obsolete. In
clause (3), the word ‘‘legitimate’’ is omitted as surplus.
In subsection (c), the words ‘‘Secretary of Defense’’
are substituted for ‘‘Department of Defense’’ because of
10:133.
In subsection (d), the words ‘‘Not later than two
years after September 3, 1982’’ are omitted as executed.

§ 47104. Project grant authority
(a) GENERAL AUTHORITY.—To maintain a safe
and efficient nationwide system of public-use
airports that meets the present and future needs

§ 47104

TITLE 49—TRANSPORTATION

of civil aeronautics, the Secretary of Transportation may make project grants under this subchapter from the Airport and Airway Trust
Fund.
(b) INCURRING OBLIGATIONS.—The Secretary
may incur obligations to make grants from
amounts made available under section 48103 of
this title as soon as the amounts are apportioned under section 47114(c) and (d)(2) of this
title.
(c) EXPIRATION OF AUTHORITY.—After March 31,
2010, the Secretary may not incur obligations
under subsection (b) of this section, except for
obligations of amounts—
(1) remaining available after that date under
section 47117(b) of this title; or
(2) recovered by the United States Government from grants made under this chapter if
the amounts are obligated only for increases
under section 47108(b)(2) and (3) of this title in
the maximum amount of obligations of the
Government for any other grant made under
this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1252;
Pub. L. 103–305, title I, § 101(b), Aug. 23, 1994, 108
Stat. 1571; Pub. L. 103–429, § 6(63), Oct. 31, 1994,
108 Stat. 4385; Pub. L. 104–264, title I, § 101(b),
Oct. 9, 1996, 110 Stat. 3216; Pub. L. 105–277, div. C,
title I, § 110(b)(2), Oct. 21, 1998, 112 Stat. 2681–587;
Pub. L. 106–6, § 2(b), Mar. 31, 1999, 113 Stat. 10;
Pub. L. 106–31, title VI, § 6002(b), May 21, 1999, 113
Stat. 113; Pub. L. 106–59, § 1(b), Sept. 29, 1999, 113
Stat. 482; Pub. L. 106–181, title I, § 101(b), Apr. 5,
2000, 114 Stat. 65; Pub. L. 108–176, title I, § 101(b),
Dec. 12, 2003, 117 Stat. 2494; Pub. L. 110–190, § 4(b),
Feb. 28, 2008, 122 Stat. 644; Pub. L. 110–253, § 4(b),
June 30, 2008, 122 Stat. 2418; Pub. L. 110–330,
§ 4(b), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12,
§ 4(b), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69,
§ 4(b), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116,
§ 4(b), Dec. 16, 2009, 123 Stat. 3032.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
47104(a) ......

Source (U.S. Code)
49 App.:2202(a)(24).

49 App.:2204(a) (1st
sentence).
47104(b) ......

47104(c) ......

49 App.:2204(b)(1)
(1st sentence).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(24), 96 Stat. 674;
Dec. 30, 1987, Pub. L.
100–223,
§ 103(c)(1),
101
Stat. 1488.
Sept. 3, 1982, Pub. L. 97–248,
§ 505(a) (1st sentence), 96
Stat. 676.
Sept. 3, 1982, Pub. L. 97–248,
§ 505(b)(1), 96 Stat. 677;
Nov. 5, 1990, Pub. L.
101–508, § 9104(2), 104 Stat.
1388–355; Oct. 31, 1992, Pub.
L. 102–581, § 102(b), 106
Stat. 4877.

49 App.:2204(b)(1)
(last sentence).

In subsection (a), the words ‘‘project grants’’ are substituted for ‘‘grants . . . for airport development and
airport planning by project grants’’ in 49 App.:2204(a) to
eliminate unnecessary words and because of the definitions of ‘‘project’’ and ‘‘project grant’’ in section 47102
of the revised title.
In subsection (b), the words ‘‘and such authority shall
exist with respect to funds available for the making of
grants for any fiscal year or part thereof pursuant to
subsection (a) of this section’’ are omitted as surplus.
In subsection (c), the words ‘‘except for obligations of
amounts’’ are substituted for ‘‘except that nothing in
this section shall preclude the obligation by grant

Page 1018

agreement of apportioned funds’’ to eliminate unnecessary words.
PUB. L. 103–429
Revised
Section

Source (U.S. Code)

47104(c) ......

49 App.:2204(b)(1)
(last sentence).
49App.:2204 note.

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 505(b)(1) (last sentence),
as amended May 26, 1994,
Pub. L. 103–260, § 109, 108
Stat. 700.

In subsection (c), the text of section 109(b) of the Airport Improvement Program Temporary Extension Act
of 1994 (Public Law 103–260, 108 Stat. 700) is omitted as
executed.
AMENDMENTS
2009—Subsec. (c). Pub. L. 111–116 substituted ‘‘March
31, 2010,’’ for ‘‘December 31, 2009,’’ in introductory provisions.
Pub. L. 111–69 substituted ‘‘December 31, 2009,’’ for
‘‘September 30, 2009,’’ in introductory provisions.
Pub. L. 111–12 substituted ‘‘September 30, 2009,’’ for
‘‘March 31, 2009,’’ in introductory provisions.
2008—Subsec. (c). Pub. L. 110–330 substituted ‘‘March
31, 2009,’’ for ‘‘September 30, 2008,’’ in introductory provisions.
Pub. L. 110–253 substituted ‘‘September 30, 2008,’’ for
‘‘June 30, 2008,’’ in introductory provisions.
Pub. L. 110–190 substituted ‘‘June 30, 2008,’’ for ‘‘September 30, 2007,’’ in introductory provisions.
2003—Subsec. (c). Pub. L. 108–176 substituted ‘‘September 30, 2007’’ for ‘‘September 30, 2003’’ in introductory provisions.
2000—Subsec. (c). Pub. L. 106–181 substituted ‘‘September 30, 2003,’’ for ‘‘September 30, 1999,’’ in introductory provisions.
1999—Subsec. (c). Pub. L. 106–59 substituted ‘‘September 30, 1999’’ for ‘‘August 6, 1999’’ in introductory provisions.
Pub. L. 106–31 substituted ‘‘August 6, 1999’’ for ‘‘May
31, 1999’’ in introductory provisions.
Pub. L. 106–6 substituted ‘‘May’’ for ‘‘March’’ in introductory provisions.
1998—Subsec. (c). Pub. L. 105–277 substituted ‘‘March
31, 1999’’ for ‘‘September 30, 1998’’ in introductory provisions.
1996—Subsec. (c). Pub. L. 104–264 substituted ‘‘1998’’
for ‘‘1996’’ in introductory provisions.
1994—Subsec. (c). Pub. L. 103–429 reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘After September 30,
1996, the Secretary may not incur obligations under
subsection (b) of this section, except for obligations of
amounts remaining available after that date under section 47117(b) of this title.’’
Pub. L. 103–305 substituted ‘‘After September 30, 1996,
the Secretary’’ for ‘‘After September 30, 1993, the Secretary’’.
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–253, § 4(c), June 30, 2008, 122 Stat. 2418, provided that: ‘‘The amendments made by this section
[amending this section and section 48103 of this title]
shall take effect on July 1, 2008.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years

Page 1019

TITLE 49—TRANSPORTATION

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 Pub. L. 104–264,
set out as a note under section 106 of this title.
DESIGN-BUILD CONTRACTING
Pub. L. 106–181, title I, § 139, Apr. 5, 2000, 114 Stat. 85,
provided that:
‘‘(a) PILOT PROGRAM.—The Administrator [of the Federal Aviation Administration] may establish a pilot
program under which design-build contracts may be
used to carry out up to 7 projects at airports in the
United States with a grant awarded under section 47104
of title 49, United States Code. A sponsor of an airport
may submit an application to the Administrator to
carry out a project otherwise eligible for assistance
under chapter 471 of such title under the pilot program.
‘‘(b) USE OF DESIGN-BUILD CONTRACTS.—Under the
pilot program, the Administrator may approve an application of an airport sponsor under this section to authorize the airport sponsor to award a design-build contract using a selection process permitted under applicable State or local law if—
‘‘(1) the Administrator approves the application
using criteria established by the Administrator;
‘‘(2) the design-build contract is in a form that is
approved by the Administrator;
‘‘(3) the Administrator is satisfied that the contract
will be executed pursuant to competitive procedures
and contains a schematic design adequate for the Administrator to approve the grant;
‘‘(4) use of a design-build contract will be cost effective and expedite the project;
‘‘(5) the Administrator is satisfied that there will
be no conflict of interest; and
‘‘(6) the Administrator is satisfied that the selection process will be as open, fair, and objective as the
competitive bid system and that at least three or
more bids will be submitted for each project under
the selection process.
‘‘(c) REIMBURSEMENT OF COSTS.—The Administrator
may reimburse an airport sponsor for design and construction costs incurred before a grant is made pursuant to this section if the project is approved by the Administrator in advance and is carried out in accordance
with all administrative and statutory requirements
that would have been applicable under chapter 471 of
title 49, United States Code, if the project were carried
out after a grant agreement had been executed.
‘‘(d) DESIGN-BUILD CONTRACT DEFINED.—In this section, the term ‘design-build contract’ means an agreement that provides for both design and construction of
a project by a contractor.
‘‘(e) EXPIRATION OF AUTHORITY.—The authority of the
Administrator to carry out the pilot program under
this section shall expire on September 30, 2003.’’

§ 47105. Project grant applications
(a) SUBMISSION AND CONSULTATION.—(1) An application for a project grant under this subchapter may be submitted to the Secretary of
Transportation by—
(A) a sponsor; or
(B) a State, as the only sponsor, for an airport development project benefitting 1 or more
airports in the State or for airport planning
for projects for 1 or more airports in the State
if—
(i) the sponsor of each airport gives written consent that the State be the applicant;
(ii) the Secretary is satisfied there is administrative merit and aeronautical benefit
in the State being the sponsor; and
(iii) an acceptable agreement exists that
ensures that the State will comply with appropriate grant conditions and other assurances the Secretary requires.

§ 47105

(2) Before deciding to undertake an airport development project at an airport under this subchapter, a sponsor shall consult with the airport
users that will be affected by the project.
(3) This subsection does not authorize a public
agency that is subject to the laws of a State to
apply for a project grant in violation of a law of
the State.
(b) CONTENTS AND FORM.—An application for a
project grant under this subchapter—
(1) shall describe the project proposed to be
undertaken;
(2) may propose a project only for a publicuse airport included in the current national
plan of integrated airport systems;
(3) may propose airport development only if
the development complies with standards the
Secretary prescribes or approves, including
standards for site location, airport layout, site
preparation, paving, lighting, and safety of approaches; and
(4) shall be in the form and contain other information the Secretary prescribes.
STANDARDS FOR AIRPORT DEVELOPSecretary may approve standards
(except standards for safety of approaches) that
a State prescribes for airport development at
nonprimary public-use airports in the State. On
approval under this subsection, a State’s standards apply to the nonprimary public-use airports
in the State instead of the comparable standards
prescribed by the Secretary under subsection
(b)(3) of this section. The Secretary, or the State
with the approval of the Secretary, may revise
standards approved under this subsection.
(d) CERTIFICATION OF COMPLIANCE.—The Secretary may require a sponsor to certify that the
sponsor will comply with this subchapter in carrying out the project. The Secretary may rescind the acceptance of a certification at any
time. This subsection does not affect an obligation or responsibility of the Secretary under another law of the United States.
(e) PREVENTIVE MAINTENANCE.—After January
1, 1995, the Secretary may approve an application under this subchapter for the replacement
or reconstruction of pavement at an airport
only if the sponsor has provided such assurances
or certifications as the Secretary may determine appropriate that such airport has implemented an effective airport pavement maintenance-management program. The Secretary
may require such reports on pavement condition
and pavement management programs as the
Secretary determines may be useful.
(f) NOTIFICATION.—The sponsor of an airport
for which an amount is apportioned under section 47114(c) of this title shall notify the Secretary of the fiscal year in which the sponsor intends to submit a project grant application for
the apportioned amount. The notification shall
be given by the time and contain the information the Secretary prescribes.
(c) STATE
MENT.—The

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1253;
Pub. L. 103–305, title I, §§ 106, 107(a), Aug. 23, 1994,
108 Stat. 1572.)

§ 47106

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section
47105(a)
(1)(A).

47105(a)
(1)(B).

47105(a)(2) ..
47105(a)(3) ..
47105(b) ......

47105(c) ......
47105(d) ......
47105(e) ......

Source (U.S. Code)

Source (Statutes at Large)

49 App.:2208(a)(1)
(1st sentence related to authority
to submit applications).
49 App.:2208(a)(3).

Sept. 3, 1982, Pub. L. 97–248,
§§ 509(a)(1), (c), (d), 511(c),
96 Stat. 682, 685, 688.

49 App.:2210(c).
49 App.:2208(a)(1) (3d
sentence).
49 App.:2208(a)(1)
(1st sentence related to form and
contents, 2d, last
sentences).
49 App.:2208(c).
49 App.:2208(d).
49 App.:2208(e).

Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 509(a)(3);
added Dec. 30, 1987, Pub.
L. 100–223, § 108, 101 Stat.
1498.

Sept. 3, 1982, Pub. L. 97–248,
§ 509(e), 96 Stat. 685; Dec.
30, 1987, Pub. L. 100–223,
§ 106(b)(3)(B),
101
Stat.
1498.

In subsection (a)(1), before clause (A), the words
‘‘Subject to the provisions of this subsection’’ are omitted as surplus. The words ‘‘for one or more projects’’
are omitted as surplus because of the definition of
‘‘project grant’’ in section 47102 of the revised title.
Clause (A) is substituted for ‘‘(A) any public agency, or
two or more public agencies acting jointly, or (B) any
sponsor of a public-use airport, or two or more such
sponsors, acting jointly’’ because of the definition of
‘‘sponsor’’ in section 47102 of the revised title.
In subsection (a)(2), the word ‘‘Before’’ is substituted
for ‘‘In’’ as the more appropriate word. The words ‘‘at
an airport’’ are substituted for ‘‘at which such project
is proposed’’ to eliminate unnecessary words. The
words ‘‘airport users that will be affected by the
project’’ are substituted for ‘‘affected parties’’ for clarity.
Subsection (a)(3) is substituted for 49 App.:2208(a)(1)
(3d sentence) to eliminate unnecessary words.
In subsection (b)(1), the words ‘‘shall describe’’ are
substituted for ‘‘setting forth’’ for clarity.
In subsection (b)(2), the word ‘‘project’’ is substituted
for ‘‘airport development or airport planning’’ because
of the definition of ‘‘project’’ in section 47102 of the revised title. The words ‘‘prepared pursuant to section
2203 of the Appendix’’ are eliminated as unnecessary.
In subsection (c), the words ‘‘from time to time’’ are
eliminated as unnecessary.
In subsection (d), the words ‘‘in connection with any
project’’ are omitted as surplus. The words ‘‘that the
sponsor will comply with this subchapter in carrying
out the project’’ are substituted for ‘‘that such sponsor
will comply with all of the statutory and administrative requirements imposed on such sponsor under this
chapter in connection with such project’’ to eliminate
unnecessary words. The words ‘‘or discharge’’ are omitted as included in ‘‘affect’’. The words ‘‘including, but
not limited to, the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), section 303 of title 49,
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000b)
[42 U.S.C. 2000d et seq.], title VIII of the Act of April 11,
1968 (42 U.S.C. 3601 et seq.), and the Uniform Relocation
Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4601 et seq.)’’ are omitted as included
in ‘‘another law of the United States’’.
In subsection (e), the words ‘‘of an airport for which’’
are substituted for ‘‘to which’’ for clarity.
AMENDMENTS
1994—Subsec. (a)(1)(B). Pub. L. 103–305, § 106, in introductory provisions, substituted ‘‘1 or more airports’’
for ‘‘at least 2 airports’’ in two places and struck out
‘‘similar’’ before ‘‘projects’’.
Subsecs. (e), (f). Pub. L. 103–305, § 107(a), added subsec.
(e) and redesignated former subsec. (e) as (f).

Page 1020

§ 47106. Project grant application approval conditioned on satisfaction of project requirements
(a) PROJECT GRANT APPLICATION APPROVAL.—
The Secretary of Transportation may approve
an application under this subchapter for a
project grant only if the Secretary is satisfied
that—
(1) the project is consistent with plans (existing at the time the project is approved) of
public agencies authorized by the State in
which the airport is located to plan for the development of the area surrounding the airport;
(2) the project will contribute to carrying
out this subchapter;
(3) enough money is available to pay the
project costs that will not be paid by the
United States Government under this subchapter;
(4) the project will be completed without unreasonable delay; and
(5) the sponsor has authority to carry out
the project as proposed.
(b) AIRPORT DEVELOPMENT
PLICATION APPROVAL.—The

PROJECT GRANT APSecretary may approve an application under this subchapter for
an airport development project grant for an airport only if the Secretary is satisfied that—
(1) the sponsor, a public agency, or the Government holds good title to the areas of the
airport used or intended to be used for the
landing, taking off, or surface maneuvering of
aircraft, or that good title will be acquired;
(2) the interests of the community in or near
which the project may be located have been
given fair consideration; and
(3) the application provides touchdown zone
and centerline runway lighting, high intensity
runway lighting, or land necessary for installing approach light systems that the Secretary,
considering the category of the airport and
the kind and volume of traffic using it, decides
is necessary for safe and efficient use of the
airport by aircraft.
(c) ENVIRONMENTAL REQUIREMENTS.—(1) The
Secretary may approve an application under
this subchapter for an airport development
project involving the location of an airport or
runway or a major runway extension—
(A) only if the sponsor certifies to the Secretary that—
(i) an opportunity for a public hearing was
given to consider the economic, social, and
environmental effects of the location and
the location’s consistency with the objectives of any planning that the community
has carried out;
(ii) the airport management board has voting representation from the communities in
which the project is located or has advised
the communities that they have the right to
petition the Secretary about a proposed
project; and
(iii) with respect to an airport development project involving the location of an
airport, runway, or major runway extension
at a medium or large hub airport, the airport sponsor has made available to and has
provided upon request to the metropolitan
planning organization in the area in which

Page 1021

TITLE 49—TRANSPORTATION

the airport is located, if any, a copy of the
proposed amendment to the airport layout
plan to depict the project and a copy of any
airport master plan in which the project is
described or depicted; and
(B) if the application is found to have a significant adverse effect on natural resources,
including fish and wildlife, natural, scenic,
and recreation assets, water and air quality,
or another factor affecting the environment,
only after finding that no possible and prudent
alternative to the project exists and that
every reasonable step has been taken to minimize the adverse effect.
(2) The Secretary may approve an application
under this subchapter for an airport development project that does not involve the location
of an airport or runway, or a major runway extension, at an existing airport without requiring
an environmental impact statement related to
noise for the project if—
(A) completing the project would allow operations at the airport involving aircraft complying with the noise standards prescribed for
‘‘stage 3’’ aircraft in section 36.1 of title 14,
Code of Federal Regulations, to replace existing operations involving aircraft that do not
comply with those standards; and
(B) the project meets the other requirements
under this subchapter.
(3) At the Secretary’s request, the sponsor
shall give the Secretary a copy of the transcript
of any hearing held under paragraph (1)(A) of
this subsection.
(4) The Secretary may make a finding under
paragraph (1)(B) of this subsection only after
completely reviewing the matter. The review
and finding must be a matter of public record.
(d) WITHHOLDING APPROVAL.—(1) The Secretary
may withhold approval of an application under
this subchapter for amounts apportioned under
section 47114(c) and (e) of this title for violating
an assurance or requirement of this subchapter
only if—
(A) the Secretary provides the sponsor an
opportunity for a hearing; and
(B) not later than 180 days after the later of
the date of the application or the date the Secretary discovers the noncompliance, the Secretary finds that a violation has occurred.
(2) The 180-day period may be extended by—
(A) agreement between the Secretary and
the sponsor; or
(B) the hearing officer if the officer decides
an extension is necessary because the sponsor
did not follow the schedule the officer established.
(3) A person adversely affected by an order of
the Secretary withholding approval may obtain
review of the order by filing a petition in the
United States Court of Appeals for the District
of Columbia Circuit or in the court of appeals of
the United States for the circuit in which the
project is located. The action must be brought
not later than 60 days after the order is served
on the petitioner.
(e) REPORTS RELATING TO CONSTRUCTION OF
CERTAIN NEW HUB AIRPORTS.—At least 90 days
prior to the approval under this subchapter of a

§ 47106

project grant application for construction of a
new hub airport that is expected to have 0.25
percent or more of the total annual enplanements in the United States, the Secretary shall
submit to Congress a report analyzing the anticipated impact of such proposed new airport
on—
(1) the fees charged to air carriers (including
landing fees), and other costs that will be incurred by air carriers, for using the proposed
airport;
(2) air transportation that will be provided
in the geographic region of the proposed airport; and
(3) the availability and cost of providing air
transportation to rural areas in such geographic region.
(f) COMPETITION PLANS.—
(1) PROHIBITION.—Beginning in fiscal year
2001, no passenger facility fee may be approved
for a covered airport under section 40117 and
no grant may be made under this subchapter
for a covered airport unless the airport has
submitted to the Secretary a written competition plan in accordance with this subsection.
(2) CONTENTS.—A competition plan under
this subsection shall include information on
the availability of airport gates and related facilities, leasing and sub-leasing arrangements,
gate-use requirements, patterns of air service,
gate-assignment policy, financial constraints,
airport controls over air- and ground-side capacity, whether the airport intends to build or
acquire gates that would be used as common
facilities, and airfare levels (as compiled by
the Department of Transportation) compared
to other large airports.
(3) SPECIAL RULE FOR FISCAL YEAR 2002.—This
subsection does not apply to any passenger facility fee approved, or grant made, in fiscal
year 2002 if the fee or grant is to be used to improve security at a covered airport.
(4) COVERED AIRPORT DEFINED.—In this subsection, the term ‘‘covered airport’’ means a
commercial service airport—
(A) that has more than .25 percent of the
total number of passenger boardings each
year at all such airports; and
(B) at which one or two air carriers control
more than 50 percent of the passenger boardings.
(g) CONSULTATION WITH SECRETARY OF HOMESECURITY.—The Secretary shall consult
with the Secretary of Homeland Security before
approving an application under this subchapter
for an airport development project grant for activities described in section 47102(3)(B)(ii) only
as they relate to security equipment or section
47102(3)(B)(x) only as they relate to installation
of bulk explosive detection system.
LAND

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1254;
Pub. L. 103–305, title I, §§ 108, 109, Aug. 23, 1994,
108 Stat. 1573; Pub. L. 106–181, title I, § 155(b),
Apr. 5, 2000, 114 Stat. 88; Pub. L. 107–71, title I,
§ 123(a), Nov. 19, 2001, 115 Stat. 630; Pub. L.
107–296, title IV, § 426(b), Nov. 25, 2002, 116 Stat.
2187; Pub. L. 108–176, title I, § 187, title III, § 305,
Dec. 12, 2003, 117 Stat. 2518, 2539.)

§ 47106

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section

Source (U.S. Code)

47106(a) ......

49 App.:2208(b)
(1)(A)–(D).

47106(b) ......

49 App.:2202(a)(8).
49 App.:2208(b)
(2)–(4).
49 App.:2208(b)(6)(A).

47106(c)
(1)(A).

47106(c)
(1)(B).
47106(c)
(1)(C).

47106(c)(2) ..
47106(c)(3) ..
47106(c)(4) ..
47106(c)(5) ..

47106(d) ......

47106(e) ......

49 App.:2208(b)(7)(A)
(1st, 2d sentences).
49 App.:2208(b)(5)
(last sentence
words between
11th and 12th commas and after last
comma).
49 App.:2208(b)(8).
49 App.:2208(b)(6)(B).
49 App.:2208(b)(7)(A)
(last sentence),
(B).
49 App.:2208(b)(5)
(last sentence
words between
12th and last commas).
49 App.:1731.

49 App.:2218(b) (related to application).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§§ 503(a)(8),
509(b)(1)(A)–
(D), (2)–(4), (5) (last sentence words after 11th
comma),
(6)(B)–(8),
96
Stat. 673, 683, 684.

Sept. 3, 1982, Pub. L. 97–248,
§ 509(b)(6)(A), 96 Stat. 684;
Oct. 31, 1992, Pub. L.
102–581, § 113(b), 106 Stat.
4881.

Page 1022

plus because of the requirement that the decision be a
matter of public record.
In subsection (d)(1), the words ‘‘(as defined by section
1711(8) of this Appendix, as in effect on February 18,
1980)’’ are omitted because of the definition of ‘‘air carrier airport’’ in section 47102 of the revised title.
In subsection (d)(2), the words ‘‘Notwithstanding any
other provision of the Airport and Airway Improvement Act of 1982 [49 App. U.S.C. 2201 et seq.]’’ and ‘‘single’’ are omitted as surplus.
In subsection (e)(1) and (2), the word ‘‘sponsor’’ is substituted for ‘‘applicant’’ for consistency.
In subsection (e)(1), before clause (A), the words
‘‘under this subchapter’’ are added for consistency in
this section. The word ‘‘other’’ is omitted as surplus.
In subsection (e)(2)(A), the word ‘‘mutual’’ is omitted
as surplus.
In subsection (e)(3), the words ‘‘adversely affected’’
are substituted for ‘‘aggrieved’’ for consistency in the
revised title and with other titles of the United States
Code. The words ‘‘the date on which’’ are omitted as
surplus.
AMENDMENTS

May 21, 1970, Pub. L. 91–258,
84 Stat. 219, § 31; added
Feb. 18, 1980, Pub. L.
96–193, § 206, 94 Stat. 55;
Sept. 3, 1982, Pub. L.
97–248, § 524(e), 96 Stat.
697.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 519(b) (related to application); added
Dec. 30, 1987, Pub. L.
100–223, § 112(2), 101 Stat.
1504.

In subsection (a)(1), the word ‘‘reasonably’’ is omitted
as surplus.
In subsection (a)(2), the words ‘‘carrying out’’ are
substituted for ‘‘accomplishment of the purposes of’’
for consistency in the revised title.
In subsection (a)(3), the words ‘‘that portion of’’ are
omitted as surplus.
In subsection (a)(5), the words ‘‘which submitted the
project grant application’’ and ‘‘legal’’ are omitted as
surplus.
In subsection (b), before clause (1), the words ‘‘for an
airport’’ are added for clarity. In clause (1), the words
‘‘or an agency thereof’’ are omitted surplus. In clause
(3), the words ‘‘that the Secretary . . . decides is necessary’’ are substituted for ‘‘when it is determined by
the Secretary that any such item is required’’ to eliminate unnecessary words.
In subsection (c)(1)(B), before subclause (i), the words
‘‘chief executive officer’’ are substituted for ‘‘Governor’’ because this chapter applies to the District of
Columbia which does not have a Governor. The words
‘‘except that the Administrator of the Environmental
Protection Agency shall make the certification instead
of the chief executive officer if’’ are substituted for ‘‘In
any case where . . . certification shall be obtained from
such Administrator’’ for clarity. Subclause (i) is substituted for ‘‘such standards have not been approved’’
for clarity.
In subsection (c)(2), before clause (A), the words
‘‘Notwithstanding any other provision of law’’ are
omitted as surplus. The words ‘‘that does not involve
the location of an airport or runway, or a major runway extension’’ are substituted for ‘‘(other than an airport development project in which paragraph (7)(A) applies)’’ for clarity. The words ‘‘the preparation of’’ are
omitted as surplus. In clause (B), the words ‘‘statutory
and administrative’’ are omitted as surplus.
In subsection (c)(4)(A), the words ‘‘to the Secretary’’
are added for clarity.
In subsection (c)(5), the words ‘‘full and’’ are omitted
as surplus. The words ‘‘in writing’’ are omitted as sur-

2003—Subsec. (c)(1)(A)(iii). Pub. L. 108–176, § 305(1), inserted ‘‘and’’ after semicolon at end.
Pub. L. 108–176, § 187, added cl. (iii).
Subsec. (c)(1)(B), (C). Pub. L. 108–176, § 305(2), (3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: ‘‘only if the chief executive officer of the State in which the project will be located certifies in writing to the Secretary that there is
reasonable assurance that the project will be located,
designed, constructed, and operated in compliance with
applicable air and water quality standards, except that
the Administrator of the Environmental Protection
Agency shall make the certification instead of the
chief executive officer if—
‘‘(i) the State has not approved any applicable
State or local standards; and
‘‘(ii) the Administrator has prescribed applicable
standards; and’’.
Subsec. (c)(2)(A). Pub. L. 108–176, § 305(4), substituted
‘‘stage 3’’ for ‘‘stage 2’’.
Subsec. (c)(4), (5). Pub. L. 108–176, § 305(5)–(7), redesignated par. (5) as (4), substituted ‘‘paragraph (1)(B)’’ for
‘‘paragraph (1)(C)’’, and struck out former par. (4)
which read as follows:
‘‘(4)(A) Notice of certification or of refusal to certify
under paragraph (1)(B) of this subsection shall be provided to the Secretary not later than 60 days after the
Secretary receives the application.
‘‘(B) The Secretary shall condition approval of the
application on compliance with the applicable standards during construction and operation.’’
2002—Subsec. (g). Pub. L. 107–296 added subsec. (g).
2001—Subsec. (f)(3), (4). Pub. L. 107–71, which directed
the amendment of section 47106(f) by adding par. (3) and
redesignating former par. (3) as (4), without specifying
the Code title to be amended, was executed by making
the amendments to this section, to reflect the probable
intent of Congress.
2000—Subsec. (f). Pub. L. 106–181 added subsec. (f).
1994—Subsecs. (d), (e). Pub. L. 103–305 added subsec.
(e), redesignated former subsec. (e) as (d), and struck
out former subsec. (d) which read as follows:
‘‘(d) GENERAL AVIATION AIRPORT PROJECT GRANT APPLICATION APPROVAL.—(1) In this subsection, ‘general
aviation airport’ means a public airport that is not an
air carrier airport.
‘‘(2) The Secretary may approve an application under
this subchapter for an airport development project included in a project grant application involving the construction or extension of a runway at a general aviation airport located on both sides of a boundary line
separating 2 counties within a State only if, before the
application is submitted to the Secretary, the project
is approved by the governing body of each village incorporated under the laws of the State and located entirely within 5 miles of the nearest boundary of the airport.’’

Page 1023

TITLE 49—TRANSPORTATION

EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT
PROJECTS
Pub. L. 106–181, title III, § 310, Apr. 5, 2000, 114 Stat.
128, provided that:
‘‘(a) STUDY.—The Secretary [of Transportation] shall
conduct a study of Federal environmental requirements related to the planning and approval of airport
improvement projects.
‘‘(b) CONTENTS.—In conducting the study, the Secretary, at a minimum, shall assess—
‘‘(1) the current level of coordination among Federal and State agencies in conducting environmental
reviews in the planning and approval of airport improvement projects;
‘‘(2) the role of public involvement in the planning
and approval of airport improvement projects;
‘‘(3) the staffing and other resources associated
with conducting such environmental reviews; and
‘‘(4) the time line for conducting such environmental reviews.
‘‘(c) CONSULTATION.—The Secretary shall conduct the
study in consultation with the Administrator [of the
Federal Aviation Administration], the heads of other
appropriate Federal departments and agencies, airport
sponsors, the heads of State aviation agencies, representatives of the design and construction industry,
representatives of employee organizations, and representatives of public interest groups.
‘‘(d) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Apr. 5, 2000], the Secretary
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation
of the Senate a report on the results of the study, together with recommendations for streamlining, if appropriate, the environmental review process in the
planning and approval of airport improvement
projects.’’
GRANTS FOR ENGINEERED MATERIALS ARRESTING
SYSTEMS
Pub. L. 106–181, title V, § 514(c), Apr. 5, 2000, 114 Stat.
144, provided that: ‘‘In making grants under section
47104 of title 49, United States Code, for engineered materials arresting systems, the Secretary [of Transportation] shall require the sponsor to demonstrate that
the effects of jet blasts have been adequately considered.’’
GRANTS FOR RUNWAY REHABILITATION
Pub. L. 106–181, title V, § 514(d), Apr. 5, 2000, 114 Stat.
144, provided that: ‘‘In any case in which an airport’s
runways are constrained by physical conditions, the
Secretary [of Transportation] shall consider alternative means for ensuring runway safety (other than a
safety overrun area) when prescribing conditions for
grants for runway rehabilitation.’’
COMPLIANCE WITH REQUIREMENTS
Pub. L. 106–181, title VII, § 737, Apr. 5, 2000, 114 Stat.
172, provided that: ‘‘Notwithstanding any other provi-

§ 47107

sion of law, in order to avoid unnecessary duplication
of expense and effort, the Secretary [of Transportation]
may authorize the use, in whole or in part, of a completed environmental assessment or environmental impact study for new construction projects on the air operations area of an airport, if the completed assessment
or study was for a project at the airport that is substantially similar in nature to the new project. Any
such authorized use shall meet all requirements of Federal law for the completion of such an assessment or
study.’’

§ 47107. Project grant application approval conditioned on assurances about airport operations
(a) GENERAL WRITTEN ASSURANCES.—The Secretary of Transportation may approve a project
grant application under this subchapter for an
airport development project only if the Secretary receives written assurances, satisfactory
to the Secretary, that—
(1) the airport will be available for public
use on reasonable conditions and without unjust discrimination;
(2) air carriers making similar use of the airport will be subject to substantially comparable charges—
(A) for facilities directly and substantially
related to providing air transportation; and
(B) regulations and conditions, except for
differences based on reasonable classifications, such as between—
(i) tenants and nontenants; and
(ii) signatory and nonsignatory carriers;
(3) the airport operator will not withhold unreasonably the classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to
those already imposed on air carriers of that
classification or status;
(4) a person providing, or intending to provide, aeronautical services to the public will
not be given an exclusive right to use the airport, with a right given to only one fixed-base
operator to provide services at an airport
deemed not to be an exclusive right if—
(A) the right would be unreasonably costly, burdensome, or impractical for more
than one fixed-base operator to provide the
services; and
(B) allowing more than one fixed-base operator to provide the services would require
reducing the space leased under an existing
agreement between the one fixed-base operator and the airport owner or operator;
(5) fixed-base operators similarly using the
airport will be subject to the same charges;
(6) an air carrier using the airport may service itself or use any fixed-base operator allowed by the airport operator to service any
carrier at the airport;
(7) the airport and facilities on or connected
with the airport will be operated and maintained suitably, with consideration given to
climatic and flood conditions;
(8) a proposal to close the airport temporarily for a nonaeronautical purpose must
first be approved by the Secretary;
(9) appropriate action will be taken to ensure that terminal airspace required to protect instrument and visual operations to the

§ 47107

TITLE 49—TRANSPORTATION

airport (including operations at established
minimum flight altitudes) will be cleared and
protected by mitigating existing, and preventing future, airport hazards;
(10) appropriate action, including the adoption of zoning laws, has been or will be taken
to the extent reasonable to restrict the use of
land next to or near the airport to uses that
are compatible with normal airport operations;
(11) each of the airport’s facilities developed
with financial assistance from the United
States Government and each of the airport’s
facilities usable for the landing and taking off
of aircraft always will be available without
charge for use by Government aircraft in common with other aircraft, except that if the use
is substantial, the Government may be
charged a reasonable share, proportionate to
the use, of the cost of operating and maintaining the facility used;
(12) the airport owner or operator will provide, without charge to the Government, property interests of the sponsor in land or water
areas or buildings that the Secretary decides
are desirable for, and that will be used for,
constructing at Government expense, facilities
for carrying out activities related to air traffic control or navigation;
(13) the airport owner or operator will maintain a schedule of charges for use of facilities
and services at the airport—
(A) that will make the airport as self-sustaining as possible under the circumstances
existing at the airport, including volume of
traffic and economy of collection; and
(B) without including in the rate base used
for the charges the Government’s share of
costs for any project for which a grant is
made under this subchapter or was made
under the Federal Airport Act or the Airport
and Airway Development Act of 1970;
(14) the project accounts and records will be
kept using a standard system of accounting
that the Secretary, after consulting with appropriate public agencies, prescribes;
(15) the airport owner or operator will submit any annual or special airport financial
and operations reports to the Secretary that
the Secretary reasonably requests and make
such reports available to the public;
(16) the airport owner or operator will maintain a current layout plan of the airport that
meets the following requirements:
(A) the plan will be in a form the Secretary prescribes;
(B) the Secretary will approve the plan
and any revision or modification before the
plan, revision, or modification takes effect;
(C) the owner or operator will not make or
allow any alteration in the airport or any of
its facilities if the alteration does not comply with the plan the Secretary approves,
and the Secretary is of the opinion that the
alteration may affect adversely the safety,
utility, or efficiency of the airport; and
(D) when an alteration in the airport or its
facility is made that does not conform to the
approved plan and that the Secretary decides adversely affects the safety, utility, or
efficiency of any property on or off the air-

Page 1024

port that is owned, leased, or financed by the
Government, the owner or operator, if requested by the Secretary, will—
(i) eliminate the adverse effect in a way
the Secretary approves; or
(ii) bear all cost of relocating the property or its replacement to a site acceptable to the Secretary and of restoring the
property or its replacement to the level of
safety, utility, efficiency, and cost of operation that existed before the alteration
was made;
(17) each contract and subcontract for program management, construction management,
planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services will be awarded in the same way
that a contract for architectural and engineering services is negotiated under chapter 11 of
title 40 or an equivalent qualifications-based
requirement prescribed for or by the sponsor;
(18) the airport and each airport record will
be available for inspection by the Secretary on
reasonable request, and a report of the airport
budget will be available to the public at reasonable times and places;
(19) the airport owner or operator will submit to the Secretary and make available to
the public an annual report listing in detail—
(A) all amounts paid by the airport to any
other unit of government and the purposes
for which each such payment was made; and
(B) all services and property provided to
other units of government and the amount
of compensation received for provision of
each such service and property;
(20) the airport owner or operator will permit, to the maximum extent practicable,
intercity buses or other modes of transportation to have access to the airport, but the
sponsor does not have any obligation under
this paragraph, or because of it, to fund special facilities for intercity bus service or for
other modes of transportation; and
(21) if the airport owner or operator and a
person who owns an aircraft agree that a
hangar is to be constructed at the airport for
the aircraft at the aircraft owner’s expense,
the airport owner or operator will grant to the
aircraft owner for the hangar a long-term
lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.
(b) WRITTEN ASSURANCES ON USE OF REVENUE.—(1) The Secretary of Transportation may
approve a project grant application under this
subchapter for an airport development project
only if the Secretary receives written assurances, satisfactory to the Secretary, that local
taxes on aviation fuel (except taxes in effect on
December 30, 1987) and the revenues generated
by a public airport will be expended for the capital or operating costs of—
(A) the airport;
(B) the local airport system; or
(C) other local facilities owned or operated
by the airport owner or operator and directly
and substantially related to the air transportation of passengers or property.

Page 1025

TITLE 49—TRANSPORTATION

(2) Paragraph (1) of this subsection does not
apply if a provision enacted not later than September 2, 1982, in a law controlling financing by
the airport owner or operator, or a covenant or
assurance in a debt obligation issued not later
than September 2, 1982, by the owner or operator, provides that the revenues, including local
taxes on aviation fuel at public airports, from
any of the facilities of the owner or operator, including the airport, be used to support not only
the airport but also the general debt obligations
or other facilities of the owner or operator.
(3) This subsection does not prevent the use of
a State tax on aviation fuel to support a State
aviation program or the use of airport revenue
on or off the airport for a noise mitigation purpose.
(c) WRITTEN ASSURANCES ON ACQUIRING LAND.—
(1) In this subsection, land is needed for an airport purpose (except a noise compatibility purpose) if—
(A)(i) the land may be needed for an aeronautical purpose (including runway protection
zone) or serves as noise buffer land; and
(ii) revenue from interim uses of the land
contributes to the financial self-sufficiency of
the airport; and
(B) for land purchased with a grant the
owner or operator received not later than December 30, 1987, the Secretary of Transportation or the department, agency, or instrumentality of the Government that made the
grant was notified by the owner or operator of
the use of the land and did not object to the
use and the land is still being used for that
purpose.
(2) The Secretary of Transportation may approve an application under this subchapter for
an airport development project grant only if the
Secretary receives written assurances, satisfactory to the Secretary, that if an airport owner
or operator has received or will receive a grant
for acquiring land and—
(A) if the land was or will be acquired for a
noise compatibility purpose—
(i) the owner or operator will dispose of
the land at fair market value at the earliest
practicable time after the land no longer is
needed for a noise compatibility purpose;
(ii) the disposition will be subject to retaining or reserving an interest in the land
necessary to ensure that the land will be
used in a way that is compatible with noise
levels associated with operating the airport;
and
(iii) the part of the proceeds from disposing of the land that is proportional to the
Government’s share of the cost of acquiring
the land will be paid to the Secretary for deposit in the Airport and Airway Trust Fund
established under section 9502 of the Internal
Revenue Code of 1986 (26 U.S.C. 9502) or, as
the Secretary prescribes, reinvested in an
approved noise compatibility project, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program; or

§ 47107

(B) if the land was or will be acquired for an
airport purpose (except a noise compatibility
purpose)—
(i) the owner or operator, when the land no
longer is needed for an airport purpose, will
dispose of the land at fair market value or
make available to the Secretary an amount
equal to the Government’s proportional
share of the fair market value;
(ii) the disposition will be subject to retaining or reserving an interest in the land
necessary to ensure that the land will be
used in a way that is compatible with noise
levels associated with operating the airport;
and
(iii) the part of the proceeds from disposing of the land that is proportional to the
Government’s share of the cost of acquiring
the land will be reinvested, on application to
the Secretary, in another eligible airport development project the Secretary approves
under this subchapter or paid to the Secretary for deposit in the Fund if another eligible project does not exist.
(3) Proceeds referred to in paragraph (2)(A)(iii)
and (B)(iii) of this subsection and deposited in
the Airport and Airway Trust Fund are available as provided in subsection (f) of this section.
(d) ASSURANCES OF CONTINUATION AS PUBLICUSE AIRPORT.—The Secretary of Transportation
may approve an application under this subchapter for an airport development project
grant for a privately owned public-use airport
only if the Secretary receives appropriate assurances that the airport will continue to function
as a public-use airport during the economic life
(that must be at least 10 years) of any facility at
the airport that was developed with Government
financial assistance under this subchapter.
(e) WRITTEN ASSURANCES OF OPPORTUNITIES
FOR SMALL BUSINESS CONCERNS.—(1) The Secretary of Transportation may approve a project
grant application under this subchapter for an
airport development project only if the Secretary receives written assurances, satisfactory
to the Secretary, that the airport owner or operator will take necessary action to ensure, to the
maximum extent practicable, that at least 10
percent of all businesses at the airport selling
consumer products or providing consumer services to the public are small business concerns
(as defined by regulations of the Secretary)
owned and controlled by a socially and economically disadvantaged individual (as defined in
section 47113(a) of this title) or qualified HUBZone small business concerns (as defined in section 3(p) of the Small Business Act).
(2) An airport owner or operator may meet the
percentage goal of paragraph (1) of this subsection by including any business operated
through a management contract or subcontract.
The dollar amount of a management contract or
subcontract with a disadvantaged business enterprise shall be added to the total participation
by disadvantaged business enterprises in airport
concessions and to the base from which the airport’s percentage goal is calculated. The dollar
amount of a management contract or subcontract with a non-disadvantaged business enterprise and the gross revenue of business activities to which the management contract or subcontract pertains may not be added to this base.

§ 47107

TITLE 49—TRANSPORTATION

(3) Except as provided in paragraph (4) of this
subsection, an airport owner or operator may
meet the percentage goal of paragraph (1) of this
subsection by including the purchase from disadvantaged business enterprises of goods and
services used in businesses conducted at the airport, but the owner or operator and the businesses conducted at the airport shall make good
faith efforts to explore all available options to
achieve, to the maximum extent practicable,
compliance with the goal through direct ownership arrangements, including joint ventures and
franchises.
(4)(A) In complying with paragraph (1) of this
subsection, an airport owner or operator shall
include the revenues of car rental firms at the
airport in the base from which the percentage
goal in paragraph (1) is calculated.
(B) An airport owner or operator may require
a car rental firm to meet a requirement under
paragraph (1) of this subsection by purchasing or
leasing goods or services from a disadvantaged
business enterprise. If an owner or operator requires such a purchase or lease, a car rental firm
shall be permitted to meet the requirement by
including purchases or leases of vehicles from
any vendor that qualifies as a small business
concern owned and controlled by a socially and
economically disadvantaged individual or as a
qualified HUBZone small business concern (as
defined in section 3(p) of the Small Business
Act).
(C) This subsection does not require a car
rental firm to change its corporate structure to
provide for direct ownership arrangements to
meet the requirements of this subsection.
(5) This subsection does not preempt—
(A) a State or local law, regulation, or policy enacted by the governing body of an airport owner or operator; or
(B) the authority of a State or local government or airport owner or operator to adopt or
enforce a law, regulation, or policy related to
disadvantaged business enterprises.
(6) An airport owner or operator may provide
opportunities for a small business concern
owned and controlled by a socially and economically disadvantaged individual or a qualified
HUBZone small business concern (as defined in
section 3(p) of the Small Business Act) to participate through direct contractual agreement
with that concern.
(7) An air carrier that provides passenger or
property-carrying services or another business
that conducts aeronautical activities at an airport may not be included in the percentage goal
of paragraph (1) of this subsection for participation of small business concerns at the airport.
(8) Not later than April 29, 1993, the Secretary
of Transportation shall prescribe regulations to
carry out this subsection.
(f) AVAILABILITY OF AMOUNTS.—An amount deposited in the Airport and Airway Trust Fund
under—
(1) subsection (c)(2)(A)(iii) of this section is
available to the Secretary of Transportation
to make a grant for airport development or
airport planning under section 47104 of this
title;
(2) subsection (c)(2)(B)(iii) of this section is
available to the Secretary—

Page 1026

(A) to make a grant for a purpose described in section 47115(b) of this title; and
(B) for use under section 47114(d)(2) of this
title at another airport in the State in which
the land was disposed of under subsection
(c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is
in addition to an amount made available to
the Secretary under section 48103 of this title
and not subject to apportionment under section 47114 of this title.
(g) ENSURING COMPLIANCE.—(1) To ensure compliance with this section, the Secretary of
Transportation—
(A) shall prescribe requirements for sponsors
that the Secretary considers necessary; and
(B) may make a contract with a public agency.
(2) The Secretary of Transportation may approve an application for a project grant only if
the Secretary is satisfied that the requirements
prescribed under paragraph (1)(A) of this subsection have been or will be met.
(h) MODIFYING ASSURANCES AND REQUIRING
COMPLIANCE WITH ADDITIONAL ASSURANCES.—
(1) IN GENERAL.—Subject to paragraph (2),
before modifying an assurance required of a
person receiving a grant under this subchapter
and in effect after December 29, 1987, or to require compliance with an additional assurance
from the person, the Secretary of Transportation must—
(A) publish notice of the proposed modification in the Federal Register; and
(B) provide an opportunity for comment on
the proposal.
(2) PUBLIC NOTICE BEFORE WAIVER OF AERONAUTICAL LAND-USE ASSURANCE.—Before modifying an assurance under subsection (c)(2)(B)
that requires any property to be used for an
aeronautical purpose, the Secretary must provide notice to the public not less than 30 days
before making such modification.
(i) RELIEF FROM OBLIGATION TO PROVIDE FREE
SPACE.—When a sponsor provides a property interest in a land or water area or a building that
the Secretary of Transportation uses to construct a facility at Government expense, the
Secretary may relieve the sponsor from an obligation in a contract made under this chapter,
the Airport and Airway Development Act of
1970, or the Federal Airport Act to provide free
space to the Government in an airport building,
to the extent the Secretary finds that the free
space no longer is needed to carry out activities
related to air traffic control or navigation.
(j) USE OF REVENUE IN HAWAII.—(1) In this subsection—
(A) ‘‘duty-free merchandise’’ and ‘‘duty-free
sales enterprise’’ have the same meanings
given those terms in section 555(b)(8) of the
Tariff Act of 1930 (19 U.S.C. 1555(b)(8)).
(B) ‘‘highway’’ and ‘‘Federal-aid system’’
have the same meanings given those terms in
section 101(a) of title 23.
(2) Notwithstanding subsection (b)(1) of this
section, Hawaii may use, for a project for construction or reconstruction of a highway on a

Page 1027

TITLE 49—TRANSPORTATION

Federal-aid system that is not more than 10
miles by road from an airport and that will facilitate access to the airport, revenue from the
sales at off-airport locations in Hawaii of dutyfree merchandise under a contract between Hawaii and a duty-free sales enterprise. However,
the revenue resulting during a Hawaiian fiscal
year may be used only if the amount of the revenue, plus amounts Hawaii receives in the fiscal
year from all other sources for costs Hawaii incurs for operating all airports it operates and
for debt service related to capital projects for
the airports (including interest and amortization of principal costs), is more than 150 percent
of the projected costs for the fiscal year.
(3)(A) Revenue from sales referred to in paragraph (2) of this subsection in a Hawaiian fiscal
year that Hawaii may use may not be more than
the amount that is greater than 150 percent as
determined under paragraph (2).
(B) The maximum amount of revenue Hawaii
may use under paragraph (2) of this subsection is
$250,000,000.
(4) If a fee imposed or collected for rent, landing, or service from an aircraft operator by an
airport operated by Hawaii is increased during
the period from May 4, 1990, through December
31, 1994, by more than the percentage change in
the Consumer Price Index of All Urban Consumers for Honolulu, Hawaii, that the Secretary of
Labor publishes during that period and if revenue derived from the fee increases because the
fee increased, the amount under paragraph (3)(B)
of this subsection shall be reduced by the
amount of the projected revenue increase in the
period less the part of the increase attributable
to changes in the Index in the period.
(5) Hawaii shall determine costs, revenue, and
projected revenue increases referred to in this
subsection and shall submit the determinations
to the Secretary of Transportation. A determination is approved unless the Secretary disapproves it not later than 30 days after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115 of this title in a fiscal year in which
Hawaii uses under paragraph (2) of this subsection revenue from sales referred to in paragraph (2). Hawaii shall repay amounts it receives in a fiscal year under a grant it is not eligible to receive because of this paragraph to the
Secretary of Transportation for deposit in the
discretionary fund established under section
47115.
(7)(A) This subsection applies only to revenue
from sales referred to in paragraph (2) of this
subsection from May 5, 1990, through December
30, 1994, and to amounts in the Airport Revenue
Fund of Hawaii that are attributable to revenue
before May 4, 1990, on sales referred to in paragraph (2).
(B) Revenue from sales referred to in paragraph (2) of this subsection from May 5, 1990,
through December 30, 1994, may be used under
paragraph (2) in any Hawaiian fiscal year, including a Hawaiian fiscal year beginning after
December 31, 1994.
(k) ANNUAL SUMMARIES OF FINANCIAL REPORTS.—The Secretary shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on

§ 47107

Transportation and Infrastructure of the House
of Representatives an annual summary of the
reports submitted to the Secretary under subsection (a)(19) of this section and under section
111(b) of the Federal Aviation Administration
Authorization Act of 1994.
(l) POLICIES AND PROCEDURES TO ENSURE ENFORCEMENT AGAINST ILLEGAL DIVERSION OF AIRPORT REVENUE.—
(1) IN GENERAL.—Not later than 90 days after
August 23, 1994, the Secretary of Transportation shall establish policies and procedures
that will assure the prompt and effective enforcement of subsections (a)(13) and (b) of this
section and grant assurances made under such
subsections. Such policies and procedures
shall recognize the exemption provision in
subsection (b)(2) of this section and shall respond to the information contained in the reports of the Inspector General of the Department of Transportation on airport revenue diversion and such other relevant information
as the Secretary may by law consider.
(2) REVENUE DIVERSION.—Policies and procedures to be established pursuant to paragraph
(1) of this subsection shall prohibit, at a minimum, the diversion of airport revenues (except
as authorized under subsection (b) of this section) through—
(A) direct payments or indirect payments,
other than payments reflecting the value of
services and facilities provided to the airport;
(B) use of airport revenues for general economic development, marketing, and promotional activities unrelated to airports or
airport systems;
(C) payments in lieu of taxes or other assessments that exceed the value of services
provided; or
(D) payments to compensate nonsponsoring governmental bodies for lost tax revenues exceeding stated tax rates.
(3) EFFORTS TO BE SELF-SUSTAINING.—With
respect to subsection (a)(13) of this section,
policies and procedures to be established pursuant to paragraph (1) of this subsection shall
take into account, at a minimum, whether
owners and operators of airports, when entering into new or revised agreements or otherwise establishing rates, charges, and fees, have
undertaken reasonable efforts to make their
particular airports as self-sustaining as possible under the circumstances existing at such
airports.
(4) ADMINISTRATIVE SAFEGUARDS.—Policies
and procedures to be established pursuant to
paragraph (1) shall mandate internal controls,
auditing requirements, and increased levels of
Department of Transportation personnel sufficient to respond fully and promptly to complaints received regarding possible violations
of subsections (a)(13) and (b) of this section
and grant assurances made under such subsections and to alert the Secretary to such
possible violations.
(5) STATUTE OF LIMITATIONS.—In addition to
the statute of limitations specified in subsection (n)(7), with respect to project grants
made under this chapter—
(A) any request by a sponsor or any other
governmental entity to any airport for addi-

§ 47107

TITLE 49—TRANSPORTATION

tional payments for services conducted off of
the airport or for reimbursement for capital
contributions or operating expenses shall be
filed not later than 6 years after the date on
which the expense is incurred; and
(B) any amount of airport funds that are
used to make a payment or reimbursement
as described in subparagraph (A) after the
date specified in that subparagraph shall be
considered to be an illegal diversion of airport revenues that is subject to subsection
(n).
(m) AUDIT CERTIFICATION.—
(1) IN GENERAL.—The Secretary of Transportation, acting through the Administrator of
the Federal Aviation Administration, shall include a provision in the compliance supplement provisions to require a recipient of a
project grant (or any other recipient of Federal financial assistance that is provided for
an airport) to include as part of an annual
audit conducted under sections 7501 through
7505 of title 31, a review concerning the funding activities with respect to an airport that is
the subject of the project grant (or other Federal financial assistance) and the sponsors,
owners, or operators (or other recipients) involved.
(2) CONTENT OF REVIEW.—A review conducted
under paragraph (1) shall provide reasonable
assurances that funds paid or transferred to
sponsors are paid or transferred in a manner
consistent with the applicable requirements of
this chapter and any other applicable provision of law (including regulations promulgated
by the Secretary or the Administrator).
OF
ILLEGALLY
DIVERTED
(n)
RECOVERY
FUNDS.—
(1) IN GENERAL.—Not later than 180 days
after the issuance of an audit or any other report that identifies an illegal diversion of airport revenues (as determined under subsections (b) and (l) and section 47133), the Secretary, acting through the Administrator,
shall—
(A) review the audit or report;
(B) perform appropriate factfinding; and
(C) conduct a hearing and render a final
determination concerning whether the illegal diversion of airport revenues asserted in
the audit or report occurred.

(2) NOTIFICATION.—Upon making such a finding, the Secretary, acting through the Administrator, shall provide written notification to
the sponsor and the airport of—
(A) the finding; and
(B) the obligations of the sponsor to reimburse the airport involved under this paragraph.
(3) ADMINISTRATIVE ACTION.—The Secretary
may withhold any amount from funds that
would otherwise be made available to the
sponsor, including funds that would otherwise
be made available to a State, municipality, or
political subdivision thereof (including any
multimodal transportation agency or transit
authority of which the sponsor is a member
entity) as part of an apportionment or grant
made available pursuant to this title, if the
sponsor—

Page 1028

(A) receives notification that the sponsor
is required to reimburse an airport; and
(B) has had an opportunity to reimburse
the airport, but has failed to do so.
(4) CIVIL ACTION.—If a sponsor fails to pay an
amount specified under paragraph (3) during
the 180-day period beginning on the date of notification and the Secretary is unable to withhold a sufficient amount under paragraph (3),
the Secretary, acting through the Administrator, may initiate a civil action under which
the sponsor shall be liable for civil penalty in
an amount equal to the illegal diversion in
question plus interest (as determined under
subsection (o)).
(5) DISPOSITION OF PENALTIES.—
(A) AMOUNTS WITHHELD.—The Secretary or
the Administrator shall transfer any
amounts withheld under paragraph (3) to the
Airport and Airway Trust Fund.
(B) CIVIL PENALTIES.—With respect to any
amount collected by a court in a civil action
under paragraph (4), the court shall cause to
be transferred to the Airport and Airway
Trust Fund any amount collected as a civil
penalty under paragraph (4).
(6) REIMBURSEMENT.—The Secretary, acting
through the Administrator, shall, as soon as
practicable after any amount is collected from
a sponsor under paragraph (4), cause to be
transferred from the Airport and Airway Trust
Fund to an airport affected by a diversion that
is the subject of a civil action under paragraph
(4), reimbursement in an amount equal to the
amount that has been collected from the sponsor under paragraph (4) (including any amount
of interest calculated under subsection (o)).
(7) STATUTE OF LIMITATIONS.—No person may
bring an action for the recovery of funds illegally diverted in violation of this section (as
determined under subsections (b) and (l)) or
section 47133 after the date that is 6 years
after the date on which the diversion occurred.
(o) INTEREST.—
(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary, acting through the
Administrator, shall charge a minimum annual rate of interest on the amount of any illegal diversion of revenues referred to in subsection (n) in an amount equal to the average
investment interest rate for tax and loan accounts of the Department of the Treasury (as
determined by the Secretary of the Treasury)
for the applicable calendar year, rounded to
the nearest whole percentage point.
(2) ADJUSTMENT OF INTEREST RATES.—If, with
respect to a calendar quarter, the average investment interest rate for tax and loan accounts of the Department of the Treasury exceeds the average investment interest rate for
the immediately preceding calendar quarter,
rounded to the nearest whole percentage
point, the Secretary of the Treasury may adjust the interest rate charged under this subsection in a manner that reflects that change.
(3) ACCRUAL.—Interest assessed under subsection (n) shall accrue from the date of the
actual illegal diversion of revenues referred to
in subsection (n).

Page 1029

§ 47107

TITLE 49—TRANSPORTATION

(4) DETERMINATION OF APPLICABLE RATE.—
The applicable rate of interest charged under
paragraph (1) shall—
(A) be the rate in effect on the date on
which interest begins to accrue under paragraph (3); and
(B) remain at a rate fixed under subparagraph (A) during the duration of the indebtedness.
(p) PAYMENT BY AIRPORT TO SPONSOR.—If, in
the course of an audit or other review conducted
under this section, the Secretary or the Administrator determines that an airport owes a sponsor funds as a result of activities conducted by
the sponsor or expenditures by the sponsor for
the benefit of the airport, interest on that
amount shall be determined in the same manner
as provided in paragraphs (1) through (4) of subsection (o), except that the amount of any interest assessed under this subsection shall be determined from the date on which the Secretary or
the Administrator makes that determination.
(q) Notwithstanding any written assurances
prescribed in subsections (a) through (p), a general aviation airport with more than 300,000 annual operations may be exempt from having to
accept scheduled passenger air carrier service,
provided that the following conditions are met:
(1) No scheduled passenger air carrier has
provided service at the airport within 5 years
prior to January 1, 2002.
(2) The airport is located within or underneath the Class B airspace of an airport that
maintains an airport operating certificate pursuant to section 44706 of title 49.
(3) The certificated airport operating under
section 44706 of title 49 does not contribute to
significant passenger delays as defined by
DOT/FAA in the ‘‘Airport Capacity Benchmark Report 2001’’.
(r) An airport that meets the conditions of
subsections (q)(1) through (3) is not subject to
section 47524 of title 49 with respect to a prohibition on all scheduled passenger service.
(s) COMPETITION DISCLOSURE REQUIREMENT.—
(1) IN GENERAL.—The Secretary of Transportation may approve an application under this
subchapter for an airport development project
grant for a large hub airport or a medium hub
airport only if the Secretary receives assurances that the airport sponsor will provide the
information required by paragraph (2) at such
time and in such form as the Secretary may
require.
(2) COMPETITIVE ACCESS.—On February 1 and
August 1 of each year, an airport that during
the previous 6-month period has been unable
to accommodate one or more requests by an
air carrier for access to gates or other facilities at that airport in order to provide service
to the airport or to expand service at the airport shall transmit a report to the Secretary
that—
(A) describes the requests;
(B) provides an explanation as to why the
requests could not be accommodated; and
(C) provides a time frame within which, if
any, the airport will be able to accommodate
the requests.
(3) SUNSET PROVISION.—This subsection shall
cease to be effective beginning April 1, 2010.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1256;
Pub. L. 103–305, title I, §§ 111(a), (c), 112(a), Aug.
23, 1994, 108 Stat. 1573, 1574; Pub. L. 104–264, title
I, § 143, title VIII, § 805(a), (b)(2), Oct. 9, 1996, 110
Stat. 3221, 3271, 3274; Pub. L. 104–287, § 5(9), (80),
Oct. 11, 1996, 110 Stat. 3389, 3397; Pub. L. 105–135,
title VI, § 604(h)(1), Dec. 2, 1997, 111 Stat. 2634;
Pub. L. 106–181, title I, § 125(a), Apr. 5, 2000, 114
Stat. 75; Pub. L. 107–217, § 3(n)(7), Aug. 21, 2002,
116 Stat. 1303; Pub. L. 108–7, div. I, title III,
§ 321(a), Feb. 20, 2003, 117 Stat. 411; Pub. L. 108–11,
title II, § 2702, Apr. 16, 2003, 117 Stat. 600; Pub. L.
108–176, title I, §§ 144, 164, 165, title IV, § 424, Dec.
12, 2003, 117 Stat. 2503, 2513, 2514, 2554; Pub. L.
110–330, § 5(e), Sept. 30, 2008, 122 Stat. 3718; Pub.
L. 111–12, § 5(d), Mar. 30, 2009, 123 Stat. 1458; Pub.
L. 111–69, § 5(e), Oct. 1, 2009, 123 Stat. 2055; Pub.
L. 111–116, § 5(d), Dec. 16, 2009, 123 Stat. 3032.)
HISTORICAL AND REVISION NOTES
Revised
Section
47107(a) ......

Source (U.S. Code)
49 App.:2202(a)(6).

49 App.:2208(b)(1)(E)
(related to 49
App.:2210(a)
(1)–(11), (15), (16)).
49 App.:2210(a)(1)(A).

49 App.:2210(a)(1)(B),
(C), (2).
49 App.:2210(a)(3).

49 App.:2210(a)(4).

49 App.:2210(a)
(5)–(10).
49 App.:2210(a)(11).

49 App.:2210(a)(15).

49 App.:2210(a)(16).

47107(b)(1),
(2).

49 App.:2208(b)(1)(E)
(related to 49
App.:2210(a)(12)).
49 App.:2210(a)(12).

47107(b)(3) ..

49 App.:2210(d).

47107(c)(1),
(2).

49 App.:2202(a)(24).

49 App.:2208(b)(1)(E)
(related to 49
App.:2210(a)(13),
(14)).
49 App.:2210(a)(13).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§§ 503(a)(6),
505(b)(2),
509(b)(1)(E),
511(a)(1)(B),
(C), (2), (5)–(10), (b), 96
Stat. 673, 677, 683, 686, 687.

Sept. 3, 1982, Pub. L. 97–248,
§ 511(a)(1)(A), 96 Stat. 686;
Dec. 30, 1987, Pub. L.
100–223, § 109(a), 101 Stat.
1499.
Sept. 3, 1982, Pub. L. 97–248,
§ 511(a)(3), 96 Stat. 686;
Dec. 30, 1987, Pub. L.
100–223, § 109(b), 101 Stat.
1499.
Sept. 3, 1982, Pub. L. 97–248,
§ 511(a)(4), 96 Stat. 686; restated Dec. 30, 1987, Pub.
L. 100–223, § 109(c), 101
Stat. 1499.
Sept. 3, 1982, Pub. L. 97–248,
§ 511(a)(11), 96 Stat. 687;
Oct. 31, 1992, Pub. L.
102–581, § 113(a), 106 Stat.
4881.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 511(a)(15);
added Dec. 30, 1987, Pub.
L. 100–223, § 109(f), 101
Stat. 1500.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 511(a)(16);
added Dec. 30, 1987, Pub.
L. 100–223, § 109(g), 101
Stat. 1501.

Sept. 3, 1982, Pub. L. 97–248,
§ 511(a)(12), 96 Stat. 687;
restated Dec. 30, 1987,
Pub. L. 100–223, § 109(d),
101 Stat. 1499.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 511(d); added
Dec. 30, 1987, Pub. L.
100–223, § 109(i), 101 Stat.
1501.
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(24), 96 Stat. 674;
Dec. 30, 1987, Pub. L.
100–223,
§ 103(c)(1),
101
Stat. 1488.

Sept. 3, 1982, Pub. L. 97–248,
§ 511(a)(13), 96 Stat. 688;
restated Dec. 30, 1987,
Pub. L. 100–223, § 109(e),
101 Stat. 1499.

§ 47107

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)
49 App.:2210(a)(14).

47107(c)(3) ..
47107(d) ......

47107(e) ......

(no source).
49 App.:2204(b)(2).
49 App.:2208(b)(1)(E)
(related to 49
App.:2204(b)(2)).
49 App.:2208(b)(1)(E)
(related to 49
App.:2210(a)(17)).
49 App.:2210(a)(17).

49 App.:2210(h).

49 App.:2210 (note).
47107(f) .......

49 App.:2210(e).

47107(g)(1) ..

49 App.:2210(b) (1st,
2d sentences).
49 App.:2208(b)(1)(E)
(related to 49
App.:2210(b)).
49 App.:2210(f).

47107(g)(2) ..
47107(h) ......

47107(i) .......
47107(j)(1) ...

47107(j)(2) ...
47107(j)(3) ...
47107(j)(4) ...
47107(j)(5) ...
47107(j)(6) ...
47107(j)
(7)(A).
47107(j)
(7)(B).

49 App.:2210(b) (last
sentence).
49 App.:2210(g)(4)(B),
(D).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 511(a)(14), 96 Stat. 688;
Dec. 30, 1987, Pub. L.
100–223, § 109(e), 101 Stat.
1499; restated Dec. 15,
1989, Pub. L. 101–236, § 4,
103 Stat. 2061.

Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 511(a)(17);
added Dec. 30, 1987, Pub.
L. 100–223, § 109(h), 101
Stat. 1501; Oct. 31, 1992,
Pub. L. 102–581, § 117(a),
106 Stat. 4882.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 511(h); added
Oct. 31, 1992, Pub. L.
102–581, § 117(b), 106 Stat.
4882.
Oct. 31, 1992, Pub. L. 102–581,
§ 117(d), 106 Stat. 4883.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 511(e); added
Dec. 30, 1987, Pub. L.
100–223, § 109(j), 101 Stat.
1501.

Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 511(f); added
Dec. 30, 1987, Pub. L.
100–223, § 109(k), 101 Stat.
1502.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 511(g); added
May 4, 1990, Pub. L.
101–281, § 2, 104 Stat. 164.

49 App.:2210(g)(1),
(2)(B), (4)(A), (C).
49 App.:2210(g)(2)(C),
(D).
49 App.:2210(g)(2)(E).
49 App.:2210(g)(2)(F).
49 App.:2210(g)(2)(G).
49 App.:2210(g)(2)(A).
49 App.:2210(g)(3).

In subsection (a), before clause (1), the words ‘‘may
approve a project grant application under this subchapter for an airport development project only if’’ are
substituted for 49 App.:2208(b)(1)(E) (related to 49
App.:2210(a)) and the words ‘‘As a condition precedent
to approval of an airport development project contained in a project grant application submitted under
this chapter . . . shall’’ in 49 App.:2210(a) for clarity and
to eliminate unnecessary words. In clause (1), the words
‘‘to which the project relates’’ and ‘‘fair and’’ are omitted as surplus. In clause (2), before subclause (A), the
words ‘‘including the requirement that’’ are omitted as
unnecessary because of the restatement. The words
‘‘air carriers making similar use of the airport’’ are
substituted for ‘‘each air carrier using such airport
(whether as a tenant, nontenant, or subtenant of another air carrier tenant) . . . all such air carriers which
make similar use of such airport’’ to eliminate unnecessary words. The words ‘‘and which utilize similar facilities’’ are omitted because of the definition of ‘‘airport’’ in section 47102 of the revised title. The words
‘‘nondiscriminatory and’’ and ‘‘rates, fees, rentals, and
other’’ are omitted as surplus. In subclause (B), before
subclause (i), the words ‘‘except for differences based
on’’ are substituted for ‘‘subject to’’ for clarity. In
clause (3), the words ‘‘airport operator’’ are substituted
for ‘‘airport’’ for clarity and consistency in this chapter. In clause (4), before subclause (A), the words ‘‘a
right given to only one fixed-base operator to provide

Page 1030

services at an airport’’ are substituted for ‘‘the providing of services at an airport by a single fixed-based operator’’ for clarity. In subclause (B), the words ‘‘the
airport operator or owner’’ are substituted for ‘‘such
airport’’ for clarity and consistency in this subchapter.
Clause (5) is substituted for 49 App.:2210(a)(1)(B) for consistency and to eliminate unnecessary words. In clause
(6), the words ‘‘allowed by the airport operator’’ are
substituted for ‘‘authorized by the airport or permitted
by the airport’’ for clarity and consistency in this
chapter and to eliminate unnecessary words. In clause
(9), the words ‘‘operations at’’ are added for clarity.
The words ‘‘adequately’’, ‘‘removing, lowering, relocating, marking, or lighting or otherwise’’, and ‘‘the establishment or creation of’’ are omitted as surplus. In
clause (10), the word ‘‘near’’ is substituted for ‘‘in the
immediate vicinity of’’, and the word ‘‘uses’’ is substituted for ‘‘activities and purposes’’, to eliminate unnecessary words. The words ‘‘including landing and
takeoff of aircraft’’ are omitted as surplus. In clause
(12), the words ‘‘property interests of the sponsor in
land or water areas or buildings’’ are substituted for
‘‘any areas of land or water, or estate therein, or rights
in buildings of the sponsor’’ for consistency in the revised title and to eliminate unnecessary words. The
words ‘‘necessary or’’ are omitted as surplus. The words
‘‘for, and that will be used for, constructing . . . facilities for carrying out activities related to air traffic
control or navigation’’ are substituted for ‘‘for use in
connection with any air traffic control or navigation
activities, or weather-reporting and communication activities related to air traffic control . . . for construction . . . of space or facilities for such purposes’’ to
eliminate unnecessary words. In clause (13), before subclause (A), the words ‘‘schedule of charges’’ are substituted for ‘‘fee and rental structure’’ for clarity and
consistency in this chapter. In subclause (A), the word
‘‘particular’’ is omitted as surplus. The word ‘‘including’’ is substituted for ‘‘taking into account such factors as’’ to eliminate unnecessary words. In subclause
(B), the words ‘‘fees, rates, and’’ are omitted as surplus.
The words ‘‘airport development or airport planning’’
are omitted because of the definition of ‘‘project’’ in
section 47102 of the revised title. In clause (16), before
subclause (A), the words ‘‘maintain . . . current’’ are
substituted for ‘‘keep up to date at all times’’ to eliminate unnecessary words. In subclause (B), the words
‘‘be submitted to, and’’ and ‘‘amendment’’ are omitted
as surplus. In subclauses (C) and (D), the words
‘‘changes or’’ and ‘‘change or’’, respectively, are omitted as surplus. In subclause (D)(ii), the words ‘‘was
made’’ are added for clarity. In clause (17), the words
‘‘with respect to the project’’ are omitted as surplus. In
clause (18), the words ‘‘duly authorized agent of’’ are
omitted because of 49:322(b).
In subsection (b)(1), before clause (A), the words
‘‘may approve a project grant application under this
subchapter for an airport development project only if’’
are substituted for 49 App.:2208(b)(1)(E) (related to 49
App.:2210(a)(12)) and ‘‘As a condition precedent to approval of an airport development project contained in
a project grant application submitted under this chapter . . . shall’’ in 49 App.:2210(a) for clarity and to
eliminate unnecessary words. In clause (C) the word
‘‘actual’’ is omitted as surplus.
In subsection (b)(2), the words ‘‘Paragraph (1) of this
subsection does not apply’’ are substituted for ‘‘except
that . . . then this limitation on the use of all other
revenues generated by the airport . . . shall not apply’’
to eliminate unnecessary words. The word ‘‘law’’ is substituted for ‘‘provisions . . . in governing statutes’’ for
consistency in the revised title and to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words ‘‘considered to be’’ are omitted as surplus. In clause (B), the
words ‘‘department, agency, or instrumentality of the
Government’’ are substituted for ‘‘Federal agency’’ for
consistency in the revised title and with other titles of
the United States Code.
In subsection (c)(2), before clause (A), the words ‘‘may
approve an application under this subchapter for an

Page 1031

§ 47107

TITLE 49—TRANSPORTATION

airport development project grant only if’’ are substituted for 49 App.:2208(b)(1)(E) (related to 49
App.:2210(a)(13), (14)) and ‘‘As a condition precedent to
approval of an airport development project contained
in a project grant application submitted under this
chapter’’ in 49 App.:2210(a) for clarity and to eliminate
unnecessary words. The words ‘‘has received or will receive’’ are substituted for ‘‘before, on, or after December 30, 1987’’ and ‘‘before, on, or after December 31,
1987’’ because of the restatement. In clauses (A)(ii) and
(B)(ii), the words ‘‘or right’’ and ‘‘only’’ are omitted as
surplus. In clause (A)(iii), the words ‘‘at the discretion
of the Secretary’’ in 49 App.:2210(a)(13)(C) are omitted
as surplus. In clause (B)(iii), the words ‘‘under this subchapter’’ are substituted for ‘‘at that airport or within
the national airport system’’ for clarity and to eliminate unnecessary words.
Subsection (c)(3) is added for clarity.
In subsection (d), the words ‘‘may approve an application under this subchapter for an airport development
project grant . . . only if’’ are substituted for 49
App.:2208(b)(1)(E) (related to 49 App.:2204(b)(2)) and ‘‘No
obligation shall be incurred by the Secretary for airport development . . . unless’’ in 49 App.:2204(b) for
clarity and to eliminate unnecessary words.
In subsection (e)(1), the words ‘‘may approve a project
grant application under this subchapter for an airport
development project only if’’ are substituted for 49
App.:2208(b)(1)(E) (related to 49 App.:2210(a)(17)) and ‘‘As
a condition precedent to approval of an airport development project contained in a project grant application
submitted under this chapter . . . shall’’ for clarity and
to eliminate unnecessary words. The words ‘‘food, beverages, printed materials, or other’’ and ‘‘ground transportation, baggage carts, automobile rentals, or other’’
are omitted as surplus.
In subsection (e)(2)–(5), the words ‘‘disadvantaged
business enterprise’’ are substituted for ‘‘DBE’’ for
clarity.
In subsection (e)(4), the words ‘‘(as defined by the
Secretary by regulation)’’ and ‘‘(as defined under section 2204(d)(2)(B) of this title)’’ are omitted as unnecessary because of paragraph (1) of this subsection.
In subsection (f)(2)(A), the words ‘‘at the discretion of
the Secretary’’ are omitted as surplus. The words ‘‘at
primary airports and reliever airports’’ are omitted as
surplus because 49 App.:2206(c)(2), restated in section
47115(c) of the revised title, involves only primary and
reliever airports.
In subsection (g)(1)(A), the words ‘‘consistent with
the terms of this chapter’’ are omitted as surplus.
In subsection (g)(1)(B), the words ‘‘Among other steps
to insure such compliance’’ and ‘‘on behalf of the
United States’’ are omitted as surplus.
In subsection (g)(2), the words ‘‘by or . . . the authority of’’ are omitted as surplus.
In subsection (h), before clause (1), the words ‘‘proposes to’’ are omitted as surplus. The word ‘‘subchapter’’ is substituted for ‘‘Act’’ in section 511(f) of
the Airport and Airway Improvement Act of 1982, as
added by section 109(k) of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law
100–223, 101 Stat. 1502), to correct a mistake.
In subsection (i), the words ‘‘a property interest in a
land or water area or a building that the Secretary of
Transportation uses to construct a facility’’ are substituted for ‘‘any area of land or water, or estate therein, or rights in buildings of the sponsor and constructs
space or facilities thereon’’ for consistency in this section.
In subsection (j)(2), the words ‘‘the limitation on the
use of revenues generated by airports contained in’’,
‘‘located’’, ‘‘of funds’’, and ‘‘(including revenues generated by such airports from other sources, unrestricted cash on hand, and Federal funds made available under this chapter for expenditure at such airports)’’ are omitted as surplus.
In subsection (j)(3)(A), the words ‘‘amount that is
greater than 150 percent as determined’’ are substituted
for ‘‘amount of the excess determined’’ for clarity.

In subsection (j)(3)(B), the words ‘‘in the aggregate’’
are omitted as surplus.
In subsection (j)(4), the word ‘‘imposed’’ is substituted for ‘‘levied’’ for consistency in the revised title
and with other titles of the Code. The words ‘‘for the
use of airport facilities’’ and ‘‘a percentage which is’’
are omitted as surplus. The words ‘‘Secretary of Labor’’
are substituted for ‘‘Bureau of Labor Statistics of the
Department of Labor’’ because of 29:551 and 557.
In subsection (j)(5), the words ‘‘from fee increases’’
and ‘‘for approval’’ are omitted as surplus.
REFERENCES IN TEXT
The Federal Airport Act, referred to in subsecs.
(a)(13)(B) and (i), is act May 13, 1946, ch. 251, 60 Stat. 170,
as amended, which was classified to chapter 14 (§ 1101 et
seq.) of former Title 49, Transportation, prior to repeal
by Pub. L. 91–258, title I, § 52(a), May 21, 1970, 84 Stat.
235.
The Airport and Airway Development Act of 1970, referred to in subsecs. (a)(13)(B) and (i), is title I of Pub.
L. 91–258, May 21, 1970, 84 Stat. 219, as amended, which
was classified principally to chapter 25 (§ 1701 et seq.) of
former Title 49, Transportation. Sections 1 through 30
of title I of Pub. L. 91–258, which enacted sections 1701
to 1703, 1711 to 1713, and 1714 to 1730 of former Title 49,
and a provision set out as a note under section 1701 of
former Title 49, were repealed by Pub. L. 97–248, title V,
§ 523(a), Sept. 3, 1982, 96 Stat. 695. Sections 31, 51, 52(a),
(b)(4), (6), (c), (d), and 53 of title I of Pub. L. 91–258 were
repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat.
1379, the first section of which enacted subtitles II, III,
and V to X of Title 49, Transportation. For complete
classification of this Act to the Code, see Tables. For
disposition of sections of former Title 49, see table at
the beginning of Title 49.
Section 3(p) of the Small Business Act, referred to in
subsec. (e)(1), (4)(B), (6), is classified to section 632(p) of
Title 15, Commerce and Trade.
Section 111(b) of the Federal Aviation Administration
Authorization Act of 1994, referred to in subsec. (k), is
section 111(b) of Pub. L. 103–305, which is set out below.
AMENDMENTS
2009—Subsec. (s)(3). Pub. L. 111–116 substituted ‘‘April
1, 2010.’’ for ‘‘January 1, 2010.’’
Pub. L. 111–69 substituted ‘‘January 1, 2010.’’ for ‘‘October 1, 2009.’’
Pub. L. 111–12 substituted ‘‘October 1, 2009.’’ for
‘‘April 1, 2009.’’
2008—Subsec. (s)(3). Pub. L. 110–330 substituted ‘‘April
1, 2009’’ for ‘‘October 1, 2008’’.
2003—Subsec. (a)(21). Pub. L. 108–176, § 165, added par.
(21).
Subsec. (c)(2)(A)(iii). Pub. L. 108–176, § 164, inserted before semicolon at end ‘‘, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by
the airport as part of a noise compatibility program’’.
Subsec. (l)(5)(A). Pub. L. 108–176, § 144(a), inserted ‘‘or
any other governmental entity’’ after ‘‘sponsor’’.
Subsec. (m)(1). Pub. L. 108–176, § 144(b)(1), (2), substituted ‘‘include a provision in the compliance supplement provisions to’’ for ‘‘promulgate regulations that’’
and struck out ‘‘and opinion of the review’’ before
‘‘concerning the funding activities’’.
Subsec. (m)(3). Pub. L. 108–176, § 144(b)(3), struck out
heading and text of par. (3). Text read as follows: ‘‘The
report submitted to the Secretary under this subsection shall include a specific determination and opinion regarding the appropriateness of the disposition of
airport funds paid or transferred to a sponsor.’’
Subsec. (q). Pub. L. 108–7 added subsec. (q).
Subsec. (q)(2). Pub. L. 108–11, § 2702(1), which directed
the amendment of subsec. (q)(2) of section 321 of Pub. L.
108–7 by inserting ‘‘or underneath’’ before ‘‘the Class B
airspace’’, was executed by making the insertion in
subsec. (q)(2) of this section, to reflect the probable intent of Congress.

§ 47107

TITLE 49—TRANSPORTATION

Subsec. (q)(3). Pub. L. 108–11, § 2702(2), (3), which directed the amendment of subsec. (q)(3) of section 321 of
Pub. L. 108–7 by striking out ‘‘has sufficient capacity
and’’ after ‘‘Title 49’’ and inserting ‘‘passenger’’ before
‘‘delays’’, was executed by inserting ‘‘passenger’’ before
‘‘delays’’ and striking out ‘‘has sufficient capacity and’’
after ‘‘title 49’’ in subsec. (q)(3) of this section, to reflect the probable intent of Congress.
Subsec. (r). Pub. L. 108–7 added subsec. (r).
Subsec. (s). Pub. L. 108–176, § 424, added subsec. (s).
2002—Subsec. (a)(17). Pub. L. 107–217 substituted
‘‘chapter 11 of title 40’’ for ‘‘title IX of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 541 et seq.)’’.
2000—Subsec. (h). Pub. L. 106–181 amended heading
and text of subsec. (h) generally. Prior to amendment,
text read as follows: ‘‘Before modifying an assurance
required of a person receiving a grant under this subchapter and in effect after December 29, 1987, or to require compliance with an additional assurance from
the person, the Secretary of Transportation must—
‘‘(1) publish notice of the proposed modification in
the Federal Register; and
‘‘(2) provide an opportunity for comment on the
proposal.’’
1997—Subsec. (e)(1). Pub. L. 105–135, § 604(h)(1)(A), inserted before period at end ‘‘or qualified HUBZone
small business concerns (as defined in section 3(p) of
the Small Business Act)’’.
Subsec. (e)(4)(B). Pub. L. 105–135, § 604(h)(1)(B), which
directed the amendment of subpar. (B) by inserting before the period ‘‘or as a qualified HUBZone small business concern (as defined in section 3(p) of the Small
Business Act)’’, was executed by inserting the material
before period at end of last sentence to reflect the probable intent of Congress.
Subsec. (e)(6). Pub. L. 105–135, § 604(h)(1)(C), inserted
‘‘or a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act)’’ after
‘‘disadvantaged individual’’.
1996—Subsec. (a)(20). Pub. L. 104–264, § 143, added par.
(20).
Subsec. (k). Pub. L. 104–287, § 5(9), substituted ‘‘Transportation and Infrastructure’’ for ‘‘Public Works and
Transportation’’.
Subsec. (l)(1). Pub. L. 104–287, § 5(80), substituted ‘‘August 23, 1994’’ for ‘‘the date of the enactment of this
subsection’’.
Subsec. (l)(5). Pub. L. 104–264, § 805(b)(2), added par. (5).
Subsecs. (m) to (p). Pub. L. 104–264, § 805(a), added subsecs. (m) to (p).
1994—Subsec. (a)(15). Pub. L. 103–305, § 111(a)(1), inserted before semicolon at end ‘‘and make such reports
available to the public’’.
Subsec. (a)(19). Pub. L. 103–305, § 111(a)(2)–(4), added
par. (19).
Subsec. (k). Pub. L. 103–305, § 111(c), added subsec. (k).
Subsec. (l). Pub. L. 103–305, § 112(a), added subsec. (l).
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–116 effective Jan. 1, 2010,
see section 5(j) of Pub. L. 111–116, set out as a note
under section 40117 of this title.
Amendment by Pub. L. 111–12 effective Apr. 1, 2009,
see section 5(j) of Pub. L. 111–12, set out as a note under
section 40117 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–330 effective Oct. 1, 2008,
see section 5(l) of Pub. L. 110–330, set out as a note
under section 40117 of this title.
EFFECTIVE DATE OF 2003 AMENDMENTS
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
Pub. L. 108–7, div. I, title III, § 321(b), Feb. 20, 2003, 117
Stat. 411, provided that: ‘‘This section [amending this

Page 1032

section] shall be effective upon enactment [Feb. 20,
2003], notwithstanding any other section of title 49.’’
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–135 effective Oct. 1, 1997,
see section 3 of Pub. L. 105–135, set out as a note under
section 631 of Title 15, Commerce and Trade.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
CONSTRUCTION OF 2000 AMENDMENT
Pub. L. 106–181, title I, § 125(e), Apr. 5, 2000, 114 Stat.
76, provided that: ‘‘Nothing in any amendment made by
this section [amending this section and sections 47125,
47151, and 47153 of this title] shall be construed to authorize the Secretary [of Transportation] to issue a
waiver or make a modification referred to in such
amendment.’’
DIVERSION OF AIRPORT REVENUES FOR CLAIMS
RELATED TO CERTAIN CEDED LANDS
Pub. L. 105–66, title III, § 340, Oct. 27, 1997, 111 Stat.
1448, provided that:
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) Congress has the authority under article I, section 8 of the Constitution to regulate the air commerce of the United States;
‘‘(2) section 47107 of title 49, United States Code,
prohibits the diversion of certain revenue generated
by a public airport as a condition of receiving a
project grant;
‘‘(3) a grant recipient that uses airport revenues for
purposes that are not airport-related in a manner inconsistent with chapter 471 of title 49, United States
Code, illegally diverts airport revenues;
‘‘(4) illegal diversion of airport revenues undermines the interest of the United States in promoting
a strong national air transportation system;
‘‘(5) the policy of the United States that airports
should be as self-sustaining as possible and that revenues generated at airports should not be diverted
from airport purposes was stated by Congress in 1982
and reaffirmed and strengthened in 1987, 1994, and
1996;
‘‘(6) certain airports are constructed on lands that
may have belonged, at one time, to Native Americans, Native Hawaiians, or Alaska Natives;
‘‘(7) contrary to the prohibition against diverting
airport revenues from airport purposes under section
47107 of title 49, United States Code, certain payments from airport revenues may have been made for
the betterment of Native Americans, Native Hawaiians, or Alaska Natives based upon the claims related
to lands ceded to the United States;
‘‘(8) Federal law prohibits diversions of airport revenues obtained from any source whatsoever to occur
in the future whether related to claims for periods of
time prior to or after the date of enactment of this
Act [Oct. 27, 1997]; and
‘‘(9) because of the special circumstances surrounding such past diversions of airport revenues for the
betterment of Native Americans, Native Hawaiians,
or Alaska Natives, it is in the national interest that
amounts from airport revenues previously received
by any entity for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, as specified in subsection (b) of this section, should not be
subject to repayment.

Page 1033

TITLE 49—TRANSPORTATION

‘‘(b) TERMINATION OF REPAYMENT RESPONSIBILITY.—
Notwithstanding the provisions of [section] 47107 of
title 49, United States Code, or any other provision of
law, monies paid for claims related to ceded lands and
diverted from airport revenues and received prior to
April 1, 1996, by any entity for the betterment of Native
Americans, Native Hawaiians, or Alaska Natives, shall
not be subject to repayment.
‘‘(c) PROHIBITION ON FURTHER DIVERSION.—There shall
be no further payment of airport revenues for claims
related to ceded lands, whether characterized as operating expenses, rent, or otherwise, and whether related
to claims for periods of time prior to or after the date
of enactment of this Act [Oct. 27, 1997].
‘‘(d) CLARIFICATION.—Nothing in this Act [see Tables
for classification] shall be construed to affect any existing Federal statutes, enactments, or trust obligations created thereunder, or any statute of the several
States that define the obligations of such States to Native Americans, Native Hawaiians, or Alaska Natives in
connection with ceded lands, except to make clear that
airport revenues may not be used to satisfy such obligations.’’
FINDINGS AND PURPOSE
Section 802 of title VIII of Pub. L. 104–264 provided
that:
‘‘(a) IN GENERAL.—Congress finds that—
‘‘(1) section 47107 of title 49, United States Code,
prohibits the diversion of certain revenue generated
by a public airport as a condition of receiving a
project grant;
‘‘(2) a grant recipient that uses airport revenue for
purposes that are not airport related in a manner inconsistent with chapter 471 of title 49, United States
Code, illegally diverts airport revenues;
‘‘(3) any diversion of airport revenues in violation
of the condition referred to in paragraph (1) undermines the interest of the United States in promoting
a strong national air transportation system that is
responsive to the needs of airport users;
‘‘(4) the Secretary and the Administrator have not
enforced airport revenue diversion rules adequately
and must have additional regulatory tools to increase
enforcement efforts; and
‘‘(5) sponsors who have been found to have illegally
diverted airport revenues—
‘‘(A) have not reimbursed or made restitution to
airports in a timely manner; and
‘‘(B) must be encouraged to do so.
‘‘(b) PURPOSE.—The purpose of this title [see Short
Title of 1996 Amendment note set out under section
40101 of this title] is to ensure that airport users are
not burdened with hidden taxation for unrelated municipal services and activities by—
‘‘(1) eliminating the ability of any State or political subdivision thereof that is a recipient of a project
grant to divert airport revenues for purposes that are
not related to an airport, in violation of section 47107
of title 49, United States Code;
‘‘(2) imposing financial reporting requirements that
are designed to identify instances of illegal diversions
referred to in paragraph (1);
‘‘(3) establishing a statute of limitations for airport
revenue diversion actions;
‘‘(4) clarifying limitations on revenue diversion
that are permitted under chapter 471 of title 49,
United States Code; and
‘‘(5) establishing clear penalties and enforcement
mechanisms for identifying and prosecuting airport
revenue diversion.’’
DEFINITIONS
Section 803 of title VIII of Pub. L. 104–264 provided
that: ‘‘For purposes of this title [see Short Title of 1996
Amendment note set out under section 40101 of this
title], the following definitions apply:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the Federal Aviation Administration.

§ 47108

‘‘(2) AIRPORT.—The term ‘airport’ has the meaning
provided that term in section 47102(2) of title 49,
United States Code.
‘‘(3) PROJECT GRANT.—The term ‘project grant’ has
the meaning provided that term in section 47102(14) of
title 49, United States Code.
‘‘(4) SECRETARY.—The term ‘Secretary’ means the
Secretary of Transportation.
‘‘(5) SPONSOR.—The term ‘sponsor’ has the meaning
provided that term in section 47102(19) of title 49,
United States Code.’’
REVISION OF POLICIES AND PROCEDURES; DEADLINES
Section 805(b)(1) of title VIII of Pub. L. 104–264 provided that: ‘‘Not later than 90 days after the date of the
enactment of this Act [Oct. 9, 1996], the Secretary, acting through the Administrator, shall revise the policies
and procedures established under section 47107(l) of
title 49, United States Code, to take into account the
amendments made to that section by this title.’’
FORMAT FOR REPORTING
Section 111(b) of Pub. L. 103–305 provided that: ‘‘Within 180 days after the date of the enactment of this Act
[Aug. 23, 1994], the Secretary [of Transportation] shall
prescribe a uniform simplified format for reporting
that is applicable to airports. Such format shall be designed to enable the public to understand readily how
funds are collected and spent at airports, and to provide sufficient information relating to total revenues,
operating expenditures, capital expenditures, debt service payments, contributions to restricted funds, accounts, or reserves required by financing agreements or
covenants or airport lease or use agreements or covenants. Such format shall require each commercial
service airport to report the amount of any revenue
surplus, the amount of concession-generated revenue,
and other information as required by the Secretary.’’

§ 47108. Project grant agreements
(a) OFFER AND ACCEPTANCE.—On approving a
project grant application under this subchapter,
the Secretary of Transportation shall offer the
sponsor a grant to pay the United States Government’s share of the project costs allowable
under section 47110 of this title. The Secretary
may impose terms on the offer that the Secretary considers necessary to carry out this subchapter and regulations prescribed under this
subchapter. An offer shall state the obligations
to be assumed by the sponsor and the maximum
amount the Government will pay for the project
from the amounts authorized under chapter 481
of this title (except sections 48102(e), 48106, 48107,
and 48110). At the request of the sponsor, an
offer of a grant for a project that will not be
completed in one fiscal year shall provide for
the obligation of amounts apportioned or to be
apportioned to a sponsor under section 47114(c)
or 47114(d)(3)(A) of this title for the fiscal years
necessary to pay the Government’s share of the
cost of the project. An offer that is accepted in
writing by the sponsor is an agreement binding
on the Government and the sponsor. The Government may pay or be obligated to pay a
project cost only after a grant agreement for the
project is signed.
(b) INCREASING GOVERNMENT’S SHARE UNDER
THIS SUBCHAPTER OR CHAPTER 475.—(1) When an
offer has been accepted in writing, the amount
stated in the offer as the maximum amount the
Government will pay may be increased only as
provided in paragraphs (2) and (3) of this subsection.

§ 47108

TITLE 49—TRANSPORTATION

(2)(A) For a project receiving assistance under
a grant approved under the Airport and Airway
Improvement Act of 1982 before October 1, 1987,
the amount may be increased by not more
than—
(i) 10 percent for an airport development
project, except a project for acquiring an interest in land; and
(ii) 50 percent of the total increase in allowable project costs attributable to acquiring an
interest in land, based on current creditable
appraisals.
(B) An increase under subparagraph (A) of this
paragraph may be paid only from amounts the
Government recovers from other grants made
under this subchapter.
(3) For a project receiving assistance under a
grant approved under the Act, this subchapter,
or chapter 475 of this title after September 30,
1987, the amount may be increased—
(A) for an airport development project, by
not more than 15 percent; and
(B) for a grant after September 30, 1992, to
acquire an interest in land for an airport (except a primary airport), by not more than the
greater of the following, based on current
creditable appraisals or a court award in a
condemnation proceeding:
(i) 15 percent; or
(ii) 25 percent of the total increase in allowable project costs attributable to acquiring an interest in land.
(c) INCREASING GOVERNMENT’S SHARE UNDER
AIRPORT AND AIRWAY DEVELOPMENT ACT OF
1970.—For a project receiving assistance under a
grant made under the Airport and Airway Development Act of 1970, the maximum amount the
Government will pay may be increased by not
more than 10 percent. An increase under this
subsection may be paid only from amounts the
Government recovers from other grants made
under the Act.
(d) CHANGING WORKSCOPE.—With the consent of
the sponsor, the Secretary may amend a grant
agreement made under this subchapter to
change the workscope of a project financed
under the grant if the amendment does not result in an increase in the maximum amount the
Government may pay under subsection (b) of
this section.
(e) CHANGE IN AIRPORT STATUS.—
(1)
CHANGES
TO
NONPRIMARY
AIRPORT
STATUS.—If the status of a primary airport
changes to a nonprimary airport at a time
when a development project under a multiyear
agreement under subsection (a) is not yet
completed, the project shall remain eligible
for funding from discretionary funds under
section 47115 at the funding level and under
the terms provided by the agreement, subject
to the availability of funds.
(2) CHANGES TO NONCOMMERCIAL SERVICE AIRPORT STATUS.—If the status of a commercial
service airport changes to a noncommercial
service airport at a time when a terminal development project under a phased-funding arrangement is not yet completed, the project
shall remain eligible for funding from discretionary funds under section 47115 at the funding level and under the terms provided by the

Page 1034

arrangement subject to the availability of
funds.
(3) CHANGES TO NONHUB PRIMARY STATUS.—If
the status of a nonhub primary airport
changes to a small hub primary airport at a
time when the airport has received discretionary funds under this chapter for a terminal development project in accordance with
section 47110(d)(2), and the project is not yet
completed, the project shall remain eligible
for funding from the discretionary fund and
the small airport fund to pay costs allowable
under section 47110(d). Such project shall remain eligible for such funds for three fiscal
years after the start of construction of the
project, or if the Secretary determines that a
further extension of eligibility is justified,
until the project is completed.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1262;
Pub. L. 106–181, title I, § 135(c), Apr. 5, 2000, 114
Stat. 84; Pub. L. 108–176, title I, § 149(a), Dec. 12,
2003, 117 Stat. 2505; Pub. L. 109–115, div. A, title
I, § 176(a), Nov. 30, 2005, 119 Stat. 2427.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47108(a) ......

49 App.:2211(a).

47108(b) ......

49 App.:2211(b).

47108(c) ......
47108(d) ......

49 App.:2211(c).
49 App.:2211(d).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 512(a), 96 Stat. 688; Dec.
30, 1987, Pub. L. 100–223,
§§ 106(b)(4), 110(c), 101 Stat.
1498, 1502.
Sept. 3, 1982, Pub. L. 97–248,
§ 512(b), 96 Stat. 688; restated Dec. 30, 1987, Pub.
L. 100–223, § 110(a), 101
Stat. 1502; Oct. 31, 1992,
Pub. L. 102–581, § 109, 106
Stat. 4879.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 512(d); added
Dec. 30, 1987, Pub. L.
100–223, § 110(b), 101 Stat.
1502.

In subsection (a), the words ‘‘on behalf of the United
States’’ are omitted as surplus. The words ‘‘or sponsors’’ are omitted because of 1:1. The words ‘‘of the application’’ are omitted as surplus. The words ‘‘under
section 47110 of this title’’ are added for clarity. The
words ‘‘and conditions’’ are omitted as being included
in ‘‘terms’’. The words ‘‘for the project’’ are added for
clarity. The words ‘‘an offer of a grant for a project’’
are substituted for ‘‘In any case where the Secretary
approves a project grant application for a project . . .
the offer’’ to eliminate unnecessary words. The words
‘‘(including future fiscal years)’’ are omitted as surplus.
The words ‘‘An offer that is accepted in writing by the
sponsor is an agreement binding on the Government
and the sponsor’’ are substituted for ‘‘If and when an
offer is accepted in writing by the sponsor, the offer
and acceptance shall comprise an agreement constituting an obligation of the United States and of the sponsor’’ to eliminate unnecessary words. The words ‘‘which
have been or may be incurred’’ are omitted as surplus.
In subsection (b)(1), the words ‘‘by a sponsor’’ are
omitted as surplus. The words ‘‘amount the Government will pay’’ are substituted for ‘‘obligation of the
United States’’ for clarity and consistency in this section.
In subsection (b)(2), the text of 49 App.:2211(b)(2) (last
sentence) is restated to apply only to 49 App.:2211(b)(2)
(1st sentence) to carry out the probable intent of Congress.
In subsection (b)(3)(B), the words ‘‘for fiscal year 1993
and thereafter’’ are omitted as unnecessary.
In subsection (c), the words ‘‘Notwithstanding any
other provision of law’’ are omitted as surplus. The
words ‘‘a project receiving assistance under’’ are added
for consistency.

Page 1035

TITLE 49—TRANSPORTATION

In subsection (d), the word ‘‘sponsor’’ is substituted
for ‘‘grant recipient’’ for clarity. The words ‘‘amount
the Government may pay’’ are substituted for ‘‘obligation of the United States authorized’’ for clarity and
consistency in this section.
REFERENCES IN TEXT
The Airport and Airway Improvement Act of 1982, referred to in subsec. (b)(2)(A), (3), is title V of Pub. L.
97–248, Sept. 3, 1982, 96 Stat. 671, as amended, which was
classified principally to chapter 31 (§ 2201 et seq.) of
former Title 49, Transportation, and was substantially
repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat.
1379, and reenacted by the first section thereof as this
subchapter.
The Airport and Airway Development Act of 1970, referred to in subsec. (c), is title I of Pub. L. 91–258, May
21, 1970, 84 Stat. 219, as amended, which was classified
principally to chapter 25 (§ 1701 et seq.) of former Title
49. Sections 1 through 30 of title I of Pub. L. 91–258,
which enacted sections 1701 to 1703, 1711 to 1713, and
1714 to 1730 of former Title 49, and a provision set out
as a note under section 1701 of former Title 49, were repealed by Pub. L. 97–248, title V, § 523(a), Sept. 3, 1982,
96 Stat. 695. Sections 31, 51, 52(a), (b)(4), (6), (c), (d), and
53 of title I of Pub. L. 91–258 were repealed by Pub. L.
103–272, § 7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of
Title 49, Transportation. For complete classification of
this Act to the Code, see Tables. For disposition of sections of former Title 49, see table at the beginning of
Title 49.
AMENDMENTS
2005—Subsec. (e)(3). Pub. L. 109–115 added par. (3).
2003—Subsec. (a). Pub. L. 108–176 inserted ‘‘or
47114(d)(3)(A)’’ after ‘‘under section 47114(c)’’.
2000—Subsec. (e). Pub. L. 106–181 added subsec. (e).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
LAND ACQUISITION COSTS
Pub. L. 107–71, title I, § 143, Nov. 19, 2001, 115 Stat. 644,
provided that: ‘‘In the case of a grant for land acquisition issued to an airport under chapter 471 of title 49,
United States Code, prior to January 1, 1995, the Secretary of Transportation may waive the provisions of
section 47108 of such title and provide an upward adjustment in the maximum obligation of the United
States under that chapter to assist the airport in funding land acquisition costs (and associated eligible
costs) that increased as a result of a judicial order.’’
[For definitions of ‘‘airport’’ and ‘‘United States’’
used in section 143 of Pub. L. 107–71, set out above, see
section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]

§ 47109. United States Government’s share of
project costs
(a) GENERAL.—Except as provided in subsection (b) or subsection (c) of this section, the
United States Government’s share of allowable
project costs is—
(1) 75 percent for a project at a primary airport having at least .25 percent of the total
number of passenger boardings each year at
all commercial service airports;

§ 47109

(2) not more than 90 percent for a project
funded by a grant issued to and administered
by a State under section 47128, relating to the
State block grant program;
(3) 90 percent for a project at any other airport;
(4) 70 percent for a project funded by the Administrator from the discretionary fund under
section 47115 at an airport receiving an exemption under section 47134; and
(5) for fiscal year 2002, 100 percent for a
project described in section 47102(3)(J),
47102(3)(K), or 47102(3)(L).1
(b) INCREASED GOVERNMENT SHARE.—If, under
subsection (a) of this section, the Government’s
share of allowable costs of a project in a State
containing unappropriated and unreserved public lands and nontaxable Indian lands (individual
and tribal) of more than 5 percent of the total
area of all lands in the State, is less than the
share applied on June 30, 1975, under section
17(b) of the Airport and Airway Development
Act of 1970, the Government’s share under subsection (a) of this section shall be increased by
the lesser of—
(1) 25 percent;
(2) one-half of the percentage that the area
of unappropriated and unreserved public lands
and nontaxable Indian lands in the State is of
the total area of the State; or
(3) the percentage necessary to increase the
Government’s share to the percentage that applied on June 30, 1975, under section 17(b) of
the Act.
(c) GRANDFATHER RULE.—
(1) IN GENERAL.—In the case of any project
approved after September 30, 2003, at a small
hub airport or nonhub airport that is located
in a State containing unappropriated and unreserved public lands and nontaxable Indian
lands (individual and tribal) of more than 5
percent of the total area of all lands in the
State, the Government’s share of allowable
costs of the project shall be increased by the
same ratio as the basic share of allowable
costs of a project divided into the increased
(Public Lands States) share of allowable costs
of a project as shown on documents of the Federal Aviation Administration dated August 3,
1979, at airports for which the general share
was 80 percent on August 3, 1979. This subsection shall apply only if—
(A) the State contained unappropriated
and unreserved public lands and nontaxable
Indian lands of more than 5 percent of the
total area of all lands in the State on August
3, 1979; and
(B) the application under subsection (b),
does not increase the Government’s share of
allowable costs of the project.
(2) LIMITATION.—The Government’s share of
allowable project costs determined under this
subsection shall not exceed the lesser of 93.75
percent or the highest percentage Government
share applicable to any project in any State
under subsection (b).
(d) SPECIAL RULE FOR PRIVATELY OWNED REAIRPORTS.—If a privately owned reliever

LIEVER
1 See

References in Text note below.

§ 47110

TITLE 49—TRANSPORTATION

airport contributes any lands, easements, or
rights-of-way to carry out a project under this
subchapter, the current fair market value of
such lands, easements, or rights-of-way shall be
credited toward the non-Federal share of allowable project costs.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1264;
Pub. L. 103–305, title I, § 114, Aug. 23, 1994, 108
Stat. 1579; Pub. L. 104–264, title I, § 149(c), title
XII, § 1211, Oct. 9, 1996, 110 Stat. 3227, 3282; Pub.
L. 106–181, title I, § 126, Apr. 5, 2000, 114 Stat. 76;
Pub. L. 107–71, title I, § 119(a)(4), Nov. 19, 2001, 115
Stat. 629; Pub. L. 108–176, title I, §§ 162, 163, Dec.
12, 2003, 117 Stat. 2513.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47109(a) ......

49 App.:2209(a), (b).

47109(b) ......
47109(c) ......

49 App.:2209(c).
49 App.:2212(b)(5).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 510, 96 Stat. 685.
Sept. 3, 1982, Pub. L. 97–248,
§ 513(b)(5), 96 Stat. 691;
Dec. 30, 1987, Pub. L.
100–223,
§ 111(a)(2),
101
Stat. 1503; Oct. 31, 1992,
Pub. L. 102–581, § 110(b), 106
Stat. 4880.

In subsection (a), before clause (1), the words ‘‘Except
as provided in subsections (b) and (c) of this section’’
are substituted for ‘‘Except as otherwise provided in
this chapter’’ because subsections (b) and (c) restate
the only parts of the chapter that provide exceptions to
the general rule stated in subsection (a). In clauses (1)
and (2), the words ‘‘for a project’’ are substituted for
‘‘payable on account of any project contained in an approved project grant application submitted in accordance with this chapter’’ in 49 App.:2209(a) and ‘‘payable
on account of any project contained in an approved
project grant application’’ in 49 App.:2209(b) for consistency in this chapter and to eliminate unnecessary
words. A project cost is allowable only if it is incurred
under a grant agreement made under the chapter, and
a grant agreement may be made only if the project
grant application is approved. In clause (1), the words
‘‘number of passenger boardings’’ are substituted for
‘‘enplaning . . . of the . . . passengers enplaned’’ because of the definition of ‘‘passenger boardings’’ in section 47102 of the revised title.
In subsection (b), the words ‘‘If, under subsection (a)
of this section, the Government’s share of allowable
costs . . . is less than the share applied on June 30, 1975,
under section 17(b) of the Airport and Airway Development Act of 1970’’ and ‘‘(3) the percentage necessary to
increase the Government’s share to the percentage that
applied on June 30, 1975, under section 17(b) of the Act’’
are substituted for 49 App.:2209(c) (last sentence) for
clarity. The words ‘‘of the total of all lands therein’’
are omitted as surplus.
In subsection (c), the words ‘‘Notwithstanding subsections (a) and (b) of this section’’ are substituted for
‘‘Notwithstanding any other provision of this chapter’’
because subsections (a) and (b) are the only other parts
of the chapter that specify the United States Government’s share of allowable project costs.
REFERENCES IN TEXT
Subpars. (J), (K), and (L) of section 47102(3), referred
to in subsec. (a)(5), were repealed and new subpars. (J),
(K), and (L) were added or designated, by Pub. L.
108–176, title I, § 159(b)(1), Dec. 12, 2003, 117 Stat. 2510.
Section 17(b) of the Airport and Airway Development
Act of 1970, referred to in subsec. (b), is section 17(b) of
Pub. L. 91–258, which was classified to section 1717(b) of
former Title 49, Transportation, prior to repeal by Pub.
L. 97–248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695.

Page 1036
AMENDMENTS

2003—Subsec. (a). Pub. L. 108–176, § 162(b), substituted
‘‘Except as provided in subsection (b) or subsection (c)’’
for ‘‘Except as provided in subsection (b)’’ in introductory provisions.
Subsec. (a)(4). Pub. L. 108–176, § 163, substituted ‘‘70
percent’’ for ‘‘40 percent’’.
Subsecs. (c), (d). Pub. L. 108–176, § 162(a), added subsec.
(c) and redesignated former subsec. (c) as (d).
2001—Subsec. (a)(5). Pub. L. 107–71 added par. (5).
2000—Subsec. (a)(2) to (4). Pub. L. 106–181 added par.
(2) and redesignated former pars. (2) and (3) as (3) and
(4), respectively.
1996—Subsec. (a)(3). Pub. L. 104–264, § 149(c), added par.
(3).
Subsec. (c). Pub. L. 104–264, § 1211, added subsec. (c).
1994—Subsec. (a). Pub. L. 103–305, § 114(1), substituted
‘‘subsection (b)’’ for ‘‘subsections (b) and (c)’’.
Subsec. (c). Pub. L. 103–305, § 114(2), struck out subsec.
(c) which read as follows: ‘‘(c) LIMITATION.—Notwithstanding subsections (a) and (b) of this section, the
Government’s share of project costs allowable under
section 47110(d) of this title may not be more than 75
percent, except that the Government’s share shall be 85
percent for a project at a commercial service airport
that does not have more than .05 percent of the total
annual passenger boardings in the United States.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
TEMPORARY INCREASE IN GOVERNMENT SHARE OF
CERTAIN AIP PROJECT COSTS
Pub. L. 108–176, title I, § 161, Dec. 12, 2003, 117 Stat.
2513, as amended by Pub. L. 110–190, § 4(c), Feb. 28, 2008,
122 Stat. 644; Pub. L. 110–253, § 3(c)(3), June 30, 2008, 122
Stat. 2418; Pub. L. 110–330, § 5(i), Sept. 30, 2008, 122 Stat.
3718; Pub. L. 111–12, § 5(h), Mar. 30, 2009, 123 Stat. 1458;
Pub. L. 111–69, § 5(i), Oct. 1, 2009, 123 Stat. 2055; Pub. L.
111–116, § 5(h), Dec. 16, 2009, 123 Stat. 3032, provided that:
‘‘Notwithstanding section 47109(a) of title 49, United
States Code, the Government’s share of allowable
project costs for a grant made in fiscal year 2009, or in
the portion of fiscal year 2010 ending before April 1,
2010, under chapter 471 of that title for a project described in paragraph (2) or (3) of that section shall be
95 percent.’’
[Pub. L. 110–253, § 3(c)(3), which directed amendment
of section 161 of Pub. L. 108–176, set out above, by substituting ‘‘fiscal year 2008.’’ for ‘‘fiscal year 2008 before
July 1, 2008.’’, was executed by substituting ‘‘fiscal year
2008,’’ for ‘‘fiscal year 2008 before July 1, 2008,’’ to reflect the probable intent of Congress.]

§ 47110. Allowable project costs
(a) GENERAL AUTHORITY.—Except as provided
in section 47111 of this title, the United States
Government may pay or be obligated to pay,
from amounts appropriated to carry out this
subchapter, a cost incurred in carrying out a

Page 1037

TITLE 49—TRANSPORTATION

project under this subchapter only if the Secretary of Transportation decides the cost is allowable.
(b) ALLOWABLE COST STANDARDS.—A project
cost is allowable—
(1) if the cost necessarily is incurred in carrying out the project in compliance with the
grant agreement made for the project under
this subchapter, including any cost a sponsor
incurs related to an audit the Secretary requires under section 47121(b) or (d) of this title
and any cost of moving a Federal facility impeding the project if the rebuilt facility is of
an equivalent size and type;
(2)(A) if the cost is incurred after the grant
agreement is executed and is for airport development or airport planning carried out after
the grant agreement is executed;
(B) if the cost is incurred after June 1, 1989,
by the airport operator (regardless of when the
grant agreement is executed) as part of a Government-approved noise compatability 1 program (including project formulation costs) and
is consistent with all applicable statutory and
administrative requirements;
(C) if the Government’s share is paid only
with amounts apportioned under paragraphs
(1) and (2) of section 47114(c) or section
47114(d)(3)(A) and if the cost is incurred—
(i) after September 30, 1996;
(ii) before a grant agreement is executed
for the project; and
(iii) in accordance with an airport layout
plan approved by the Secretary and with all
statutory and administrative requirements
that would have been applicable to the
project if the project had been carried out
after the grant agreement had been executed; or
(D) if the cost is incurred after September
11, 2001, for a project described in section
47102(3)(J), 47102(3)(K), or 47102(3)(L) 2 and shall
not depend upon the date of execution of a
grant agreement made under this subchapter;
(3) to the extent the cost is reasonable in
amount;
(4) if the cost is not incurred in a project for
airport development or airport planning for
which other Government assistance has been
granted;
(5) if the total costs allowed for the project
are not more than the amount stated in the
grant agreement as the maximum the Government will pay (except as provided in section
47108(b) of this title); and
(6) if the cost is for a project not described
in section 47102(3) for acquiring for use at a
commercial service airport vehicles and
ground support equipment owned by an airport
that include low-emission technology, but
only to the extent of the incremental cost of
equipping such vehicles or equipment with
low-emission technology, as determined by the
Secretary.
(c) CERTAIN PRIOR COSTS AS ALLOWABLE
COSTS.—The Secretary may decide that a
project cost under subsection (b)(2)(A) of this
1 So

in original. Probably should be ‘‘compatibility’’.
References in Text note below.

2 See

§ 47110

section incurred after May 13, 1946, and before
the date the grant agreement is executed is allowable if it is—
(1) necessarily incurred in formulating an
airport development project, including costs
incurred for field surveys, plans and specifications, property interests in land or airspace,
and administration or other incidental items
that would not have been incurred except for
the project; or
(2) necessarily and directly incurred in developing the work scope of an airport planning
project.
(d) TERMINAL DEVELOPMENT COSTS.—(1) The
Secretary may decide that the cost of terminal
development (including multi-modal terminal
development) in a nonrevenue-producing publicuse area of a commercial service airport is allowable for an airport development project at
the airport—
(A) if the sponsor certifies that the airport,
on the date the grant application is submitted
to the Secretary, has—
(i) all the safety equipment required for
certification of the airport under section
44706 of this title;
(ii) all the security equipment required by
regulation; and
(iii) provided for access, to the area of the
airport for passengers for boarding or exiting aircraft, to those passengers boarding or
exiting aircraft, except air carrier aircraft;
(B) if the cost is directly related to moving
passengers and baggage in air commerce within the airport, including vehicles for moving
passengers between terminal facilities and between terminal facilities and aircraft; and
(C) under terms necessary to protect the interests of the Government.
(2) In making a decision under paragraph (1) of
this subsection, the Secretary may approve as
allowable costs the expenses of terminal development in a revenue-producing area and construction, reconstruction, repair, and improvement in a nonrevenue-producing parking lot if—
(A) except as provided in section 47108(e)(3),
the airport does not have more than .05 percent of the total annual passenger boardings
in the United States; and
(B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not be deferred because of the Secretary’s approval.
(e) LETTERS OF INTENT.—(1) The Secretary
may issue a letter of intent to the sponsor stating an intention to obligate from future budget
authority an amount, not more than the Government’s share of allowable project costs, for
an airport development project (including costs
of formulating the project) at a primary or reliever airport. The letter shall establish a schedule under which the Secretary will reimburse
the sponsor for the Government’s share of allowable project costs, as amounts become available,
if the sponsor, after the Secretary issues the letter, carries out the project without receiving
amounts under this subchapter.
(2) Paragraph (1) of this subsection applies to
a project—

§ 47110

TITLE 49—TRANSPORTATION

(A) about which the sponsor notifies the Secretary, before the project begins, of the sponsor’s intent to carry out the project;
(B) that will comply with all statutory and
administrative requirements that would apply
to the project if it were carried out with
amounts made available under this subchapter; and
(C) that meets the criteria of section 47115(d)
and, if for a project at a commercial service
airport having at least 0.25 percent of the
boardings each year at all such airports, the
Secretary decides will enhance system-wide
airport capacity significantly.
(3) A letter of intent issued under paragraph
(1) of this subsection is not an obligation of the
Government under section 1501 of title 31, and
the letter is not deemed to be an administrative
commitment for financing. An obligation or administrative commitment may be made only as
amounts are provided in authorization and appropriation laws.
(4) The total estimated amount of future Government obligations covered by all outstanding
letters of intent under paragraph (1) of this subsection may not be more than the amount authorized to carry out section 48103 of this title,
less an amount reasonably estimated by the
Secretary to be needed for grants under section
48103 that are not covered by a letter.
(5) LETTERS OF INTENT.—The Secretary may
not require an eligible agency to impose a passenger facility fee under section 40117 in order to
obtain a letter of intent under this section.
(6) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to
prohibit the obligation of amounts pursuant to a
letter of intent under this subsection in the
same fiscal year as the letter of intent is issued.
(f) NONALLOWABLE COSTS.—Except as provided
in subsection (d) of this section and section
47118(f) of this title, a cost is not an allowable
airport development project cost if it is for—
(1) constructing a public parking facility for
passenger automobiles;
(2) constructing, altering, or repairing part
of an airport building, except to the extent the
building will be used for facilities or activities
directly related to the safety of individuals at
the airport;
(3) decorative landscaping; or
(4) providing or installing sculpture or art
works.
(g) USE OF DISCRETIONARY FUNDS.—A project
for which cost reimbursement is provided under
subsection (b)(2)(C) shall not receive priority
consideration with respect to the use of discretionary funds made available under section 47115
of this title even if the amounts made available
under paragraphs (1) and (2) of section 47114(c) or
section 47114(d)(3)(A) are not sufficient to cover
the Government’s share of the cost of the
project.
(h) NONPRIMARY AIRPORTS.—The Secretary
may decide that the costs of revenue producing
aeronautical support facilities, including fuel
farms and hangars, are allowable for an airport
development project at a nonprimary airport if
the Government’s share of such costs is paid
only with funds apportioned to the airport spon-

Page 1038

sor under section 47114(d)(3)(A) and if the Secretary determines that the sponsor has made
adequate provision for financing airside needs of
the airport.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1264;
Pub. L. 103–305, title I, § 115, Aug. 23, 1994, 108
Stat. 1579; Pub. L. 103–429, § 6(64), Oct. 31, 1994,
108 Stat. 4385; Pub. L. 104–264, title I, § 144, Oct.
9, 1996, 110 Stat. 3222; Pub. L. 106–181, title I,
§ 127, Apr. 5, 2000, 114 Stat. 76; Pub. L. 107–71,
title I, § 119(a)(2), Nov. 19, 2001, 115 Stat. 628; Pub.
L. 108–176, title I, §§ 145, 149(b), 159(c), Dec. 12,
2003, 117 Stat. 2504, 2505, 2511; Pub. L. 109–115, div.
A, title I, § 176(b), Nov. 30, 2005, 119 Stat. 2427.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47110(a) ......

49 App.:2212(a) (1st,
last sentences).

47110(b) ......

49 App.:2212(a) (2d
sentence cls. (1),
(2) (words before
period), (3), (4)).
49 App.:2212(a) (2d
sentence cl. (2)
(words after period)).
49 App.:2212(b)(1),
(6).

47110(c) ......

47110(d) ......

47110(e) ......

49 App.:2212(d).

47110(f) .......

49 App.:2212(c).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 513(a), 96 Stat. 689; Aug.
4, 1989, Pub. L. 101–71, § 3,
103 Stat. 181.

Sept. 3, 1982, Pub. L. 97–248,
§ 513(b)(1), (6), 96 Stat. 691;
Oct. 31, 1992, Pub. L.
102–581, § 110(a), 106 Stat.
4879.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 513(d); added
Dec. 30, 1987, Pub. L.
100–223, § 111(c), 101 Stat.
1503; Oct. 31, 1992, Pub. L.
102–581, § 111, 106 Stat.
4880.
Sept. 3, 1982, Pub. L. 97–248,
§ 513(c), 96 Stat. 691; Dec.
30, 1987, Pub. L. 100–223,
§ 111(b), 101 Stat. 1503; Oct.
31, 1992, Pub. L. 102–581,
§ 107(c)(2), 106 Stat. 4879.

In subsection (a), the words ‘‘for airport development
or airport planning’’ are omitted because of the definition of ‘‘project’’ in section 47102 of the revised title.
The text of 49 App.:2212(a) (last sentence) is omitted as
surplus because of 49:322(a).
In subsection (b)(1), the word ‘‘approved’’ is omitted
as surplus because a project that was not approved
could not be carried out in compliance with a grant
agreement. The words ‘‘in compliance with the grant
agreement made for the project under this subchapter’’
are substituted for ‘‘in conformity with the terms and
conditions of the grant agreement entered into in connection with the project’’ to eliminate unnecessary
words. The word ‘‘sponsor’’ is substituted for ‘‘recipient’’ for clarity.
In subsection (b)(2)(A), the words ‘‘with respect to the
project’’ are omitted as unnecessary because ‘‘the grant
agreement’’ means ‘‘the grant agreement made for the
project’’ referred to in clause (1) of this subsection. The
words ‘‘under the project’’ are omitted as surplus.
Subsection (b)(3) is substituted for ‘‘in the opinion of
the Secretary it is reasonable in amount, and if the
Secretary determines that a project cost is unreasonable in amount, the Secretary may allow as an allowable project cost only so much of such project cost as
the Secretary determines to be reasonable’’ to eliminate unnecessary words.
Subsection (b)(5) is substituted for ‘‘except that in no
event may the Secretary allow project costs in excess
of the definite amount stated in the grant agreement
except to the extent authorized by section 2211(b) of
this Appendix’’ for consistency in this section.
In subsection (c), before clause (1), the words ‘‘The
Secretary may decide that a project cost . . . is allow-

Page 1039

TITLE 49—TRANSPORTATION

able’’ are substituted for ‘‘However, the allowable costs
of a project . . . may include . . . and the allowable
costs of a project . . . may include’’ for clarity and consistency in the revised title. The words ‘‘incurred after
May 13, 1946, and before the date the grant agreement
is executed’’ are substituted for ‘‘which were incurred
prior to the execution of the grant agreement and subsequent to May 13, 1946’’ and ‘‘which were incurred subsequent to May 13, 1946’’ to eliminate unnecessary
words. In clause (1), the words ‘‘preparation of’’, ‘‘acquisition of’’, ‘‘by the sponsor specifically in connection with the accomplishment of the project for airport
development’’ are omitted as surplus. The words ‘‘property interests in land or airspace’’ are substituted for
‘‘land or interests therein or easements through or
other interests in airspace’’ to eliminate unnecessary
words.
In subsection (d)(1), before clause (A), the words ‘‘The
Secretary may decide that the cost . . . is allowable’’
are substituted for ‘‘the Secretary may approve, as allowable project costs’’ and ‘‘The Secretary shall approve project costs allowable under paragraph (1) of
this subsection’’ for clarity and consistency in this section. In clause (B), the words ‘‘the boundaries of’’ are
omitted as surplus. In clause (C), the words ‘‘and conditions’’ are omitted as being included in ‘‘terms’’.
In subsection (d)(2), the words ‘‘In making a decision
under paragraph (1) of this subsection, the Secretary
may approve as allowable costs’’ are substituted for ‘‘In
the case of a commercial service airport . . . the Secretary may approve, under the preceding sentence as
allowable project costs’’ for consistency in this subsection.
In subsection (e)(1), the word ‘‘sponsor’’ is substituted
for ‘‘applicant’’ for consistency. The words ‘‘stipulated
as’’ and ‘‘Subject to the provisions of this paragraph’’
are omitted as surplus. The word ‘‘reimburse’’ is substituted for ‘‘make payments under paragraph (2) of
this subsection’’ and ‘‘pay’’ for clarity. The words ‘‘payable on account of such project in accordance with such
letter of intent’’ are omitted as surplus.
In subsection (e)(2), before clause (A), the text of 49
App.:2212(d)(1)(C) (last sentence) is omitted as obsolete.
In subsection (e)(3), the words ‘‘A letter of intent issued’’ are substituted for ‘‘action’’ for clarity. The
word ‘‘deemed’’ before ‘‘an obligation’’ is omitted as
surplus.
In subsection (f)(2), the words ‘‘of a hangar or’’ are
omitted as being included in ‘‘airport building’’.
PUB. L. 103–429
The source credits for all of subsection (b) are included for clarity though only subsection (b)(2) is affected by the amendment. The source credits for
49:47110(c) are included to correct a mistake on p. 405 of
H. R. Rept. 103–180 (103d Cong., 1st Sess., July 15, 1993).
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

47110(b) ......

49 App.:2212(a) (2d
sentence cls. (1),
(2)(A) (words before period), (B),
(3), (4)).
49 App.:2212(a) (2d
sentence cl. (2)(A)
(words after period).

Sept. 3, 1982, Pub. L. 97–248,
§ 513(a) (2d sentence), as
amended May 26, 1994,
Pub. L. 103–260, § 106, 108
Stat. 699.

47110(c) ......

In subsection (b)(2)(C)(ii), the words ‘‘before the cost
is incurred’’ are added for clarity.
REFERENCES IN TEXT
Subpars. (J), (K), and (L) of section 47102(3), referred
to in subsec. (b)(2)(D), were repealed and new subpars.
(J), (K), and (L) were added or designated, by Pub. L.
108–176, title I, § 159(b)(1), Dec. 12, 2003, 117 Stat. 2510.
AMENDMENTS
2005—Subsec. (d)(2)(A). Pub. L. 109–115, which directed
amendment of section 47110(d)(2)(A), without specifying

§ 47110

the title to be amended, by substituting ‘‘(A) except as
provided in section 47108(e)(3), the’’ for ‘‘(A) the’’, was
executed to this section, to reflect the probable intent
of Congress.
2003—Subsec. (b)(1). Pub. L. 108–176, § 145, inserted
‘‘and any cost of moving a Federal facility impeding
the project if the rebuilt facility is of an equivalent
size and type’’ before semicolon at end.
Subsec. (b)(2)(C). Pub. L. 108–176, § 149(b)(1), substituted ‘‘or section 47114(d)(3)(A)’’ for ‘‘of this title’’ in
introductory provisions.
Subsec. (b)(6). Pub. L. 108–176, § 159(c), added par. (6).
Subsec. (g). Pub. L. 108–176, § 149(b)(2), inserted ‘‘or
section 47114(d)(3)(A)’’ after ‘‘of section 47114(c)’’ and
substituted ‘‘of the project’’ for ‘‘of project’’.
Subsec. (h). Pub. L. 108–176, § 149(b)(3), added subsec.
(h).
2001—Subsec. (b)(2)(D). Pub. L. 107–71 added subpar.
(D).
2000—Subsec. (e)(2)(C). Pub. L. 106–181, § 127(1), added
subpar. (C) and struck out former subpar. (C) which
read as follows: ‘‘the Secretary decides will enhance
system-wide airport capacity significantly and meets
the criteria of section 47115(d) of this title.’’
Subsec. (e)(5). Pub. L. 106–181, § 127(2), added par. (5)
and struck out former par. (5) which read as follows: ‘‘A
letter of intent issued under paragraph (1) of this subsection may not condition the obligation of amounts on
the imposition of a passenger facility fee.’’
1996—Subsec. (b)(2)(C). Pub. L. 104–264, § 144(a), amended subpar. (C) generally. Prior to amendment, subpar.
(C) read as follows: ‘‘if the Government’s share is paid
only with amounts apportioned under section
47114(c)(1)(A) and (2) of this title and if the cost is incurred—
‘‘(i) during the fiscal year ending September 30,
1994;
‘‘(ii) before a grant agreement is executed for the
project but according to an airport layout plan the
Secretary approves before the cost is incurred and all
applicable statutory and administrative requirements that would apply to the project if the agreement had been executed; and
‘‘(iii) for work related to a project for which a grant
agreement previously was executed during the fiscal
year ending September 30, 1994;’’.
Subsec. (g). Pub. L. 104–264, § 144(b), added subsec. (g).
1994—Subsec. (b)(2). Pub. L. 103–429 amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘if the cost is incurred—
‘‘(A) after the grant agreement is executed and is
for airport development or airport planning carried
out after the grant agreement is executed; or
‘‘(B) after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as
part of a Government-approved noise compatibility
program (including project formulation costs) and is
consistent with all applicable statutory and administrative requirements;’’.
Subsec. (e)(6). Pub. L. 103–305 added par. (6).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 47111

TITLE 49—TRANSPORTATION

LETTERS OF INTENT FOR AIRPORT SECURITY
IMPROVEMENT PROJECTS
Pub. L. 108–7, div. I, title III, § 367, Feb. 20, 2003, 117
Stat. 423, provided that:
‘‘(a) The Under Secretary of Transportation for Security may issue a letter of intent to an airport committing to obligate from future budget authority an
amount, not more than the Federal Government’s
share of the project’s cost, for an airport security improvement project (including interest costs and costs of
formulating the project) at the airport. The letter shall
establish a schedule under which the Under Secretary
will reimburse the airport for the Government’s share
of the project’s costs, as amounts become available, if
the airport, after the Under Secretary issues the letter,
carries out the project without receiving amounts
under Chapter 471 of title 49 [United States Code].
‘‘(b) The airport shall notify the Under Secretary of
the airport’s intent to carry out the airport security
improvement project before the project begins.
‘‘(c) A letter of intent may be issued under this section only if—
‘‘(1) The airport security improvement project to
which the letter applies involves the replacement of
baggage conveyer systems or the reconfiguration of
terminal baggage areas in order to install explosive
detection systems; and
‘‘(2) The Under Secretary determines that the
project will improve security or will improve the efficiency of the airport without lessening security.
‘‘(d) A letter of intent issued under this section is not
an obligation of the Government under section 1501 of
title 31 [United States Code], and the letter is not
deemed to be an administrative commitment for financing. An obligation or administrative commitment
may be made only as amounts are provided in authorization and appropriations laws.
‘‘(e) The Government’s share of the project’s cost
shall be 75 percent for a project at an airport having at
least 0.25 percent of the total number of passenger
boardings each year at all airports and 90 percent for a
project at any other airport.
‘‘(f) Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of
intent under this section in the same fiscal year as the
letter of intent is issued.
‘‘(g) The Under Secretary shall notify the House and
Senate Committees on Appropriations, the House
Transportation and Infrastructure Committee, and the
Senate Commerce, Science, and Transportation Committee at least 3 days prior to the issuance of a letter
of intent under this section.
‘‘(h) There is authorized to be appropriated to carry
out this section $500,000,000 in each of fiscal years 2003,
2004, 2005, 2006, and 2007.’’
LETTERS OF INTENT; DURATION OF AUTHORITY AND
APPROVAL BY CONGRESS
Pub. L. 102–388, title III, § 320, Oct. 6, 1992, 106 Stat.
1546, provided that: ‘‘The authority conferred by section 513(d) of the Airport and Airway Improvement Act
of 1982, as amended [see subsec. (e) of this section], to
issue letters of intent shall remain in effect subsequent
to September 30, 1992. Letters of intent may be issued
under such subsection to applicants determined to be
qualified under such Act [substantially repealed by
Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379, and reenacted by first section thereof as this subchapter]:
Provided, That, notwithstanding any other provision of
law, all such letters of intent in excess of $10,000,000
shall be submitted for approval to the Committees on
Appropriations of the Senate and the House of Representatives; 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.’’ Similar provisions were contained in
the following prior appropriation acts:
Pub. L. 102–143, title III, § 320, Oct. 28, 1991, 105 Stat.
942.

Page 1040

Pub. L. 101–516, title III, § 320, Nov. 5, 1990, 104 Stat.
2181.
Pub. L. 101–164 title III, § 326, Nov. 21, 1989, 103 Stat.
1096.
Pub. L. 100–457, title III, § 334, Sept. 30, 1988, 102 Stat.
2153.

§ 47111. Payments under project grant agreements
(a) GENERAL AUTHORITY.—After making a
project grant agreement under this subchapter
and consulting with the sponsor, the Secretary
of Transportation may decide when and in what
amounts payments under the agreement will be
made. Payments totaling not more than 90 percent of the United States Government’s share of
the project’s estimated allowable costs may be
made before the project is completed if the sponsor certifies to the Secretary that the total
amount expended from the advance payments at
any time will not be more than the cost of the
airport development work completed on the
project at that time.
(b) RECOVERING PAYMENTS.—If the Secretary
determines that the total amount of payments
made under a grant agreement under this subchapter is more than the Government’s share of
the total allowable project costs, the Government may recover the excess amount. If the Secretary finds that a project for which an advance
payment was made has not been completed
within a reasonable time, the Government may
recover any part of the advance payment for
which the Government received no benefit.
(c) PAYMENT DEPOSITS.—A payment under a
project grant agreement under this subchapter
may be made only to an official or depository
designated by the sponsor and authorized by law
to receive public money.
(d) WITHHOLDING PAYMENTS.—(1) The Secretary may withhold a payment under a grant
agreement under this subchapter for more than
180 days after the payment is due only if the
Secretary—
(A) notifies the sponsor and provides an opportunity for a hearing; and
(B) finds that the sponsor has violated the
agreement.
(2) The 180-day period may be extended by—
(A) agreement of the Secretary and the
sponsor; or
(B) the hearing officer if the officer decides
an extension is necessary because the sponsor
did not follow the schedule the officer established.
(3) A person adversely affected by an order of
the Secretary withholding a payment may apply
for review of the order by filing a petition in the
United States Court of Appeals for the District
of Columbia Circuit or in the court of appeals of
the United States for the circuit in which the
project is located. The petition must be filed not
later than 60 days after the order is served on
the petitioner.
(e) ACTION ON GRANT ASSURANCES CONCERNING
AIRPORT REVENUES.—If, after notice and opportunity for a hearing, the Secretary finds a violation of section 47107(b) of this title, as further
defined by the Secretary under section 47107(l) of
this title, or a violation of an assurance made

Page 1041

under section 47107(b) of this title, and the Secretary has provided an opportunity for the airport sponsor to take corrective action to cure
such violation, and such corrective action has
not been taken within the period of time set by
the Secretary, the Secretary shall withhold approval of any new grant application for funds
under this chapter, or any proposed modification to an existing grant that would increase the
amount of funds made available under this chapter to the airport sponsor, and withhold approval of any new application to impose a fee
under section 40117 of this title. Such applications may thereafter be approved only upon a
finding by the Secretary that such corrective
action as the Secretary requires has been taken
to address the violation and that the violation
no longer exists.
(f) JUDICIAL ENFORCEMENT.—For any violation
of this chapter or any grant assurance made
under this chapter, the Secretary may apply to
the district court of the United States for any
district in which the violation occurred for enforcement. Such court shall have jurisdiction to
enforce obedience thereto by a writ of injunction or other process, mandatory or otherwise,
restraining any person from further violation.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1266;
Pub. L. 103–305, title I, § 112(b), Aug. 23, 1994, 108
Stat. 1575.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

47111(a) ......

49 App.:2213 (1st, 2d
sentences).
49 App.:2213 (3d, 4th
sentences).
49 App.:2213 (last
sentence).
49 App.:2218(b) (related to payment).

Sept. 3, 1982, Pub. L. 97–248,
§ 514, 96 Stat. 691.

47111(b) ......
47111(c) ......
47111(d) ......

§ 47112

TITLE 49—TRANSPORTATION

Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 519(b) (related to payment); added
Dec. 30, 1987, Pub. L.
100–223, § 112(2), 101 Stat.
1504.

In subsection (a), the words ‘‘the terms of’’ are omitted as surplus. The words ‘‘totaling’’ and ‘‘total’’ are
substituted for ‘‘in an aggregate amount’’ and ‘‘aggregate’’ for consistency in the revised title. The words
‘‘from time to time’’ are omitted as surplus. The words
‘‘before the project is completed’’ are substituted for
‘‘in advance of accomplishment of the airport project
to which the payments relate’’ for consistency in this
chapter and to eliminate unnecessary words.
In subsection (b), the words ‘‘at any time’’ are omitted as surplus. The words ‘‘project for which an advance payment was made has not been completed within a reasonable time’’ are substituted for ‘‘any airport
development to which the advance payments relate has
not been accomplished within a reasonable time or the
project is not completed’’ for clarity, for consistency in
this chapter, and to eliminate unnecessary words.
In subsection (d)(1) and (2), the word ‘‘sponsor’’ is
substituted for ‘‘recipient’’ and ‘‘grant recipient’’ for
clarity.
In subsection (d)(2)(A), the word ‘‘mutual’’ is omitted
as surplus.
In subsection (d)(3), the words ‘‘adversely affected’’
are substituted for ‘‘aggrieved’’ for consistency in the
revised title and with other titles of the United States
Code. The words ‘‘the date on which’’ are omitted as
surplus.
AMENDMENTS
1994—Subsecs. (e), (f). Pub. L. 103–305 added subsecs.
(e) and (f).

§ 47112. Carrying
projects

out

airport

development

(a) CONSTRUCTION WORK.—The Secretary of
Transportation may inspect and approve construction work for an airport development
project carried out under a grant agreement
under this subchapter. The construction work
must be carried out in compliance with regulations the Secretary prescribes. The regulations
shall require the sponsor to make necessary cost
and progress reports on the project. The regulations may amend or modify a contract related
to the project only if the contract was made
with actual notice of the regulations.
(b) PREVAILING WAGES.—A contract for more
than $2,000 involving labor for an airport development project carried out under a grant agreement under this subchapter must require contractors to pay labor minimum wage rates as determined by the Secretary of Labor under sections 3141–3144, 3146, and 3147 of title 40. The
minimum rates must be included in the bids for
the work and in the invitation for those bids.
(c) VETERANS’ PREFERENCE.—(1) In this subsection—
(A) ‘‘disabled veteran’’ has the same meaning given that term in section 2108 of title 5.
(B) ‘‘Vietnam-era veteran’’ means an individual who served on active duty (as defined in
section 101 of title 38) in the armed forces for
more than 180 consecutive days, any part of
which occurred after August 4, 1964, and before
May 8, 1975, and who was separated from the
armed forces under honorable conditions.
(2) A contract involving labor for carrying out
an airport development project under a grant
agreement under this subchapter must require
that preference in the employment of labor (except in executive, administrative, and supervisory positions) be given to Vietnam-era veterans and disabled veterans when they are available and qualified for the employment.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1267;
Pub. L. 107–217, § 3(n)(8), Aug. 21, 2002, 116 Stat.
1303.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47112(a) ......

49 App.:2214(a).

47112(b) ......
47112(c) ......

49 App.:2214(b).
49 App.:2214(c).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 515, 96 Stat. 691.

In this section, the words ‘‘for an airport development project carried out under a grant agreement
under this subchapter’’ are substituted for ‘‘on any
project for airport development contained in an approved project grant application submitted in accordance with this chapter’’ in 49 App.:2214(a), ‘‘on projects
for airport development approved under this chapter’’
in 49 App.:2214(b), and ‘‘under project grants for airport
development approved under this chapter’’ in 49
App.:2214(c) for clarity and consistency in this section.
See H.R. Rept. No. 97–760, 97th Cong., 2d Sess., p. 715
(1982).
In subsection (a), the words ‘‘or sponsors’’ are omitted because of 1:1.
In subsection (b), the words ‘‘must require contractors to pay labor minimum wage rates’’ are substituted
for ‘‘shall contain provisions establishing minimum
rates of wages . . . which contractors shall pay to
skilled and unskilled labor’’ to eliminate unnecessary

§ 47113

TITLE 49—TRANSPORTATION

words. The word ‘‘proposals’’ is omitted as included in
‘‘bids’’.
Subsection (c)(1)(A) is substituted for ‘‘a disabled veteran is an individual described in section 2108(2) of title
5’’ for consistency in the revised title and with other
titles of the Code.
In subsection (c)(1)(B), the words ‘‘after August 4,
1964, and before May 8, 1975’’ are substituted for ‘‘during
the period beginning August 5, 1964, and ending May 7,
1975’’ for consistency in the revised title and with other
titles of the United States Code and to eliminate unnecessary words.
In subsection (c)(2), the words ‘‘must require that’’
are substituted for ‘‘shall contain such provisions as
are necessary to insure that’’, and the words ‘‘when
they are available and qualified for the employment’’
are substituted for ‘‘However, this preference shall
apply only where the individuals are available and
qualified to perform the work to which the employment relates’’, to eliminate unnecessary words.

Page 1042

(d) SURVEYS AND LISTS.—Each State or airport
sponsor annually shall survey and compile a list
of small business concerns referred to in subsection (b) of this section and the location of
each concern in the State.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1268;
Pub. L. 103–429, § 6(65), Oct. 31, 1994, 108 Stat.
4386; Pub. L. 105–135, title VI, § 604(h)(2), Dec. 2,
1997, 111 Stat. 2635.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47113(a) ......

49 App.:2204(d)(2).

47113(b) ......
47113(c) ......
47113(d) ......

49 App.:2204(d)(1).
49 App.:2204(d)(4).
49 App.:2204(d)(3).

AMENDMENTS
2002—Subsec. (b). Pub. L. 107–217 substituted ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ for ‘‘the Act of
March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C.
276a—276a–5)’’.

§ 47113. Minority and disadvantaged business
participation
(a) DEFINITIONS.—In this section—
(1) ‘‘small business concern’’—
(A) has the same meaning given that term
in section 3 of the Small Business Act (15
U.S.C. 632); but
(B) does not include a concern, or group of
concerns controlled by the same socially and
economically disadvantaged individual, that
has average annual gross receipts over the
prior 3 fiscal years of more than $16,015,000,
as adjusted by the Secretary of Transportation for inflation;
(2) ‘‘socially and economically disadvantaged individual’’ has the same meaning given
that term in section 8(d) of the Act (15 U.S.C.
637(d)) and relevant subcontracting regulations prescribed under section 8(d), except that
women are presumed to be socially and economically disadvantaged; and
(3) the term ‘‘qualified HUBZone small business concern’’ has the meaning given that
term in section 3(p) of the Small Business Act
(15 U.S.C. 632(o) 1).
(b) GENERAL REQUIREMENT.—Except to the extent the Secretary decides otherwise, at least 10
percent of amounts available in a fiscal year
under section 48103 of this title shall be expended with small business concerns owned and
controlled by socially and economically disadvantaged individuals or qualified HUBZone
small business concerns.
(c) UNIFORM CRITERIA.—The Secretary shall establish minimum uniform criteria for State governments and airport sponsors to use in certifying whether a small business concern qualifies
under this section. The criteria shall include onsite visits, personal interviews, licenses, analyses of stock ownership and bonding capacity,
listings of equipment and work completed, resumes of principal owners, financial capacity,
and type of work preferred.
1 So

in original. Probably should be ‘‘632(p)’’.

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 505(d); added
Dec. 30, 1987, Pub. L.
100–223, § 105(f), 101 Stat.
1493; Oct. 31, 1992, Pub. L.
102–581, § 117(c), 106 Stat.
4883.

In subsection (a)(1)(B), the words ‘‘or individuals’’ are
omitted because of 1:1.
In subsection (a)(2), the reference is to section 8(c) of
the Act because 15:637(d) was redesignated as 15:637(c)
by section 3 of the Women’s Business Development Act
of 1991 (Public Law 102–191, 105 Stat. 1591).
In subsection (b), the words ‘‘beginning after September 30, 1987’’ are omitted as obsolete.
PUB. L. 103–429
This amends 49:47113(a)(2) to correct erroneous crossreferences.
AMENDMENTS
1997—Subsec. (a). Pub. L. 105–135, § 604(h)(2)(A), substituted semicolon for period at end of par. (1), substituted ‘‘; and’’ for period at end of par. (2), and added
par. (3).
Subsec. (b). Pub. L. 105–135, § 604(h)(2)(B), inserted ‘‘or
qualified HUBZone small business concerns’’ before period at end.
1994—Subsec. (a)(2). Pub. L. 103–429 substituted ‘‘8(d)’’
for ‘‘8(c)’’ in two places and ‘‘637(d))’’ for ‘‘637(c))’’.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–135 effective Oct. 1, 1997,
see section 3 of Pub. L. 105–135, set out as a note under
section 631 of Title 15, Commerce and Trade.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

§ 47114. Apportionments
(a) DEFINITION.—In this section, ‘‘amount subject to apportionment’’ means the amount
newly made available under section 48103 of this
title for a fiscal year.
(b) APPORTIONMENT DATE.—On the first day of
each fiscal year, the Secretary of Transportation shall apportion the amount subject to apportionment for that fiscal year as provided in
this section.
(c) AMOUNTS APPORTIONED TO SPONSORS.—
(1) PRIMARY AIRPORTS.—
(A) APPORTIONMENT.—The Secretary shall
apportion to the sponsor of each primary
airport for each fiscal year an amount equal
to—
(i) $7.80 for each of the first 50,000 passenger boardings at the airport during the
prior calendar year;

Page 1043

TITLE 49—TRANSPORTATION

(ii) $5.20 for each of the next 50,000 passenger boardings at the airport during the
prior calendar year;
(iii) $2.60 for each of the next 400,000 passenger boardings at the airport during the
prior calendar year;
(iv) $.65 for each of the next 500,000 passenger boardings at the airport during the
prior calendar year; and
(v) $.50 for each additional passenger
boarding at the airport during the prior
calendar year.
(B) MINIMUM AND MAXIMUM APPORTIONMENTS.—Not less than $650,000 nor more than
$22,000,000 may be apportioned under subparagraph (A) of this paragraph to an airport
sponsor for a primary airport for each fiscal
year.
(C) SPECIAL RULE.—In any fiscal year in
which the total amount made available
under section 48103 is $3,200,000,000 or more—
(i) the amount to be apportioned to a
sponsor under subparagraph (A) shall be
increased by doubling the amount that
would otherwise be apportioned;
(ii) the minimum apportionment to a
sponsor under subparagraph (B) shall be
$1,000,000 rather than $650,000; and
(iii) the maximum apportionment to a
sponsor under subparagraph (B) shall be
$26,000,000 rather than $22,000,000.
(D) NEW AIRPORTS.—Notwithstanding subparagraph (A), the Secretary shall apportion
on the first day of the first fiscal year following the official opening of a new airport
with scheduled passenger air transportation
an amount equal to the minimum amount
set forth in subparagraph (B) or (C), as appropriate, to the sponsor of such airport.
(E) USE OF PREVIOUS FISCAL YEAR’S APPORTIONMENT.—Notwithstanding
subparagraph
(A), the Secretary may apportion to an airport sponsor in a fiscal year an amount
equal to the amount apportioned to that
sponsor in the previous fiscal year if the
Secretary finds that—
(i) passenger boardings at the airport fell
below 10,000 in the calendar year used to
calculate the apportionment;
(ii) the airport had at least 10,000 passenger boardings in the calendar year prior
to the calendar year used to calculate apportionments to airport sponsors in a fiscal year; and
(iii) the cause of the shortfall in passenger boardings was a temporary but significant interruption in service by an air
carrier to that airport due to an employment action, natural disaster, or other
event unrelated to the demand for air
transportation at the affected airport.
(F) SPECIAL RULE FOR FISCAL YEARS 2004 AND
2005.—Notwithstanding subparagraph (A) and
the absence of scheduled passenger aircraft
service at an airport, the Secretary may apportion in fiscal years 2004 and 2005 to the
sponsor of the airport an amount equal to
the amount apportioned to that sponsor in
fiscal year 2002 or 2003, whichever amount is
greater, if the Secretary finds that—

§ 47114

(i) the passenger boardings at the airport
were below 10,000 in calendar year 2002 or
2003;
(ii) the airport had at least 10,000 passenger boardings and scheduled passenger
aircraft service in either calendar year
2000 or 2001; and
(iii) the reason that passenger boardings
described in clause (i) were below 10,000
was the decrease in passengers following
the terrorist attacks of September 11, 2001.
(G) SPECIAL RULE FOR FISCAL YEAR 2006.—
Notwithstanding subparagraph (A) and the
absence of scheduled passenger aircraft service at an airport, the Secretary may apportion in fiscal year 2006 to the sponsor of the
airport an amount equal to $500,000, if the
Secretary finds that—
(i) the passenger boardings at the airport
were below 10,000 in calendar year 2004;
(ii) the airport had at least 10,000 passenger boardings and scheduled passenger
aircraft service in either calendar year
2000 or 2001; and
(iii) the reason that passenger boardings
described in clause (i) were below 10,000
was the decrease in passengers following
the terrorist attacks of September 11, 2001.
(2) CARGO AIRPORTS.—
(A) APPORTIONMENT.—Subject to subparagraph (D), the Secretary shall apportion an
amount equal to 3.5 percent of the amount
subject to apportionment each fiscal year to
the sponsors of airports served by aircraft providing air transportation of only cargo with a
total annual landed weight of more than
100,000,000 pounds.
(B) SUBALLOCATION FORMULA.—Any funds apportioned under subparagraph (A) to sponsors
of airports described in subparagraph (A) shall
be allocated among those airports in the proportion that the total annual landed weight of
aircraft described in subparagraph (A) landing
at each of those airports bears to the total annual landed weight of those aircraft landing at
all those airports.
(C) LIMITATION.—In any fiscal year in which
the total amount made available under section
48103 is less than $3,200,000,000, not more than
8 percent of the amount apportioned under
subparagraph (A) may be apportioned for any
one airport.
(D) DISTRIBUTION TO OTHER AIRPORTS.—Before apportioning amounts to the sponsors of
airports under subparagraph (A) for a fiscal
year, the Secretary may set-aside a portion of
such amounts for distribution to the sponsors
of other airports, selected by the Secretary,
that the Secretary finds will be served primarily by aircraft providing air transportation of only cargo.
(E) DETERMINATION OF LANDED WEIGHT.—
Landed weight under this paragraph is the
landed weight of aircraft landing at each airport described in subparagraph (A) during the
prior calendar year.
(d) AMOUNTS APPORTIONED FOR GENERAL AVIAAIRPORTS.—
(1) DEFINITIONS.—In this subsection, the following definitions apply:

TION

§ 47114

TITLE 49—TRANSPORTATION

(A) AREA.—The term ‘‘area’’ includes land
and water.
(B) POPULATION.—The term ‘‘population’’
means the population stated in the latest decennial census of the United States.
(2) APPORTIONMENT.—Except as provided in
paragraph (3), the Secretary shall apportion to
the States 18.5 percent of the amount subject
to apportionment for each fiscal year as follows:
(A) 0.66 percent of the apportioned amount
to Guam, American Samoa, the Northern
Mariana Islands, and the Virgin Islands.
(B) Except as provided in paragraph (4),
49.67 percent of the apportioned amount for
airports, excluding primary airports but including reliever and nonprimary commercial
service airports, in States not named in subparagraph (A) in the proportion that the
population of each of those States bears to
the total population of all of those States.
(C) Except as provided in paragraph (4),
49.67 percent of the apportioned amount for
airports, excluding primary airports but including reliever and nonprimary commercial
service airports, in States not named in subparagraph (A) in the proportion that the
area of each of those States bears to the
total area of all of those States.
(3) SPECIAL RULE.—In any fiscal year in
which the total amount made available under
section 48103 is $3,200,000,000 or more, rather
than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the amount subject to apportionment
for each fiscal year as follows:
(A) To each airport, excluding primary airports but including reliever and nonprimary
commercial service airports, in States the
lesser of—
(i) $150,000; or
(ii) 1⁄5 of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the
national plan of integrated airport systems developed by the Federal Aviation
Administration under section 47103.
(B) Any remaining amount to States as
follows:
(i) 0.62 percent of the remaining amount
to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands,
and the Virgin Islands.
(ii) Except as provided in paragraph (4),
49.69 percent of the remaining amount for
airports, excluding primary airports but
including reliever and nonprimary commercial service airports, in States not
named in clause (i) in the proportion that
the population of each of those States
bears to the total population of all of those
States.
(iii) Except as provided in paragraph (4),
49.69 percent of the remaining amount for
airports, excluding primary airports but
including reliever and nonprimary commercial service airports, in States not
named in clause (i) in the proportion that
the area of each of those States bears to
the total area of all of those States.

Page 1044

(4) AIRPORTS IN ALASKA, PUERTO RICO, AND
HAWAII.—An amount apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or Hawaii for airports in such State may be made
available by the Secretary for any public airport in those respective jurisdictions.
(5) USE OF STATE HIGHWAY SPECIFICATIONS.—
(A) IN GENERAL.—The Secretary may permit the use of State highway specifications
for airfield pavement construction using
funds made available under this subsection
at nonprimary airports with runways of 5,000
feet or shorter serving aircraft that do not
exceed 60,000 pounds gross weight if the Secretary determines that—
(i) safety will not be negatively affected;
and
(ii) the life of the pavement will not be
shorter than it would be if constructed
using Administration standards.
(B) LIMITATION.—An airport may not seek
funds under this subchapter for runway rehabilitation or reconstruction of any such
airfield pavement constructed using State
highway specifications for a period of 10
years after construction is completed unless
the Secretary determines that the rehabilitation or reconstruction is required for safety reasons.
(6) INTEGRATED AIRPORT SYSTEM PLANNING.—
Notwithstanding any other provision of this
subsection, funds made available under this
subsection may be used for integrated airport
system planning that encompasses one or
more primary airports.
(e) SUPPLEMENTAL APPORTIONMENT FOR ALASKA.—

(1)
IN
GENERAL.—Notwithstanding
subsections (c) and (d) of this section, the Secretary may apportion amounts for airports in
Alaska in the way in which amounts were apportioned in the fiscal year ending September
30, 1980, under section 15(a) of the Act. However, in apportioning amounts for a fiscal year
under this subsection, the Secretary shall apportion—
(A) for each primary airport at least as
much as would be apportioned for the airport under subsection (c)(1) of this section;
and
(B) a total amount at least equal to the
minimum amount required to be apportioned to airports in Alaska in the fiscal
year ending September 30, 1980, under section 15(a)(3)(A) of the Act.
(2) AUTHORITY FOR DISCRETIONARY GRANTS.—
This subsection does not prohibit the Secretary from making project grants for airports
in Alaska from the discretionary fund under
section 47115 of this title.
(3) AIRPORTS ELIGIBLE FOR FUNDS.—An
amount apportioned under this subsection
may be used for any public airport in Alaska.
(4) SPECIAL RULE.—In any fiscal year in
which the total amount made available under
section 48103 is $3,200,000,000 or more, the
amount that may be apportioned for airports
in Alaska under paragraph (1) shall be increased by doubling the amount that would
otherwise be apportioned.

Page 1045

(f) REDUCING APPORTIONMENTS.—
(1) IN GENERAL.—Subject to paragraph (3), an
amount that would be apportioned under this
section (except subsection (c)(2)) in a fiscal
year to the sponsor of an airport having at
least .25 percent of the total number of boardings each year in the United States and for
which a fee is imposed in the fiscal year under
section 40117 of this title shall be reduced by
an amount equal to—
(A) in the case of a fee of $3.00 or less, 50
percent of the projected revenues from the
fee in the fiscal year but not by more than
50 percent of the amount that otherwise
would be apportioned under this section; and
(B) in the case of a fee of more than $3.00,
75 percent of the projected revenues from the
fee in the fiscal year but not by more than
75 percent of the amount that otherwise
would be apportioned under this section.
(2) EFFECTIVE DATE OF REDUCTION.—A reduction in an apportionment required by paragraph (1) shall not take effect until the first
fiscal year following the year in which the collection of the fee imposed under section 40117
is begun.
(3) SPECIAL RULE FOR TRANSITIONING AIRPORTS.—
(A) IN GENERAL.—Beginning with the fiscal
year following the first calendar year in
which the sponsor of an airport has more
than .25 percent of the total number of
boardings in the United States, the sum of
the amount that would be apportioned under
this section after application of paragraph
(1) in a fiscal year to such sponsor and the
projected revenues to be derived from the fee
in such fiscal year shall not be less than the
sum of the apportionment to such airport for
the preceding fiscal year and the revenues
derived from such fee in the preceding fiscal
year.
(B) EFFECTIVE PERIOD.—Subparagraph (A)
shall be in effect for fiscal year 2004.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1268;
Pub. L. 103–429, § 6(66), Oct. 31, 1994, 108 Stat.
4386; Pub. L. 104–264, title I, § 121, Oct. 9, 1996, 110
Stat. 3217; Pub. L. 106–181, title I, §§ 104(a)–(d),
105(c), Apr. 5, 2000, 114 Stat. 67–71; Pub. L.
108–176, title I, §§ 146, 147, Dec. 12, 2003, 117 Stat.
2504; Pub. L. 109–115, div. A, title I, § 109, Nov. 30,
2005, 119 Stat. 2402.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

§ 47114

TITLE 49—TRANSPORTATION

Source (U.S. Code)

47114(a), (b)

49 App.:2206(a)
(words before cl.
(1)).

47114(c)
(1)(A).

49 App.:2206(a)(1).
49 App.:2206(e)(1).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 507(a)(1),
(3),
(b)(2),
(4)–(5)(C), (E), (6), 96 Stat.
679; Jan. 6, 1983, Pub. L.
97–424, § 426(a), (d), 96 Stat.
2167, 2168; restated Dec. 30,
1987, Pub. L. 100–223,
§ 106(a), 101 Stat. 1494, 1496.
Sept. 3, 1982, Pub. L. 97–248,
§ 507(e), (f), 96 Stat. 679;
Jan. 6, 1983, Pub. L. 97–424,
§ 426(a), (d), 96 Stat. 2167,
2168; restated Dec. 30, 1987,
Pub. L. 100–223, § 106(a), 101
Stat. 1497; Nov. 5, 1990,
Pub. L. 101–508, § 9112(b),
104 Stat. 1388–362.

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47114(c)
(1)(B).

49 App.:2206(b)(1).

47114(c)(2) ..

49 App.:2206(a)(2),
(b)(4), (e)(2).
49 App.:2206(b)(2),
(3).
49 App.:2206(f).
49 App.:2206(a)(3).
49 App.:2206(b)(6).
49 App.:2206(b)
(5)(A)–(C), (E), (F).
49 App.:2206(b)(7).

47114(c)(3) ..
47114(d)(1) ..
47114(d)(2) ..
47114(d)(3) ..
47114(e) ......
47114(f) .......

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 507(a)(2), (b)(1), (3), (5)(F),
96 Stat. 679; Jan. 6, 1983,
Pub. L. 97–424, § 426(a), (d),
96 Stat. 2167, 2168; restated
Dec. 30, 1987, Pub. L.
100–223, § 106(a), 101 Stat.
1494, 1496; Oct. 31, 1992,
Pub. L. 102–581, § 106, 106
Stat. 4878.

Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 507(b)(7);
added Nov. 5, 1990, Pub. L.
101–508, § 9111, 104 Stat.
1388–362.

In subsection (a), the word ‘‘newly’’ is substituted for
‘‘and not previously apportioned’’ for clarity. The
words ‘‘made available’’ are substituted for ‘‘authorized
to be obligated’’ for clarity and consistency.
In subsection (c)(1)(A), the words ‘‘during the prior
calendar year’’ are substituted for 49 App.:2206(b) for
clarity.
In subsection (c)(2)(A), the word ‘‘cargo’’ is substituted for ‘‘property (including mail)’’ for consistency
in the revised title.
In subsection (c)(3), the words ‘‘The total of all
amounts apportioned under paragraphs (1) and (2) of
this subsection may not be more than 44 percent of the
amount subject to apportionment for a fiscal year’’ are
substituted for 49 App.:2206(b)(2)(A) and (3)(A) for clarity and to eliminate unnecessary words. The words ‘‘If
this paragraph requires reduction of an amount that
otherwise would be apportioned under this subsection’’
are substituted for ‘‘In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)’’ for clarity.
In subsection (d)(2)(A), the words ‘‘the Commonwealth of’’ are omitted as surplus.
In subsection (d)(2)(B) and (C), the words ‘‘except as
provided in paragraph (3) of this subsection’’ are added,
and the words ‘‘49.5 percent of the apportioned amount’’
are substituted for ‘‘1/2 of the remaining 99 percent’’,
for clarity.
In subsection (d)(3), before clause (A), the words
‘‘Notwithstanding subsection (a)(3)(B) of this section’’
are omitted as surplus.
In subsection (e)(1), before clause (A), the words ‘‘Instead of apportioning amounts for airports in Alaska
under subsections (c) and (d) of this section’’ are substituted for ‘‘Notwithstanding any other provision of
subsection (a) of this section’’ for clarity.
In subsection (e)(2), the words ‘‘be construed as’’ are
omitted as surplus.
In subsection (f), the words ‘‘which, but for this paragraph, would be’’ the first time they appear are omitted
as surplus. The words ‘‘but not by more than’’ are substituted for ‘‘The maximum reduction in an apportionment to a sponsor of an airport as a result of this paragraph in a fiscal year shall be’’ to eliminate unnecessary words.
PUB. L. 103–429
Revision notes for 49:47114(c)(3)(A) are included to reflect changes made for clarity and to correct an error
in the codification enacted by section 1 of the Act of
July 5, 1994 (Public Law 103–272, 108 Stat. 1269).

§ 47114
Revised
Section

TITLE 49—TRANSPORTATION
Source (U.S. Code)

47114(c)
(1)(B).

49 App.:2206(b)(1).

47114(c)
(3)(B).

49 App.:2206(b)(3).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 507(b)(1),
as
amended
May 26, 1994, Pub. L.
103–260, § 103, 108 Stat. 698.
Sept. 3, 1982, Pub. L. 97–248,
§ 507(b)(3),
as
amended
May 26, 1994, Pub. L.
103–260, § 102, 108 Stat. 698.

In subsection (c)(3)(A) and (B), the words ‘‘If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection’’ are
substituted for ‘‘In any case in which apportionments
in a fiscal year would be reduced by subparagraph (A)’’
for clarity.
In subsection (c)(3)(A), the words ‘‘Except as provided
in subparagraph (B) of this paragraph’’ are added for
clarity. The words ‘‘the total of all amounts apportioned under paragraphs (1) and (2) of this subsection
may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year’’ are substituted
for 49 App.:2206(b)(2)(A), as in effect on July 4, 1994, for
clarity and to eliminate unnecessary words.
In subsection (c)(3)(B), the words ‘‘the total of all
amounts apportioned under paragraphs (1) and (2) of
this subsection may not be more than 44 percent of the
amount subject to apportionment for that fiscal year’’
are substituted for 49 App.:2206(b)(3)(A), as in effect on
July 4, 1994, for clarity and to eliminate unnecessary
words.
REFERENCES IN TEXT
Section 15(a) of the Airport and Airway Development
Act of 1970, referred to in subsec. (e)(1), is section 15(a)
of Pub. L. 91–258, which was classified to section 1715(a)
of former Title 49, Transportation, prior to repeal by
Pub. L. 97–248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695.
AMENDMENTS
2005—Subsec. (c)(1)(G). Pub. L. 109–115 added subpar.
(G).
2003—Subsec. (c)(1)(F). Pub. L. 108–176, § 146(a), added
subpar. (F).
Subsec. (c)(2). Pub. L. 108–176, § 147(1), struck out
‘‘ONLY’’ after ‘‘CARGO’’ in heading.
Subsec. (c)(2)(A). Pub. L. 108–176, § 147(2), substituted
‘‘3.5 percent’’ for ‘‘3 percent’’.
Subsec. (f)(3). Pub. L. 108–176, § 146(b)(1), substituted
‘‘AIRPORTS’’ for ‘‘AIRORTS’’ in heading.
Subsec. (f)(3)(B). Pub. L. 108–176, § 146(b)(2), substituted ‘‘fiscal year 2004’’ for ‘‘fiscal years 2000 through
2003’’.
2000—Subsec. (c)(1). Pub. L. 106–181, § 104(a)(2)(A), (C),
inserted headings for par. (1) and subpar. (A) and realigned margins.
Subsec. (c)(1)(B). Pub. L. 106–181, § 104(a)(1)(A), (2)(B),
(C), inserted heading, substituted ‘‘$650,000’’ for
‘‘$500,000’’, and realigned margins.
Subsec. (c)(1)(C) to (E). Pub. L. 106–181, § 104(a)(1)(B),
added subpars. (C) to (E).
Subsec. (c)(2)(A). Pub. L. 106–181, § 104(b)(1), substituted ‘‘3 percent’’ for ‘‘2.5 percent’’.
Subsec. (c)(2)(C). Pub. L. 106–181, § 104(b)(2), substituted ‘‘In any fiscal year in which the total amount
made available under section 48103 is less than
$3,200,000,000, not more than’’ for ‘‘Not more than’’.
Subsec. (d). Pub. L. 106–181, § 104(c), amended heading
and text of subsec. (d) generally, revising and restating
as pars. (1) to (6) provisions formerly contained in pars.
(1) to (3).
Subsec. (e). Pub. L. 106–181, § 104(d)(1), substituted
‘‘Supplemental’’ for ‘‘Alternative’’ in heading.
Subsec. (e)(1). Pub. L. 106–181, § 104(d)(2), (5), inserted
heading, realigned margins, and in introductory provisions substituted ‘‘Notwithstanding’’ for ‘‘Instead of
apportioning amounts for airports in Alaska under’’
and ‘‘airports in Alaska’’ for ‘‘those airports’’.
Subsec. (e)(2). Pub. L. 106–181, § 104(d)(3), (5), inserted
heading and realigned margins.

Page 1046

Subsec. (e)(3), (4). Pub. L. 106–181, § 104(d)(4), added
pars. (3) and (4) and struck out former par. (3) which
read as follows: ‘‘Airports referred to in this subsection
include those public airports that received scheduled
service as of September 3, 1982, but were not apportioned amounts in the fiscal year ending September 30,
1980, under section 15(a) of the Act because the airports
were not under the control of a State or local public
agency.’’
Subsec. (f). Pub. L. 106–181, § 105(c), designated existing provisions as par. (1), inserted heading, realigned
margins, substituted ‘‘Subject to paragraph (3), an
amount’’ for ‘‘An amount’’ and ‘‘an amount equal to—
’’ and subpars. (A) and (B) for ‘‘an amount equal to 50
percent of the projected revenues from the fee in the
fiscal year but not by more than 50 percent of the
amount that otherwise would be apportioned under this
section.’’, and added pars. (2) and (3).
1996—Subsec.
(c)(1)(A)(iv).
Pub.
L.
104–264,
§ 121(a)(1)(B), substituted ‘‘of the next 500,000 passenger
boardings’’ for ‘‘additional passenger boarding’’.
Subsec. (c)(1)(A)(v). Pub. L. 104–264, § 121(a)(1)(A), (C),
(D), added cl. (v).
Subsec. (c)(2). Pub. L. 104–264, § 121(a)(2)(A), amended
par. (2) generally. Prior to amendment, par. (2) read as
follows:
‘‘(2)(A) The Secretary shall apportion to the sponsors
of airports served by aircraft providing air transportation of only cargo with a total annual landed weight
of more than 100,000,000 pounds for each fiscal year an
amount equal to 3.5 percent of the amount subject to
apportionment each year, allocated among those airports in the proportion that the total annual landed
weight of those aircraft landing at each of those airports bears to the total annual landed weight of those
aircraft landing at all those airports. However, not
more than 8 percent of the amount apportioned under
this paragraph may be apportioned for any one airport.
‘‘(B) Landed weight under subparagraph (A) of this
paragraph is the landed weight of aircraft landing at
each of those airports and all those airports during the
prior calendar year.’’
Subsec. (c)(3). Pub. L. 104–264, § 121(a)(3), struck out
par. (3) which read as follows:
‘‘(3)(A) Except as provided in subparagraph (B) of this
paragraph, the total of all amounts apportioned under
paragraphs (1) and (2) of this subsection may not be
more than 49.5 percent of the amount subject to apportionment for a fiscal year. If this subparagraph requires
reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each
sponsor of an airport under paragraphs (1) and (2) until
the 49.5 percent limit is achieved.
‘‘(B) If a law limits the amount subject to apportionment to less than $1,900,000,000 for a fiscal year, the
total of all amounts apportioned under paragraphs (1)
and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that
fiscal year. If this subparagraph requires reduction of
an amount that otherwise would be apportioned under
this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 44 percent
limit is achieved.’’
Subsec. (d)(2). Pub. L. 104–264, § 121(b)(1), substituted
‘‘18.5’’ for ‘‘12’’ in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 104–264, § 121(b)(2), substituted ‘‘0.66’’ for ‘‘one’’.
Subsec. (d)(2)(B), (C). Pub. L. 104–264, § 121(b)(3), (4),
substituted ‘‘49.67’’ for ‘‘49.5’’ and ‘‘excluding primary
airports but including reliever and nonprimary commercial service airports,’’ for ‘‘except primary airports
and airports described in section 47117(e)(1)(C) of this
title,’’.
1994—Subsec. (c)(1)(B). Pub. L. 103–429, § 6(66)(A), substituted ‘‘$500,000’’ for ‘‘$400,000’’.
Subsec. (c)(3). Pub. L. 103–429, § 6(66)(B), designated
existing provisions as subpar. (A), substituted ‘‘Except
as provided in subparagraph (B) of this paragraph, the’’

Page 1047

TITLE 49—TRANSPORTATION

for ‘‘The’’, ‘‘49.5’’ for ‘‘44’’ in two places, and ‘‘If this
subparagraph’’ for ‘‘If this paragraph’’, and added subpar. (B).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
Section 125 of title I of Pub. L. 104–264, which provided that the amendments made by subtitle B
(§§ 121–125) of title I of Pub. L. 104–264, amending this
section and sections 47115, 47117, and 47118 of this title,
were to cease to be effective on Sept. 30, 1998, and that
on and after such date, sections 47114, 47115, 47117, and
47118 of this title were to read as if such amendments
had not been enacted, was repealed by Pub. L. 105–277,
div. C, title I, § 110(a), Oct. 21, 1998, 112 Stat. 2681–587, effective Sept. 29, 1998.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 6(66)(B) of Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set
out as a note under section 321 of this title.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.
APPORTIONED FUNDS
Pub. L. 107–71, title I, § 119(b), Nov. 19, 2001, 115 Stat.
629, provided that: ‘‘For the purpose of carrying out
section 47114 of title 49, United States Code, for fiscal
year 2003, the Secretary shall use, in lieu of passenger
boardings at an airport during the prior calendar year,
the greater of—
‘‘(1) the number of passenger boardings at that airport during 2000; or
‘‘(2) the number of passenger boardings at that airport during 2001.’’
[For definition of ‘‘airport’’ used in section 119(b) of
Pub. L. 107–71, set out above, see section 133 of Pub. L.
107–71, set out as a note under section 40102 of this
title.]

§ 47115. Discretionary fund
(a) EXISTENCE AND AMOUNTS IN FUND.—The
Secretary of Transportation has a discretionary
fund. The fund consists of—
(1) amounts subject to apportionment for a
fiscal year that are not apportioned under section 47114(c)–(e) of this title; and
(2) 12.5 percent of amounts not apportioned
under section 47114 of this title because of section 47114(f).
(b) AVAILABILITY OF AMOUNTS.—Subject to subsection (c) of this section and section 47117(e) of
this title, the fund is available for making
grants for any purpose for which amounts are
made available under section 48103 of this title

§ 47115

that the Secretary considers most appropriate
to carry out this subchapter.
(c) MINIMUM PERCENTAGE FOR PRIMARY AND
RELIEVER AIRPORTS.—At least 75 percent of the
amount in the fund and distributed by the Secretary in a fiscal year shall be used for making
grants—
(1) to preserve and enhance capacity, safety,
and security at primary and reliever airports;
and
(2) to carry out airport noise compatibility
planning and programs at primary and reliever airports.
(d) CONSIDERATIONS.—
(1) FOR CAPACITY ENHANCEMENT PROJECTS.—
In selecting a project for a grant to preserve
and improve capacity funded in whole or in
part from the fund, the Secretary shall consider—
(A) the effect that the project will have on
overall national transportation system capacity;
(B) the benefit and cost of the project, including, in the case of a project at a reliever
airport, the number of operations projected
to be diverted from a primary airport to the
reliever airport as a result of the project, as
well as the cost savings projected to be realized by users of the local airport system;
(C) the financial commitment from nonUnited States Government sources to preserve or improve airport capacity;
(D) the airport improvement priorities of
the States to the extent such priorities are
not in conflict with subparagraphs (A) and
(B);
(E) the projected growth in the number of
passengers or aircraft that will be using the
airport at which the project will be carried
out; and
(F) the ability of the project to foster
United States competitiveness in securing
global air cargo activity at a United States
airport.
(2) FOR ALL PROJECTS.—In selecting a project
for a grant under this section, the Secretary
shall consider among other factors whether—
(A) funding has been provided for all other
projects qualifying for funding during the
fiscal year under this chapter that have attained a higher score under the numerical
priority system employed by the Secretary
in administering the fund; and
(B) the sponsor will be able to commence
the work identified in the project application in the fiscal year in which the grant is
made or within 6 months after the grant is
made, whichever is later.
(e) WAIVING PERCENTAGE REQUIREMENT.—If the
Secretary decides the Secretary cannot comply
with the percentage requirement of subsection
(c) of this section in a fiscal year because there
are insufficient qualified grant applications to
meet that percentage, the amount the Secretary
determines will not be distributed as required by
subsection (c) is available for obligation during
the fiscal year without regard to the requirement.
(f) CONSIDERATION OF DIVERSION OF REVENUES
IN AWARDING DISCRETIONARY GRANTS.—

§ 47115

TITLE 49—TRANSPORTATION

(1) GENERAL RULE.—Subject to paragraph (2),
in deciding whether or not to distribute funds
to an airport from the discretionary funds established by subsection (a) of this section and
section 47116 of this title, the Secretary shall
consider as a factor militating against the distribution of such funds to the airport the fact
that the airport is using revenues generated
by the airport or by local taxes on aviation
fuel for purposes other than capital or operating costs of the airport or the local airports
system or other local facilities which are
owned or operated by the owner or operator of
the airport and directly and substantially related to the actual air transportation of passengers or property.
(2) REQUIRED FINDING.—Paragraph (1) shall
apply only when the Secretary finds that the
amount of revenues used by the airport for
purposes other than capital or operating costs
in the airport’s fiscal year preceding the date
of the application for discretionary funds exceeds the amount of such revenues in the airport’s first fiscal year ending after August 23,
1994, adjusted by the Secretary for changes in
the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(g) MINIMUM AMOUNT TO BE CREDITED.—
(1) GENERAL RULE.—In a fiscal year, there
shall be credited to the fund, out of amounts
made available under section 48103 of this
title, an amount that is at least equal to the
sum of—
(A) $148,000,000; plus
(B) the total amount required from the
fund to carry out in the fiscal year letters of
intent issued before January 1, 1996, under
section 47110(e) of this title or the Airport
and Airway Improvement Act of 1982.
The amount credited is exclusive of amounts
that have been apportioned in a prior fiscal
year under section 47114 of this title and that
remain available for obligation.
(2) REDUCTION OF APPORTIONMENTS.—In a fiscal year in which the amount credited under
subsection (a) is less than the minimum
amount to be credited under paragraph (1), the
total amount calculated under paragraph (3)
shall be reduced by an amount that, when
credited to the fund, together with the amount
credited under subsection (a), equals such minimum amount.
(3) AMOUNT OF REDUCTION.—For a fiscal year,
the total amount available to make a reduction to carry out paragraph (2) is the total of
the amounts determined under sections
47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e)
of this title. Each amount shall be reduced by
an equal percentage to achieve the reduction.
(h) PRIORITY FOR LETTERS OF INTENT.—In making grants in a fiscal year with funds made
available under this section, the Secretary shall
fulfill intentions to obligate under section
47110(e).
(i) CONSIDERATIONS FOR PROJECT UNDER EXPANDED SECURITY ELIGIBILITY.—In order to assure that funding under this subchapter is provided to the greatest needs, the Secretary, in se-

Page 1048

lecting a project described in section 47102(3)(J) 1
for a grant, shall consider the non-federal 2 resources available to sponsor, the use of such
non-federal 2 resources, and the degree to which
the sponsor is providing increased funding for
the project.
(j) MARSHALL ISLANDS, MICRONESIA, AND
PALAU.—For fiscal years 2004 through 2009, and
for the portion of fiscal year 2010 ending before
April 1, 2010, the sponsors of airports located in
the Republic of the Marshall Islands, Federated
States of Micronesia, and Republic of Palau
shall be eligible for grants under this section
and section 47116.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1270;
Pub. L. 103–305, title I, § 112(d), Aug. 23, 1994, 108
Stat. 1576; Pub. L. 103–429, § 6(67), Oct. 31, 1994,
108 Stat. 4386; Pub. L. 104–264, title I, §§ 122, 145,
Oct. 9, 1996, 110 Stat. 3218, 3222; Pub. L. 104–287,
§ 5(81), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 106–6,
§§ 5, 8(a), Mar. 31, 1999, 113 Stat. 10, 11; Pub. L.
107–71, title I, § 119(a)(3), Nov. 19, 2001, 115 Stat.
628; Pub. L. 108–176, title I, §§ 148, 188, Dec. 12,
2003, 117 Stat. 2504, 2519; Pub. L. 110–253, § 3(c)(5),
June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, § 5(f),
Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, § 5(e),
Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, § 5(f),
Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, § 5(e),
Dec. 16, 2009, 123 Stat. 3032.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47115(a) ......

49 App.:2206(c)(1)
(1st, 2d sentences).

47115(b) ......

49 App.:2206(c)(1)
(3d, last sentences).
49 App.:2206(c)(2).
49 App.:2206(c)(3).
49 App.:2206(c)(4).

47115(c) ......
47115(d) ......
47115(e) ......

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 507(c), 96 Stat. 679; Jan. 6,
1983,
Pub.
L.
97–424,
§ 426(a), (d), 96 Stat. 2167,
2168; restated Dec. 30, 1987,
Pub. L. 100–223, § 106(a), 101
Stat. 1496; Nov. 5, 1990,
Pub. L. 101–508, § 9112(a),
104 Stat. 1388–362.

In subsection (a), before clause (1), the words ‘‘The
Secretary of Transportation has a discretionary fund’’
are added for clarity. In clause (1), the words ‘‘subject
to apportionment for a fiscal year’’ are substituted for
‘‘which are made available for a fiscal year under section 2204 of this Appendix’’ and ‘‘which have not been
previously apportioned by the Secretary’’ for consistency with section 47114 of the revised title.
In subsection (c), before clause (1), the words ‘‘Subject to section 2207(d) of this Appendix and paragraph
(4) of this subsection’’ and ‘‘pursuant to paragraph (1)
and distributed by the Secretary under this subsection
in a fiscal year beginning after September 30, 1987’’ are
omitted as surplus.
In subsection (d), before clause (1), the words ‘‘at airports’’ are omitted as surplus. In clause (3), the words
‘‘airport operator or other’’ are omitted as surplus.
In subsection (e), the words ‘‘submitted in compliance with this chapter’’ and ‘‘portion of’’ are omitted
as surplus.
1 See
2 So

References in Text note below.
in original. Probably should be ‘‘non-Federal’’.

Page 1049

TITLE 49—TRANSPORTATION
PUB. L. 103–429

Revised
Section
47115(f) .......

Source (U.S. Code)
49 App.:2206(c)(5).

49 App.:2206 (note).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 507(c)(5), as added May
26, 1994, Pub. L. 103–260,
§ 104(a), 108 Stat. 698.
May 26, 1994, Pub. L. 103–260,
§ 104(b), 108 Stat. 699.

In subsection (f), the text of section 104(b) of the Airport Improvement Program Temporary Extension Act
of 1994 (Public Law 103–260, 108 Stat. 699) is omitted as
executed.
PUB. L. 104–287, § 5(81)(A)
This sets out the date of enactment of 49:47115(f), as
enacted by section 112(d) of the Federal Aviation Administration Authorization Act of 1994 (Public Law
103–305, 108 Stat. 1576).
PUB. L. 104–287, § 5(81)(B)
This redesignates 49:47115(f), as enacted by section
6(67) of the Act of October 31, 1994 (Public Law 103–429,
108 Stat. 4386), as 49:47115(g).
REFERENCES IN TEXT
The Airport and Airway Improvement Act of 1982, referred to in subsec. (g)(1)(B), is title V of Pub. L. 97–248,
Sept. 3, 1982, 96 Stat. 671, as amended, which was classified principally to chapter 31 (§ 2201 et seq.) of former
Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat.
1379, and reenacted by the first section thereof as this
subchapter.
Section 47102(3)(J), referred to in subsec. (i), was repealed and subpar. (M) was redesignated (J) by Pub. L.
108–176, title I, § 159(b)(1)(A), Dec. 12, 2003, 117 Stat. 2510.
AMENDMENTS
2009—Subsec. (j). Pub. L. 111–116 substituted ‘‘April 1,
2010,’’ for ‘‘January 1, 2010,’’.
Pub. L. 111–69 inserted ‘‘and for the portion of fiscal
year 2010 ending before January 1, 2010,’’ after ‘‘2009,’’.
Pub. L. 111–12 substituted ‘‘2009,’’ for ‘‘2008, and for
the portion of fiscal year 2009 ending before April 1,
2009,’’.
2008—Subsec. (j). Pub. L. 110–330 inserted ‘‘and for the
portion of fiscal year 2009 ending before April 1, 2009,’’
after ‘‘2008,’’.
Pub. L. 110–253 substituted ‘‘fiscal years 2004 through
2008,’’ for ‘‘fiscal years 2004 through 2007,’’.
2003—Subsec. (d). Pub. L. 108–176, § 148, amended subsec. (d) generally. Prior to amendment, subsec. (d) listed six things the Secretary was required to consider in
selecting a project for a grant to preserve and enhance
capacity as described in subsection (c)(1) of this section.
Subsec. (j). Pub. L. 108–176, § 188, added subsec. (j).
2001—Subsec. (i). Pub. L. 107–71 added subsec. (i).
1999—Subsec. (a)(2). Pub. L. 106–6, § 8(a)(1), substituted
‘‘12.5’’ for ‘‘25’’.
Subsec. (b). Pub. L. 106–6, § 8(a)(2), struck out at end
‘‘However, 50 percent of amounts not apportioned under
section 47114 of this title because of section 47114(f) and
added to the fund is available for making grants for
projects at small hub airports (as defined in section
41731 of this title).’’
Subsec. (g)(4). Pub. L. 106–6, § 5, which directed the
amendment of section 47115(g) by striking paragraph
(4), without specifying the Code title to be amended,
was executed by striking heading and text of par. (4) of
subsec. (g) of this section, to reflect the probable intent
of Congress. Text read as follows: ‘‘For a fiscal year in
which the amount credited to the fund under this subsection exceeds $300,000,000, the Secretary shall allocate
the amount of such excess as follows:
‘‘(A) 1⁄3 shall be made available to airports for which
apportionments are made under section 47114(d) of
this title.

§ 47115

‘‘(B) 1⁄3 shall be made available for airport noise
compatibility planning under section 47505(a)(2) of
this title and for carrying out noise compatibility
programs under section 47504(c)(1) of this title.
‘‘(C) 1⁄3 shall be made available to current or former
military airports for which grants may be made
under section 47117(e)(1)(B) of this title.’’
1996—Subsec. (d)(2). Pub. L. 104–264, § 145(a)(1), substituted ‘‘, including, in the case of a project at a reliever airport, the number of operations projected to be
diverted from a primary airport to the reliever airport
as a result of the project, as well as the cost savings
projected to be realized by users of the local airport
system;’’ for ‘‘; and’’.
Subsec. (d)(4) to (6). Pub. L. 104–264, § 145(a)(2), (3),
added pars. (4) to (6).
Subsec. (f). Pub. L. 104–287, § 5(81)(B), which directed
that subsec. (f), as enacted by Pub. L. 103–429, be redesignated (g), could not be executed because of amendment by Pub. L. 104–264, § 122, which struck out that
subsec. See below.
Pub. L. 104–264, § 122, struck out subsec. (f), relating
to minimum amount to be credited, which read as follows:
‘‘(f) MINIMUM AMOUNT TO BE CREDITED.—(1) In a fiscal
year, at least $325,000,000 of the amount made available
under section 48103 of this title shall be credited to the
fund. The amount credited is exclusive of amounts that
have been apportioned in a prior fiscal year under section 47114 of this title and that remain available for obligation.
‘‘(2) In a fiscal year in which the amount credited
under subsection (a) of this section is less than
$325,000,000, the total amount calculated under paragraph (3) of this subsection shall be reduced by an
amount that, when credited to the fund, together with
the amount credited under subsection (a), equals
$325,000,000.
‘‘(3) For a fiscal year, the total amount available to
reduce to carry out paragraph (2) of this subsection is
the total of the amounts determined under sections
47114(c)(1)(A) and (2) and (d) and 47117(e) of this title.
Each amount shall be reduced by an equal percentage
to achieve the reduction.’’
Subsec. (f)(2). Pub. L. 104–287, § 5(81)(A), substituted
‘‘August 23, 1994’’ for ‘‘the date of the enactment of this
subsection’’.
Subsec. (g). Pub. L. 104–264, § 122, added subsec. (g).
Subsec. (h). Pub. L. 104–264, § 145(b), added subsec. (h).
1994—Subsec. (f). Pub. L. 103–429 added subsec. (f) relating to minimum amount to be credited.
Pub. L. 103–305 added subsec. (f) relating to consideration of diversion of revenues in awarding discretionary grants.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–116 effective Jan. 1, 2010,
see section 5(j) of Pub. L. 111–116, set out as a note
under section 40117 of this title.
Amendment by Pub. L. 111–12 effective Apr. 1, 2009,
see section 5(j) of Pub. L. 111–12, set out as a note under
section 40117 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–330 effective Oct. 1, 2008,
see section 5(l) of Pub. L. 110–330, set out as a note
under section 40117 of this title.
Amendment by Pub. L. 110–253 effective July 1, 2008,
see section 3(d) of Pub. L. 110–253, set out as a note
under section 9502 of Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 5(81)(B) of Pub. L. 104–287 effective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287,

§ 47116

TITLE 49—TRANSPORTATION

as amended, set out as a note under section 47117 of this
title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 47116. Small airport fund
(a) EXISTENCE AND AMOUNTS IN FUND.—The
Secretary of Transportation has a small airport
fund. The fund consists of 87.5 percent of
amounts not apportioned under section 47114 of
this title because of section 47114(f).
(b) DISTRIBUTION OF AMOUNTS.—The Secretary
may distribute amounts in the fund in each fiscal year for any purpose for which amounts are
made available under section 48103 of this title
as follows:
(1) one-seventh for grants for projects at
small hub airports; and
(2) the remaining amounts based on the following:
(A) one-third for grants to sponsors of public-use airports (except commercial service
airports).
(B) two-thirds for grants to sponsors of
each commercial service airport that each
year has less than .05 percent of the total
boardings in the United States in that year.
(c) AUTHORITY TO RECEIVE GRANT NOT DEPENDENT ON PARTICIPATION IN BLOCK GRANT PILOT
PROGRAM.—An airport in a State participating
in the State block grant pilot program under
section 47128 of this title may receive a grant
under this section to the same extent the airport may receive a grant if the State were not
participating in the program.
(d) PRIORITY CONSIDERATION FOR CERTAIN
PROJECTS.—
(1) CONSTRUCTION OF NEW RUNWAYS.—In making grants to sponsors described in subsection
(b)(2), the Secretary shall give priority consideration to multi-year projects for construction
of new runways that the Secretary finds are
cost beneficial and would increase capacity in
a region of the United States.
(2) AIRPORT DEVELOPMENT FOR TURBINE POWERED AIRCRAFT.—In making grants to sponsors
described in subsection (b)(1), the Secretary
shall give priority consideration to airport development projects to support operations by
turbine powered aircraft if the non-Federal
share of the project is at least 40 percent.
(e) SET-ASIDE FOR MEETING SAFETY TERMS IN
AIRPORT OPERATING CERTIFICATES.—In the first
fiscal year beginning after the effective date of
regulations issued to carry out section 44706(b)
with respect to airports described in section
44706(a)(2), and in each of the next 4 fiscal years,
the lesser of $15,000,000 or 20 percent of the
amounts that would otherwise be distributed to
sponsors of airports under subsection (b)(2) shall
be used to assist the airports in meeting the
terms established by the regulations. If the Secretary publishes in the Federal Register a finding that all the terms established by the regulations have been met, this subsection shall cease
to be effective as of the date of such publication.
(f) NOTIFICATION OF SOURCE OF GRANT.—Whenever the Secretary makes a grant under this sec-

Page 1050

tion, the Secretary shall notify the recipient of
the grant, in writing, that the source of the
grant is from the small airport fund.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1271;
Pub. L. 104–264, title I, § 146, Oct. 9, 1996, 110 Stat.
3223; Pub. L. 106–6, § 8(b), Mar. 31, 1999, 113 Stat.
11; Pub. L. 106–181, title I, § 128, Apr. 5, 2000, 114
Stat. 76; Pub. L. 108–176, title VIII, § 801(b), Dec.
12, 2003, 117 Stat. 2587.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

47116(a) ......

49 App.:2206(d)(1)
(words before ‘‘to
be distributed’’).

Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 507(d); added
Nov. 5, 1990, Pub. L.
101–508, § 9112(b), 104 Stat.
1388–362.

47116(b) ......

49 App.:2206(d)(1)
(words after
‘‘small airport
fund’’), (2), (3).
49 App.:2206(d)(4).

47116(c) ......

In subsection (a), the words ‘‘The Secretary of Transportation has a small airport fund’’ are added for clarity.
In subsection (b), before clause (1), the words ‘‘under
this subsection’’ are omitted as surplus. In clauses (1)
and (2), the words ‘‘used’’ and ‘‘making’’ are omitted as
surplus.
In subsection (c), the word ‘‘pilot’’ is added for consistency with section 47128 of the revised title.
AMENDMENTS
2003—Subsec. (b)(1). Pub. L. 108–176 struck out ‘‘(as
defined in section 41731 of this title)’’ after ‘‘small hub
airports’’.
2000—Subsec. (d). Pub. L. 106–181, § 128(c), designated
existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).
Subsec. (e). Pub. L. 106–181, § 128(a), added subsec. (e).
Subsec. (f). Pub. L. 106–181, § 128(b), added subsec. (f).
1999—Subsec. (a). Pub. L. 106–6, § 8(b)(1), substituted
‘‘87.5’’ for ‘‘75’’.
Subsec. (b). Pub. L. 106–6, § 8(b)(2), added pars. (1) and
(2) and redesignated former pars. (1) and (2) as subpars.
(A) and (B), respectively, of par. (2).
1996—Subsec. (d). Pub. L. 104–264 added subsec. (d).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 47117. Use of apportioned amounts
(a) GRANT PURPOSE.—Except as provided in
this section, an amount apportioned under section 47114(c)(1) or (d)(2) of this title is available
for making grants for any purpose for which
amounts are made available under section 48103
of this title.

Page 1051

TITLE 49—TRANSPORTATION

(b) PERIOD OF AVAILABILITY.—An amount apportioned under section 47114 of this title is
available to be obligated for grants under the
apportionment only during the fiscal year for
which the amount was apportioned and the 2 fiscal years immediately after that year or the 3
fiscal years immediately following that year in
the case of a nonhub airport or any airport that
is not a commercial service airport. If the
amount is not obligated under the apportionment within that time, it shall be added to the
discretionary fund.
(c) PRIMARY AIRPORTS.—(1) An amount apportioned to a sponsor of a primary airport under
section 47114(c)(1) of this title is available for
grants for any public-use airport of the sponsor
included in the national plan of integrated airport systems.
(2) WAIVER.—A sponsor of an airport may
make an agreement with the Secretary of
Transportation waiving the sponsor’s claim to
any part of the amount apportioned for the airport under sections 47114(c) and 47114(d)(3)(A) if
the Secretary agrees to make the waived
amount available for a grant for another publicuse airport in the same State or geographical
area as the airport, as determined by the Secretary.
(d) STATE USE.—An amount apportioned to a
State under—
(1) section 47114(d)(2)(A) of this title is available for grants for airports located in the
State; and
(2) section 47114(d)(2)(B) or (C) of this title is
available for grants for airports described in
section 47114(d)(2)(B) or (C) and located in the
State.
(e) SPECIAL APPORTIONMENT CATEGORIES.—(1)
The Secretary shall use amounts available to
the discretionary fund under section 47115 of this
title for each fiscal year as follows:
(A) At least 35 percent for grants for airport
noise compatibility planning under section
47505(a)(2), for carrying out noise compatibility programs under section 47504(c), for noise
mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible
land use planning and projects carried out by
State and local governments under section
47141, and for airport development described in
section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to
comply with the Clean Air Act (42 U.S.C. 7401
et seq.). The Secretary may count the amount
of grants made for such planning and programs with funds apportioned under section
47114 in that fiscal year in determining whether or not such 35 percent requirement is being
met in that fiscal year.
(B) at 1 least 4 percent to sponsors of current
or former military airports designated by the
Secretary under section 47118(a) of this title
for grants for developing current and former
military airports to improve the capacity of
the national air transportation system and to
sponsors of noncommercial service airports for
grants for operational and maintenance expenses at any such airport if the amount of
1 So

in original. Probably should be capitalized.

§ 47117

such grants to the sponsor of the airport does
not exceed $30,000 in that fiscal year, if the
Secretary determines that the airport is adversely affected by the closure or realignment
of a military base, and if the sponsor of the
airport certifies that the airport would otherwise close if the airport does not receive the
grant.
(C) In any fiscal year in which the total
amount made available under section 48103 is
$3,200,000,000 or more, at least two-thirds of 1
percent for grants to sponsors of reliever airports which have—
(i) more than 75,000 annual operations;
(ii) a runway with a minimum usable landing distance of 5,000 feet;
(iii) a precision instrument landing procedure;
(iv) a minimum number of aircraft, to be
determined by the Secretary, based at the
airport; and
(v) been designated by the Secretary as a
reliever airport to an airport with 20,000
hours of annual delays in commercial passenger aircraft takeoffs and landings.
(2) If the Secretary decides that an amount required to be used for grants under paragraph (1)
of this subsection cannot be used for a fiscal
year because there are insufficient qualified
grant applications, the amount the Secretary
determines cannot be used is available during
the fiscal year for grants for other airports or
for other purposes for which amounts are authorized for grants under section 48103 of this
title.
(3) PRIORITY.—The Secretary shall give priority in making grants under paragraph (1)(A) to
applications for airport noise compatibility
planning and programs at and around—
(A) Chicago O’Hare International Airport;
(B) LaGuardia Airport;
(C) John F. Kennedy International Airport;
and
(D) Ronald Reagan Washington National
Airport.
(f) DISCRETIONARY USE OF APPORTIONMENTS.—
(1) IN GENERAL.—Subject to paragraph (2), if
the Secretary finds that all or part of an
amount of an apportionment under section
47114 is not required during a fiscal year to
fund a grant for which the apportionment may
be used, the Secretary may use during such
fiscal year the amount not so required to
make grants for any purpose for which grants
may be made under section 48103. The finding
may be based on the notifications that the
Secretary receives under section 47105(f) or on
other information received from airport sponsors.
(2) RESTORATION OF APPORTIONMENTS.—
(A) IN GENERAL.—If the fiscal year for
which a finding is made under paragraph (1)
with respect to an apportionment is not the
last fiscal year of availability of the apportionment under subsection (b), the Secretary
shall restore to the apportionment an
amount equal to the amount of the apportionment used under paragraph (1) for a discretionary grant whenever a sufficient
amount is made available under section
48103.

§ 47117

TITLE 49—TRANSPORTATION

(B) PERIOD OF AVAILABILITY.—If restoration under this paragraph is made in the fiscal year for which the finding is made or the
succeeding fiscal year, the amount restored
shall be subject to the original period of
availability of the apportionment under subsection (b). If the restoration is made thereafter, the amount restored shall remain
available in accordance with subsection (b)
for the original period of availability of the
apportionment plus the number of fiscal
years during which a sufficient amount was
not available for the restoration.
(3) NEWLY AVAILABLE AMOUNTS.—
(A) RESTORED AMOUNTS TO BE UNAVAILABLE
FOR DISCRETIONARY GRANTS.—Of an amount
newly available under section 48103 of this
title, an amount equal to the amounts restored under paragraph (2) shall not be available for discretionary grant obligations
under section 47115.
(B) USE OF REMAINING AMOUNTS.—Subparagraph (A) does not impair the Secretary’s
authority under paragraph (1), after a restoration under paragraph (2), to apply all or
part of a restored amount that is not required to fund a grant under an apportionment to fund discretionary grants.
(4) LIMITATIONS ON OBLIGATIONS APPLY.—
Nothing in this subsection shall be construed
to authorize the Secretary to incur grant obligations under section 47104 for a fiscal year in
an amount greater than the amount made
available under section 48103 for such obligations for such fiscal year.
(g) LIMITING AUTHORITY OF SECRETARY.—The
authority of the Secretary to make grants during a fiscal year from amounts that were apportioned for a prior fiscal year and remain available for approved airport development project
grants under subsection (b) of this section may
be impaired only by a law enacted after September 3, 1982, that expressly limits that authority.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1271;
Pub. L. 103–305, title I, § 116(a), Aug. 23, 1994, 108
Stat. 1579; Pub. L. 103–429, § 6(68), Oct. 31, 1994,
108 Stat. 4387; Pub. L. 104–264, title I, §§ 123,
124(d), Oct. 9, 1996, 110 Stat. 3219, 3220; Pub. L.
104–287, § 5(82), Oct. 11, 1996, 110 Stat. 3397; Pub.
L. 105–102, § 3(c)(1), (2), Nov. 20, 1997, 111 Stat.
2215; Pub. L. 106–6, § 7, Mar. 31, 1999, 113 Stat. 10;
Pub. L. 106–31, title VI, § 6002(d), May 21, 1999, 113
Stat. 113; Pub. L. 106–181, title I, §§ 104(e)–(g), 129,
title II, § 231(f), Apr. 5, 2000, 114 Stat. 70, 77, 114;
Pub. L. 108–176, title I, §§ 149(c), 150, 151, Dec. 12,
2003, 117 Stat. 2505, 2506.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
47117(a) ......

Source (U.S. Code)
49 App.:2207(b)(1)
(related to purposes for which
funds may be
used).
49 App.:2207(c) (1st
sentence related
to purposes for
which funds are
available).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§§ 506(e)(4), 508(b), 96 Stat.
679, 681.
Sept. 3, 1982, Pub. L. 97–248,
§ 508(c), 96 Stat. 682; Dec.
30, 1987, Pub. L. 100–223,
§ 106(b)(2)(C),
101
Stat.
1498.

Page 1052

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47117(b) ......

49 App.:2207(a).

47117(c)(1) ..

49 App.:2207(b)(1)
(related to airports at which
funds may be
used).
49 App.:2207(b)(2).
49 App.:2207(c) (1st
sentence related
to airports at
which funds are
available, last
sentence).
49 App.:2202(a)(11).

47117(c)(2) ..
47117(d) ......

47117(e) ......

49 App.:2207(d).

47117(f) .......

49 App.:2206(b)(5)(D).

47117(g) ......

49 App.:2207(e)(1).

49 App.:2207(e)(2).

47117(h) ......

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 508(a), 96 Stat. 681; Dec.
30, 1987, Pub. L. 100–223,
§ 106(b)(2)(A), (B), 101 Stat.
1497.

Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(11), 96 Stat. 673;
Dec. 30, 1987, Pub. L.
100–223,
§ 103(c)(1),
101
Stat. 1488.
Sept. 3, 1982, Pub. L. 97–248,
§ 508(d), 96 Stat. 682; Dec.
30, 1987, Pub. L. 100–223,
§§ 106(b)(2)(D),
107,
101
Stat. 1498; Nov. 5, 1990,
Pub. L. 101–508, § 9109(b),
104 Stat. 1388–356; Oct. 31,
1992, Pub. L. 102–581,
§§ 107(a), 108, 106 Stat.
4878, 4879.
Sept. 3, 1982, Pub. L. 97–248,
§ 507(b)(5)(D), 96 Stat. 679;
Jan. 6, 1983, Pub. L.
97–424, § 426(a), (d), 96
Stat. 2167, 2168; restated
Dec. 30, 1987, Pub. L.
100–223, § 106(a), 101 Stat.
1496.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 508(e)(1);
added Oct. 2, 1982, Pub. L.
97–276, § 167, 96 Stat. 1204;
Dec. 30, 1987, Pub. L.
100–223, § 106(b)(2)(E), 101
Stat. 1498.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 508(e)(2);
added Oct. 2, 1982, Pub. L.
97–276, § 167, 96 Stat. 1205.

49 App.:2205(e)(4).

In subsection (b), the words ‘‘for grants’’ are added,
and the word ‘‘apportioned’’ is substituted for ‘‘first authorized to be obligated’’, for clarity. The words ‘‘established by section 2206(c) of this Appendix’’ are omitted as surplus.
In subsection (c)(2), the word ‘‘if’’ is substituted for
‘‘on the condition that’’ to eliminate unnecessary
words. The word ‘‘in’’ is substituted for ‘‘which is a
part of’’ for clarity.
Subsection (d) is substituted for 49 App.:2207(c) (1st
sentence related to airports at which funds are available) for clarity. The text of 49 App.:2207(c) (last sentence) is omitted as surplus because of section 47105(a)
of the revised title.
In subsection (e)(1), the words ‘‘The Secretary shall
use . . . (A) . . . for grants . . . (B) . . . for grants . . .
(C) . . . for grants . . . (D) . . . for . . . grants . . . (E)
. . . for grants’’ are substituted for ‘‘shall be distributed’’ and ‘‘shall be obligated’’ for clarity and consistency in the revised title. Clause (C)(ii) is substituted
for 49 App.:2207(d)(3)(B) and (C) to eliminate unnecessary words. In clause (E), the references to fiscal years
1991 and 1992 are omitted as obsolete.
In subsection (e)(2), the words ‘‘for each fiscal year’’
are omitted as surplus.
In subsection (e)(3), the words ‘‘an amount required
to be used for grants under paragraph (1) of this subsection cannot be used’’ are substituted for ‘‘he will not
be able to distribute the amount of funds required to be
distributed under paragraph (1), (2), (3), or (4) of this
subsection’’ for consistency. The words ‘‘submitted in
compliance with this chapter’’ are omitted as surplus.
The words ‘‘cannot be used’’ are substituted for ‘‘will
not be distributed’’ for consistency. The words ‘‘for

Page 1053

TITLE 49—TRANSPORTATION

which amounts are’’ are added for clarity and consistency in this chapter.
Subsection (f) is substituted for 49 App.:2206(b)(5)(D)
for clarity and consistency in the revised title.
In subsection (g)(1), the words ‘‘and (3)’’ are omitted
because 49 App.:2207(e)(3) has expired. The words ‘‘at his
discretion’’ are omitted as surplus.
In subsection (g)(2)(A), the words ‘‘made available’’
are substituted for ‘‘authorized’’ for clarity.
In subsection (h), the words ‘‘to make grants’’ are
substituted for ‘‘to obligate to an airport by grant
agreement’’ for consistency in the revised title and to
eliminate unnecessary words. The words ‘‘the unobligated balance of’’ are omitted as surplus. The words
‘‘limits that authority’’ are substituted for ‘‘limits the
application of this paragraph’’ for clarity. The words
‘‘in addition to the amounts authorized for that fiscal
year by section 2204 of this Appendix’’ are omitted as
surplus.
PUB. L. 103–429
Revised
Section
47117(e) ......

Source (U.S. Code)
49 App.:2207(d).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 508(d), as amended May
26, 1994, Pub. L. 103–260,
§ 105, 108 Stat. 699.

PUB. L. 104–287, § 5(82)(A)
This amends 49:47117(e)(1)(B) because of the redesignation of 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and
(D) by section 6(71)(C) of the Act of October 31, 1994
(Public Law 103–429, 108 Stat. 4387).
PUB. L. 104–287, § 5(82)(B)
This amends 49:47117(g)(1) because of the redesignation of 49:47105(e) as 49:47105(f) by section 107(a)(1) of the
Federal Aviation Administration Authorization Act of
1994 (Public Law 103–305, 108 Stat. 1572).
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (e)(1)(A), is
act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which
is classified generally to chapter 85 (§ 7401 et seq.) of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title
note set out under section 7401 of Title 42 and Tables.
AMENDMENTS
2003—Subsec. (b). Pub. L. 108–176, § 150, substituted
‘‘nonhub airport or any airport that is not a commercial service airport’’ for ‘‘primary airport that had less
than .05 percent of the total boardings in the United
States in the preceding calendar year’’.
Subsec. (c)(2). Pub. L. 108–176, § 149(c), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ‘‘A sponsor of a primary airport may make an
agreement with the Secretary of Transportation waiving any part of the amount apportioned for the airport
under section 47114(c)(1) of this title if the Secretary
makes the waived amount available for a grant for another public-use airport in the same State or geographical area as the primary airport.’’
Subsec. (e)(1)(A). Pub. L. 108–176, § 151, substituted
‘‘At least 35 percent’’ for ‘‘At least 34 percent’’, ‘‘section 47505(a)(2),’’ for ‘‘section 47505(a)(2) of this title
and’’, ‘‘, for noise mitigation projects approved in an
environmental record of decision for an airport development project under this title, for compatible land use
planning and projects carried out by State and local
governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or
47102(3)(L) to comply with the Clean Air Act (42 U.S.C.
7401 et seq.).’’ for ‘‘of this title.’’, and ‘‘35 percent requirement’’ for ‘‘34 percent requirement’’.
2000—Subsec. (e)(1)(A). Pub. L. 106–181, § 104(e), substituted ‘‘34 percent’’ for ‘‘31 percent’’ in two places.
Subsec. (e)(1)(C). Pub. L. 106–181, § 104(f), added subpar. (C).

§ 47117

Subsec. (e)(3). Pub. L. 106–181, § 231(f), added par. (3).
Subsec. (f). Pub. L. 106–181, § 129, amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows:
‘‘(f) DISCRETIONARY USE OF APPORTIONMENTS.—(1)
Subject to paragraph (2) of this subsection, if the Secretary finds, based on the notices the Secretary receives under section 47105(f) of this title or otherwise,
that an amount apportioned under section 47114 of this
title will not be used for grants during a fiscal year, the
Secretary may use an equal amount for grants during
that fiscal year for any of the purposes for which
amounts are authorized for grants under section 48103
of this title.
‘‘(2) The Secretary may make a grant under paragraph (1) of this subsection only if the Secretary decides that—
‘‘(A) the total amount used for grants for the fiscal
year under section 48103 of this title will not be more
than the amount made available under section 48103
for that fiscal year; and
‘‘(B) the amounts authorized for grants under section 48103 of this title for later fiscal years are sufficient for grants of the apportioned amounts that
were not used for grants under the apportionment
during the fiscal year and that remain available
under subsection (b) of this section.’’
Pub. L. 106–181, § 104(g), redesignated subsec. (g) as (f)
and struck out heading and text of former subsec. (f).
Text read as follows: ‘‘The Secretary may not make a
grant for a commercial service airport in Alaska of
more than 110 percent of the amount apportioned for
the airport for a fiscal year under section 47114(e) of
this title.’’
Subsecs. (g), (h). Pub. L. 106–181, § 104(g), redesignated
subsecs. (g) and (h) as (f) and (g), respectively.
1999—Subsec. (e)(1)(B). Pub. L. 106–31 struck out ‘‘for
each of fiscal years 1997 and 1998’’ after ‘‘4 percent’’.
Pub. L. 106–6 made amendment identical to that made
by Pub. L. 105–102, § 3(c)(2). See 1997 Amendment note
below.
1997—Subsec. (e)(1)(A). Pub. L. 105–102, § 3(c)(1)(B),
added Pub. L. 104–264, § 123(d). See 1996 Amendment note
below.
Subsec. (e)(1)(B). Pub. L. 105–102, § 3(c)(2), repealed
Pub. L. 104–264, § 124(d). See 1996 Amendment note
below.
Pub. L. 105–102, § 3(c)(1)(A), amended Pub. L. 104–264,
§ 123(b)(6). See 1996 Amendment note below.
1996—Subsec. (b). Pub. L. 104–264, § 123(a), inserted ‘‘or
the 3 fiscal years immediately following that year in
the case of a primary airport that had less than .05 percent of the total boardings in the United States in the
preceding calendar year’’ before period at end of first
sentence.
Subsec. (e)(1). Pub. L. 104–264, § 123(b)(1), substituted
‘‘available to the discretionary fund under section
47115’’ for ‘‘made available under section 48103’’ in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 104–264, § 123(d), as added by
Pub. L. 105–102, § 3(c)(1)(B), substituted ‘‘47504(c)’’ for
‘‘47504(c)(1)’’.
Pub. L. 104–264, § 123(b)(4), (5), substituted ‘‘At least
31’’ for ‘‘at least 12.5’’ and inserted at end ‘‘The Secretary may count the amount of grants made for such
planning and programs with funds apportioned under
section 47114 in that fiscal year in determining whether
or not such 31 percent requirement is being met in that
fiscal year.’’
Pub. L. 104–264, § 123(b)(2), (3), redesignated subpar. (B)
as (A) and struck out former subpar. (A) which read as
follows: ‘‘at least 5 percent for grants for reliever airports.’’
Subsec. (e)(1)(B). Pub. L. 104–287, § 5(82)(A), which directed the amendment of subpar. (B) by substituting
‘‘47504(c)’’ for ‘‘47504(c)(1)’’, could not be executed because ‘‘47504(c)(1)’’ did not appear in text of subpar. (B)
subsequent to amendment by Pub. L. 104–264. See
below.
Pub. L. 104–264, § 124(d), which directed the amendment of subpar. (B) by substituting ‘‘1996, 1997, and

§ 47118

TITLE 49—TRANSPORTATION

1998’’ for ‘‘and 1996,’’, was repealed by Pub. L. 105–102,
§ 3(c)(2).
Pub. L. 104–264, § 123(b)(6), as amended by Pub. L.
105–102, § 3(c)(1)(A), substituted ‘‘at least 4 percent for
each of fiscal years 1997 and 1998’’ for ‘‘at least 2.25 percent for the fiscal year ending September 30, 1993, and
at least 2.5 percent for each of the fiscal years ending
September 30, 1994, 1995, and 1996,’’.
Pub. L. 104–264, § 123(b)(3), (7), redesignated subpar. (E)
as (B) and inserted before period at end ‘‘and to sponsors of noncommercial service airports for grants for
operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the
airport does not exceed $30,000 in that fiscal year, if the
Secretary determines that the airport is adversely affected by the closure or realignment of a military base,
and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant’’. Former subpar. (B) redesignated (A).
Subsec. (e)(1)(C), (D). Pub. L. 104–264, § 123(b)(2),
struck out subpars. (C) and (D) which read as follows:
‘‘(C) at least 1.5 percent for grants for—
‘‘(i) nonprimary commercial service airports; and
‘‘(ii) public airports (except commercial service airports) that were eligible for United States Government assistance from amounts apportioned under section 15(a)(3) of the Airport and Airway Development
Act of 1970, and to which section 15(a)(3)(A)(I) or (II)
of the Act applied during the fiscal year that ended
September 30, 1981.
‘‘(D) at least .75 percent for integrated airport system
planning grants to planning agencies designated by the
Secretary and authorized by the laws of a State or political subdivision of a State to do planning for an area
of the State or subdivision in which a grant under this
chapter is to be used.’’
Subsec. (e)(1)(E). Pub. L. 104–264, § 123(b)(3), redesignated subpar. (E) as (B).
Subsec. (e)(2), (3). Pub. L. 104–264, § 123(c), redesignated par. (3) as (2) and struck out former par. (2) which
read as follows: ‘‘A grant from the amount apportioned
under section 47114(e) of this title may not be included
as part of the 1.5 percent required to be used for grants
under paragraph (1)(C) of this subsection.’’
Subsec. (g)(1). Pub. L. 104–287, § 5(82)(B), substituted
‘‘47105(f)’’ for ‘‘47105(e)’’.
1994—Subsec. (e)(1)(A). Pub. L. 103–429, § 6(68)(A), substituted ‘‘5 percent’’ for ‘‘10 percent’’.
Subsec. (e)(1)(C). Pub. L. 103–429, § 6(68)(B), substituted ‘‘1.5 percent’’ for ‘‘2.5 percent’’ in introductory
provisions.
Subsec. (e)(1)(D). Pub. L. 103–429, § 6(68)(C), substituted ‘‘.75 percent’’ for ‘‘.5 percent’’.
Subsec. (e)(1)(E). Pub. L. 103–305 substituted ‘‘, 1995,
and 1996’’ for ‘‘, and 1995’’.
Subsec. (e)(2). Pub. L. 103–429, § 6(68)(D), substituted
‘‘1.5 percent’’ for ‘‘2.5 percent’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–102, § 3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(1)(B) is
effective Oct. 9, 1996.
Amendment by Pub. L. 105–102 effective as if included
in the provisions of the Act to which the amendment
relates, see section 3(f) of Pub. L. 105–102, set out as a
note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 8(2) of Pub. L. 104–287, as amended by Pub. L.
105–102, § 3(d)(2)(B), Nov. 20, 1997, 111 Stat. 2215, provided

Page 1054

that: ‘‘The amendments made by section 5(81)(B),
(82)(A), and (83)(A) [amending this section and sections
47115 and 47118 of this title] shall take effect on September 30, 1998.’’
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 47118. Designating current and former military
airports
(a) GENERAL REQUIREMENTS.—The Secretary of
Transportation shall designate current or
former military airports for which grants may
be made under section 47117(e)(1)(B) of this title.
The maximum number of airports bearing such
designation at any time is 15. The Secretary
may only so designate an airport (other than an
airport so designated before August 24, 1994) if—
(1) the airport is a former military installation closed or realigned under—
(A) section 2687 of title 10;
(B) section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note); or
(C) section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note); or
(2) the airport is a military installation with
both military and civil aircraft operations.
(b) SURVEY.—Not later than September 30,
1991, the Secretary shall complete a survey of
current and former military airports to identify
which airports have the greatest potential to
improve the capacity of the national air transportation system. The survey shall identify the
capital development needs of those airports to
make them part of the system and which of
those qualify for grants under section 47104 of
this title.
(c) CONSIDERATIONS.—In carrying out this section, the Secretary shall consider only current
or former military airports for designation
under this section if a grant under section
47117(e)(1)(B) would—
(1) reduce delays at an airport with more
than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings;
or
(2) enhance airport and air traffic control
system capacity in a metropolitan area or reduce current and projected flight delays.
under
section
(d)
GRANTS.—Grants
47117(e)(1)(B) of this title may be made for an
airport designated under subsection (a) of this
section for the 5 fiscal years following the designation, and for subsequent periods, each not to
exceed 5 fiscal years, if the Secretary determines that the airport satisfies the designation
criteria under subsection (a) at the beginning of
each such subsequent period.
(e) TERMINAL BUILDING FACILITIES.—From
amounts the Secretary distributes to an airport
under section 47115, $10,000,000 for each of fiscal
years 2004 and 2005, and $7,000,000 for each fiscal
year thereafter, is available to the sponsor of a
current or former military airport the Secretary
designates under this section to construct, im-

Page 1055

prove, or repair a terminal building facility, including terminal gates used for revenue passengers getting on or off aircraft. A gate constructed, improved, or repaired under this subsection—
(1) may not be leased for more than 10 years;
and
(2) is not subject to majority in interest
clauses.
(f) PARKING LOTS, FUEL FARMS, UTILITIES,
HANGARS, AND AIR CARGO TERMINALS.—
(1) CONSTRUCTION.—From amounts the Secretary distributes to an airport under section
47115, $10,000,000 for each of fiscal years 2004
and 2005, and $7,000,000 for each fiscal year
thereafter, is available to the sponsor of a current or former military airport the Secretary
designates under this section to construct, improve, or repair airport surface parking lots,
fuel farms, utilities, and hangars and air cargo
terminals of an area that is 50,000 square feet
or less.
(2) REIMBURSEMENT.—Upon approval of the
Secretary, the sponsor of a current or former
military airport the Secretary designates
under this section may use an amount apportioned under section 47114, or made available
under section 47115 or 47117(e)(1)(B), to the airport for reimbursement of costs incurred by
the airport in fiscal years 2003 and 2004 for construction, improvement, or repair described in
paragraph (1).
(g) DESIGNATION OF GENERAL AVIATION AIRPORT.—Notwithstanding any other provision of
this section, one of the airports bearing a designation under subsection (a) may be a general
aviation airport that was a former military installation closed or realigned under a section referred to in subsection (a)(1).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1273;
Pub. L. 103–305, title I, § 116(b)–(d), Aug. 23, 1994,
108 Stat. 1579; Pub. L. 104–264, title I, § 124(a)–(c),
Oct. 9, 1996, 110 Stat. 3219, 3220; Pub. L. 104–287,
§ 5(83), Oct. 11, 1996, 110 Stat. 3397; Pub. L.
106–181, title I, § 130, Apr. 5, 2000, 114 Stat. 78;
Pub. L. 108–176, title I, § 153, Dec. 12, 2003, 117
Stat. 2507.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

§ 47118

TITLE 49—TRANSPORTATION

Source (U.S. Code)

47118(a) ......

49 App.:2207(f)(1).

47118(b) ......

49 App.:2207(f)(2).

47118(c) ......
47118(d) ......
47118(e) ......
47118(f) .......

49
49
49
49

App.:2207(f)(3).
App.:2207(f)(4).
App.:2207(f)(5).
App.:2207(f)(6).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 508(f)(1);
added Nov. 5, 1990, Pub. L.
101–508, § 9109(c), 104 Stat.
1388–356; Oct. 31, 1992, Pub.
L. 102–581, § 107(b), 106
Stat. 4878.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 508(f)(2)–(5);
added Nov. 5, 1990, Pub. L.
101–508, § 9109(c), 104 Stat.
1388–356.

Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 508(f)(6);
added Oct. 31, 1992, Pub. L.
102–581,
§ 107(c)(1),
106
Stat. 4878.

In subsection (d), the word ‘‘Grants’’ is substituted
for ‘‘to participate in the program’’, and the word
‘‘grants’’ is substituted for ‘‘participation in the pro-

gram’’, for clarity and consistency and to eliminate unnecessary words.
In subsection (e), before clause (1), the words ‘‘at the
discretion’’ and ‘‘with Federal funding’’ are omitted as
surplus.
PUB. L. 104–287, § 5(83)(A)
This sets out the date of enactment of 49:47118(a) (last
sentence).
PUB. L. 104–287, § 5(83)(B)
This makes a clarifying amendment to 49:47118(e) because 49:47109(c) was struck by section 114(b) of the Federal Aviation Administration Authorization Act of 1994
(Public Law 103–305, 108 Stat. 1579).
REFERENCES IN TEXT
Section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act, referred
to in subsec. (a)(1)(B), is section 201 of Pub. L. 100–526,
which is set out in a note under section 2687 of Title 10,
Armed Forces.
Section 2905 of the Defense Base Closure and Realignment Act of 1990, referred to in subsec. (a)(1)(C), is section 2905 of Pub. L. 101–510, which is set out in a note
under section 2687 of Title 10.
AMENDMENTS
2003—Subsec. (e). Pub. L. 108–176, § 153(1), substituted
‘‘From amounts the Secretary distributes to an airport
under section 47115, $10,000,000 for each of fiscal years
2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available’’ for ‘‘Not more than $7,000,000 for
each airport from amounts the Secretary distributes
under section 47115 of this title for a fiscal year is
available’’ in introductory provisions.
Subsec. (f). Pub. L. 108–176, § 153(2), (3), inserted par.
(1) designation and heading, substituted ‘‘From
amounts the Secretary distributes to an airport under
section 47115, $10,000,000 for each of fiscal years 2004 and
2005, and $7,000,000 for each fiscal year thereafter, is
available’’ for ‘‘Not more than a total of $7,000,000 for
each airport from amounts the Secretary distributes
under section 47115 of this title for fiscal years beginning after September 30, 1992, is available’’, and added
par. (2).
2000—Subsec. (a). Pub. L. 106–181, § 130(a)(1)(A), substituted ‘‘15’’ for ‘‘12’’ in introductory provisions.
Subsec. (a)(2). Pub. L. 106–181, § 130(a)(1)(B), added par.
(2) and struck out former par. (2) which read as follows:
‘‘the Secretary finds that such grants would—
‘‘(A) reduce delays at an airport with more than
20,000 hours of annual delays in commercial passenger
aircraft takeoffs and landings; or
‘‘(B) enhance airport and air traffic control system
capacity in a metropolitan area or reduce current and
projected flight delays.’’
Subsec. (c). Pub. L. 106–181, § 130(a)(2), added subsec.
(c) and struck out heading and text of former subsec.
(c). Text read as follows: ‘‘In carrying out this section,
the Secretary shall consider only current or former
military airports that, when at least partly converted
to civilian commercial or reliever airports as part of
the national air transportation system, will enhance
airport and air traffic control system capacity in major
metropolitan areas and reduce current and projected
flight delays.’’
Subsec. (d). Pub. L. 106–181, § 130(a)(3), substituted
‘‘47117(e)(1)(B)’’ for ‘‘47117(e)(1)(E)’’, ‘‘periods, each not
to exceed 5 fiscal years,’’ for ‘‘5-fiscal-year periods’’,
and ‘‘each such subsequent period’’ for ‘‘each such subsequent 5-fiscal-year period’’.
Subsec. (e). Pub. L. 106–181, § 130(b), substituted
‘‘$7,000,000’’ for ‘‘$5,000,000’’.
Subsec. (f). Pub. L. 106–181, § 130(c), in heading, substituted ‘‘Hangars, and Air Cargo Terminals’’ for ‘‘and
Hangars’’ and, in text, substituted ‘‘$7,000,000’’ for
‘‘$4,000,000’’ and inserted ‘‘and air cargo terminals of an
area that is 50,000 square feet or less’’ before period at
end.

§ 47119

TITLE 49—TRANSPORTATION

Subsec. (g). Pub. L. 106–181, § 130(a)(4), added subsec.
(g).
1996—Subsec. (a). Pub. L. 104–287, § 5(83)(A), which directed amendment of subsec. (a) by substituting ‘‘before August 24, 1994’’ for ‘‘on or before the date of the
enactment of this sentence’’, could not be executed because the phrase to be amended did not appear subsequent to amendment by Pub. L. 104–264, § 124(a). See
below.
Pub. L. 104–264, § 124(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:
‘‘(a) GENERAL REQUIREMENTS.—The Secretary of
Transportation shall designate not more than 15 current or former military airports for which grants may
be made under section 47117(e)(1)(E) of this title. The
Secretary may only designate an airport for such
grants (other than an airport designated for such
grants on or before the date of the enactment of this
sentence) if the Secretary finds that grants under such
section for projects at such airport would reduce delays
at an airport with more than 20,000 hours of annual
delays in commercial passenger aircraft takeoffs and
landings.’’
Subsec. (d). Pub. L. 104–264, § 124(b), substituted ‘‘designation, and for subsequent 5-fiscal-year periods if the
Secretary determines that the airport satisfies the designation criteria under subsection (a) at the beginning
of each such subsequent 5-fiscal-year period.’’ for ‘‘designation.’’
Subsec. (e). Pub. L. 104–287, § 5(83)(B), substituted
‘‘Not’’ for ‘‘Notwithstanding section 47109(c) of this
title, not’’.
Subsec. (f). Pub. L. 104–264, § 124(c), amended subsec.
(f) by substituting ‘‘Utilities, and Hangars’’ for ‘‘and
Utilities’’ in heading and ‘‘for fiscal years beginning
after September 30, 1992,’’ for ‘‘for the fiscal years ending September 30, 1993–1996,’’ and ‘‘utilities, and hangars’’ for ‘‘and utilities’’ in text.
1994—Subsec. (a). Pub. L. 103–305, § 116(b), substituted
‘‘15’’ for ‘‘12’’ and inserted at end ‘‘The Secretary may
only designate an airport for such grants (other than
an airport designated for such grants on or before the
date of the enactment of this sentence) if the Secretary
finds that grants under such section for projects at
such airport would reduce delays at an airport with
more than 20,000 hours of annual delays in commercial
passenger aircraft takeoffs and landings.’’
Subsec. (d). Pub. L. 103–305, § 116(c), struck out at end
‘‘If an airport does not have a level of passengers getting on aircraft during that 5-year period that qualifies
the airport as a small hub airport (as defined on January 1, 1990) or reliever airport, the Secretary may redesignate the airport for grants for additional fiscal
years that the Secretary decides.’’
Subsec. (f). Pub. L. 103–305, § 116(d), substituted ‘‘September 30, 1993–1996’’ for ‘‘September 30, 1993–1995’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 5(83)(A) of Pub. L. 104–287 effective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287,
as amended, set out as a note under section 47117 of this
title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.

Page 1056

§ 47119. Terminal development costs
(a) REPAYING BORROWED MONEY.—
(1) TERMINAL DEVELOPMENT COSTS INCURRED
AFTER JUNE 30, 1970, AND BEFORE JULY 12, 1976.—
An amount apportioned under section 47114
and made available to the sponsor of a commercial service airport at which terminal development was carried out after June 30, 1970,
and before July 12, 1976, is available to repay
immediately money borrowed and used to pay
the costs for such terminal development if
those costs would be allowable project costs
under section 47110(d) if they had been incurred after September 3, 1982.
(2) TERMINAL DEVELOPMENT COSTS INCURRED
BETWEEN JANUARY 1, 1992, AND OCTOBER 31, 1992.—
An amount apportioned under section 47114
and made available to the sponsor of a nonhub
airport at which terminal development was
carried out between January 1, 1992, and October 31, 1992, is available to repay immediately
money borrowed and to pay the costs for such
terminal development if those costs would be
allowable project costs under section 47110(d).
(3) TERMINAL DEVELOPMENT COSTS AT PRIMARY
AIRPORTS.—An
amount apportioned
under section 47114 or available under subsection (b)(3) to a primary airport—
(A) that was a nonhub airport in the most
recent year used to calculate apportionments under section 47114;
(B) that is a designated airport under section 47118 in fiscal year 2003; and
(C) at which terminal development is carried out between January 2003 and August
2004,
is available to repay immediately money borrowed and used to pay the costs for such terminal development if those costs would be allowable project costs under section 47110(d).
(4) CONDITIONS FOR GRANT.—An amount is
available for a grant under this subsection
only if—
(A) the sponsor submits the certification
required under section 47110(d);
(B) the Secretary of Transportation decides that using the amount to repay the
borrowed money will not defer an airport development project outside the terminal area
at that airport; and
(C) amounts available for airport development under this subchapter will not be used
for additional terminal development projects
at the airport for at least 1 year beginning
on the date the grant is used to repay the
borrowed money.
(5) APPLICABILITY OF CERTAIN LIMITATIONS.—
A grant under this subsection shall be subject
to the limitations in subsection (b)(1) and (2).
(b) AVAILABILITY OF AMOUNTS.—In a fiscal
year, the Secretary may make available—
(1) to a sponsor of a primary airport, any
part of amounts apportioned to the sponsor for
the fiscal year under section 47114(c)(1) of this
title to pay project costs allowable under section 47110(d) of this title;
(2) on approval of the Secretary, not more
than $200,000 of the amount that may be distributed for the fiscal year from the discre-

Page 1057

tionary fund established under section 47115 of
this title—
(A) to a sponsor of a nonprimary commercial service airport to pay project costs allowable under section 47110(d) of this title;
and
(B) to a sponsor of a reliever airport for
the types of project costs allowable under
section 47110(d), including project costs allowable for a commercial service airport
that each year does not have more than .05
percent of the total boardings in the United
States;
(3) for use by a primary airport that each
year does not have more than .05 percent of
the total boardings in the United States, any
part of amounts that may be distributed for
the fiscal year from the discretionary fund and
small airport fund to pay project costs allowable under section 47110(d) of this title;
(4) not more than $25,000,000 to pay project
costs allowable for the fiscal year under section 47110(d) of this title for projects at commercial service airports that were not eligible
for assistance for terminal development during the fiscal year ending September 30, 1980,
under section 20(b) of the Airport and Airway
Development Act of 1970; or
(5) to a sponsor of a nonprimary airport, any
part of amounts apportioned to the sponsor for
the fiscal year under section 47114(d)(3)(A) for
project costs allowable under section 47110(d).
(c) NONHUB AIRPORTS.—With respect to a
project at a commercial service airport which
annually has less than 0.05 percent of the total
enplanements in the United States, the Secretary may approve the use of the amounts described in subsection (a) notwithstanding the requirements of sections 47107(a)(17), 47112, and
47113.
(d) DETERMINATION OF PASSENGER BOARDING AT
COMMERCIAL SERVICE AIRPORTS.—For the purpose of determining whether an amount may be
distributed for a fiscal year from the discretionary fund in accordance with subsection
(b)(2)(A) to a commercial service airport, the
Secretary shall make the determination of
whether or not a public airport is a commercial
service airport on the basis of the number of
passenger boardings and type of air service at
the public airport in the calendar year that includes the first day of such fiscal year or the
preceding calendar year, whichever is more beneficial to the airport.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1274;
Pub. L. 103–305, title I, § 117, Aug. 23, 1994, 108
Stat. 1579; Pub. L. 103–429, § 6(69), Oct. 31, 1994,
108 Stat. 4387; Pub. L. 106–181, title I, § 152(b),
Apr. 5, 2000, 114 Stat. 87; Pub. L. 108–176, title I,
§§ 149(d), 166, Dec. 12, 2003, 117 Stat. 2505, 2514.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
47119(a) ......

§ 47119

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:2212(b)(4).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 513(b)(4), 96 Stat. 690;
Dec. 30, 1987, Pub. L.
100–223, § 106(b)(5)(B), 101
Stat. 1498.

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section
47119(b) ......

Source (U.S. Code)
49 App.:2212(b)(2).

49 App.:2212(b)(3).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 513(b)(2), 96 Stat. 690;
Dec. 30, 1987, Pub. L.
100–223,
§§ 106(b)(5)(A),
111(a)(1), 101 Stat. 1498,
1503.
Sept. 3, 1982, Pub. L. 97–248,
§ 513(b)(3), 96 Stat. 690.

In subsection (a), before clause (1), the words ‘‘(within
the meaning of section 11(1) of the Airport and Airway
Development Act of 1970 [49 App. U.S.C. 1711(1)] as in effect immediately before September 3, 1982)’’ are omitted because of the definition of ‘‘air carrier airport’’ in
section 47102 of the revised title. The words ‘‘after June
30, 1970’’ are substituted for ‘‘on or after July 1, 1970’’
for consistency in the revised title and with other titles
of the United States Code and to eliminate unnecessary
words. The words ‘‘to repay immediately money borrowed and used to pay the costs for terminal development at the airport, if those costs would be allowable
project costs under section 47110(d) of this title’’ are
substituted for ‘‘for the immediate retirement of the
principal of bonds or other evidences of indebtedness
the proceeds of which were used for that part of the terminal development at such airport the cost of which
would be allowable under paragraph (1) of this subsection’’ for clarity and to eliminate unnecessary
words.
In subsection (b), before clause (1), the words ‘‘In a
fiscal year’’ are added for clarity. In clause (2), the
words ‘‘from the discretionary fund’’ are substituted
for ‘‘sums to be distributed at the discretion of the Secretary under section 2206(c) of this Appendix’’ for clarity and consistency in this chapter. In clause (3), the
words ‘‘for projects’’ are added for clarity.
PUB. L. 103–429
Revised
Section
47119(b) ......

Source (U.S. Code)
49 App.:2212(b)(2).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 513(b)(2),
as
amended
May 26, 1994, Pub. L.
103–260, § 107, 108 Stat. 700.

In subsection (b)(3), the words ‘‘from the discretionary fund and small airport fund’’ are substituted
for ‘‘sums to be distributed at the discretion of the Secretary under section 2206(c) and 2206(d) of this Appendix’’ for clarity and consistency in this chapter.
REFERENCES IN TEXT
Section 20(b) of the Airport and Airway Development
Act of 1970, referred to in subsec. (b)(4), is section 20(b)
of Pub. L. 91–258, which was classified to section 1720(b)
of former Title 49, Transportation, prior to repeal by
Pub. L. 97–248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–176, § 166, amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘An amount apportioned
under section 47114 of this title and made available to
the sponsor of an air carrier airport at which terminal
development was carried out after June 30, 1970, and before July 12, 1976, or, in the case of a commercial service airport which annually had less than 0.05 percent of
the total enplanements in the United States, between
January 1, 1992, and October 31, 1992, is available to
repay immediately money borrowed and used to pay
the costs for terminal development at the airport, if
those costs would be allowable project costs under section 47110(d) of this title if they had been incurred after
September 3, 1982. An amount is available for a grant
under this subsection—
‘‘(1) only if—

§ 47120

TITLE 49—TRANSPORTATION

‘‘(A) the sponsor submits the certification required under section 47110(d) of this title;
‘‘(B) the Secretary of Transportation decides that
using the amount to repay the borrowed money will
not defer an airport development project outside
the terminal area at that airport; and
‘‘(C) amounts available for airport development
under this subchapter will not be used for additional terminal development projects at the airport
for at least 3 years beginning on the date the grant
is used to repay the borrowed money; and
‘‘(2) subject to the limitations in subsection (b)(1)
and (2) of this section.’’
Subsec. (b)(5). Pub. L. 108–176, § 149(d), added par. (5).
2000—Subsec. (d). Pub. L. 106–181 added subsec. (d).
1994—Subsec. (a). Pub. L. 103–305, § 117(1), inserted ‘‘or,
in the case of a commercial service airport which annually had less than 0.05 percent of the total enplanements in the United States, between January 1, 1992,
and October 31, 1992,’’ after ‘‘July 12, 1976,’’.
Subsec. (b)(2). Pub. L. 103–429, § 6(69)(B), added par. (2)
and struck out former par. (2) which read as follows:
‘‘to a sponsor of a nonprimary commercial service airport, not more than $200,000 of the amount that may be
distributed for the fiscal year from the discretionary
fund to pay project costs allowable under section
47110(d) of this title; or’’.
Subsec. (b)(3). Pub. L. 103–429, § 6(69)(B), added par. (3).
Former par. (3) redesignated (4).
Subsec. (b)(4). Pub. L. 103–429, § 6(69)(A), redesignated
par. (3) as (4).
Subsec. (c). Pub. L. 103–305, § 117(2), added subsec. (c).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 47120. Grant priority
(a) IN GENERAL.—In making a grant under this
subchapter, the Secretary of Transportation
may give priority to a project that is consistent
with an integrated airport system plan.
(b) DISCRETIONARY FUNDING TO BE USED FOR
HIGHER PRIORITY PROJECTS.—The Administrator
of the Federal Aviation Administration shall
discourage airport sponsors and airports from
using entitlement funds for lower priority
projects by giving lower priority to discretionary projects submitted by airport sponsors
and airports that have used entitlement funds
for projects that have a lower priority than the
projects for which discretionary funds are being
requested.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1274;
Pub. L. 106–181, title I, § 162, Apr. 5, 2000, 114 Stat.
91.)
HISTORICAL AND REVISION NOTES
Revised
Section
47120 ..........

Source (U.S. Code)
49 App.:2208(b)(9).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 509(b)(9), 96 Stat. 685.

The words ‘‘In making a grant under this subchapter’’
are substituted for ‘‘In establishing priorities for distribution of funds available pursuant to section 2206 of
this Appendix’’ for consistency in this chapter and to
eliminate unnecessary words.

Page 1058
AMENDMENTS

2000—Pub. L. 106–181 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 47121. Records and audits
(a) RECORDS.—A sponsor shall keep the records
the Secretary of Transportation requires. The
Secretary may require records—
(1) that disclose—
(A) the amount and disposition by the
sponsor of the proceeds of the grant;
(B) the total cost of the plan or program
for which the grant is given or used; and
(C) the amounts and kinds of costs of the
plan or program provided by other sources;
and
(2) that make it easier to carry out an audit.
(b) AUDITS AND EXAMINATIONS.—The Secretary
and the Comptroller General may audit and examine records of a sponsor that are related to a
grant made under this subchapter.
(c) AUTHORITY OF COMPTROLLER GENERAL.—
When an independent audit is made of the accounts of a sponsor under this subchapter related to the disposition of the proceeds of the grant
or related to the plan or program for which the
grant was given or used, the sponsor shall submit a certified copy of the audit to the Secretary not more than 6 months after the end of
the fiscal year for which the audit was made.
The Comptroller General may report to Congress describing the results of each audit conducted or reviewed by the Comptroller General
under this section during the prior fiscal year.
(d) AUDIT REQUIREMENT.—The Secretary may
require a sponsor to conduct an appropriate
audit as a condition for receiving a grant under
this subchapter.
(e) ANNUAL REVIEW.—The Secretary shall review annually the recordkeeping and reporting
requirements under this subchapter to ensure
that they are the minimum necessary to carry
out this subchapter.
(f) WITHHOLDING INFORMATION FROM CONGRESS.—This section does not authorize the Secretary or the Comptroller General to withhold
information from a committee of Congress authorized to have the information.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1274;
Pub. L. 104–316, title I, § 127(f), Oct. 19, 1996, 110
Stat. 3840.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

47121(a) ......

49 App.:2217(a) (1st
sentence).
49 App.:2217(b) (1st
sentence).
49 App.:2217(c).
49 App.:2217(b) (last
sentence).
49 App.:2217(a) (last
sentence).
49 App.:2217(d).

Sept. 3, 1982, Pub. L. 97–248,
§ 518, 96 Stat. 693.

47121(b) ......
47121(c) ......
47121(d) ......
47121(e) ......
47121(f) .......

In subsections (a)–(d), the word ‘‘sponsor’’ is substituted for ‘‘recipient of a grant under this chapter’’
and ‘‘recipient’’ for clarity.

Page 1059

In subsection (a), before clause (1), the words ‘‘The
Secretary may require records’’ are substituted for ‘‘including records’’ for clarity. In clause (1), before subclause (A), the word ‘‘fully’’ is omitted as surplus.
In subsection (b), the words ‘‘or any of their duly authorized representatives’’ are omitted as surplus because of 49:322(b) and 31:711. The words ‘‘may audit and
examine’’ are substituted for ‘‘shall have access for the
purpose of audit and examination’’ to eliminate unnecessary words. The words ‘‘books, documents, papers’’
are omitted as being included in ‘‘records’’.
In subsection (e), the words ‘‘minimum necessary to
carry out’’ are substituted for ‘‘that such requirements
are kept to the minimum level necessary for the proper
administration of’’ to eliminate unnecessary words.
In subsection (f), the words ‘‘or any officer or employee under the control of either of them’’ are omitted
as surplus because of 49:322(b) and 31:711.
AMENDMENTS
1996—Subsec. (c). Pub. L. 104–316, in first sentence,
substituted ‘‘Secretary’’ for ‘‘Comptroller General’’, in
second sentence, substituted ‘‘The Comptroller General
may’’ for ‘‘Not later than April 15 of each year, the
Comptroller General shall’’, and struck out at end ‘‘The
Comptroller General shall prescribe regulations necessary to carry out this subsection.’’

§ 47122. Administrative
(a) GENERAL.—The Secretary of Transportation may take action the Secretary considers
necessary to carry out this subchapter, including conducting investigations and public hearings, prescribing regulations and procedures,
and issuing orders.
(b) CONDUCTING INVESTIGATIONS AND PUBLIC
HEARINGS.—In conducting an investigation or
public hearing under this subchapter, the Secretary has the same authority the Secretary has
under section 46104 of this title. An action of the
Secretary in exercising that authority is governed by the procedures specified in section
46104 and shall be enforced as provided in section
46104.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1275.)
HISTORICAL AND REVISION NOTES
Revised
Section

§ 47124

TITLE 49—TRANSPORTATION

Source (U.S. Code)

47122(a) ......

49 App.:2218(a).

47122(b) ......

49 App.:1354(c) (related to Airport
and Airway Improvement Act of
1982).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 519(a), 96 Stat. 694; Dec.
30, 1987, Pub. L. 100–223,
§ 112(1), 101 Stat. 1504.
Aug. 23, 1958, Pub. L. 85–726,
§ 313(c) (related to Airport
and Airway Improvement
Act of 1982), 72 Stat. 753;
Sept. 3, 1982, Pub. L.
97–248, § 524(a)(2), 96 Stat.
696.

Subsection (a) is substituted for 49 App.:2218(a) to
eliminate unnecessary words.

§ 47123. Nondiscrimination
The Secretary of Transportation shall take affirmative action to ensure that an individual is
not excluded because of race, creed, color, national origin, or sex from participating in an activity carried out with money received under a
grant under this subchapter. The Secretary shall
prescribe regulations necessary to carry out this
section. The regulations shall be similar to
those in effect under title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.). This section
is in addition to title VI of the Act.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1275.)
HISTORICAL AND REVISION NOTES
Revised
Section
47123 ..........

Source (U.S. Code)
49 App.:2219.

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 520, 96 Stat. 694.

The words ‘‘as the Secretary deems’’ and ‘‘the purposes of’’ are omitted as surplus. The words ‘‘The regulations shall be similar to those in effect under’’ are
substituted for ‘‘and may enforce this section, and any
rules promulgated under this section, through agency
and department provisions and rules which shall be
similar to those established and in effect under’’ for
clarity and to eliminate unnecessary words and because
‘‘rules’’ and ‘‘regulations’’ are synonymous. The words
‘‘The provisions of . . . and not in lieu of the provisions
of’’ are omitted as surplus. The word ‘‘is’’ is substituted
for ‘‘shall be considered to be’’ to eliminate unnecessary words.
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in text, is
Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended.
Title VI of the Act is classified generally to subchapter
V (§ 2000d et seq.) of chapter 21 of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

§ 47124. Agreements for State and local operation
of airport facilities
(a) GOVERNMENT RELIEF FROM LIABILITY.—The
Secretary of Transportation shall ensure that an
agreement under this subchapter with a qualified entity (as determined by the Secretary),
State, or a political subdivision of a State to
allow the entity, State, or subdivision to operate an airport facility relieves the United States
Government from any liability arising out of, or
related to, acts or omissions of employees of the
entity, State, or subdivision in operating the
airport facility.
(b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.—(1) The Secretary shall continue the low
activity (Visual Flight Rules) level I air traffic
control tower contract program established
under subsection (a) of this section for towers
existing on December 30, 1987, and extend the
program to other towers as practicable.
(2) The Secretary may make a contract with a
qualified entity (as determined by the Secretary) or, on a sole source basis, with a State
or a political subdivision of a State to allow the
entity, State, or subdivision to operate an airport traffic control tower classified as a level I
(Visual Flight Rules) tower if the Secretary decides that the entity, State, or subdivision has
the capability to comply with the requirements
of this paragraph. The contract shall require
that the entity, State, or subdivision comply
with applicable safety regulations in operating
the facility and with applicable competition requirements in making a subcontract to perform
work to carry out the contract.
(3) CONTRACT AIR TRAFFIC CONTROL TOWER PROGRAM.—
(A) IN GENERAL.—The Secretary shall establish a program to contract for air traffic control services at nonapproach control towers, as
defined by the Secretary, that do not qualify

§ 47124

TITLE 49—TRANSPORTATION

for the contract tower program established
under subsection (a) and continued under
paragraph (1) (in this paragraph referred to as
the ‘‘Contract Tower Program’’).
(B) PROGRAM COMPONENTS.—In carrying out
the program, the Secretary shall—
(i) utilize for purposes of cost-benefit
analyses, current, actual, site-specific data,
forecast estimates, or airport master plan
data provided by a facility owner or operator
and verified by the Secretary; and
(ii) approve for participation only facilities willing to fund a pro rata share of the
operating costs of the air traffic control
tower to achieve a 1-to-1 benefit-to-cost
ratio using actual site-specific contract
tower operating costs in any case in which
there is an operating air traffic control
tower, as required for eligibility under the
Contract Tower Program.
(C) PRIORITY.—In selecting facilities to participate in the program, the Secretary shall
give priority to the following facilities:
(i) Air traffic control towers that are participating in the Contract Tower Program
but have been notified that they will be terminated from such program because the Secretary has determined that the benefit-tocost ratio for their continuation in such program is less than 1.0.
(ii) Air traffic control towers that the Secretary determines have a benefit-to-cost
ratio of at least .50.
(iii) Air traffic control towers of the Federal Aviation Administration that are closed
as a result of the air traffic controllers
strike in 1981.
(iv) Air traffic control towers located at
airports or points at which an air carrier is
receiving compensation under the essential
air service program under this chapter.
(v) Air traffic control towers located at
airports that are prepared to assume partial
responsibility for maintenance costs.
(vi) Air traffic control towers located at
airports with safety or operational problems
related to topography, weather, runway configuration, or mix of aircraft.
(vii) Air traffic control towers located at
an airport at which the community has been
operating the tower at its own expense.
(D) COSTS EXCEEDING BENEFITS.—If the costs
of operating an air traffic tower under the program exceed the benefits, the airport sponsor
or State or local government having jurisdiction over the airport shall pay the portion of
the costs that exceed such benefit.
(E) FUNDING.—Of the amounts appropriated
pursuant to section 106(k), not more than
$6,500,000 for fiscal 2004, $7,000,000 for fiscal
year 2005, $7,500,000 for fiscal year 2006, and
$8,000,000 for fiscal year 2007 may be used to
carry out this paragraph.
(4) CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS.—

(A) GRANTS.—The Secretary may provide
grants to a sponsor of—
(i) a primary airport—
(I) from amounts made available under
sections 47114(c)(1) and 47114(c)(2) for the

Page 1060

construction or improvement of a nonapproach control tower, as defined by the
Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be
used in that tower;
(II) from amounts made available under
sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of construction or
improvement of a nonapproach control
tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor
complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and
(III) from amounts made available under
sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of acquiring and installing in that tower air traffic control,
communications, and related equipment
that was acquired or installed after October 1, 1996; and
(ii) a public-use airport that is not a primary airport—
(I) from amounts made available under
sections 47114(c)(2) and 47114(d) for the construction or improvement of a nonapproach control tower, as defined by the
Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be
used in that tower;
(II) from amounts made available under
sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of construction
or improvement of a nonapproach control
tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor
complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and
(III) from amounts made available under
sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of acquiring and
installing in that tower air traffic control,
communications, and related equipment
that was acquired or installed after October 1, 1996.
(B) ELIGIBILITY.—An airport sponsor shall be
eligible for a grant under this paragraph only
if—
(i)(I) the sponsor is a participant in the
Federal Aviation Administration contract
tower program established under subsection
(a) and continued under paragraph (1) or the
pilot program established under paragraph
(3); or
(II) construction of a nonapproach control
tower would qualify the sponsor to be eligible to participate in such program;
(ii) the sponsor certifies that it will pay
not less than 10 percent of the cost of the activities for which the sponsor is receiving assistance under this paragraph;
(iii) the Secretary affirmatively accepts
the proposed contract tower into a contract
tower program under this section and certifies that the Secretary will seek future appropriations to pay the Federal Aviation Administration’s cost of the contract to oper-

Page 1061

ate the tower to be constructed under this
paragraph;
(iv) the sponsor certifies that it will pay
its share of the cost of the contract to operate the tower to be constructed under this
paragraph; and
(v) in the case of a tower to be constructed
under this paragraph from amounts made
available under section 47114(d)(2) or
47114(d)(3)(B), the Secretary certifies that—
(I) the Federal Aviation Administration
has consulted the State within the borders
of which the tower is to be constructed and
the State supports the construction of the
tower as part of its State airport capital
plan; and
(II) the selection of the tower for funding
is based on objective criteria.
(C) LIMITATION ON FEDERAL SHARE.—The Federal share of the cost of construction of a nonapproach control tower under this paragraph
may not exceed $1,500,000.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1276;
Pub. L. 106–181, title I, § 131, Apr. 5, 2000, 114 Stat.
78; Pub. L. 108–7, div. I, title III, § 370(b)(1), (2),
Feb. 20, 2003, 117 Stat. 425, 426; Pub. L. 108–176,
title I, § 105, Dec. 12, 2003, 117 Stat. 2498.)
HISTORICAL AND REVISION NOTES
Revised
Section

§ 47124

TITLE 49—TRANSPORTATION

Source (U.S. Code)

47124(a) ......

49 App.:2222.

47124(b)(1) ..

49 App.:2222 (note).

47124(b)(2) ..

49 App.:1344(h).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 526, 96 Stat. 698.
Dec. 30, 1987, Pub. L. 100–223,
§ 306, 101 Stat. 1526.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 747, § 303(h); added
Oct. 31, 1992, Pub. L.
102–581, § 201(a), 106 Stat.
4890.

In subsection (a), the words ‘‘In the powers granted
under section 2218 of this Appendix’’ and ‘‘contract or
other’’ are omitted as surplus. The word ‘‘relieves’’ is
substituted for ‘‘contain, among others, a provision relieving’’, and the words ‘‘from any liability arising out
of, or related to’’ are substituted for ‘‘of any and all liability for the payment of any claim or other obligation arising out of or in connection with’’, to eliminate
unnecessary words.
In subsection (b)(1), the words ‘‘in effect’’ are omitted
as surplus. The words ‘‘on December 30, 1987’’ are added
for clarity.
In subsection (b)(2), the word ‘‘Secretary’’ is substituted for ‘‘Administrator’’ for consistency in the
chapter.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–176, § 105(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘The Secretary of Transportation shall ensure that an agreement under this
subchapter with a State or a political subdivision of a
State to allow the State or subdivision to operate an
airport facility in the State or subdivision relieves the
United States Government from any liability arising
out of, or related to, acts or omissions of employees of
the State or subdivision in operating the airport facility.’’
Subsec. (b)(2). Pub. L. 108–176, § 105(2), added par. (2)
and struck out former par. (2) which read as follows:
‘‘The Secretary may make a contract, on a sole source
basis, with a State or a political subdivision of a State
to allow the State or subdivision to operate an airport
traffic control tower classified as a level I (Visual
Flight Rules) tower if the Secretary decides that the

State or subdivision has the capability to comply with
the requirements of this paragraph. The contract shall
require that the State or subdivision comply with applicable safety regulations in operating the facility and
with applicable competition requirements in making a
subcontract to perform work to carry out the contract.’’
Subsec. (b)(3). Pub. L. 108–176, § 105(3)(A), (B), struck
out ‘‘PILOT’’ before ‘‘PROGRAM’’ in par. heading, before
‘‘program to contract’’ in subpar. (A), before ‘‘program,
the Secretary’’ in subpars. (B) and (C), and before ‘‘program exceed’’ in subpar. (D).
Subsec. (b)(3)(A). Pub. L. 108–7, § 370(b)(2)(A), substituted ‘‘nonapproach control towers, as defined by
the Secretary,’’ for ‘‘Level I air traffic control towers,
as defined by the Secretary,’’.
Subsec. (b)(3)(E). Pub. L. 108–176, § 105(3)(C), substituted ‘‘$6,500,000 for fiscal 2004, $7,000,000 for fiscal
year 2005, $7,500,000 for fiscal year 2006, and $8,000,000 for
fiscal year 2007’’ for ‘‘$6,000,000 per fiscal year’’.
Pub. L. 108–7, § 370(b)(2)(B), substituted ‘‘Of’’ for ‘‘Subject to paragraph (4)(D), of’’.
Subsec. (b)(4). Pub. L. 108–7, § 370(b)(1), reenacted
heading without change and amended text generally.
Prior to amendment, par. authorized the Secretary to
provide grants under this subchapter to not more than
two airport sponsors for the construction of a low-level
activity visual flight rule (level 1) air traffic control
tower.
Subsec. (b)(4)(C). Pub. L. 108–176, § 105(4), substituted
‘‘$1,500,000’’ for ‘‘$1,100,000’’.
2000—Subsec. (b)(3), (4). Pub. L. 106–181 added pars. (3)
and (4).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
SAVINGS PROVISION
Pub. L. 108–7, div. I, title III, § 370(b)(3), Feb. 20, 2003,
117 Stat. 426, provided that: ‘‘Notwithstanding the
amendments made by this section [amending this section and section 47102 of this title], the towers for
which assistance is being provided on the day before
the date of enactment of this Act [Feb. 20, 2003] under
section 47124(b)(4) of title 49, United States Code, as in
effect on such day, may continue to be provided such
assistance under the terms of such section.’’
NONAPPROACH CONTROL TOWERS
Pub. L. 108–7, div. I, title III, § 370(c), Feb. 20, 2003, 117
Stat. 426, provided that:
‘‘(1) IN GENERAL.—The Administrator of the Federal
Aviation Administration may enter into a lease agreement or contract agreement with a private entity to
provide for construction and operation of a nonapproach control tower as defined by the Secretary of
Transportation.
‘‘(2) TERMS AND CONDITIONS.—An agreement entered
into under this section—
‘‘(A) shall be negotiated under such procedures as
the Administrator considers necessary to ensure the
integrity of the selection process, the safety of air
travel, and to protect the interests of the United
States;
‘‘(B) may provide a lease option to the United
States, to be exercised at the discretion of the Administrator, to occupy any general-purpose space in a
facility covered by the agreement;
‘‘(C) shall not require, unless specifically determined otherwise by the Administrator, Federal own-

§ 47125

TITLE 49—TRANSPORTATION

ership of a facility covered under the agreement after
the expiration of the agreement;
‘‘(D) shall describe the consideration, duties, and
responsibilities for which the United States and the
private entity are responsible;
‘‘(E) shall provide that the United States will not
be liable for any action, debt, or liability of any entity created by the agreement;
‘‘(F) shall provide that the private entity may not
execute any instrument or document creating or evidencing any indebtedness with respect to a facility
covered by the agreement unless such instrument or
document specifically disclaims any liability of the
United States under the instrument or document; and
‘‘(G) shall include such other terms and conditions
as the Administrator considers appropriate.’’
USE OF APPORTIONMENTS TO PAY NON-FEDERAL SHARE
OF OPERATION COSTS
Pub. L. 108–7, div. I, title III, § 370(d), Feb. 20, 2003, 117
Stat. 427, provided that:
‘‘(1) STUDY.—The Secretary of Transportation shall
conduct a study of the feasibility, costs, and benefits of
allowing the sponsor of an airport to use not to exceed
10 percent of amounts apportioned to the sponsor under
section 47114 to pay the non-Federal share of the cost
of operation of an air traffic control tower under section 47124(b) of title 49, United States Code.
‘‘(2) REPORT.—Not later than 1 year after the date of
enactment of this Act [Feb. 20, 2003], the Secretary
shall transmit to Congress a report on the results of
the study.’’
CONTRACT TOWER ASSISTANCE
Pub. L. 103–305, title V, § 508, Aug. 23, 1994, 108 Stat.
1596, provided that: ‘‘The Secretary shall take appropriate action to assist communities where the Secretary deems such assistance appropriate in obtaining
the installation of a Level I Contract Tower for those
communities.’’

§ 47125. Conveyances of United States Government land
(a) CONVEYANCES TO PUBLIC AGENCIES.—Except
as provided in subsection (b) of this section, the
Secretary of Transportation shall request the
head of the department, agency, or instrumentality of the United States Government owning
or controlling land or airspace to convey a property interest in the land or airspace to the public agency sponsoring the project or owning or
controlling the airport when necessary to carry
out a project under this subchapter at a public
airport, to operate a public airport, or for the
future development of an airport under the national plan of integrated airport systems. The
head of the department, agency, or instrumentality shall decide whether the requested conveyance is consistent with the needs of the department, agency, or instrumentality and shall
notify the Secretary of that decision not later
than 4 months after receiving the request. If the
head of the department, agency, or instrumentality decides that the requested conveyance is
consistent with its needs, the head of the department, agency, or instrumentality, with the approval of the Attorney General and without cost
to the Government, shall make the conveyance.
A conveyance may be made only on the condition that the property interest conveyed reverts
to the Government, at the option of the Secretary, to the extent it is not developed for an
airport purpose or used consistently with the
conveyance. Before waiving a condition that
property be used for an aeronautical purpose

Page 1062

under the preceding sentence, the Secretary
must provide notice to the public not less than
30 days before waiving such condition.
(b) NONAPPLICATION.—Except as specifically
provided by law, subsection (a) of this section
does not apply to land or airspace owned or controlled by the Government within—
(1) a national park, national monument, national recreation area, or similar area under
the administration of the National Park Service;
(2) a unit of the National Wildlife Refuge
System or similar area under the jurisdiction
of the United States Fish and Wildlife Service;
or
(3) a national forest or Indian reservation.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1276;
Pub. L. 106–181, title I, § 125(b), Apr. 5, 2000, 114
Stat. 75.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47125(a) ......

49 App.:2215(a), (b).

47125(b) ......

49 App.:2215(c).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 516, 96 Stat. 692.

In subsection (a), the text of 49 App.:2215(a) (last sentence) is omitted as surplus because a ‘‘property interest in land or airspace’’ necessarily includes ‘‘title to
. . . land or any easement through . . . airspace’’. The
words ‘‘when necessary’’ are substituted for ‘‘whenever
the Secretary determines that use of any lands owned
or controlled by the United States is reasonably necessary for’’, and the words ‘‘for the future development’’ are substituted for ‘‘including lands reasonably
necessary to meet future development’’, to eliminate
unnecessary words. The words ‘‘not later than 4 months
after receiving the request’’ are substituted for ‘‘Upon
receipt of a request from the Secretary under this section’’ and ‘‘within a period of four months after receipt
of the Secretary’s request’’ for clarity and to eliminate
unnecessary words. The words ‘‘make the conveyance’’
are substituted for ‘‘perform any acts and to execute
any instruments necessary to make the conveyance requested’’, and the words ‘‘that the property interest
conveyed reverts to the Government . . . to the extent
it is not’’ are substituted for ‘‘the property interest
conveyed shall revert to the United States in the event
that the lands in question are not’’ and ‘‘If only a part
of the property interest conveyed is not developed for
airport purposes, or used in a manner consistent with
the terms of the conveyance, only that particular part
shall, at the option of the Secretary, revert to the
United States’’, to eliminate unnecessary words. The
words ‘‘the terms of’’ are omitted as surplus.
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–181 inserted at end ‘‘Before waiving a condition that property be used for an
aeronautical purpose under the preceding sentence, the
Secretary must provide notice to the public not less
than 30 days before waiving such condition.’’
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
CONSTRUCTION OF 2000 AMENDMENT
Nothing in amendment by Pub. L. 106–181 to be construed to authorize Secretary of Transportation to
issue waiver or make a modification referred to in such
amendment, see section 125(e) of Pub. L. 106–181, set out
as a note under section 47107 of this title.

Page 1063

§ 47126. Criminal penalties for false statements
A person (including an officer, agent, or employee of the United States Government or a
public agency) shall be fined under title 18, imprisoned for not more than 5 years, or both, if
the person, with intent to defraud the Government, knowingly makes—
(1) a false statement about the kind, quantity, quality, or cost of the material used or to
be used, or the quantity, quality, or cost of
work performed or to be performed, in connection with the submission of a plan, map, specification, contract, or estimate of project cost
for a project included in a grant application
submitted to the Secretary of Transportation
for approval under this subchapter;
(2) a false statement or claim for work or
material for a project included in a grant application approved by the Secretary under this
subchapter; or
(3) a false statement in a report or certification required under this subchapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1277.)
HISTORICAL AND REVISION NOTES
Revised
Section
47126 ..........

§ 47128

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:2216.

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 517, 96 Stat. 693.

In this section, before clause (1), the words ‘‘association, firm, or corporation’’ are omitted because of 1:1.
The words ‘‘fined under title 18’’ are substituted for ‘‘a
fine of not to exceed $10,000’’ for consistency with title
18. In clauses (1)–(3), the words ‘‘false representation’’
are omitted as surplus. In clauses (1) and (2), the words
‘‘false report’’ are omitted as surplus. The words ‘‘included in a grant application’’ are added for clarity and
consistency in this chapter. In clause (3), the words ‘‘to
be made’’ are omitted as surplus.

§ 47127. Ground transportation demonstration
projects
(a) GENERAL AUTHORITY.—To improve the airport and airway system of the United States
consistent with regional airport system plans financed under section 13(b) of the Airport and
Airway Development Act of 1970, the Secretary
of Transportation may carry out ground transportation demonstration projects to improve
ground access to air carrier airport terminals.
The Secretary may carry out a demonstration
project independently or by grant or contract,
including an agreement with another department, agency, or instrumentality of the United
States Government.
(b) PRIORITY.—In carrying out this section, the
Secretary shall give priority to a demonstration
project that—
(1) affects an airport in an area with an operating regional rapid transit system with existing facilities reasonably near the airport;
(2) includes connection of the airport terminal to that system;
(3) is consistent with and supports a regional
airport system plan adopted by the planning
agency for the region and submitted to the
Secretary; and
(4) improves access to air transportation for
individuals residing or working in the region

by encouraging the optimal balance of use of
airports in the region.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1277.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47127(a) ......

49 App.:1713a(1).

47127(b) ......

49 App.:1713a(2).

Source (Statutes at Large)
July 12, 1976, Pub. L. 94–353,
§ 23(a), 90 Stat. 884.

In subsection (a), the words ‘‘To improve’’ are substituted for ‘‘which he determines will assist the improvement of’’ to eliminate unnecessary words.
In subsection (b)(2), the word ‘‘facilities’’ is omitted
as surplus.
REFERENCES IN TEXT
Section 13(b) of the Airport and Airway Development
Act of 1970, referred to in subsec. (a), is section 13(b) of
Pub. L. 91–258, which was classified to section 1713(b) of
former Title 49, Transportation, prior to repeal by Pub.
L. 97–248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695.

§ 47128. State block grant program
(a) GENERAL REQUIREMENTS.—The Secretary of
Transportation shall prescribe regulations to
carry out a State block grant program. The regulations shall provide that the Secretary may
designate not more than 9 qualified States for
fiscal years 2000 and 2001 and 10 qualified States
for each fiscal year thereafter to assume administrative responsibility for all airport grant
amounts available under this subchapter, except
for amounts designated for use at primary airports.
(b) APPLICATIONS AND SELECTION.—A State
wishing to participate in the program must submit an application to the Secretary. The Secretary shall select a State on the basis of its application only after—
(1) deciding the State has an organization
capable of effectively administering a block
grant made under this section;
(2) deciding the State uses a satisfactory airport system planning process;
(3) deciding the State uses a programming
process acceptable to the Secretary;
(4) finding that the State has agreed to comply with United States Government standard
requirements for administering the block
grant; and
(5) finding that the State has agreed to provide the Secretary with program information
the Secretary requires.
(c) SAFETY AND SECURITY NEEDS AND NEEDS OF
SYSTEM.—Before deciding whether a planning
process is satisfactory or a programming process
is acceptable under subsection (b)(2) or (b)(3) of
this section, the Secretary shall ensure that the
process provides for meeting critical safety and
security needs and that the programming process ensures that the needs of the national airport system will be addressed in deciding which
projects will receive money from the Government. In carrying out this subsection, the Secretary shall permit a State to use the priority
system of the State if such system is not inconsistent with the national priority system.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1277;
Pub. L. 103–429, § 6(70), Oct. 31, 1994, 108 Stat.

§ 47129

TITLE 49—TRANSPORTATION

4387; Pub. L. 104–264, title I, § 147(a)–(c)(1), Oct. 9,
1996, 110 Stat. 3223; Pub. L. 104–287, § 5(84), Oct.
11, 1996, 110 Stat. 3397; Pub. L. 105–102, § 3(d)(1)(E),
Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–181, title
I, § 138, Apr. 5, 2000, 114 Stat. 85.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272

Page 1064

1994—Subsec. (c). Pub. L. 103–429 substituted ‘‘subsection (b)(1)(B) or (C)’’ for ‘‘subsection (b)(2) or (3)’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1997 AMENDMENT

Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

47128(a) ......

49 App.:2227(a) (1st
sentence), (b) (1st
sentence).

Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 534; added
Dec. 30, 1987, Pub. L.
100–223, § 116, 101 Stat.
1507; Nov. 5, 1990, Pub. L.
101–508, § 9114, 104 Stat.
1388–364; Oct. 31, 1992, Pub.
L. 102–581, § 116, 106 Stat.
4881.

47128(b)(1) ..

49 App.:2227(c) (1st,
2d sentences).
49 App.:2227(b) (last
sentence).
49 App.:2227(c) (last
sentence).
49 App.:2227(a) (last
sentence), (d).

47128(b)(2) ..
47128(c) ......
47128(d) ......

In subsection (a), the words ‘‘Not later than 180 days
after December 30, 1987’’ and ‘‘to become effective on
October 1, 1989’’ are omitted as obsolete.
In subsection (b)(1)(A), the words ‘‘agency or’’ are
omitted as surplus.
In subsection (b)(1)(D), the words ‘‘procedural and
other’’ are omitted as surplus.
In subsection (d), the text of 49 App.:2227(d) is omitted
as executed.
PUB. L. 103–429
This amends 49:47128(c) to correct an error in the
codification enacted by section 1 of the Act of July 5,
1994 (Public Law 103–272, 108 Stat. 1278).
PUB. L. 104–287
This makes a clarifying amendment to the catchline
for 49:47128(d).
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–181 substituted ‘‘9 qualified States for fiscal years 2000 and 2001 and 10 qualified
States for each fiscal year thereafter’’ for ‘‘8 qualified
States for fiscal year 1997 and 9 qualified States for
each fiscal year thereafter’’.
1997—Subsec. (d). Pub. L. 105–102 repealed Pub. L.
104–287, § 5(84). See 1996 Amendment note below.
1996—Pub. L. 104–264, § 147(c)(1)(A), substituted ‘‘grant
program’’ for ‘‘grant pilot program’’ in section catchline.
Subsec. (a). Pub. L. 104–264, § 147(a)(1), (c)(1)(B), substituted ‘‘block grant program’’ for ‘‘block grant pilot
program’’ and ‘‘8 qualified States for fiscal year 1997
and 9 qualified States for each fiscal year thereafter’’
for ‘‘7 qualified States’’.
Subsec. (b). Pub. L. 104–264, § 147(a)(2), (3), struck out
‘‘(1)’’ before ‘‘A State wishing’’, redesignated subpars.
(A) to (E) as pars. (1) to (5), respectively, and struck out
former par. (2) which read as follows: ‘‘For the fiscal
years ending September 30, 1993–1996, the States selected shall include Illinois, Missouri, and North Carolina.’’
Subsec. (c). Pub. L. 104–264, § 147(b), substituted ‘‘(b)(2)
or (b)(3)’’ for ‘‘(b)(1)(B) or (C)’’ and inserted at end ‘‘In
carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if
such system is not inconsistent with the national priority system.’’
Subsec. (d). Pub. L. 104–287, § 5(84), which directed
amendment of heading by striking ‘‘and report’’, was
repealed by Pub. L. 105–102.
Pub. L. 104–264, § 147(c)(1)(C), struck out subsec. (d)
which read as follows:
‘‘(d) ENDING EFFECTIVE DATE AND REPORT.—This section is effective only through September 30, 1996.’’

Pub. L. 105–102, § 3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(E) is
effective Oct. 11, 1996.
Amendment by Pub. L. 105–102 effective as if included
in the provisions of the Act to which the amendment
relates, see section 3(f) of Pub. L. 105–102, set out as a
note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

§ 47129. Resolution of airport-air carrier disputes
concerning airport fees
(a) AUTHORITY TO REQUEST SECRETARY’S DETERMINATION.—
(1) IN GENERAL.—The Secretary of Transportation shall issue a determination as to whether a fee imposed upon one or more air carriers
(as defined in section 40102 of this title) by the
owner or operator of an airport is reasonable
if—
(A) a written request for such determination is filed with the Secretary by such
owner or operator; or
(B) a written complaint requesting such
determination is filed with the Secretary by
an affected air carrier within 60 days after
such carrier receives written notice of the
establishment or increase of such fee.
(2) CALCULATION OF FEE.—A fee subject to a
determination of reasonableness under this
section may be calculated pursuant to either a
compensatory or residual fee methodology or
any combination thereof.
(3) SECRETARY NOT TO SET FEE.—In determining whether a fee is reasonable under this section, the Secretary may only determine
whether the fee is reasonable or unreasonable
and shall not set the level of the fee.
(4) FEES IMPOSED BY PRIVATELY-OWNED AIRPORTS.—In evaluating the reasonableness of a
fee imposed by an airport receiving an exemption under section 47134 of this title, the Secretary shall consider whether the airport has
complied with section 47134(c)(4).
(b) PROCEDURAL REGULATIONS.—Not later than
90 days after August 23, 1994, the Secretary shall
publish in the Federal Register final regulations, policy statements, or guidelines establishing—
(1) the procedures for acting upon any written request or complaint filed under subsection (a)(1); and

Page 1065

§ 47129

TITLE 49—TRANSPORTATION

(2) the standards or guidelines that shall be
used by the Secretary in determining under
this section whether an airport fee is reasonable.
(c) DECISIONS BY SECRETARY.—The final regulations, policy statements, or guidelines required in subsection (b) shall provide the following:
(1) Not more than 120 days after an air carrier files with the Secretary a written complaint relating to an airport fee, the Secretary
shall issue a final order determining whether
such fee is reasonable.
(2) Within 30 days after such complaint is
filed with the Secretary, the Secretary shall
dismiss the complaint if no significant dispute
exists or shall assign the matter to an administrative law judge; and thereafter the matter
shall be handled in accordance with part 302 of
title 14, Code of Federal Regulations, or as
modified by the Secretary to ensure an orderly
disposition of the matter within the 120-day
period and any specifically applicable provisions of this section.
(3) The administrative law judge shall issue
a recommended decision within 60 days after
the complaint is assigned or within such
shorter period as the Secretary may specify.
(4) If the Secretary, upon the expiration of
120 days after the filing of the complaint, has
not issued a final order, the decision of the administrative law judge shall be deemed to be
the final order of the Secretary.
(5) Any party to the dispute may seek review
of a final order of the Secretary under this
subsection in the Circuit Court of Appeals for
the District of Columbia Circuit or the court
of appeals in the circuit where the airport
which gives rise to the written complaint is
located.
(6) Any findings of fact in a final order of the
Secretary under this subsection, if supported
by substantial evidence, shall be conclusive if
challenged in a court pursuant to this subsection. No objection to such a final order
shall be considered by the court unless objection was urged before an administrative law
judge or the Secretary at a proceeding under
this subsection or, if not so urged, unless there
were reasonable grounds for failure to do so.
(d) PAYMENT UNDER PROTEST; GUARANTEE OF
AIR CARRIER ACCESS.—
(1) PAYMENT UNDER PROTEST.—
(A) IN GENERAL.—Any fee increase or
newly established fee which is the subject of
a complaint that is not dismissed by the
Secretary shall be paid by the complainant
air carrier to the airport under protest.
(B) REFERRAL OR CREDIT.—Any amounts
paid under this subsection by a complainant
air carrier to the airport under protest shall
be subject to refund or credit to the air carrier in accordance with directions in the
final order of the Secretary within 30 days of
such order.
(C) ASSURANCE OF TIMELY REPAYMENT.—In
order to assure the timely repayment, with
interest, of amounts in dispute determined
not to be reasonable by the Secretary, the
airport shall obtain a letter of credit, or sur-

ety bond, or other suitable credit facility,
equal to the amount in dispute that is due
during the 120-day period established by this
section, plus interest, unless the airport and
the complainant air carrier agree otherwise.
(D) DEADLINE.—The letter of credit, or surety bond, or other suitable credit facility
shall be provided to the Secretary within 20
days of the filing of the complaint and shall
remain in effect for 30 days after the earlier
of 120 days or the issuance of a timely final
order by the Secretary determining whether
such fee is reasonable.
(2) GUARANTEE OF AIR CARRIER ACCESS.—Contingent upon an air carrier’s compliance with
the requirements of paragraph (1) and pending
the issuance of a final order by the Secretary
determining the reasonableness of a fee that is
the subject of a complaint filed under subsection (a)(1)(B), an owner or operator of an
airport may not deny an air carrier currently
providing air service at the airport reasonable
access to airport facilities or service, or otherwise interfere with an air carrier’s prices,
routes, or services, as a means of enforcing the
fee.
(e) APPLICABILITY.—This section does not
apply to—
(1) a fee imposed pursuant to a written
agreement with air carriers using the facilities of an airport;
(2) a fee imposed pursuant to a financing
agreement or covenant entered into prior to
August 23, 1994; or
(3) any other existing fee not in dispute as of
August 23, 1994.
(f) EFFECT ON EXISTING AGREEMENTS.—Nothing
in this section shall adversely affect—
(1) the rights of any party under any existing written agreement between an air carrier
and the owner or operator of an airport; or
(2) the ability of an airport to meet its obligations under a financing agreement, or covenant, that is in force as of August 23, 1994.
(g) DEFINITION.—In this section, the term
‘‘fee’’ means any rate, rental charge, landing
fee, or other service charge for the use of airport
facilities.
(Added Pub. L. 103–305, title I, § 113(a)(2), Aug. 23,
1994, 108 Stat. 1577; amended Pub. L. 104–264, title
I, § 149(d), Oct. 9, 1996, 110 Stat. 3227; Pub. L.
104–287, § 5(85), Oct. 11, 1996, 110 Stat. 3397.)
HISTORICAL AND REVISION NOTES
PUB. L. 104–287, § 5(85)(A)
This amends 49:47129(a)(1) to conform to the style of
title 49.
PUB. L. 104–287, § 5(85)(B) AND (C)
These set out the date of enactment of 49:47129.
PRIOR PROVISIONS
A prior section 47129 was renumbered section 47131 of
this title.
AMENDMENTS
1996—Subsec. (a)(1). Pub. L. 104–287, § 5(85)(A), substituted ‘‘of this title’’ for ‘‘of this subtitle’’ in introductory provisions.

§ 47130

TITLE 49—TRANSPORTATION

Subsec. (a)(4). Pub. L. 104–264 added par. (4).
Subsecs. (b), (e)(2). Pub. L. 104–287, § 5(85)(B), substituted ‘‘August 23, 1994’’ for ‘‘the date of the enactment of this section’’.
Subsec. (e)(3). Pub. L. 104–287, § 5(85)(C), substituted
‘‘August 23, 1994’’ for ‘‘such date of enactment’’.
Subsec. (f)(2). Pub. L. 104–287, § 5(85)(B), substituted
‘‘August 23, 1994’’ for ‘‘the date of the enactment of this
section’’.

duct an audit or make a final determination before including an airport on the list referred to
in subsection (a)(5).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1278,
§ 47129; renumbered § 47131, Pub. L. 103–305, title
I, § 113(a)(1), Aug. 23, 1994, 108 Stat. 1577; amended
Pub. L. 106–181, title VII, § 722, Apr. 5, 2000, 114
Stat. 165.)

EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 47130. Airport safety data collection
Notwithstanding any other provision of law,
the Administrator of the Federal Aviation Administration may award a contract, using sole
source or limited source authority, or enter into
a cooperative agreement with, or provide a
grant from amounts made available under section 48103 to, a private company or entity for
the collection of airport safety data. In the
event that a grant is provided under this section, the United States Government’s share of
the cost of the data collection shall be 100 percent.
(Added Pub. L. 103–305, title I, § 118(a), Aug. 23,
1994, 108 Stat. 1580; amended Pub. L. 108–176, title
I, § 154, Dec. 12, 2003, 117 Stat. 2507.)
AMENDMENTS
2003—Pub. L. 108–176 reenacted section catchline
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘Notwithstanding
any other provision of law, the Administrator of the
Federal Aviation Administration may contract, using
sole source or limited source authority, for the collection of airport safety data.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

§ 47131. Annual report
(a) GENERAL RULE.—Not later than April 1 of
each year, the Secretary of Transportation shall
submit to Congress a report on activities carried
out under this subchapter during the prior fiscal
year. The report shall include—
(1) a detailed statement of airport development completed;
(2) the status of each project undertaken;
(3) the allocation of appropriations;
(4) an itemized statement of expenditures
and receipts; and
(5) a detailed statement listing airports that
the Secretary believes are not in compliance
with grant assurances or other requirements
with respect to airport lands and including the
circumstances of such noncompliance, the
timelines for corrective action, and the corrective action the Secretary intends to take to
bring the airport sponsor into compliance.
(b) SPECIAL RULE FOR LISTING NONCOMPLIANT
AIRPORTS.—The Secretary does not have to con-

Page 1066

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47129 ..........

49 App.:2220.

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 521, 96 Stat. 694.

In this section, before clause (1), the words ‘‘on activities carried out’’ are substituted for ‘‘describing his
operations’’ for clarity.
AMENDMENTS
2000—Pub. L. 106–181 designated existing provisions as
subsec. (a), inserted heading, added par. (5) of subsec.
(a), and added subsec. (b).
1994—Pub. L. 103–305 renumbered section 47129 of this
title as this section.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

[§ 47132. Repealed. Pub. L. 106–181,
§ 123(a)(1), Apr. 5, 2000, 114 Stat. 74]

title

I,

Section, added Pub. L. 104–264, title I, § 142(a), Oct. 9,
1996, 110 Stat. 3221, temporarily directed the Administrator of the Federal Aviation Administration to issue
guidelines to carry out not more than 10 pavement
maintenance pilot projects.
EFFECTIVE DATE OF REPEAL
Repeal applicable only to fiscal years beginning after
Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as
an Effective Date of 2000 Amendments note under section 106 of this title.

§ 47133. Restriction on use of revenues
(a) PROHIBITION.—Local taxes on aviation fuel
(except taxes in effect on December 30, 1987) or
the revenues generated by an airport that is the
subject of Federal assistance may not be expended for any purpose other than the capital or
operating costs of—
(1) the airport;
(2) the local airport system; or
(3) any other local facility that is owned or
operated by the person or entity that owns or
operates the airport that is directly and substantially related to the air transportation of
passengers or property.
(b) EXCEPTIONS.—Subsection (a) shall not
apply if a provision enacted not later than September 2, 1982, in a law controlling financing by
the airport owner or operator, or a covenant or
assurance in a debt obligation issued not later
than September 2, 1982, by the owner or operator, provides that the revenues, including local
taxes on aviation fuel at public airports, from
any of the facilities of the owner or operator, including the airport, be used to support not only
the airport but also the general debt obligations
or other facilities of the owner or operator.

Page 1067

TITLE 49—TRANSPORTATION

(c) RULE OF CONSTRUCTION.—Nothing in this
section may be construed to prevent the use of
a State tax on aviation fuel to support a State
aviation program or the use of airport revenue
on or off the airport for a noise mitigation purpose.
(Added Pub. L. 104–264, title VIII, § 804(a), Oct. 9,
1996, 110 Stat. 3271.)
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.

§ 47134. Pilot program on private ownership of
airports
(a) SUBMISSION OF APPLICATIONS.—If a sponsor
intends to sell or lease a general aviation airport or lease any other type of airport for a long
term to a person (other than a public agency),
the sponsor and purchaser or lessee may apply
to the Secretary of Transportation for exemptions under this section.
(b) APPROVAL OF APPLICATIONS.—The Secretary may approve, with respect to not more
than 5 airports, applications submitted under
subsection (a) granting exemptions from the following provisions:
(1) USE OF REVENUES.—
(A) IN GENERAL.—The Secretary may grant
an exemption to a sponsor from the provisions of sections 47107(b) and 47133 of this
title (and any other law, regulation, or grant
assurance) to the extent necessary to permit
the sponsor to recover from the sale or lease
of the airport such amount as may be approved—
(i) in the case of a primary airport, by at
least 65 percent of the scheduled air carriers serving the airport and by scheduled
and nonscheduled air carriers whose aircraft landing at the airport during the preceding calendar year, had a total landed
weight during the preceding calendar year
of at least 65 percent of the total landed
weight of all aircraft landing at the airport during such year; or
(ii) in the case of a nonprimary airport,
by the Secretary after the airport has consulted with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary.
(B) OBJECTION TO EXEMPTION.—An air carrier shall be deemed to have approved a
sponsor’s application for an exemption under
subparagraph (A) unless the air carrier has
submitted an objection, in writing, to the
sponsor within 60 days of the filing of the
sponsor’s application with the Secretary, or
within 60 days of the service of the application upon that air carrier, whichever is
later.
(C) LANDED WEIGHT DEFINED.—In this paragraph, the term ‘‘landed weight’’ means the
weight of aircraft transporting passengers or
cargo, or both, in intrastate, interstate, and
foreign air transportation, as the Secretary

§ 47134

determines under regulations the Secretary
prescribes.
(2) REPAYMENT REQUIREMENTS.—The Secretary may grant an exemption to a sponsor
from the provisions of sections 47107 and 47152
of this title (and any other law, regulation, or
grant assurance) to the extent necessary to
waive any obligation of the sponsor to repay
to the Federal Government any grants, or to
return to the Federal Government any property, received by the airport under this title,
the Airport and Airway Improvement Act of
1982, or any other law.
(3) COMPENSATION FROM AIRPORT OPERATIONS.—The Secretary may grant an exemption to a purchaser or lessee from the provisions of sections 47107(b) and 47133 of this title
(and any other law, regulation, or grant assurance) to the extent necessary to permit the
purchaser or lessee to earn compensation from
the operations of the airport.
(c) TERMS AND CONDITIONS.—The Secretary
may approve an application under subsection (b)
only if the Secretary finds that the sale or lease
agreement includes provisions satisfactory to
the Secretary to ensure the following:
(1) The airport will continue to be available
for public use on reasonable terms and conditions and without unjust discrimination.
(2) The operation of the airport will not be
interrupted in the event that the purchaser or
lessee becomes insolvent or seeks or becomes
subject to any State or Federal bankruptcy,
reorganization, insolvency, liquidation, or dissolution proceeding or any petition or similar
law seeking the dissolution or reorganization
of the purchaser or lessee or the appointment
of a receiver, trustee, custodian, or liquidator
for the purchaser or lessee or a substantial
part of the purchaser or lessee’s property, assets, or business.
(3) The purchaser or lessee will maintain,
improve, and modernize the facilities of the
airport through capital investments and will
submit to the Secretary a plan for carrying
out such maintenance, improvements, and
modernization.
(4) Every fee of the airport imposed on an air
carrier on the day before the date of the lease
of the airport will not increase faster than the
rate of inflation unless a higher amount is approved—
(A) by at least 65 percent of the air carriers serving the airport; and
(B) by air carriers whose aircraft landing
at the airport during the preceding calendar
year had a total landed weight during the
preceding calendar year of at least 65 percent of the total landed weight of all aircraft
landing at the airport during such year.
(5) The percentage increase in fees imposed
on general aviation aircraft at the airport will
not exceed the percentage increase in fees imposed on air carriers at the airport.
(6) Safety and security at the airport will be
maintained at the highest possible levels.
(7) The adverse effects of noise from operations at the airport will be mitigated to the
same extent as at a public airport.

§ 47135

TITLE 49—TRANSPORTATION

(8) Any adverse effects on the environment
from airport operations will be mitigated to
the same extent as at a public airport.
(9) Any collective bargaining agreement that
covers employees of the airport and is in effect
on the date of the sale or lease of the airport
will not be abrogated by the sale or lease.
(d) PARTICIPATION OF CERTAIN AIRPORTS.—
(1) GENERAL AVIATION AIRPORTS.—If the Secretary approves under subsection (b) applications with respect to 5 airports, one of the airports must be a general aviation airport.
(2) LARGE HUB AIRPORTS.—The Secretary
may not approve under subsection (b) more
than 1 application submitted by an airport
that had 1 percent or more of the total passenger boardings (as defined in section 47102)
in the United States in the preceding calendar
year.
(e) REQUIRED FINDING THAT APPROVAL WILL
NOT RESULT IN UNFAIR METHODS OF COMPETITION.—The Secretary may approve an application under subsection (b) only if the Secretary
finds that the approval will not result in unfair
and deceptive practices or unfair methods of
competition.
(f) INTERESTS OF GENERAL AVIATION USERS.—In
approving an application of an airport under
this section, the Secretary shall ensure that the
interests of general aviation users of the airport
are not adversely affected.
(g) PASSENGER FACILITY FEES; APPORTIONMENTS;
SERVICE
CHARGES.—Notwithstanding
that the sponsor of an airport receiving an exemption under subsection (b) is not a public
agency, the sponsor shall not be prohibited
from—
(1) imposing a passenger facility fee under
section 40117 of this title;
(2) receiving apportionments under section
47114 of this title; or
(3) collecting reasonable rental charges,
landing fees, and other service charges from
aircraft operators under section 40116(e)(2) of
this title.
(h) EFFECTIVENESS OF EXEMPTIONS.—An exemption granted under subsection (b) shall continue in effect only so long as the facilities sold
or leased continue to be used for airport purposes.
(i) REVOCATION OF EXEMPTIONS.—The Secretary may revoke an exemption issued to a purchaser or lessee of an airport under subsection
(b)(3) if, after providing the purchaser or lessee
with notice and an opportunity to be heard, the
Secretary determines that the purchaser or lessee has knowingly violated any of the terms
specified in subsection (c) for the sale or lease of
the airport.
(j) NONAPPLICATION OF PROVISIONS TO AIRPORTS
OWNED BY PUBLIC AGENCIES.—The provisions of
this section requiring the approval of air carriers in determinations concerning the use of
revenues, and imposition of fees, at an airport
shall not be extended so as to apply to any airport owned by a public agency that is not participating in the program established by this
section.
(k) AUDITS.—The Secretary may conduct periodic audits of the financial records and oper-

Page 1068

ations of an airport receiving an exemption
under this section.
(l) REPORT.—Not later than 2 years after the
date of the initial approval of an application
under this section, the Secretary shall transmit
to the Committee on Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate a report on implementation of the program under this section.
(m) GENERAL AVIATION AIRPORT DEFINED.—In
this section, the term ‘‘general aviation airport’’ means an airport that is not a commercial
service airport.
(Added Pub. L. 104–264, title I, § 149(a)(1), Oct. 9,
1996, 110 Stat. 3224; amended Pub. L. 108–176, title
I, § 155(a), Dec. 12, 2003, 117 Stat. 2508.)
REFERENCES IN TEXT
The Airport and Airway Improvement Act of 1982, referred to in subsec. (b)(2), is title V of Pub. L. 97–248,
Sept. 3, 1982, 96 Stat. 671, as amended, which was classified principally to chapter 31 (§ 2201 et seq.) of former
Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat.
1379, and reenacted by the first section thereof as this
subchapter.
AMENDMENTS
2003—Subsec. (b)(1)(A). Pub. L. 108–176, § 155(a)(1),
added cls. (i) and (ii) and struck out former cls. (i) and
(ii) which read as follows:
‘‘(i) by at least 65 percent of the air carriers serving
the airport; and
‘‘(ii) by air carriers whose aircraft landing at the airport during the preceding calendar year had a total
landed weight during the preceding calendar year of at
least 65 percent of the total landed weight of all aircraft landing at the airport during such year.’’
Subsec. (b)(1)(B), (C). Pub. L. 108–176, § 155(a)(2), (3),
added subpar. (B) and redesignated former subpar. (B)
as (C).
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–176, title I, § 155(b), Dec. 12, 2003, 117 Stat.
2508, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall not affect any
application submitted before the date of enactment of
this Act [Dec. 12, 2003].’’
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.

§ 47135. Innovative financing techniques
(a) IN GENERAL.—The Secretary of Transportation may approve, after the date of enactment
of the Vision 100—Century of Aviation Reauthorization Act, applications for not more than
20 airport development projects for which grants
received under this subchapter may be used for
innovative financing techniques. Such projects
shall be located at airports that each year have
less than .25 percent of the total number of passenger boardings each year at all commercial
service airports in the most recent calendar
year for which data is available.
(b) PURPOSE.—The purpose of grants made
under this section shall be to provide information on the benefits and difficulties of using in-

Page 1069

TITLE 49—TRANSPORTATION

novative financing techniques for airport development projects.
(c) LIMITATIONS.—
(1) NO GUARANTEES.—In no case shall the implementation of an innovative financing technique under this section be used in a manner
giving rise to a direct or indirect guarantee of
any airport debt instrument by the United
States Government.
(2) TYPES OF TECHNIQUES.—In this section,
innovative financing techniques are limited
to—
(A) payment of interest;
(B) commercial bond insurance and other
credit enhancement associated with airport
bonds for eligible airport development;
(C) flexible non-Federal matching requirements; and
(D) use of funds apportioned under section
47114 for the payment of principal and interest of terminal development for costs incurred before the date of the enactment of
this section.
(Added Pub. L. 106–181, title I, § 132(a), Apr. 5,
2000, 114 Stat. 80; amended Pub. L. 108–176, title
I, § 156, Dec. 12, 2003, 117 Stat. 2508.)
REFERENCES IN TEXT
The date of enactment of the Vision 100—Century of
Aviation Reauthorization Act, referred to in subsec.
(a), is the date of enactment of Pub. L. 108–176, which
was approved Dec. 12, 2003.
The date of the enactment of this section, referred to
in subsec. (c)(2)(D), is the date of enactment of Pub. L.
106–181, which was approved Apr. 5, 2000.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–176 inserted ‘‘, after the
date of enactment of the Vision 100—Century of Aviation Reauthorization Act,’’ after ‘‘approve’’ in first sentence.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 47136. Inherently low-emission airport vehicle
pilot program
(a) IN GENERAL.—The Secretary of Transportation shall carry out a pilot program at not
more than 10 public-use airports under which
the sponsors of such airports may use funds
made available under section 48103 for use at
such airports to carry out inherently low-emission vehicle activities. Notwithstanding any
other provision of this subchapter, inherently
low-emission vehicle activities shall for purposes of the pilot program be treated as eligible
for assistance under this subchapter.
(b) LOCATION IN AIR QUALITY NONATTAINMENT
AREAS.—
(1) IN GENERAL.—A public-use airport shall
be eligible for participation in the pilot program only if the airport is located in an air

§ 47136

quality nonattainment area (as defined in section 171(2) of the Clean Air Act (42 U.S.C.
7501(2)).
(2) SHORTAGE OF CANDIDATES.—If the Secretary receives an insufficient number of applications from public-use airports located in
such areas, then the Secretary may consider
applications from public-use airports that are
not located in such areas.
(c) SELECTION CRITERIA.—In selecting from
among applicants for participation in the pilot
program, the Secretary shall give priority consideration to applicants that will achieve the
greatest air quality benefits measured by the
amount of emissions reduced per dollar of funds
expended under the pilot program.
(d) UNITED STATES GOVERNMENT’S SHARE.—
Notwithstanding any other provision of this subchapter, the United States Government’s share
of the costs of a project carried out under the
pilot program shall be 50 percent.
(e) MAXIMUM AMOUNT.—Not more than
$2,000,000 may be expended under the pilot program at any single public-use airport.
(f) TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—The sponsor of a public-use
airport carrying out inherently low-emission
vehicle activities under the pilot program may
use not more than 10 percent of the amounts
made available for expenditure at the airport
in a fiscal year under the pilot program to receive technical assistance in carrying out such
activities.
(2) ELIGIBLE CONSORTIUM.—To the maximum
extent practicable, participants in the pilot
program shall use an eligible consortium (as
defined in section 5506 1 of this title) in the region of the airport to receive technical assistance described in paragraph (1).
(g) MATERIALS IDENTIFYING BEST PRACTICES.—
The Administrator may develop and make available materials identifying best practices for carrying out low-emission vehicle activities based
on the projects carried out under the pilot program and other sources.
(h) REPORT TO CONGRESS.—Not later than 18
months after the date of the enactment of this
section, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a report containing—
(1) an evaluation of the effectiveness of the
pilot program;
(2) an identification of other public-use airports that expressed an interest in participating in the pilot program; and
(3) a description of the mechanisms used by
the Secretary to ensure that the information
and know-how gained by participants in the
pilot program is transferred among the participants and to other interested parties, including other public-use airports.
(i) INHERENTLY LOW-EMISSION VEHICLE ACTIVDEFINED.—In this section, the term ‘‘inherently low-emission vehicle activity’’ means—
(1) the construction of infrastructure or
modifications at public-use airports to enable
ITY

1 See

References in text note below.

§ 47137

TITLE 49—TRANSPORTATION

the delivery of fuel and services necessary for
the use of vehicles that are certified as inherently low-emission vehicles under title 40 of
the Code of Federal Regulations and that—
(A) operate exclusively on compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, hydrogen, or a
blend at least 85 percent of which is methanol;
(B) are labeled in accordance with section
88.312–93(c) of such title; and
(C) are located or primarily used at publicuse airports;
(2) the construction of infrastructure or
modifications at public-use airports to enable
the delivery of fuel and services necessary for
the use of nonroad vehicles that—
(A) operate exclusively on compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, hydrogen, or a
blend at least 85 percent of which is methanol;
(B) meet or exceed the standards set forth
in section 86.1708–99 of such title or the
standards set forth in section 89.112(a) of
such title, and are in compliance with the
requirements of section 89.112(b) of such
title; and
(C) are located or primarily used at publicuse airports;
(3) the payment of that portion of the cost of
acquiring vehicles described in this subsection
that exceeds the cost of acquiring other vehicles or engines that would be used for the
same purpose; or
(4) the acquisition of technological capital
equipment to enable the delivery of fuel and
services necessary for the use of vehicles described in paragraph (1).
(Added Pub. L. 106–181, title I, § 133(a), Apr. 5,
2000, 114 Stat. 81.)

Page 1070

systems, for the purpose of improving aviation
and aircraft physical security, access control,
and passenger and baggage screening; and
(2) provides testing and evaluation of airport
security systems and technology in an operational, testbed environment.
(c) MATCHING SHARE.—Notwithstanding section 47109, the United States Government’s
share of allowable project costs for a project
under this section shall be 100 percent.
(d) TERMS AND CONDITIONS.—The Secretary
may establish such terms and conditions as the
Secretary determines appropriate for carrying
out a project under this section, including terms
and conditions relating to the form and content
of a proposal for a project, project assurances,
and schedule of payments.
(e) ADMINISTRATION.—The Secretary, in cooperation with the Secretary of Homeland Security, shall administer the program authorized by
this section.
(f) ELIGIBLE SPONSOR DEFINED.—In this section, the term ‘‘eligible sponsor’’ means a nonprofit corporation composed of a consortium of
public and private persons, including a sponsor
of a primary airport, with the necessary engineering and technical expertise to successfully
conduct the testing and evaluation of airport
and aircraft related security systems.
(g) AUTHORIZATION OF APPROPRIATIONS.—Of the
amounts made available to the Secretary under
section 47115 in a fiscal year, the Secretary shall
make available not less than $5,000,000 for the
purpose of carrying out this section.
(Added Pub. L. 106–181, title I, § 134(a), Apr. 5,
2000, 114 Stat. 83; amended Pub. L. 108–176, title
I, § 157, Dec. 12, 2003, 117 Stat. 2508.)
AMENDMENTS
2003—Subsecs. (e) to (g). Pub. L. 108–176 added subsec.
(e) and redesignated former subsecs. (e) and (f) as (f)
and (g), respectively.

REFERENCES IN TEXT

EFFECTIVE DATE OF 2003 AMENDMENT

Section 5506 of this title, referred to in subsec. (f)(2),
was amended by Pub. L. 109–59 and no longer defines
the term ‘‘eligible consortium’’.
The date of the enactment of this section, referred to
in subsec. (h), is the date of enactment of Pub. L.
106–181, which was approved Apr. 5, 2000.

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 47137. Airport security program
(a) GENERAL AUTHORITY.—To improve security
at public airports in the United States, the Secretary of Transportation shall carry out not less
than one project to test and evaluate innovative
aviation security systems and related technology.
(b) PRIORITY.—In carrying out this section, the
Secretary shall give the highest priority to a request from an eligible sponsor for a grant to undertake a project that—
(1) evaluates and tests the benefits of innovative aviation security systems or related
technology, including explosives detection

EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 47138. Pilot program for purchase of airport development rights
(a) IN GENERAL.—The Secretary of Transportation shall establish a pilot program to support
the purchase, by a State or political subdivision
of a State, of development rights associated
with, or directly affecting the use of, privately
owned public use airports located in that State.
Under the program, the Secretary may make a
grant to a State or political subdivision of a
State from funds apportioned under section
47114 for the purchase of such rights.
(b) GRANT REQUIREMENTS.—
(1) IN GENERAL.—The Secretary may not
make a grant under subsection (a) unless the
grant is made—

Page 1071

§ 47140

TITLE 49—TRANSPORTATION

(A) to enable the State or political subdivision to purchase development rights in
order to ensure that the airport property
will continue to be available for use as a
public airport; and
(B) subject to a requirement that the State
or political subdivision acquire an easement
or other appropriate covenant requiring that
the airport shall remain a public use airport
in perpetuity.
(2) MATCHING REQUIREMENT.—The amount of
a grant under the program may not exceed 90
percent of the costs of acquiring the development rights.
(c) GRANT STANDARDS.—The Secretary shall
prescribe standards for grants under subsection
(a), including—
(1) grant application and approval procedures; and
(2) requirements for the content of the instrument recording the purchase of the development rights.
(d) RELEASE OF PURCHASED RIGHTS AND COVENANT.—Any
development rights purchased
under the program shall remain the property of
the State or political subdivision unless the Secretary approves the transfer or disposal of the
development rights after making a determination that the transfer or disposal of that right is
in the public interest.
(e) LIMITATION.—The Secretary may not make
a grant under the pilot program for the purchase
of development rights at more than 10 airports.
(Added Pub. L. 108–176, title I, § 152(a), Dec. 12,
2003, 117 Stat. 2506.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

§ 47139. Emission credits for air quality projects
(a) IN GENERAL.—The Administrator of the Environmental Protection Agency, in consultation
with the Secretary of Transportation, shall
issue guidance on how to ensure that airport
sponsors receive appropriate emission reduction
credits for carrying out projects described in
sections 40117(a)(3)(G), 47102(3)(F), 47102(3)(K),
and 47102(3)(L). Such guidance shall include, at a
minimum, the following conditions:
(1) The provision of credits is consistent
with the Clean Air Act (42 U.S.C. 7402 et seq.).
(2) Credits generated by the emissions reductions are kept by the airport sponsor and may
only be used for purposes of any current or future general conformity determination under
the Clean Air Act or as offsets under the Environmental Protection Agency’s new source review program for projects on the airport or associated with the airport.
(3) Credits are calculated and provided to
airports on a consistent basis nationwide.
(4) Credits are provided to airport sponsors
in a timely manner.
(5) The establishment of a method to assure
the Secretary that, for any specific airport

project for which funding is being requested,
the appropriate credits will be granted.
(b) ASSURANCE OF RECEIPT OF CREDITS.—As a
condition for making a grant for a project described in section 47102(3)(F), 47102(3)(K),
47102(3)(L), or 47140 or as a condition for granting approval to collect or use a passenger facility fee for a project described in section
40117(a)(3)(G), 47103(3)(F), 47102(3)(K), 47102(3)(L),
or 47140, the Secretary must receive assurance
from the State in which the project is located,
or from the Administrator of the Environmental
Protection Agency where there is a Federal implementation plan, that the airport sponsor will
receive appropriate emission credits in accordance with the conditions of this section.
(c) PREVIOUSLY APPROVED PROJECTS.—The Administrator of the Environmental Protection
Agency, in consultation with the Secretary,
shall determine how to provide appropriate
emissions credits to airport projects previously
approved under section 47136 consistent with the
guidance and conditions specified in subsection
(a).
(d) STATE AUTHORITY UNDER CAA.—Nothing in
this section shall be construed as overriding existing State law or regulation pursuant to section 116 of the Clean Air Act (42 U.S.C. 7416).
(Added Pub. L. 108–176, title I, § 158(a), Dec. 12,
2003, 117 Stat. 2508.)
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (a)(1), (2), is
act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which
is classified generally to chapter 85 (§ 7401 et seq.) of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title
note set out under section 7401 of Title 42 and Tables.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

§ 47140. Airport ground support equipment emissions retrofit pilot program
(a) IN GENERAL.—The Secretary of Transportation shall carry out a pilot program at not
more than 10 commercial service airports under
which the sponsors of such airports may use an
amount made available under section 48103 to
retrofit existing eligible airport ground support
equipment that burns conventional fuels to
achieve lower emissions utilizing emission control technologies certified or verified by the Environmental Protection Agency.
(b) LOCATION IN AIR QUALITY NONATTAINMENT
OR MAINTENANCE AREAS.—A commercial service
airport shall be eligible for participation in the
pilot program only if the airport is located in an
air quality nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C.
7501(2))) or a maintenance area referred to in
section 175A of such Act (42 U.S.C. 7505a).
(c) SELECTION CRITERIA.—In selecting from
among applicants for participation in the pilot
program, the Secretary shall give priority consideration to applicants that will achieve the
greatest air quality benefits measured by the

§ 47141

TITLE 49—TRANSPORTATION

amount of emissions reduced per dollar of funds
expended under the pilot program.
(d) MAXIMUM AMOUNT.—Not more than $500,000
may be expended under the pilot program at any
single commercial service airport.
(e) GUIDELINES.—The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish
guidelines regarding the types of retrofit
projects eligible under the pilot program by considering remaining equipment useful life,
amounts of emission reduction in relation to the
cost of projects, and other factors necessary to
carry out this section. The Secretary may give
priority to ground support equipment owned by
the airport and used for airport purposes.
(f) ELIGIBLE EQUIPMENT DEFINED.—In this section, the term ‘‘eligible equipment’’ means
ground service or maintenance equipment that
is located at the airport, is used to support aeronautical and related activities at the airport,
and will remain in operation at the airport for
the life or useful life of the equipment, whichever is earlier.
(Added Pub. L. 108–176, title I, § 159(a)(1), Dec. 12,
2003, 117 Stat. 2509.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

§ 47141. Compatible land use planning and
projects by State and local governments
(a) IN GENERAL.—The Secretary of Transportation may make grants, from amounts set
aside under section 47117(e)(1)(A), to States and
units of local government for development and
implementation of land use compatibility plans
and implementation of land use compatibility
projects resulting from those plans for the purposes of making the use of land areas around
large hub airports and medium hub airports
compatible with aircraft operations. The Secretary may make a grant under this section for
a land use compatibility plan or a project resulting from such plan only if—
(1) the airport operator has not submitted a
noise compatibility program to the Secretary
under section 47504 or has not updated such
program within the preceding 10 years; and
(2) the land use plan or project meets the requirements of this section.
(b) ELIGIBILITY.—In order to receive a grant
under this section, a State or unit of local government must—
(1) have the authority to plan and adopt land
use control measures, including zoning, in the
planning area in and around a large or medium hub airport;
(2) enter into an agreement with the airport
owner or operator that the development of the
land use compatibility plan will be done cooperatively; and
(3) provide written assurance to the Secretary that it will achieve, to the maximum
extent possible, compatible land uses consistent with Federal land use compatibility cri-

Page 1072

teria under section 47502(3) and that those
compatible land uses will be maintained.
(c) ASSURANCES.—The Secretary shall require
a State or unit of local government to which a
grant may be made under this section for a land
use plan or a project resulting from such plan to
provide—
(1) assurances satisfactory to the Secretary
that the plan—
(A) is reasonably consistent with the goal
of reducing existing noncompatible land uses
and preventing the introduction of additional noncompatible land uses;
(B) addresses ways to achieve and maintain compatible land uses, including zoning,
building codes, and any other land use compatibility measures under section 47504(a)(2)
that are within the authority of the State or
unit of local government to implement;
(C) uses noise contours provided by the airport operator that are consistent with the
airport operation and planning, including
any noise abatement measures adopted by
the airport operator as part of its own noise
mitigation efforts;
(D) does not duplicate, and is not inconsistent with, the airport operator’s noise
compatibility measures for the same area;
and
(E) has been approved jointly by the airport owner or operator and the State or unit
of local government; and
(2) such other assurances as the Secretary
determines to be necessary to carry out this
section.
(d) GUIDELINES.—The Secretary shall establish
guidelines to administer this section in accordance with the purposes and conditions described
in this section. The Secretary may require a
State or unit of local government to which a
grant may be made under this section to provide
progress reports and other information as the
Secretary determines to be necessary to carry
out this section.
(e) ELIGIBLE PROJECTS.—The Secretary may
approve a grant under this section to a State or
unit of local government for a project resulting
from a land use compatibility plan only if the
Secretary is satisfied that the project is consistent with the guidelines established by the Secretary under this section, the State or unit of
local government has provided the assurances
required by this section, the State or unit of
local government has implemented (or has made
provision to implement) those elements of the
plan that are not eligible for Federal financial
assistance, and that the project is not inconsistent with applicable Federal Aviation Administration standards.
(f) SUNSET.—This section shall not be in effect
after March 31, 2010.
(Added Pub. L. 108–176, title I, § 160(a), Dec. 12,
2003, 117 Stat. 2511; amended Pub. L. 110–253,
§ 3(c)(2), June 30, 2008, 122 Stat. 2417; Pub. L.
110–330, § 5(g), Sept. 30, 2008, 122 Stat. 3718; Pub.
L. 111–12, § 5(f), Mar. 30, 2009, 123 Stat. 1458; Pub.
L. 111–69, § 5(g), Oct. 1, 2009, 123 Stat. 2055; Pub.
L. 111–116, § 5(f), Dec. 16, 2009, 123 Stat. 3032.)

Page 1073

§ 47151

TITLE 49—TRANSPORTATION
AMENDMENTS

2009—Subsec. (f). Pub. L. 111–116 substituted ‘‘March
31, 2010.’’ for ‘‘December 31, 2009.’’
Pub. L. 111–69 substituted ‘‘December 31, 2009.’’ for
‘‘September 30, 2009.’’
Pub. L. 111–12 substituted ‘‘September 30, 2009.’’ for
‘‘March 31, 2009.’’
2008—Subsec. (f). Pub. L. 110–330 substituted ‘‘March
31, 2009’’ for ‘‘September 30, 2008’’.
Pub. L. 110–253 substituted ‘‘September 30, 2008’’ for
‘‘September 30, 2007’’.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–116 effective Jan. 1, 2010,
see section 5(j) of Pub. L. 111–116, set out as a note
under section 40117 of this title.
Amendment by Pub. L. 111–12 effective Apr. 1, 2009,
see section 5(j) of Pub. L. 111–12, set out as a note under
section 40117 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–330 effective Oct. 1, 2008,
see section 5(l) of Pub. L. 110–330, set out as a note
under section 40117 of this title.
Amendment by Pub. L. 110–253 effective July 1, 2008,
see section 3(d) of Pub. L. 110–253, set out as a note
under section 9502 of Title 26, Internal Revenue Code.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

§ 47142. Design-build contracting
(a) IN GENERAL.—The Administrator of the
Federal Aviation Administration may approve
an application of an airport sponsor under this
section to authorize the airport sponsor to
award a design-build contract using a selection
process permitted under applicable State or
local law if—
(1) the Administrator approves the application using criteria established by the Administrator;
(2) the design-build contract is in a form
that is approved by the Administrator;
(3) the Administrator is satisfied that the
contract will be executed pursuant to competitive procedures and contains a schematic design adequate for the Administrator to approve the grant;
(4) use of a design-build contract will be cost
effective and expedite the project;
(5) the Administrator is satisfied that there
will be no conflict of interest; and
(6) the Administrator is satisfied that the selection process will be as open, fair, and objective as the competitive bid system and that at
least 3 or more bids will be submitted for each
project under the selection process.
(b) REIMBURSEMENT OF COSTS.—The Administrator may reimburse an airport sponsor for design and construction costs incurred before a
grant is made pursuant to this section if the
project is approved by the Administrator in advance and is carried out in accordance with all
administrative and statutory requirements that
would have been applicable under this chapter if
the project were carried out after a grant agreement had been executed.
(c) DESIGN-BUILD CONTRACT DEFINED.—In this
section, the term ‘‘design-build contract’’ means

an agreement that provides for both design and
construction of a project by a contractor.
(Added Pub. L. 108–176, title I, § 181(a), Dec. 12,
2003, 117 Stat. 2515.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

SUBCHAPTER II—SURPLUS PROPERTY FOR
PUBLIC AIRPORTS
§ 47151. Authority to transfer an interest in surplus property
(a) GENERAL AUTHORITY.—Subject to sections
47152 and 47153 of this title, a department, agency, or instrumentality of the executive branch
of the United States Government or a wholly
owned Government corporation may convey to a
State, political subdivision of a State, or taxsupported organization any interest in surplus
property—
(1) that the Secretary of Transportation decides is—
(A) desirable for developing, improving,
operating, or maintaining a public airport
(as defined in section 47102 of this title);
(B) reasonably necessary to fulfill the immediate and foreseeable future requirements
for developing, improving, operating, or
maintaining a public airport; or
(C) needed for developing sources of revenue from nonaviation businesses at a public
airport; and
(2) if the Administrator of General Services
approves the conveyance and decides the interest is not best suited for industrial use.
(b) ENSURING COMPLIANCE.—Only the Secretary
may ensure compliance with an instrument conveying an interest in surplus property under this
subchapter. The Secretary may amend the instrument to correct the instrument or to make
the conveyance comply with law.
(c) DISPOSING OF INTERESTS NOT CONVEYED
UNDER THIS SUBCHAPTER.—An interest in surplus property that could be used at a public airport but that is not conveyed under this subchapter shall be disposed of under other applicable law.
(d) WAIVER OF CONDITION.—Before the Secretary may waive any condition imposed on an
interest in surplus property conveyed under subsection (a) that such interest be used for an
aeronautical purpose, the Secretary must provide notice to the public not less than 30 days
before waiving such condition.
(e) REQUESTS BY PUBLIC AGENCIES.—Except
with respect to a request made by another department, agency, or instrumentality of the executive branch of the United States Government, such a department, agency, or instrumentality shall give priority consideration to a request made by a public agency (as defined in section 47102) for surplus property described in subsection (a) (other than real property that is subject to section 2687 of title 10, section 201 of the
Defense Authorization Amendments and Base

§ 47152

TITLE 49—TRANSPORTATION

Closure and Realignment Act (10 U.S.C. 2687
note), or section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687
note)) for use at a public airport.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1278;
Pub. L. 106–181, title I, §§ 125(c), 135(d)(1), 136,
Apr. 5, 2000, 114 Stat. 75, 84, 85.)
HISTORICAL AND REVISION NOTES
Revised
Section
47151(a) ......

Source (U.S. Code)
49 App.:1655(c)(1).

50 App.:1622(g)(1).

47151(b) ......

47151(c) ......

49 App.:1655(c)(1).
50 App.:1622b.

50 App.:1622(g)(5),
(6).

Source (Statutes at Large)
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Oct. 3, 1944, ch. 479, 58 Stat.
765, § 13(g)(1); added July
30, 1947, ch. 404, § 2, 61
Stat. 678; Aug. 23, 1958,
Pub. L. 85–726, § 1402(c), 72
Stat. 807; May 21, 1970,
Pub. L. 91–258, § 52(b)(6), 84
Stat. 235; Sept. 3, 1982,
Pub. L. 97–248, § 524(c), 96
Stat. 696.
Oct. 1, 1949, ch. 589, § 3, 63
Stat. 700; Aug. 23, 1958,
Pub. L. 85–726, § 1402(c), 72
Stat. 807.
Oct. 3, 1944, ch. 479, 58 Stat.
765, § 13(g)(5), (6); added
July 30, 1947, ch. 404, § 2, 61
Stat. 680.

In subsection (a), before clause (1), the words ‘‘Notwithstanding any other provision of this Act’’ are omitted as surplus. The words ‘‘Subject to sections 47152 and
47153 of this title’’ are substituted for ‘‘but subject to
the terms, conditions, reservations, and restrictions
hereinafter provided for’’ to eliminate unnecessary
words. The words ‘‘a department, agency, or instrumentality of the executive branch of the United States
Government or a wholly owned Government corporation’’ are substituted for ‘‘any disposal agency designated pursuant to this Act’’ for clarity because disposal agencies were Government agencies designated
under 50 App.:1619(a), that was repealed by section
602(a)(1) of the Federal Property and Administrative
Services Act of 1949 (ch. 288, 63 Stat. 399), and Government agencies were all departments, agencies, and instrumentalities of the executive branch of the United
States Government and wholly owned Government corporations. The word ‘‘give’’ is substituted for ‘‘convey
or dispose of . . . without monetary consideration to
the United States’’, to eliminate unnecessary words.
The word ‘‘municipality’’ is omitted as being included
in ‘‘political subdivision’’. The words ‘‘of a State’’ are
added for clarity and consistency in the revised title
and with other titles of the United States Code. The
word ‘‘organization’’ is substituted for ‘‘institution’’
for consistency in the revised title. The words ‘‘all of
the right, title, and . . . of the United States . . . and
to . . . real or personal’’ are omitted as surplus. In
clause (1)(A), the words ‘‘essential, suitable, or’’ are
omitted as surplus. In clause (1)(B), the words ‘‘of the
grantee’’ are omitted as surplus. In clause (2), the
words ‘‘Administrator of General Services’’ are substituted for ‘‘[War Assets] Administrator’’ in section
13(g)(1) of the Surplus Property Act of 1944 (ch. 479, 58
Stat. 765) because of section 105 of the Federal Property
and Administrative Services Act of 1949 (ch. 288, 63
Stat. 381). The words ‘‘and decides the interest is not
best suited for industrial use’’ are substituted for ‘‘(exclusive of property the highest and best use of which is
determined by the Administrator of General Services
to be industrial and which shall be so classified for disposal without regard to the provisions of this subsection)’’ to eliminate unnecessary words.
Subsection (b) is substituted for 50 App.:1622b to
eliminate unnecessary words.
In subsection (c), the text of 50 App.:1622(g)(5) is omitted as obsolete because 50 App.:1621, 1622(f), and 1627(e)

Page 1074

were repealed by section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63
Stat. 399). The words ‘‘An interest in surplus property
that could be used at a public airport’’ are substituted
for ‘‘All surplus property within the purview of this
subsection’’ for clarity. The words ‘‘elsewhere in this
Act or other applicable’’ are omitted as surplus. The
word ‘‘law’’ is substituted for ‘‘Federal Statute’’ for
consistency in the revised title and with other titles of
the Code.
REFERENCES IN TEXT
Section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act, referred
to in subsec. (e), is section 201 of Pub. L. 100–526, which
is set out in a note under section 2687 of Title 10, Armed
Forces.
Section 2905 of the Defense Base Closure and Realignment Act of 1990, referred to in subsec. (e), is section
2905 of Pub. L. 101–510, which is set out in a note under
section 2687 of Title 10, Armed Forces.
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–181, § 135(d)(1)(A)(i), substituted ‘‘convey to’’ for ‘‘give’’ in introductory provisions.
Subsec. (a)(2). Pub. L. 106–181, § 135(d)(1)(A)(ii), substituted ‘‘conveyance’’ for ‘‘gift’’.
Subsec. (b). Pub. L. 106–181, § 135(d)(1)(B), substituted
‘‘conveying’’ for ‘‘giving’’ and ‘‘conveyance’’ for ‘‘gift’’.
Subsec. (c). Pub. L. 106–181, § 135(d)(1)(C), substituted
‘‘Conveyed’’ for ‘‘Given’’ in heading and ‘‘conveyed’’ for
‘‘given’’ in text.
Subsec. (d). Pub. L. 106–181, § 125(c), added subsec. (d).
Subsec. (e). Pub. L. 106–181, § 136, added subsec. (e).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
CONSTRUCTION OF 2000 AMENDMENT
Nothing in amendment by section 125(c) of Pub. L.
106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub.
L. 106–181, set out as a note under section 47107 of this
title.

§ 47152. Terms of conveyances
Except as provided in section 47153 of this
title, the following terms apply to a conveyance
of an interest in surplus property under this subchapter:
(1) A State, political subdivision of a State,
or tax-supported organization receiving the interest may use, lease, salvage, or dispose of
the interest for other than airport purposes
only after the Secretary of Transportation
gives written consent that the interest can be
used, leased, salvaged, or disposed of without
materially and adversely affecting the development, improvement, operation, or maintenance of the airport at which the property is
located.
(2) The interest shall be used and maintained
for public use and benefit without unreasonable discrimination.
(3) A right may not be vested in a person, excluding others in the same class from using
the airport at which the property is located—
(A) to conduct an aeronautical activity requiring the operation of aircraft; or
(B) to engage in selling or supplying aircraft, aircraft accessories, equipment, or

Page 1075

supplies (except gasoline and oil), or aircraft
services necessary to operate aircraft (including maintaining and repairing aircraft,
aircraft engines, propellers, and appliances).
(4) The State, political subdivision, or taxsupported organization accepting the interest
shall clear and protect the aerial approaches
to the airport by mitigating existing, and preventing future, airport hazards.
(5) During a national emergency declared by
the President or Congress, the United States
Government is entitled to use, control, or possess, without charge, any part of the public
airport at which the property is located. However, the Government shall—
(A) pay the entire cost of maintaining the
part of the airport it exclusively uses, controls, or possesses during the emergency;
(B) contribute a reasonable share, consistent with the Government’s use, of the cost of
maintaining the property it uses nonexclusively, or over which the Government has
nonexclusive control or possession, during
the emergency; and
(C) pay a fair rental for use, control, or
possession of improvements to the airport
made without Government assistance.
(6) The Government is entitled to the nonexclusive use, without charge, of the landing
area of an airport at which the property is located. The Secretary may limit the use of the
landing area if necessary to prevent unreasonable interference with use by other authorized
aircraft. However, the Government shall—
(A) contribute a reasonable share, consistent with the Government’s use, of the cost of
maintaining and operating the landing area;
and
(B) pay for damages caused by its use of
the landing area if its use of the landing
area is substantial.
(7) The State, political subdivision, or taxsupported organization accepting the interest
shall release the Government from all liability
for damages arising under an agreement that
provides for Government use of any part of an
airport owned, controlled, or operated by the
State, political subdivision, or tax-supported
organization on which, adjacent to which, or
in connection with which, the property is located.
(8) When a term under this section is not
satisfied, any part of the interest in the property reverts to the Government, at the option
of the Government, as the property then exists.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1279;
Pub. L. 106–181, title I, § 135(d)(2), Apr. 5, 2000, 114
Stat. 85.)
HISTORICAL AND REVISION NOTES
Revised
Section
47152 ..........

§ 47153

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1655(c)(1).

Source (Statutes at Large)
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)
50 App.:1622(g)(2).

Source (Statutes at Large)
Oct. 3, 1944, ch. 479, 58 Stat.
765, § 13(g)(2); added July
30, 1947, ch. 404, § 2, 61
Stat. 678; Oct. 1, 1949, ch.
589, § 1, 63 Stat. 700; Aug.
23, 1958, Pub. L. 85–726,
§ 1402(c), 72 Stat. 807.

In this section, before paragraph (1), the words ‘‘conditions, reservations, and restrictions’’ and ‘‘the authority of’’ are omitted as surplus. In paragraph (1), the
words ‘‘A State, political subdivision of a State, or taxsupported organization receiving the interest’’ are substituted for ‘‘grantee or transferee’’ for clarity. The
words ‘‘sold’’ and ‘‘disposed of under the authority of
this subsection’’ are omitted as surplus. In paragraph
(2), the words ‘‘transferred for airport purposes’’ are
omitted as surplus. In paragraph (3), before clause (A),
the words ‘‘For the purpose of this condition, an exclusive right is defined to mean’’ and ‘‘any exclusive right
to’’ are omitted because of the restatement. The words
‘‘exclusive’’ and ‘‘(either directly or indirectly)’’ are
omitted as surplus. The words ‘‘or persons’’ are omitted
because of 1:1. The words ‘‘disposed of’’ are omitted as
surplus. In clause (A), the word ‘‘particular’’ is omitted
as surplus. In paragraph (4), the words ‘‘removing, lowering, relocating, marking, or lighting or otherwise’’
and ‘‘the establishment or creation of’’ are omitted as
surplus. In paragraphs (5)–(7), the words ‘‘or used’’ are
omitted as surplus. In paragraph (5), before clause (A),
the words ‘‘exclusive or nonexclusive’’ and ‘‘as it may
desire’’ are omitted as surplus. In clause (A), the word
‘‘pay’’ is substituted for ‘‘be responsible for’’ to eliminate unnecessary words. The words ‘‘during the emergency’’ are substituted for ‘‘during the period of such
use, possession, or control’’ to eliminate unnecessary
words and for clarity. In clause (B), the words ‘‘be obligated to’’ are omitted as surplus. The words ‘‘during
the emergency’’ are added for clarity. In clause (C), the
words ‘‘exclusively or nonexclusively’’ are omitted as
surplus. In paragraph (6), before clause (A), the words
‘‘as may be determined at any time’’ are omitted as
surplus. In clause (B), the words ‘‘be obligated to’’ are
omitted as surplus. In paragraph (7), the words ‘‘The
State, political subdivision, or tax-supported organization accepting the interest’’ are substituted for ‘‘Any
public agency accepting a conveyance or transfer of
surplus property under the provisions of this subsection’’ to eliminate unnecessary words and for consistency in this section. The words ‘‘any and . . . it
may be under for restoration or other . . lease or
other’’ are omitted as surplus. The text of 50
App.:1622(g)(2)(G) (proviso) is omitted because 49
App.:1116 was repealed by section 52(a) of the Airport
and Airway Development Act of 1970 (Public Law
91–258, 84 Stat. 235). Paragraph (8) is substituted for 50
App.:1622(g)(2)(H) to eliminate unnecessary words.
AMENDMENTS
2000—Pub. L. 106–181 substituted ‘‘conveyances’’ for
‘‘gifts’’ in section catchline and ‘‘conveyance’’ for
‘‘gift’’ in introductory provisions.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 47153. Waiving and adding terms
(a) GENERAL AUTHORITY.—(1) The Secretary of
Transportation may waive, without charge, a
term of a conveyance of an interest in property
under this subchapter if the Secretary decides
that—
(A) the property no longer serves the purpose for which it was conveyed; or

§ 47171

TITLE 49—TRANSPORTATION

(B) the waiver will not prevent carrying out
the purpose for which the conveyance was
made and is necessary to advance the civil
aviation interests of the United States.
(2) The Secretary of Transportation shall
waive a term under paragraph (1) of this subsection on terms the Secretary considers necessary to protect or advance the civil aviation
interests of the United States.
(b) WAIVERS AND INCLUSION OF ADDITIONAL
TERMS ON REQUEST.—On request of the Secretary of Transportation or the Secretary of a
military department, a department, agency, or
instrumentality of the executive branch of the
United States Government or a wholly owned
Government corporation may waive a term required by section 47152 of this title or add another term if the appropriate Secretary decides
it is necessary to protect or advance the interests of the United States in civil aviation or for
national defense.
(c) PUBLIC NOTICE BEFORE WAIVER.—Notwithstanding subsections (a) and (b), before the Secretary may waive any term imposed under this
section that an interest in land be used for an
aeronautical purpose, the Secretary must provide notice to the public not less than 30 days
before waiving such term.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1280;
Pub. L. 106–181, title I, §§ 125(d), 135(d)(3), Apr. 5,
2000, 114 Stat. 76, 85.)
HISTORICAL AND REVISION NOTES
Revised
Section
47153(a) ......

Source (U.S. Code)
49 App.:1655(c)(1).

50 App.:1622c.

47153(b) ......

49 App.:1655(c)(1).
50 App.:1622(g)(3).

Source (Statutes at Large)
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Oct. 1, 1949, ch. 589, § 4, 63
Stat. 700; Aug. 23, 1958,
Pub. L. 85–726, § 1402(c), 72
Stat. 807.
Oct. 3, 1944, ch. 479, 58 Stat.
765, § 13(g)(3); added July
30, 1947, ch. 404, § 2, 61
Stat. 680; Aug. 23, 1958,
Pub. L. 85–726, § 1402(c), 72
Stat. 807.

In subsection (a), before clause (1), the words ‘‘Notwithstanding any other provision of law’’ and ‘‘further’’
are omitted as surplus. The word ‘‘waive’’ is substituted for ‘‘grant releases from’’ and ‘‘and to convey,
quitclaim, or release any right or interest reserved to
the United States by’’ to eliminate unnecessary words.
The words ‘‘a term of a gift of an interest in property
under this subchapter’’ are substituted for ‘‘any of the
terms, conditions, reservations, and restrictions contained in . . . any such instrument of disposal’’ for
clarity and consistency. In clause (1), the words ‘‘transferred by such instrument’’ are omitted as surplus. In
clause (2), the text of 50 App.:1622c (last proviso) is
omitted as executed. The words ‘‘protect or’’ are omitted as surplus.
In subsection (b), the words ‘‘In making any disposition of surplus property under this subsection’’ are
omitted as surplus. The words ‘‘Secretary of a military
department’’ are substituted for ‘‘the Secretary of the
Army, or the Secretary of the Navy’’ for consistency
with other titles of the United States Code and to
eliminate unnecessary words. The words ‘‘Secretary of
the Army’’ are substituted for ‘‘Secretary of War’’ in
section 13(g)(3) of the Surplus Property Act of 1944 (ch.
479, 58 Stat. 765) because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501). The
Secretary of the Air Force is included in ‘‘Secretary of

Page 1076

a military department’’ because of section 207(a) and (f)
of the National Security Act of 1947 (ch. 343, 61 Stat.
502, 503). The word ‘‘waive’’ is substituted for ‘‘omit
from the instrument of disposal’’ to eliminate unnecessary words and for consistency in this subchapter. The
words ‘‘conditions, reservations, and restrictions’’ are
omitted as surplus.
AMENDMENTS
2000—Subsec. (a)(1). Pub. L. 106–181, § 135(d)(3), substituted ‘‘conveyance’’ for ‘‘gift’’ in introductory provisions and subpar. (B) and ‘‘conveyed’’ for ‘‘given’’ in
subpar. (A).
Subsec. (c). Pub. L. 106–181, § 125(d), added subsec. (c).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
CONSTRUCTION OF 2000 AMENDMENT
Nothing in amendment by section 125(d) of Pub. L.
106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub.
L. 106–181, set out as a note under section 47107 of this
title.

SUBCHAPTER III—AVIATION
DEVELOPMENT STREAMLINING
§ 47171. Expedited, coordinated environmental
review process
(a) AVIATION PROJECT REVIEW PROCESS.—The
Secretary of Transportation shall develop and
implement an expedited and coordinated environmental review process for airport capacity
enhancement projects at congested airports,
aviation safety projects, and aviation security
projects that—
(1) provides for better coordination among
the Federal, regional, State, and local agencies concerned with the preparation of environmental impact statements or environmental assessments under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(2) provides that all environmental reviews,
analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for such a
project will be conducted concurrently, to the
maximum extent practicable; and
(3) provides that any environmental review,
analysis, opinion, permit, license, or approval
that must be issued or made by a Federal
agency or airport sponsor for such a project
will be completed within a time period established by the Secretary, in cooperation with
the agencies identified under subsection (d)
with respect to the project.
(b) AVIATION PROJECTS SUBJECT TO A STREAMENVIRONMENTAL REVIEW PROCESS.—
(1) AIRPORT CAPACITY ENHANCEMENT PROJECTS
AT CONGESTED AIRPORTS.—An airport capacity
enhancement project at a congested airport
shall be subject to the coordinated and expedited environmental review process requirements set forth in this section.
(2) AVIATION SAFETY AND AVIATION SECURITY
PROJECTS.—
(A) IN GENERAL.—The Administrator of the
Federal Aviation Administration may des-

LINED

Page 1077

TITLE 49—TRANSPORTATION

ignate an aviation safety project or aviation
security project for priority environmental
review. The Administrator may not delegate
this designation authority. A designated
project shall be subject to the coordinated
and expedited environmental review process
requirements set forth in this section.
(B) PROJECT DESIGNATION CRITERIA.—The
Administrator shall establish guidelines for
the designation of an aviation safety project
or aviation security project for priority environmental review. Such guidelines shall
provide for consideration of—
(i) the importance or urgency of the
project;
(ii) the potential for undertaking the environmental review under existing emergency procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.);
(iii) the need for cooperation and concurrent reviews by other Federal or State
agencies;
(iv) the prospect for undue delay if the
project is not designated for priority review; and
(v) for aviation security projects, the
views of the Department of Homeland Security.
(c) HIGH PRIORITY OF AND AGENCY PARTICIPACOORDINATED REVIEWS.—
(1) HIGH PRIORITY FOR ENVIRONMENTAL REVIEWS.—Each Federal agency with jurisdiction
over an environmental review, analysis, opinion, permit, license, or approval shall accord
any such review, analysis, opinion, permit, license, or approval involving an airport capacity enhancement project at a congested airport or a project designated under subsection
(b)(2) the highest possible priority and conduct
the review, analysis, opinion, permit, license,
or approval expeditiously.
(2) AGENCY PARTICIPATION.—Each Federal
agency described in subsection (d) shall formulate and implement administrative, policy,
and procedural mechanisms to enable the
agency to participate in the coordinated environmental review process under this section
and to ensure completion of environmental reviews, analyses, opinions, permits, licenses,
and approvals described in subsection (a) in a
timely and environmentally responsible manner.

TION IN

(d) IDENTIFICATION OF JURISDICTIONAL AGENCIES.—With respect to each airport capacity enhancement project at a congested airport or a
project designated under subsection (b)(2), the
Secretary shall identify, as soon as practicable,
all Federal and State agencies that may have jurisdiction over environmental-related matters
that may be affected by the project or may be
required by law to conduct an environmental-related review or analysis of the project or determine whether to issue an environmental-related
permit, license, or approval for the project.
(e) STATE AUTHORITY.—Under a coordinated review process being implemented under this section by the Secretary with respect to a project
at an airport within the boundaries of a State,
the Governor of the State, consistent with State

§ 47171

law, may choose to participate in such process
and provide that all State agencies that have jurisdiction over environmental-related matters
that may be affected by the project or may be
required by law to conduct an environmental-related review or analysis of the project or determine whether to issue an environmental-related
permit, license, or approval for the project, be
subject to the process.
(f) MEMORANDUM OF UNDERSTANDING.—The
coordinated review process developed under this
section may be incorporated into a memorandum of understanding for a project between the
Secretary and the heads of other Federal and
State agencies identified under subsection (d)
with respect to the project and, if applicable,
the airport sponsor.
(g) USE OF INTERAGENCY ENVIRONMENTAL IMPACT STATEMENT TEAMS.—
(1) IN GENERAL.—The Secretary may utilize
an interagency environmental impact statement team to expedite and coordinate the
coordinated environmental review process for
a project under this section. When utilizing an
interagency environmental impact statement
team, the Secretary shall invite Federal,
State and Tribal agencies with jurisdiction by
law, and may invite such agencies with special
expertise, to participate on an interagency environmental impact statement team.
(2) RESPONSIBILITY OF INTERAGENCY ENVIRONMENTAL IMPACT STATEMENT TEAM.—Under a
coordinated environmental review process
being implemented under this section, the
interagency environmental impact statement
team shall assist the Federal Aviation Administration in the preparation of the environmental impact statement. To facilitate timely
and efficient environmental review, the team
shall agree on agency or Tribal points of contact, protocols for communication among
agencies, and deadlines for necessary actions
by each individual agency (including the review of environmental analyses, the conduct
of required consultation and coordination, and
the issuance of environmental opinions, licenses, permits, and approvals). The members
of the team may formalize their agreement in
a written memorandum.
(h) LEAD AGENCY RESPONSIBILITY.—The Federal Aviation Administration shall be the lead
agency for projects designated under subsection
(b)(2) and airport capacity enhancement projects
at congested airports and shall be responsible
for defining the scope and content of the environmental impact statement, consistent with
regulations issued by the Council on Environmental Quality. Any other Federal agency or
State agency that is participating in a coordinated environmental review process under this
section shall give substantial deference, to the
extent consistent with applicable law and policy, to the aviation expertise of the Federal
Aviation Administration.
(i) EFFECT OF FAILURE TO MEET DEADLINE.—
(1) NOTIFICATION OF CONGRESS AND CEQ.— If
the Secretary determines that a Federal agency, State agency, or airport sponsor that is
participating in a coordinated review process
under this section with respect to a project
has not met a deadline established under sub-

§ 47172

TITLE 49—TRANSPORTATION

section (a)(3) for the project, the Secretary
shall notify, within 30 days of the date of such
determination, the Committee on Commerce,
Science, and Transportation of the Senate, the
Committee on Transportation and Infrastructure of the House of Representatives, the
Council on Environmental Quality, and the
agency or sponsor involved about the failure
to meet the deadline.
(2) AGENCY REPORT.—Not later than 30 days
after date of receipt of a notice under paragraph (1), the agency or sponsor involved shall
submit a report to the Secretary, the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee
on Commerce, Science, and Transportation of
the Senate, and the Council on Environmental
Quality explaining why the agency or sponsor
did not meet the deadline and what actions it
intends to take to complete or issue the required review, analysis, opinion, permit, license, or approval.
(j) PURPOSE AND NEED.—For any environmental review, analysis, opinion, permit, license, or approval that must be issued or made
by a Federal or State agency that is participating in a coordinated review process under this
section and that requires an analysis of purpose
and need for the project, the agency, notwithstanding any other provision of law, shall be
bound by the project purpose and need as defined by the Secretary.
(k) ALTERNATIVES ANALYSIS.—The Secretary
shall determine the reasonable alternatives to
an airport capacity enhancement project at a
congested airport or a project designated under
subsection (b)(2). Any other Federal agency, or
State agency that is participating in a coordinated review process under this section with respect to the project shall consider only those alternatives to the project that the Secretary has
determined are reasonable.
(l) SOLICITATION AND CONSIDERATION OF COMMENTS.—In applying subsections (j) and (k), the
Secretary shall solicit and consider comments
from interested persons and governmental entities in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4371 1 et
seq.).
(m) MONITORING BY TASK FORCE.—The Transportation Infrastructure Streamlining Task
Force, established by Executive Order 13274 (67
Fed. Reg. 59449; relating to environmental stewardship
and
transportation
infrastructure
project reviews), may monitor airport projects
that are subject to the coordinated review process under this section.
(Added Pub. L. 108–176, title III, § 304(a), Dec. 12,
2003, 117 Stat. 2534.)
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (b)(2)(B)(ii), and (l), is Pub.
L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 (§ 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 4321 of Title 42 and Tables.
Executive Order No. 13274, referred to in subsec. (m),
is set out as a note under section 301 of this title.
1 So

in original. Probably should be ‘‘4321’’.

Page 1078
EFFECTIVE DATE

Subchapter applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out an Effective Date of 2003 Amendment note under section 106 of
this title.
FINDINGS
Pub. L. 108–176, title III, § 302, Dec. 12, 2003, 117 Stat.
2533, provided that: ‘‘Congress finds that—
‘‘(1) airports play a major role in interstate and foreign commerce;
‘‘(2) congestion and delays at our Nation’s major
airports have a significant negative impact on our
Nation’s economy;
‘‘(3) airport capacity enhancement projects at congested airports are a national priority and should be
constructed on an expedited basis;
‘‘(4) airport capacity enhancement projects must
include an environmental review process that provides local citizenry an opportunity for consideration
of and appropriate action to address environmental
concerns; and
‘‘(5) the Federal Aviation Administration, airport
authorities, communities, and other Federal, State,
and local government agencies must work together to
develop a plan, set and honor milestones and deadlines, and work to protect the environment while sustaining the economic vitality that will result from
the continued growth of aviation.’’
LIMITATIONS
Pub. L. 108–176, title III, § 308, Dec. 12, 2003, 117 Stat.
2539, provided that: ‘‘Nothing in this subtitle [subtitle
A (§§ 301–309) of title III of Pub. L. 108–176, enacting this
subchapter, amending sections 40104, 47106, and 47504 of
this title, and enacting provisions set out as notes
under this section], including any amendment made by
this title [enacting this subchapter and amending sections 40104, 40128, 47106, 47503, and 47504 of this title],
shall preempt or interfere with—
‘‘(1) any practice of seeking public comment;
‘‘(2) any power, jurisdiction, or authority that a
State agency or an airport sponsor has with respect
to carrying out an airport capacity enhancement
project; and
‘‘(3) any obligation to comply with the provisions of
the National Environmental Policy Act of 1969 (42
U.S.C. 4371 [4321] et seq.) and the regulations issued
by the Council on Environmental Quality to carry
out such Act.’’
RELATIONSHIP TO OTHER REQUIREMENTS
Pub. L. 108–176, title III, § 309, Dec. 12, 2003, 117 Stat.
2540, provided that: ‘‘The coordinated review process required under the amendments made by this subtitle
[enacting this subchapter and amending sections 40104,
47106, and 47504 of this title] shall apply to an airport
capacity enhancement project at a congested airport
whether or not the project is designated by the Secretary of Transportation as a high-priority transportation infrastructure project under Executive Order
13274 [49 U.S.C. 301 note] (67 Fed. Reg. 59449; relating to
environmental stewardship and transportation infrastructure project reviews).’’

§ 47172. Air traffic procedures for airport capacity enhancement projects at congested airports
(a) IN GENERAL.—The Administrator of the
Federal Aviation Administration may consider
prescribing flight procedures to avoid or minimize potentially significant adverse noise impacts of an airport capacity enhancement
project at a congested airport that involves the
construction of new runways or the reconfiguration of existing runways during the environ-

Page 1079

TITLE 49—TRANSPORTATION

mental planning process for the project. If the
Administrator determines that noise mitigation
flight procedures are consistent with safe and efficient use of the navigable airspace, the Administrator may commit, at the request of the airport sponsor and in a manner consistent with
applicable Federal law, to prescribing such procedures in any record of decision approving the
project.
(b) MODIFICATION.—Notwithstanding any commitment by the Administrator under subsection
(a), the Administrator may initiate changes to
such procedures if necessary to maintain safety
and efficiency in light of new information or
changed circumstances.
(Added Pub. L. 108–176, title III, § 304(a), Dec. 12,
2003, 117 Stat. 2537.)
§ 47173. Airport funding of FAA staff
(a)
ACCEPTANCE
OF
SPONSOR-PROVIDED
FUNDS.—Notwithstanding any other provision of
law, the Administrator of the Federal Aviation
Administration may accept funds from an airport sponsor, including funds provided to the
sponsor under section 47114(c), to hire additional
staff or obtain the services of consultants in
order to facilitate the timely processing, review,
and completion of environmental activities associated with an airport development project.
(b) ADMINISTRATIVE PROVISION.—Instead of
payment from an airport sponsor from funds apportioned to the sponsor under section 47114, the
Administrator, with agreement of the sponsor,
may transfer funds that would otherwise be apportioned to the sponsor under section 47114 to
the account used by the Administrator for activities described in subsection (a).
(c) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Notwithstanding section 3302 of title 31,
any funds accepted under this section, except
funds transferred pursuant to subsection (b)—
(1) shall be credited as offsetting collections
to the account that finances the activities and
services for which the funds are accepted;
(2) shall be available for expenditure only to
pay the costs of activities and services for
which the funds are accepted; and
(3) shall remain available until expended.
(d) MAINTENANCE OF EFFORT.—No funds may be
accepted pursuant to subsection (a), or transferred pursuant to subsection (b), in any fiscal
year in which the Federal Aviation Administration does not allocate at least the amount it expended in fiscal year 2002 (excluding amounts accepted pursuant to section 337 of the Department of Transportation and Related Agencies
Appropriations Act, 2002 (115 Stat. 862)) for the
activities described in subsection (a).
(Added Pub. L. 108–176, title III, § 304(a), Dec. 12,
2003, 117 Stat. 2537.)
REFERENCES IN TEXT
Section 337 of the Department of Transportation and
Related Agencies Appropriations Act, 2002, referred to
in subsec. (d), is section 337 of Pub. L. 107–87, Dec. 18,
2001, 115 Stat. 862, which is not classified to the Code.

§ 47175

thorized to be appropriated to the Secretary of
Transportation, out of the Airport and Airway
Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502),
$4,200,000 for fiscal year 2004 and for each fiscal
year thereafter to facilitate the timely processing, review, and completion of environmental
activities associated with airport capacity enhancement projects at congested airports.
(Added Pub. L. 108–176, title III, § 304(a), Dec. 12,
2003, 117 Stat. 2538.)
§ 47175. Definitions
In this subchapter, the following definitions
apply:
(1) AIRPORT SPONSOR.—The term ‘‘airport
sponsor’’ has the meaning given the term
‘‘sponsor’’ under section 47102.
(2) CONGESTED AIRPORT.—The term ‘‘congested airport’’ means an airport that accounted for at least 1 percent of all delayed
aircraft operations in the United States in the
most recent year for which such data is available and an airport listed in table 1 of the Federal Aviation Administration’s Airport Capacity Benchmark Report 2001.
CAPACITY
ENHANCEMENT
(3)
AIRPORT
PROJECT.—The term ‘‘airport capacity enhancement project’’ means—
(A) a project for construction or extension
of a runway, including any land acquisition,
taxiway, or safety area associated with the
runway or runway extension; and
(B) such other airport development
projects as the Secretary may designate as
facilitating a reduction in air traffic congestion and delays.
(4) AVIATION SAFETY PROJECT.—The term
‘‘aviation safety project’’ means an aviation
project that—
(A) has as its primary purpose reducing
the risk of injury to persons or damage to
aircraft and property, as determined by the
Administrator; and
(B)(i) is needed to respond to a recommendation from the National Transportation Safety Board, as determined by the
Administrator; or
(ii) is necessary for an airport to comply
with part 139 of title 14, Code of Federal Regulations (relating to airport certification).
(5) AVIATION SECURITY PROJECT.—The term
‘‘aviation security project’’ means a security
project at an airport required by the Department of Homeland Security.
(6) FEDERAL AGENCY.—The term ‘‘Federal
agency’’ means a department or agency of the
United States Government.
(Added Pub. L. 108–176, title III, § 304(a), Dec. 12,
2003, 117 Stat. 2538.)
CHAPTER 473—INTERNATIONAL AIRPORT
FACILITIES
Sec.

§ 47174. Authorization of appropriations

47301.
47302.

In addition to the amounts authorized to be
appropriated under section 106(k), there is au-

47303.
47304.

Definitions.
Providing airport and airway property in foreign territories.
Training foreign citizens.
Transfer of airport and airway property.

§ 47301

TITLE 49—TRANSPORTATION

Sec.

47305.
47306.

Administrative.
Criminal penalty.

§ 47301. Definitions
In this chapter—
(1) ‘‘airport property’’ means an interest in
property used or useful in operating and maintaining an airport.
(2) ‘‘airway property’’ means an interest in
property used or useful in operating and maintaining a ground installation, facility, or
equipment desirable for the orderly and safe
operation of air traffic, including air navigation, air traffic control, airway communication, and meteorological facilities.
(3) ‘‘foreign territory’’ means an area—
(A) over which no government or a government of a foreign country has sovereignty;
(B) temporarily under military occupation
by the United States Government; or
(C) occupied or administered by the Government or a government of a foreign country under an international agreement.
(4) ‘‘territory outside the continental United
States’’ means territory outside the 48 contiguous States and the District of Columbia.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1280.)

sideration of objectives of the International
Civil Aviation Organization—
(1) the Secretary of Transportation may acquire, establish, and construct airport property and airway property (except meteorological facilities) in foreign territory; and
(2) the Secretary of Commerce may acquire,
establish, and construct meteorological facilities in foreign territory.
(b) SPECIFIC APPROPRIATIONS REQUIRED.—Except for airport property transferred under section 47304(b) of this title, an airport (as defined
in section 40102(a) of this title) may be acquired,
established, or constructed under subsection (a)
of this section only if amounts have been appropriated specifically for the airport.
(c) ACCEPTING FOREIGN PAYMENTS.—The Secretary of Transportation or Commerce, as appropriate, may accept payment from a government of a foreign country or international organization for facilities or services sold or provided the government or organization under this
chapter. The amount received may be credited
to the appropriation current when the expenditures are or were paid, the appropriation current
when the amount is received, or both.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1281.)
HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47301(1)–(3)

49 App.:1151.

47301(4) ......

(no source).

Source (Statutes at Large)
June 16, 1948, ch. 473, § 2, 62
Stat. 450; Aug. 23, 1958,
Pub. L. 85–726, § 1403, 72
Stat. 808.

In this section, the words ‘‘the purposes of’’ and ‘‘The
term’’ are omitted as surplus.
In clauses (1) and (2), the words ‘‘real or personal’’,
‘‘directly or indirectly’’, ‘‘administration’’, and ‘‘(including parts and components thereof)’’ are omitted as
surplus.
In clause (1), the words ‘‘including . . . (1) land; (2)
runways, strips, taxiways, and parking aprons; (3)
buildings, structures, improvements, and facilities,
whether or not used in connection with the landing and
take-off of aircraft; and (4) equipment . . . furniture,
vehicles, and supplies’’ are omitted as being included in
‘‘an interest in property’’.
In clause (2), the words ‘‘necessary or’’ are omitted as
surplus.
In clause (3), before subclause (A), the words ‘‘of land
or water’’ are omitted as surplus. In subclause (A), the
words ‘‘no government or a government of a foreign
country’’ are substituted for ‘‘no nation or a nation
other than the United States’’ for consistency in the
revised title and with other titles of the United States
Code. The words ‘‘(including territory of undetermined
sovereignty and the high seas)’’ are omitted as surplus.
In subclause (C), the words ‘‘government of a foreign
country’’ are substituted for ‘‘other nation’’ for consistency in the revised title and with other titles of the
Code.
Clause (4) is derived from the source provisions of the
chapter and is included to avoid repeating the phrase
‘‘territory (including Alaska) outside the continental
limits of the United States’’.

§ 47302. Providing airport and airway property
in foreign territories
(a) GENERAL AUTHORITY.—Subject to the concurrence of the Secretary of State and the con-

Page 1080

Revised
Section
47302(a), (b)

Source (U.S. Code)
49 App.:1152.

49 App.:1655(c)(1).

47302(c) ......

49 App.:1154.

Source (Statutes at Large)
June 16, 1948, ch. 473, § 3, 62
Stat. 451; Aug. 23, 1958,
Pub. L. 85–726, § 1403, 72
Stat. 808.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
June 16, 1948, ch. 473, § 5, 62
Stat. 451.

49 App.:1655(c)(1).

In this chapter, the words ‘‘government of a foreign
country’’ are substituted for ‘‘foreign government’’ for
consistency in the revised title and with other titles of
the United States Code.
In this section, the title ‘‘Secretary of Commerce’’ is
substituted for ‘‘Chief of the Weather Bureau of the Department of Commerce’’ in section 3, and ‘‘Chief of the
Weather Bureau’’ in section 5, of the International
Aviation Facilities Act (ch. 473, 62 Stat. 451) because of
sections 1 and 2 of Reorganization Plan No. 2 of 1965
(eff. July 13, 1965, 79 Stat. 1318).
In subsection (a), the words ‘‘by contract or otherwise’’ are omitted as surplus. The words ‘‘airport property and airway property (except meteorological facilities)’’ and ‘‘meteorological facilities’’ are substituted
for ‘‘within their respective fields’’ for clarity.
In subsection (b), the words ‘‘for the airport’’ are substituted for ‘‘for such purpose’’ for clarity. The words
‘‘by the Congress’’ are omitted as surplus.
In subsection (c), the words ‘‘on behalf of the United
States’’ are omitted as surplus. The words ‘‘sold or provided’’ are substituted for ‘‘supplied or . . . performed’’
for consistency in this chapter. The words ‘‘by the Secretary of Transportation or the Secretary of Commerce, either directly or indirectly’’ and ‘‘the authority of’’ are omitted as surplus. The words ‘‘or the Civil
Aeronautics Act of 1938, as amended’’ are omitted as
obsolete because the Act was repealed by section 1401(b)
of the Federal Aviation Act of 1958 (Public Law 85–726,
72 Stat. 806). The words ‘‘including the operation of airport property and airway property in such countries,
the training of foreign nationals, the rendering of technical assistance and advice to such countries, and the

Page 1081

performance of other similar services’’ are omitted as
being included in ‘‘facilities or services sold or provided’’. The words ‘‘or both’’ are substituted for ‘‘or (C)
in part as provided under clause (A) and in part as provided under clause (B)’’ to eliminate unnecessary
words.

§ 47303. Training foreign citizens
Subject to the concurrence of the Secretary of
State, the Secretary of Transportation or Commerce, as appropriate, may train a foreign citizen in a subject related to aeronautics and essential to the orderly and safe operation of civil
aircraft. The training may be provided—
(1) directly by the appropriate Secretary or
jointly with another department, agency, or
instrumentality of the United States Government;
(2) through a public or private agency of the
United States (including a State or municipal
educational institution); or
(3) through an international organization.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1281.)
HISTORICAL AND REVISION NOTES
Revised
Section
47303 ..........

§ 47304

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1153.
49 App.:1655(c)(1).

Source (Statutes at Large)
June 16, 1948, ch. 473, § 4, 62
Stat. 451.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

In this section, before clause (1), the title ‘‘Secretary
of Commerce’’ is substituted for ‘‘Chief of the Weather
Bureau’’ in section 4 of the International Aviation Facilities Act (ch. 473, 62 Stat. 451) because of sections 1
and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13,
1965, 79 Stat. 1318). The words ‘‘within or outside the
United States’’ are omitted as surplus. The word ‘‘citizen’’ is substituted for ‘‘nationals’’ as being more appropriate. In clause (1), the word ‘‘jointly’’ is substituted for ‘‘or in conjunction’’ to eliminate unnecessary words. The words ‘‘department, agency, or instrumentality of the United States Government’’ are substituted for ‘‘United States Government agency’’ for
consistency in the revised title and with other titles of
the United States Code.

§ 47304. Transfer of airport and airway property
(a) GENERAL AUTHORITY.—When requested by
the government of a foreign country or an international organization, the Secretary of Transportation or Commerce, as appropriate, may
transfer to the government or organization airport property and airway property operated and
maintained under this chapter by the appropriate Secretary in foreign territory. The transfer shall be on terms the appropriate Secretary
considers proper, including consideration agreed
on through negotiations with the government or
organization.
(b) PROPERTY INSTALLED OR CONTROLLED BY
MILITARY.—Subject to terms to which the parties agree, the Secretary of a military department may transfer without charge to the Secretary of Transportation airport property and
airway property (except meteorological facilities), and to the Secretary of Commerce meteorological facilities, that the Secretary of the
military department installed or controls in territory outside the continental United States.

The transfer may be made if consistent with the
needs of national defense and—
(1) the Secretary of the military department
finds that the property or facility is no longer
required exclusively for military purposes; and
(2) the Secretary of Transportation or Commerce, as appropriate, decides that the transfer is or may be necessary to carry out this
chapter.
(c) REPUBLIC OF PANAMA.—(1) The Secretary of
Transportation may provide, operate, and maintain facilities and services for air navigation,
airway communications, and air traffic control
in the Republic of Panama subject to—
(A) the approval of the Secretary of Defense;
and
(B) each obligation assumed by the United
States Government under an agreement between the Government and the Republic of
Panama.
(2) The Secretary of a military department
may transfer without charge to the Secretary of
Transportation property located in the Republic
of Panama when the Secretary of Transportation decides that the transfer may be useful in
carrying out this chapter.
(3) Subsection (b) of this section (related to
the Secretary of Transportation) and section
47302(a) and (b) of this title do not apply in carrying out this subsection.
(d) RETAKING PROPERTY FOR MILITARY REQUIREMENT.—(1) When necessary for a military
requirement, the Secretary of a military department immediately may retake property (with
any improvements to it) transferred by the Secretary under subsection (b) or (c) of this section.
The Secretary shall pay reasonable compensation to each person (or its successor in interest)
that made an improvement to the property that
was not made at the expense of the Government.
The Secretary or a delegate of the Secretary
shall decide on the amount of compensation.
(2) On the recommendation of the Secretary of
Transportation or Commerce, as appropriate,
the Secretary of a military department may decide not to act under paragraph (1) of this subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1281.)
HISTORICAL AND REVISION NOTES
Revised
Section
47304(a) ......

Source (U.S. Code)
49 App.:1155.

49 App.:1655(c)(1).

47304(b) ......
47304(c)(1) ..
47304(c)(2) ..
47304(c)(3) ..
47304(d) ......

49
49
49
49
49
49
49
49
49

App.:1157(a), (b).
App.:1655(c)(1).
App.:1156(a), (b).
App.:1655(c)(1).
App.:1156(c).
App.:1655(c)(1).
App.:1156(d).
App.:1158.
App.:1655(c)(1).

Source (Statutes at Large)
June 16, 1948, ch. 473, §§ 6,
8(a), (b), 62 Stat. 452; Aug.
23, 1958, Pub. L. 85–726,
§ 1403, 72 Stat. 808.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
June 16, 1948, ch. 473, §§ 7, 9,
62 Stat. 452, 453.

In this section, the title ‘‘Secretary of Commerce’’ is
substituted for ‘‘Chief of the Weather Bureau’’ in sections 6, 8, and 9 of the International Aviation Facilities
Act (ch. 473, 62 Stat. 452) because of sections 1 and 2 of

§ 47305

TITLE 49—TRANSPORTATION

Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79
Stat. 1318).
In subsection (a), the words ‘‘including consideration
agreed on’’ are substituted for ‘‘including provision for
receiving, on behalf of the United States, such payment
or other consideration for the property so transferred
as may be agreed upon’’ to eliminate unnecessary
words.
In subsections (b) and (c), the words ‘‘Secretary of a
military department’’ are substituted for ‘‘National
Military Establishment’’ (subsequently changed to ‘‘department of the Department of Defense’’ because of section 12(a) of the National Security Act Amendments of
1949 (ch. 412, 63 Stat. 591)) because of 5:102 and 10:101.
In subsection (b), before clause (1), the words ‘‘if any,
as may be . . . in specific cases’’, ‘‘at its discretion’’,
and ‘‘therefor’’ are omitted as surplus. The word ‘‘except’’ is substituted for ‘‘exclusive of’’ for consistency
in this chapter. The word ‘‘controls’’ is substituted for
‘‘in the possession of’’ for clarity. The word ‘‘considered’’ is omitted as surplus. In clause (2), the words
‘‘the purposes of’’ are omitted as surplus.
In subsection (c), reference to the Canal Zone is omitted because of the Panama Canal Treaty of 1977.
In subsection (c)(1), before clause (A), the words ‘‘and
to do all things necessary in connection with the’’ are
omitted as surplus. The word ‘‘airway’’ is added for
consistency in this chapter. In clause (B), the words
‘‘treaty, convention, or’’ are omitted as surplus.
In subsection (c)(2), the words ‘‘in its discretion’’,
‘‘therefor’’, ‘‘airport property or airway property or
other real or personal’’, and ‘‘the purposes of’’ are
omitted as surplus.
In subsection (d)(1), the words ‘‘as determined by the
Secretary of the department which made the transfer’’
are omitted as surplus. The words ‘‘(with any improvements to it)’’ are substituted for ‘‘together with any
improvements or additions made thereto’’ to eliminate
unnecessary words. The words ‘‘or persons’’ are omitted
because of 1:1.
In subsection (d)(2), the words ‘‘decide not to act’’ are
substituted for ‘‘in any case . . . waive any right or
privilege conferred or reserved’’ to eliminate unnecessary words.

§ 47305. Administrative
(a) GENERAL AUTHORITY.—The Secretary of
Transportation shall consolidate, operate, protect, maintain, and improve airport property
and airway property (except meteorological facilities), and the Secretary of Commerce may
consolidate, operate, protect, maintain, and improve meteorological facilities, that the appropriate Secretary has acquired and that are located in territory outside the continental
United States. In carrying out this section, the
appropriate Secretary may—
(1) adapt the property or facility to the
needs of civil aeronautics;
(2) lease the property or facility for not
more than 20 years;
(3) make a contract, or provide directly, for
facilities and services;
(4) make reasonable charges for aeronautical
services; and
(5) acquire an interest in property.
(b) CREDITING APPROPRIATIONS.—Money received from the direct sale or charge that the
Secretary of Transportation or Commerce, as
appropriate, decides is equivalent to the cost of
facilities and services sold or provided under
subsection (a)(3) and (4) of this section is credited to the appropriation from which the cost
was paid. The balance shall be deposited in the
Treasury as miscellaneous receipts.

Page 1082

(c) USING OTHER GOVERNMENT FACILITIES AND
SERVICES.—To carry out this chapter and to use
personnel and facilities of the United States
Government most advantageously and without
unnecessary duplication, the Secretary of
Transportation or Commerce, as appropriate,
shall request, when practicable, to use a facility
or service of an appropriate department, agency,
or instrumentality of the Government on a
reimbursable basis. A department, agency, or instrumentality receiving a request under this
section may provide the facility or service.
(d) ADVERTISING NOT REQUIRED.—Section 3709
of the Revised Statutes (41 U.S.C. 5) does not
apply to a lease or contract made by the Secretary of Transportation or Commerce under
this chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1282.)
HISTORICAL AND REVISION NOTES
Revised
Section
47305(a) ......

Source (U.S. Code)
49 App.:1159(a) (1st
sentence), (b).
49 App.:1655(c)(1).

47305(b) ......
47305(c) ......

47305(d) ......

49 App.:1159(c).
49 App.:1655(c)(1).
49 App.:1160.

Source (Statutes at Large)
June 16, 1948, ch. 473, § 10(a)
(1st sentence), (b)–(d), 62
Stat. 453, 454.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
June 16, 1948, ch. 473, § 12, 62
Stat. 454; Aug. 23, 1958,
Pub. L. 85–726, § 1403, 72
Stat. 808; Jan. 3, 1975, Pub.
L. 93–623, § 3, 88 Stat. 2103.

49 App.:1655(c)(1).
49 App.:1159(d).
49 App.:1655(c)(1).

In this section, the title ‘‘Secretary of Commerce’’ is
substituted for ‘‘Chief of the Weather Bureau’’ in section 10(b)–(d), and for ‘‘Chief of the Weather Bureau’’
and ‘‘Weather Bureau’’ in section 12, of the International Aviation Facilities Act (ch. 473, 62 Stat. 454)
because of sections 1 and 2 of Reorganization Plan No.
2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).
In subsection (a), before clause (1), the words ‘‘do and
perform, by contract or otherwise, all acts and things
necessary or incident to’’ and ‘‘pursuant to this chapter
or any other provision of law’’ are omitted as surplus.
In clause (1), the words ‘‘from time to time’’ and ‘‘by
construction, installation, reengineering, relocation, or
otherwise’’ are omitted as surplus. The text of 49
App.:1159(a)(2) is omitted as surplus because of 49:322(a).
In clause (2), the words ‘‘under such conditions as he
may deem proper’’ and ‘‘space or’’ are omitted as surplus. The words ‘‘for not more than 20 years’’ are substituted for ‘‘and for such periods as may be desirable
(not to exceed twenty years)’’ to eliminate unnecessary
words. The words ‘‘for purposes essential or appropriate
to their consolidation, operation, protection, and administration under this chapter’’ are omitted as surplus. In clause (3), the words ‘‘the sale of fuel, oil,
equipment, food and supplies, hotel accommodations,
and other’’ and ‘‘necessary or desirable for the operation and administration of such properties’’ are omitted as surplus. In clause (4), the word ‘‘reasonable’’ is
substituted for ‘‘just and reasonable’’ for consistency in
the revised title and with other titles of the United
States Code. The words ‘‘(including but not limited to
landing fees and fees for the use of communication
services)’’ are omitted as surplus. In clause (5), the
words ‘‘by purchase or otherwise, real or personal’’ and
‘‘which he may consider necessary for the purposes of
this section’’ are omitted as surplus.
In subsection (b), the words ‘‘including handling
charges’’ are omitted as surplus. The words ‘‘facilities
and services sold or provided’’ are substituted for ‘‘of

Page 1083

§ 47501

TITLE 49—TRANSPORTATION

the fuel, oil, equipment, food, supplies, services, shelter, or other assistance or services sold or furnished’’
for consistency and to eliminate unnecessary words.
The words ‘‘under subsection (a)(3) and (4) of this section’’ are added for clarity. The words ‘‘if any’’ are
omitted as surplus. The words ‘‘deposited in the Treasury as’’ are substituted for ‘‘credited to’’ for clarity
and consistency in the revised title and with other
titles of the Code.
In subsection (c), the words ‘‘use personnel and facilities of the United States Government most advantageously and without unnecessary duplication’’ are
substituted for ‘‘to the end that personnel and facilities
of existing United States Government agencies shall be
utilized to the fullest possible advantage and not be unnecessarily duplicated’’ to eliminate unnecessary
words. The word ‘‘request’’ is substituted for ‘‘arrange
for’’ for clarity. The words ‘‘department, agency, or instrumentality of the Government’’ are substituted for
‘‘other United States Government agencies’’ for consistency in the revised title and with other titles of the
Code. The words ‘‘on a reimbursable basis’’ are substituted for ‘‘and to reimburse any such agency for
such service out of funds appropriated to the Department of Transportation or the Department of Commerce, as the case may be’’ to eliminate unnecessary
words.
ANNETTE ISLAND AIRPORT, ALASKA; RENEWAL OF
LEASE
Act May 9, 1956, ch. 241, 70 Stat. 146, provided: ‘‘That
the Congress of the United States hereby approves the
extension, from year to year, until June 30, 1999, of a
lease of certain land comprising part of Annette Island,
Alaska, for use by the Civil Aeronautics Administration [now the Federal Aviation Administration] as an
airport, entered into by the United States of America
and the Council of the Annette Island Reserve on December 13, 1948, section 5 of which lease provides that
no renewal thereof shall extend beyond June 30, 1959,
unless approved by Congress.’’

§ 47306. Criminal penalty
A person that knowingly and willfully violates
a regulation prescribed by the Secretary of
Transportation to carry out this chapter shall
be fined under title 18, imprisoned for not more
than 6 months, or both.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1283.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

47306 ..........

49 App.:1159(a) (last
sentence).

June 16, 1948, ch. 473, § 10(a)
(last sentence), 62 Stat.
454.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1655(c)(1).

Sec.

47503.
47504.
47505.
47506.
47507.

Noise exposure maps.
Noise compatibility programs.
Airport noise compatibility planning grants.
Limitations on recovering damages for noise.
Nonadmissibility of noise exposure map and
related information as evidence.
47508.
Noise standards for air carriers and foreign
air carriers providing foreign air transportation.
47509.
Research program on quiet aircraft technology for propeller and rotor driven aircraft.
47510.
Tradeoff allowance.
SUBCHAPTER II—NATIONAL AVIATION NOISE
POLICY
47521.
47522.
47523.
47524.
47525.
47526.
47527.
47528.
47529.
47530.
47531.
47532.
47533.

Findings.
Definitions.
National aviation noise policy.
Airport noise and access restriction review
program.
Decision about airport noise and access restrictions on certain stage 2 aircraft.
Limitations for noncomplying airport noise
and access restrictions.
Liability of the United States Government
for noise damages.
Prohibition on operating certain aircraft not
complying with stage 3 noise levels.
Nonaddition rule.
Nonapplication of sections 47528(a)–(d) and
47529 to aircraft outside the 48 contiguous
States.
Penalties for violating sections 47528–47530.
Judicial review.
Relationship to other laws.
AMENDMENTS

1994—Pub. L. 103–429, § 6(72)(B), Oct. 31, 1994, 108 Stat.
4388, added item 47510.
Pub. L. 103–305, title III, § 308(b), Aug. 23, 1994, 108
Stat. 1594, added item 47509.

SUBCHAPTER I—NOISE ABATEMENT
§ 47501. Definitions
In this subchapter—
(1) ‘‘airport’’ means a public-use airport as
defined in section 47102 of this title.
(2) ‘‘airport operator’’ means—
(A) for an airport serving air carriers that
have certificates from the Secretary of
Transportation, any person holding an airport operating certificate issued under section 44706 of this title; and
(B) for any other airport, the person operating the airport.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1284.)
HISTORICAL AND REVISION NOTES

The word ‘‘prescribed’’ is substituted for ‘‘issued’’ for
consistency in the revised title and with other titles of
the United States Code. The words ‘‘if such violation is
committed in any area under the civil jurisdiction of
the United States’’ are omitted as surplus. The words
‘‘fined under title 18’’ are substituted for ‘‘a fine of not
more than $500’’, and the words ‘‘be deemed guilty of a
misdemeanor’’ are omitted, for consistency with title
18.

CHAPTER 475—NOISE

Revised
Section
47501(1) ......

Source (U.S. Code)
49 App.:2101(1).

49 App.:2101(3).
47501(2) ......

49 App.:2101(2).

SUBCHAPTER I—NOISE ABATEMENT
Sec.

47501.
47502.

Definitions.
Noise measurement and exposure systems and
identifying land use compatible with noise
exposure.

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Feb. 18, 1980, Pub. L. 96–193,
§ 101(1), 94 Stat. 50; restated Sept. 3, 1982, Pub.
L. 97–248, § 524(b)(1), 96
Stat. 696; Dec. 30, 1987,
Pub. L. 100–223, § 103(f), 101
Stat. 1489.
Feb. 18, 1980, Pub. L. 96–193,
§ 101(3), 94 Stat. 50.
Feb. 18, 1980, Pub. L. 96–193,
§ 101(2), 94 Stat. 50; restated Sept. 3, 1982, Pub.
L. 97–248, § 524(b)(2), 96
Stat. 696.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.

§ 47502

TITLE 49—TRANSPORTATION

In this section, the words ‘‘the term’’ are omitted as
surplus.
In clause (1), the text of 49 App.:2101(3) is omitted as
surplus because the complete name of the Secretary of
Transportation is used the first time the term appears
in a section.
In clause (2), the word ‘‘valid’’ is omitted as surplus.
AIRPORT NOISE STUDY
Pub. L. 106–181, title VII, § 745, Apr. 5, 2000, 114 Stat.
178, as amended by Pub. L. 106–528, § 7(a), Nov. 22, 2000,
114 Stat. 2521, provided that:
‘‘(a) IN GENERAL.—The Secretary [of Transportation]
shall enter into an agreement with the National Academy of Sciences to conduct a study on airport noise in
the United States.
‘‘(b) CONTENTS OF STUDY.—In conducting the study,
the National Academy of Sciences shall examine—
‘‘(1) the threshold of noise at which health begins to
be affected;
‘‘(2) the effectiveness of noise abatement programs
at airports located in the United States;
‘‘(3) the impacts of aircraft noise on communities,
including schools; and
‘‘(4) the noise assessment practices of the Federal
Aviation Administration and whether such practices
fairly and accurately reflect the burden of noise on
communities.
‘‘(c) REPORT.—Not later than 18 months after the date
of the agreement entered into under subsection (a), the
National Academy of Sciences shall transmit to the
Secretary a report on the results of the study. Upon receipt of the report, the Secretary shall transmit a copy
of the report to the appropriate committees of Congress.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated such sums as may be necessary to carry out this section.’’
NONMILITARY HELICOPTER NOISE
Pub. L. 106–181, title VII, § 747, Apr. 5, 2000, 114 Stat.
179, provided that:
‘‘(a) IN GENERAL.—The Secretary [of Transportation]
shall conduct a study—
‘‘(1) on the effects of nonmilitary helicopter noise
on individuals in densely populated areas in the continental United States; and
‘‘(2) to develop recommendations for the reduction
of the effects of nonmilitary helicopter noise.
‘‘(b) FOCUS.—In conducting the study, the Secretary
shall focus on air traffic control procedures to address
helicopter noise problems and shall take into account
the needs of law enforcement.
‘‘(c) CONSIDERATION OF VIEWS.—In conducting the
study, the Secretary shall consider the views of representatives of the helicopter industry and organizations with an interest in reducing nonmilitary helicopter noise.
‘‘(d) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Apr. 5, 2000], the Secretary
shall transmit to Congress a report on the results of
the study conducted under this section.’’

§ 47502. Noise measurement and exposure systems and identifying land use compatible
with noise exposure
After consultation with the Administrator of
the Environmental Protection Agency and
United States Government, State, and interstate agencies that the Secretary of Transportation considers appropriate, the Secretary shall
by regulation—
(1) establish a single system of measuring
noise that—
(A) has a highly reliable relationship between projected noise exposure and surveyed
reactions of individuals to noise; and

Page 1084

(B) is applied uniformly in measuring
noise at airports and the surrounding area;
(2) establish a single system for determining
the exposure of individuals to noise resulting
from airport operations, including noise intensity, duration, frequency, and time of occurrence; and
(3) identify land uses normally compatible
with various exposures of individuals to noise.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1284.)
HISTORICAL AND REVISION NOTES
Revised
Section
47502 ..........

Source (U.S. Code)
49 App.:2102.

Source (Statutes at Large)
Feb. 18, 1980, Pub. L. 96–193,
§ 102, 94 Stat. 50.

In this section, before clause (1), the words ‘‘Not later
than the last day of the twelfth month which begins
after February 18, 1980’’ are omitted as obsolete.

§ 47503. Noise exposure maps
(a) SUBMISSION AND PREPARATION.—An airport
operator may submit to the Secretary of Transportation a noise exposure map showing the
noncompatible uses in each area of the map on
the date the map is submitted, a description of
estimated aircraft operations during a forecast
period that is at least 5 years in the future and
how those operations will affect the map. The
map shall—
(1) be prepared in consultation with public
agencies and planning authorities in the area
surrounding the airport; and
(2) comply with regulations prescribed under
section 47502 of this title.
(b) REVISED MAPS.—If, in an area surrounding
an airport, a change in the operation of the airport would establish a substantial new noncompatible use, or would significantly reduce
noise over existing noncompatible uses, that is
not reflected in either the existing conditions
map or forecast map currently on file with the
Federal Aviation Administration, the airport
operator shall submit a revised noise exposure
map to the Secretary showing the new noncompatible use or noise reduction.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1284;
Pub. L. 108–176, title III, § 324, Dec. 12, 2003, 117
Stat. 2542.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47503(a) ......

49 App.:2103(a)(1).

47503(b) ......

49 App.:2103(a)(2).

Source (Statutes at Large)
Feb. 18, 1980, Pub. L. 96–193,
§ 103(a), 94 Stat. 50.

In subsection (a), before clause (1), the words ‘‘After
the effective date of the regulations promulgated in accordance with section 2102 of this Appendix’’ are omitted as executed. The words ‘‘of an airport’’ and ‘‘at such
airport’’ are omitted as surplus. The word ‘‘how’’ is
substituted for ‘‘the ways, if any, in which’’ to eliminate unnecessary words. In clause (1), the words ‘‘planning authorities’’ are substituted for ‘‘planning agencies’’ for consistency.
In subsection (b), the words ‘‘to the Secretary’’ are
added for clarity. The words ‘‘after the submission to
the Secretary of a noise exposure map under paragraph
(1)’’ are omitted as surplus.

Page 1085

TITLE 49—TRANSPORTATION
AMENDMENTS

2003—Subsec. (a). Pub. L. 108–176, § 324(1), substituted
‘‘a forecast period that is at least 5 years in the future’’
for ‘‘1985,’’ in introductory provisions.
Subsec. (b). Pub. L. 108–176, § 324(2), added subsec. (b)
and struck out heading and text of former subsec. (b).
Text read as follows: ‘‘If a change in the operation of
an airport will establish a substantial new noncompatible use in an area surrounding the airport, the airport
operator shall submit a revised noise exposure map to
the Secretary showing the new noncompatible use.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
NOISE DISCLOSURE
Pub. L. 108–176, title III, § 322, Dec. 12, 2003, 117 Stat.
2540, provided that:
‘‘(a) NOISE DISCLOSURE SYSTEM IMPLEMENTATION
STUDY.—The Administrator of the Federal Aviation Administration shall conduct a study to determine the
feasibility of developing a program under which prospective home buyers of property located in the vicinity of an airport could be notified of information derived from noise exposure maps that may affect the use
and enjoyment of the property. The study shall assess
the scope, administration, usefulness, and burdensomeness of any such program, the costs and benefits of such
a program, and whether participation in such a program should be voluntary or mandatory.
‘‘(b) PUBLIC AVAILABILITY OF NOISE EXPOSURE MAPS.—
The Administrator shall make noise exposure and land
use information from noise exposure maps available to
the public via the Internet on its website in an appropriate format.
‘‘(c) NOISE EXPOSURE MAP.—In this section, the term
‘noise exposure map’ means a noise exposure map prepared under section 47503 of title 49, United States
Code.’’

§ 47504. Noise compatibility programs
(a) SUBMISSIONS.—(1) An airport operator that
submitted a noise exposure map and related information under section 47503(a) of this title
may submit a noise compatibility program to
the Secretary of Transportation after—
(A) consulting with public agencies and
planning authorities in the area surrounding
the airport, United States Government officials having local responsibility for the airport, and air carriers using the airport; and
(B) notice and an opportunity for a public
hearing.
(2) A program submitted under paragraph (1)
of this subsection shall state the measures the
operator has taken or proposes to take to reduce
existing noncompatible uses and prevent introducing additional noncompatible uses in the
area covered by the map. The measures may include—
(A) establishing a preferential runway system;
(B) restricting the use of the airport by a
type or class of aircraft because of the noise
characteristics of the aircraft;
(C) constructing barriers and acoustical
shielding and soundproofing public buildings;
(D) using flight procedures to control the operation of aircraft to reduce exposure of individuals to noise in the area surrounding the
airport; and

§ 47504

(E) acquiring land, air rights, easements, development rights, and other interests to ensure that the property will be used in ways
compatible with airport operations.
(b) APPROVALS.—(1) The Secretary shall approve or disapprove a program submitted under
subsection (a) of this section (except as the program is related to flight procedures referred to
in subsection (a)(2)(D) of this section) not later
than 180 days after receiving it. The Secretary
shall approve the program (except as the program is related to flight procedures referred to
in subsection (a)(2)(D)) if the program—
(A) does not place an unreasonable burden
on interstate or foreign commerce;
(B) is reasonably consistent with achieving
the goal of reducing noncompatible uses and
preventing the introduction of additional noncompatible uses; and
(C) provides for necessary revisions because
of a revised map submitted under section
47503(b) of this title.
(2) A program (except as the program is related to flight procedures referred to in subsection
(a)(2)(D) of this section) is deemed to be approved if the Secretary does not act within the
180-day period.
(3) The Secretary shall submit any part of a
program related to flight procedures referred to
in subsection (a)(2)(D) of this section to the Administrator of the Federal Aviation Administration. The Administrator shall approve or disapprove that part of the program.
(4) The Secretary shall not approve in fiscal
years 2004 through 2007 a program submitted
under subsection (a) if the program requires the
expenditure of funds made available under section 48103 for mitigation of aircraft noise less
than 65 DNL.
(c) GRANTS.—(1) The Secretary may incur obligations to make grants from amounts available
under section 48103 of this title to carry out a
project under a part of a noise compatibility
program approved under subsection (b) of this
section. A grant may be made to—
(A) an airport operator submitting the program; and
(B) a unit of local government in the area
surrounding the airport, if the Secretary decides the unit is able to carry out the project.
(2) SOUNDPROOFING AND ACQUISITION OF CERTAIN
RESIDENTIAL BUILDINGS AND PROPERTIES.—The
Secretary may incur obligations to make grants
from amounts made available under section
48103 of this title—
(A) for projects to soundproof residential
buildings—
(i) if the airport operator received approval for a grant for a project to soundproof
residential buildings pursuant to section
301(d)(4)(B) of the Airport and Airway Safety
and Capacity Expansion Act of 1987;
(ii) if the airport operator submits updated
noise exposure contours, as required by the
Secretary; and
(iii) if the Secretary determines that the
proposed projects are compatible with the
purposes of this chapter;
(B) to an airport operator and unit of local
government referred to in paragraph (1)(A) or

§ 47504

TITLE 49—TRANSPORTATION

(1)(B) of this subsection to soundproof residential buildings located on residential properties, and to acquire residential properties, at
which noise levels are not compatible with
normal operations of an airport—
(i) if the airport operator amended an existing local aircraft noise regulation during
calendar year 1993 to increase the maximum
permitted noise levels for scheduled air carrier aircraft as a direct result of implementation of revised aircraft noise departure
procedures mandated for aircraft safety purposes by the Administrator of the Federal
Aviation Administration for standardized
application at airports served by scheduled
air carriers;
(ii) if the airport operator submits updated
noise exposure contours, as required by the
Secretary; and
(iii) if the Secretary determines that the
proposed projects are compatible with the
purposes of this chapter;
(C) to an airport operator and unit of local
government referred to in paragraph (1)(A) or
(1)(B) of this subsection to carry out any part
of a program developed before February 18,
1980, or before implementing regulations were
prescribed, if the Secretary decides the program is substantially consistent with reducing
existing noncompatible uses and preventing
the introduction of additional noncompatible
uses and the purposes of this chapter will be
furthered by promptly carrying out the program;
(D) to an airport operator and unit of local
government referred to in paragraph (1)(A) or
(1)(B) of this subsection to soundproof a building in the noise impact area surrounding the
airport that is used primarily for educational
or medical purposes and that the Secretary decides is adversely affected by airport noise;
and
(E) to an airport operator of a congested airport (as defined in section 47175) and a unit of
local government referred to in paragraph
(1)(B) of this subsection to carry out a project
to mitigate noise in the area surrounding the
airport if the project is included as a commitment in a record of decision of the Federal
Aviation Administration for an airport capacity enhancement project (as defined in section
47175) even if that airport has not met the requirements of part 150 of title 14, Code of Federal Regulations.
(3) An airport operator may agree to make a
grant made under paragraph (1)(A) of this subsection available to a public agency in the area
surrounding the airport if the Secretary decides
the agency is able to carry out the project.
(4) The Government’s share of a project for
which a grant is made under this subsection is
the greater of—
(A) 80 percent of the cost of the project; or
(B) the Government’s share that would apply
if the amounts available for the project were
made available under subchapter I of chapter
471 of this title for a project at the airport.
(5) The provisions of subchapter I of chapter
471 of this title related to grants apply to a
grant made under this chapter, except—

Page 1086

(A) section 47109(a) and (b) of this title; and
(B) any provision that the Secretary decides
is inconsistent with, or unnecessary to carry
out, this chapter.
(6) AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY AIRCRAFT.—The Secretary may make a
grant under this subsection for a project even if
the purpose of the project is to mitigate the effect of noise primarily caused by military aircraft at an airport.
(d) GOVERNMENT RELIEF FROM LIABILITY.—The
Government is not liable for damages from aviation noise because of action taken under this
section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1285;
Pub. L. 103–305, title I, § 119, Aug. 23, 1994, 108
Stat. 1580; Pub. L. 103–429, § 6(71), Oct. 31, 1994,
108 Stat. 4387; Pub. L. 106–181, title I, § 154, Apr.
5, 2000, 114 Stat. 88; Pub. L. 108–176, title I, § 189,
title III, § 306, Dec. 12, 2003, 117 Stat. 2519, 2539.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47504(a) ......

49 App.:2104(a).

47504(b) ......

49 App.:2104(b).

47504(c) ......

49 App.:2104(c).

47504(d) ......

49 App.:2104(d).

Source (Statutes at Large)
Feb. 18, 1980, Pub. L. 96–193,
§ 104(a), 94 Stat. 51; Dec.
30, 1987, Pub. L. 100–223,
§ 301(a), 101 Stat. 1523.
Feb. 18, 1980, Pub. L. 96–193,
§ 104(b), (d), 94 Stat. 52, 53.
Feb. 18, 1980, Pub. L. 96–193,
§ 104(c), 94 Stat. 52; Sept. 3,
1982,
Pub.
L.
97–248,
§ 524(b)(4), 96 Stat. 696;
Dec. 30, 1987, Pub. L.
100–223, § 301(b), (c), 101
Stat. 1523; Oct. 28, 1991,
Pub. L. 102–143, § 336, 105
Stat. 947.

In subsection (a)(1)(A), the words ‘‘the officials of’’
are omitted as surplus. The words ‘‘planning authorities’’ are substituted for ‘‘planning agencies’’ for consistency.
In subsection (a)(2)(A), the word ‘‘establishing’’ is
substituted for ‘‘the implementation of’’ for consistency.
In subsection (a)(2)(B), the words ‘‘the implementation of’’ are omitted as surplus.
In subsection (b)(1), before clause (A), the words ‘‘to
him’’ and ‘‘the measures to be undertaken in carrying
out’’ are omitted as surplus. In clause (B), the word
‘‘achieving’’ is substituted for ‘‘obtaining’’ for clarity.
The word ‘‘existing’’ is omitted as surplus.
Subsection (b)(2) is substituted for 49 App.:2104(b) (3d
sentence) to eliminate unnecessary words.
In subsection (c)(1)(B) and (2), the words ‘‘for which
grant applications are made in accordance with such
noise compatibility programs’’ are omitted as surplus.
In subsection (c)(1), before clause (A), the words
‘‘incur obligations to’’ and ‘‘further . . . under this section’’ are omitted as surplus. In clause (C), the words
‘‘to carry out any part of a program’’ are substituted
for ‘‘any project to carry out a noise compatibility program’’, and the words ‘‘or before implementing regulations were prescribed’’ are substituted for ‘‘or the promulgation of its implementing regulations’’, for clarity
and consistency. The words ‘‘the purposes of’’ before
‘‘reducing’’ are omitted as surplus. The word ‘‘noncompatible’’ is added after ‘‘existing’’ for clarity and
consistency. In clause (D), the words ‘‘for any project’’
and ‘‘determined to be’’ are omitted as surplus.
In subsection (c)(2), the words ‘‘in turn’’ are omitted
as surplus.
In subsection (c)(4), before clause (A), the words ‘‘All
of’’ and ‘‘made under section 505 of that Act’’ are omitted as surplus. The word ‘‘except’’ is substituted for

Page 1087

§ 47506

TITLE 49—TRANSPORTATION

‘‘unless’’ for clarity. In clause (1), the words ‘‘relating
to United States share of project costs’’ are omitted as
surplus. In clause (2), the words ‘‘the purposes of’’ are
omitted as surplus.
In subsection (d), the words ‘‘by the Secretary or the
Administrator of the Federal Aviation Administration’’
are omitted as surplus.
PUB. L. 103–429
This redesignates 49:47504(c)(1)(C) and (D) as
49:47504(c)(2)(C) and (D) because the subject matter is
similar to that of 49:47504(c)(2)(A) and (B) that was
added by section 119(2) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305,
108 Stat. 1580).
REFERENCES IN TEXT
Section 301(d)(4)(B) of the Airport and Airway Safety
and Capacity Expansion Act of 1987, referred to in subsec. (c)(2)(A)(i), is section 301(d)(4)(B) of Pub. L. 100–223,
which was set out as a note under section 2104 of former
Title 49, Transportation, prior to repeal by Pub. L.
103–272, § 7(b), July 5, 1994, 108 Stat. 1379.
AMENDMENTS
2003—Subsec. (b)(4). Pub. L. 108–176, § 189, added par.
(4).
Subsec. (c)(2)(C)–(E). Pub. L. 108–176, § 306, realigned
margins of subpars. (C) and (D) and added subpar. (E).
2000—Subsec. (c)(6). Pub. L. 106–181 added par. (6).
1994—Subsec. (c)(1)(A). Pub. L. 103–429, § 6(71)(A), inserted ‘‘and’’ after semicolon at end.
Subsec. (c)(1)(B). Pub. L. 103–429, § 6(71)(B), substituted a period for semicolon at end.
Subsec. (c)(1)(C), (D). Pub. L. 103–429, § 6(71)(C), redesignated par. (1)(C) as (2)(C) and (1)(D) as (2)(D).
Subsec. (c)(2). Pub. L. 103–305, § 119(2), added par. (2).
Former par. (2) redesignated (3).
Subsec. (c)(2)(A)(iii). Pub. L. 103–429, § 6(71)(D), struck
out ‘‘and’’ after semicolon at end.
Subsec. (c)(2)(B)(iii). Pub. L. 103–429, § 6(71)(E), substituted a semicolon for period at end.
Subsec. (c)(2)(C), (D). Pub. L. 103–429, § 6(71)(F), substituted ‘‘to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this
subsection’’ for ‘‘an airport operator or unit of local
government referred to in clause (A) or (B) of this paragraph’’.
Pub. L. 103–429, § 6(71)(C), redesignated par. (1)(C) as
(2)(C) and (1)(D) as (2)(D).
Subsec. (c)(3). Pub. L. 103–305, § 119(1), redesignated
par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (c)(4). Pub. L. 103–305, § 119(3), struck out
‘‘paragraph (1) of’’ before ‘‘this subsection’’ in introductory provisions.
Pub. L. 103–305, § 119(1), redesignated par. (3) as (4).
Former par. (4) redesignated (5).
Subsec. (c)(5). Pub. L. 103–305, § 119(1), redesignated
par. (4) as (5).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 47505. Airport noise compatibility planning
grants
(a) GENERAL AUTHORITY.—The Secretary of
Transportation may make a grant to a sponsor
of an airport to develop, for planning purposes,
information necessary to prepare and submit—

(1) a noise exposure map and related information under section 47503 of this title, including the cost of obtaining the information;
or
(2) a noise compatibility program under section 47504 of this title.
(b) AVAILABILITY OF AMOUNTS AND GOVERNSHARE OF COSTS.—A grant under subsection (a) of this section may be made from
amounts available under section 48103 of this
title. The United States Government’s share of
the grant is the percent for which a project for
airport development at an airport would be eligible under section 47109(a) and (b) of this title.

MENT’S

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1286.)
HISTORICAL AND REVISION NOTES
Revised
Section
47505 ..........

Source (U.S. Code)
49 App.:2103(b).

Source (Statutes at Large)
Feb. 18, 1980, Pub. L. 96–193,
§ 103(b), 94 Stat. 51; restated Sept. 3, 1982, Pub.
L. 97–248, § 524(b)(3), 96
Stat. 696.

In subsection (a), before clause (1), the words ‘‘incur
obligations to’’ are omitted as surplus.

§ 47506. Limitations on recovering damages for
noise
(a) GENERAL LIMITATIONS.—A person acquiring
an interest in property after February 18, 1980,
in an area surrounding an airport for which a
noise exposure map has been submitted under
section 47503 of this title and having actual or
constructive knowledge of the existence of the
map may recover damages for noise attributable
to the airport only if, in addition to any other
elements for recovery of damages, the person
shows that—
(1) after acquiring the interest, there was a
significant—
(A) change in the type or frequency of aircraft operations at the airport;
(B) change in the airport layout;
(C) change in flight patterns; or
(D) increase in nighttime operations; and
(2) the damages resulted from the change or
increase.
(b) CONSTRUCTIVE KNOWLEDGE.—Constructive
knowledge of the existence of a map under subsection (a) of this section shall be imputed, at a
minimum, to a person if—
(1) before the person acquired the interest,
notice of the existence of the map was published at least 3 times in a newspaper of general circulation in the county in which the
property is located; or
(2) the person is given a copy of the map
when acquiring the interest.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1286.)
HISTORICAL AND REVISION NOTES
Revised
Section
47506 ..........

Source (U.S. Code)
49 App.:2107.

Source (Statutes at Large)
Feb. 18, 1980, Pub. L. 96–193,
§ 107, 94 Stat. 53.

In subsection (a)(2), the words ‘‘for which recovery is
sought have’’ are omitted as surplus.

§ 47507

TITLE 49—TRANSPORTATION

§ 47507. Nonadmissibility of noise exposure map
and related information as evidence
No part of a noise exposure map or related information described in section 47503 of this title
that is submitted to, or prepared by, the Secretary of Transportation and no part of a list of
land uses the Secretary identifies as normally
compatible with various exposures of individuals
to noise may be admitted into evidence or used
for any other purpose in a civil action asking for
relief for noise resulting from the operation of
an airport.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1287.)
HISTORICAL AND REVISION NOTES
Revised
Section
47507 ..........

Source (U.S. Code)
49 App.:2106.

Source (Statutes at Large)
Feb. 18, 1980, Pub. L. 96–193,
§ 106, 94 Stat. 53.

The words ‘‘land uses which are’’ are omitted as surplus. The words ‘‘civil action’’ are substituted for ‘‘suit
or action’’ for consistency in the revised title and with
other titles of the United States Code. The words
‘‘damages or other’’ are omitted as surplus.

§ 47508. Noise standards for air carriers and foreign air carriers providing foreign air transportation
(a) GENERAL REQUIREMENTS.—The Secretary of
Transportation shall require each air carrier
and foreign air carrier providing foreign air
transportation to comply with noise standards—
(1) the Secretary prescribed for new subsonic
aircraft in regulations of the Secretary in effect on January 1, 1977; or
(2) of the International Civil Aviation Organization that are substantially compatible
with standards of the Secretary for new subsonic aircraft in regulations of the Secretary
at parts 36 and 91 of title 14, Code of Federal
Regulations, prescribed between January 2,
1977, and January 1, 1982.
(b) COMPLIANCE AT PHASED RATE.—The Secretary shall require each air carrier and foreign
air carrier providing foreign air transportation
to comply with the noise standards at a phased
rate similar to the rate for aircraft registered in
the United States.
(c) NONDISCRIMINATION.—The requirement for
air carriers providing foreign air transportation
may not be more stringent than the requirement
for foreign air carriers.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1287.)
HISTORICAL AND REVISION NOTES
Revised
Section
47508(a) ......

47508(b) ......

47508(c) ......

Source (U.S. Code)
49 App.:2122(a) (1st
sentence words
before last
comma, last sentence).
49 App.:2122(a) (1st
sentence words
after last
comma).
49 App.:2122(a) (2d
sentence).

Source (Statutes at Large)
Feb. 18, 1980, Pub. L. 96–193,
§ 302(a), 94 Stat. 56.

In this section, the word ‘‘providing’’ is substituted
for ‘‘engaging in’’ for consistency in the revised title.

Page 1088

In subsection (a), the words ‘‘acting through the Administrator’’ and ‘‘acting through the Administrator of
the Federal Aviation Administration (14 CFR part 36)’’
are omitted for consistency. Section 6(c)(1) of the Department of Transportation Act (Public Law 89–670, 80
Stat. 938) transferred all duties and powers of the Federal Aviation Agency and the Administrator to the
Secretary of Transportation. However, the Secretary
was to carry out certain provisions through the Administrator. In addition, various laws enacted since then
have vested duties and powers in the Administrator.
All provisions of law the Secretary is required to carry
out through the Administrator are included in 49:106(g).
Before clause (1), the words ‘‘If, by January 1, 1980, the
International Civil Aviation Organization (hereafter referred to as ‘ICAO’) does not reach an agreement’’ and
‘‘commence a rulemaking to’’ and 49 App.:2122(a) (last
sentence) are omitted as executed. In clause (1), the
words ‘‘as such regulations were’’ are omitted as surplus. In clause (2), the words ‘‘on noise standards and
an international schedule’’ and ‘‘(annex 16)’’ are omitted as surplus. The words ‘‘of the Secretary for new
subsonic aircraft in regulations of the Secretary at
parts 36 and 91 of title 14, Code of Federal Regulations,
prescribed between January 2, 1977, and January 1,
1982’’ are substituted for ‘‘set forth in such regulations
issued by the Secretary (14 CFR parts 36 and 91) during
the 5-year period thereafter’’ for clarity and consistency.
In subsection (b), the words ‘‘in effect’’ are omitted as
surplus.
IMPLEMENTATION OF CHAPTER 4 NOISE STANDARDS
Pub. L. 108–176, title III, § 325, Dec. 12, 2003, 117 Stat.
2542, provided that: ‘‘Not later than April 1, 2005, the
Secretary of Transportation shall issue final regulations to implement Chapter 4 noise standards, consistent with the recommendations adopted by the International Civil Aviation Organization.’’
STANDARDS FOR AIRCRAFT AND AIRCRAFT ENGINES TO
REDUCE NOISE LEVELS
Pub. L. 106–181, title VII, § 726, Apr. 5, 2000, 114 Stat.
167, provided that:
‘‘(a) DEVELOPMENT OF NEW STANDARDS.—The Secretary [of Transportation] shall continue to work to develop through the International Civil Aviation Organization new performance standards for aircraft and aircraft engines that will lead to a further reduction in
aircraft noise levels.
‘‘(b) GOALS TO BE CONSIDERED IN DEVELOPING NEW
STANDARDS.—In negotiating standards under subsection
(a), the Secretary shall give high priority to developing
standards that—
‘‘(1) are performance based and can be achieved by
use of a full range of certifiable noise reduction technologies;
‘‘(2) protect the useful economic value of existing
Stage 3 aircraft in the United States fleet;
‘‘(3) ensure that United States air carriers and aircraft engine and hushkit manufacturers are not competitively disadvantaged;
‘‘(4) use dynamic economic modeling capable of determining impacts on all aircraft in service in the
United States fleet; and
‘‘(5) continue the use of a balanced approach to address aircraft environmental issues, taking into account aircraft technology, land use planning, economic feasibility, and airspace operational improvements.
‘‘(c) ANNUAL REPORT.—Not later than July 1, 2000, and
annually thereafter, the Secretary shall transmit to
Congress a report regarding the application of new
standards or technologies to reduce aircraft noise levels.’’
AIRCRAFT NOISE RESEARCH PROGRAM
Pub. L. 102–581, title III, § 304, Oct. 31, 1992, 106 Stat.
4896, as amended by Pub. L. 109–155, title VII, § 706(b),
Dec. 30, 2005, 119 Stat. 2937, provided that:

Page 1089

§ 47521

TITLE 49—TRANSPORTATION

‘‘(a) ESTABLISHMENT.—The Administrator of the Federal Aviation Administration and the Administrator of
the National Aeronautics and Space Administration
shall jointly conduct a research program to develop
new technologies for quieter subsonic jet aircraft engines and airframes.
‘‘(b) GOAL.—The goal of the research program established by subsection (a) is to develop by the year 2010
technologies for subsonic jet aircraft engines and airframes which would permit a subsonic jet aircraft to
operate at reduced noise levels.
‘‘(c) PARTICIPATION.—In carrying out the program established by subsection (a), the Administrator of the
Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration shall encourage the participation of representatives of the aviation industry and academia.
‘‘(d) REPORT TO CONGRESS.—The Administrator of the
Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration shall jointly submit to Congress, on an annual
basis during the term of the program established by
subsection (a), a report on the progress being made
under the program toward meeting the goal described
in subsection (b).’’

craft that operate at substantially reduced levels of noise to reduce the impact of such aircraft
and rotorcraft on the resources of national
parks and other areas.

§ 47509. Research program on quiet aircraft technology for propeller and rotor driven aircraft

HISTORICAL AND REVISION NOTES

(a) ESTABLISHMENT.—The Administrator of the
Federal Aviation Administration and the Administrator of the National Aeronautics and
Space Administration shall conduct a study to
identify technologies for noise reduction of propeller driven aircraft and rotorcraft.
(b) GOAL.—The goal of the study conducted
under subsection (a) is to determine the status
of research and development now underway in
the area of quiet technology for propeller driven
aircraft and rotorcraft, including technology
that is cost beneficial, and to determine whether
a research program to supplement existing research activities is necessary.
(c) PARTICIPATION.—In conducting the study
required under subsection (a), the Administrator
of the Federal Aviation Administration and the
Administrator of the National Aeronautics and
Space Administration shall encourage the participation of the Department of Defense, the Department of the Interior, the airtour industry,
the aviation industry, academia and other appropriate groups.
(d) REPORT.—Not less than 280 days after August 23, 1994, the Administrator of the Federal
Aviation Administration and the Administrator
of the National Aeronautics and Space Administration shall transmit to Congress a report on
the results of the study required under subsection (a).
(e) RESEARCH AND DEVELOPMENT PROGRAM.—If
the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration
determine that additional research and development is necessary and would substantially contribute to the development of quiet aircraft
technology, then the agencies shall conduct an
appropriate research program in consultation
with the entities listed in subsection (c) to develop safe, effective, and economical noise reduction technology (including technology that
can be applied to existing propeller driven aircraft and rotorcraft) that would result in air-

(Added Pub. L. 103–305, title III, § 308(a), Aug. 23,
1994, 108 Stat. 1593; amended Pub. L. 104–287,
§ 5(86), Oct. 11, 1996, 110 Stat. 3398.)
AMENDMENTS
1996—Subsec. (d). Pub. L. 104–287 substituted ‘‘August
23, 1994’’ for ‘‘the date of the enactment of this section’’.

§ 47510. Tradeoff allowance
Notwithstanding another law or a regulation
prescribed or order issued under that law, the
tradeoff provisions contained in appendix C of
part 36 of title 14, Code of Federal Regulations,
apply in deciding whether an aircraft complies
with subpart I of part 91 of title 14.
(Added Pub. L. 103–429, § 6(72)(A), Oct. 31, 1994, 108
Stat. 4387.)

Revised
Section
47510 ..........

Source (U.S. Code)
49 App.:2125.

Source (Statutes at Large)
Feb. 18, 1980, Pub. L. 96–193,
§ 305, 94 Stat. 57.

The word ‘‘prescribed’’ is added for consistency in the
revised title and with other titles of the United States
Code. The words ‘‘subpart I of part 91’’ are substituted
for ‘‘subpart E of part 91’’ because of the restatement
of part 91. See 54 Fed. Reg. 34321 (Aug. 18, 1989).

SUBCHAPTER II—NATIONAL AVIATION
NOISE POLICY
§ 47521. Findings
Congress finds that—
(1) aviation noise management is crucial to
the continued increase in airport capacity;
(2) community noise concerns have led to
uncoordinated and inconsistent restrictions on
aviation that could impede the national air
transportation system;
(3) a noise policy must be carried out at the
national level;
(4) local interest in aviation noise management shall be considered in determining the
national interest;
(5) community concerns can be alleviated
through the use of new technology aircraft
and the use of revenues, including those available from passenger facility fees, for noise
management;
(6) revenues controlled by the United States
Government can help resolve noise problems
and carry with them a responsibility to the
national airport system;
(7) revenues derived from a passenger facility fee may be applied to noise management
and increased airport capacity; and
(8) a precondition to the establishment and
collection of a passenger facility fee is the prescribing by the Secretary of Transportation of
a regulation establishing procedures for reviewing airport noise and access restrictions
on operations of stage 2 and stage 3 aircraft.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1287.)

§ 47522

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section
47521 ..........

Source (U.S. Code)
49 App.:2151.

Source (Statutes at Large)

findings, determinations, and provisions of this chapter’’ to eliminate unnecessary words.
Subsection (b) is tabulated for clarity.

Nov. 5, 1990, Pub. L. 101–508,
§ 9302, 104 Stat. 1388–378.

§ 47524. Airport noise and access restriction review program

§ 47522. Definitions
In this subchapter—
(1) ‘‘air carrier’’, ‘‘air transportation’’, and
‘‘United States’’ have the same meanings
given those terms in section 40102(a) of this
title.
(2) ‘‘stage 3 noise levels’’ means the stage 3
noise levels in part 36 of title 14, Code of Federal Regulations, in effect on November 5,
1990.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1288.)
HISTORICAL AND REVISION NOTES
Revised
Section
47522 ..........

Source (U.S. Code)
49 App.:2157(h).

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9308(h), 104 Stat. 1388–384.

The definitions are made applicable to all of subchapter II, rather than only to those provisions based
on 49 App.:2157 as in the source provisions, because the
defined terms appear in several sections of subchapter
II and it is assumed they are intended to have the same
meaning in each of those sections.

§ 47523. National aviation noise policy
(a) GENERAL REQUIREMENTS.—Not later than
July 1, 1991, the Secretary of Transportation
shall establish by regulation a national aviation
noise policy that considers this subchapter, including the phaseout and nonaddition of stage 2
aircraft as provided in this subchapter and dates
for carrying out that policy and reporting requirements consistent with this subchapter and
law existing as of November 5, 1990.
(b) DETAILED ECONOMIC ANALYSIS.—The policy
shall be based on a detailed economic analysis of
the impact of the phaseout date for stage 2 aircraft on competition in the airline industry, including—
(1) the ability of air carriers to achieve capacity growth consistent with the projected
rate of growth for the airline industry;
(2) the impact of competition in the airline
and air cargo industries;
(3) the impact on nonhub and small community air service; and
(4) the impact on new entry into the airline
industry.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1288.)
HISTORICAL AND REVISION NOTES
Revised
Section
47523 ..........

Source (U.S. Code)
49 App.:2152.

Page 1090

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9303, 104 Stat. 1388–378.

In this section, the text of 49 App.:2152(c) is omitted
as executed.
In subsection (a), the words ‘‘(hereinafter in this
chapter referred to as the ‘Secretary’)’’ are omitted because of the restatement. The words ‘‘this subchapter’’
(the first time they appear) are substituted for ‘‘the

(a) GENERAL REQUIREMENTS.—The national
aviation noise policy established under section
47523 of this title shall provide for establishing
by regulation a national program for reviewing
airport noise and access restrictions on the operation of stage 2 and stage 3 aircraft. The program shall provide for adequate public notice
and opportunity for comment on the restrictions.
(b) STAGE 2 AIRCRAFT.—Except as provided in
subsection (d) of this section, an airport noise or
access restriction may include a restriction on
the operation of stage 2 aircraft proposed after
October 1, 1990, only if the airport operator publishes the proposed restriction and prepares and
makes available for public comment at least 180
days before the effective date of the proposed restriction—
(1) an analysis of the anticipated or actual
costs and benefits of the existing or proposed
restriction;
(2) a description of alternative restrictions;
(3) a description of the alternative measures
considered that do not involve aircraft restrictions; and
(4) a comparison of the costs and benefits of
the alternative measures to the costs and benefits of the proposed restriction.
(c) STAGE 3 AIRCRAFT.—(1) Except as provided
in subsection (d) of this section, an airport noise
or access restriction on the operation of stage 3
aircraft not in effect on October 1, 1990, may become effective only if the restriction has been
agreed to by the airport proprietor and all aircraft operators or has been submitted to and approved by the Secretary of Transportation after
an airport or aircraft operator’s request for approval as provided by the program established
under this section. Restrictions to which this
paragraph applies include—
(A) a restriction on noise levels generated on
either a single event or cumulative basis;
(B) a restriction on the total number of
stage 3 aircraft operations;
(C) a noise budget or noise allocation program that would include stage 3 aircraft;
(D) a restriction on hours of operations; and
(E) any other restriction on stage 3 aircraft.
(2) Not later than 180 days after the Secretary
receives an airport or aircraft operator’s request
for approval of an airport noise or access restriction on the operation of a stage 3 aircraft, the
Secretary shall approve or disapprove the restriction. The Secretary may approve the restriction only if the Secretary finds on the basis
of substantial evidence that—
(A) the restriction is reasonable, nonarbitrary, and nondiscriminatory;
(B) the restriction does not create an unreasonable burden on interstate or foreign commerce;
(C) the restriction is not inconsistent with
maintaining the safe and efficient use of the
navigable airspace;

Page 1091

§ 47525

TITLE 49—TRANSPORTATION

(D) the restriction does not conflict with a
law or regulation of the United States;
(E) an adequate opportunity has been provided for public comment on the restriction;
and
(F) the restriction does not create an unreasonable burden on the national aviation system.
(3) Paragraphs (1) and (2) of this subsection do
not apply if the Administrator of the Federal
Aviation Administration, before November 5,
1990, has formed a working group (outside the
process established by part 150 of title 14, Code
of Federal Regulations) with a local airport operator to examine the noise impact of air traffic
control procedure changes at the airport. However, if an agreement on noise reductions at
that airport is made between the airport proprietor and one or more air carriers or foreign air
carriers that constitute a majority of the carrier use of the airport, this paragraph applies
only to a local action to enforce the agreement.
(4) The Secretary may reevaluate an airport
noise or access restriction previously agreed to
or approved under this subsection on request of
an aircraft operator able to demonstrate to the
satisfaction of the Secretary that there has been
a change in the noise environment of the affected airport that justifies a reevaluation. The
Secretary shall establish by regulation procedures for conducting a reevaluation. A reevaluation—
(A) shall be based on the criteria in paragraph (2) of this subsection; and
(B) may be conducted only after 2 years
after a decision under paragraph (2) of this
subsection has been made.
(d) NONAPPLICATION.—Subsections (b) and (c)
of this section do not apply to—
(1) a local action to enforce a negotiated or
executed airport noise or access agreement between the airport operator and the aircraft operators in effect on November 5, 1990;
(2) a local action to enforce a negotiated or
executed airport noise or access restriction
agreed to by the airport operator and the aircraft operators before November 5, 1990;
(3) an intergovernmental agreement including an airport noise or access restriction in effect on November 5, 1990;
(4) a subsequent amendment to an airport
noise or access agreement or restriction in effect on November 5, 1990, that does not reduce
or limit aircraft operations or affect aircraft
safety;
(5)(A) an airport noise or access restriction
adopted by an airport operator not later than
October 1, 1990, and stayed as of October 1,
1990, by a court order or as a result of litigation, if any part of the restriction is subsequently allowed by a court to take effect; or
(B) a new restriction imposed by an airport
operator to replace any part of a restriction
described in subclause (A) of this clause that
is disallowed by a court, if the new restriction
would not prohibit aircraft operations in effect on November 5, 1990; or
(6) a local action that represents the adoption of the final part of a program of a staged
airport noise or access restriction if the initial

part of the program was adopted during 1988
and was in effect on November 5, 1990.
(e) GRANT LIMITATIONS.—Beginning on the 91st
day after the Secretary prescribes a regulation
under subsection (a) of this section, a sponsor of
a facility operating under an airport noise or access restriction on the operation of stage 3 aircraft that first became effective after October 1,
1990, is eligible for a grant under section 47104 of
this title and is eligible to impose a passenger
facility fee under section 40117 of this title only
if the restriction has been—
(1) agreed to by the airport proprietor and
aircraft operators;
(2) approved by the Secretary as required by
subsection (c)(1) of this section; or
(3) rescinded.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1288.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47524(a) ......

49 App.:2153(a)(1).

47524(b) ......

47524(c)(2) ..
47524(c)(3) ..

49 App.:2153(a)(2)(A),
(c).
49 App.:2153(a)(2)(B),
(b).
49 App.:2153(d).
49 App.:2153(a)(2)(D).

47524(c)(4) ..
47524(d) ......
47524(e) ......

49 App.:2153(f), (g).
49 App.:2153(a)(2)(C).
49 App.:2153(e).

47524(c)(1) ..

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9304(a)(1)– (2)(C), (3)–(g),
104 Stat. 1388–379.

Nov. 5, 1990, Pub. L. 101–508,
§ 9304(a)(2)(D), 104 Stat.
1388–380; Oct. 31, 1992, Pub.
L. 102–581, § 136(a), 106
Stat. 4889.

In subsection (a), the words ‘‘shall provide for establishing’’ are substituted for ‘‘shall require the establishment . . . of’’ as being more appropriate. The words
‘‘in accordance with the provisions of this section’’ are
omitted as surplus.
In subsection (b), the words ‘‘proposed after October
1, 1990’’ are substituted for 49 App.:2153(a)(2)(A) to
eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words ‘‘not
in effect on October 1, 1990’’ are substituted for 49
App.:2153(a)(2)(B) to eliminate unnecessary words. In
clause (B), the words ‘‘direct or indirect’’ are omitted
as surplus.
In subsection (c)(2)(A)–(D) and (F), the word ‘‘proposed’’ is omitted as surplus. In clause (D), the word
‘‘existing’’ is omitted as surplus.
In subsection (c)(4), the words ‘‘that justifies a reevaluation’’ are substituted for ‘‘and that a review and
reevaluation . . . of the previously approved or agreed
to noise restriction is therefore justified’’ to eliminate
unnecessary words.
In subsection (d)(6), the words ‘‘calendar year’’ are
omitted as surplus.

§ 47525. Decision about airport noise and access
restrictions on certain stage 2 aircraft
The Secretary of Transportation shall conduct
a study and decide on the application of section
47524(a)–(d) of this title to airport noise and access restrictions on the operation of stage 2 aircraft with a maximum weight of not more than
75,000 pounds. In making the decision, the Secretary shall consider—
(1) noise levels produced by those aircraft
relative to other aircraft;
(2) the benefits to general aviation and the
need for efficiency in the national air transportation system;

§ 47526

TITLE 49—TRANSPORTATION

(3) the differences in the nature of operations at airports and the areas immediately
surrounding the airports;
(4) international standards and agreements
on aircraft noise; and
(5) other factors the Secretary considers necessary.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1291.)
HISTORICAL AND REVISION NOTES
Revised
Section
47525 ..........

Source (U.S. Code)
49 App.:2154.

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9305, 104 Stat. 1388–382.

In this section, before clause (1), the words ‘‘conduct
a study and decide on’’ are substituted for ‘‘determine
by a study’’ for clarity. The words ‘‘with a maximum
weight of not more than’’ are substituted for ‘‘weighing
less than’’ for consistency with sections 47528 and 47529
of the revised title.

§ 47526. Limitations for noncomplying airport
noise and access restrictions
Unless the Secretary of Transportation is satisfied that an airport is not imposing an airport
noise or access restriction not in compliance
with this subchapter, the airport may not—
(1) receive money under subchapter I of
chapter 471 of this title; or
(2) impose a passenger facility fee under section 40117 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1291.)
HISTORICAL AND REVISION NOTES
Revised
Section
47526 ..........

Source (U.S. Code)
49 App.:2156.

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9307, 104 Stat. 1388–382.

In this section, before clause (1), the words ‘‘Under no
conditions’’ are omitted as surplus. In clause (2), the
words ‘‘or collect’’ are omitted as surplus.

§ 47527. Liability of the United States Government for noise damages
When a proposed airport noise or access restriction is disapproved under this subchapter,
the United States Government shall assume liability for noise damages only to the extent
that a taking has occurred as a direct result of
the disapproval. The United States Court of Federal Claims has exclusive jurisdiction of a civil
action under this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1291.)
HISTORICAL AND REVISION NOTES
Revised
Section
47527 ..........

Source (U.S. Code)
49 App.:2155.

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9306, 104 Stat. 1388–382.

The words ‘‘under this subchapter’’ are added for
clarity. The words ‘‘has exclusive jurisdiction of a civil
action under this section’’ are substituted for ‘‘Action
for the resolution of such a case shall be brought solely
in’’ for clarity and consistency. The words ‘‘Court of
Federal Claims’’ are substituted for ‘‘Claims Court’’ to

Page 1092

reflect the change of name of the Court by section
902(b) of the Federal Courts Administration Act of 1992
(Public Law 102–572, 106 Stat. 4516).

§ 47528. Prohibition on operating certain aircraft
not complying with stage 3 noise levels
(a) PROHIBITION.—Except as provided in subsection (b) or (f) of this section and section 47530
of this title, a person may operate after December 31, 1999, a civil subsonic turbojet (for which
an airworthiness certificate other than an
experimental certificate has been issued by the
Administrator) with a maximum weight of more
than 75,000 pounds to or from an airport in the
United States only if the Secretary of Transportation finds that the aircraft complies with the
stage 3 noise levels.
(b) WAIVERS.—(1) If, not later than July 1, 1999,
at least 85 percent of the aircraft used by an air
carrier or foreign air carrier to provide air
transportation comply with the stage 3 noise
levels, the carrier may apply for a waiver of subsection (a) of this section for the remaining aircraft used by the carrier to provide air transportation. The application must be filed with the
Secretary not later than January 1, 1999, or, in
the case of a foreign air carrier, the 15th day following the date of the enactment of the Wendell
H. Ford Aviation Investment and Reform Act for
the 21st Century and must include a plan with
firm orders for making all aircraft used by the
carrier to provide air transportation comply
with the noise levels not later than December
31, 2003.
(2) The Secretary may grant a waiver under
this subsection if the Secretary finds it would be
in the public interest. In making the finding,
the Secretary shall consider the effect of granting the waiver on competition in the air carrier
industry and on small community air service.
(3) A waiver granted under this subsection
may not permit the operation of stage 2 aircraft
in the United States after December 31, 2003.
(c) SCHEDULE FOR PHASED-IN COMPLIANCE.—
The Secretary shall establish by regulation a
schedule for phased-in compliance with subsection (a) of this section. The phase-in period
shall begin on November 5, 1990, and end before
December 31, 1999. The regulations shall establish interim compliance dates. The schedule for
phased-in compliance shall be based on—
(1) a detailed economic analysis of the impact of the phaseout date for stage 2 aircraft
on competition in the airline industry, including—
(A) the ability of air carriers to achieve
capacity growth consistent with the projected rate of growth for the airline industry;
(B) the impact of competition in the airline and air cargo industries;
(C) the impact on nonhub and small community air service; and
(D) the impact on new entry into the airline industry; and
(2) an analysis of the impact of aircraft noise
on individuals residing near airports.
(d) ANNUAL REPORT.—Beginning with calendar
year 1992—
(1) each air carrier shall submit to the Secretary an annual report on the progress the

Page 1093

carrier is making toward complying with the
requirements of this section and regulations
prescribed under this section; and
(2) the Secretary shall submit to Congress an
annual report on the progress being made toward that compliance.
(e) HAWAIIAN OPERATIONS.—(1) In this subsection, ‘‘turnaround service’’ means a flight between places only in Hawaii.
(2)(A) An air carrier or foreign air carrier may
not operate in Hawaii, or between a place in Hawaii and a place outside the 48 contiguous
States, a greater number of stage 2 aircraft with
a maximum weight of more than 75,000 pounds
than it operated in Hawaii, or between a place in
Hawaii and a place outside the 48 contiguous
States, on November 5, 1990.
(B) An air carrier that provided turnaround
service in Hawaii on November 5, 1990, using
stage 2 aircraft with a maximum weight of more
than 75,000 pounds may include in the number of
aircraft authorized under subparagraph (A) of
this paragraph all stage 2 aircraft with a maximum weight of more than 75,000 pounds that
were owned or leased by that carrier on that
date, whether or not the aircraft were operated
by the carrier on that date.
(3) An air carrier may provide turnaround
service in Hawaii using stage 2 aircraft with a
maximum weight of more than 75,000 pounds
only if the carrier provided the service on November 5, 1990.
(4) An air carrier operating stage 2 aircraft
under this subsection may transport stage 2 aircraft to or from the 48 contiguous States on a
nonrevenue basis in order—
(A) to perform maintenance (including
major alterations) or preventative maintenance on aircraft operated, or to be operated,
within the limitations of paragraph (2)(B); or
(B) conduct operations within the limitations of paragraph (2)(B).
(f) AIRCRAFT MODIFICATION, DISPOSAL, SCHEDHEAVY MAINTENANCE, OR LEASING.—
(1) IN GENERAL.—The Secretary shall permit
a person to operate after December 31, 1999, a
stage 2 aircraft in nonrevenue service through
the airspace of the United States or to or from
an airport in the contiguous 48 States in order
to—
(A) sell, lease, or use the aircraft outside
the contiguous 48 States;
(B) scrap the aircraft;
(C) obtain modifications to the aircraft to
meet stage 3 noise levels;
(D) perform scheduled heavy maintenance
or significant modifications on the aircraft
at a maintenance facility located in the contiguous 48 States;
(E) deliver the aircraft to an operator leasing the aircraft from the owner or return the
aircraft to the lessor;
(F) prepare or park or store the aircraft in
anticipation of any of the activities described in subparagraphs (A) through (E); or
(G) divert the aircraft to an alternative
airport in the contiguous 48 States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while
conducting a flight in order to perform any

ULED

§ 47528

TITLE 49—TRANSPORTATION

of the activities described in subparagraphs
(A) through (F).
(2) PROCEDURE TO BE PUBLISHED.—Not later
than 30 days after the date of the enactment of
this subsection, the Secretary shall establish
and publish a procedure to implement paragraph (1) through the use of categorical waivers, ferry permits, or other means.
(g) STATUTORY CONSTRUCTION.—Nothing in this
section may be construed as interfering with,
nullifying, or otherwise affecting determinations made by the Federal Aviation Administration, or to be made by the Administration with
respect to applications under part 161 of title 14,
Code of Federal Regulations, that were pending
on November 1, 1999.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1291;
Pub. L. 106–113, div. B, § 1000(a)(5) [title II,
§ 231(a), (b)(1)], Nov. 29, 1999, 113 Stat. 1536,
1501A–300, 1501A–301; Pub. L. 106–181, title VII,
§ 721(a)–(c)(1), (d), Apr. 5, 2000, 114 Stat. 164, 165.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47528(a) ......

49 App.:2157(a).

47528(b)
47528(c)
47528(d)
47528(e)

49
49
49
49

......
......
......
......

App.:2157(b).
App.:2157(c).
App.:2157(g).
App.:2157(i).

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9308(a)–(c), (g), 104 Stat.
1388–382, 1388–383.

Nov. 5, 1990, Pub. L. 101–508,
104 Stat. 1388–382, § 9308(i);
added Oct. 28, 1991, Pub. L.
102–143, § 349(b), 105 Stat.
949.

In subsection (e), the words ‘‘the State of’’ are omitted as surplus. The words ‘‘place’’ and ‘‘places’’ are substituted for ‘‘point’’ and ‘‘points’’ for consistency in
title the revised title.
In subsection (e)(1), the words ‘‘the operation of’’ are
omitted as surplus. The words ‘‘places only in Hawaii’’
are substituted for ‘‘two or more points, all of which
are within the State of Hawaii’’ to eliminate unnecessary words.
REFERENCES IN TEXT
The date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5,
2000.
The date of the enactment of this subsection, referred
to in subsec. (f)(2), is the date of enactment of Pub. L.
106–181, which was approved Apr. 5, 2000.
AMENDMENTS
2000—Pub. L. 106–181, § 721(a), repealed Pub. L. 106–113,
§ 1000(a)(5) [title II, § 231]. See 1999 Amendment notes
and Construction of 2000 Amendment note below.
Subsec. (a). Pub. L. 106–181, § 721(b)(1), (c)(1), substituted ‘‘subsection (b) or (f)’’ for ‘‘subsection (b)’’ and
inserted ‘‘(for which an airworthiness certificate other
than an experimental certificate has been issued by the
Administrator)’’ after ‘‘civil subsonic turbojet’’.
Subsec. (b)(1). Pub. L. 106–181, § 721(d), in first sentence, inserted ‘‘or foreign air carrier’’ after ‘‘air carrier’’, and, in last sentence, inserted ‘‘or, in the case of
a foreign air carrier, the 15th day following the date of
the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century’’ after ‘‘January 1, 1999,’’.
Subsec. (e)(4). Pub. L. 106–181, § 721(b)(2), added par.
(4).
Subsecs. (f), (g). Pub. L. 106–181, § 721(b)(3), added subsecs. (f) and (g).

§ 47529

TITLE 49—TRANSPORTATION

1999—Pub. L. 106–113, § 1000(a)(5) [title II, § 231(a)],
which directed the amendment of section 47528 by substituting ‘‘subsection (b) or (f)’’ for ‘‘subsection (b)’’ in
subsec. (a), adding a par. (4) to subsec. (e), and adding
subsec. (f) at the end, without specifying the Code title
to be amended, was repealed by Pub. L. 106–181, § 721(a).
See Construction of 2000 Amendment note below.
Subsec. (a). Pub. L. 106–113, § 1000(a)(5) [title II,
§ 231(b)(1)], which inserted ‘‘(for which an airworthiness
certificate other than an experimental certificate has
been issued by the Administrator)’’ after ‘‘civil subsonic turbojet’’, was repealed by Pub. L. 106–181, § 721(a).
See Construction of 2000 Amendment note below.

(C) an entity that is owned or controlled
by a corporation, trust, partnership, or individual described in subclause (A) or (B) of
this clause; and
(2) enters the United States not later than 6
months after the expiration of a lease agreement (including any extension) between an
owner described in clause (1) of this subsection
and a foreign carrier.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1292.)

EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

Page 1094

HISTORICAL AND REVISION NOTES
Revised
Section
47529 ..........

Source (U.S. Code)
49 App.:2158.

Nov. 5, 1990, Pub. L. 101–508,
§ 9309, 104 Stat. 1388–384;
Oct. 31, 1992, Pub. L.
102–581, § 136(b), 106 Stat.
4889.

REGULATIONS
Pub. L. 106–181, title VII, § 721(c)(2), Apr. 5, 2000, 114
Stat. 165, provided that: ‘‘Regulations contained in
title 14, Code of Federal Regulations, that implement
section 47528 of title 49, United States Code, and related
provisions shall be deemed to incorporate the amendment made by paragraph (1) [amending this section] on
the date of the enactment of this Act [Apr. 5, 2000].’’
CONSTRUCTION OF 2000 AMENDMENT
Pub. L. 106–181, title VII, § 721(a), Apr. 5, 2000, 114 Stat.
164, provided that: ‘‘Section 231 of H.R. 3425 of the 106th
Congress, as enacted into law by section 1000(a)(5) of
Public Law 106–113 [amending this section], is repealed
and the provisions of law amended by such section shall
be read as if such section had not been enacted into
law.’’
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (d)(2) of this section relating to the requirement that the Secretary submit an annual report to
Congress, see section 3003 of Pub. L. 104–66, as amended,
set out as a note under section 1113 of Title 31, Money
and Finance, and the 7th item on page 132 of House
Document No. 103–7.

§ 47529. Nonaddition rule
(a) GENERAL LIMITATIONS.—Except as provided
in subsection (b) of this section and section 47530
of this title, a person may operate a civil subsonic turbojet aircraft with a maximum weight
of more than 75,000 pounds that is imported into
the United States after November 4, 1990, only if
the aircraft—
(1) complies with the stage 3 noise levels; or
(2) was purchased by the person importing
the aircraft into the United States under a legally binding contract made before November
5, 1990.
(b) EXEMPTIONS.—The Secretary of Transportation may provide an exemption from subsection (a) of this section to permit a person to
obtain modifications to an aircraft to meet the
stage 3 noise levels.
(c) AIRCRAFT DEEMED NOT IMPORTED.—In this
section, an aircraft is deemed not to have been
imported into the United States if the aircraft—
(1) was owned on November 5, 1990, by—
(A) a corporation, trust, or partnership organized under the laws of the United States
or a State (including the District of Columbia);
(B) an individual who is a citizen of the
United States; or

Source (Statutes at Large)

§ 47530. Nonapplication of sections 47528(a)–(d)
and 47529 to aircraft outside the 48 contiguous States
Sections 47528(a)–(d) and 47529 of this title do
not apply to aircraft used only to provide air
transportation outside the 48 contiguous States.
A civil subsonic turbojet aircraft with a maximum weight of more than 75,000 pounds that is
imported into a noncontiguous State or a territory or possession of the United States after November 4, 1990, may be used to provide air transportation in the 48 contiguous States only if the
aircraft complies with the stage 3 noise levels.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1293.)
HISTORICAL AND REVISION NOTES
Revised
Section
47530 ..........

Source (U.S. Code)
49 App.:2157(d).

§ 47531.
Penalties
47528–47530

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9308(d), 104 Stat. 1388–383;
Oct. 28, 1991, Pub. L.
102–143, § 349(a), 105 Stat.
949.

for

violating

sections

A person violating section 47528, 47529, or 47530
of this title or a regulation prescribed under any
of those sections is subject to the same civil
penalties and procedures under chapter 463 of
this title as a person violating section 44701(a)
or (b) or any of sections 44702–44716 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1293;
Pub. L. 103–429, § 6(73), Oct. 31, 1994, 108 Stat.
4388.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
47531 ..........

Source (U.S. Code)
49 App.:2157(e).

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9308(e), 104 Stat. 1388–383.

PUB. L. 103–429
This amends 49:47531 to correct a grammatical error
and erroneous cross-references.

Page 1095
AMENDMENTS

1994—Pub. L. 103–429 substituted ‘‘section 47528’’ for
‘‘sections 47528’’ and inserted ‘‘any of’’ before ‘‘those’’
and ‘‘any of sections’’ before ‘‘44702–44716’’.
EFFECTIVE DATE OF 1994 AMENDMENT

Sec.

48103.
48104.
48105.
48106.
48107.

Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

48108.
48109.

§ 47532. Judicial review

48110.

An action taken by the Secretary of Transportation under any of sections 47528–47531 of this
title is subject to judicial review as provided
under section 46110 of this title.

48111.
48112.
48113.
48114.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1293;
Pub. L. 103–429, § 6(74), Oct. 31, 1994, 108 Stat.
4388.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47532 ..........

49 App.:2157(f).

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9308(f), 104 Stat. 1388–383.

PUB. L. 103–429
This amends 49:47532 to correct an erroneous crossreference.
AMENDMENTS
1994—Pub. L. 103–429 inserted ‘‘any of’’ before ‘‘sections’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

§ 47533. Relationship to other laws
Except as provided by section 47524 of this
title, this subchapter does not affect—
(1) law in effect on November 5, 1990, on airport noise or access restrictions by local authorities;
(2) any proposed airport noise or access restriction at a general aviation airport if the
airport proprietor has formally initiated a regulatory or legislative process before October 2,
1990; or
(3) the authority of the Secretary of Transportation to seek and obtain legal remedies
the Secretary considers appropriate, including
injunctive relief.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1293.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47533 ..........

49 App.:2153(h).

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9304(h), 104 Stat. 1388–382.

PART C—FINANCING
CHAPTER 481—AIRPORT AND AIRWAY
TRUST FUND AUTHORIZATIONS
Sec.

48101.
48102.

§ 48101

TITLE 49—TRANSPORTATION

Air navigation facilities and equipment.
Research and development.

Airport planning and development and noise
compatibility planning and programs.
Operations and maintenance.
Weather reporting services.
Airway science curriculum grants.
Civil aviation security research and development.
Availability and uses of amounts.
Submission of budget information and legislative recommendations and comments.
Facilities for advanced training of maintenance technicians for air carrier aircraft.
Funding proposals.
Adjustment to AIP program funding.
Reprogramming notification requirement.
Funding for aviation programs.
AMENDMENTS

2003—Pub. L. 108–176, title I, § 104(b), Dec. 12, 2003, 117
Stat. 2497, added item 48114.
2000—Pub. L. 106–181, title I, §§ 107(b), 108(b), Apr. 5,
2000, 114 Stat. 73, 74, added items 48112 and 48113.
1996—Pub. L. 104–264, title I, §§ 102(b)(2), 103(d)(2), title
II, § 275(b), Oct. 9, 1996, 110 Stat. 3216, 3217, 3247, inserted
‘‘and equipment’’ after ‘‘facilities’’ in item 48101, substituted ‘‘Operations and maintenance’’ for ‘‘Certain direct costs and joint air navigation services’’ in item
48104, and added item 48111.

§ 48101. Air navigation facilities and equipment
(a) GENERAL AUTHORIZATION
TIONS.—Not more than a total

OF APPROPRIAof the following
amounts may be appropriated to the Secretary
of Transportation out of the Airport and Airway
Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502) to
acquire, establish, and improve air navigation
facilities under section 44502(a)(1)(A) of this
title:
(1) $3,138,000,000 for fiscal year 2004;
(2) $2,993,000,000 for fiscal year 2005;
(3) $3,053,000,000 for fiscal year 2006;
(4) $3,110,000,000 for fiscal year 2007;
(5) $2,742,095,000 for fiscal year 2009; and
(6) $1,466,888,500 for the 6-month period beginning on October 1, 2009.

(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this section remain available
until expended.
(c) ENHANCED SAFETY AND SECURITY FOR AIRCRAFT OPERATIONS IN THE GULF OF MEXICO.—Of
amounts appropriated under subsection (a), such
sums as may be necessary for fiscal years 2004
through 2007 may be used to expand and improve
the safety, efficiency, and security of air traffic
control, navigation, low altitude communications and surveillance, and weather services in
the Gulf of Mexico.
(d) OPERATIONAL BENEFITS OF WAKE VORTEX
ADVISORY SYSTEM.—Of amounts appropriated
under subsection (a), such sums as may be necessary for each of fiscal years 2004 through 2007
may be used for the development and analysis of
wake vortex advisory systems.
(e) GROUND-BASED PRECISION NAVIGATIONAL
AIDS.—Of amounts appropriated under subsection (a), such sums as may be necessary for
each of fiscal years 2004 to 2007 may be used to
establish a program for the installation of a precision approach aid designed to improve aircraft
accessibility at mountainous airports with limited land if the approach aid is able to provide

§ 48101

TITLE 49—TRANSPORTATION

curved and segmented approach guidance for
noise abatement purposes and other such approach aids and is certified or approved by the
Administrator.
(f) AUTOMATED SURFACE OBSERVATION SYSTEM/
AUTOMATED WEATHER OBSERVING SYSTEM UPGRADE.—Of the amounts appropriated under subsection (a), such sums as may be necessary may
be used for the implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated.
(g) LIFE-CYCLE COST ESTIMATES.—The Administrator of the Federal Aviation Administration
shall establish life-cycle cost estimates for any
air traffic control modernization project the
total life-cycle costs of which equal or exceed
$50,000,000.
(h) STANDBY POWER EFFICIENCY PROGRAM.—Of
amounts appropriated under subsection (a), such
sums as may be necessary for each of fiscal
years 2004 through 2007 may be used by the Secretary of Transportation, in cooperation with
the Secretary of Energy and, where applicable,
the Secretary of Defense, to establish a program
to improve the efficiency, cost effectiveness, and
environmental performance of standby power
systems at Federal Aviation Administration
sites, including the implementation of fuel cell
technology.
(i) PILOT PROGRAM TO PROVIDE INCENTIVES FOR
OF
NEW
TECHNOLOGIES.—Of
DEVELOPMENT
amounts appropriated under subsection (a),
$500,000 for fiscal year 2004 may be used for the
conduct of a pilot program to provide operating
incentives to users of the airspace for the deployment of new technologies, including technologies to facilitate expedited flight routing
and sequencing of takeoffs and landings.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1294;
Pub. L. 103–305, title I, § 102(a), Aug. 23, 1994, 108
Stat. 1571; Pub. L. 104–264, title I, § 102(a), (b)(1),
Oct. 9, 1996, 110 Stat. 3216; Pub. L. 106–6, § 3, Mar.
31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, § 102,
Apr. 5, 2000, 114 Stat. 65; Pub. L. 108–176, title I,
§ 102, Dec. 12, 2003, 117 Stat. 2494; Pub. L. 110–330,
§ 7, Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–12,
§ 7, Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, § 7,
Oct. 1, 2009, 123 Stat. 2056; Pub. L. 111–116, § 7,
Dec. 16, 2009, 123 Stat. 3033.)
HISTORICAL AND REVISION NOTES
Revised
Section
48101(a) ......

Source (U.S. Code)
49 App.:2202(a)(24).

49 App.:2205(a)(1)
(1st sentence).

48101(b) ......

49 App.:2202(a)(24).
49 App.:2205(a)(2)
(1st sentence).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(24), 96 Stat. 674;
Dec. 30, 1987, Pub. L.
100–223,
§ 103(c)(1),
101
Stat. 1488.
Sept. 3, 1982, Pub. L. 97–248,
§ 506(a)(1), 96 Stat. 677; restated Dec. 30, 1987, Pub.
L. 100–223, § 105(a)(2), 101
Stat. 1490; Nov. 5, 1990,
Pub. L. 101–508, § 9105(b),
104 Stat. 1388–355; Oct. 31,
1992, Pub. L. 102–581,
§ 103(a), 106 Stat. 4877.
Sept. 3, 1982, Pub. L. 97–248,
§ 506(a)(2), 96 Stat. 677;
Dec. 30, 1987, Pub. L.
100–223,
§ 105(a)(2),
101
Stat. 1490; restated Oct.
31, 1992, Pub. L. 102–581,
§ 103(b), 106 Stat. 4877.

Page 1096

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

48101(c) ......

49 App.:2205(a)(1)
(last sentence), (2)
(last sentence).

Source (Statutes at Large)

In subsection (a), the words ‘‘to the Secretary of
Transportation’’ are added for clarity and consistency
in this chapter. The words ‘‘for fiscal years beginning
after September 30, 1990’’ and ‘‘$2,500,000,000 for fiscal
year 1991’’ are omitted as obsolete.
AMENDMENTS
2009—Subsec. (a)(5). Pub. L. 111–12 substituted
‘‘$2,742,095,000 for fiscal year 2009’’ for ‘‘$1,360,188,750 for
the 6-month period beginning on October 1, 2008’’.
Subsec. (a)(6). Pub. L. 111–116 amended par. (6) generally. Prior to amendment, par. (6) read as follows:
‘‘$733,444,250 for the 3-month period beginning on October 1, 2009.’’
Pub. L. 111–69 added par. (6).
2008—Subsec. (a)(5). Pub. L. 110–330 added par. (5).
2003—Subsec. (a)(1) to (5). Pub. L. 108–176, § 102(1),
added pars. (1) to (4) and struck out formers par. (1) to
(5) which read as follows:
‘‘(1) $2,131,000,000 for fiscal year 1999.
‘‘(2) $2,689,000,000 for fiscal year 2000.
‘‘(3) $2,656,765,000 for fiscal year 2001.
‘‘(4) $2,914,000,000 for fiscal year 2002.
‘‘(5) $2,981,022,000 for fiscal year 2003.’’
Subsecs. (b) to (e). Pub. L. 108–176, § 102(2), (3), added
subsecs. (c) to (e), redesignated former subsec. (c) as
(b), and struck out former subsecs. (b), (d) and (e),
which related, respectively, to major airway capital investment plan changes, universal access systems, and
the Alaska National Air Space Interfacility Communications System.
Subsec. (f). Pub. L. 108–176, § 102(4), struck out ‘‘for
fiscal years beginning after September 30, 2000’’ after
‘‘appropriated under subsection (a)’’ and inserted ‘‘may
be used’’ after ‘‘may be necessary’’.
Subsecs. (h), (i). Pub. L. 108–176, § 102(5), added subsecs. (h) and (i).
2000—Subsec. (a). Pub. L. 106–181, § 102(a), added pars.
(1) to (5) and struck out former pars. (1) to (3) which
read as follows:
‘‘(1) $2,068,000,000 for fiscal year 1997.
‘‘(2) $2,129,000,000 for fiscal year 1998.
‘‘(3) $2,131,000,000 for fiscal year 1999.’’
Subsec. (d). Pub. L. 106–181, § 102(b), added subsec. (d).
Subsec. (e). Pub. L. 106–181, § 102(c), added subsec. (e).
Subsec. (f). Pub. L. 106–181, § 102(d), added subsec. (f).
Subsec. (g). Pub. L. 106–181, § 102(e), added subsec. (g).
1999—Subsec. (a)(3). Pub. L. 106–6 added par. (3).
1996—Pub. L. 104–264, § 102(b)(1), inserted ‘‘and equipment’’ after ‘‘facilities’’ in section catchline.
Subsec. (a). Pub. L. 104–264, § 102(a), added pars. (1)
and (2) and struck out former pars. (1) to (4) which read
as follows:
‘‘(1) For the fiscal years ending September 30,
1991–1993, $8,200,000,000.
‘‘(2) For the fiscal years ending September 30,
1991–1994, $10,724,000,000.
‘‘(3) For the fiscal years ending September 30,
1991–1995, $13,394,000,000.
‘‘(4) For the fiscal years ending September 30,
1991–1996, $16,129,000,000.’’
1994—Subsec. (a)(1). Pub. L. 103–305, § 102(a)(1), substituted ‘‘For’’ for ‘‘for’’.
Subsec. (a)(2). Pub. L. 103–305, § 102(a)(2), substituted
‘‘For’’
for
‘‘for’’
and
‘‘$10,724,000,000’’
for
‘‘$11,100,000,000’’.
Subsec. (a)(3). Pub. L. 103–305, § 102(a)(3), substituted
‘‘For’’
for
‘‘for’’
and
‘‘$13,394,000,000’’
for
‘‘$14,000,000,000’’.
Subsec. (a)(4). Pub. L. 103–305, § 102(a)(4), added par.
(4).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as other-

Page 1097

TITLE 49—TRANSPORTATION

§ 48102

wise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

(J) $5,199,000 for innovative/cooperative research projects and activities;

EFFECTIVE DATE OF 2000 AMENDMENT

(2) for fiscal year 1996—
(A) $8,056,000 for management and analysis
projects and activities;
(B) $84,946,000 for capacity and air traffic
management technology projects and activities;
(C) $41,204,000 for communications, navigation, and surveillance projects and activities;
(D) $3,054,000 for weather projects and activities;
(E) $9,093,000 for airport technology
projects and activities;
(F) $53,554,000 for aircraft safety technology projects and activities;
(G) $38,434,000 for system security technology projects and activities;
(H) $27,808,000 for human factors and aviation medicine projects and activities;
(I) $8,532,000 for environment and energy
projects and activities; and
(J) $5,459,000 for innovative/cooperative research projects and activities;

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
FACILITIES AND EQUIPMENT REPORTS
Pub. L. 108–176, title I, § 184, Dec. 12, 2003, 117 Stat.
2517, provided that:
‘‘(a) BIANNUAL REPORTS.—Beginning 180 days after
the date of enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration
shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and
Infrastructure every 6 months that describes—
‘‘(1) the 10 largest programs funded under section
48101(a) of title 49, United States Code;
‘‘(2) any changes in the budget for such programs;
‘‘(3) the program schedule; and
‘‘(4) technical risks associated with the programs.
‘‘(b) SUNSET PROVISION.—This section shall cease to
be effective beginning on the date that is 4 years after
the date of enactment of this Act [Dec. 12, 2003].’’
FUNDING FOR AVIATION PROGRAMS
Pub. L. 106–181, title I, § 106(a)–(c), Apr. 5, 2000, 114
Stat. 72, 73, which related to budget resources made
available from the Airport and Airway Trust Fund
through fiscal year 2003, was repealed by Pub. L.
108–176, title I, § 104(c), Dec. 12, 2003, 117 Stat. 2497.

§ 48102. Research and development
(a) AUTHORIZATION OF APPROPRIATIONS.—Not
more than the following amounts may be appropriated to the Secretary of Transportation out
of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502) for conducting civil
aviation research and development under sections 44504, 44505, 44507, 44509, and 44511–44513 of
this title:
(1) for fiscal year 1995—
(A) $7,673,000 for management and analysis
projects and activities;
(B) $80,901,000 for capacity and air traffic
management technology projects and activities;
(C) $39,242,000 for communications, navigation, and surveillance projects and activities;
(D) $2,909,000 for weather projects and activities;
(E) $8,660,000 for airport technology
projects and activities;
(F) $51,004,000 for aircraft safety technology projects and activities;
(G) $36,604,000 for system security technology projects and activities;
(H) $26,484,000 for human factors and aviation medicine projects and activities;
(I) $8,124,000 for environment and energy
projects and activities; and

(3) for fiscal year 1997—
(A) $13,660,000 for system development and
infrastructure projects and activities;
(B) $34,889,000 for capacity and air traffic
management technology projects and activities;
(C) $19,000,000 for communications, navigation, and surveillance projects and activities;
(D) $13,000,000 for weather projects and activities;
(E) $5,200,000 for airport technology projects and activities;
(F) $36,504,000 for aircraft safety technology projects and activities;
(G) $57,055,000 for system security technology projects and activities;
(H) $23,504,000 for human factors and aviation medicine projects and activities;
(I) $3,600,000 for environment and energy
projects and activities; and
(J) $2,000,000 for innovative/cooperative research projects and activities;
(4) for fiscal year 1998, $226,800,000, including—
(A) $16,379,000 for system development and
infrastructure projects and activities;
(B) $27,089,000 for capacity and air traffic
management technology projects and activities;
(C) $23,362,000 for communications, navigation, and surveillance projects and activities;
(D) $16,600,000 for weather projects and activities;
(E) $7,854,000 for airport technology
projects and activities;
(F) $49,202,000 for aircraft safety technology projects and activities;
(G) $53,759,000 for system security technology projects and activities;
(H) $26,550,000 for human factors and aviation medicine projects and activities;
(I) $2,891,000 for environment and energy
projects and activities; and

§ 48102

TITLE 49—TRANSPORTATION

(J) $3,114,000 for innovative/cooperative research projects and activities, of which
$750,000 shall be for carrying out the grant
program established under subsection (h);
(5) for fiscal year 1999, $229,673,000;
(6) for fiscal year 2000, $224,000,000, including—
(A) $17,269,000 for system development and
infrastructure projects and activities;
(B) $33,042,500 for capacity and air traffic
management technology projects and activities;
(C) $11,265,400 for communications, navigation, and surveillance projects and activities;
(D) $19,300,000 for weather projects and activities;
(E) $6,358,200 for airport technology
projects and activities;
(F) $44,457,000 for aircraft safety technology projects and activities;
(G) $53,218,000 for system security technology projects and activities;
(H) $26,207,000 for human factors and aviation medicine projects and activities;
(I) $3,481,000 for environment and energy
projects and activities; and
(J) $2,171,000 for innovative/cooperative research projects and activities, of which
$750,000 shall be for carrying out subsection
(h);
(7) for fiscal year 2001, $237,000,000;
(8) for fiscal year 2002, $249,000,000;
(9) for fiscal year 2004, $346,317,000, including—
(A) $65,000,000 for Improving Aviation Safety;
(B) $24,000,000 for Weather Safety Research;
(C) $27,500,000 for Human Factors and
Aeromedical Research;
(D) $30,000,000 for Environmental Research
and Development, of which $20,000,000 shall
be for research activities related to reducing
community exposure to civilian aircraft
noise or emissions;
(E) $7,000,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperative
Research Program;
(G) $1,500,000 for carrying out subsection
(h) of this section;
(H) $42,800,000 for Advanced Technology
Development and Prototyping;
(I) $30,300,000 for Safe Flight 21;
(J) $90,800,000 for the Center for Advanced
Aviation System Development;
(K) $9,667,000 for Airports Technology-Safety; and
(L) $7,750,000 for Airports Technology-Efficiency;
(10) for fiscal year 2005, $356,192,000, including—
(A) $65,705,000 for Improving Aviation Safety;
(B) $24,260,000 for Weather Safety Research;
(C) $27,800,000 for Human Factors and
Aeromedical Research;
(D) $30,109,000 for Environmental Research
and Development, of which $20,000,000 shall

Page 1098

be for research activities related to reducing
community exposure to civilian aircraft
noise or emissions;
(E) $7,076,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperative
Research Program;
(G) $1,650,000 for carrying out subsection
(h) of this section;
(H) $43,300,000 for Advanced Technology
Development and Prototyping;
(I) $31,100,000 for Safe Flight 21;
(J) $95,400,000 for the Center for Advanced
Aviation System Development;
(K) $2,200,000 for Free Flight Phase 2;
(L) $9,764,000 for Airports Technology-Safety; and
(M) $7,828,000 for Airports Technology-Efficiency;
(11) for fiscal year 2006, $352,157,000, including—
(A) $66,447,000 for Improving Aviation Safety;
(B) $24,534,000 for Weather Safety Research;
(C) $28,114,000 for Human Factors and
Aeromedical Research;
(D) $30,223,000 for Environmental Research
and Development, of which $20,000,000 shall
be for research activities related to reducing
community exposure to civilian aircraft
noise or emissions;
(E) $7,156,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperation
Research Program;
(G) $1,815,000 for carrying out subsection
(h) of this section;
(H) $42,200,000 for Advanced Technology
Development and Prototyping;
(I) $23,900,000 for Safe Flight 21;
(J) $100,000,000 for the Center for Advanced
Aviation System Development;
(K) $9,862,000 for Airports Technology-Safety; 1
(L) $7,906,000 for Airports Technology-Efficiency; and 2
(12) for fiscal year 2007, $356,261,000, including—
(A) $67,244,000 for Improving Aviation Safety;
(B) $24,828,000 for Weather Safety Research;
(C) $28,451,000 for Human Factors and
Aeromedical Research;
(D) $30,586,000 for Environmental Research
and Development, of which $20,000,000 shall
be for research activities related to reducing
community exposure to civilian aircraft
noise or emissions;
(E) $7,242,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperation
Research Program;
(G) $1,837,000 for carrying out subsection
(h) of this section;
(H) $42,706,000 for Advanced Technology
Development and Prototyping;
(I) $24,187,000 for Safe Flight 21;
(J) $101,200,000 for the Center for Advanced
Aviation System Development;
1 So
2 So

in original. Probably should be followed by ‘‘and’’.
in original. The word ‘‘and’’ probably should not appear.

Page 1099

TITLE 49—TRANSPORTATION

(K) $9,980,000 for Airports Technology-Safety; and
(L) $8,000,000 for Airports Technology-Efficiency;
(13) $171,000,000 for fiscal year 2009; and
(14) $92,500,000 for the 6-month period beginning on October 1, 2009.
(b) RESEARCH PRIORITIES.—(1) The Administrator shall consider the advice and recommendations of the research advisory committee
established by section 44508 of this title in establishing priorities among major categories of research and development activities carried out by
the Federal Aviation Administration.
(2) At least 15 percent of the amount appropriated under subsection (a) of this section shall
be for long-term research projects.
(3) At least 3 percent of the amount appropriated under subsection (a) of this section shall
be available to the Administrator of the Federal
Aviation Administration to make grants under
section 44511 of this title.
(c) TRANSFERS BETWEEN CATEGORIES.—(1) Not
more than 10 percent of the net amount authorized for a category of projects and activities in
a fiscal year under subsection (a) of this section
may be transferred to or from that category in
that fiscal year.
(2) The Secretary may transfer more than 10
percent of an authorized amount to or from a
category only after—
(A) submitting a written explanation of the
proposed transfer to the Committees on
Science and Appropriations of the House of
Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and
(B) 30 days have passed after the explanation
is submitted or each Committee notifies the
Secretary in writing that it does not object to
the proposed transfer.
(d) AIRPORT CAPACITY RESEARCH AND DEVELOPMENT.—(1) Of the amounts made available under
subsection (a) of this section, at least $25,000,000
may be appropriated each fiscal year for research and development under section 44505(a)
and (c) of this title on preserving and enhancing
airport capacity, including research and development on improvements to airport design
standards, maintenance, safety, operations, and
environmental concerns.
(2) The Administrator shall submit to the
Committees on Science and Transportation and
Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate a report on expenditures made under paragraph (1) of this subsection for each fiscal year. The report shall be
submitted not later than 60 days after the end of
the fiscal year.
(e) AIR TRAFFIC CONTROLLER PERFORMANCE RESEARCH.—Necessary amounts may be appropriated to the Secretary out of amounts in the
Fund available for research and development to
conduct research under section 44506(a) and (b)
of this title.
(f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under subsection (a) of this section
remain available until expended.

§ 48102

(h) 3 RESEARCH GRANTS PROGRAM INVOLVING
UNDERGRADUATE STUDENTS.—
(1) ESTABLISHMENT.—The Administrator of
the Federal Aviation Administration shall establish a program to utilize undergraduate
and technical colleges, including Historically
Black Colleges and Universities and Hispanic
Serving Institutions, in research on subjects
of relevance to the Federal Aviation Administration. Grants may be awarded under this
subsection for—
(A) research projects to be carried out at
primarily undergraduate institutions and
technical colleges;
(B) research projects that combine research at primarily undergraduate institutions and technical colleges with other research supported by the Federal Aviation
Administration;
(C) research on future training requirements on projected changes in regulatory requirements for aircraft maintenance and
power plant licensees; or
(D) research on the impact of new technologies and procedures, particularly those
related to aircraft flight deck and air traffic
management functions, on training requirements for pilots and air traffic controllers.
(2) NOTICE OF CRITERIA.—Within 6 months
after the date of the enactment of the FAA
Research, Engineering, and Development Authorization Act of 1998, the Administrator of
the Federal Aviation Administration shall establish and publish in the Federal Register
criteria for the submittal of proposals for a
grant under this subsection, and for the
awarding of such grants.
(3) PRINCIPAL CRITERIA.—The principal criteria for the awarding of grants under this
subsection shall be—
(A) the relevance of the proposed research
to technical research needs identified by the
Federal Aviation Administration;
(B) the scientific and technical merit of
the proposed research; and
(C) the potential for participation by undergraduate students in the proposed research.
(4) COMPETITIVE, MERIT-BASED EVALUATION.—
Grants shall be awarded under this subsection
on the basis of evaluation of proposals through
a competitive, merit-based process.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1294;
Pub. L. 103–305, title III, § 302, Aug. 23, 1994, 108
Stat. 1589; Pub. L. 104–264, title XI, §§ 1102, 1103,
Oct. 9, 1996, 110 Stat. 3278; Pub. L. 104–287, § 5(9),
(74), Oct. 11, 1996, 110 Stat. 3389, 3396; Pub. L.
105–155, §§ 2, 3, Feb. 11, 1998, 112 Stat. 5; Pub. L.
106–181, title IX, § 901, Apr. 5, 2000, 114 Stat. 194;
Pub. L. 108–176, title VII, §§ 701, 707, Dec. 12, 2003,
117 Stat. 2574, 2582; Pub. L. 110–330, § 8, Sept. 30,
2008, 122 Stat. 3719; Pub. L. 111–12, § 8, Mar. 30,
2009, 123 Stat. 1459; Pub. L. 111–69, § 8, Oct. 1, 2009,
123 Stat. 2056; Pub. L. 111–116, § 8, Dec. 16, 2009,
123 Stat. 3033.)
3 So

in original. No subsec. (g) has been enacted.

§ 48102

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section
48102(a) ......

Source (U.S. Code)
49 App.:2202(a)(24).

49 App.:2205(b)(2)
(1st sentence).

48102(b) ......
48102(c) ......

49 App.:2205(b)(2)
(last sentence).
49 App.:2205(b)(3).

48102(d) ......

49 App.:2205(b)(4).

48102(e) ......

49 App.:1353 (note).

48102(f) .......

49 App.:2205(b)(5).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(24), 96 Stat. 674;
Dec. 30, 1987, Pub. L.
100–223,
§ 103(c)(1),
101
Stat. 1488.
Sept. 3, 1982, Pub. L. 97–248,
§ 506(b)(2), 96 Stat. 678; restated Dec. 30, 1987, Pub.
L. 100–223, § 105(b)(1), 101
Stat. 1490; Nov. 3, 1988,
Pub. L. 100–591, § 7, 102
Stat. 3014; Nov. 5, 1990,
Pub. L. 101–508, § 9202, 104
Stat. 1388–372; Oct. 31,
1992, Pub. L. 102–581, § 302,
106 Stat. 4895.
Sept. 3, 1982, Pub. L. 97–248,
§ 506(b)(3), (5), 96 Stat. 678;
restated Dec. 30, 1987, Pub.
L. 100–223, § 105(b)(1), 101
Stat. 1491.
Sept. 30, 1982, Pub. L. 97–248,
§ 506(b)(4), 96 Stat. 678; restated Dec. 30, 1987, Pub.
L. 100–223, § 105(b)(1), 101
Stat. 1491; Nov. 5, 1990,
Pub. L. 101–508, § 9203, 104
Stat. 1388–373.
Nov. 3, 1988, Pub. L. 100–591,
§ 8(d), 102 Stat. 3016; Nov.
17, 1988, Pub. L. 100–685,
§ 604, 102 Stat. 4103.

In subsections (a) and (b), as to applicability of section 305(b) of the Airport and Airway Safety, Capacity,
Noise Improvement, and Intermodal Transportation
Act of 1992 (Pub. L. 102–581, 106 Stat. 4896), see section
6(b) of the bill.
In subsection (a)(1), the word ‘‘solely’’ is omitted as
surplus. Before clause (1), the words ‘‘to the Secretary
of Transportation’’ are added for clarity and consistency in this chapter.
In subsection (d)(1), the words ‘‘Notwithstanding any
other provision of this subsection’’ and ‘‘in each of fiscal years 1988, 1989, 1990, 1991, and 1992’’ are omitted as
surplus.
In subsection (d)(2), the reference to fiscal years
1988–1992 and the words ‘‘by the Administrator for research and development’’ are omitted as surplus.
REFERENCES IN TEXT
The date of the enactment of the FAA Research, Engineering, and Development Authorization Act of 1998,
referred to in subsec. (h)(2), is the date of enactment of
Pub. L. 105–155, which was approved Feb. 11, 1998.
AMENDMENTS
2009—Subsec. (a)(13). Pub. L. 111–12 substituted
‘‘$171,000,000 for fiscal year 2009’’ for ‘‘$85,507,500 for the
6-month period beginning on October 1, 2008’’.
Subsec. (a)(14). Pub. L. 111–116 amended par. (14) generally. Prior to amendment, par. (14) read as follows:
‘‘$46,250,000 for the 3-month period beginning on October 1, 2009.’’
Pub. L. 111–69 added par. (14).
2008—Subsec. (a)(11) to (13). Pub. L. 110–330 struck out
‘‘and’’ at end of subpar. (K) of par. (11), substituted
‘‘; and’’ for period at end of subpar. (L) of par. (12), and
added par. (13).
2003—Subsec. (a). Pub. L. 108–176, § 701(1), substituted
‘‘for conducting civil aviation research and development under sections 44504’’ for ‘‘to carry out sections
44504’’ in introductory provisions.
Subsec. (a)(9) to (12). Pub. L. 108–176, § 701(2)–(4), added
pars. (9) to (12).
Subsec. (h)(1)(D). Pub. L. 108–176, § 707, added subpar.
(D).
2000—Subsec. (a)(6) to (8). Pub. L. 106–181 added pars.
(6) to (8).
1998—Subsec. (a)(4). Pub. L. 105–155, § 2, added par. (4).
Subsec. (a)(4)(J). Pub. L. 105–155, § 3(b), inserted ‘‘, of
which $750,000 shall be for carrying out the grant pro-

Page 1100

gram established under subsection (h)’’ after ‘‘projects
and activities’’.
Subsec. (a)(5). Pub. L. 105–155, § 2, added par. (5).
Subsec. (h). Pub. L. 105–155, § 3(a), added subsec. (h).
1996—Subsec. (a)(3). Pub. L. 104–264, § 1102, added par.
(3).
Subsec. (b). Pub. L. 104–264, § 1103, substituted ‘‘RESEARCH PRIORITIES’’ for ‘‘AVAILABILITY FOR RESEARCH’’
in heading, added par. (1), and redesignated former
pars. (1) and (2) as (2) and (3), respectively.
Subsec. (c)(2)(A). Pub. L. 104–287, § 5(74), substituted
‘‘Committees on Science’’ for ‘‘Committees on Science,
Space, and Technology’’.
Subsec. (d)(2). Pub. L. 104–287, § 5(74), substituted
‘‘Committees on Science’’ for ‘‘Committees on Science,
Space, and Technology’’.
Pub. L. 104–287, § 5(9), substituted ‘‘Transportation
and Infrastructure’’ for ‘‘Public Works and Transportation’’.
1994—Subsec. (a)(1), (2). Pub. L. 103–305 inserted pars.
(1) and (2) and struck out former pars. (1) and (2) which
read as follows:
‘‘(1) for the fiscal year ending September 30, 1993—
‘‘(A) $14,700,000 only for management and analysis
projects and activities.
‘‘(B) $87,000,000 only for capacity and air traffic
management technology projects and activities.
‘‘(C) $28,000,000 only for communications, navigation, and surveillance projects and activities.
‘‘(D) $7,700,000 only for weather projects and activities.
‘‘(E) $6,800,000 only for airport technology projects
and activities.
‘‘(F) $44,000,000 only for aircraft safety technology
projects and activities.
‘‘(G) $41,100,000 only for system security technology
projects and activities.
‘‘(H) $31,000,000 only for human factors and aviation
medicine projects and activities.
‘‘(I) $4,500,000 for environment and energy projects
and activities.
‘‘(J) $5,200,000 for innovative and cooperative research projects and activities.
‘‘(2) for the fiscal year ending September 30, 1994,
$297,000,000.’’
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
NOTICES
Pub. L. 105–155, § 4, Feb. 11, 1998, 112 Stat. 6, provided
that:
‘‘(a) REPROGRAMMING.—If any funds authorized by the
amendments made by this Act [amending this section]
are subject to a reprogramming action that requires
notice to be provided to the Appropriations Commit-

Page 1101

tees of the House of Representatives and the Senate,
notice of such action shall concurrently be provided to
the Committees on Science [now Science and Technology] and Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
‘‘(b) NOTICE OF REORGANIZATION.—The Administrator
of the Federal Aviation Administration shall provide
notice to the Committees on Science [now Science and
Technology], Transportation and Infrastructure, and
Appropriations of the House of Representatives, and
the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than
30 days before any major reorganization (as determined
by the Administrator) of any program of the Federal
Aviation Administration for which funds are authorized by this Act.’’

§ 48103. Airport planning and development and
noise compatibility planning and programs
The total amounts which shall be available
after September 30, 2003, to the Secretary of
Transportation out of the Airport and Airway
Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502) to
make grants for airport planning and airport development under section 47104 of this title, airport noise compatibility planning under section
47505(a)(2) of this title, and carrying out noise
compatibility programs under section 47504(c) of
this title shall be—
(1) $3,400,000,000 for fiscal year 2004;
(2) $3,500,000,000 for fiscal year 2005;
(3) $3,600,000,000 for fiscal year 2006;
(4) $3,700,000,000 for fiscal year 2007;
(5) $3,675,000,000 for fiscal year 2008;
(6) $3,900,000,000 for fiscal year 2009; and
(7) $2,000,000,000 for the 6-month period beginning on October 1, 2009.
Such sums shall remain available until expended.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1296;
Pub. L. 103–305, title I, § 101(a), Aug. 23, 1994, 108
Stat. 1570; Pub. L. 104–264, title I, § 101(a), Oct. 9,
1996, 110 Stat. 3216; Pub. L. 105–277, div. C, title
I, § 110(b)(1), Oct. 21, 1998, 112 Stat. 2681–587; Pub.
L. 106–6, § 2(a), Mar. 31, 1999, 113 Stat. 10; Pub. L.
106–31, title VI, § 6002(a), May 21, 1999, 113 Stat.
113; Pub. L. 106–59, § 1(a), Sept. 29, 1999, 113 Stat.
482; Pub. L. 106–181, title I, § 101(a), Apr. 5, 2000,
114 Stat. 65; Pub. L. 108–176, title I, § 101(a), Dec.
12, 2003, 117 Stat. 2494; Pub. L. 110–190, § 4(a)(1),
Feb. 28, 2008, 122 Stat. 643; Pub. L. 110–253, § 4(a),
June 30, 2008, 122 Stat. 2418; Pub. L. 110–330,
§ 4(a)(1), Sept. 30, 2008, 122 Stat. 3717; Pub. L.
111–12, § 4(a), Mar. 30, 2009, 123 Stat. 1457; Pub. L.
111–69, § 4(a)(1), Oct. 1, 2009, 123 Stat. 2054; Pub. L.
111–116, § 4(a)(1), Dec. 16, 2009, 123 Stat. 3031.)
HISTORICAL AND REVISION NOTES
Revised
Section
48103 ..........

§ 48103

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:2202(a)(24).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(24), 96 Stat. 674;
Dec. 30, 1987, Pub. L.
100–223,
§ 103(c)(1),
101
Stat. 1488.

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)
49 App.:2204(a) (2d
sentence).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 505(a) (2d sentence), 96
Stat. 676; Jan. 6, 1983, Pub.
L. 97–424, § 426(b)(1)–(5), 96
Stat. 2167; restated Dec.
30, 1987, Pub. L. 100–223,
§ 105(e), 101 Stat. 1493; Nov.
5, 1990, Pub. L. 101–508,
§ 9104(1), 104 Stat. 1388–355;
Oct. 31, 1992, Pub. L.
102–581, § 102(a), 106 Stat.
4876.

In this section, references to the aggregate amounts
for fiscal years ending before October 1, 1987–1992, are
omitted as obsolete. The words ‘‘of which $475,000,000
shall be credited to the supplementary discretionary
fund established by section 2206(a)(3)(B)’’ are omitted
as executed. In restating section 505(a) (2d sentence) of
the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 676), the cross-reference to the
discretionary fund was retained but is incorrect because of the restatement of section 507 of the Airport
and Airway Improvement Act of 1982 (Public Law
97–248, 96 Stat. 679) by section 426(a) of the Highway Improvement Act of 1982 (Public Law 97–424, 96 Stat. 2167).
See section 47115 of the revised title.
AMENDMENTS
2009—Par. (6). Pub. L. 111–12 substituted ‘‘$3,900,000,000
for fiscal year 2009’’ for ‘‘$1,950,000,000 for the 6-month
period beginning on October 1, 2008’’.
Par. (7). Pub. L. 111–116 amended par. (7) generally.
Prior to amendment, par. (7) read as follows:
‘‘$1,000,000,000 for the 3-month period beginning on October 1, 2009.’’
Par. (7). Pub. L. 111–69 added par. (7).
2008—Par. (5). Pub. L. 110–253 amended par. (5) generally. Prior to amendment, par. (5) read as follows:
‘‘$2,756,250,000 for the 9-month period beginning October
1, 2007.’’
Pub. L. 110–190 added par. (5).
Par. (6). Pub. L. 110–330 added par. (6).
2003—Pub. L. 108–176, § 101(a)(1), substituted ‘‘September 30, 2003’’ for ‘‘September 30, 1998’’ in introductory
provisions.
Pars. (1) to (5). Pub. L. 108–176, § 101(a)(2), added pars.
(1) to (4) and struck out former pars. (1) to (5) which
read as follows:
‘‘(1) $2,410,000,000 for fiscal year 1999;
‘‘(2) $2,475,000,000 for fiscal year 2000;
‘‘(3) $3,200,000,000 for fiscal year 2001;
‘‘(4) $3,300,000,000 for fiscal year 2002; and
‘‘(5) $3,400,000,000 for fiscal year 2003.’’
2000—Pub. L. 106–181 substituted ‘‘shall be—’’ along
with pars. (1) to (5) and concluding provisions for ‘‘shall
be $2,410,000,000 for the fiscal year ending September 30,
1999.’’
1999—Pub. L. 106–59 substituted ‘‘$2,410,000,000 for the
fiscal
year
ending
September
30,
1999.’’
for
‘‘$2,050,000,000 for the period beginning October 1, 1998
and ending August 6, 1999.’’
Pub. L. 106–31 substituted ‘‘$2,050,000,000 for the period
beginning October 1, 1998 and ending August 6, 1999.’’
for ‘‘$1,607,000,000 for the 8-month period beginning October 1, 1998.’’.
Pub. L. 106–6 substituted ‘‘$1,607,000,000 for the 8month period beginning October 1, 1998.’’ for
‘‘$1,205,000,000 for the six-month period beginning October 1, 1998’’.
1998—Pub. L. 105–277 substituted ‘‘September 30, 1998’’
for ‘‘September 30, 1996’’ and ‘‘$1,205,000,000 for the sixmonth period beginning October 1, 1998’’ for
‘‘$2,280,000,000 for fiscal years ending before October 1,
1997, and $4,627,000,000 for fiscal years ending before October 1, 1998.’’
1996—Pub. L. 104–264 substituted ‘‘September 30, 1996’’
for ‘‘September 30, 1981’’ and ‘‘$2,280,000,000 for fiscal

§ 48104

TITLE 49—TRANSPORTATION

years ending before October 1, 1997, and $4,627,000,000 for
fiscal years ending before October 1, 1998.’’ for
‘‘$17,583,500,000 for fiscal years ending before October 1,
1994, $19,744,500,000 for fiscal years ending before October 1, 1995, and $21,958,500,000 for fiscal years ending before October 1, 1996.’’
1994—Pub. L. 103–305 substituted ‘‘The total amounts
which shall be available after September 30, 1981, to the
Secretary of Transportation’’ for ‘‘Not more than a
total of $15,966,700,000 is available to the Secretary of
Transportation for the fiscal years ending September
30, 1982–1993,’’ and inserted before period at end ‘‘shall
be $17,583,500,000 for fiscal years ending before October
1, 1994, $19,744,500,000 for fiscal years ending before October 1, 1995, and $21,958,500,000 for fiscal years ending
before October 1, 1996’’.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–253 effective July 1, 2008,
see section 4(c) of Pub. L. 110–253, set out as a note
under section 47104 of this title.

nancing of air navigation services assessed
against the United States Government.
[(b), (c). Repealed. Pub. L. 106–181, title I,
§ 106(d)(2), Apr. 5, 2000, 114 Stat. 73.]
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1296;
Pub. L. 103–305, title I, § 102(b), Aug. 23, 1994, 108
Stat. 1571; Pub. L. 104–264, title I, § 103(b), (d)(1),
Oct. 9, 1996, 110 Stat. 3216; Pub. L. 104–287, § 5(87),
Oct. 11, 1996, 110 Stat. 3398; Pub. L. 106–181, title
I, § 106(d), Apr. 5, 2000, 114 Stat. 73.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
48104(a) ......

Source (U.S. Code)
49 App.:2202(a)(24).

49 App.:2205(c)(1).

EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.

Page 1102

48104(b) ......

49 App.:2205(c)(2).

EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

49 App.:2205(c)(3).

EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.
NOTICE OF GRANTS
Pub. L. 106–181, title I, § 159, Apr. 5, 2000, 114 Stat. 90,
provided that:
‘‘(a) TIMELY ANNOUNCEMENT.—The Secretary [of
Transportation] shall announce a grant to be made
with funds made available under section 48103 of title
49, United States Code, in a timely fashion after receiving necessary documentation concerning the grant
from the Administrator [of the Federal Aviation Administration].
‘‘(b) NOTICE TO COMMITTEES.—If the Secretary provides any committee of Congress advance notice of a
grant to be made with funds made available under section 48103 of title 49, United States Code, the Secretary
shall provide, on the same date, such notice to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.’’

§ 48104. Operations and maintenance
(a) AUTHORIZATION OF APPROPRIATIONS.—the 1
balance of the money available in the Airport
and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26
U.S.C. 9502) may be appropriated to the Secretary of Transportation out of the Fund for—
(1) direct costs the Secretary incurs to flight
check, operate, and maintain air navigation
facilities referred to in section 44502(a)(1)(A) of
this title safely and efficiently; and
(2) the costs of services provided under international agreements related to the joint fi1 So

in original. Probably should be capitalized.

49 App.:2205(c)(4).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(24), 96 Stat. 674;
Dec. 30, 1987, Pub. L.
100–223,
§ 103(c)(1),
101
Stat. 1488.
Sept. 3, 1982, Pub. L. 97–248,
§ 506(c)(1), 96 Stat. 678;
Dec. 30, 1987, Pub. L.
100–223, § 105(g)(2)(A), (C),
101 Stat. 1494.
Sept. 3, 1982, Pub. L. 97–248,
§ 506(c)(2), 96 Stat. 678;
Jan. 6, 1983, Pub. L. 97–424,
§ 426(c), 96 Stat. 2168; Dec.
30, 1987, Pub. L. 100–223,
§ 105(g)(2)(B), (C), 101 Stat.
1494.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 506(c)(3);
added Dec. 30, 1987, Pub.
L. 100–223, § 105(c)(1), 101
Stat. 1492; Nov. 5, 1990,
Pub. L. 101–508, § 9107(a),
104 Stat. 1388–355.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 506(c)(4);
added Nov. 5, 1990, Pub. L.
101–508, § 9107(b), 104 Stat.
1388–355; Oct. 31, 1992, Pub.
L. 102–581, § 103(c)(1), 106
Stat. 4877.

In subsection (a), before clause (1), the words ‘‘Except
as provided in this section’’ are added for clarity. The
words ‘‘to the Secretary of Transportation’’ are added
for clarity and consistency in this chapter.
In subsection (b), the text of 49 App.:2205(c)(2) and (3)
and the reference to fiscal years 1991 and 1992 in 49
App:2205(c)(4) are omitted as obsolete.
PUB. L. 104–287
This makes a clarifying amendment to the catchline
for 49:48104(b).
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–181, § 106(d)(1), struck
out ‘‘Except as provided in this section,’’ before ‘‘the
balance of the money’’ in introductory provisions.
Subsecs. (b), (c). Pub. L. 106–181, § 106(d)(2), struck out
heading and text of subsecs. (b) and (c), which set out
funding limitations for fiscal year 1993 and fiscal years
1994 to 1998, respectively.
1996—Pub. L. 104–264, § 103(d)(1), substituted ‘‘Operations and maintenance’’ for ‘‘Certain direct costs and
joint air navigation services’’ in section catchline.
Subsec. (b). Pub. L. 104–287 substituted ‘‘YEAR’’ for
‘‘YEARS’’ in heading.
Subsec. (c). Pub. L. 104–264, § 103(b)(1), (2), substituted
‘‘1998’’ for ‘‘1996’’ in heading and ‘‘1994 through 1998’’ for
‘‘1994, 1995, and 1996’’ in introductory provisions.
Subsec. (c)(2)(A). Pub. L. 104–264, § 103(b)(3), substituted ‘‘72.5 percent’’ for ‘‘70 percent’’.
1994—Subsec. (b). Pub. L. 103–305, § 102(b)(1), (2), inserted ‘‘FOR FISCAL YEARS 1993’’ in heading and substituted ‘‘fiscal year 1993’’ for ‘‘each of the fiscal years
ending September 30, 1993–1995,’’ in introductory provisions.
Subsec. (c). Pub. L. 103–305, § 102(b)(3), added subsec.
(c).

Page 1103

EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

§ 48105. Weather reporting services
To reimburse the Secretary of Commerce for
the cost incurred by the National Oceanic and
Atmospheric
Administration
of
providing
weather reporting services to the Federal Aviation Administration, the Secretary of Transportation may expend from amounts available
under section 48104 of this title not more than
the following amounts:
(1) for the fiscal year ending September 30,
1993, $35,596,000.
(2) for the fiscal year ending September 30,
1994, $37,800,000.
(3) for the fiscal year ending September 30,
1995, $39,000,000.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1296.)
HISTORICAL AND REVISION NOTES

48105 ..........

Source (U.S. Code)
49 App.:2205(d).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 506(d), 96 Stat. 678; Dec.
30, 1987, Pub. L. 100–223,
§ 105(c)(2), 101 Stat. 1493;
Nov. 5, 1990, Pub. L.
101–508, §§ 9108, 9204, 104
Stat. 1388–355, 1388–373;
Oct. 31, 1992, Pub. L.
102–581, § 103(d), 106 Stat.
4877.

The words ‘‘for fiscal years beginning after September 30, 1982’’ are omitted as obsolete. The words ‘‘Secretary of Commerce’’ are substituted for ‘‘National
Oceanic and Atmospheric Administration’’ because of
15:1501. The words ‘‘The Federal Aviation Administration with’’ are omitted as surplus.

§ 48106. Airway science curriculum grants
Amounts are available from the Airport and
Airway Trust Fund established under section
9502 of the Internal Revenue Code of 1986 (26
U.S.C. 9502) to carry out section 44510 of this
title. The amounts remain available until expended.

Source (Statutes at Large)
Oct. 6, 1992, Pub. L. 102–388,
(2d sentence in par. under
heading ‘‘Facilities and
Equipment’’), 106 Stat.
1526.

EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.

Revised
Section

§ 48108

TITLE 49—TRANSPORTATION

This section is substituted for the source provisions
for clarity and because of the restatement.

§ 48107. Civil aviation security research and development
After the review under section 44912(b) of this
title is completed, necessary amounts may be
appropriated to the Secretary of Transportation
out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502) to make grants
under section 44912(a)(4)(A).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1297.)
HISTORICAL AND REVISION NOTES
Revised
Section
48107 ..........

Source (U.S. Code)
49 App.:1357(d)(9).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(d)(9);
added Nov. 16, 1990, Pub.
L. 101–604, § 107, 104 Stat.
3077.

The words ‘‘to the Secretary of Transportation’’ are
added for clarity and consistency in this chapter.

§ 48108. Availability and uses of amounts
(a) AVAILABILITY OF AMOUNTS.—Amounts equal
to the amounts authorized under sections
48101–48105 of this title remain in the Airport
and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26
U.S.C. 9502) until appropriated for the purposes
of sections 48101–48105.
(b) LIMITATIONS ON USES.—(1) Amounts in the
Fund may be appropriated only to carry out a
program or activity referred to in this chapter.
(2) Amounts in the Fund may be appropriated
for administrative expenses of the Department
of Transportation or a component of the Department only to the extent authorized by section
48104 of this title.
(c) LIMITATION ON OBLIGATING OR EXPENDING
AMOUNTS.—In a fiscal year beginning after September 30, 1998, the Secretary of Transportation
may obligate or expend an amount appropriated
out of the Fund under section 48104 of this title
only if a law expressly amends section 48104.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1296.)

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1297;
Pub. L. 103–305, title I, § 102(c), Aug. 23, 1994, 108
Stat. 1571; Pub. L. 104–264, title I, § 103(c), Oct. 9,
1996, 110 Stat. 3216.)

HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES

Revised
Section
48106 ..........

Source (U.S. Code)
49 App.:1354a (2d
sentence).

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–516,
(2d sentence in par. under
heading ‘‘Facilities and
Equipment’’), 104 Stat.
2160.
Oct. 28, 1991, Pub. L. 102–143,
(2d sentence in par. under
heading ‘‘Facilities and
Equipment’’), 105 Stat.
922.

Revised
Section
48108(a) ......

Source (U.S. Code)
49 App.:2202(a)(24).

49 App.:2205(e)(2).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(24), 96 Stat. 674;
Dec. 30, 1987, Pub. L.
100–223,
§ 103(c)(1),
101
Stat. 1488.
Sept. 3, 1982, Pub. L. 97–248,
§ 506(e)(2), 96 Stat. 679;
Dec. 30, 1987, Pub. L.
100–223,
§ 105(g)(3),
101
Stat. 1494.

§ 48109

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

48108(b)(1) ..

49 App.:2205(e)(1).

48108(b)(2) ..

49 App.:2205(e)(3).

48108(c) ......

49 App.:2205(e)(5).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 506(e)(1), 96 Stat. 679;
Dec. 30, 1987, Pub. L.
100–223,
§ 105(d)(1),
101
Stat. 1493.
Sept. 3, 1982, Pub. L. 97–248,
§ 506(e)(3), 96 Stat. 679.
Sept. 3, 1982, Pub. L. 97–248,
§ 506(e)(5), 96 Stat. 679;
Dec. 30, 1987, Pub. L.
100–223,
§ 105(d)(2),
101
Stat. 1493; Oct. 31, 1992,
Pub. L. 102–581, § 103(c)(2),
106 Stat. 4877.

In subsection (a), the words ‘‘for each fiscal year’’ are
omitted as surplus.
In subsection (b)(1), the words ‘‘Notwithstanding any
other provision of law to the contrary’’ are omitted as
surplus. The reference to ‘‘this chapter’’ is intended to
include sections 48106 and 48107 of the revised title for
accuracy because the source provisions for those sections were enacted after the source provisions being restated in this section.
In subsection (b)(2), the words ‘‘for any fiscal year’’
are omitted as surplus.
In subsection (c), the words ‘‘be construed as’’ and
‘‘the purposes described in’’ are omitted as surplus.
AMENDMENTS
1996—Subsec. (c). Pub. L. 104–264 substituted ‘‘1998’’
for ‘‘1996’’.
1994—Subsec. (c). Pub. L. 103–305 substituted ‘‘1996’’
for ‘‘1995’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 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 Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 48109. Submission of budget information and
legislative recommendations and comments
When the Administrator of the Federal Aviation Administration submits to the Secretary of
Transportation, the President, or the Director of
the Office of Management and Budget any budget information, legislative recommendation, or
comment on legislation about amounts authorized in section 48101 or 48102 of this title, the Administrator concurrently shall submit a copy of
the information, recommendation, or comment
to the Speaker of the House of Representatives,
the Committees on Transportation and Infrastructure and Appropriations of the House, the
President of the Senate, and the Committees on
Commerce, Science, and Transportation and Appropriations of the Senate.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1297;
Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389.)
HISTORICAL AND REVISION NOTES
Revised
Section
48109 ..........

Source (U.S. Code)
49 App.:2205(f).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 506(f), 96 Stat. 679.

The words ‘‘Director of the Office of Management and
Budget’’ are substituted for ‘‘Office of Management and
Budget’’ because of 31:502(a). The words ‘‘or transmits
. . . budget estimate, budget request, supplemental
budget estimate, or other’’ and ‘‘thereof’’ are omitted
as surplus.

Page 1104
AMENDMENTS

1996—Pub. L. 104–287 substituted ‘‘Transportation and
Infrastructure’’ for ‘‘Public Works and Transportation’’.

§ 48110. Facilities for advanced training of maintenance technicians for air carrier aircraft
For the fiscal years ending September 30,
1993–1995, amounts necessary to carry out section 44515 of this title may be appropriated to
the Secretary of Transportation out of the Airport and Airway Trust Fund established under
section 9502 of the Internal Revenue Code of 1986
(26 U.S.C. 9502). The amounts remain available
until expended.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1297.)
HISTORICAL AND REVISION NOTES
Revised
Section
48110 ..........

Source (U.S. Code)
49 App.:1354 (note).

Source (Statutes at Large)
Oct. 31, 1992, Pub. L. 102–581,
§ 119(d), 106 Stat. 4884.

The words ‘‘to the Secretary of Transportation’’ are
added for clarity and consistency in this chapter.

§ 48111. Funding proposals
(a) INTRODUCTION IN THE SENATE.—Within 15
days (not counting any day on which the Senate
is not in session) after a funding proposal is submitted to the Senate by the Secretary of Transportation under section 274(c) of the Air Traffic
Management System Performance Improvement
Act of 1996, an implementing bill with respect to
such funding proposal shall be introduced in the
Senate by the majority leader of the Senate, for
himself and the minority leader of the Senate,
or by Members of the Senate designated by the
majority leader and minority leader of the Senate.
(b) CONSIDERATION IN THE SENATE.—An implementing bill introduced in the Senate under subsection (a) shall be referred to the Committee on
Commerce, Science, and Transportation. The
Committee on Commerce, Science, and Transportation shall report the bill with its recommendations within 60 days following the date of
introduction of the bill. Upon the reporting of
the bill by the Committee on Commerce,
Science, and Transportation, the reported bill
shall be referred sequentially to the Committee
on Finance for a period of 60 legislative days.
(c) DEFINITIONS.—For purposes of this section,
the following definitions apply:
(1) IMPLEMENTING BILL.—The term ‘‘implementing bill’’ means only a bill of the Senate
which is introduced as provided in subsection
(a) with respect to one or more Federal Aviation Administration funding proposals which
contain changes in existing laws or new statutory authority required to implement such
funding proposal or proposals.
(2) FUNDING PROPOSAL.—The term ‘‘funding
proposal’’ means a proposal to provide interim
or permanent funding for operations of the
Federal Aviation Administration.
(d) RULES OF THE SENATE.—The provisions of
this section are enacted—
(1) as an exercise of the rulemaking power of
the Senate and as such they are deemed a part

Page 1105

§ 48114

TITLE 49—TRANSPORTATION

of the rules of the Senate and they supersede
other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of the Senate to change the rules
(so far as relating to the procedure of the Senate) at any time, in the same manner and to
the same extent as in the case of any other
rule of the Senate.
(Added Pub. L. 104–264, title II, § 275(a), Oct. 9,
1996, 110 Stat. 3246.)
REFERENCES IN TEXT
Section 274(c) of the Air Traffic Management System
Performance Improvement Act of 1996, referred to in
subsec. (a), is section 274(c) of Pub. L. 104–264, which is
set out as a note under section 40101 of this title.
EFFECTIVE DATE
Section effective on date that is 30 days after Oct. 9,
1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106
of this title.
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.

§ 48112. Adjustment to AIP program funding
On the effective date of a general appropriations Act providing appropriations for a fiscal
year beginning after September 30, 2000, for the
Federal Aviation Administration, the amount
made available for a fiscal year under section
48103 shall be increased by the amount, if any,
by which—
(1) the amount authorized to be appropriated
under section 48101 for such fiscal year; exceeds
(2) the amounts appropriated for programs
funded under such section for such fiscal year.
Any contract authority made available by this
section shall be subject to an obligation limitation.
(Added Pub. L. 106–181, title I, § 107(a), Apr. 5,
2000, 114 Stat. 73.)
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 48113. Reprogramming
ment

notification

require-

Before reprogramming any amounts appropriated under section 106(k), 48101(a), or 48103,
for which notification of the Committees on Appropriations of the Senate and the House of Representatives is required, the Secretary of Transportation shall transmit a written explanation
of the proposed reprogramming to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(Added Pub. L. 106–181, title I, § 108(a), Apr. 5,
2000, 114 Stat. 73.)

EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 48114. Funding for aviation programs
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.—
(A) IN GENERAL.—The total budget resources made available from the Airport and
Airway Trust Fund each fiscal year through
fiscal year 2007 pursuant to sections 48101,
48102, 48103, and 106(k) of title 49, United
States Code, shall be equal to the level of receipts plus interest credited to the Airport
and Airway Trust Fund for that fiscal year.
Such amounts may be used only for aviation
investment programs listed in subsection
(b).
(B) GUARANTEE.—No funds may be appropriated or limited for aviation investment
programs listed in subsection (b) unless the
amount described in subparagraph (A) has
been provided.
(2) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM THE GENERAL FUND.—In any
fiscal year through fiscal year 2007, if the
amount described in paragraph (1) is appropriated, there is further authorized to be appropriated from the general fund of the Treasury such sums as may be necessary for the
Federal Aviation Administration Operations
account.
(b) DEFINITIONS.—In this section, the following
definitions apply:
(1) TOTAL BUDGET RESOURCES.—The term
‘‘total budget resources’’ means the total
amount made available from the Airport and
Airway Trust Fund for the sum of obligation
limitations and budget authority made available for a fiscal year for the following budget
accounts that are subject to the obligation
limitation on contract authority provided in
this title and for which appropriations are provided pursuant to authorizations contained in
this title:
(A) 69–8106–0–7–402 (Grants in Aid for Airports).
(B) 69–8107–0–7–402 (Facilities and Equipment).
(C) 69–8108–0–7–402 (Research and Development).
(D) 69–8104–0–7–402 (Trust Fund Share of
Operations).
(2) LEVEL OF RECEIPTS PLUS INTEREST.—The
term ‘‘level of receipts plus interest’’ means
the level of excise taxes and interest credited
to the Airport and Airway Trust Fund under
section 9502 of the Internal Revenue Code of
1986 for a fiscal year as set forth in the President’s budget baseline projection as defined in
section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law
99–177)
(Treasury
identification
code
20–8103–0–7–402) for that fiscal year submitted
pursuant to section 1105 of title 31, United
States Code.

§ 48201

TITLE 49—TRANSPORTATION

(c) ENFORCEMENT OF GUARANTEES.—
(1) TOTAL AIRPORT AND AIRWAY TRUST FUND
FUNDING.—It shall not be in order in the House
of Representatives or the Senate to consider
any bill, joint resolution, amendment, motion,
or conference report that would cause total
budget resources in a fiscal year for aviation
investment programs described in subsection
(b) to be less than the amount required by subsection (a)(1)(A) for such fiscal year.
(2) CAPITAL PRIORITY.—It shall not be in
order in the House of Representatives or the
Senate to consider any bill, joint resolution,
amendment, motion, or conference report that
provides an appropriation (or any amendment
thereto) for any fiscal year through fiscal year
2007 for Research and Development or Operations if the sum of the obligation limitation
for Grants-in-Aid for Airports and the appropriation for Facilities and Equipment for such
fiscal year is below the sum of the authorized
levels for Grants-in-Aid for Airports and for
Facilities and Equipment for such fiscal year.
(Added Pub. L. 108–176, title I, § 104(a), Dec. 12,
2003, 117 Stat. 2496.)
REFERENCES IN TEXT
Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (b)(2), is classified to section 9502 of
Title 26, Internal Revenue Code.
Section 257 of the Balanced Budget and Emergency
Deficit Control Act of 1985, referred to in subsec. (b)(2),
is classified to section 907 of Title 2, The Congress.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.

CHAPTER 482—ADVANCE APPROPRIATIONS
FOR AIRPORT AND AIRWAY TRUST FACILITIES
Sec.

48201.

Advance appropriations.

fective Date of 1996 Amendment note under section 106
of this title.
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 Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.

CHAPTER 483—AVIATION SECURITY
FUNDING
Sec.

48301.

Aviation security funding.

§ 48301. Aviation security funding
(a) IN GENERAL.—There are authorized to be
appropriated for fiscal years 2002, 2003, 2004, 2005,
2007, 2008, 2009, 2010, and 2011 such sums as may
be necessary to carry out chapter 449 and related
aviation security activities under this title. Any
amounts appropriated pursuant to this section
for fiscal year 2002 shall remain available until
expended.
(b) GRANTS FOR AIRCRAFT SECURITY.—There is
authorized to be appropriated $500,000,000 for fiscal year 2002 to the Secretary of Transportation
to make grants to or other agreements with air
carriers (including intrastate air carriers) to—
(1) fortify cockpit doors to deny access from
the cabin to the pilots in the cockpit;
(2) provide for the use of video monitors or
other devices to alert the cockpit crew to activity in the passenger cabin;
(3) ensure continuous operation of the aircraft transponder in the event the crew faces
an emergency; and
(4) provide for the use of other innovative
technologies to enhance aircraft security.
(Added Pub. L. 107–71, title I, § 118(c)(1), Nov. 19,
2001, 115 Stat. 627; amended Pub. L. 108–458, title
IV, § 4029, Dec. 17, 2004, 118 Stat. 3727; Pub. L.
110–53, title XVI, § 1618, Aug. 3, 2007, 121 Stat.
489.)
AMENDMENTS

§ 48201. Advance appropriations
(a) MULTIYEAR AUTHORIZATIONS.—Beginning
with fiscal year 1999, any authorization of appropriations for an activity for which amounts are
to be appropriated from the Airport and Airway
Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 shall provide
funds for a period of not less than 3 fiscal years
unless the activity for which appropriations are
authorized is to be concluded before the end of
that period.
(b) MULTIYEAR APPROPRIATIONS.—Beginning
with fiscal year 1999, amounts appropriated from
the Airport and Airway Trust Fund shall be appropriated for periods of 3 fiscal years rather
than annually.
(Added Pub. L. 104–264, title II, § 277(a), Oct. 9,
1996, 110 Stat. 3248.)
REFERENCES IN TEXT
Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 9502 of
Title 26, Internal Revenue Code.
EFFECTIVE DATE
Section effective on date that is 30 days after Oct. 9,
1996, see section 203 of Pub. L. 104–264, set out as an Ef-

Page 1106

2007—Subsec. (a). Pub. L. 110–53 substituted ‘‘2007,
2008, 2009, 2010, and 2011’’ for ‘‘and 2006’’.
2004—Subsec. (a). Pub. L. 108–458 substituted ‘‘2005,
and 2006’’ for ‘‘and 2005’’.

PART D—PUBLIC AIRPORTS
CHAPTER 491—METROPOLITAN
WASHINGTON AIRPORTS
Sec.

49101.
49102.
49103.
49104.
49105.
49106.
49107.
49108.
49109.
49110.
49111.
49112.

Findings.
Purpose.
Definitions.
Lease of Metropolitan Washington Airports.
Capital improvements, construction, and rehabilitation.
Metropolitan Washington Airports Authority.
Federal employees at Metropolitan Washington Airports.
Limitations.
Nonstop flights.
Use of Dulles Airport Access Highway.
Relationship to and effect of other laws.
Separability and effect of judicial order.

§ 49101. Findings
Congress finds that—

Page 1107

§ 49103

TITLE 49—TRANSPORTATION

(1) the 2 federally owned airports in the metropolitan area of the District of Columbia constitute an important and growing part of the
commerce, transportation, and economic patterns of Virginia, the District of Columbia,
and the surrounding region;
(2) Baltimore/Washington International Airport, owned and operated by Maryland, is an
air transportation facility that provides service to the greater Metropolitan Washington
region together with the 2 federally owned airports, and timely Federal-aid grants to Baltimore/Washington International Airport will
provide additional capacity to meet the growing air traffic needs and to compete with other
airports on a fair basis;
(3) the United States Government has a continuing but limited interest in the operation
of the 2 federally owned airports, which serve
the travel and cargo needs of the entire Metropolitan Washington region as well as the District of Columbia as the national seat of government;
(4) operation of the Metropolitan Washington Airports by an independent local authority will facilitate timely improvements at
both airports to meet the growing demand of
interstate air transportation occasioned by
the Airline Deregulation Act of 1978 (Public
Law 95–504; 92 Stat. 1705);
(5) all other major air carrier airports in the
United States are operated by public entities
at the State, regional, or local level;
(6) any change in status of the 2 airports
must take into account the interest of nearby
communities, the traveling public, air carriers, general aviation, airport employees, and
other interested groups, as well as the interests of the United States Government and
State governments involved;
(7) in recognition of a perceived limited need
for a Federal role in the management of these
airports and the growing local interest, the
Secretary of Transportation has recommended
a transfer of authority from the Federal to the
local/State level that is consistent with the
management of major airports elsewhere in
the United States;
(8) an operating authority with representation from local jurisdictions, similar to authorities at all major airports in the United
States, will improve communications with
local officials and concerned residents regarding noise at the Metropolitan Washington Airports;
(9) a commission of congressional, State, and
local officials and aviation representatives has
recommended to the Secretary that transfer of
the federally owned airports be as a unit to an
independent authority to be created by Virginia and the District of Columbia; and
(10) the Federal interest in these airports
can be provided through a lease mechanism
which provides for local control and operation.
(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2206.)

HISTORICAL AND REVISION NOTES
Revised
Section
49101 ..........

Source (U.S. Code)
(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub.
title VI, § 6002,
1783–373.
Oct. 30, 1986, Pub.
title VI, § 6002,
3341–376.

L. 99–500,
100 Stat.
L. 99–591,
100 Stat.

In clause (4), the word ‘‘authority’’ is substituted for
‘‘agency’’ for consistency in the revised title and with
other titles of the United States Code.
REFERENCES IN TEXT
The Airline Deregulation Act of 1978, referred to in
par. (4), is Pub. L. 95–504, Oct. 24, 1978, 92 Stat. 1705, as
amended, which was classified principally to sections of
former Title 49, Transportation. The Act was substantially repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108
Stat. 1379, the first section of which enacted subtitles
II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables.
For disposition of sections of former Title 49, see Table
at the beginning of Title 49.
PRIOR PROVISIONS
A prior section 49101 was renumbered section 50101 of
this title.

§ 49102. Purpose
(a) GENERAL.—The purpose of this chapter is
to authorize the transfer of operating responsibility under long-term lease of the 2 Metropolitan Washington Airport properties as a unit,
including access highways and other related facilities, to a properly constituted independent
airport authority created by Virginia and the
District of Columbia, in order to achieve local
control, management, operation, and development of these important transportation assets.
(b) INCLUSION OF BALTIMORE/WASHINGTON
INTERNATIONAL AIRPORT NOT PRECLUDED.—This
chapter does not prohibit the Airports Authority and Maryland from making an agreement to
make Baltimore/Washington International Airport part of a regional airports authority, subject to terms agreed to by the Airports Authority, the Secretary of Transportation, Virginia,
the District of Columbia, and Maryland.
(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2207.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

49102(a) ......

(uncodified).

49102(b) ......

(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6003(a), 100 Stat.
1783–374.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6003(a), 100 Stat.
3341–377.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6003(b), 100 Stat.
1783–374.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6003(b), 100 Stat.
3341–377.

In subsection (b), the words ‘‘and conditions’’ are
omitted as being included in ‘‘terms’’.
PRIOR PROVISIONS
A prior section 49102 was renumbered section 50102 of
this title.

§ 49103. Definitions
In this chapter—

§ 49104

TITLE 49—TRANSPORTATION

(1) ‘‘Airports Authority’’ means the Metropolitan Washington Airports Authority, a public authority created by Virginia and the District of Columbia consistent with the requirements of section 49106 of this title.
(2) ‘‘employee’’ means any permanent Federal Aviation Administration personnel employed by the Metropolitan Washington Airports on June 7, 1987.
(3) ‘‘Metropolitan Washington Airports’’
means Ronald Reagan Washington National
Airport and Washington Dulles International
Airport.
(4) ‘‘Washington Dulles International Airport’’ means the airport constructed under the
Act of September 7, 1950 (ch. 905, 64 Stat. 770),
and includes the Dulles Airport Access Highway and Right-of-way, including the extension
between Interstate Routes I–495 and I–66.
(5) ‘‘Ronald Reagan Washington National
Airport’’ means the airport described in the
Act of June 29, 1940 (ch. 444, 54 Stat. 686).
(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2207; amended Pub. L. 105–154, § 2(a)(1)(D),
Feb. 6, 1998, 112 Stat. 3.)
HISTORICAL AND REVISION NOTES
Revised
Section
49103 ..........

Source (U.S. Code)
(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub.
title VI, § 6004,
1783–374.
Oct. 30, 1986, Pub.
title VI, § 6004,
3341–377.

L. 99–500,
100 Stat.
L. 99–591,
100 Stat.

In this section, the text of section 6004(1) and (5) of
the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–374, 1783–375, Public Law
99–591, 100 Stat. 3341–378) is omitted as surplus because
the complete names of the Administrator of the Federal Aviation Administration and the Secretary of
Transportation are used the first time those terms appear in a section.
In clause (1), the words ‘‘an organization within the
Federal Aviation Administration’’ are omitted as surplus.
REFERENCES IN TEXT
Act of September 7, 1950, ch. 905, 64 Stat. 770, referred
to in par. (4), was classified to subchapter II (§ 2421 et
seq.) of chapter 33 of former Title 49, Transportation,
and was omitted from the Code when subtitles II, III,
and V to X of Title 49, Transportation, were enacted by
Pub. L. 103–272, July 5, 1994, 108 Stat. 745.
Act of June 29, 1940, ch. 444, 54 Stat. 686, referred to
in par. (5), was classified to subchapter I (§ 2401 et seq.)
of chapter 33 of former Title 49, Transportation, and
was omitted from the Code when subtitles II, III, and V
to X of Title 49, Transportation, were enacted by Pub.
L. 103–272, July 5, 1994, 108 Stat. 745.
PRIOR PROVISIONS
A prior section 49103 was renumbered section 50103 of
this title.
AMENDMENTS
1998—Pars. (3), (5). Pub. L. 105–154 substituted ‘‘Ronald Reagan Washington National Airport’’ for ‘‘Washington National Airport’’.
CHANGE OF NAME
Pub. L. 105–154, § 1, Feb. 6, 1998, 112 Stat. 3, provided
that: ‘‘The airport described in the Act entitled ‘An Act
to provide for the administration of the Washington
National Airport, and for other purposes’, approved

Page 1108

June 29, 1940 (54 Stat. 686) [section 2401 et seq. of former
Title 49, Transportation, see References in Text note
above], and known as the Washington National Airport,
shall be known and designated as the ‘Ronald Reagan
Washington National Airport’.’’
Pub. L. 105–154, § 2(b), Feb. 6, 1998, 112 Stat. 4, provided
that: ‘‘Any reference in a law, map, regulation, document, paper, or other record of the United States to the
Washington National Airport shall be deemed to be a
reference to the ‘Ronald Reagan Washington National
Airport’.’’

§ 49104. Lease of Metropolitan Washington Airports
(a) GENERAL.—The lease between the Secretary of Transportation and the Metropolitan
Washington Airports Authority under section
6005(a) of the Metropolitan Washington Airports
Act of 1986 (Public Law 99–500; 100 Stat. 1783–375;
Public Law 99–591; 100 Stat. 3341–378), for the
Metropolitan Washington Airports must provide
during its 50-year term at least the following:
(1) The Airports Authority shall operate,
maintain, protect, promote, and develop the
Metropolitan Washington Airports as a unit
and as primary airports serving the Metropolitan Washington area.
(2)(A) In this paragraph, ‘‘airport purposes’’
means a use of property interests (except a
sale) for—
(i) aviation business or activities;
(ii) activities necessary or appropriate to
serve passengers or cargo in air commerce;
or
(iii) nonprofit, public use facilities that
are not inconsistent with the needs of aviation.
(B) During the period of the lease, the real
property constituting the Metropolitan Washington Airports shall be used only for airport
purposes.
(C) If the Secretary decides that any part of
the real property leased to the Airports Authority under this chapter is used for other
than airport purposes, the Secretary shall—
(i) direct that the Airports Authority take
appropriate measures to have that part of
the property be used for airport purposes;
and
(ii) retake possession of the property if the
Airports Authority fails to have that part of
the property be used for airport purposes
within a reasonable period of time, as the
Secretary decides.
(3) The Airports Authority is subject to section 47107(a)–(c) and (e) of this title and to the
assurances and conditions required of grant
recipients under the Airport and Airway Improvement Act of 1982 (Public Law 97–248; 96
Stat. 671) as in effect on June 7, 1987. Notwithstanding section 47107(b) of this title, all revenues generated by the Metropolitan Washington Airports shall be expended for the capital
and operating costs of the Metropolitan Washington Airports.
(4) In acquiring by contract supplies or services for an amount estimated to be more than
$200,000, or awarding concession contracts, the
Airports Authority to the maximum extent
practicable shall obtain complete and open
competition through the use of published com-

Page 1109

TITLE 49—TRANSPORTATION

petitive procedures. By a vote of 7 members,
the Airports Authority may grant exceptions
to the requirements of this paragraph.
(5)(A) Except as provided in subparagraph
(B) of this paragraph, all regulations of the
Metropolitan Washington Airports (14 CFR
part 159) become regulations of the Airports
Authority as of June 7, 1987, and remain in effect until modified or revoked by the Airports
Authority under procedures of the Airports
Authority.
(B) Sections 159.59(a) and 159.191 of title 14,
Code of Federal Regulations, do not become
regulations of the Airports Authority.
(C) The Airports Authority may not increase
or decrease the number of instrument flight
rule takeoffs and landings authorized by the
High Density Rule (14 CFR 93.121 et seq.) at
Ronald Reagan Washington National Airport
on October 18, 1986, and may not impose a limitation on the number of passengers taking off
or landing at Ronald Reagan Washington National Airport.
(D) Subparagraph (C) does not apply to any
increase in the number of instrument flight
rule takeoffs and landings necessary to implement exemptions granted by the Secretary
under section 41718.
(6)(A) Except as specified in subparagraph
(B) of this paragraph, the Airports Authority
shall assume all rights, liabilities, and obligations of the Metropolitan Washington Airports
on June 7, 1987, including leases, permits, licenses, contracts, agreements, claims, tariffs,
accounts receivable, accounts payable, and
litigation related to those rights and obligations, regardless whether judgment has been
entered, damages awarded, or appeal taken.
The Airports Authority must cooperate in allowing representatives of the Attorney General and the Secretary adequate access to employees and records when needed for the performance of duties and powers related to the
period before June 7, 1987. The Airports Authority shall assume responsibility for the
Federal Aviation Administration’s Master
Plans for the Metropolitan Washington Airports.
(B) The procedure for disputes resolution
contained in any contract entered into on behalf of the United States Government before
June 7, 1987, continues to govern the performance of the contract unless otherwise agreed
to by the parties to the contract. Claims for
monetary damages founded in tort, by or
against the Government as the owner and operator of the Metropolitan Washington Airports, arising before June 7, 1987, shall be adjudicated as if the lease had not been entered
into.
(C) The Administration is responsible for reimbursing the Employees’ Compensation
Fund, as provided in section 8147 of title 5, for
compensation paid or payable after June 7,
1987, in accordance with chapter 81 of title 5
for any injury, disability, or death due to
events arising before June 7, 1987, whether or
not a claim was filed or was final on that date.
(D) The Airports Authority shall continue
all collective bargaining rights enjoyed by employees of the Metropolitan Washington Airports before June 7, 1987.

§ 49104

(7) The Comptroller General may conduct
periodic audits of the activities and transactions of the Airports Authority in accordance with generally accepted management
principles, and under regulations the Comptroller General may prescribe. An audit shall
be conducted where the Comptroller General
considers it appropriate. All records and property of the Airports Authority shall remain in
possession and custody of the Airports Authority.
(8) The Airports Authority shall develop a
code of ethics and financial disclosure to ensure the integrity of all decisions made by its
board of directors and employees. The code
shall include standards by which members of
the board will decide, for purposes of section
49106(d) of this title, what constitutes a substantial financial interest and the circumstances under which an exception to the conflict of interest prohibition may be granted.
(9) A landing fee imposed for operating an
aircraft or revenues derived from parking
automobiles—
(A) at Washington Dulles International
Airport may not be used for maintenance or
operating expenses (excluding debt service,
depreciation, and amortization) at Ronald
Reagan Washington National Airport; and
(B) at Ronald Reagan Washington National
Airport may not be used for maintenance or
operating expenses (excluding debt service,
depreciation, and amortization) at Washington Dulles International Airport.
(10) The Airports Authority shall compute
the fees and charges for landing general aviation aircraft at the Metropolitan Washington
Airports on the same basis as the landing fees
for air carrier aircraft, except that the Airports Authority may require a minimum landing fee that is not more than the landing fee
for aircraft weighing 12,500 pounds.
(11) The Secretary shall include other terms
applicable to the parties to the lease that are
consistent with, and carry out, this chapter.
(b) PAYMENTS.—Under the lease, the Airports
Authority must pay to the general fund of the
Treasury annually an amount, computed using
the GNP Price Deflator, equal to $3,000,000 in
1987 dollars. The Secretary and the Airports Authority may renegotiate the level of lease payments attributable to inflation costs every 10
years.
(c) ENFORCEMENT OF LEASE PROVISIONS.—The
district courts of the United States have jurisdiction to compel the Airports Authority and its
officers and employees to comply with the terms
of the lease. The Attorney General or an aggrieved party may bring an action on behalf of
the Government.
(d) EXTENSION OF LEASE.—The Secretary and
the Airports Authority may at any time negotiate an extension of the lease.
(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2207; amended Pub. L. 105–154, § 2(a)(1)(D),
Feb. 6, 1998, 112 Stat. 3; Pub. L. 106–181, title II,
§ 231(e)(2), Apr. 5, 2000, 114 Stat. 113.)

§ 49105

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section
49104(a) ......

Source (U.S. Code)
(uncodified).

49104(b) ......

(uncodified).

49104(c) ......

(uncodified).

49104(d) ......

(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub. L. 99–500,
title VI, §§ 6005(a), (d),
6007(d) (last sentence), 100
Stat. 1783–375, 1783–376,
1783–380.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6005(c), 100 Stat.
1783–376; Oct. 9, 1996, Pub.
L. 104–264, title IX, § 902,
110 Stat. 3274.
Oct. 30, 1986, Pub. L. 99–591,
title VI, §§ 6005(a), (d),
6007(d) (last sentence), 100
Stat. 3341–378, 3341–379,
3341–383.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6005(c), 100 Stat.
3341–379; Oct. 9, 1996, Pub.
L. 104–264, title IX, § 902,
110 Stat. 3274.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6005(b), 100 Stat.
1783–375.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6005(b), 100 Stat.
3341–378.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6005(e), 100 Stat.
1783–378.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6005(e), 100 Stat.
3341–381.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6010, 100 Stat.
1783–385.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6010, 100 Stat.
3341–388.

In subsection (a), before clause (1), the text of section
6005(a) and (d) of the Metropolitan Washington Airports
Act of 1986 (Public Law 99–500, 100 Stat. 1783–375,
1783–378, Public Law 99–591, 100 Stat. 3341–378, 3341–381)
is omitted as executed. The words ‘‘conditions and requirements’’ are omitted as surplus. In clause (5)(B),
the words ‘‘(relating to new-technology aircraft)’’ and
‘‘(relating to violations of Federal Aviation Administration regulations as Federal misdemeanors)’’ are
omitted as surplus. In clause (5)(C), the words ‘‘after
the date the lease takes effect’’ are omitted as obsolete. In clause (6)(A), the words ‘‘(tangible and incorporeal, present and executory)’’ are omitted as surplus.
The words ‘‘The Airports Authority must’’ are substituted for ‘‘Before the date the lease takes effect, the
Secretary shall also assure that the Airports Authority
has agreed to’’ to eliminate obsolete words. The words
‘‘duties and powers’’ are substituted for ‘‘functions’’ for
consistency in the revised title and with other titles of
the United States Code. In clause (7), the words ‘‘or
places’’ are omitted because of 1:1. The words ‘‘books,
accounts . . . reports, files, papers’’ are omitted as
being included in ‘‘reports’’. In clause (8), the words
‘‘for purposes of section 49106(d) of this title’’ are added
for clarity. In clause (9), before subclause (A), the words
‘‘Notwithstanding any other provision of law’’ are
omitted as surplus. In clause (11), the words ‘‘and conditions’’ are omitted as being included in ‘‘terms’’.
In subsection (b), the text of section 6005(b)(2) of the
Metropolitan Washington Airports Act of 1986 (Public
Law 99–500, 100 Stat. 1783–375, Public Law 99–591, 100
Stat. 3341–378) is omitted as executed.
REFERENCES IN TEXT
Section 6005(a) of the Metropolitan Washington Airports Act of 1986, referred to in subsec. (a), is section
6005(a) of Pub. L. 99–500, title VI, Oct. 18, 1986, 100 Stat.
1783–375, and Pub. L. 99–591, title VI, Oct. 30, 1986, 100
Stat. 3341–378, which was classified to section 2454(a) of
former Title 49, Transportation, and was repealed and
reenacted as subsec. (a) of this section by Pub. L.
105–102, §§ 2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217.
The Airport and Airway Improvement Act of 1982, referred to in subsec. (a)(3), is title V of Pub. L. 97–248,
Sept. 3, 1982, 96 Stat. 671, as amended, which was classified principally to chapter 31 (§ 2201 et seq.) of former

Page 1110

Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat.
1379, and reenacted by the first section thereof as subchapter I of chapter 471 of Title 49, Transportation.
PRIOR PROVISIONS
A prior section 49104 was renumbered section 50104 of
this title.
AMENDMENTS
2000—Subsec. (a)(5)(D). Pub. L. 106–181 added subpar.
(D).
1998—Subsec. (a)(5)(C), (9)(A), (B). Pub. L. 105–154 substituted ‘‘Ronald Reagan Washington National Airport’’ for ‘‘Washington National Airport’’ wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 49105. Capital improvements, construction, and
rehabilitation
(a) SENSE OF CONGRESS.—It is the sense of Congress that the Metropolitan Washington Airports Authority—
(1) should pursue the improvement, construction, and rehabilitation of the facilities
at Washington Dulles International Airport
and Ronald Reagan Washington National Airport simultaneously; and
(2) to the extent practicable, should cause
the improvement, construction, and rehabilitation proposed by the Secretary of Transportation to be completed at Washington Dulles
International Airport and Ronald Reagan
Washington National Airport within 5 years
after March 30, 1988.
(b) SECRETARY’S ASSISTANCE.—The Secretary
shall assist the 3 airports serving the District of
Columbia metropolitan area in planning for
operational and capital improvements at those
airports and shall accelerate consideration of
applications for United States Government financial assistance by whichever of the 3 airports
is most in need of increasing airside capacity.
(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2210; amended Pub. L. 105–154, § 2(a)(1)(D),
Feb. 6, 1998, 112 Stat. 3.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

49105(a) ......

(uncodified).

49105(b) ......

(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6006(a), 100 Stat.
1783–378.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6006(a), 100 Stat.
3341–381.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6006(b), 100 Stat.
1783–379.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6006(b), 100 Stat.
3341–382.

PRIOR PROVISIONS
A prior section 49105 was renumbered section 50105 of
this title.
AMENDMENTS
1998—Subsec. (a)(1), (2). Pub. L. 105–154 substituted
‘‘Ronald Reagan Washington National Airport’’ for
‘‘Washington National Airport’’.

Page 1111

TITLE 49—TRANSPORTATION

§ 49106. Metropolitan Washington Airports Authority
(a) STATUS.—The Metropolitan Washington
Airports Authority shall be—
(1) a public body corporate and politic with
the powers and jurisdiction—
(A) conferred upon it jointly by the legislative authority of Virginia and the District
of Columbia or by either of them and concurred in by the legislative authority of the
other jurisdiction; and
(B) that at least meet the specifications of
this section and section 49108 of this title;
(2) independent of Virginia and its local governments, the District of Columbia, and the
United States Government; and
(3) a political subdivision constituted only
to operate and improve the Metropolitan
Washington Airports as primary airports serving the Metropolitan Washington area.
(b) GENERAL AUTHORITY.—(1) The Airports Authority shall be authorized—
(A) to acquire, maintain, improve, operate,
protect, and promote the Metropolitan Washington Airports for public purposes;
(B) to issue bonds from time to time in its
discretion for public purposes, including paying any part of the cost of airport improvements, construction, and rehabilitation and
the acquisition of real and personal property,
including operating equipment for the airports;
(C) to acquire real and personal property by
purchase, lease, transfer, or exchange;
(D) to exercise the powers of eminent domain in Virginia that are conferred on it by
Virginia;
(E) to levy fees or other charges; and
(F) to make and maintain agreements with
employee organizations to the extent that the
Federal Aviation Administration was authorized to do so on October 18, 1986.
(2) Bonds issued under paragraph (1)(B) of this
subsection—
(A) are not a debt of Virginia, the District of
Columbia, or a political subdivision of Virginia or the District of Columbia; and
(B) may be secured by the Airports
Authority’s revenues generally, or exclusively
from the income and revenues of certain designated projects whether or not any part of
the projects are financed from the proceeds of
the bonds.
(c) BOARD OF DIRECTORS.—(1) The Airports Authority shall be governed by a board of directors
composed of the following 13 members:
(A) 5 members appointed by the Governor of
Virginia;
(B) 3 members appointed by the Mayor of the
District of Columbia;
(C) 2 members appointed by the Governor of
Maryland; and
(D) 3 members appointed by the President
with the advice and consent of the Senate.
(2) The chairman of the board shall be appointed from among the members by majority
vote of the members and shall serve until replaced by majority vote of the members.

§ 49106

(3) Members of the board shall be appointed to
the board for 6 years, except that of the members first appointed by the President after October 9, 1996, one shall be appointed for 4 years. A
member may serve after the expiration of that
member’s term until a successor has taken office.
(4) A member of the board—
(A) may not hold elective or appointive political office;
(B) serves without compensation except for
reasonable expenses incident to board functions; and
(C) must reside within the Washington
Standard Metropolitan Statistical Area, except that a member of the board appointed by
the President must be a registered voter of a
State other than Maryland, Virginia, or the
District of Columbia.
(5) A vacancy in the board shall be filled in the
manner in which the original appointment was
made. A member appointed to fill a vacancy occurring before the expiration of the term for
which the member’s predecessor was appointed
shall be appointed only for the remainder of
that term.
(6)(A) Not more than 2 of the members of the
board appointed by the President may be of the
same political party.
(B) In carrying out their duties on the board,
members appointed by the President shall ensure that adequate consideration is given to the
national interest.
(C) A member appointed by the President may
be removed by the President for cause.
(7) Eight votes are required to approve bond issues and the annual budget.
(d) CONFLICTS OF INTEREST.—Members of the
board and their immediate families may not be
employed by or otherwise hold a substantial financial interest in any enterprise that has or is
seeking a contract or agreement with the Airports Authority or is an aeronautical, aviation
services, or airport services enterprise that
otherwise has interests that can be directly affected by the Airports Authority. The official
appointing a member may make an exception if
the financial interest is completely disclosed
when the member is appointed and the member
does not participate in board decisions that directly affect the interest.
(e) CERTAIN ACTIONS TO BE TAKEN BY REGULATION.—An action of the Airports Authority
changing, or having the effect of changing, the
hours of operation of, or the type of aircraft
serving, either of the Metropolitan Washington
Airports may be taken only by regulation of the
Airports Authority.
(f) ADMINISTRATIVE.—To assist the Secretary
in carrying out this chapter, the Secretary may
hire 2 staff individuals to be paid by the Airports Authority. The Airports Authority shall
provide clerical and support staff that the Secretary may require.
(g) REVIEW OF CONTRACTING PROCEDURES.—The
Comptroller General shall review contracts of
the Airports Authority to decide whether the
contracts were awarded by procedures that follow sound Government contracting principles
and comply with section 49104(a)(4) of this title.
The Comptroller General shall submit periodic

§ 49107

TITLE 49—TRANSPORTATION

reports of the conclusions reached as a result of
the review to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2210; amended Pub. L. 105–225, § 7(c)(1)(A),
(B), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 106–181,
title II, § 231(i), Apr. 5, 2000, 114 Stat. 115.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

49106(a) ......

(uncodified).

49106(b) ......

(uncodified).

49106(c) ......

49106(d) ......

(uncodified).

(uncodified).

49106(e) ......

(uncodified).

49106(f) .......

(uncodified).

49106(g) ......

(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6007(a), (b), 100
Stat. 1783–379.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6007(a), (b), 100
Stat. 3341–382.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6007(c), 100 Stat.
1783–379.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6007(c), 100 Stat.
3341–382.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6007(e), 100 Stat.
1783–380; Oct. 9, 1996, Pub.
L. 104–264, title IX, § 903,
110 Stat. 3275.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6007(e), 100 Stat.
3341–383; Oct. 9, 1996, Pub.
L. 104–264, title IX, § 903,
110 Stat. 3275.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6007(d) (1st, 2d
sentences),
100
Stat.
1783–379.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6007(d) (1st, 2d
sentences),
100
Stat.
3341–382.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6007(f), 100 Stat.
1783–382; Oct. 9, 1996, Pub.
L.
104–264,
title
IX,
§ 904(a), 110 Stat. 3276.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6007(f), 100 Stat.
3341–385; Oct. 9, 1996, Pub.
L.
104–264,
title
IX,
§ 904(a), 110 Stat. 3276.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6007(h), 100 Stat.
1783–382; Dec. 18, 1991, Pub.
L.
102–240,
title
VII,
§ 7002(e), 105 Stat. 2200;
Oct. 9, 1996, Pub. L.
104–264, title IX, § 904(b),
110 Stat. 3276.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6007(h), 100 Stat.
3341–385; Dec. 18, 1991, Pub.
L.
102–240,
title
VII,
§ 7002(e), 105 Stat. 2200;
Oct. 9, 1996, Pub. L.
104–264, title IX, § 904(b),
110 Stat. 3276.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6007(g), as added
Dec. 18, 1991, Pub. L.
102–240, title VII, § 7002(h),
105 Stat. 2202; Oct. 9, 1996,
Pub. L. 104–264, title IX,
§ 904(a), 110 Stat. 3276.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6007(g), as added
Dec. 18, 1991, Pub. L.
102–240, title VII, § 7002(h),
105 Stat. 2202; Oct. 9, 1996,
Pub. L. 104–264, title IX,
§ 904(a), 110 Stat. 3276.

In subsection (b)(2)(A), the words ‘‘Virginia, the District of Columbia’’ are substituted for ‘‘either jurisdiction’’ for clarity.
In subsection (c)(6)(C), the words ‘‘the limitations described in’’ are omitted as unnecessary. The word
‘‘until’’ is substituted for ‘‘for the period beginning on
October 1, 1997, and ending on the first day on which’’
to eliminate unnecessary words.
In subsection (d), the words ‘‘The Airports Authority
shall be subject to a conflict-of-interest provision providing that’’ are omitted as surplus.

Page 1112

In subsection (g), the words ‘‘Committee on Transportation and Infrastructure’’ are substituted for ‘‘Committee on Public Works and Transportation’’ because
of the amendment of clause 1(q) of Rule X of the Rules
of the House of Representatives by section 202(a) of H.
Res. 6, approved January 4, 1995.
AMENDMENTS
2000—Subsec. (c)(6)(C), (D). Pub. L. 106–181 redesignated subpar. (D) as (C) and struck out former subpar.
(C) which read as follows: ‘‘The members to be appointed under paragraph (1)(D) of this subsection must
be appointed before October 1, 1997. If the deadline is
not met, the Secretary of Transportation and the Airports Authority are subject to the limitations of section 49108 of this title until all members referred to in
paragraph (1)(D) are appointed.’’
1998—Subsec. (b)(1)(F). Pub. L. 105–225, § 7(c)(1)(A),
substituted ‘‘1986’’ for ‘‘1996’’.
Subsec. (c)(3). Pub. L. 105–225, § 7(c)(1)(B), substituted
‘‘to the board’’ for ‘‘by the board’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–225, § 7(c)(3), Aug. 12, 1998, 112 Stat. 1512,
provided that: ‘‘The amendments made by this subsection [amending this section and sections 49107 and
49111 of this title and provisions set out as a note preceding section 101 of this title] are effective as of November 20, 1997.’’

§ 49107. Federal employees
Washington Airports

at

Metropolitan

(a) LABOR AGREEMENTS.—(1) The Metropolitan
Washington Airports Authority shall adopt all
labor agreements that were in effect on June 7,
1987. Unless the parties otherwise agree, the
agreements must be renegotiated before June 7,
1992.
(2) Employee protection arrangements made
under this section shall ensure, during the 50year lease term, the continuation of all collective bargaining rights enjoyed by transferred
employees retained by the Airports Authority.
(b) CIVIL SERVICE RETIREMENT.—Any Federal
employee who transferred to the Airports Authority and who on June 6, 1987, was subject to
subchapter III of chapter 83 or chapter 84 of title
5, is subject to subchapter III of chapter 83 or
chapter 84 for so long as continually employed
by the Airports Authority without a break in
service. For purposes of subchapter III of chapter 83 and chapter 84, employment by the Airports Authority without a break in continuity
of service is deemed to be employment by the
United States Government. The Airports Authority is the employing agency for purposes of
subchapter III of chapter 83 and chapter 84 and
shall contribute to the Civil Service Retirement
and Disability Fund amounts required by subchapter III of chapter 83 and chapter 84.
(c) ACCESS TO RECORDS.—The Airports Authority shall allow representatives of the Secretary
of Transportation adequate access to employees
and employee records of the Airports Authority
when needed to carry out a duty or power related to the period before June 7, 1987. The Secretary shall provide the Airports Authority access to employee records of transferring employees for appropriate purposes.

Page 1113

TITLE 49—TRANSPORTATION

(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2212; amended Pub. L. 105–225, § 7(c)(1)(C),
Aug. 12, 1998, 112 Stat. 1511.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

49107(a) ......

(uncodified).

49107(b) ......

(uncodified).

49107(c) ......

(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6008(a)–(d), (f),
100 Stat. 1783–382, 1783–383.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6008(a)–(d), (f),
100 Stat. 3341–385, 3341–387.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6008(e), 100 Stat.
1783–383.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6008(e), 100 Stat.
3341–386.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6008(g), 100 Stat.
1783–384.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6008(g), 100 Stat.
3341–387.

In subsection (a)(1), the text of section 6008(a), (b)(2d
and last sentences), (c), (d), and (f) of the Metropolitan
Washington Airports Act of 1986 (Public Law 99–500, 100
Stat, 1783–382, 1783–383, Public Law 99–591, 100 Stat.
3341–385, 3341–386, 3341–387) is omitted as obsolete.
In subsection (c), the words ‘‘duty or power’’ are substituted for ‘‘functions’’ for consistency in the revised
title and with other titles of the United States Code.
AMENDMENTS
1998—Subsec. (b). Pub. L. 105–225 substituted ‘‘is subject to subchapter III’’ for ‘‘is subject to subchapter
II’’.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–225 effective Nov. 20, 1997,
see section 7(c)(3) of Pub. L. 105–225, set out as a note
under section 49106 of this title.
RETIREMENT PROVISIONS RELATING TO CERTAIN MEMBERS OF POLICE FORCE OF METROPOLITAN WASHINGTON AIRPORTS AUTHORITY
Pub. L. 106–554, § 1(a)(3) [title VI, § 636], Dec. 21, 2000,
114 Stat. 2763, 2763A–164, provided that:
‘‘(a) QUALIFIED MWAA POLICE OFFICER DEFINED.—For
purposes of this section, the term ‘qualified MWAA police officer’ means any individual who, as of the date of
the enactment of this Act [Dec. 21, 2000]—
‘‘(1) is employed as a member of the police force of
the Metropolitan Washington Airports Authority
(hereafter in this section referred to as an ‘MWAA police officer’); and
‘‘(2) is subject to the Civil Service Retirement System or the Federal Employees’ Retirement System
by virtue of section 49107(b) of title 49, United States
Code.
‘‘(b) ELIGIBILITY TO BE TREATED AS A LAW ENFORCEMENT OFFICER FOR RETIREMENT PURPOSES.—
‘‘(1) IN GENERAL.—Any qualified MWAA police officer may, by written election submitted in accordance
with applicable requirements under subsection (c),
elect to be treated as a law enforcement officer (within the meaning of section 8331 or 8401 of title 5,
United States Code, as applicable), and to have all
prior service described in paragraph (2) similarly
treated.
‘‘(2) PRIOR SERVICE DESCRIBED.—The service described in this paragraph is all service which an individual performed, prior to the effective date of such
individual’s election under this section, as—
‘‘(A) an MWAA police officer; or
‘‘(B) a member of the police force of the Federal
Aviation Administration (hereafter in this section
referred to as an ‘FAA police officer’).
‘‘(c) REGULATIONS.—The Office of Personnel Management shall prescribe any regulations necessary to carry

§ 49108

out this section, including provisions relating to the
time, form, and manner in which any election under
this section shall be made. Such an election shall not
be effective unless—
‘‘(1) it is made before the employee separates from
service with the Metropolitan Washington Airports
Authority, but in no event later than 1 year after the
regulations under this subsection take effect; and
‘‘(2) it is accompanied by payment of an amount
equal to, with respect to all prior service of such employee which is described in subsection (b)(2)—
‘‘(A) the employee deductions that would have
been required for such service under chapter 83 or 84
of title 5, U.S.C. (as the case may be) if such election had then been in effect, minus
‘‘(B) the total employee deductions and contributions under such chapter 83 and 84 (as applicable)
that were actually made for such service,
taking into account only amounts required to be
credited to the Civil Service Retirement and Disability Fund. Any amount under paragraph (2) shall be
computed with interest, in accordance with section
8334(e) of such title 5.
‘‘(d) GOVERNMENT CONTRIBUTIONS.—Whenever a payment under subsection (c)(2) is made by an individual
with respect to such individual’s prior service (as described in subsection (b)(2)), the Metropolitan Washington Airports Authority shall pay into the Civil Service
Retirement and Disability Fund any additional contributions for which it would have been liable, with respect to such service, if such individual’s election
under this section had then been in effect (and, to the
extent of any prior FAA police officer service, as if it
had then been the employing agency). Any amount
under this subsection shall be computed with interest,
in accordance with section 8334(e) of title 5, United
States Code.
‘‘(e) CERTIFICATIONS.—The Office of Personnel Management shall accept, for the purpose of this section,
the certification of—
‘‘(1) the Metropolitan Washington Airports Authority (or its designee) concerning any service performed
by an individual as an MWAA police officer; and
‘‘(2) the Federal Aviation Administration (or its
designee) concerning any service performed by an individual as an FAA police officer.
‘‘(f) REIMBURSEMENT TO COMPENSATE FOR UNFUNDED
LIABILITY.—
‘‘(1) IN GENERAL.—The Metropolitan Washington
Airports Authority shall pay into the Civil Service
Retirement and Disability Fund an amount (as determined by the Director of the Office of Personnel Management) equal to the amount necessary to reimburse
the Fund for any estimated increase in the unfunded
liability of the Fund (to the extent the Civil Service
Retirement System is involved), and for any estimated increase in the supplemental liability of the
Fund (to the extent the Federal Employees’ Retirement System is involved), resulting from the enactment of this section.
‘‘(2) PAYMENT METHOD.—The Metropolitan Washington Airports Authority shall pay the amount so determined in five equal annual installments, with interest (which shall be computed at the rate used in
the most recent valuation of the Federal Employees’
Retirement System).’’

§ 49108. Limitations
After March 31, 2010, the Secretary of Transportation may not approve an application of the
Metropolitan Washington Airports Authority—
(1) for an airport development project grant
under subchapter I of chapter 471 of this title;
or
(2) to impose a passenger facility fee under
section 40117 of this title.
(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2213; amended Pub. L. 106–181, title II,

§ 49109

TITLE 49—TRANSPORTATION

§ 231(h), Apr. 5, 2000, 114 Stat. 115; Pub. L. 108–176,
title VIII, § 804, Dec. 12, 2003, 117 Stat. 2587; Pub.
L. 110–330, § 5(h), Sept. 30, 2008, 122 Stat. 3718;
Pub. L. 111–12, § 5(g), Mar. 30, 2009, 123 Stat. 1458;
Pub. L. 111–69, § 5(h), Oct. 1, 2009, 123 Stat. 2055;
Pub. L. 111–116, § 5(g), Dec. 16, 2009, 123 Stat.
3032.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

49108 ..........

(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6007(i), as added
Oct. 9, 1996, Pub. L.
104–264, title IX, § 905, 110
Stat. 3276.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6007(i), as added
Oct. 9, 1996, Pub. L.
104–264, title IX, § 905, 110
Stat. 3276.

AMENDMENTS
2009—Pub. L. 111–116 substituted ‘‘March 31, 2010,’’ for
‘‘December 31, 2009,’’ in introductory provisions.
Pub. L. 111–69 substituted ‘‘December 31, 2009,’’ for
‘‘September 30, 2009,’’ in introductory provisions.
Pub. L. 111–12 substituted ‘‘September 30, 2009,’’ for
‘‘March 31, 2009,’’ in introductory provisions.
2008—Pub. L. 110–330 substituted ‘‘March 31, 2009,’’ for
‘‘October 1, 2008,’’ in introductory provisions.
2003—Pub. L. 108–176 substituted ‘‘2008’’ for ‘‘2004’’ in
introductory provisions.
2000—Pub. L. 106–181 substituted ‘‘2004’’ for ‘‘2001’’ in
introductory provisions.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–116 effective Jan. 1, 2010,
see section 5(j) of Pub. L. 111–116, set out as a note
under section 40117 of this title.
Amendment by Pub. L. 111–12 effective Apr. 1, 2009,
see section 5(j) of Pub. L. 111–12, set out as a note under
section 40117 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–330 effective Oct. 1, 2008,
see section 5(l) of Pub. L. 110–330, set out as a note
under section 40117 of this title.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 49109. Nonstop flights
An air carrier may not operate an aircraft
nonstop in air transportation between Ronald
Reagan Washington National Airport and another airport that is more than 1,250 statute
miles away from Ronald Reagan Washington National Airport.
(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2213; amended Pub. L. 105–154, § 2(a)(1)(D),
Feb. 6, 1998, 112 Stat. 3.)
HISTORICAL AND REVISION NOTES
Revised
Section
49109 ..........

Source (U.S. Code)
(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6012, 100 Stat.
1783–385.

Page 1114

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6012, 100 Stat.
3341–388.

AMENDMENTS
1998—Pub. L. 105–154 substituted ‘‘Ronald Reagan
Washington National Airport’’ for ‘‘Washington National Airport’’ in two places.

§ 49110. Use of Dulles Airport Access Highway
The Metropolitan Washington Airports Authority shall continue in effect and enforce section 4.2(1) and (2) of the Metropolitan Washington Airports Regulations, as in effect on February 1, 1995. The district courts of the United
States have jurisdiction to compel the Airports
Authority and its officers and employees to
comply with this section. The Attorney General
or an aggrieved party may bring an action on
behalf of the United States Government.
(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2213.)
HISTORICAL AND REVISION NOTES
Revised
Section
49110 ..........

Source (U.S. Code)
(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6013, as added
Oct. 9, 1996, Pub. L.
104–264, title IX, § 906, 110
Stat. 3277.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6013, as added
Oct. 9, 1996, Pub. L.
104–264, title IX, § 906, 110
Stat. 3277.

The words ‘‘Except as provided by subsection (b)’’ and
‘‘the requirements of’’ are omitted as unnecessary.

§ 49111. Relationship to and effect of other laws
(a) SAME POWERS AND RESTRICTIONS UNDER
OTHER LAWS.—To ensure that the Metropolitan
Washington Airports Authority has the same
proprietary powers and is subject to the same
restrictions under United States law as any
other airport except as otherwise provided in
this chapter, during the period that the lease authorized by section 6005 of the Metropolitan
Washington Airports Act of 1986 (Public Law
99–500; 100 Stat. 1783–375; Public Law 99–591; 100
Stat. 3341–378) is in effect—
(1) the Metropolitan Washington Airports
are deemed to be public airports for purposes
of chapter 471 of this title; and
(2) the Act of June 29, 1940 (ch. 444, 54 Stat.
686), the First Supplemental Civil Functions
Appropriations Act, 1941 (ch. 780, 54 Stat. 1030),
and the Act of September 7, 1950 (ch. 905, 64
Stat. 770), do not apply to the operation of the
Metropolitan Washington Airports, and the
Secretary of Transportation is relieved of all
responsibility under those Acts.
(b) INAPPLICABILITY OF CERTAIN LAWS.—The
Metropolitan Washington Airports and the Airports Authority are not subject to the requirements of any law solely by reason of the retention by the United States Government of the fee
simple title to those airports.
(c) POLICE POWER.—Virginia shall have concurrent police power authority over the Metropoli-

Page 1115

tan Washington Airports, and the courts of Virginia may exercise jurisdiction over Ronald
Reagan Washington National Airport.
(d) PLANNING.—(1) The authority of the National Capital Planning Commission under section 8722 of title 40 does not apply to the Airports Authority.
(2) The Airports Authority shall consult
with—
(A) the Commission and the Advisory Council on Historic Preservation before undertaking any major alterations to the exterior
of the main terminal at Washington Dulles
International Airport; and
(B) the Commission before undertaking development that would alter the skyline of
Ronald Reagan Washington National Airport
when viewed from the opposing shoreline of
the Potomac River or from the George Washington Parkway.
(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2213; amended Pub. L. 105–154, § 2(a)(1)(D),
Feb. 6, 1998, 112 Stat. 3; Pub. L. 105–225,
§ 7(c)(1)(D), Aug. 12, 1998, 112 Stat. 1511; Pub. L.
106–181, title II, § 231(j)(1), Apr. 5, 2000, 114 Stat.
115; Pub. L. 107–217, § 3(n)(9), Aug. 21, 2002, 116
Stat. 1303.)
HISTORICAL AND REVISION NOTES
Revised
Section
49111(a) ......

49111(b) ......

§ 49112

TITLE 49—TRANSPORTATION

Source (U.S. Code)
(uncodified).

(uncodified).

49111(c) ......

(uncodified).

49111(d) ......

(uncodified).

49111(e) ......

(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6009(a), 100 Stat.
1783–384.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6009(a), 100 Stat.
3341–387.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6009(b), 100 Stat.
1783–384; Oct. 9, 1996, Pub.
L.
104–264,
title
IX,
§ 904(c)(1), 110 Stat. 3276.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6009(b), 100 Stat.
3341–387; Oct. 9, 1996, Pub.
L.
104–264,
title
IX,
§ 904(c)(1), 110 Stat. 3276.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6009(c), 100 Stat.
1783–384.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6009(c), 100 Stat.
3341–387.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6009(d), 100 Stat.
1783–384.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6009(d), 100 Stat.
3341–387.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6009(e), 100 Stat.
1783–384.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6009(e), 100 Stat.
3341–388.

In subsection (a)(1), the word ‘‘deemed’’ is substituted
for ‘‘considered’’ for consistency in the revised title and
with other titles of the United States Code.
In subsection (e), the text of section 6009(e)(2) of the
Metropolitan Washington Airports Act of 1986 (Public
Law 99–500, 100 Stat. 1783–385, Public Law 99–591, 100
Stat. 3341–388) is omitted as executed.
REFERENCES IN TEXT
Section 6005 of the Metropolitan Washington Airports
Act of 1986, referred to in subsec. (a), is section 6005 of
Pub. L. 99–500, title VI, Oct. 18, 1986, 100 Stat. 1783–375,
and Pub. L. 99–591, title VI, Oct. 30, 1986, 100 Stat.
3341–378, which was classified to section 2454 of former
Title 49, Transportation, and was repealed and reenacted as this section by Pub. L. 105–102, §§ 2(26), 5(b),
Nov. 20, 1997, 111 Stat. 2205, 2217.

Act of June 29, 1940, ch. 444, 54 Stat. 686, referred to
in subsec. (a)(2), was classified to subchapter I (§ 2401 et
seq.) of chapter 33 of former Title 49, Transportation,
and was omitted from the Code when subtitles II, III,
and V to X of Title 49, Transportation, were enacted by
Pub. L. 103–272, July 5, 1994, 108 Stat. 745.
The First Supplemental Civil Functions Appropriations Act, 1941, referred to in subsec. (a)(2), is act Oct.
9, 1940, ch. 780, 54 Stat. 1030. For complete classification
of this Act to the Code, see Tables.
Act of September 7, 1950, ch. 905, 64 Stat. 770, referred
to in subsec. (a)(2), was classified to subchapter II
(§ 2421 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles
II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745.
AMENDMENTS
2002—Subsec. (d)(1). Pub. L. 107–217 substituted ‘‘section 8722 of title 40’’ for ‘‘section 5 of the Act of June
6, 1924 (40 U.S.C. 71d),’’.
2000—Subsec. (e). Pub. L. 106–181 struck out heading
and text of subsec. (e). Text read as follows: ‘‘The Administrator of the Federal Aviation Administration
may not increase the number of instrument flight rule
takeoffs and landings authorized for air carriers by the
High Density Rule (14 CFR 93.121 et seq.) at Ronald
Reagan Washington National Airport on October 18,
1986, and may not decrease the number of those takeoffs and landings except for reasons of safety.’’
1998—Subsec. (b). Pub. L. 105–225 substituted ‘‘retention by’’ for ‘‘retention of’’.
Subsecs. (c), (d)(2)(B), (e). Pub. L. 105–154 substituted
‘‘Ronald Reagan Washington National Airport’’ for
‘‘Washington National Airport’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–225 effective Nov. 20, 1997,
see section 7(c)(3) of Pub. L. 105–225, set out as a note
under section 49106 of this title.

§ 49112. Separability and effect of judicial order
(a) SEPARABILITY.—If any provision of this
chapter, or the application of a provision of this
chapter to a person or circumstance, is held invalid, the remainder of this chapter and the application of the provision to other persons or
circumstances is not affected.
(b) EFFECT OF JUDICIAL ORDER.—(1) If any provision of the Metropolitan Washington Airports
Amendments Act of 1996 (title IX of Public Law
104–264; 110 Stat. 3274) or the amendments made
by the Act, or the application of that provision
to a person, circumstance, or venue, is held invalid by a judicial order, the Secretary of Transportation and the Metropolitan Washington Airports Authority shall be subject to section 49108
of this title from the day after the day the order
is issued.
(2) Any action of the Airports Authority that
was required to be submitted to the Board of Review under section 6007(f)(4) of the Metropolitan
Washington Airports Act of 1986 (Public Law
99–500; 100 Stat. 1783–380; Public Law 99–599; 100
Stat. 3341–383) before October 9, 1996, remains in
effect and may not be set aside only because of
a judicial order invalidating certain functions of
the Board.
(Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111
Stat. 2214.)

§ 50101

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section

Source (U.S. Code)

49112(a) ......

(uncodified).

49112(b)(1) ..

(uncodified).

49112(b)(2) ..

(uncodified).

Source (Statutes at Large)
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6011, 100 Stat.
1783–385; Oct. 9, 1996, Pub.
L.
104–264,
title
IX,
§ 904(c)(2), 110 Stat. 3276.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6011, 100 Stat.
3341–388; Oct. 9, 1996, Pub.
L.
104–264,
title
IX,
§ 904(c)(2), 110 Stat. 3276.
Oct. 18, 1986, Pub. L. 99–500,
title VI, § 6014, as added
Oct. 9, 1996, Pub. L.
104–264, title IX, § 907, 110
Stat. 3277.
Oct. 30, 1986, Pub. L. 99–591,
title VI, § 6014, as added
Oct. 9, 1996, Pub. L.
104–264, title IX, § 907, 110
Stat. 3277.
Oct. 9, 1996, Pub. L. 104–264,
title IX, § 904(d), 110 Stat.
3276.

In subsection (a), the word ‘‘thereby’’ is omitted as
surplus.
In subsection (b)(1), the words ‘‘the limitations described in’’ are omitted as unnecessary.
REFERENCES IN TEXT
The Metropolitan Washington Airports Amendments
Act of 1996, referred to in subsec. (b)(1), is title IX of
Pub. L. 104–264, Oct. 9, 1996, 110 Stat. 3274, which amended the Metropolitan Washington Airports Act of 1986,
title VI of Pub. L. 99–500, Oct. 18, 1986, 100 Stat. 1783–373,
and title VI of Pub. L. 99–591, Oct. 30, 1986, 100 Stat.
3341–376, as amended. The Metropolitan Washington
Airports Act of 1986 was classified generally to subchapter III (§ 2451 et seq.) of chapter 33 of former Title
49, Transportation, and was repealed and reenacted as
this chapter by Pub. L. 105–102, §§ 2(26), 5(b), Nov. 20,
1997, 111 Stat. 2205, 2217.
Section 6007(f)(4) of the Metropolitan Washington
Airports Act of 1986, referred to in subsec. (b)(2), is section 6007(f)(4) of Pub. L. 99–500, title VI, Oct. 18, 1986, 100
Stat. 1783–379, and Pub. L. 99–591, title VI, Oct. 30, 1986,
100 Stat. 3341–382, which related to a Board of Review
and was classified to section 2456(f)(4) of former Title
49, Transportation. Subsec. (f) of section 6007 was repealed and subsec. (g) redesignated (f) by Pub. L.
104–264, title IX, § 904(a), Oct. 9, 1996, 110 Stat. 3276. Section 6007 was subsequently repealed and reenacted as
section 49106 of Title 49, Transportation, by Pub. L.
105–102, §§ 2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217,
and does not contain provisions relating to a Board of
Review.

PART E—MISCELLANEOUS
AMENDMENTS
1996—Pub. L. 104–287, § 5(88)(A), Oct. 11, 1996, 110 Stat.
3398, redesignated part D of this subtitle as this part.

CHAPTER 501—BUY-AMERICAN
PREFERENCES
Sec.

50101.
50102.
50103.
50104.
50105.

Buying goods produced in the United States.
Restricting contract awards because of discrimination against United States goods or
services.
Contract preference for domestic firms.
Restriction on airport projects using products
or services of foreign countries denying fair
market opportunities.
Fraudulent use of ‘‘Made in America’’ label.
AMENDMENTS

1996—Pub. L. 104–287, § 5(88)(B), (C), Oct. 11, 1996, 110
Stat. 3398, redesignated chapter 491 of this title as this
chapter and items 49101 to 49105 as 50101 to 50105, respectively.

Page 1116

§ 50101. Buying goods produced in the United
States
(a) PREFERENCE.—The Secretary of Transportation may obligate an amount that may be appropriated to carry out section 106(k),
44502(a)(2), or 44509, subchapter I of chapter 471
(except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title
for a project only if steel and manufactured
goods used in the project are produced in the
United States.
(b) WAIVER.—The Secretary may waive subsection (a) of this section if the Secretary finds
that—
(1) applying subsection (a) would be inconsistent with the public interest;
(2) the steel and goods produced in the
United States are not produced in a sufficient
and reasonably available amount or are not of
a satisfactory quality;
(3) when procuring a facility or equipment
under section 44502(a)(2) or 44509, subchapter I
of chapter 471 (except section 47127), or chapter
481 (except sections 48102(e), 48106, 48107, and
48110) of this title—
(A) the cost of components and subcomponents produced in the United States is more
than 60 percent of the cost of all components
of the facility or equipment; and
(B) final assembly of the facility or equipment has occurred in the United States; or
(4) including domestic material will increase
the cost of the overall project by more than 25
percent.
(c) LABOR COSTS.—In this section, labor costs
involved in final assembly are not included in
calculating the cost of components.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1298,
§ 49101; renumbered § 50101 and amended Pub. L.
104–287, § 5(88)(D), (89), Oct. 11, 1996, 110 Stat.
3398.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

49101(a) ......

49 App.:2226a(a).

49101(b) ......
49101(c) ......

49 App.:2226a(b).
49 App.:2226a(c).

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9129, 104 Stat. 1388–371.

In this chapter, the word ‘‘goods’’ is substituted for
‘‘product’’ and ‘‘products’’ for consistency.
In subsection (a), the words ‘‘Notwithstanding any
other provision of law’’ are omitted as surplus. The
words ‘‘after November 5, 1990’’ are omitted as obsolete.
In subsection (b), before clause (1), the words ‘‘The
Secretary may waive’’ are substituted for ‘‘shall not
apply’’ for consistency. In clause (2), the words ‘‘steel
and goods’’ are substituted for ‘‘materials and products’’ for consistency. In clause (4), the word ‘‘contract’’ is omitted as surplus.
PUB. L. 104–287, § 5(89)
This makes a clarifying amendment to 49:50101(a) and
(b)(3), 50102, 50104(b)(1), and 50105, as redesignated by
clause (88)(D) of this section, because 49:47106(d) was
struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305,
108 Stat. 1573).
AMENDMENTS
1996—Pub. L. 104–287, § 5(88)(D), renumbered section
49101 of this title as this section.

Page 1117

§ 50103

TITLE 49—TRANSPORTATION

Subsecs. (a), (b)(3). Pub. L. 104–287, § 5(89), substituted
‘‘section 47127’’ for ‘‘sections 47106(d) and 47127’’.
USE OF DOMESTIC PRODUCTS
Pub. L. 103–305, title III, § 305, Aug. 23, 1994, 108 Stat.
1592, provided that:
‘‘(a) PROHIBITION AGAINST FRAUDULENT USE OF ‘MADE
IN AMERICA’ LABELS.—(1) A person shall not intentionally affix a label bearing the inscription of ‘Made in
America’, or any inscription with that meaning, to any
product sold in or shipped to the United States, if that
product is not a domestic product.
‘‘(2) A person who violates paragraph (1) shall not be
eligible for any contract for a procurement carried out
with amounts authorized under this title [enacting section 47509 of this title, amending sections 44505 and
48102 of this title, and enacting provisions set out as
notes under this section and section 40101 of this title],
including any subcontract under such a contract pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of
Federal Regulations, or any successor procedures
thereto.
‘‘(b) COMPLIANCE WITH BUY AMERICAN ACT.—(1) Except as provided in paragraph (2), the head of each office within the Federal Aviation Administration that
conducts procurements shall ensure that such procurements are conducted in compliance with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a
through 10c [41 U.S.C. 10a—10b–1], popularly known as
the ‘Buy American Act’).
‘‘(2) This subsection shall apply only to procurements
made for which—
‘‘(A) amounts are authorized by this title to be
made available; and
‘‘(B) solicitations for bids are issued after the date
of the enactment of this Act [Aug. 23, 1994].
‘‘(3) The Secretary, before January 1, 1995, shall report to the Congress on procurements covered under
this subsection of products that are not domestic products.
‘‘(c) DEFINITIONS.—For the purposes of this section,
the term ‘domestic product’ means a product—
‘‘(1) that is manufactured or produced in the United
States; and
‘‘(2) at least 50 percent of the cost of the articles,
materials, or supplies of which are mined, produced,
or manufactured in the United States.’’
Similar provisions were contained in the following
prior authorization act: Pub. L. 102–581, title III, § 305,
Oct. 31, 1992, 106 Stat. 4896.
PURCHASE OF AMERICAN MADE EQUIPMENT AND
PRODUCTS
Pub. L. 103–305, title III, § 306, Aug. 23, 1994, 108 Stat.
1593, provided that:
‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress
that any recipient of a grant under this title [enacting
section 47509 of this title, amending sections 44505 and
48102 of this title, and enacting provisions set out as
notes under this section and section 40101 of this title],
or under any amendment made by this title, should
purchase, when available and cost-effective, American
made equipment and products when expending grant
monies.
‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In allocating grants under this title, or under any amendment
made by this title, the Secretary shall provide to each
recipient a notice describing the statement made in
subsection (a) by the Congress.’’

§ 50102. Restricting contract awards because of
discrimination against United States goods
or services
A person or enterprise domiciled or operating
under the laws of a foreign country may not
make a contract or subcontract under section
106(k), 44502(a)(2), or 44509, subchapter I of chap-

ter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of
this title or subtitle B of title IX of the Omnibus
Budget Reconciliation Act of 1990 (Public Law
101–508, 104 Stat. 1388–353) if the government of
that country unfairly maintains, in government
procurement, a significant and persistent pattern of discrimination against United States
goods or services that results in identifiable
harm to United States businesses, that the
President identifies under section 305(g)(1)(A) of
the Trade Agreements Act of 1979 (19 U.S.C.
2515(g)(1)(A)).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1298,
§ 49102; renumbered § 50102 and amended Pub. L.
104–287, § 5(88)(D), (89), Oct. 11, 1996, 110 Stat.
3398.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
49102 ..........

Source (U.S. Code)
49 App.:2226c.

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9131, 104 Stat. 1388–372;
Oct. 31, 1992, Pub. L.
102–581, § 118(b), 106 Stat.
4883.

The words ‘‘government of that country’’ are substituted for ‘‘that government’’ for consistency in the
revised title and with other titles of the United States
Code.
PUB. L. 104–287, § 5(89)
This makes a clarifying amendment to 49:50101(a) and
(b)(3), 50102, 50104(b)(1), and 50105, as redesignated by
clause (88)(D) of this section, because 49:47106(d) was
struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305,
108 Stat. 1573).
REFERENCES IN TEXT
Subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990, referred to in text, is subtitle B
(§§ 9101–9131) of title IX of Pub. L. 101–508, Nov. 5, 1990,
104 Stat. 1388–353, as amended, known as the Aviation
Safety and Capacity Expansion Act of 1990. Sections
9102 to 9105, 9107 to 9112(b), 9113 to 9115, 9118, 9121 to 9123,
9124 ‘‘Sec. 613(c)’’, 9125, 9127, and 9129 to 9131 of title IX
of Pub. L. 101–508 were repealed by Pub. L. 103–272,
§ 7(b), July 5, 1994, 108 Stat. 1379, the first section of
which enacted subtitles II, III, and V to X of Title 49,
Transportation. For complete classification of this Act
to the Code, see Tables. For disposition of sections of
former Title 49, see table at the beginning of Title 49.
AMENDMENTS
1996—Pub. L. 104–287, § 5(89), substituted ‘‘section
47127’’ for ‘‘sections 47106(d) and 47127’’.
Pub. L. 104–287, § 5(88)(D), renumbered section 49102 of
this title as this section.

§ 50103. Contract preference for domestic firms
(a) DEFINITIONS.—In this section—
(1) ‘‘domestic firm’’ means a business entity
incorporated, and conducting business, in the
United States.
(2) ‘‘foreign firm’’ means a business entity
not described in clause (1) of this subsection.
(b) PREFERENCE.—Subject to subsections (c)
and (d) of this section, the Administrator of the
Federal Aviation Administration may make,
with a domestic firm, a contract related to a
grant made under section 44511, 44512, or 44513 of

§ 50104

TITLE 49—TRANSPORTATION

this title that, under competitive procedures,
would be made with a foreign firm, if—
(1) the Administrator decides, and the Secretary of Commerce and the United States
Trade Representative concur, that the public
interest requires making the contract with
the domestic firm, considering United States
international obligations and trade relations;
(2) the difference between the bids submitted
by the foreign firm and the domestic firm is
not more than 6 percent;
(3) the final product of the domestic firm
will be assembled completely in the United
States; and
(4) at least 51 percent of the final product of
the domestic firm will be produced in the
United States.
(c) NONAPPLICATION.—Subsection (b) of this
section does not apply if—
(1) compelling national security considerations require that subsection (b) of this section not apply; or
(2) the Trade Representative decides that
making the contract would violate the multilateral trade agreements (as defined in section
3501(4) of title 19) or an international agreement to which the United States is a party.
(d) APPLICATION TO CERTAIN GRANTS.—This
section applies only to a contract related to a
grant made under section 44511, 44512, or 44513 of
this title for which—
(1) an amount is authorized by section
48102(a), (b), or (d) of this title to be made
available for the fiscal years ending September 30, 1991, and September 30, 1992; and
(2) a solicitation for bid is issued after November 5, 1990.
(e) REPORT.—The Administrator shall submit a
report to Congress on—
(1) contracts to which this section applies
that are made with foreign firms in the fiscal
years ending September 30, 1991, and September 30, 1992;
(2) the number of contracts that meet the requirements of subsection (b) of this section,
but that the Trade Representative decides
would violate the multilateral trade agreements (as defined in section 3501(4) of title 19)
or an international agreement to which the
United States is a party; and
(3) the number of contracts made under this
section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1298,
§ 49103; renumbered § 50103, Pub. L. 104–287,
§ 5(88)(D), Oct. 11, 1996, 110 Stat. 3398; amended
Pub. L. 106–36, title I, § 1002(i), June 25, 1999, 113
Stat. 134.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

49103(a) ......

49 App.:2226d(e).

49103(b)
49103(c)
49103(d)
49103(e)

49
49
49
49

......
......
......
......

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9207, 104 Stat. 1388–375.

App.:2226d(a).
App.:2226d(b).
App.:2226d(c).
App.:2226d(d).

In subsection (a), the text of 49 App.:2226d(e)(1) is
omitted because the complete name of the Administrator of the Federal Aviation Administration is used
the first time the term appears in a section.

Page 1118

In subsection (b), before clause (1), the words ‘‘Subject to subsections (c) and (d) of this section’’ are added
to alert the reader to the limitations in those subsections. In clause (1), the words ‘‘requires making the
contract with the domestic firm’’ are substituted for
‘‘so requires’’ for clarity. The words ‘‘considering
United States international obligations and trade relations’’ are substituted for ‘‘In determining under this
subsection whether the public interest so requires, the
Administrator shall take into account United States
international obligations and trade relations’’ to eliminate unnecessary words. In clause (4), the words ‘‘when
completely assembled’’ are omitted as surplus. The
words ‘‘produced in the United States’’ are substituted
for ‘‘domestically produced’’ for consistency with
clause (3).
In subsection (c), the words ‘‘(1) such applicability
would not be in the public interest’’ are omitted as redundant to subsection (b)(1) of the revised section.
In subsection (e)(1), the words ‘‘foreign firms’’ are
substituted for ‘‘foreign entities’’ for consistency in the
revised section.
Subsection (e)(3) is substituted for ‘‘the number of
contracts covered under this subtitle (including the
amendments made by this subtitle) and awarded based
upon the parameters of this section’’ to eliminate unnecessary words.
AMENDMENTS
1999—Subsecs. (c)(2), (e)(2). Pub. L. 106–36 substituted
‘‘multilateral trade agreements (as defined in section
3501(4) of title 19)’’ for ‘‘General Agreement on Tariffs
and Trade’’.
1996—Pub. L. 104–287 renumbered section 49103 of this
title as this section.

§ 50104. Restriction on airport projects using
products or services of foreign countries denying fair market opportunities
(a) DEFINITION AND RULES FOR CONSTRUING
SECTION.—In this section—
(1) ‘‘project’’ has the same meaning given
that term in section 47102 of this title.
(2) each foreign instrumentality and each
territory and possession of a foreign country
administered separately for customs purposes
is a separate foreign country.
(3) an article substantially produced or manufactured in a foreign country is a product of
the country.
(4) a service provided by a person that is a
national of a foreign country or that is controlled by a national of a foreign country is a
service of the country.
(b) LIMITATION ON USE OF AVAILABLE
AMOUNTS.—(1) An amount made available under
subchapter I of chapter 471 of this title (except
section 47127) may not be used for a project that
uses a product or service of a foreign country
during any period the country is on the list
maintained by the United States Trade Representative under subsection (d)(1) of this section.
(2) Paragraph (1) of this subsection does not
apply when the Secretary of Transportation decides that—
(A) applying paragraph (1) to the product,
service, or project is not in the public interest;
(B) a product or service of the same class or
type and of satisfactory quality is not produced or offered in the United States, or in a
foreign country not listed under subsection
(d)(1) of this section, in a sufficient and reasonably available amount; and

Page 1119

(C) the project cost will increase by more
than 20 percent if the product or service is excluded.
DENIAL OF FAIR MARKET OPlater than 30 days after a report is submitted to Congress under section
181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)),
the Trade Representative, for a construction
project of more than $500,000 for which the government of a foreign country supplies any part
of the amount, shall decide whether the foreign
country denies fair market opportunities for
products and suppliers of the United States in
procurement or for United States bidders. In
making the decision, the Trade Representative
shall consider information obtained in preparing
the report and other information the Trade Representative considers relevant.
(d) LIST OF COUNTRIES DENYING FAIR MARKET
OPPORTUNITIES.—(1) The Trade Representative
shall maintain a list of each foreign country the
Trade Representative finds under subsection (c)
of this section is denying fair market opportunities. The country shall remain on the list until
the Trade Representative decides the country
provides fair market opportunities.
(2) The Trade Representative shall publish in
the Federal Register—
(A) annually the list required under paragraph (1) of this subsection; and
(B) any modification of the list made before
the next list is published.
(c) DECISIONS ON
PORTUNITIES.—Not

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1299,
§ 49104; renumbered § 50104 and amended Pub. L.
104–287, § 5(88)(D), (89), Oct. 11, 1996, 110 Stat.
3398.)

PUB. L. 104–287, § 5(89)
This makes a clarifying amendment to 49:50101(a) and
(b)(3), 50102, 50104(b)(1), and 50105, as redesignated by
clause (88)(D) of this section, because 49:47106(d) was
struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305,
108 Stat. 1573).
AMENDMENTS
1996—Pub. L. 104–287, § 5(88)(D), renumbered section
49104 of this title as this section.
Subsec. (b)(1). Pub. L. 104–287, § 5(89), substituted
‘‘section 47127’’ for ‘‘sections 47106(d) and 47127’’.

§ 50105. Fraudulent use of ‘‘Made in America’’
label
If the Secretary of Transportation decides
that a person intentionally affixed a ‘‘Made in
America’’ label to goods sold in or shipped to
the United States that are not made in the
United States, the Secretary shall declare the
person ineligible, for not less than 3 nor more
than 5 years, to receive a contract or grant from
the United States Government related to a contract made under section 106(k), 44502(a)(2), or
44509, subchapter I of chapter 471 (except section
47127), or chapter 481 (except sections 48102(e),
48106, 48107, and 48110) of this title or subtitle B
of title IX of the Omnibus Budget Reconciliation
Act of 1990 (Public Law 101–508, 104 Stat.
1388–353). The Secretary may bring a civil action
to enforce this section in any district court of
the United States.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1300,
§ 49105; renumbered § 50105 and amended Pub. L.
104–287, § 5(88)(D), (89), Oct. 11, 1996, 110 Stat.
3398.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272

HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

§ 50105

TITLE 49—TRANSPORTATION

Source (U.S. Code)

49104(a)(1) ..
49104(a)(2)–
(4).

(no source).
49 App.:2226(d).

49104(b) ......
49104(c) ......
49104(d) ......

49 App.:2226(a).
49 App.:2226(b).
49 App.:2226(c).

Source (Statutes at Large)

Revised
Section
49105 ..........

Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 533; added
Dec. 30, 1987, Pub. L.
100–223, § 115, 101 Stat.
1505.

Subsection (a)(1) is added for clarity.
In subsection (b)(1), the words ‘‘subchapter I of chapter 471 of this title (except sections 47106(d) and 47127)’’
are substituted for ‘‘Act’’ in section 533(a)(1) of the Airport and Airway Development Act of 1982, as added by
section 115 of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101
Stat. 1505) to correct a mistake.
In subsection (b)(2), before clause (A), the words
‘‘with respect to the use of a product or service in a
project’’ are omitted as surplus. In clause (B), the
words ‘‘or service’’ are added for clarity and consistency in this section. In clause (C), the words ‘‘overall’’
and ‘‘contract’’ are omitted as surplus.
In subsection (c), the words ‘‘the date which is’’, ‘‘the
date on which’’, ‘‘or not’’, and ‘‘and equitable’’ are
omitted as surplus.
In subsection (d)(1), the words ‘‘finds under subsection (c) of this section is denying fair market opportunities’’ are substituted for ‘‘with respect to which an
affirmative determination is made under subsection
(b)’’ for clarity.
In subsection (d)(2)(A), the word ‘‘entire’’ is omitted
as surplus.

Source (U.S. Code)
49 App.:2226b.

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–508,
§ 9130, 104 Stat. 1388–372;
Oct. 31, 1992, Pub. L.
102–581, § 118(a), 106 Stat.
4883.

PUB. L. 104–287, § 5(89)
This makes a clarifying amendment to 49:50101(a) and
(b)(3), 50102, 50104(b)(1), and 50105, as redesignated by
clause (88)(D) of this section, because 49:47106(d) was
struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305,
108 Stat. 1573).
REFERENCES IN TEXT
Subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990, referred to in text, is subtitle B
(§§ 9101–9131) of title IX of Pub. L. 101–508, Nov. 5, 1990,
104 Stat. 1388–353, as amended, known as the Aviation
Safety and Capacity Expansion Act of 1990. Sections
9102 to 9105, 9107 to 9112(b), 9113 to 9115, 9118, 9121 to 9123,
9124 ‘‘Sec. 613(c)’’, 9125, 9127, and 9129 to 9131 of title IX
of Pub. L. 101–508 were repealed by Pub. L. 103–272,
§ 7(b), July 5, 1994, 108 Stat. 1379, the first section of
which enacted subtitles II, III, and V to X of Title 49,
Transportation. For complete classification of this Act
to the Code, see Tables. For disposition of sections of
former Title 49, Transportation, see table at the beginning of Title 49.
AMENDMENTS
1996—Pub. L. 104–287, § 5(89), substituted ‘‘section
47127’’ for ‘‘sections 47106(d) and 47127’’.

§ 60101

TITLE 49—TRANSPORTATION

Pub. L. 104–287, § 5(88)(D), renumbered section 49105 of
this title as this section.

SUBTITLE VIII—PIPELINES
Chapter

601.
603.
605.

Sec.

Safety ...................................................... 60101
User Fees ............................................... 60301
Interstate Commerce Regulation .... 60501
CHAPTER 601—SAFETY

Sec.

60101.
60102.
60103.
60104.
60105.
60106.
60107.
60108.
60109.
60110.
60111.
60112.
60113.
60114.
60115.
60116.
60117.
60118.
60119.
60120.
60121.
60122.
60123.
60124.
60125.
60126.
60127.
60128.
60129.
60130.
60131.
60132.
60133.
60134.
60135.
60136.
60137.

Definitions.
Purpose and general authority.
Standards for liquefied natural gas pipeline
facilities.
Requirements and limitations.
State pipeline safety program certifications.
State pipeline safety agreements.
State pipeline safety grants.
Inspection and maintenance.
High-density population areas and environmentally sensitive areas.
Excess flow valves.
Financial responsibility for liquefied natural
gas facilities.
Pipeline facilities hazardous to life and property.
Customer-owned natural gas service lines.
One-call notification systems.
Technical safety standards committees.
Public education programs.
Administrative.
Compliance and waivers.
Judicial review.
Enforcement.
Actions by private persons.
Civil penalties.
Criminal penalties.
Biennial reports.
Authorization of appropriations.
Risk management.
Population encroachment and rights-of-way.
Dumping within pipeline rights-of-way.
Protection of employees providing pipeline
safety information.
Pipeline safety information grants to communities.
Verification of pipeline qualification programs.
National pipeline mapping system.
Coordination of environmental reviews.
State damage prevention programs.
Enforcement transparency.
Petroleum product transportation capacity
study.
Pipeline control room management.
AMENDMENTS

2006—Pub. L. 109–468, §§ 2(b)(3), 6(b), 8(b), 12(b), Dec. 29,
2006, 120 Stat. 3489, 3491, 3492, 3495, added items 60134 to
60137.
2002—Pub. L. 107–355, §§ 6(c), 9(c), 11(b), 13(a)(2), 15(b),
16(b), 20(a)(2)(B), Dec. 17, 2002, 116 Stat. 2993, 2995, 2997,
3001, 3006, 3008, 3010, substituted ‘‘Purpose and general
authority’’ for ‘‘General authority’’ in item 60102 and
‘‘Population encroachment and rights-of-way’’ for
‘‘Population encroachment’’ in item 60127 and added
items 60129 to 60133.
1996—Pub. L. 104–304, §§ 5(f)[(b)], 15(c)[(b)], 16(b),
18(b)(2), 20(e), Oct. 12, 1996, 110 Stat. 3800, 3803, 3804, substituted ‘‘State pipeline safety program certifications’’
for ‘‘State certifications’’ in item 60105, ‘‘State pipeline
safety agreements’’ for ‘‘State agreements’’ in item
60106, ‘‘State pipeline safety grants’’ for ‘‘State grants’’
in item 60107, and ‘‘Biennial reports’’ for ‘‘Annual reports’’ in item 60124 and added items 60126, 60127, and
60128.

Page 1120

§ 60101. Definitions
(a) GENERAL.—In this chapter—
(1) ‘‘existing liquefied natural gas facility’’—
(A) means a liquefied natural gas facility
for which an application to approve the site,
construction, or operation of the facility
was filed before March 1, 1978, with—
(i) the Federal Energy Regulatory Commission (or any predecessor); or
(ii) the appropriate State or local authority, if the facility is not subject to the
jurisdiction of the Commission under the
Natural Gas Act (15 U.S.C. 717 et seq.); but
(B) does not include a facility on which
construction is begun after November 29,
1979, without the approval;
(2) ‘‘gas’’ means natural gas, flammable gas,
or toxic or corrosive gas;
(3) ‘‘gas pipeline facility’’ includes a pipeline, a right of way, a facility, a building, or
equipment used in transporting gas or treating
gas during its transportation;
(4) ‘‘hazardous liquid’’ means—
(A) petroleum or a petroleum product; and
(B) a substance the Secretary of Transportation decides may pose an unreasonable
risk to life or property when transported by
a hazardous liquid pipeline facility in a liquid state (except for liquefied natural gas);
(5) ‘‘hazardous liquid pipeline facility’’ includes a pipeline, a right of way, a facility, a
building, or equipment used or intended to be
used in transporting hazardous liquid;
(6) ‘‘interstate gas pipeline facility’’ means a
gas pipeline facility—
(A) used to transport gas; and
(B) subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C.
717 et seq.);
(7) ‘‘interstate hazardous liquid pipeline facility’’ means a hazardous liquid pipeline facility used to transport hazardous liquid in
interstate or foreign commerce;
(8) ‘‘interstate or foreign commerce’’—
(A) related to gas, means commerce—
(i) between a place in a State and a place
outside that State; or
(ii) that affects any commerce described
in subclause (A)(i) of this clause; and
(B) related to hazardous liquid, means
commerce between—
(i) a place in a State and a place outside
that State; or
(ii) places in the same State through a
place outside the State;
(9) ‘‘intrastate gas pipeline facility’’ means a
gas pipeline facility and transportation of gas
within a State not subject to the jurisdiction
of the Commission under the Natural Gas Act
(15 U.S.C. 717 et seq.);
(10) ‘‘intrastate hazardous liquid pipeline facility’’ means a hazardous liquid pipeline facility that is not an interstate hazardous liquid pipeline facility;
(11) ‘‘liquefied natural gas’’ means natural
gas in a liquid or semisolid state;
(12) ‘‘liquefied natural gas accident’’ means a
release, burning, or explosion of liquefied nat-