H. R. 1758—352
(B) the commerce of the United States; and
(C) the national defense.
(2) encouraging and developing an integrated transpor-
tation system relying on competitive market forces to decide
the extent, variety, quality, and price of services provided.
(3) providing services without unreasonable discrimination,
unfair or deceptive practices, or predatory pricing.
(c) GENERAL SAFETY CONSIDERATIONS.—In carrying out subpart
III of this part and those provisions of subpart IV applicable in
carrying out subpart III, the Administrator of the Federal Aviation
Administration shall consider the following matters:
(1) the requirements of national defense and commercial
and general aviation.
(2) the public right of freedom of transit through the navi-
gable airspace.
(d) SAFETY CONSIDERATIONS IN PUBLIC INTEREST.—In carrying
out subpart III of this part and those provisions of subpart IV
applicable in carrying out subpart III, the Administrator shall con-
sider the following matters, among others, as being in the public
interest:
(1) regulating air commerce in a way that best promotes
its development and safety and fulfills national defense require-
ments.
(2) promoting, encouraging, and developing civil aero-
nautics.
(3) controlling the use of the navigable airspace and regu-
lating civil and military operations in that airspace in the
interest of the safety and efficiency of both of those operations.
(4) consolidating research and development for air naviga-
tion facilities and the installation and operation of those facili-
ties.
(5) developing and operating a common system of air traffic
control and navigation for military and civil aircraft.
(6) providing assistance to law enforcement agencies in
the enforcement of laws related to regulation of controlled
substances, to the extent consistent with aviation safety.
(e) INTERNATIONAL
AIR
TRANSPORTATION.—In formulating
United States international air transportation policy, the Secretar-
ies of State and Transportation shall develop a negotiating policy
emphasizing the greatest degree of competition compatible with
a well-functioning international air transportation system, including
the following:
(1) strengthening the competitive position of air carriers
to ensure at least equality with foreign air carriers, including
the attainment of the opportunity for air carriers to maintain
and increase their profitability in foreign air transportation.
(2) freedom of air carriers and foreign air carriers to offer
prices that correspond to consumer demand.
(3) the fewest possible restrictions on charter air transpor-
tation.
(4) the maximum degree of multiple and permissive inter-
national authority for air carriers so that they will be able
to respond quickly to a shift in market demand.
(5) eliminating operational and marketing restrictions to
the greatest extent possible.
(6) integrating domestic and international air transpor-
tation.
H. R. 1758—353
(7) increasing the number of nonstop United States gateway
cities.
(8) opportunities for carriers of foreign countries to increase
their access to places in the United States if exchanged for
benefits of similar magnitude for air carriers or the traveling
public with permanent linkage between rights granted and
rights given away.
(9) eliminating discrimination and unfair competitive prac-
tices faced by United States airlines in foreign air transpor-
tation, including—
(A) excessive landing and user fees;
(B) unreasonable ground handling requirements;
(C) unreasonable restrictions on operations;
(D) prohibitions against change of gauge; and
(E) similar restrictive practices.
(10) promoting, encouraging, and developing civil aero-
nautics and a viable, privately-owned United States air trans-
port industry.
(f) STRENGTHENING COMPETITION.—In selecting an air carrier
to provide foreign air transportation from among competing
applicants, the Secretary of Transportation shall consider, in addi-
tion to the matters specified in subsections (a) and (b) of this
section, the strengthening of competition among air carriers operat-
ing in the United States to prevent unreasonable concentration
in the air carrier industry.
§ 40102. Definitions
(a) GENERAL DEFINITIONS.—In this part—
(1) ‘‘aeronautics’’ means the science and art of flight.
(2) ‘‘air carrier’’ means a citizen of the United States under-
taking by any means, directly or indirectly, to provide air
transportation.
(3) ‘‘air commerce’’ means foreign air commerce, interstate
air commerce, the transportation of mail by aircraft, the oper-
ation of aircraft within the limits of a Federal airway, or
the operation of aircraft that directly affects, or may endanger
safety in, foreign or interstate air commerce.
(4) ‘‘air navigation facility’’ means a facility used, available
for use, or designed for use, in aid of air navigation, including—
(A) a landing area;
(B) a light;
(C) apparatus or equipment for distributing weather
information, signaling, radio-directional finding, or radio
or other electromagnetic communication; and
(D) another structure or mechanism for guiding or
controlling flight in the air or the landing and takeoff
of aircraft.
(5) ‘‘air transportation’’ means foreign air transportation,
interstate air transportation, or the transportation of mail by
aircraft.
(6) ‘‘aircraft’’ means any contrivance invented, used, or
designed to navigate, or fly in, the air.
(7) ‘‘aircraft engine’’ means an engine used, or intended
to be used, to propel an aircraft, including a part, appurtenance,
and accessory of the engine, except a propeller.
(8) ‘‘airman’’ means an individual—
H. R. 1758—354
(A) in command, or as pilot, mechanic, or member
of the crew, who navigates aircraft when under way;
(B) except to the extent the Administrator of the Fed-
eral Aviation Administration may provide otherwise for
individuals employed outside the United States, who is
directly in charge of inspecting, maintaining, overhauling,
or repairing aircraft, aircraft engines, propellers, or appli-
ances; or
(C) who serves as an aircraft dispatcher or air traffic
control-tower operator.
(9) ‘‘airport’’ means a landing area used regularly by air-
craft for receiving or discharging passengers or cargo.
(10) ‘‘all-cargo air transportation’’ means the transportation
by aircraft in interstate air transportation of only property
or only mail, or both.
(11) ‘‘appliance’’ means an instrument, equipment, appara-
tus, a part, an appurtenance, or an accessory used, capable
of being used, or intended to be used, in operating or controlling
aircraft in flight, including a parachute, communication equip-
ment, and another mechanism installed in or attached to air-
craft during flight, and not a part of an aircraft, aircraft engine,
or propeller.
(12) ‘‘cargo’’ means property, mail, or both.
(13) ‘‘charter air carrier’’ means an air carrier holding
a certificate of public convenience and necessity that authorizes
it to provide charter air transportation.
(14) ‘‘charter air transportation’’ means charter trips in
air transportation authorized under this part.
(15) ‘‘citizen of the United States’’ means—
(A) an individual who is a citizen of the United States;
(B) a partnership each of whose partners is an individ-
ual who is a citizen of the United States; or
(C) a corporation or association organized under the
laws of the United States or a State, the District of Colum-
bia, or a territory or possession of the United States, of
which the president and at least two-thirds of the board
of directors and other managing officers are citizens of
the United States, and in which at least 75 percent of
the voting interest is owned or controlled by persons that
are citizens of the United States.
(16) ‘‘civil aircraft’’ means an aircraft except a public air-
craft.
(17) ‘‘civil aircraft of the United States’’ means an aircraft
registered under chapter 441 of this title.
(18) ‘‘conditional sales contract’’ means a contract—
(A) for the sale of an aircraft, aircraft engine, propeller,
appliance, or spare part, under which the buyer takes
possession of the property but title to the property vests
in the buyer at a later time on—
(i) paying any part of the purchase price;
(ii) performing another condition; or
(iii) the happening of a contingency; or
(B) to bail or lease an aircraft, aircraft engine, propel-
ler, appliance, or spare part, under which the bailee or
lessee—
(i) agrees to pay an amount substantially equal
to the value of the property; and
H. R. 1758—355
(ii) is to become, or has the option of becoming,
the owner of the property on complying with the con-
tract.
(19) ‘‘conveyance’’ means an instrument, including a condi-
tional sales contract, affecting title to, or an interest in, prop-
erty.
(20) ‘‘Federal airway’’ means a part of the navigable air-
space that the Administrator designates as a Federal airway.
(21) ‘‘foreign air carrier’’ means a person, not a citizen
of the United States, undertaking by any means, directly or
indirectly, to provide foreign air transportation.
(22) ‘‘foreign air commerce’’ means the transportation of
passengers or property by aircraft for compensation, the
transportation of mail by aircraft, or the operation of aircraft
in furthering a business or vocation, between a place in the
United States and a place outside the United States when
any part of the transportation or operation is by aircraft.
(23) ‘‘foreign air transportation’’ means the transportation
of passengers or property by aircraft as a common carrier
for compensation, or the transportation of mail by aircraft,
between a place in the United States and a place outside
the United States when any part of the transportation is by
aircraft.
(24) ‘‘interstate air commerce’’ means the transportation
of passengers or property by aircraft for compensation, the
transportation of mail by aircraft, or the operation of aircraft
in furthering a business or vocation—
(A) between a place in—
(i) a State, territory, or possession of the United
States and a place in the District of Columbia or
another State, territory, or possession of the United
States;
(ii) a State and another place in the same State
through the airspace over a place outside the State;
(iii) the District of Columbia and another place
in the District of Columbia; or
(iv) a territory or possession of the United States
and another place in the same territory or possession;
and
(B) when any part of the transportation or operation
is by aircraft.
(25) ‘‘interstate air transportation’’ means the transpor-
tation of passengers or property by aircraft as a common carrier
for compensation, or the transportation of mail by aircraft—
(A) between a place in—
(i) a State, territory, or possession of the United
States and a place in the District of Columbia or
another State, territory, or possession of the United
States;
(ii) Hawaii and another place in Hawaii through
the airspace over a place outside Hawaii;
(iii) the District of Columbia and another place
in the District of Columbia; or
(iv) a territory or possession of the United States
and another place in the same territory or possession;
and
(B) when any part of the transportation is by aircraft.
H. R. 1758—356
(26) ‘‘intrastate air carrier’’ means a citizen of the United
States undertaking by any means to provide only intrastate
air transportation.
(27) ‘‘intrastate air transportation’’ means the transpor-
tation by a common carrier of passengers or property for com-
pensation, entirely in the same State, by turbojet-powered air-
craft capable of carrying at least 30 passengers.
(28) ‘‘landing area’’ means a place on land or water, includ-
ing an airport or intermediate landing field, used, or intended
to be used, for the takeoff and landing of aircraft, even when
facilities are not provided for sheltering, servicing, or repairing
aircraft, or for receiving or discharging passengers or cargo.
(29) ‘‘mail’’ means United States mail and foreign transit
mail.
(30) ‘‘navigable airspace’’ means airspace above the mini-
mum altitudes of flight prescribed by regulations under sub-
parts I and III of this part, including airspace needed to ensure
safety in the takeoff and landing of aircraft.
(31) ‘‘navigate aircraft’’ and ‘‘navigation of aircraft’’ include
piloting aircraft.
(32) ‘‘operate aircraft’’ and ‘‘operation of aircraft’’ mean
using aircraft for the purposes of air navigation, including—
(A) the navigation of aircraft; and
(B) causing or authorizing the operation of aircraft
with or without the right of legal control of the aircraft.
(33) ‘‘person’’, in addition to its meaning under section
1 of title 1, includes a governmental authority and a trustee,
receiver, assignee, and other similar representative.
(34) ‘‘predatory’’ means a practice that violates the antitrust
laws as defined in the first section of the Clayton Act (15
U.S.C. 12).
(35) ‘‘price’’ means a rate, fare, or charge for air transpor-
tation.
(36) ‘‘propeller’’ includes a part, appurtenance, and acces-
sory of a propeller.
(37) ‘‘public aircraft’’—
(A) means an aircraft—
(i) used only for the United States Government;
or
(ii) owned and operated (except for commercial
purposes), or exclusively leased for at least 90 continu-
ous days, by a government (except the United States
Government), including a State, the District of Colum-
bia, or a territory or possession of the United States,
or political subdivision of that government; but
(B) does not include a government-owned aircraft
transporting passengers or property for commercial pur-
poses.
(38) ‘‘spare part’’ means an accessory, appurtenance, or
part of an aircraft (except an aircraft engine or propeller),
aircraft engine (except a propeller), propeller, or appliance,
that is to be installed at a later time in an aircraft, aircraft
engine, propeller, or appliance.
(39) ‘‘State authority’’ means an authority of a State des-
ignated under State law—
(A) to receive notice required to be given a State
authority under subpart II of this part; or
H. R. 1758—357
(B) as the representative of the State before the Sec-
retary of Transportation in any matter about which the
Secretary is required to consult with or consider the views
of a State authority under subpart II of this part.
(40) ‘‘ticket agent’’ means a person (except an air carrier,
a foreign air carrier, or an employee of an air carrier or foreign
air carrier) that as a principal or agent sells, offers for sale,
negotiates for, or holds itself out as selling, providing, or arrang-
ing for, air transportation.
(41) ‘‘United States’’ means the States of the United States,
the District of Columbia, and the territories and possessions
of the United States, including the territorial sea and the
overlying airspace.
(b) LIMITED DEFINITION.—In subpart II of this part, ‘‘control’’
means control by any means.
§ 40103. Sovereignty and use of airspace
(a) SOVEREIGNTY
AND PUBLIC RIGHT
OF TRANSIT.—(1) The
United States Government has exclusive sovereignty of airspace
of the United States.
(2) A citizen of the United States has a public right of transit
through the navigable airspace. To further that right, the Secretary
of Transportation shall consult with the Architectural and Transpor-
tation Barriers Compliance Board established under section 502
of the Rehabilitation Act of 1973 (29 U.S.C. 792) before prescribing
a regulation or issuing an order or procedure that will have a
significant impact on the accessibility of commercial airports or
commercial air transportation for handicapped individuals.
(b) USE OF AIRSPACE.—(1) The Administrator of the Federal
Aviation Administration shall develop plans and policy for the use
of the navigable airspace and assign by regulation or order the
use of the airspace necessary to ensure the safety of aircraft and
the efficient use of airspace. The Administrator may modify or
revoke an assignment when required in the public interest.
(2) The Administrator shall prescribe air traffic regulations
on the flight of aircraft (including regulations on safe altitudes)
for—
(A) navigating, protecting, and identifying aircraft;
(B) protecting individuals and property on the ground;
(C) using the navigable airspace efficiently; and
(D) preventing collision between aircraft, between aircraft
and land or water vehicles, and between aircraft and airborne
objects.
(3) To establish security provisions that will encourage and
allow maximum use of the navigable airspace by civil aircraft
consistent with national security, the Administrator, in consultation
with the Secretary of Defense, shall—
(A) establish areas in the airspace the Administrator
decides are necessary in the interest of national defense; and
(B) by regulation or order, restrict or prohibit flight of
civil aircraft that the Administrator cannot identify, locate,
and control with available facilities in those areas.
(4) Notwithstanding the military exception in section 553(a)(1)
of title 5, subchapter II of chapter 5 of title 5 applies to a regulation
prescribed under this subsection.
H. R. 1758—358
(c) FOREIGN AIRCRAFT.—A foreign aircraft, not part of the
armed forces of a foreign country, may be navigated in the United
States as provided in section 41703 of this title.
(d) AIRCRAFT
OF ARMED FORCES
OF FOREIGN COUNTRIES.—
Aircraft of the armed forces of a foreign country may be navigated
in the United States only when authorized by the Secretary of
State.
(e) NO EXCLUSIVE RIGHTS AT CERTAIN FACILITIES.—A person
does not have an exclusive right to use an air navigation facility
on which Government money has been expended. However, provid-
ing services at an airport by only one fixed-based operator is not
an exclusive right if—
(1) it is unreasonably costly, burdensome, or impractical
for more than one fixed-based operator to provide the services;
and
(2) allowing more than one fixed-based operator to provide
the services requires a reduction in space leased under an
agreement existing on September 3, 1982, between the operator
and the airport.
§ 40104. Promotion of civil aeronautics and air commerce
The Administrator of the Federal Aviation Administration shall
encourage the development of civil aeronautics and air commerce
in and outside the United States. In carrying out this section,
the Administrator shall take action that the Administrator considers
necessary to establish, within available resources, a program to
distribute civil aviation information in each region served by the
Administration. The program shall provide, on request, informa-
tional material and expertise on civil aviation to State and local
school administrators, college and university officials, and officers
of other interested organizations.
§ 40105. International negotiations, agreements, and obliga-
tions
(a) ADVICE AND CONSULTATION.—The Secretary of State shall
advise the Administrator of the Federal Aviation Administration
and the Secretaries of Transportation and Commerce, and consult
with them as appropriate, about negotiations for an agreement
with a government of a foreign country to establish or develop
air navigation, including air routes and services. The Secretary
of Transportation shall consult with the Secretary of State in carry-
ing out this part to the extent this part is related to foreign
air transportation.
(b) ACTIONS OF SECRETARY AND ADMINISTRATOR.—(1) In carry-
ing out this part, the Secretary of Transportation and the Adminis-
trator—
(A) shall act consistently with obligations of the United
States Government under an international agreement;
(B) shall consider applicable laws and requirements of a
foreign country; and
(C) may not limit compliance by an air carrier with obliga-
tions or liabilities imposed by the government of a foreign
country when the Secretary takes any action related to a certifi-
cate of public convenience and necessity issued under chapter
411 of this title.
(2) This subsection does not apply to an agreement between
an air carrier or an officer or representative of an air carrier
H. R. 1758—359
and the government of a foreign country, if the Secretary of
Transportation disapproves the agreement because it is not in the
public interest. Section 40106(b)(2) of this title applies to this sub-
section.
(c) CONSULTATION
ON INTERNATIONAL AIR TRANSPORTATION
POLICY.—In carrying out section 40101(e) of this title, the Secretar-
ies of State and Transportation, to the maximum extent practicable,
shall consult on broad policy goals and individual negotiations
with—
(1) the Secretaries of Commerce and Defense;
(2) airport operators;
(3) scheduled air carriers;
(4) charter air carriers;
(5) airline labor;
(6) consumer interest groups;
(7) travel agents and tour organizers; and
(8) other groups, institutions, and governmental authorities
affected by international aviation policy.
(d) CONGRESSIONAL OBSERVERS
AT INTERNATIONAL AVIATION
NEGOTIATIONS.—The President shall grant to at least one represent-
ative of each House of Congress the privilege of attending inter-
national aviation negotiations as an observer if the privilege is
requested in advance in writing.
§ 40106. Emergency powers
(a) DEVIATIONS
FROM
REGULATIONS.—Appropriate military
authority may authorize aircraft of the armed forces of the United
States to deviate from air traffic regulations prescribed under sec-
tion 40103(b)(1) and (2) of this title when the authority decides
the deviation is essential to the national defense because of a
military emergency or urgent military necessity. The authority
shall—
(1) give the Administrator of the Federal Aviation Adminis-
tration prior notice of the deviation at the earliest practicable
time; and
(2) to the extent time and circumstances allow, make every
reasonable effort to consult with the Administrator and arrange
for the deviation in advance on a mutually agreeable basis.
(b) SUSPENSION OF AUTHORITY.—(1) When the President decides
that the government of a foreign country is acting inconsistently
with the Convention for the Suppression of Unlawful Seizure of
Aircraft or that the government of a foreign country allows territory
under its jurisdiction to be used as a base of operations or training
of, or as a sanctuary for, or arms, aids, or abets, a terrorist organiza-
tion that knowingly uses the unlawful seizure, or the threat of
an unlawful seizure, of an aircraft as an instrument of policy,
the President may suspend the authority of—
(A) an air carrier or foreign air carrier to provide foreign
air transportation to and from that foreign country;
(B) a person to operate aircraft in foreign air commerce
to and from that foreign country;
(C) a foreign air carrier to provide foreign air transportation
between the United States and another country that maintains
air service with the foreign country; and
(D) a foreign person to operate aircraft in foreign air com-
merce between the United States and another country that
maintains air service with the foreign country.
H. R. 1758—360
(2) The President may act under this subsection without notice
or a hearing. The suspension remains in effect for as long as
the President decides is necessary to ensure the security of aircraft
against unlawful seizure. Notwithstanding section 40105(b) of this
title, the authority of the President to suspend rights under this
subsection is a condition to a certificate of public convenience and
necessity, air carrier operating certificate, foreign air carrier or
foreign aircraft permit, or foreign air carrier operating specification
issued by the Secretary of Transportation under this part.
(3) An air carrier or foreign air carrier may not provide foreign
air transportation, and a person may not operate aircraft in foreign
air commerce, in violation of a suspension of authority under this
subsection.
§ 40107. Presidential transfers
(a) GENERAL AUTHORITY.—The President may transfer to the
Administrator of the Federal Aviation Administration a duty, power,
activity, or facility of a department, agency, or instrumentality
of the executive branch of the United States Government, or an
officer or unit of a department, agency, or instrumentality of the
executive branch, related primarily to selecting, developing, testing,
evaluating, establishing, operating, or maintaining a system, proce-
dure, facility, or device for safe and efficient air navigation and
air traffic control. In making a transfer, the President may transfer
records and property and make officers and employees from the
department, agency, instrumentality, or unit available to the
Administrator.
(b) DURING WAR.—If war occurs, the President by executive
order may transfer to the Secretary of Defense a duty, power,
activity, or facility of the Administrator. In making the transfer,
the President may transfer records, property, officers, and employ-
ees of the Administration to the Department of Defense.
§ 40108. Training schools
(a) AUTHORITY TO OPERATE.—The Administrator of the Federal
Aviation Administration may operate schools to train officers and
employees of the Administration to carry out duties, powers, and
activities of the Administrator.
(b) ATTENDANCE.—The Administrator may authorize officers
and employees of other departments, agencies, or instrumentalities
of the United States Government, officers and employees of govern-
ments of foreign countries, and individuals from the aeronautics
industry to attend those schools. However, if the attendance of
any of those officers, employees, or individuals increases the cost
of operating the schools, the Administrator may require the pay-
ment or transfer of amounts or other consideration to offset the
additional cost. The amount received may be credited to the appro-
priation current when the expenditures are or were paid, the appro-
priation current when the amount is received, or both.
§ 40109. Authority to exempt
(a) AIR CARRIERS AND FOREIGN AIR CARRIERS NOT ENGAGED
DIRECTLY IN OPERATING AIRCRAFT.—(1) The Secretary of Transpor-
tation may exempt from subpart II of this part—
(A) an air carrier not engaged directly in operating aircraft
in air transportation; or