486
ity 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 exces-
sive 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 com-
pensation 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 pro-
vided by aircraft that regularly fly above 8,000 feet in altitude.
§ 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 Sec-
retary 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, establish-
ing the level of essential air transportation, when the Secretary receives no-
tice 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 6-month period be-
487
ginning 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 peti-
tion by an appropriate representative of the place, shall prohibit an air car-
rier 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 sched-
uled air service;
(B) the contractual and marketing arrangements the applicant has
made with a larger 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 transpor-
tation 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 appro-
priate. The Secretary shall end payment of compensation to an air carrier
for providing basic essential air service to an eligible place when the Sec-
retary decides the compensation is no longer necessary to maintain basic es-
sential air service to the place.
488
(e) REVIEW.—The Secretary shall review periodically the level of basic es-
sential air service for each eligible place. Based on the review and consulta-
tions with an interested community and the appropriate State authority of
the State in which the community is located, the Secretary may make ap-
propriate adjustments in the level of service.
§ 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 serv-
ice established for that place under section 41733 of this title only after giv-
ing 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
additional 30-day period or until another carrier begins to provide basic es-
sential 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 Sec-
retary 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 pro-
viding basic essential air service to an eligible place is required to continue
to provide service to the place under this section after the 90-day notice pe-
riod 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 com-
pensation sufficient—
489
(1) to pay for the fully allocated actual cost to the carrier of per-
forming 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 operat-
ing 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 provid-
ing 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 no-
tice period that is sufficient—
(1) to pay for the fully allocated actual cost to the carrier of per-
forming 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 operat-
ing 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 to provide basic essential air service to an eligible
place, the Secretary shall continue to make every effort to find another car-
rier to provide at least that basic essential air service to the place on a con-
tinuing basis.
(g) TRANSFER OF AUTHORITY.—If an air carrier, providing basic essen-
tial air service under section 41733 of this title between an eligible place
and an airport at which the Administrator of the Federal Aviation Adminis-
tration 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 pro-
vide 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 pro-
vide the service, if—
(1) the carrier that will provide the service needs the authority; and
490
(2) the authority to be transferred is being used only to provide air
service to the eligible place.
§ 41735. Enhanced essential air service
(a) PROPOSALS.—(1) A State or local government may submit a proposal
to the Secretary of 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 pe-
riod 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 decid-
ing whether enhanced essential air service to an eligible place under this sec-
tion 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 rea-
sonable; or
(2) if the Secretary decides the proposal is not reasonable, dis-
approve 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 compensa-
tion under this section when and in the way the Secretary decides is appro-
priate. 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
491
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 serv-
ice;
(B) the State or local government or person agreeing to pay com-
pensation 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.
(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 com-
pensation, based on the review and consultation with the affected commu-
nity and the State or local government or person paying the remaining 50
percent of the compensation, the Secretary shall make appropriate adjust-
ments in the type and level of service to the place.
(3) For service for which the Government pays 100 percent of the com-
pensation, based on the review and consultation with the State or local gov-
ernment submitting the proposal, the Secretary shall decide whether the
service has succeeded for at least a 2-year period under the criteria pre-
scribed 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, sus-
pending, or reducing the service. This subsection does not relieve the carrier
of an obligation under section 41734 of this title.
§ 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 com-
pensation 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 com-
pensation under this section; and
492
(B)(i) approve the proposal if the State or local government or a per-
son is willing and able to pay 50 percent of the compensation for pro-
viding 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.
(2) In deciding whether a proposal is reasonable, the Secretary shall con-
sider, among other factors—
(A) the traffic-generating potential of the place;
(B) the cost to the United States Government of providing the pro-
posed transportation; and
(C) the distance of the place from the closest hub airport.
(b) APPROVAL FOR CERTAIN AIR TRANSPORTATION.—Notwithstanding
subsection (a)(1)(B) of this section, the Secretary shall approve a proposal
under this section to compensate an air carrier for providing air transpor-
tation 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 air-
port 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 per-
son is willing and able to pay 25 percent of the cost of providing the
compensated transportation.
(c) LEVEL OF AIR TRANSPORTATION.—(1) If the Secretary designates a
place under subsection (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 sub-
section (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
493
may submit an application to provide the transportation. In selecting an ap-
plicant, 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 compensa-
tion under this section when and in the way the Secretary decides is appro-
priate. The Secretary shall continue to pay compensation under this section
only as long as—
(A) the air carrier maintains the level of air transportation estab-
lished by the Secretary under subsection (c)(1) of this section;
(B) the State or local government or person agreeing to pay com-
pensation 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 con-
sultation with any interested community, the appropriate State authority of
the State in which the community is located, and the State or local govern-
ment 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 no-
tice and an opportunity for interested persons to comment, the Secretary
may withdraw the designation of a place under subsection (a)(1) of this sec-
tion 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 Sec-
retary by regulation shall prescribe standards for deciding whether the with-
drawal 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 transpor-
tation 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 be-
fore ending, suspending, or reducing the transportation.
494
§ 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 car-
rier 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 trans-
portation 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 rea-
sons 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 Rev-
enue Code of 1986 (26 U.S.C. 9502) to pay compensation under this sub-
chapter. An agreement by the Secretary under this subsection is a contrac-
tual 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.
495
§ 41738. Fitness of air carriers
Notwithstanding section 40109(a) and (c)–(h) of this title, an air carrier
may provide air service 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 oper-
ations related to the service or transportation, conform to the safety
standards prescribed by the Administrator of the Federal Aviation Ad-
ministration.
§ 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.
§ 41740. Joint proposals
The Secretary of Transportation shall encourage the submission of joint
proposals by 2 or more air carriers for providing air service or air transpor-
tation under this subchapter through arrangements that maximize the serv-
ice or transportation to and from major destinations beyond the hub.
§ 41741. Insurance
The Secretary of Transportation may pay an air carrier compensation
under this subchapter only when the carrier files with the Secretary an in-
surance 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 indi-
vidual, 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.
§ 41742. Ending effective date
This subchapter is not effective after September 30, 1998.
CHAPTER 419—TRANSPORTATION OF MAIL
Sec.
41901.
General authority.
41902.
Schedules for certain transportation of mail.
41903.
Duty to provide certain transportation of mail.
41904.
Noncitizens transporting mail to or in foreign countries.
41905.
Regulating air carrier transportation of foreign mail.
41906.
Emergency mail transportation.
41907.
Prices for foreign transportation of mail.
41908.
Prices for transporting mail of foreign countries.
41909.
Duty to oppose unreasonable prices under the Universal Postal Union Convention.
41910.
Weighing mail.
41911.
Evidence of providing mail service.
41912.
Effect on foreign postal arrangements.
496
§ 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 sec-
tion 5402(d) and (f) 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, rea-
sonable prices to be paid by the Postal Service for the transportation
of mail by aircraft in foreign air transportation or 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 aircraft-mile, 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 air-
craft that is incidental to transportation of mail by aircraft or necessary be-
cause of emergency conditions related to aircraft operations.
(d) AUTHORITY TO PRESCRIBE DIFFERENT PRICES.—Considering condi-
tions peculiar to transportation by aircraft and to particular air 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 dif-
ferent classes of service. In prescribing a price for a carrier under this sec-
tion, the Secretary shall consider, among other factors, the following:
(1) the condition that the carrier may hold and operate under a cer-
tificate authorizing the transportation of mail only by providing nec-
essary 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 in-
troduce as part of the record in every proceeding under this section a com-
prehensive statement of the services to be required of the air carrier and
497
other information the Postal Service has that the Secretary considers mate-
rial to the proceeding.
(g) EXPIRATION DATE.—The authority of the Secretary under this part
and section 5402 of title 39 providing for the transportation of mail by air-
craft between places in Alaska expires on the date specified in section
5402(f) of title 39.
§ 41902. Schedules for certain transportation of mail
(a) REQUIREMENT.—Except as provided in section 41906 of this title and
section 5402 of title 39, an air carrier may transport mail by aircraft in
foreign air transportation or 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 Secretary of Transportation and the United States Postal Serv-
ice a statement showing—
(1) the places between which the carrier is authorized to provide for-
eign 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 be-
tween 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.
(c) DESIGNATING AND ADDITIONAL SCHEDULES.—The Postal Service
may—
(1) designate any schedule of an air carrier filed under subsection
(b)(3) 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 trans-
portation of mail between those places.
(d) CHANGING SCHEDULES.—A schedule designated or required to be es-
tablished 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)(3) of this section. The Postal Service may disapprove a
proposed change in a schedule or amend or modify the schedule or proposed
change.
(e) ORDERS.—An order of the Postal Service under this section may be-
come effective only after 10 days after the order is issued. A person ad-
versely affected by the order may appeal the order to the Secretary before
498
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 Sec-
retary under this subpart.
§ 41903. Duty to provide certain transportation of mail
(a) AIR CARRIERS.—Subject to subsection (b) of this section, an air car-
rier authorized by its certificate to transport mail by aircraft in foreign air
transportation or 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 pre-
scribe the maximum mail load for a schedule or for an aircraft or type of
aircraft for the transportation of mail by aircraft in foreign air transpor-
tation or 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 transpor-
tation 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.
§ 41904. Noncitizens transporting mail to or in foreign coun-
tries
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 air-
craft to or in a foreign country, the Postal Service may make an arrange-
ment with the person, without advertising, to provide the transportation.
§ 41905. Regulating air carrier transportation of foreign
mail
An air carrier holding a certificate that authorizes foreign air transpor-
tation and transporting mail of a foreign country shall transport that mail
under the control of, and subject to regulation by, the United States Gov-
ernment.
499
§ 41906. 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 with-
out advertising to transport mail by aircraft to or from a locality affected
by the emergency when the available facilities of persons authorized to
transport mail to or from the locality are inadequate to meet the require-
ments 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 pro-
vided under a contract made under subsection (a) of this section is not air
transportation within the meaning of this part.
§ 41907. Prices for foreign transportation of mail
(a) LIMITATIONS.—When air transportation is provided between the Unit-
ed States and a foreign country both by aircraft owned or operated by an
air carrier holding a certificate under chapter 411 of this title and by air-
craft owned or operated by a foreign air carrier, the United States Postal
Service may not pay to or for the account of the foreign air carrier a price
for transporting mail by aircraft between the United States and the foreign
country that the Postal Service believes will result (over a reasonable period
determined by the Postal Service considering exchange fluctuations and
other factors) in the foreign air carrier receiving a price for transporting
the mail that is higher than the price—
(1) the government of a foreign country or foreign postal administra-
tion pays to air carriers for transporting mail of the foreign country
by aircraft between the foreign country and the United States; or
(2) determined by the Postal Service to be comparable to the price
the government of a foreign country or foreign postal administration
pays to air carriers for transporting mail of the foreign country by air-
craft between the foreign country and an intermediate country on the
route of the air carrier between the foreign country and the United
States.
(b) CHANGES.—The Secretary of Transportation shall act expeditiously
on proposed changes in prices for transporting mail by aircraft in foreign
air transportation. When prescribing those prices, the Secretary shall con-
sider—
(1) the prices paid for transportation of mail under the Universal
Postal Union Convention as ratified by the United States Government;
(2) the price-making elements used by the Universal Postal Union
in prescribing its airmail prices; and
500
(3) the competitive disadvantage to United States flag air carriers
resulting from foreign air carriers receiving Universal Postal Union
prices for transporting United States mail and national origin mail of
their own countries.
§ 41908. Prices for transporting mail of foreign countries
(a) PRICE DETERMINATIONS.—The United States Postal Service shall de-
termine the prices that an air carrier holding a certificate that authorizes
foreign air transportation must charge a government of a foreign country
or foreign postal administration for transporting mail of the foreign country.
The Postal Service shall put those prices into effect under the postal con-
vention regulating postal relations between the United States and the for-
eign country or as provided under this section.
(b) CHANGES.—The Postal Service may authorize an air carrier holding
a certificate that authorizes foreign air transportation, under limitations the
Postal Service prescribes, to change the prices the carrier charges a govern-
ment of a foreign country or foreign postal administration for transporting
mail of the foreign country in the foreign country or between the foreign
country and another foreign country.
(c) COLLECTING COMPENSATION.—(1) When an air carrier holding a cer-
tificate that authorizes foreign air transportation transports mail of a for-
eign country—
(A) under an arrangement with a government of a foreign country
or foreign postal administration made or approved under this section,
the carrier must collect its compensation for the transportation from
the foreign country under the arrangement; and
(B) without having an arrangement with a government of a foreign
country or foreign postal administration consistent with this section,
the compensation collected by the United States Government for the
transportation shall be for the account of the air carrier.
(2) An air carrier holding a certificate that authorizes foreign air trans-
portation is not entitled to receive compensation from both a government
of a foreign country or foreign postal administration and the United States
Government for transporting the same mail of the foreign country.
§ 41909. Duty to oppose unreasonable prices under the Uni-
versal 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 trans-
porting 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.
501
§ 41910. Weighing mail
The United States Postal Service may weigh mail transported by aircraft
and make statistical and administrative computations necessary in the inter-
est of mail service. When the Secretary of Transportation decides that addi-
tional 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.
§ 41911. Evidence of providing mail service
When and in the form required by the United States Postal Service, an
air carrier transporting or handling—
(1) United States mail shall submit evidence, signed by an author-
ized official, that the transportation or handling has been provided; and
(2) mail of a foreign country shall submit evidence, signed by an au-
thorized official, of the amount of mail transported or handled and the
compensation payable and received for that transportation or handling.
§ 41912. 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 trans-
portation of mail by aircraft; or
(2) impair the authority of the United States Postal Service to make
such an arrangement.
CHAPTER 421—LABOR-MANAGEMENT PROVISIONS
SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM
Sec.
42101.
Definitions.
42102.
Payments to eligible protected employees.
42103.
Duty to hire protected employees.
42104.
Congressional review of regulations.
42105.
Airline Employees Protective Account.
42106.
Ending effective date.
SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF
AIR CARRIERS
42111.
Mutual aid agreements.
42112.
Labor requirements of air carriers.
SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM
§ 42101. Definitions
(a) GENERAL.—In this subchapter—
(1) ‘‘eligible protected employee’’ means a protected employee who is
deprived of employment, or who is adversely affected related to com-
pensation, because of a qualifying dislocation.
(2) ‘‘major contraction’’ means a reduction (except as provided in
subsection (b) of this section) of at least 7.5 percent in the number
of full-time employees of an air carrier within a 12-month period, ex-
502
cept for employees deprived of employment because of a strike or whose
employment is ended for cause.
(3) ‘‘protected employee’’ means an individual who on October 24,
1978, had been employed for at least 4 years by an air carrier that
held a certificate under section 401 of the Federal Aviation Act of
1958, but does not include a director or officer of a corporation.
(4) ‘‘qualifying dislocation’’ means a bankruptcy or major contrac-
tion of an air carrier holding a certificate under section 41102 of this
title when the Secretary of Transportation finds the bankruptcy or con-
traction occurred after December 31, 1978, and before January 1,
1989, the major cause of which was the change in regulatory structure
provided by the Airline Deregulation Act of 1978.
(b) MAJOR CONTRACTION.—The Secretary may find a reduction of less
than 7.5 percent of the number of full-time employees is part of a major
contraction if the Secretary decides another reduction is likely to occur with-
in the 12-month period in which the first reduction occurs that, when in-
cluded with the first reduction, will result in a total reduction of more than
7.5 percent.
§ 42102. Payments to eligible protected employees
(a) AUTHORITY TO PAY AND APPLICATIONS FOR PAYMENTS.—Subject to
amounts provided in an appropriation law, the Secretary of Labor shall
make monthly assistance payments, moving expense payments, and reim-
bursement payments as provided under this section to an eligible protected
employee whose employment is not ended for cause. The employee must
apply to receive the payments and cooperate with the Secretary in finding
other employment.
(b) NUMBER AND AMOUNT OF PAYMENTS.—(1) Subject to amounts pro-
vided in an appropriation law, an eligible protected employee shall receive
72 monthly assistance payments. However, an eligible protected employee
deprived of employment may not receive a payment after obtaining other
employment. For each class or craft of protected employees, the Secretary
of Labor, after consulting with the Secretary of Transportation, shall pre-
scribe by regulation guidelines for computing the amount of each monthly
assistance payment to be made to a member of the class or craft and what
percentage of salary that payment represents.
(2) The amount of a monthly payment payable under paragraph (1) of
this subsection to an eligible protected employee shall be reduced—
(A) by unemployment compensation the employee receives; or
(B) if the employee does not accept reasonably comparable employ-
ment, to an amount the employee would be entitled to receive if the
employee had accepted the employment.
503
(3) If accepting comparable employment to avoid a reduction in the
monthly assistance payment under paragraph (2) of this subsection would
force an eligible protected employee to relocate, the employee may decide not
to relocate. Instead of the payments provided under this section, the em-
ployee may receive the lesser of 3 payments or the maximum number of
payments that remain to be paid under paragraph (1) of this subsection.
(c) MOVING EXPENSES AND REIMBURSEMENTS.—(1) Subject to amounts
provided in an appropriation law, an eligible protected employee who relo-
cates shall receive—
(A) reasonable moving expense payments to move the employee and
the employee’s immediate family; and
(B) reimbursement payments for a loss incurred in selling the em-
ployee’s principal place of residence for less than fair market value or
in cancelling a lease on, or contract to buy, the residence.
(2) The Secretary of Labor shall decide on the amount of the moving ex-
penses and the fair market value of the residence.
§ 42103. Duty to hire protected employees
(a) REHIRING PROTECTED EMPLOYEES.—A protected employee of an air
carrier regulated by the Secretary of Transportation who was furloughed or
whose employment was ended by the carrier (except for cause) before Octo-
ber 23, 1988, is entitled to be the first employed in the occupational spe-
cialty of the employee, regardless of the employee’s age, by any other air
carrier holding a certificate under section 41102 of this title before October
24, 1978. However, the air carrier may recall its furloughed employees be-
fore hiring a protected employee of another air carrier regulated by the Sec-
retary who was furloughed or whose employment was ended by the other
carrier (except for cause) before October 23, 1988. An employee hired by
an air carrier under this section retains seniority and recall rights with the
air carrier that furloughed or ended the employment of the employee.
(b) DUTIES OF SECRETARY OF LABOR.—The Secretary of Labor—
(1) shall establish and publish periodically a list of jobs available
with an air carrier holding a certificate under section 41102 of this
title that includes necessary information and detail;
(2) shall assist eligible protected employees to find other employ-
ment;
(3) shall encourage negotiations between air carriers and representa-
tives of employees on rehiring practices and seniority; and
(4) may require an air carrier to file with the Secretary information
necessary to carry out this section.
504
§ 42104. Congressional review of regulations
(a) DEFINITION.—In this section, ‘‘legislative day’’ means a calendar day
on which both Houses of Congress are in session.
(b) SUBMISSION TO CONGRESS.—The Secretary of Labor may not pre-
scribe a regulation under this subchapter until 30 legislative days after the
regulation is submitted to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Public Works and Transpor-
tation of the House of Representatives.
(c) EFFECTIVENESS
OF REGULATIONS.—A proposed regulation under
this subchapter shall be submitted to Congress and becomes effective only
if, during the period of 60 legislative days after the regulation is submitted
to Congress, either House does not pass a resolution disapproving the regu-
lation. However, if Congress adopts a resolution approving the regulation
during the 60-day period, the regulation is effective on that date.
§ 42105. Airline Employees Protective Account
The Department of Labor has an Airline Employees Protective Account
consisting of amounts appropriated to it. An amount necessary to carry out
this subchapter, including administrative expenses, may be appropriated to
the Account annually.
§ 42106. Ending effective date
This subchapter is not effective after the last day the Secretary of Labor
must make a payment under this subchapter.
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 depre-
ciation 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 submit-
ted to binding arbitration under the Railway Labor Act (45 U.S.C. 151
et seq.).
505
§ 42112. Labor requirements of air carriers
(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 em-
ployee 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 pro-
viding 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
(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.
SUBPART III—SAFETY
CHAPTER 441—REGISTRATION AND RECORDATION OF
AIRCRAFT
Sec.
44101.
Operation of aircraft.
44102.
Registration requirements.
44103.
Registration of aircraft.
44104.
Registration of aircraft components and dealers’ certificates of registration.
44105.
Suspension and revocation of aircraft certificates.
44106.
Revocation of aircraft certificates for controlled substance violations.
44107.
Recordation of conveyances, leases, and security instruments.
44108.
Validity of conveyances, leases, and security instruments.
44109.
Reporting transfer of ownership.
44110.
Information about aircraft ownership and rights.
506
44111.
Modifications in registration and recordation system for aircraft not providing air
transportation.
44112.
Limitation of liability.
§ 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.
§ 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’’.
§ 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.
507
(2) The Administrator may prescribe the extent to which an aircraft
owned by the holder of a dealer’s certificate of registration issued under sec-
tion 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 revoca-
tion, 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 require-
ments 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 re-
view.
(c) CERTIFICATES AS EVIDENCE.—A certificate of registration issued
under this section is—
(1) conclusive evidence of the nationality of an aircraft for inter-
national 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 air-
craft 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.
§ 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
508
(2) in the public interest for issuing, suspending, and revoking a
dealer’s certificate of registration under this chapter and for its use by
a person manufacturing, distributing, or selling aircraft.
§ 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.
§ 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 Ad-
ministration 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 related to simple possession of a controlled substance);
and
(B) the owner of the aircraft permitted the use of the aircraft know-
ing 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 per-
mitted 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 major-
ity of the individuals who control the owner of the aircraft or who are in-
volved 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.
509
(d) APPEALS.—(1) A person whose certificate is revoked by the Adminis-
trator under subsection (b) of this section may appeal the revocation order
to the National Transportation Safety Board. The Board shall affirm or re-
verse the order after providing notice and a hearing on the record. In con-
ducting 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 sec-
tion on the basis of an activity described in subsection (b)(1)(A) of this sec-
tion if the holder of the certificate is acquitted of all charges related to a
controlled substance in an indictment or information arising from the activ-
ity.
(2) If the Administrator has revoked a certificate of registration of a per-
son 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. Recordation of conveyances, leases, and security in-
struments
(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 750
rated takeoff horsepower or its equivalent;
510
(B) a specifically identified aircraft propeller capable of absorb-
ing at least 750 rated takeoff shaft horsepower;
(C) an aircraft engine, propeller, or appliance maintained for in-
stallation 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 clause (1) or (2) of
this subsection.
(b) GENERAL DESCRIPTION REQUIRED.—A lease or instrument recorded
under subsection (a)(2)(C) or (D) of this section only has to describe gen-
erally 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 sub-
section (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—
(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 Ad-
ministrator, 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 in-
strument.
§ 44108. Validity of conveyances, leases, and security instru-
ments
(a) VALIDITY BEFORE FILING.—Until a conveyance, lease, or instrument
executed for security 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
511
(3) a person having actual notice of the conveyance, lease, or instru-
ment.
(b) PERIOD OF VALIDITY.—When a conveyance, lease, or instrument is
recorded under section 44107 of this title, the conveyance, lease, or instru-
ment is valid from the date of filing against all persons, without other rec-
ordation, 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 re-
corded 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 in-
strument 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 posses-
sion 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 in-
strument 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).
(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.
§ 44109. Reporting transfer of ownership
(a) FILING NOTICES.—A person having an ownership interest in an air-
craft 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, condi-
tional 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.
512
§ 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 sec-
tion 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.
§ 44111. Modifications in registration and recordation sys-
tem for aircraft not providing air transportation
(a) APPLICATION.—This section applies only to aircraft not used to pro-
vide 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 effec-
tive in serving the needs of—
(1) buyers and sellers of aircraft;
(2) officials responsible for enforcing laws related to the regulation
of controlled substances (as defined in section 102 of the Comprehen-
sive 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 reg-
istering 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 facili-
tate unlawful activities.
513
(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 registra-
tion markings assigned to aircraft.
(G) the use of false registration markings on aircraft.
(H) the illegal use of ‘‘reserved’’ registration markings on air-
craft.
(I) the large number of aircraft classified as being in ‘‘self-re-
ported 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 Ad-
ministration 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 air-
craft provide with the application the individual’s driver’s license num-
ber; and
(B) each person (not an individual) listed in an application for reg-
istration of an aircraft provide with the application the person’s tax-
payer identifying number.
§ 44112. Limitation of liability
(a) DEFINITIONS.—In this section—
(1) ‘‘lessor’’ means a person leasing for at least 30 days a civil air-
craft, aircraft engine, or propeller.
(2) ‘‘owner’’ means a person that owns a civil aircraft, aircraft en-
gine, 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 cor-
porate mortgage, or similar instrument.
514
(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.
CHAPTER 443—INSURANCE
Sec.
44301.
Definitions.
44302.
General authority.
44303.
Coverage.
44304.
Reinsurance.
44305.
Insuring United States Government property.
44306.
Premiums and limitations on coverage and claims.
44307.
Revolving fund.
44308.
Administrative.
44309.
Civil actions.
44310.
Ending effective date.
§ 44301. Definitions
In this chapter—
(1) ‘‘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 posses-
sion of the United States, or a political subdivision of the
State, territory, or possession.
(2) ‘‘insurance carrier’’ means a person authorized to do aviation in-
surance business in a State, including a mutual or stock insurance
company and a reciprocal insurance association.
§ 44302. General authority
(a) INSURANCE AND REINSURANCE.—(1) Subject to subsection (b) 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 air-
craft—
(A) in foreign air commerce; or
(B) between at least 2 places, all of which are outside the United
States.
(2) An aircraft may be insured or reinsured for not more than its reason-
able value as determined by the Secretary. Insurance or reinsurance may
be provided only when the Secretary decides that the insurance cannot be
obtained on reasonable terms from an insurance carrier.
515
(b) PRESIDENTIAL APPROVAL.—The Secretary may provide insurance or
reinsurance under subsection (a) of this section only with the approval of
the President. The President may approve the insurance or reinsurance only
after deciding that the continued operation of the American aircraft or for-
eign-flag aircraft to be insured or reinsured is necessary to carry out the
foreign policy of the United States Government.
(c) CONSULTATION.—The President may require the Secretary to consult
with interested departments, agencies, and instrumentalities of the Govern-
ment before providing insurance or reinsurance under this chapter.
(d) ADDITIONAL INSURANCE.—With the approval of the Secretary, a per-
son having an insurable interest in an aircraft may insure with other under-
writers in an amount that is more than the amount insured with the Sec-
retary. However, the Secretary may not benefit from the additional insur-
ance. This subsection does not prevent the Secretary from making contracts
of coinsurance.
§ 44303. Coverage
The Secretary of Transportation may provide insurance and reinsurance
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 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 putting the risk of loss or obligation
to provide insurance against risk of loss on the citizen or resi-
dent; 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.
516
(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, customar-
ily covered by insurance, of an aircraft referred to in clause (1) of this
section or of the owner or operator of that aircraft.
§ 44304. Reinsurance
(a) GENERAL AUTHORITY.—To the extent the Secretary of Transpor-
tation 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 car-
rier any insurance or reinsurance provided by the Secretary under this
chapter.
(b) PREMIUM LEVELS.—The Secretary may provide reinsurance at pre-
miums 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 pro-
viding services and facilities that the Secretary considers good business
practice, except for payments by the carrier for the stimulation or solicita-
tion of insurance business.
§ 44305. Insuring United States Government property
(a) GENERAL.—With the approval of the President, a department, agen-
cy, 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 1 and 2 of the Gov-
ernment Losses in Shipment Act (40 U.S.C. 721, 722); and
(2) insurance for risks arising from providing goods or services di-
rectly related to and necessary for operating an aircraft covered by in-
surance obtained under clause (1) of this subsection if the aircraft is
operated—
(A) in carrying out a contract of the department, agency, or in-
strumentality; 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.
517
(b) PREMIUM WAIVERS AND INDEMNIFICATION.—With the approval re-
quired 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 des-
ignated 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 may make indemnity agreements with the Secretary of Transportation
under this section.
§ 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) TIME LIMITS.—The Secretary of Transportation may provide insur-
ance and reinsurance under this chapter for a period of not more than 60
days. The period may be extended for additional periods of not more than
60 days each only if the President decides, before each additional period,
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.
(c) 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.
A claim under the policy may not be paid for more than that stated amount.
§ 44307. Revolving fund
(a) EXISTENCE, DISBURSEMENTS, APPROPRIATIONS, AND DEPOSITS.—
(1) There is a revolving fund in the Treasury. The Secretary of the Treas-
ury 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 revolv-
ing fund in interest-bearing securities of the United States Government.
The interest on, and the proceeds from the sale or redemption of, the securi-
ties 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 sol-
vency of the fund shall be deposited at least annually in the Treasury as
miscellaneous receipts.
518
(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 appro-
priated 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 ad-
vance the percentage applied.
§ 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 Sec-
retary may issue insurance policies to carry out this chapter. The Secretary
may prescribe the forms, amounts insured under the policies, and premiums
charged. 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; and
(B) 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.
(2) The Secretary may pay reasonable compensation to an underwriting
agent for servicing insurance the agent writes for the Secretary. Compensa-
tion 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 consider-
ation 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 corpora-
tions under chapter 91 of title 31.
519
(e) ACCOUNTS.—The Secretary shall maintain a set of accounts. The
Comptroller General shall audit those accounts 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.
§ 44309. Civil actions
(a) DISPUTED LOSSES.—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.
(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 dis-
trict for the District of Columbia or in the judicial district in which the At-
torney 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 ac-
tion 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 dif-
ferent agreement with the claimant when there is good cause for an agree-
ment.
(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.
520
(2) The district court may order a party not residing or found in the judi-
cial 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 Gov-
ernment from further liability to the parties to the action and to all other
persons served by publication under paragraph (2) of 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 September 30,
1997.
CHAPTER 445—FACILITIES, PERSONNEL, AND
RESEARCH
Sec.
44501.
Plans and policy.
44502.
General facilities and personnel authority.
44503.
Reducing nonessential expenditures.
44504.
Improved aircraft, aircraft engines, propellers, and appliances.
44505.
Systems, procedures, facilities, and devices.
44506.
Air traffic controllers.
44507.
Civil aeromedical research.
44508.
Research advisory committee.
44509.
Demonstration projects.
44510.
Airway science curriculum grants.
44511.
Aviation research grants.
44512.
Catastrophic failure prevention research grants.
44513.
Regional centers of air transportation excellence.
44514.
Flight service stations.
44515.
Advanced training facilities for maintenance technicians for air carrier aircraft.
§ 44501. Plans and policy
(a) LONG RANGE PLANS AND POLICY REQUIREMENTS.—The Adminis-
trator 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 Administration 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 con-
siders necessary for a system of airways, air traffic services, and navi-
gation aids that will—
521
(A) meet the forecasted needs of civil aeronautics;
(B) meet the requirements that the Secretary of Defense estab-
lishes 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, Space, and Technology of the House of Representatives. The
plan shall be submitted not later than the date of submission of the Presi-
dent’s budget to Congress.
(2)(A) The plan shall describe, for a 15-year period, the research, engi-
neering, 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 cover all research conducted under sections 40119,
44504, 44505, 44507, 44511–44513, and 44912 of this title and shall iden-
522
tify complementary and coordinated research efforts that the Administrator
of the National Aeronautics and Space Administration conducts with
amounts specifically appropriated to the Administration. For projects for
which the Administrator of the Federal Aviation Administration anticipates
requesting an appropriation, the plan shall include—
(i) for the first 2 years of the plan, detailed annual estimates of the
schedule, cost, and work-force levels for each research project, including
a description of the scope and content of each major contract, grant,
or interagency agreement;
(ii) for the 3d, 4th, and 5th years of the plan, estimates of the total
cost of each major project and any additional major research projects
that may be required to meet long-term objectives and that may have
significant impact on future appropriations requirements;
(iii) for the 6th and subsequent years of the plan, the long-term ob-
jectives the Administrator of the Federal Aviation Administration con-
siders necessary to ensure that aviation safety will be given the highest
priority; and
(iv) details of a program to disseminate to the private sector the re-
sults of aviation research conducted by the Administrator of the Fed-
eral Aviation Administration, including any new technologies developed.
(3) Subject to section 40119(b) of this title and regulations prescribed
under section 40119(b), the Administrator of the Federal Aviation Adminis-
tration shall submit to the committees named in paragraph (1) of this sub-
section an annual report on the accomplishments of the research completed
during the prior fiscal year. 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.
§ 44502. General facilities and personnel authority
(a) GENERAL AUTHORITY.—(1) The Administrator of the Federal Avia-
tion Administration may—
(A) acquire, establish, improve, operate, and maintain air navigation
facilities; and
(B) provide facilities and personnel to regulate and protect air traf-
fic.
(2) The cost of site preparation work associated with acquiring, establish-
ing, or improving an air navigation facility under paragraph (1)(A) of this
subsection shall be charged to amounts available for that purpose appro-
priated under section 48101(a) of this title. The Secretary of Transpor-
tation 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
523
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 depart-
ment, agency, or instrumentality.
(b) CERTIFICATION OF NECESSITY.—Except for Government money ex-
pended under this part or for a military purpose, 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 Admin-
istration 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, constructed, oper-
ated, repaired, altered, or maintained by or for the person.
(c) ENSURING CONFORMITY WITH PLANS AND POLICIES.—(1) To ensure
that 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 Ad-
ministration 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 Fed-
eral Aviation Administration is given reasonable prior notice so that the Ad-
ministrator may provide advice on the effects of the establishment, construc-
tion, or alteration on the use of airspace by aircraft.
(d) PUBLIC USE AND EMERGENCY ASSISTANCE.—(1) The head of a de-
partment, 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 instru-
mentality prescribes, for public use of the facility.
(2) The head of a department, agency, or instrumentality of the Govern-
ment having jurisdiction over an airport or emergency landing field owned
524
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 depart-
ment, agency, or instrumentality. An amount that the head decides is equal
to the cost of the assistance provided and the fuel, oil, equipment, and sup-
plies sold shall be credited to the appropriation from which the cost was
paid. The balance shall be credited to miscellaneous receipts.
(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.
(f) 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
program, 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 Admin-
istrator.
§ 44503. Reducing nonessential expenditures
The Secretary of Transportation shall attempt to reduce the capital, oper-
ating, maintenance, and administrative costs of the national airport and air-
way 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.
§ 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 devel-
opmental work and service testing to improve aircraft, aircraft engines, pro-
pellers, and appliances.
(b) RESEARCH.—The Administrator shall conduct or supervise research—
525
(1) to develop technologies and analyze information to predict the ef-
fects of aircraft design, maintenance, testing, wear, and fatigue on the
life of aircraft and air safety;
(2) to develop methods of analyzing and improving aircraft mainte-
nance technology and practices, including nondestructive evaluation of
aircraft structures;
(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, proc-
esses, 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 SPECIAL ADVANTAGES.—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.
§ 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 sub-
section 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 Adminis-
526
trator shall be given technical information related to each research and de-
velopment project of the armed forces that potentially applies to, or poten-
tially 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 per-
formance;
(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 A SAFE AND EFFI-
CIENT 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 pi-
lots and mechanics; and
(6) other aviation issues related to developing and maintaining a safe
and efficient air transportation system.
§ 44506. Air traffic controllers
(a) RESEARCH ON EFFECT OF AUTOMATION ON PERFORMANCE.—To de-
velop 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
527
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 control-
ler training through the application of advanced training techniques, in-
cluding 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 appro-
priate testing methods for identifying individuals with those attributes
and aptitudes;
(4) innovative methods for training potential air traffic controllers to
enhance the benefits of automation and maximize the effectiveness of
the air traffic control system; and
(5) new technologies and procedures for exploiting automated com-
munication systems, including Mode S Transponders, to improve infor-
mation transfers between air traffic controllers and aircraft pilots.
(b) RESEARCH ON HUMAN FACTOR ASPECTS OF AUTOMATION.—The Ad-
ministrators of the Federal Aviation Administration and National Aero-
nautics 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 control-
lers;
(2) information management techniques for advanced air traffic con-
trol display systems; and
(3) air traffic controller workload and performance measures, includ-
ing the development of predictive models.
(c) COLLEGIATE TRAINING INITIATIVE.—(1) The Administrator of the
Federal Aviation Administration may maintain the Collegiate Training Ini-
tiative program by making new agreements and continuing existing agree-
ments with institutions of higher education (as defined by the Adminis-
trator) under which the institutions prepare students for the position of air
traffic controller with the Department of Transportation (as defined in sec-
tion 2109 of title 5). The Administrator may establish standards for the
entry of institutions into the program and for their continued participation.
528
(2)(A) The Administrator of the Federal Aviation Administration may ap-
point 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 ap-
pointments 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 Ad-
ministration shall submit annually to the Committee on Public Works and
Transportation of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report containing—
(1) the staffing standards used to determine the number of air traf-
fic 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 em-
ployed to operate the system to meet the standards; and
(3) a detailed plan for employing the controllers, including projected
budget requests.
§ 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 certifi-
cation;
(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 equip-
ment design;
(F) human factors of flight crews, air traffic controllers, me-
chanics, inspectors, airway facility technicians, and other individ-
529
uals involved in operating and maintaining aircraft and air traffic
control equipment; and
(G) agency work force optimization, including training, equip-
ment design, reduction of errors, and identification of candidate
tasks for automation;
(2) make comments to the Administrator of the Federal Aviation Ad-
ministration on human factors aspects of proposed air safety regula-
tions;
(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 Administra-
tion and the National Aeronautics and Space Administration, other de-
partments, agencies, and instrumentalities of the United States Gov-
ernment, industry, and governments of foreign countries; and
(5) provide medical consultation services to the Administrator about
medical certification of airmen.
§ 44508. Research advisory committee
(a) ESTABLISHMENT AND DUTIES.—(1) There is a research advisory
committee in the Federal Aviation Administration. The committee shall—
(A) provide advice and recommendations to the Administrator of the
Federal Aviation Administration about needs, objectives, plans, ap-
proaches, content, and accomplishments of the aviation research pro-
gram 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; and
(C) review the operations of the regional centers of air transpor-
tation excellence established under section 44513 of this title.
(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 edu-
cation, 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 de-
530
partments, 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 Admin-
istrator 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 commit-
tee does not apply to amounts made available to carry out this section.
§ 44509. Demonstration projects
The Secretary of Transportation may carry out under this chapter dem-
onstration projects that the Secretary considers necessary for research and
development activities under this chapter.
§ 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 Gov-
ernment’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.
§ 44511. Aviation research grants
(a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation
Administration may make grants to institutions of higher education and
531
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 re-
search 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 Adminis-
trator shall establish a solicitation, review, and evaluation process that en-
sures—
(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 consider-
ation under this section.
(d) RECORDS.—Each person receiving a grant under this section shall
maintain records that the Administrator requires as being necessary to fa-
cilitate 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, Space, and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and Transportation
of the Senate on carrying out this section.
§ 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 tech-
nologies and methods to assess the risk of, and prevent, defects, fail-
ures, and malfunctions of products, parts, processes, and articles man-
ufactured for use in aircraft, aircraft engines, propellers, and appli-
ances 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 pro-
posals having adequate merit and relevancy to the research described in sub-
section (a) of this section.
§ 44513. Regional centers of air transportation excellence
(a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation
Administration may make grants to institutions of higher education to es-
532
tablish and operate regional centers of air transportation excellence. The lo-
cations shall be distributed in a geographically fair way.
(b) RESPONSIBILITIES.—(1) The responsibilities of each center estab-
lished 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 re-
search.
(2) In conducting research described in paragraph (1)(A) of this sub-
section, each center may make contracts with nonprofit research organiza-
tions and other appropriate persons.
(c) APPLICATIONS.—An institution of higher education interested in re-
ceiving a grant under this section may submit an application to the Admin-
istrator. 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 na-
tional and regional contributions to the solution of both long-range and
immediate air transportation problems.
(4) the extent to which the applicant has an established air transpor-
tation 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 sec-
tion in a fiscal year only if the recipient makes an agreement with the Ad-
ministrator that the Administrator requires to ensure that the recipient will
533
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 recipi-
ent occurring immediately before November 5, 1990.
(f) GOVERNMENT’S SHARE OF COSTS.—The United States Government’s
share of a grant under this section is 50 percent of the costs of establishing
and operating the center and related research activities that the grant recip-
ient carries out.
(g) ALLOCATING AMOUNTS.—The Administrator shall allocate amounts
made available to carry out this section in a geographically fair way.
§ 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 equip-
ment. 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 oper-
ation of, the station only as provided in paragraph (1) of this subsection.
(b) MANNED AUXILIARY STATIONS.—The Secretary and the Adminis-
trator 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 moderniza-
tion 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.
§ 44515. Advanced training facilities for maintenance tech-
nicians 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 sec-
tion to a vocational technical educational institution only if the institution
has a training curriculum that prepares aircraft maintenance technicians
534
who hold airframe and power plant certificates under subpart D of part 65
of title 14, Code of Federal Regulations, to maintain, without direct super-
vision, 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.
CHAPTER 447—SAFETY REGULATION
Sec.
44701.
General requirements.
44702.
Issuance of certificates.
44703.
Airman certificates.
44704.
Type certificates, production certificates, and airworthiness certificates.
44705.
Air carrier operating certificates.
44706.
Airport operating certificates.
44707.
Examining and rating air agencies.
44708.
Inspecting and rating air navigation facilities.
44709.
Amendments, modifications, suspensions, and revocations of certificates.
44710.
Revocations of airman certificates for controlled substance violations.
44711.
Prohibitions and exemption.
44712.
Emergency locator transmitters.
44713.
Inspection and maintenance.
44714.
Aviation fuel standards.
44715.
Controlling aircraft noise and sonic boom.
44716.
Collision avoidance systems.
44717.
Aging aircraft.
44718.
Structures interfering with air commerce.
44719.
Standards for navigational aids.
44720.
Meteorological services.
44721.
Aeronautical maps and charts.
44722.
Aircraft operations in winter conditions.
44723.
Annual report.
§ 44701. General requirements
(a) PROMOTING SAFETY.—The Administrator of the Federal Aviation Ad-
ministration shall promote safe flight of civil aircraft in air commerce by
prescribing—
(1) minimum standards required in the interest of safety for appli-
ances 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 en-
gines, 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 sup-
ply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel
and oil, including the reserve supply of fuel and oil carried in flight;
535
(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 com-
merce and national security.
(b) PRESCRIBING MINIMUM SAFETY STANDARDS.—The Administrator
may prescribe minimum 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 car-
rier aircraft designed for at least 31 passenger seats.
(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 Ad-
ministrator 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 section 44702–44716 of this title, the Adminis-
trator 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 com-
merce; and
(2) classify a regulation or standard appropriate to the differences
between air transportation and other air commerce.
(e) EXEMPTIONS.—The Administrator may grant an exemption from a
requirement of a regulation prescribed under subsection (a) or (b) of this
section or section 44702–44716 of this title if the Administrator finds the
exemption is in the public interest.
§ 44702. Issuance of certificates
(a) GENERAL AUTHORITY AND APPLICATIONS.—The Administrator of
the Federal Aviation Administration may issue airman certificates, type cer-
tificates, production certificates, airworthiness certificates, air carrier oper-
ating certificates, 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.
536
(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 com-
merce; and
(2) classify a certificate according to the differences between air
transportation and other air commerce.
(c) PRIOR CERTIFICATION.—The Administrator may authorize an air-
craft, aircraft engine, propeller, or appliance for which a certificate has been
issued authorizing the use of the aircraft, aircraft engine, propeller, or ap-
pliance 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 cer-
tificate 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 sub-
section 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 re-
consideration that the action is unreasonable or unwarranted, the Adminis-
trator shall change, modify, or reverse the action. If the Administrator de-
cides the action is warranted, the Administrator shall affirm the action.
§ 44703. Airman certificates
(a) GENERAL.—The Administrator of the Federal Aviation Administra-
tion shall issue an airman certificate to an individual when the Adminis-
trator 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;
537
(C) contain terms the Administrator decides are necessary to ensure
safety in air commerce, including terms on the duration of the certifi-
cate, 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) APPEALS.—(1) An individual whose application for the issuance or re-
newal of an airman certificate has been denied may appeal the denial to the
National Transportation Safety Board, except if the individual holds a cer-
tificate 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 conven-
ient 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 Avia-
tion 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.
(d) RESTRICTIONS AND PROHIBITIONS.—The Administrator of the Fed-
eral 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.
(e) 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 ex-
cept—
(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.
(f) 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 pilots and officials responsible for enforcing laws related to the
regulation of controlled substances (as defined in section 102 of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
538
802)). 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 sys-
tem:
(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.
(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 hold-
ers of those certificates.
(2) The Administrator of the Federal Aviation Administration shall pre-
scribe 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 air-
craft, and other interested persons.
§ 44704. Type certificates, production certificates, and air-
worthiness certificates
(a) TYPE CERTIFICATES.—(1) 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 con-
duct a hearing. The Administrator shall make, or require the applicant to
make, tests the Administrator considers necessary in the interest of safety.
(2) The Administrator 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
539
(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.
(b) PRODUCTION CERTIFICATES.—The Administrator shall issue a pro-
duction 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 cer-
tificate. On receiving an application, the Administrator shall inspect, and
may require testing of, a duplicate to ensure that it conforms to the require-
ments of the certificate. The Administrator may include in a production cer-
tificate terms required in the interest of safety.
(c) AIRWORTHINESS CERTIFICATES.—(1) The registered owner of an air-
craft 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 informa-
tion in the certificate. The certificate number or other individual designation
the Administrator requires shall be displayed on the aircraft. The Adminis-
trator may include in an airworthiness certificate terms required in the in-
terest of safety.
(2) A person applying for the issuance or renewal of an airworthiness cer-
tificate for an aircraft for which ownership has not been recorded under sec-
tion 44107 or 44110 of this title must submit with the application informa-
tion 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.
§ 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 car-
rier 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.
540
§ 44706. Airport operating certificates
(a) GENERAL.—The Administrator of the Federal Aviation Administra-
tion shall issue an airport operating certificate to a person desiring to oper-
ate an airport—
(1) that serves an air carrier operating aircraft designed for at least
31 passenger seats;
(2) that the Administrator requires to have a certificate; and
(3) 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.
(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 require-
ments are or would be unreasonably costly, burdensome, or impractical.
§ 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 air-
craft, 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.
541
§ 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 air-
craft on the suitability of the facility for that use.
§ 44709. Amendments, modifications, suspensions, and rev-
ocations 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, 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 con-
victed 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 AN-
SWER.—Before acting under subsection (b) of this section, the Adminis-
trator shall advise the holder of the certificate of the charges or other rea-
sons 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 Admin-
istrator under this section may appeal the order to the National Transpor-
tation 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 sec-
tion, 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 sec-
tion—
542
(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 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 inter-
pretation is arbitrary, capricious, or otherwise not according to law.
(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—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 transpor-
tation requires the order to be effective immediately—
(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.
(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.
§ 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 Admin-
istration shall issue an order revoking an airman certificate issued an indi-
vidual 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 sub-
stance (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—
543
(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 of-
fense.
(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 sub-
stance (except a law related to simple possession of a controlled sub-
stance), 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 ac-
tivity.
(3) The Administrator has no authority under paragraph (1) of this sub-
section 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.
(d) APPEALS.—(1) An individual whose certificate is revoked by the Ad-
ministrator 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 adopt-
ed 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 sub-
section, the order of the Administrator revoking the certificate is stayed.
However, if the Administrator advises the Board that safety in air transpor-
tation or air commerce requires the immediate effectiveness of the order—
(A) the order remains effective; and
544
(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 sec-
tion 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 certifi-
cate 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 sub-
section (b) of this section that an airman certificate of an individual be re-
voked 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 en-
forcement efforts.
§ 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 air-
craft, 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
545
(B) in violation of a term of the certificate or a regulation pre-
scribed or order issued under section 44701(a) or (b) or 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 air-
man to serve in the capacity for which the airman is employed;
(4) operate as an air carrier without an air carrier operating certifi-
cate or in violation of a term of the certificate;
(5) operate aircraft in air commerce in violation of a regulation pre-
scribed or certificate issued under section 44701(a) or (b) or 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 Inter-
national Navigational Rules Act of 1977 (33 U.S.C. 1602);
(7) violate a term of an air agency or production certificate or a reg-
ulation prescribed or order issued under section 44701(a) or (b) or
44702–44716 of this title related to the holder of the certificate;
(8) operate an airport without an airport operating certificate re-
quired 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 sub-
section (a) of this section. However, an exemption from observing air traffic
regulations may not be granted.
§ 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.—Subsection (a) of this section 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 with-
in a 50 mile radius of the airport from which the training operations
begin;
546
(4) aircraft when used in flight operations related to design and test-
ing, 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 Fed-
eral 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) REMOVAL.—The Administrator shall prescribe regulations specifying
the conditions under which an aircraft subject to subsection (a) of this sec-
tion may operate when its emergency locator transmitter has been removed
for inspection, repair, alteration, or replacement.
§ 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 Administra-
tion under this part. A person operating, inspecting, repairing, or maintain-
ing 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 de-
signed 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 appli-
ances 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, AND APPLIANCES.—
When an inspector decides that an aircraft, aircraft engine, propeller, or ap-
pliance 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 Fed-
eral Aviation Administration. For 5 days after the carrier is notified, the
aircraft, engine, propeller, or appliance may not be used in air transpor-
tation or in a way that endangers air transportation unless the Adminis-
trator 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 process-
ing forms for major repairs or alterations to fuel tanks and fuel systems
547
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, in-
cluding 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 modifica-
tions 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.
(D) the lack of ready access by law enforcement officials to informa-
tion contained on the forms.
(2) The Administrator of the Federal Aviation Administration shall pre-
scribe 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 air-
craft, and other interested persons.
§ 44714. Aviation fuel standards
The Administrator of the Federal Aviation Administration shall pre-
scribe—
(1) standards for the composition or chemical or physical properties
of an aircraft fuel or fuel additive to control or eliminate aircraft emis-
sions the Administrator of the Environmental Protection Agency de-
cides under section 231 of the Clean Air Act (42 U.S.C. 7571) endan-
ger the public health or welfare; and
(2) regulations providing for carrying out and enforcing those stand-
ards.
§ 44715. Controlling aircraft noise and sonic boom
(a) STANDARDS AND REGULATIONS.—(1) To relieve and protect the pub-
lic 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.
548
(2) The Administrator of the Federal Aviation Administration may pre-
scribe standards and regulations under this subsection only after consulting
with the Administrator of the Environmental Protection Agency. The stand-
ards 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 Administra-
tion prescribes standards and regulations under this section that apply to
that aircraft.
(b) CONSIDERATIONS AND CONSULTATION.—When prescribing a stand-
ard or regulation under this section, the Administrator of the Federal Avia-
tion Administration shall—
(1) consider relevant information related to aircraft noise and sonic
boom;
(2) consult with appropriate departments, agencies, and instrumen-
talities of the United States Government and State and interstate au-
thorities;
(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 rea-
sonable, technologically practicable, and appropriate for the 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 OF ENVIRONMENTAL
PROTECTION AGENCY.—The Administrator of the Environmental Protection
Agency shall submit to the Administrator of the Federal Aviation Adminis-
tration 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 Admin-
istrator of the Environmental Protection Agency considers necessary to pro-
tect the public health and welfare. The Administrator of the Federal Avia-
tion Administration shall consider those proposed regulations and shall pub-
lish them in a notice of proposed regulations not later than 30 days after
they are received. Not later than 60 days after publication, the Adminis-
trator of the Federal Aviation Administration shall begin a hearing at which
interested persons are given an opportunity for oral and written presen-
tations. Not later than 90 days after the hearing is completed and after con-
549
sulting 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 submit-
ted by the Administrator of the Environmental Protection Agency;
or
(B) that amend the proposed regulations; or
(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 Environ-
mental 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 pre-
scribed.
(d) CONSULTATION AND REPORTS.—(1) If the Administrator of the Envi-
ronmental 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 re-
port to the Administrator of the Environmental Protection Agency within
the time, if any, specified in the request. 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 Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C));
(C) specify whether and where that statement is available for public
inspection; and
550
(D) be published in the Federal Register unless the request proposes
specific action by the Administrator of the Federal Aviation Adminis-
tration 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 environ-
mental effects, including those that cannot be avoided, of the action of the
Administrator of the Federal Aviation Administration and the proposed reg-
ulations of the Administrator of the Environmental Protection Agency.
(f) EXEMPTIONS.—An exemption from a standard or regulation pre-
scribed under this section may be granted only if, before granting the ex-
emption, 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 safe-
ty 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.
§ 44716. Collision avoidance systems
(a) DEVELOPMENT AND CERTIFICATION.—The Administrator of the Fed-
eral 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 in-
strument flight rules and can be upgraded to the performance stand-
ards 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 op-
551
erated on each civil aircraft that has a maximum passenger capacity of at
least 31 seats and is used to provide air transportation of passengers, in-
cluding intrastate air transportation of passengers. The Administrator may
extend the deadline in this subsection for not more than 2 years if the Ad-
ministrator 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 Adminis-
trator shall consider the feasibility and desirability of amending the schedule
for installing airborne low-altitude windshear equipment to make the sched-
ule compatible with the schedule for installing TCAS–II.
(e) DEADLINE FOR DEVELOPMENT AND CERTIFICATION.—(1) The Ad-
ministrator 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, op-
erating transponders with automatic altitude reporting capability be in-
stalled 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 air-
port radar service areas) by nonequipped aircraft if the Administrator finds
the access will not interfere with the normal traffic flow.
§ 44717. Aging aircraft
(a) INSPECTIONS
AND REVIEWS.—The Administrator of the Federal
Aviation Administration shall prescribe regulations that ensure the continu-
ing airworthiness of aging aircraft. The regulations prescribed under sub-
section (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 car-
rier uses to provide air transportation that the Administrator decides
may be necessary to enable the Administrator to decide whether the
552
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 Admin-
istrator, 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 Adminis-
trator the aircraft and any records about the aircraft that the Adminis-
trator requires to carry out a review; and
(4) shall establish procedures to be followed in carrying out an in-
spection.
(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 air-
craft according to maintenance programs approved by the Adminis-
trator;
(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
(3) a program to ensure that air carriers demonstrate to the Admin-
istrator their commitment and technical competence to ensure the air-
worthiness 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 in-
spections 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
553
(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.
§ 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, estab-
lishment, or expansion, of a structure or sanitary landfill when the notice
will promote—
(1) safety in air commerce; and
(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 con-
duct an aeronautical study to decide the extent of any adverse impact on
the safe and efficient use of the airspace, facilities, or equipment. In con-
ducting the study, the Secretary shall consider factors relevant to the effi-
cient 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 facili-
ties;
(D) the impact on planned public-use airports and aeronautical fa-
cilities; 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 construct-
ing 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
554
Administration and the Federal Communications Commission shall take ac-
tion necessary to coordinate efficiently—
(1) the receipt and consideration of, and action on, the application;
and
(2) the completion of any associated aeronautical study.
§ 44719. Standards for navigational aids
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), ter-
rain and other obstacles to navigation, weather characteristics, passengers
served, and potential aircraft operating efficiencies.
§ 44720. Meteorological services
(a) RECOMMENDATIONS.—The Administrator of the Federal Aviation Ad-
ministration shall make recommendations to the Secretary of Commerce on
providing meteorological services necessary for the safe and efficient move-
ment 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 effi-
ciency 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 per-
sons 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 meteorologi-
cal 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 meteorologi-
cal information required for the safety and efficiency of air navigation;
(5) in cooperation with other departments, agencies, and instrumen-
talities of the United States Government, meteorological services of for-
eign countries, and persons engaged in air commerce, participate in de-
veloping an international basic meteorological reporting network, in-
cluding the establishment, operation, and maintenance of reporting sta-
tions on the high seas, in polar regions, and in foreign countries;
555
(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 pro-
mote the safety and efficiency of air navigation; and
(7) promote and develop meteorological science and foster and sup-
port 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.
§ 44721. Aeronautical maps and charts
(a) PUBLICATION.—(1) The Administrator of the Federal Aviation Ad-
ministration may arrange for the publication of aeronautical maps and
charts necessary for the safe and efficient movement of aircraft in air navi-
gation, using the facilities and assistance of departments, agencies, and in-
strumentalities 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 in-
demnify 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.
§ 44722. Aircraft operations in winter conditions
The Administrator of the Federal Aviation Administration shall prescribe
regulations requiring 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 modi-
fications, 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.
§ 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
556
activities of the Federal Aviation Administration during the fiscal year end-
ing the prior September 30th. The report shall include—
(1) a comparison of end-of-year staffing levels by operations, mainte-
nance, and avionics inspector categories to staffing goals and a state-
ment on how staffing standards were applied to make allocations be-
tween 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 in-
spections, an explanation of why annual work program plans were not
met;
(6) a statement of the adequacy of Administration internal manage-
ment controls available to ensure that field managers comply with Ad-
ministration policies and procedures, including those on inspector prior-
ities, district office coordination, minimum inspection standards, and
inspection followup;
(7) the status of efforts made by the Administration to update in-
spector guidance documents and regulations to include technological,
management, and structural changes taking place in the aviation indus-
try, including a listing of the backlog of all proposed regulatory amend-
ments;
(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 dur-
ing the 2 prior fiscal years, including the total initial and final pen-
alties imposed, the total number of dollars collected, the range of dollar
557
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 car-
rier and general aviation compliance with aviation regulations.
CHAPTER 449—SECURITY
SUBCHAPTER I—REQUIREMENTS
Sec.
44901.
Screening passengers and property.
44902.
Refusal to transport passengers and property.
44903.
Air transportation security.
44904.
Domestic air transportation system security.
44905.
Information about threats to civil aviation.
44906.
Foreign air carrier security programs.
44907.
Security standards at foreign airports.
44908.
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.
SUBCHAPTER II—ADMINISTRATION AND PERSONNEL
44931.
Director of Intelligence and Security.
44932.
Assistant Administrator for Civil Aviation Security.
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.
SUBCHAPTER I—REQUIREMENTS
§ 44901. Screening passengers and property
(a) GENERAL REQUIREMENTS.—The Administrator of the Federal Avia-
tion 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
558
procedure used or operated by an employee or agent of an air carrier, intra-
state air carrier, or foreign air carrier.
(b) AMENDING REGULATIONS.—Notwithstanding subsection (a) of this
section, the Administrator may amend a regulation prescribed under sub-
section (a) to require screening only to ensure security against criminal vio-
lence and aircraft piracy in air transportation and intrastate air transpor-
tation.
(c) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.—The Ad-
ministrator—
(1) may exempt from this section air transportation operations, ex-
cept 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, un-
less the Administrator decides an emergency exists requiring the regu-
lation to become effective in fewer than 30 days and notifies Congress
of that decision.
§ 44902. Refusal to transport passengers and property
(a) MANDATORY REFUSAL.—The Administrator of the Federal Aviation
Administration shall prescribe regulations requiring an air carrier, intra-
state 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 sub-
stance; or
(2) property of a passenger who does not consent to a search of the
property establishing whether the property unlawfully contains a dan-
gerous weapon, explosive, or other destructive substance.
(b) PERMISSIVE REFUSAL.—Subject to regulations of the Administrator,
an air carrier, intrastate air carrier, or foreign air carrier may refuse to
transport a passenger or property the carrier decides is, or might be, inimi-
cal to safety.
(c) AGREEING TO CONSENT TO SEARCH.—An agreement to carry pas-
sengers or property in air transportation or intrastate air transportation by
an air carrier, intrastate air carrier, or foreign air carrier is deemed to in-
clude an agreement that the passenger or property will not be carried if con-
sent to search the passenger or property for a purpose referred to in this
section is not given.
559
§ 44903. Air transportation security
(a) DEFINITION.—In this section, ‘‘law enforcement personnel’’ means in-
dividuals—
(1) authorized to carry and use firearms;
(2) vested with the degree of the police power of arrest the Adminis-
trator of the Federal Aviation Administration considers necessary to
carry out this section; and
(3) identifiable by appropriate indicia of authority.
(b) PROTECTION AGAINST VIOLENCE AND PIRACY.—The Administrator
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 Administrator shall—
(1) consult with the Secretary of Transportation, the Attorney Gen-
eral, 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 Administrator shall prescribe regula-
tions 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 pro-
gram that provides a law enforcement presence and capability at each of
those airports that is adequate to ensure the safety of passengers. The regu-
lations shall authorize the operator to use the services of qualified State,
local, and private law enforcement personnel. When the Administrator de-
cides, after being notified by an operator in the form the Administrator pre-
scribes, that not enough qualified State, local, and private law enforcement
personnel are available to carry out subsection (b), the Administrator may
authorize the operator to use, on a reimbursable basis, personnel employed
by the Administrator, or by another department, agency, or instrumentality
560
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 Ad-
ministrator 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 avail-
ability of qualified State or local law enforcement personnel at the airport.
(2)(A) The Administrator may approve a security program of an airport
operator, or an amendment in an existing program, that incorporates a se-
curity program of an airport tenant (except an air carrier separately com-
plying 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 incor-
porates—
(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 im-
posed by the Administrator on the airport operator under the access
control system requirements of section 107.14 of title 14, Code of Fed-
eral 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 air-
port 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 Administrator 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.
(d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE AR-
RESTS.—With the approval of the Attorney General and the Secretary of
State, the Secretary of Transportation may authorize an individual who car-
ries out air transportation security duties—
(1) to carry firearms; and
(2) to make arrests without warrant for an offense against the Unit-
ed States committed in the presence of the individual or for a felony
under the laws of the United States, if the individual reasonably be-
561
lieves the individual to be arrested has committed or is committing a
felony.
(e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—The Ad-
ministrator 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
passengers to leave the aircraft. When requested by the Administrator,
other departments, agencies, and instrumentalities of the Government shall
provide assistance necessary to carry out this subsection.
§ 44904. Domestic air transportation system security
(a) ASSESSING THREATS.—The Administrator of the Federal Aviation
Administration and the Director of the Federal Bureau of Investigation
jointly shall assess current and potential threats to the domestic air trans-
portation 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 Administrator and the Di-
rector 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 Ad-
ministrator shall carry out periodic threat and vulnerability assessments on
security at each airport that is part of the domestic air transportation sys-
tem. 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 fa-
cilities; and
(5) coordination of the activities of security personnel of the Admin-
istration, the United States Customs Service, the Immigration and
Naturalization Service, and air carriers, and of other law enforcement
personnel.
(c) IMPROVING SECURITY.—The Administrator shall take necessary ac-
tions to improve domestic air transportation security by correcting any defi-
ciencies in that security discovered in the assessments, analyses, and mon-
itoring carried out under this section.
562
§ 44905. Information about threats to civil aviation
(a) PROVIDING INFORMATION.—Under guidelines the Secretary of Trans-
portation prescribes, an air carrier, airport operator, ticket agent, or indi-
vidual employed by an air carrier, airport operator, or ticket agent, receiving
information (except a communication directed by the United States Govern-
ment) 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 fea-
sible, the safety of passengers and crew of a particular flight or series of
flights, the Administrator of the Federal Aviation Administration shall can-
cel 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 respon-
sible 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 sub-
section (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 Administrator, 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 Administrator considers appropriate.
(d) GUIDELINES ON NOTICE TO CREWS.—The Administrator shall de-
velop 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 de-
partments, agencies, and instrumentalities of the Government that collect,
563
receive, and analyze intelligence information related to aviation security, the
Administrator shall develop procedures to minimize the number of individ-
uals 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 pow-
ers 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 Depart-
ment of Transportation, the Department of State, the Department of Jus-
tice, and air carriers.
§ 44906. Foreign air carrier security programs
The Administrator of the Federal Aviation Administration shall continue
in effect the requirement of section 129.25 of title 14, Code of Federal Reg-
ulations, 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 Adminis-
trator decides the security program provides passengers of the foreign air
carrier a level of protection similar to the level those passengers would re-
ceive 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.
§ 44907. Security standards at foreign airports
(a) ASSESSMENT.—(1) At intervals the Secretary of Transportation con-
siders 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 inter-
national 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
564
the foreign airport for which the Secretary is conducting the assess-
ment;
(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 appro-
priate 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 sub-
section.
(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
(2) to establish which foreign airports are not under the de facto
control of the government of the foreign country in which they are lo-
cated and pose a high risk of introducing danger to international air
travel.
(c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary of Trans-
portation, after conducting an assessment under subsection (a) of this sec-
tion, decides that an airport does not maintain and carry out effective secu-
rity 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 Transpor-
tation 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 promi-
nently 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;
565
(C) notwithstanding section 40105(b) of this title, the Secretary of
Transportation, after consulting with the appropriate aeronautic au-
thorities of the foreign country concerned and each air carrier serving
the airport and with the approval of the Secretary of State, may with-
hold, revoke, or prescribe conditions on the operating authority of an
air carrier or foreign air carrier that uses that airport to provide for-
eign 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 Secretary 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 Sec-
retary 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 ob-
tain 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 Sec-
retary 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,