478
(5) ‘‘small hub airport’’ means an airport that each year has at least
.05 percent, but less than .25 percent, of the total annual boardings in
the United States.
(b) LIMITATION ON AUTHORITY TO DECIDE A PLACE NOT AN ELIGIBLE
PLACE.—The Secretary of Transportation may not decide that a place de-
scribed in subsection (a)(1) of this section is not an eligible place on the basis
of a passenger subsidy at that place or on another basis that is not specifi-
cally stated in this subchapter.
§ 41732. Basic essential air service
(a) GENERAL.—Basic essential air service provided under section 41733 of
this title is scheduled air transportation of passengers and cargo—
(1) to a hub airport that has convenient connecting or single-plane air
service to a substantial number of destinations beyond that airport; or
(2) to a small hub or nonhub airport, when in Alaska or when the
nearest hub airport is more than 400 miles from an eligible place.
(b) MINIMUM REQUIREMENTS.—Basic essential air service shall include at
least the following:
(1)(A) for a place not in Alaska, 2 daily round trips 6 days a week,
with not more than one intermediate stop on each flight; or
(B) for a place in Alaska, a level of service at least equal to that pro-
vided in 1976 or 2 round trips a week, whichever is greater, except that
the Secretary of Transportation and the appropriate State authority of
Alaska may agree to a different level of service after consulting with the
affected community.
(2) flights at reasonable times considering the needs of passengers with
connecting flights at the airport and at prices that are not excessive com-
pared to the generally prevailing prices of other air carriers for like serv-
ice 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 traf-
fic at an average load factor, for each class of traffic considering seasonal
demands for the service, of not more than—
479
(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 trans-
portation, the level of basic essential air service for that place shall be the
level established by the Secretary of Transportation for that place by not later
than December 29, 1988.
(b) DECISIONS NOT MADE BEFORE OCTOBER 1, 1988.—(1) The Secretary
shall decide on the level of basic essential air service for each eligible place
for which a decision was not made before October 1, 1988, establishing the
level of essential air transportation, when the Secretary receives notice that
service to that place will be provided by only one air carrier. The Secretary
shall make the decision by the last day of the 6-month period beginning on
the date the Secretary receives the notice. The Secretary may impose notice
requirements necessary to carry out this subsection. Before making a decision,
the Secretary shall consider the views of any interested community and the
appropriate State authority of the State in which the community is located.
(2) Until the Secretary has made a decision on a level of basic essential
air service for an eligible place under this subsection, the Secretary, on 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;
480
(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.
(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 appro-
priate 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 service
established for that place under section 41733 of this title only after giving
the Secretary of Transportation, the appropriate State authority, and the af-
fected communities at least 90 days’ notice before ending, suspending, or re-
ducing 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 Sec-
retary 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 essential air
service to the place, whichever occurs first.
481
(c) CONTINUATION OF SERVICE FOR ADDITIONAL 30-DAY PERIODS.—If at
the end of the 30-day period under subsection (b) of this section the Secretary
decides another air carrier will not provide basic essential air service to the
place on a continuing basis, the Secretary shall require the carrier providing
service to continue to provide service for additional 30-day periods until an-
other carrier begins providing service on a continuing basis. At the end of
each 30-day period, the Secretary shall decide if another carrier will provide
service on a continuing basis.
(d) CONTINUATION OF COMPENSATION AFTER NOTICE PERIOD.—If an air
carrier receiving compensation under section 41733 of this title for providing
basic essential air service to an eligible place is required to continue to pro-
vide service to the place under this section after the 90-day notice period
under subsection (a) of this section, the Secretary shall continue to pay that
compensation after the last day of that period. The Secretary shall pay the
compensation until the Secretary finds another carrier to provide the service
to the place or the 90th day after the end of that notice period, whichever
is earlier. If, after the 90th day after the end of the 90-day notice period,
the Secretary has not found another carrier to provide the service, the carrier
required to continue to provide that service shall receive compensation suffi-
cient—
(1) to pay for the fully allocated actual cost to the carrier of perform-
ing the basic essential air service that was being provided when the 90-
day notice was given under subsection (a) of this section plus a reason-
able return on investment that is at least 5 percent of operating costs;
and
(2) to provide the carrier an additional return that recognizes the
demonstrated additional lost profits from opportunities foregone and the
likelihood that those lost profits increase as the period during which the
carrier is required to provide the service continues.
(e) COMPENSATION TO AIR CARRIERS ORIGINALLY PROVIDING SERVICE
WITHOUT COMPENSATION.—If the Secretary requires an air carrier providing
basic essential air service to an eligible place without compensation under sec-
tion 41733 of this title to continue providing that service after the 90-day
notice period required by subsection (a) of this section, the Secretary shall
provide the carrier with compensation after the end of the 90-day notice pe-
riod that is sufficient—
(1) to pay for the fully allocated actual cost to the carrier of perform-
ing the basic essential air service that was being provided when the 90-
day notice was given under subsection (a) of this section plus a reason-
able return on investment that is at least 5 percent of operating costs;
and
482
(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 carrier
to provide at least that basic essential air service to the place on a continuing
basis.
(g) TRANSFER OF AUTHORITY.—If an air carrier, providing basic essential
air service under section 41733 of this title between an eligible place and an
airport at which the Administrator of the Federal Aviation Administration
limits the number of instrument flight rule takeoffs and landings of aircraft,
provides notice under subsection (a) of this section of an intention to end,
suspend, or reduce that service and another carrier is found to provide the
service, the Secretary shall require the carrier providing notice to transfer any
operational authority the carrier has to land or take off at that airport relat-
ed to the service to the eligible place to the carrier that will provide the serv-
ice, if—
(1) the carrier that will provide the service needs the authority; and
(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 eli-
gible place for which basic essential air service is being provided under section
41733 of this title. The proposal shall—
(A) specify the level and type of enhanced essential air service the
State or local government considers appropriate; and
(B) include an agreement related to compensation required for the
proposed service.
(2) The agreement submitted under paragraph (1)(B) of this subsection
shall provide that—
(A) the State or local government or a person pay 50 percent of the
compensation required for the proposed service and the United States
Government pay the remaining 50 percent; or
(B)(i) the Government pay 100 percent of the compensation; and
(ii) if the proposed service is not successful for at least a 2-year period
under the criteria prescribed by the Secretary under paragraph (3) of
this subsection, the eligible place is not eligible for air service or air
483
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, disapprove
the proposal and notify the State or local government of the disapproval
and the reasons for the disapproval.
(c) COMPENSATION PAYMENTS.—(1) The Secretary shall pay compensation
under this section when and in the way the Secretary decides is appropriate.
Compensation for enhanced essential air service under this section may be
paid only for the costs incurred in providing air service to an eligible place
that are in addition to the costs incurred in providing basic essential air
service to the place under section 41733 of this title. The Secretary shall con-
tinue 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 compensa-
tion 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 es-
sential air service provided to each eligible place under this section.
(2) For service for which the Government pays 50 percent of the compensa-
tion, based on the review and consultation with the affected community and
the State or local government or person paying the remaining 50 percent of
the compensation, the Secretary shall make appropriate adjustments in the
type and level of service to the place.
(3) For service for which the Government pays 100 percent of the com-
pensation, based on the review and consultation with the State or local gov-
484
ernment submitting the proposal, the Secretary shall decide whether the serv-
ice has succeeded for at least a 2-year period under the criteria prescribed
under subsection (a)(3) of this section. If unsuccessful, the place is not eligible
for air service or air transportation for which compensation is paid by the
Secretary under this subchapter.
(e) ENDING, SUSPENDING, AND REDUCING AIR TRANSPORTATION.—An air
carrier may end, suspend, or reduce air transportation to an eligible place
below the level of enhanced essential air service established for that place by
the Secretary under this section only after giving the Secretary, the affected
community, and the State or local government or person paying compensa-
tion for that service at least 30 days’ notice before ending, suspending, or re-
ducing 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 re-
ceiving 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
(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 provid-
ing 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 dis-
approval.
(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 sub-
section (a)(1)(B) of this section, the Secretary shall approve a proposal under
this section to compensate an air carrier for providing air transportation to
a place in the 48 contiguous States or the District of Columbia and designate
the place as eligible for compensation under this section if—
485
(1) at any time before October 23, 1978, the place was served by a
carrier holding a certificate under section 401 of the Federal Aviation
Act of 1958;
(2) the place is more than 50 miles from the nearest small hub airport
or an eligible place;
(3) the place is more than 150 miles from the nearest hub airport; and
(4) the State or local government submitting the proposal or a person
is willing and able to pay 25 percent of the cost of providing the com-
pensated 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 agree-
ing to pay compensation for the transportation under subsection (b)(4) of this
section.
(2) After making the decision under paragraph (1) of this subsection, the
Secretary shall provide notice that any air carrier that is willing to provide
the level of air transportation established under paragraph (1) for a place
may submit an application to provide the transportation. In selecting an 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 compensation
under this section when and in the way the Secretary decides is appropriate.
The Secretary shall continue to pay compensation under this section only as
long as—
(A) the air carrier maintains the level of air transportation estab-
lished by the Secretary under subsection (c)(1) of this section;
(B) the State or local government or person agreeing to pay compensa-
tion for transportation under this section continues to pay that com-
pensation; 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.
486
(e) REVIEW.—The Secretary shall review periodically the level of air trans-
portation provided under this section. Based on the review and consultation
with any interested community, the appropriate State authority of the State
in which the community is located, and the State or local government or per-
son paying compensation under this section, the Secretary may make appro-
priate adjustments in the level of transportation.
(f) WITHDRAWAL OF ELIGIBILITY DESIGNATIONS.—After providing notice
and an opportunity for interested persons to comment, the Secretary may
withdraw the designation of a place under subsection (a)(1) of this section
as eligible to receive compensation under this section if the place has received
air transportation under this section for at least 2 years and the Secretary
decides the withdrawal would be in the public interest. The Secretary by regu-
lation shall prescribe standards for deciding whether the withdrawal of a des-
ignation under this subsection is in the public interest. The standards shall
include the factors listed in subsection (a)(2) of this section.
(g) ENDING, SUSPENDING, AND REDUCING AIR TRANSPORTATION.—An air
carrier providing air transportation for compensation under this section may
end, suspend, or reduce that transportation below the level of transportation
established by the Secretary under this section only after giving the Secretary,
the affected community, and the State or local government or person paying
compensation under this section at least 30 days’ notice before ending, sus-
pending, or reducing the transportation.
§ 41737. Compensation guidelines, limitations, and claims
(a) COMPENSATION GUIDELINES.—(1) The Secretary of Transportation
shall prescribe guidelines governing the rate of compensation payable under
this subchapter. The guidelines shall be used to determine the reasonable
amount of compensation required to ensure the continuation of air service or
air transportation under this subchapter. The guidelines shall—
(A) provide for a reduction in compensation when an air carrier does
not provide service or transportation agreed to be provided;
(B) consider amounts needed by an air carrier to promote public use
of the service or transportation for which compensation is being paid;
and
(C) include expense elements based on representative costs of air car-
riers providing scheduled air transportation of passengers, property, and
mail on aircraft of the type the Secretary decides is appropriate for pro-
viding the service or transportation for which compensation is being pro-
vided.
(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.
487
(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 Reve-
nue 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 contractual
obligation of the Government to pay the Government’s share of the compensa-
tion.
(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 obliga-
tions under this section. Amounts made available under this section remain
available until expended.
§ 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 Trans-
portation decides that—
(1) the carrier is fit, willing, and able to perform the service or trans-
portation; 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 sin-
gle 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 service
or transportation to and from major destinations beyond the hub.
488
§ 41741. Insurance
The Secretary of Transportation may pay an air carrier compensation
under this subchapter only when the carrier files with the Secretary an insur-
ance policy or self-insurance plan approved by the Secretary. The policy or
plan must be sufficient to pay for bodily injury to, or death of, an individual,
or for loss of or damage to property of others, resulting from the operation
of aircraft, but not more than the amount of the policy or plan limits.
§ 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.
§ 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 Alas-
ka, 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.
489
(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 different
classes of service. In prescribing a price for a carrier under this section, the
Secretary shall consider, among other factors, the following:
(1) the condition that the carrier may hold and operate under a 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 pro-
vided 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 intro-
duce as part of the record in every proceeding under this section a comprehen-
sive statement of the services to be required of the air carrier and other infor-
mation the Postal Service has that the Secretary considers material 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 Service
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 between
places described in clauses (1) and (2) of this subsection and every
change in each schedule; and
(4) for each schedule, the places served by the carrier and the time of
arrival at, and departure from, each place.
490
(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 estab-
lished 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 pro-
posed 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 become
effective only after 10 days after the order is issued. A person adversely af-
fected by the order may appeal the order to the Secretary before the end of
the 10-day period under regulations the Secretary prescribes. If the public
convenience and necessity require, the Secretary may amend, modify, suspend,
or cancel the order. Pending a decision about the order, the Secretary may
postpone the effective date of the order.
(f) PROCEEDINGS PREFERENCES.—The Secretary shall give preference to a
proceeding under this section over all other proceedings before the Secretary
under this subpart.
§ 41903. Duty to provide certain transportation of mail
(a) AIR CARRIERS.—Subject to subsection (b) of this section, an air carrier
authorized by its certificate to transport mail by aircraft in foreign air trans-
portation 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 prescribe
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 transportation or be-
tween places in Alaska. If the Postal Service tenders to an air carrier mail
exceeding the maximum load for transportation by the carrier under a sched-
ule designated or required to be established for the transportation of mail
under section 41902(c) of this title, the carrier, as nearly in accordance with
the schedule as the Secretary decides is possible, shall—
491
(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 aircraft
to or in a foreign country, the Postal Service may make an arrangement 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 Govern-
ment.
§ 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 without
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 requirements of the
Postal Service during the emergency. The contract may be only for periods
necessary to maintain mail service because of the inadequacy of the facilities.
Payment for transportation provided under the contract shall be made at
prices provided in the contract.
(b) TRANSPORTATION NOT AIR TRANSPORTATION.—Transportation 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 United
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 aircraft
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 trans-
porting mail by aircraft between the United States and the foreign country
that the Postal Service believes will result (over a reasonable period deter-
mined by the Postal Service considering exchange fluctuations and other fac-
tors) in the foreign air carrier receiving a price for transporting the mail that
is higher than the price—
492
(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 aircraft
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 consider—
(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
(3) the competitive disadvantage to United States flag air carriers re-
sulting 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 for-
eign air transportation must charge a government of a foreign country or for-
eign postal administration for transporting mail of the foreign country. The
Postal Service shall put those prices into effect under the postal convention
regulating postal relations between the United States and the foreign 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 coun-
try 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 foreign
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 for-
eign country under the arrangement; and
493
(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 trans-
portation shall be for the account of the air carrier.
(2) An air carrier holding a certificate that authorizes foreign air transpor-
tation is not entitled to receive compensation from both a government of a
foreign country or foreign postal administration and the United States Gov-
ernment 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 high-
er 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.
§ 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 re-
quired 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 authorized
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.
494
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 sub-
section (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, except for
employees deprived of employment because of a strike or whose employ-
ment is ended for cause.
(3) ‘‘protected employee’’ means an individual who on October 24,
1978, was 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 contraction
of an air carrier holding a certificate under section 41102 of this title
when the Secretary of Transportation finds the bankruptcy or contrac-
tion 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 con-
traction if the Secretary decides another reduction is likely to occur within
the 12-month period in which the first reduction occurs that, when included
with the first reduction, will result in a total reduction of more than 7.5 per-
cent.
§ 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 reimbursement
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.
495
(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 de-
prived of employment may not receive a payment after obtaining other em-
ployment. For each class or craft of protected employees, the Secretary of
Labor, after consulting with the Secretary of Transportation, shall prescribe
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 em-
ployee had accepted the employment.
(3) If accepting comparable employment to avoid a reduction in the month-
ly assistance payment under paragraph (2) of this subsection would force an
eligible protected employee to relocate, the employee may decide not to relo-
cate. Instead of the payments provided under this section, the employee 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 employ-
ee’s principal place of residence for less than fair market value or in can-
celling 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 October
23, 1988, is entitled to be the first employed in the occupational specialty of
the employee, regardless of the employee’s age, by any other air carrier hold-
ing a certificate under section 41102 of this title before October 24, 1978.
However, the air carrier may recall its furloughed employees before hiring a
protected employee of another air carrier regulated by the Secretary who was
furloughed or whose employment was ended by the other carrier (except for
496
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 fur-
loughed 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 employment;
(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.
§ 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 prescribe
a regulation under this subchapter until 30 legislative days after the regula-
tion is submitted to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Public Works and Transportation
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 regulation. 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 agree-
497
ment with the Secretary of Transportation and have it approved by the Sec-
retary 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 submitted
to binding arbitration under the Railway Labor Act (45 U.S.C. 151 et
seq.).
§ 42112. Labor requirements of air carriers
(a) DEFINITIONS.—In this section—
(1) ‘‘copilot’’ means an employee whose duties include assisting or re-
lieving the pilot in manipulating an aircraft and who is qualified to
serve as, and has in effect an airman certificate authorizing the employee
to serve as, a copilot.
(2) ‘‘pilot’’ means an employee who is—
(A) responsible for manipulating or who manipulates the flight
controls of an aircraft when under way, including the landing and
takeoff of an aircraft; and
(B) qualified to serve as, and has in effect an airman certificate
authorizing the employee to serve as, a pilot.
(b) DUTIES OF AIR CARRIERS.—An air carrier shall—
(1) maintain rates of compensation, maximum hours, and other work-
ing conditions and relations for its pilots and copilots who are providing
interstate air transportation in the 48 contiguous States and the District
of Columbia to conform with decision number 83, May 10, 1934, Na-
tional 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 sub-
section (b)(1) of this section.
498
(d) COLLECTIVE BARGAINING.—This section does not prevent pilots or copi-
lots 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.
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 cor-
poration 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—
499
(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 Fed-
eral Aviation Administration shall—
(A) register the aircraft; and
(B) issue a certificate of registration to its owner.
(2) The Administrator may prescribe the extent to which an aircraft owned
by the holder of a dealer’s certificate of registration issued under section
44104(2) of this title also is registered under this section.
(b) CONTROLLED SUBSTANCE VIOLATIONS.—(1) The Administrator may
not issue an owner’s certificate of registration under subsection (a)(1) of this
section to a person whose certificate is revoked under section 44106 of this
title during the 5-year period beginning on the date of the revocation, ex-
cept—
(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 Admin-
istrator decides that the aircraft otherwise meets the requirements of sec-
tion 44102 of this title and that denial of a certificate for the 5-year pe-
riod—
(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.
500
(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
(2) in the public interest for issuing, suspending, and revoking a deal-
er’s certificate of registration under this chapter and for its use by a per-
son 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 sub-
stance 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 Admin-
istration 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 knowing
that the aircraft was to be used for the activity described in clause (A)
of this paragraph.
(2) An aircraft owner that is not an individual is deemed to have 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 air-
501
craft 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 Ad-
ministrator revokes a certificate under subsection (b) of this section, the Ad-
ministrator shall—
(1) advise the holder of the certificate of the charges or reasons on
which the Administrator bases the proposed action; and
(2) provide the holder of the certificate an opportunity to answer the
charges and state why the certificate should not be revoked.
(d) APPEALS.—(1) A person whose certificate is revoked by the 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 conduct-
ing the hearing, the Board is not bound by the findings of fact of the Admin-
istrator.
(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 sub-
section may seek judicial review of the order under section 46110 of this title.
The Administrator shall be made a party to that judicial proceeding.
(e) ACQUITTAL.—(1) The Administrator may not revoke, and the Board
may not affirm a revocation of, a certificate of registration under this section
on the basis of an activity described in subsection (b)(1)(A) of this section
if the holder of the certificate is acquitted of all charges related to a controlled
substance in an indictment or information arising from the activity.
(2) If the Administrator has revoked a certificate of registration of a person
under this section because of an activity described in subsection (b)(1)(A) of
this section, the Administrator shall reissue a certificate to the person if the
person—
(A) subsequently is acquitted of all charges related to a controlled sub-
stance 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 Avia-
tion Administration shall establish a system for recording—
502
(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;
(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 generally
the engine, propeller, appliance, or spare part by type and designate its loca-
tion.
(c) ACKNOWLEDGMENT.—Except as the Administrator otherwise may pro-
vide, a conveyance, lease, or instrument may be recorded under subsection (a)
of this section only after it has been acknowledged before—
(1) a notary public; or
(2) another officer authorized under the laws of the United States, a
State, the District of Columbia, or a territory or possession of the United
States to acknowledge deeds.
(d) RECORDS AND INDEXES.—The Administrator shall—
(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.
503
§ 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
(3) a person having actual notice of the conveyance, lease, or instru-
ment.
(b) PERIOD OF VALIDITY.—When a conveyance, lease, or instrument is re-
corded under section 44107 of this title, the conveyance, lease, or instrument
is valid from the date of filing against all persons, without other recordation,
except that—
(1) a lease or instrument recorded under section 44107(a)(2)(A) or (B)
of this title is valid for a specifically identified engine or propeller with-
out regard to a lease or instrument previously or subsequently recorded
under section 44107(a)(2)(C) or (D); and
(2) a lease or instrument recorded under section 44107(a)(2)(C) or (D)
of this title is valid only for items at the location designated in the lease
or instrument.
(c) APPLICABLE LAWS.—(1) The validity of a conveyance, lease, or instru-
ment that may be recorded under section 44107 of this title is subject to the
laws of the State, the District of Columbia, or the territory or possession of
the United States at which the conveyance, lease, or instrument is delivered,
regardless of the place at which the subject of the conveyance, lease, or instru-
ment is located or delivered. If the conveyance, lease, or instrument specifies
the place at which delivery is intended, it is presumed that the conveyance,
lease, or instrument was delivered at the specified place.
(2) This subsection does not take precedence over the Convention on the
International Recognition of Rights in Aircraft (4 U.S.T. 1830).
(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 Sec-
504
retary requires by regulation, not later than 15 days after a sale, conditional
sale, transfer, or conveyance of the interest.
(b) EXEMPTIONS.—The Secretary—
(1) shall prescribe regulations that establish guidelines for exempting
a person or class from subsection (a) of this section; and
(2) may exempt a person or class under the regulations.
§ 44110. Information about aircraft ownership and rights
The Administrator of the Federal Aviation Administration may provide by
regulation for—
(1) endorsing information on each certificate of registration issued
under section 44103 of this title and each certificate issued under section
44704 of this title about ownership of the aircraft for which each certifi-
cate 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 provide
air transportation.
(b) AUTHORITY TO MAKE MODIFICATIONS.—The Administrator of the Fed-
eral Aviation Administration shall make modifications in the system for reg-
istering and recording aircraft necessary to make the system more effective
in serving the needs of—
(1) buyers and sellers of aircraft;
(2) officials responsible for enforcing laws related to the regulation of
controlled substances (as defined in section 102 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and
(3) other users of the system.
(c) NATURE OF MODIFICATIONS.—Modifications made under subsection (b)
of this section—
(1) may include a system of titling aircraft or registering all aircraft,
even aircraft not operated;
(2) shall ensure positive, verifiable, and timely identification of the
true owner; and
(3) shall address at least each of the following deficiencies in and
abuses of the existing system:
(A) the registration of aircraft to fictitious persons.
(B) the use of false or nonexistent addresses by persons registering
aircraft.
505
(C) the use by a person registering an aircraft of a post office
box or ‘‘mail drop’’ as a return address to evade identification of
the person’s address.
(D) the registration of aircraft to entities established to facilitate
unlawful activities.
(E) the submission of names of individuals on applications for
registration of aircraft that are not identifiable.
(F) the ability to make frequent legal changes in the registration
markings assigned to aircraft.
(G) the use of false registration markings on aircraft.
(H) the illegal use of ‘‘reserved’’ registration markings on 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 Admin-
istration 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 regula-
tions, 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, representa-
tives 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.
(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.
506
(3) ‘‘secured party’’ means a person having a security interest in, or
security title to, a civil aircraft, aircraft engine, or propeller under a
conditional sales contract, equipment trust contract, chattel or corporate
mortgage, or similar instrument.
(b) LIABILITY.—A lessor, owner, or secured party is liable for personal in-
jury, 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 prop-
erty 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 pro-
peller.
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 com-
pany 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 aircraft—
(A) in foreign air commerce; or
(B) between at least 2 places, all of which are outside the United
States.
507
(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 ob-
tained on reasonable terms from an insurance carrier.
(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 foreign-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 person
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 insurance.
This subsection does not prevent the Secretary from making contracts of coin-
surance.
§ 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
508
(iii) 2 places in the same territory or possession of the Unit-
ed States.
(3) the personal effects and baggage of officers and members of the
crew of an aircraft referred to in clause (1) of this section and of other
individuals employed or transported on that aircraft.
(4) officers and members of the crew of an aircraft referred to in clause
(1) of this section and other individuals employed or transported on that
aircraft against loss of life, injury, or detention.
(5) statutory or contractual obligations or other liabilities, customarily
covered by insurance, of an aircraft referred to in clause (1) of this sec-
tion or of the owner or operator of that aircraft.
§ 44304. Reinsurance
(a) GENERAL AUTHORITY.—To the extent the Secretary of Transportation
is authorized to provide insurance under this chapter, the Secretary may re-
insure any part of the insurance provided by an insurance carrier. The Sec-
retary may reinsure with, transfer to, or transfer back to, the carrier any in-
surance 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 in-
surance carrier charges for the insurance to be reinsured by the Secretary,
whichever is most advantageous to the Secretary. However, the Secretary may
make allowances to the insurance carrier for expenses incurred in providing
services and facilities that the Secretary considers good business practice, ex-
cept for payments by the carrier for the stimulation or solicitation of insur-
ance business.
§ 44305. Insuring United States Government property
(a) GENERAL.—With the approval of the President, a department, agency,
or instrumentality of the United States Government may obtain—
(1) insurance under this chapter, including insurance for risks from
operating an aircraft in intrastate or interstate air commerce, but not
including insurance on valuables subject to sections 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 op-
erated—
(A) in carrying out a contract of the department, agency, or in-
strumentality; or
509
(B) to transport military forces or materiel on behalf of the Unit-
ed States under an agreement between the Government and the gov-
ernment of a foreign country.
(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 designated
by the President when the Secretary of Defense or the designated head agrees
to indemnify the Secretary of Transportation against all losses covered by the
insurance. The Secretary of Defense and any designated head may make in-
demnity 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 con-
sideration of the risk involved.
(b) TIME LIMITS.—The Secretary of Transportation may provide insurance
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 con-
tinued 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 in-
sured 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 Treasury shall
disburse from the fund payments to carry out this chapter.
(2) Necessary amounts to carry out this chapter may be appropriated to
the fund. The amounts appropriated and other amounts received in carrying
out this chapter shall be deposited in the fund.
(b) INVESTMENT.—On request of the Secretary of Transportation, the Sec-
retary of the Treasury may invest any part of the amounts in the revolving
fund in interest-bearing securities of the United States Government. The in-
terest on, and the proceeds from the sale or redemption of, the securities shall
be deposited in the fund.
(c) EXCESS AMOUNTS.—The balance in the revolving fund in excess of an
amount the Secretary of Transportation determines is necessary for the re-
quirements of the fund and for reasonable reserves to maintain the solvency
510
of the fund shall be deposited at least annually in the Treasury as miscellane-
ous receipts.
(d) EXPENSES.—The Secretary of Transportation shall deposit annually an
amount in the Treasury as miscellaneous receipts to cover the expenses the
Government incurs when the Secretary of Transportation uses appropriated
amounts in carrying out this chapter. The deposited amount shall equal an
amount determined by multiplying the average monthly balance of appro-
priated amounts retained in the revolving fund by a percentage that is at
least the current average rate payable on marketable obligations of the Gov-
ernment. The Secretary of the Treasury shall determine annually in advance
the percentage applied.
§ 44308. Administrative
(a) COMMERCIAL PRACTICES.—The Secretary of Transportation may carry
out this chapter consistent with commercial practices of the aviation insur-
ance 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 Sec-
retary.
(2) The Secretary may pay reasonable compensation to an underwriting
agent for servicing insurance the agent writes for the Secretary. Compensation
may include payment for reasonable expenses incurred by the agent but may
not include a payment by the agent for stimulation or solicitation of insur-
ance 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.
511
(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.
(e) ACCOUNTS.—The Secretary shall maintain a set of accounts. The Comp-
troller General shall audit those accounts under chapter 35 of title 31. Not-
withstanding chapter 35, the Comptroller General shall allow credit for ex-
penditures 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 district
for the District of Columbia or in the judicial district in which the Attorney
General agrees to accept service.
(2) An interested person may be joined as a party to a civil action brought
under subsection (a) of this section initially or on motion of either party to
the action.
(c) TIME REQUIREMENTS.—When an insurance claim is made under this
chapter, the period during which, under section 2401 of title 28, a civil action
must be brought under subsection (a) of this section is suspended until 60
days after the Secretary of Transportation denies the claim. The claim is
deemed to be administratively denied if the Secretary does not act on the
claim not later than 6 months after filing, unless the Secretary makes a 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
512
the judicial district for the District of Columbia or in the judicial district
in which any party resides.
(2) The district court may order a party not residing or found in the 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 Govern-
ment from further liability to the parties to the action and to all other per-
sons 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 Administrator
of the Federal Aviation Administration shall make long range plans and pol-
icy 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 Fed-
eral Aviation Administration shall review, revise, and publish a national air-
ways 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-
513
siders necessary for a system of airways, air traffic services, and naviga-
tion aids that will—
(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 re-
quirements 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 na-
tional aviation research plan and submit the plan to the Committee on Com-
merce, 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 President’s
budget to Congress.
(2)(A) The plan shall describe, for a 15-year period, the research, engineer-
ing, and development that the Administrator of the Federal Aviation Admin-
istration 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.
514
(B) The plan shall cover all research conducted under sections 40119,
44504, 44505, 44507, 44511–44513, and 44912 of this title and shall identify
complementary and coordinated research efforts that the Administrator of the
National Aeronautics and Space Administration conducts with amounts spe-
cifically appropriated to the Administration. For projects for which the Ad-
ministrator 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 sig-
nificant impact on future appropriations requirements;
(iii) for the 6th and subsequent years of the plan, the long-term objec-
tives the Administrator of the Federal Aviation Administration considers
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 Federal
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 Administration
shall submit to the committees named in paragraph (1) of this subsection an
annual report on the accomplishments of the research completed during the
prior fiscal year. 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 Aviation
Administration may—
(A) acquire, establish, improve, operate, and maintain air navigation
facilities; and
(B) provide facilities and personnel to regulate and protect air traffic.
(2) The cost of site preparation work associated with acquiring, 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 Transportation
may make an agreement with an airport owner or sponsor (as defined in sec-
515
tion 47102 of this title) so that the owner or sponsor will provide the work
and be paid or reimbursed by the Secretary from the appropriated amounts.
(3) The Secretary of Transportation may authorize a department, agency,
or instrumentality of the United States Government to carry out any duty
or power under this subsection with the consent of the head of the department,
agency, or instrumentality.
(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, operated,
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 Ad-
ministration 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 al-
teration on the use of airspace by aircraft. A disagreement between the Ad-
ministrator of the Federal Aviation Administration and the Secretary of De-
fense or the Administrator of the National Aeronautics and Space Adminis-
tration may be appealed to the President for a final decision.
(2) To ensure conformity, an airport or landing area not involving the ex-
penditure of Government money may be established or constructed, or a run-
way may be altered substantially, only if the Administrator of the Federal
Aviation Administration is given reasonable prior notice so that the Adminis-
trator may provide advice on the effects of the establishment, construction, or
alteration on the use of airspace by aircraft.
(d) PUBLIC USE AND EMERGENCY ASSISTANCE.—(1) The head of a depart-
ment, agency, or instrumentality of the Government having jurisdiction over
an air navigation facility owned or operated by the Government may provide,
under regulations the head of the department, agency, or instrumentality pre-
scribes, 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
516
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 nec-
essary, because of an emergency, to allow the aircraft to continue to the near-
est airport operated by private enterprise. The head of the department, agen-
cy, or instrumentality shall provide for the assistance and sale at the prevail-
ing local fair market value as determined by the head of the department,
agency, or instrumentality. An amount that the head decides is equal to the
cost of the assistance provided and the fuel, oil, equipment, and supplies sold
shall be credited to the appropriation from which the cost was paid. The bal-
ance 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 Adminis-
trator.
§ 44503. Reducing nonessential expenditures
The Secretary of Transportation shall attempt to reduce the capital, operat-
ing, maintenance, and administrative costs of the national airport and air-
way system to the maximum extent practicable consistent with the highest de-
gree of aviation safety. At least annually, the Secretary shall consult with and
consider the recommendations of users of the system on ways to reduce non-
essential expenditures of the United States Government for aviation. The Sec-
retary 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 developmental
work and service testing to improve aircraft, aircraft engines, propellers, and
appliances.
(b) RESEARCH.—The Administrator shall conduct or supervise research—
517
(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 tech-
nologies that will contain aircraft fuels to minimize post-crash fire haz-
ards; and
(7) to develop technologies and methods to assess the risk of and pre-
vent defects, failures, and malfunctions of products, parts, processes, and
articles manufactured for use in aircraft, aircraft engines, propellers,
and appliances that could result in a catastrophic failure of an aircraft.
(c) AUTHORITY TO BUY ITEMS OFFERING SPECIAL ADVANTAGES.—In car-
rying out this section, the Administrator, by negotiation or otherwise, may
buy or exchange experimental aircraft, aircraft engines, propellers, and appli-
ances that the Administrator decides may offer special advantages to aero-
nautics.
§ 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 con-
trol 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 Administrator shall
be given technical information related to each research and development
518
project of the armed forces that potentially applies to, or potentially conflicts
with, the common system to ensure that potential application to the common
system is considered properly and that potential conflicts with the system are
eliminated.
(b) RESEARCH ON HUMAN FACTORS AND SIMULATION MODELS.—The Ad-
ministrator 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 sys-
tem and airport design and operating procedures that will provide ana-
lytical 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 EFFICIENT
SYSTEM.—The Administrator shall conduct or supervise research on—
(1) airspace and airport planning and design;
(2) airport capacity enhancement techniques;
(3) human performance in the air transportation environment;
(4) aviation safety and security;
(5) the supply of trained air transportation personnel, including pilots
and mechanics; and
(6) other aviation issues related to developing and maintaining a safe
and efficient air transportation system.
§ 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
to study the effect of automation on the performance of the next generation
519
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 appropriate
testing methods for identifying individuals with those attributes and ap-
titudes;
(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 commu-
nication systems, including Mode S Transponders, to improve informa-
tion 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 fa-
cilities and expertise in conducting research activities to study the human fac-
tor 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 de-
cision making on the workload and performance of air traffic controllers;
(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 Fed-
eral Aviation Administration may maintain the Collegiate Training Initia-
tive program by making new agreements and continuing existing agreements
with institutions of higher education (as defined by the Administrator) under
which the institutions prepare students for the position of air traffic controller
with the Department of Transportation (as defined in section 2109 of title
5). The Administrator may establish standards for the entry of institutions
into the program and for their continued participation.
(2)(A) The Administrator of the Federal Aviation Administration may 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
520
traffic controller noncompetitively in the excepted service (as defined in sec-
tion 2103 of title 5). An individual appointed under this paragraph serves
at the pleasure of the Administrator, subject to section 7511 of title 5. How-
ever, an appointment under this paragraph may be converted from one in
the excepted service to a career conditional or career appointment in the com-
petitive 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 author-
ity 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 traffic
controllers needed to operate the air traffic control system of the United
States;
(2) a 3-year projection of the number of controllers needed to be 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, mechan-
ics, inspectors, airway facility technicians, and other individuals
involved in operating and maintaining aircraft and air traffic con-
trol equipment; and
(G) agency work force optimization, including training, equip-
ment design, reduction of errors, and identification of candidate
tasks for automation;
521
(2) make comments to the Administrator of the Federal Aviation Ad-
ministration on human factors aspects of proposed air safety regulations;
(3) make comments to the Administrator on human factors aspects of
proposed training programs, equipment requirements, standards, and
procedures for aviation personnel;
(4) advise, assist, and represent the Federal Aviation Administration
in the human factors aspects of joint projects between the Administration
and the National Aeronautics and Space Administration, other depart-
ments, agencies, and instrumentalities of the United States Government,
industry, and governments of foreign countries; and
(5) provide medical consultation services to the Administrator about
medical certification of airmen.
§ 44508. Research advisory committee
(a) ESTABLISHMENT AND DUTIES.—(1) There is a research advisory com-
mittee 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 program
carried out under sections 40119, 44504, 44505, 44507, 44511–44513,
and 44912 of this title;
(B) assist in ensuring that the research is coordinated with similar
research being conducted outside the Administration; and
(C) review the operations of the regional centers of air transportation
excellence established under section 44513 of this title.
(2) The Administrator may establish subordinate committees to provide ad-
vice on specific areas of research conducted under sections 40119, 44504,
44505, 44507, 44511–44513, and 44912 of this title.
(b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.—(1) The committee is
composed of not more than 30 members appointed by the Administrator from
among individuals who are not employees of the Administration and who are
specially qualified to serve on the committee because of their education, train-
ing, or experience. In appointing members of the committee, the Adminis-
trator shall ensure that the regional centers of air transportation excellence,
universities, corporations, associations, consumers, and other departments,
agencies, and instrumentalities of the United States Government are rep-
resented.
(2) The Administrator shall designate the chairman of the committee.
(3) A member of the committee serves without pay. However, the Adminis-
trator may allow a member, when attending meetings of the committee or a
subordinate committee, expenses as authorized under section 5703 of title 5.
522
(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 sup-
plies 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 Ad-
ministrator 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 de-
velopment activities under this chapter.
§ 44510. Airway science curriculum grants
(a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation Ad-
ministration 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 de-
termine 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 Ad-
ministration may make grants to institutions of higher education and non-
profit research organizations to conduct aviation research in areas the Ad-
ministrator 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.
523
(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 facili-
tate 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 Ad-
ministration may make grants to institutions of higher education and non-
profit research organizations—
(1) to conduct aviation research related to the development of tech-
nologies and methods to assess the risk of, and prevent, defects, failures,
and malfunctions of products, parts, processes, and articles manufac-
tured for use in aircraft, aircraft engines, propellers, and appliances that
could result in a catastrophic failure of an aircraft; and
(2) to establish centers of excellence for continuing the research.
(b) SOLICITATION, APPLICATION, REVIEW, AND EVALUATION PROCESS.—
The Administrator shall establish a solicitation, application, review, and eval-
uation process that ensures providing grants under this section for proposals
having adequate merit and relevancy to the research described in subsection
(a) of this section.
§ 44513. Regional centers of air transportation excellence
(a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation Ad-
ministration may make grants to institutions of higher education to establish
and operate regional centers of air transportation excellence. The locations
shall be distributed in a geographically fair way.
(b) RESPONSIBILITIES.—(1) The responsibilities of each center established
under this section shall include—
(A) conducting research on—
(i) airspace and airport planning and design;
524
(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 subsection,
each center may make contracts with nonprofit research organizations and
other appropriate persons.
(c) APPLICATIONS.—An institution of higher education interested in receiv-
ing a grant under this section may submit an application to the Adminis-
trator. 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 state-
wide or regionwide continuing education program.
(6) the projects the applicant proposes to carry out under the grant.
(e) EXPENDITURE AGREEMENTS.—A grant may be made under this section
in a fiscal year only if the recipient makes an agreement with the Adminis-
trator that the Administrator requires to ensure that the recipient will main-
tain its total expenditures from all other sources for establishing and operat-
ing the center and related research activities at a level at least equal to the
average level of those expenditures in the 2 fiscal years of the recipient occur-
ring 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
525
and operating the center and related research activities that the grant recipi-
ent 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 sta-
tion with at least model 1 equipment.
(2) The Secretary shall reopen a flight service station closed after March
24, 1987, but before July 15, 1987, as soon as practicable if the service in
the area in which the station is located has not been provided since the closing
by an automatic flight service station with at least model 1 equipment. The
hours of operation for the reopened station shall be the same as were the hours
of operation for the station on March 25, 1987. After reopening the station,
the Secretary may close, or reduce the hours of operation of, the station only
as provided in paragraph (1) of this subsection.
(b) MANNED AUXILIARY STATIONS.—The Secretary and the Administrator
of the Federal Aviation Administration shall establish a system of manned
auxiliary flight service stations. The manned auxiliary flight service stations
shall supplement the services of the planned consolidation to 61 automated
flight service stations under the flight service station modernization program.
A manned auxiliary flight service station shall be located in an area of
unique weather or operational conditions that are critical to the safety of
flight.
§ 44515. Advanced training facilities for maintenance techni-
cians for air carrier aircraft
(a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation Ad-
ministration may make grants to not more than 4 vocational technical edu-
cational institutions to acquire or construct facilities to be used for the ad-
vanced training of maintenance technicians for air carrier aircraft.
(b) ELIGIBILITY.—The Administrator may make a grant under this section
to a vocational technical educational institution only if the institution has
a training curriculum that prepares aircraft maintenance technicians who
hold airframe and power plant certificates under subpart D of part 65 of title
14, Code of Federal Regulations, to maintain, without direct supervision, air
carrier aircraft.
(c) LIMITATION.—A vocational technical educational institution may not
receive more than a total of $5,000,000 in grants under this section.
526
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 pre-
scribing—
(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 supply
of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and
oil, including the reserve supply of fuel and oil carried in flight;
(4) regulations in the interest of safety for the maximum hours or pe-
riods 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.
527
(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 STAND-
ARDS.—When prescribing a regulation or standard under subsection (a) or
(b) of this section or section 44702–44716 of this title, the Administrator
shall—
(1) consider—
(A) the duty of an air carrier to provide service with the highest
possible degree of safety in the public interest; and
(B) differences between air transportation and other air com-
merce; and
(2) classify a regulation or standard appropriate to the differences be-
tween air transportation and other air commerce.
(e) EXEMPTIONS.—The Administrator may grant an exemption from a re-
quirement 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 certifi-
cates, production certificates, airworthiness certificates, air carrier operating
certificates, airport operating certificates, air agency certificates, and air
navigation facility certificates under this chapter. An application for a cer-
tificate must—
(1) be under oath when the Administrator requires; and
(2) be in the form, contain information, and be filed and served in
the way the Administrator prescribes.
(b) CONSIDERATIONS.—When issuing a certificate under this chapter, the
Administrator shall—
(1) consider—
(A) the duty of an air carrier to provide service with the highest
possible degree of safety in the public interest; and
528
(B) differences between air transportation and other air com-
merce; and
(2) classify a certificate according to the differences between air trans-
portation and other air commerce.
(c) PRIOR CERTIFICATION.—The Administrator may authorize an aircraft,
aircraft engine, propeller, or appliance for which a certificate has been issued
authorizing the use of the aircraft, aircraft engine, propeller, or appliance in
air transportation to be used in air commerce without another certificate
being issued.
(d) DELEGATION.—(1) Subject to regulations, supervision, and review the
Administrator may prescribe, the Administrator may delegate to a qualified
private person, or to an employee under the supervision of that person, a mat-
ter 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 subsection
may apply for reconsideration of the action by the Administrator. On the Ad-
ministrator’s own initiative, the Administrator may reconsider the action of
a private person at any time. If the Administrator decides on reconsideration
that the action is unreasonable or unwarranted, the Administrator shall
change, modify, or reverse the action. If the Administrator decides the action
is warranted, the Administrator shall affirm the action.
§ 44703. Airman certificates
(a) GENERAL.—The Administrator of the Federal Aviation Administration
shall issue an airman certificate to an individual when the Administrator
finds, after investigation, that the individual is qualified for, and physically
able to perform the duties related to, the position to be authorized by the cer-
tificate.
(b) CONTENTS.—(1) An airman certificate shall—
(A) be numbered and recorded by the Administrator of the Federal
Aviation Administration;
(B) contain the name, address, and description of the individual to
whom the certificate is issued;
(C) contain terms the Administrator decides are necessary to ensure
safety in air commerce, including terms on the duration of the 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
529
(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 convenient
to the place of residence or employment of the applicant. The Board is not
bound by findings of fact of the Administrator of the Federal Aviation Ad-
ministration but is bound by all validly adopted interpretations of laws and
regulations the Administrator carries out unless the Board finds an interpre-
tation is arbitrary, capricious, or otherwise not according to law. At the end
of the hearing, the Board shall decide whether the individual meets the appli-
cable regulations and standards. The Administrator is bound by that decision.
(d) RESTRICTIONS AND PROHIBITIONS.—The Administrator of the Federal
Aviation Administration may—
(1) restrict or prohibit issuing an airman certificate to an alien; or
(2) make issuing the certificate to an alien dependent on a reciprocal
agreement with the government of a foreign country.
(e) CONTROLLED SUBSTANCE VIOLATIONS.—The Administrator of the Fed-
eral Aviation Administration may not issue an airman certificate to an indi-
vidual whose certificate is revoked under section 44710 of this title except—
(1) when the Administrator decides that issuing the certificate will fa-
cilitate 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 regu-
lation 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 modi-
fications shall ensure positive and verifiable identification of each individual
applying for or holding a certificate and shall address at least each of the
following deficiencies in, and abuses of, the existing system:
(A) the use of fictitious names and addresses by applicants for those
certificates.
(B) the use of stolen or fraudulent identification in applying for those
certificates.
530
(C) the use by an applicant of a post office box or ‘‘mail drop’’ as
a return address to evade identification of the applicant’s address.
(D) the use of counterfeit and stolen airman certificates by pilots.
(E) the absence of information about physical characteristics of holders
of those certificates.
(2) The Administrator of the Federal Aviation Administration shall 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 Ad-
ministrator of the Federal Aviation Administration shall consult with the Ad-
ministrator of Drug Enforcement, the Commissioner of Customs, other law en-
forcement officials of the United States Government, representatives of State
and local law enforcement officials, representatives of the general aviation air-
craft industry, representatives of users of general aviation aircraft, 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 sub-
section when the Administrator finds that the aircraft, aircraft engine, pro-
peller, or appliance is properly designed and manufactured, performs prop-
erly, and meets the regulations and minimum standards prescribed under sec-
tion 44701(a) of this title. On receiving an application for a type certificate,
the Administrator shall investigate the application and may conduct a hear-
ing. 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 safe-
ty; and
(C) record on the certificate a numerical specification of the essential
factors related to the performance of the aircraft, aircraft engine, or pro-
peller for which the certificate is issued.
(b) PRODUCTION CERTIFICATES.—The Administrator shall issue a produc-
tion certificate authorizing the production of a duplicate of an aircraft, air-
craft engine, propeller, or appliance for which a type certificate has been is-
sued when the Administrator finds the duplicate will conform to the certifi-
cate. On receiving an application, the Administrator shall inspect, and may
require testing of, a duplicate to ensure that it conforms to the requirements
531
of the certificate. The Administrator may include in a production certificate
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 inter-
est 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 nec-
essary 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 car-
rier when the Administrator finds, after investigation, that the person prop-
erly and adequately is equipped and able to operate safely under this part
and regulations and standards prescribed under this part. An air carrier op-
erating 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 Unit-
ed States over which, a person may operate as an air carrier.
§ 44706. Airport operating certificates
(a) GENERAL.—The Administrator of the Federal Aviation Administration
shall issue an airport operating certificate to a person desiring to operate an
airport—
(1) that serves an air carrier operating aircraft designed for at least
31 passenger seats;
(2) that 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 Ad-
532
ministrator 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 air-
craft; 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 per-
cent of the total number of passenger boardings each year at all airports de-
scribed 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.
§ 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 Fed-
eral Aviation Administration may reinspect at any time a civil aircraft, air-
craft 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—
533
(1) any part of a certificate issued under this chapter if—
(A) the Administrator decides after conducting a reinspection, re-
examination, or other investigation that safety in air commerce or
air transportation and the public interest require that action; or
(B) the holder of the certificate has violated an aircraft noise or
sonic boom standard or regulation prescribed under section
44715(a) of this title; and
(2) an airman certificate when the holder of the certificate is convicted
of violating section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C.
742j–1(a)).
(c) ADVICE TO CERTIFICATE HOLDERS AND OPPORTUNITY TO ANSWER.—
Before acting under subsection (b) of this section, the Administrator shall ad-
vise the holder of the certificate of the charges or other reasons on which the
Administrator relies for the proposed action. Except in an emergency, the Ad-
ministrator 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 Adminis-
trator under this section may appeal the order to the National Transportation
Safety Board. After notice and an opportunity for a hearing, the Board may
amend, modify, or reverse the order when the Board finds—
(A) if the order was issued under subsection (b)(1)(A) of this section,
that safety in air commerce or air transportation and the public interest
do not require affirmation of the order; or
(B) if the order was issued under subsection (b)(1)(B) of this section—
(i) that control or abatement of aircraft noise or sonic boom and
the public health and welfare do not require affirmation of the
order; or
(ii) the order, as it is related to a violation of aircraft noise or
sonic boom standards and regulations, is not consistent with safety
in air commerce or air transportation.
(2) The Board may modify a suspension or revocation of a certificate to
imposition of a civil penalty.
(3) When conducting a hearing under this subsection, the Board is not
bound by findings of fact of the Administrator but is bound by all validly
adopted interpretations of laws and regulations the Administrator carries out
and of written agency policy guidance available to the public related to sanc-
tions to be imposed under this section unless the Board finds an interpreta-
tion 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
534
the Administrator is stayed. However, if the Administrator advises the Board
that an emergency exists and safety in air commerce or air transportation
requires the order to be effective immediately—
(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 de-
cides 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 Adminis-
tration shall issue an order revoking an airman certificate issued an individ-
ual under section 44703 of this title after the individual is convicted, under
a law of the United States or a State related to a controlled substance (except
a law related to simple possession of a controlled substance), of an offense
punishable by death or imprisonment for more than one year if the Adminis-
trator finds that—
(A) an aircraft was used to commit, or facilitate the commission of,
the offense; and
(B) the individual served as an airman, or was on the aircraft, in
connection with committing, or facilitating the commission of, the 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.
535
(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 Ad-
ministrator revokes a certificate under subsection (b) of this section, the Ad-
ministrator 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 find-
ings of fact of the Administrator but shall be bound by all validly adopted
interpretations of laws and regulations the Administrator carries out and of
written agency policy guidance available to the public related to sanctions to
be imposed under this section unless the Board finds an interpretation is ar-
bitrary, 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. How-
ever, if the Administrator advises the Board that safety in air transportation
or air commerce requires the immediate effectiveness of the order—
(A) the order remains effective; and
(B) the Board shall make a final disposition of the appeal not later
than 60 days after the Administrator so advises the Board.
(3) An individual substantially affected by an order of the Board under
this subsection, or the Administrator when the Administrator decides that an
order of the Board will have a significant adverse effect on carrying out this
part, may obtain judicial review of the order under section 46110 of this title.
The Administrator shall be made a party to the judicial review proceedings.
Findings of fact of the Board are conclusive if supported by substantial evi-
dence.
(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.
536
(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 certificate
under section 44703 of this title; and
(B)(i) the individual subsequently is acquitted of all charges related
to a controlled substance in an indictment or information arising from
the activity; or
(ii) the conviction on which a revocation under subsection (b)(1) of
this section is based is reversed.
(f) WAIVERS.—The Administrator may waive the requirement of subsection
(b) of this section that an airman certificate of an individual be revoked if—
(1) a law enforcement official of the United States Government or of
a State requests a waiver; and
(2) the Administrator decides that the waiver will facilitate law 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
(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);
537
(7) violate a term of an air agency or production certificate or a regu-
lation 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 ad-
ditive in violation of a regulation prescribed under section 44714 of this
title.
(b) EXEMPTION.—On terms the Administrator of the Federal Aviation Ad-
ministration prescribes as being in the public interest, the Administrator may
exempt a foreign aircraft and airmen serving on the aircraft from subsection
(a) of this section. However, an exemption from observing air traffic regula-
tions 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 sub-
part 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;
(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 Federal
Aviation Administration for research and development;
(6) aircraft when used for showing compliance with regulations, crew
training, exhibition, air racing, or market surveys; and
(7) aircraft equipped to carry only one individual.
(c) REMOVAL.—The Administrator shall prescribe regulations specifying the
conditions under which an aircraft subject to subsection (a) of this section
may operate when its emergency locator transmitter has been removed for in-
spection, 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
538
orders issued by the Administrator of the Federal Aviation Administration
under this part. A person operating, inspecting, repairing, or maintaining
the equipment shall comply with those requirements, regulations, and orders.
(b) DUTIES OF INSPECTORS.—The Administrator of the Federal Aviation
Administration shall employ inspectors who shall—
(1) inspect aircraft, aircraft engines, propellers, and appliances 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 appliances
are in safe condition and maintained properly; and
(2) advise and cooperate with the air carrier during that inspection
and maintenance.
(c) UNSAFE AIRCRAFT, ENGINES, PROPELLERS, AND APPLIANCES.—When
an inspector decides that an aircraft, aircraft engine, propeller, or appliance
is not in condition for safe operation, the inspector shall notify the air carrier
in the form and way prescribed by the Administrator of the Federal Aviation
Administration. For 5 days after the carrier is notified, the aircraft, engine,
propeller, or appliance may not be used in air transportation or in a way
that endangers air transportation unless the Administrator or the inspector
decides the aircraft, engine, propeller, or appliance is in condition for safe
operation.
(d) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the Federal
Aviation Administration shall make modifications in the system for process-
ing forms for major repairs or alterations to fuel tanks and fuel systems of
aircraft not used to provide air transportation that are necessary to make the
system more effective in serving the needs of users of the system, including
officials responsible for enforcing laws related to the regulation of controlled
substances (as defined in section 102 of the Comprehensive Drug Abuse Pre-
vention and Control Act of 1970 (21 U.S.C. 802)). The modifications shall
address at least each of the following deficiencies in, and abuses of, the exist-
ing 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
539
and abuses described in paragraph (1). In prescribing the regulations, the Ad-
ministrator of the Federal Aviation Administration shall consult with the Ad-
ministrator of Drug Enforcement, the Commissioner of Customs, other law en-
forcement officials of the United States Government, representatives of State
and local law enforcement officials, representatives of the general aviation air-
craft industry, representatives of users of general aviation aircraft, 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 decides
under section 231 of the Clean Air Act (42 U.S.C. 7571) endanger 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 public
health and welfare from aircraft noise and sonic boom, the Administrator of
the Federal Aviation Administration shall prescribe—
(A) standards to measure aircraft noise and sonic boom; and
(B) regulations to control and abate aircraft noise and sonic boom.
(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 Administration pre-
scribes standards and regulations under this section that apply to that air-
craft.
(b) CONSIDERATIONS AND CONSULTATION.—When prescribing a standard
or regulation under this section, the Administrator of the Federal Aviation
Administration shall—
(1) consider relevant information related to aircraft noise and sonic
boom;
(2) consult with appropriate departments, agencies, and instrumental-
ities of the United States Government and State and interstate authori-
ties;
540
(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 Administra-
tion proposed regulations to control and abate aircraft noise and sonic boom
(including control and abatement through the use of the authority of the Ad-
ministrator of the Federal Aviation Administration) that the Administrator
of the Environmental Protection Agency considers necessary to protect the
public health and welfare. The Administrator of the Federal Aviation Admin-
istration shall consider those proposed regulations and shall publish them in
a notice of proposed regulations not later than 30 days after they are received.
Not later than 60 days after publication, the Administrator of the Federal
Aviation Administration shall begin a hearing at which interested persons are
given an opportunity for oral and written presentations. Not later than 90
days after the hearing is completed and after consulting with the Adminis-
trator of the Environmental Protection Agency, the Administrator of the Fed-
eral Aviation Administration shall—
(1) prescribe regulations as provided by this section—
(A) substantially the same as the proposed regulations submitted
by the Administrator of the Environmental Protection Agency; or
(B) that amend the proposed regulations; or
(2) publish in the Federal Register—
(A) a notice that no regulation is being prescribed in response to
the proposed regulations of the Administrator of the Environmental
Protection Agency;
(B) a detailed analysis of, and response to, all information the
Administrator of the Environmental Protection Agency submitted
with the proposed regulations; and
(C) a detailed explanation of why no regulation is being 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
541
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 pro-
posed. The request, including a detailed statement of the information on
which the request is based, shall be published in the Federal Register.
(2) The Administrator of the Federal Aviation Administration shall report
to the Administrator of the Environmental Protection Agency within the time,
if any, specified in the request. 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 Ad-
ministrator 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
(D) be published in the Federal Register unless the request proposes
specific action by the Administrator of the Federal Aviation Administra-
tion 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 Ad-
ministration 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 supple-
mental 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 sup-
plemental report shall contain a comparison of the environmental effects, in-
cluding those that cannot be avoided, of the action of the Administrator of
the Federal Aviation Administration and the proposed regulations of the Ad-
ministrator of the Environmental Protection Agency.
(f) EXEMPTIONS.—An exemption from a standard or regulation prescribed
under this section may be granted only if, before granting the exemption, the
Administrator of the Federal Aviation Administration consults with the Ad-
ministrator of the Environmental Protection Agency. However, if the Admin-
istrator of the Federal Aviation Administration finds that safety in air trans-
portation or air commerce requires an exemption before the Administrator of
the Environmental Protection Agency can be consulted, the exemption may
542
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 Federal
Aviation Administration shall—
(1) complete the development of the collision avoidance system known
as TCAS–II so that TCAS–II can operate under visual and instrument
flight rules and can be upgraded to the performance standards applicable
to the collision avoidance system known as TCAS–III;
(2) develop and carry out a schedule for developing and certifying
TCAS–II that will result in certification not later than June 30, 1989;
and
(3) submit to Congress monthly reports on the progress being made in
developing and certifying TCAS–II.
(b) INSTALLATION AND OPERATION.—The Administrator shall require by
regulation that, not later than 30 months after the date certification is made
under subsection (a)(2) of this section, TCAS–II be installed and operated on
each civil aircraft that has a maximum passenger capacity of at least 31 seats
and is used to provide air transportation of passengers, including intrastate
air transportation of passengers. The Administrator may extend the deadline
in this subsection for not more than 2 years if the Administrator finds the
extension is necessary to promote—
(1) a safe and orderly transition to the operation of a fleet of civil
aircraft described in this subsection equipped with TCAS–II; or
(2) other safety objectives.
(c) OPERATIONAL EVALUATION.—Not later than December 30, 1990, the
Administrator shall establish a one-year program to collect and assess safety
and operational information from civil aircraft equipped with TCAS–II for
the operational evaluation of TCAS–II. The Administrator shall encourage
foreign air carriers that operate civil aircraft equipped with TCAS–II to par-
ticipate 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 schedule
compatible with the schedule for installing TCAS–II.
(e) DEADLINE FOR DEVELOPMENT AND CERTIFICATION.—(1) The Adminis-
trator 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.
543
(f) INSTALLING AND USING TRANSPONDERS.—The Administrator shall pre-
scribe regulations requiring that, not later than December 30, 1990, operating
transponders with automatic altitude reporting capability be installed and
used for aircraft operating in designated terminal airspace where radar serv-
ice is provided for separation of aircraft. The Administrator may provide for
access to that airspace (except terminal control areas and airport radar serv-
ice 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 Avia-
tion Administration shall prescribe regulations that ensure the continuing
airworthiness of aging aircraft. The regulations prescribed under subsection
(a) of this section—
(1) at least shall require the Administrator to make inspections, and
review the maintenance and other records, of each aircraft an air carrier
uses to provide air transportation that the Administrator decides may
be necessary to enable the Administrator to decide whether the aircraft
is in safe condition and maintained properly for operation in air trans-
portation;
(2) at least shall require an air carrier to demonstrate to the Adminis-
trator, as part of the inspection, that maintenance of the aircraft’s age-
sensitive parts and components has been adequate and timely enough to
ensure the highest degree of safety;
(3) shall require the air carrier to make available to the Administrator
the aircraft and any records about the aircraft that the Administrator
requires to carry out a review; and
(4) shall establish procedures to be followed in carrying out an inspec-
tion.
(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 serv-
ice.
(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—
544
(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 Adminis-
trator 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 inspec-
tions and reviews that—
(A) will ensure the continuing airworthiness of aging aircraft used by
foreign air carriers to provide foreign air transportation to and from the
United States; and
(B) will provide passengers of those foreign air carriers with the same
level of safety that will be provided passengers of air carriers by carrying
out this section.
(2) Not later than September 30, 1994, the Administrator shall report to
Congress on carrying out this subsection.
§ 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, estab-
lishment, or expansion, or the proposed construction, alteration, establish-
ment, 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 conduct
an aeronautical study to decide the extent of any adverse impact on the safe
and efficient use of the airspace, facilities, or equipment. In conducting the
study, the Secretary shall consider factors relevant to the efficient and effective
use of the navigable airspace, including—
(A) the impact on arrival, departure, and en route procedures for air-
craft operating under visual flight rules;
545
(B) the impact on arrival, departure, and en route procedures for air-
craft 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 facili-
ties; and
(E) the cumulative impact resulting from the proposed construction or
alteration of a structure when combined with the impact of other existing
or proposed structures.
(2) On completing the study, the Secretary shall issue a report disclosing
completely the extent of the adverse impact on the safe and efficient use of
the navigable airspace that the Secretary finds will result from constructing
or altering the structure.
(c) BROADCAST APPLICATIONS AND TOWER STUDIES.—In carrying out
laws related to a broadcast application and conducting an aeronautical study
related to broadcast towers, the Administrator of the Federal Aviation Admin-
istration and the Federal Communications Commission shall take action nec-
essary 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), terrain
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 movement
of aircraft in air commerce. In providing the services, the Secretary shall co-
operate with the Administrator and give complete consideration to those rec-
ommendations.
(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 weath-
er conditions;
546
(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 meteorological
services, maintain reciprocal arrangements with those persons in carry-
ing out this clause, and collect and distribute weather reports available
from aircraft in flight;
(4) maintain and coordinate international exchanges of meteorological
information required for the safety and efficiency of air navigation;
(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, includ-
ing the establishment, operation, and maintenance of reporting stations
on the high seas, in polar regions, and in foreign countries;
(6) coordinate meteorological requirements in the United States to
maintain standard observations, to promote efficient use of facilities, and
to avoid duplication of services unless the duplication tends to promote
the safety and efficiency of air navigation; and
(7) promote and develop meteorological science and foster and support
research projects in meteorology through the use of private and govern-
mental 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 Admin-
istration may arrange for the publication of aeronautical maps and charts
necessary for the safe and efficient movement of aircraft in air navigation,
using the facilities and assistance of departments, agencies, and instrumental-
ities 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 de-
veloped 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
547
or chart of a defective or deficient flight procedure or airway if the flight pro-
cedure 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 dur-
ing winter conditions. In deciding on the procedures to be required, the Ad-
ministrator shall consider at least aircraft and air traffic control modifica-
tions, the availability of different types of deicing fluids (considering their ef-
ficacy and environmental limitations), the types of deicing equipment avail-
able, 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 ac-
tivities of the Federal Aviation Administration during the fiscal year ending
the prior September 30th. The report shall include—
(1) a comparison of end-of-year staffing levels by operations, mainte-
nance, and avionics inspector categories to staffing goals and a statement
on how staffing standards were applied to make allocations between air
carrier and general aviation operations, maintenance, and avionics in-
spectors;
(2) schedules showing the range of inspector experience by various in-
spector 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 inspec-
tions, 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-
548
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 inspec-
tor guidance documents and regulations to include technological, man-
agement, and structural changes taking place in the aviation industry,
including a listing of the backlog of all proposed regulatory amendments;
(8) a list of the specific operational measures of effectiveness used to
evaluate—
(A) the progress in meeting program objectives;
(B) the quality of program delivery; and
(C) the nature of emerging safety problems;
(9) a schedule showing the number of civil penalty cases closed during
the 2 prior fiscal years, including the total initial and final penalties
imposed, the total number of dollars collected, the range of dollar
amounts collected, the average case processing time, and the range of case
processing time;
(10) a schedule showing the number of enforcement actions taken (ex-
cept 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 ac-
tion taken; and
(11) schedules showing the safety record of the aviation industry dur-
ing the fiscal year for air carriers and general aviation, including—
(A) the number of inspections performed when deficiencies were
identified compared with inspections when no deficiencies were
found;
(B) the frequency of safety deficiencies for each air carrier; and
(C) an analysis based on data of the general status of air carrier
and general aviation compliance with aviation regulations.
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.
549
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 Aviation
Administration shall prescribe regulations requiring screening of all pas-
sengers 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 proce-
dure used or operated by an employee or agent of an air carrier, intrastate
air carrier, or foreign air carrier.
(b) AMENDING REGULATIONS.—Notwithstanding subsection (a) of this sec-
tion, the Administrator may amend a regulation prescribed under subsection
(a) to require screening only to ensure security against criminal violence and
aircraft piracy in air transportation and intrastate air transportation.
(c) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.—The Ad-
ministrator—
(1) may exempt from this section air transportation operations, except
scheduled passenger operations of an air carrier providing air transpor-
tation under a certificate issued under section 41102 of this title or a
permit issued under section 41302 of this title; and
(2) shall advise Congress of a regulation to be prescribed under this
section at least 30 days before the effective date of the regulation, unless
the Administrator decides an emergency exists requiring the regulation
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, intrastate
air carrier, or foreign air carrier to refuse to transport—
(1) a passenger who does not consent to a search under section
44901(a) of this title establishing whether the passenger is carrying un-
lawfully a dangerous weapon, explosive, or other destructive substance;
or
550
(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 trans-
port a passenger or property the carrier decides is, or might be, inimical 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 sec-
tion is not given.
§ 44903. Air transportation security
(a) DEFINITION.—In this section, ‘‘law enforcement personnel’’ means indi-
viduals—
(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.
551
(c) SECURITY PROGRAMS.—(1) The Administrator shall prescribe regula-
tions under subsection (b) of this section that require each operator of an air-
port regularly serving an air carrier holding a certificate issued by the Sec-
retary of Transportation to establish an air transportation security program
that provides a law enforcement presence and capability at each of those air-
ports that is adequate to ensure the safety of passengers. The regulations shall
authorize the operator to use the services of qualified State, local, and private
law enforcement personnel. When the Administrator decides, after being noti-
fied by an operator in the form the Administrator prescribes, 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 an-
other department, agency, or instrumentality of the Government with the con-
sent 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 Administrator 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 oper-
ations at the airport, and the availability of qualified State or local law en-
forcement 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 secu-
rity program of an airport tenant (except an air carrier separately comply-
ing 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 imposed
by the Administrator on the airport operator under the access control
system requirements of section 107.14 of title 14, Code of Federal Regula-
tions, or under other requirements of part 107 of title 14; and
(ii) the methods the airport operator will use to monitor and audit
the tenant’s compliance with the security requirements and provides that
the tenant will be required to pay monetary penalties to the airport op-
erator 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 em-
552
ployee, permittee, or invitee of the tenant is responsible for the violation and
that the airport operator has complied with all measures in its security pro-
gram 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 United
States committed in the presence of the individual or for a felony under
the laws of the United States, if the individual reasonably believes the
individual to be arrested has committed or is committing a felony.
(e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—The Admin-
istrator has the exclusive responsibility to direct law enforcement activity re-
lated 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 Ad-
ministration and the Director of the Federal Bureau of Investigation jointly
shall assess current and potential threats to the domestic air transportation
system. The assessment shall include consideration of the extent to which there
are individuals with the capability and intent to carry out terrorist or related
unlawful acts against that system and the ways in which those individuals
might carry out those acts. The Administrator and the Director jointly shall
decide on and carry out the most effective method for continuous analysis and
monitoring of security threats to that system.
(b) ASSESSING SECURITY.—In coordination with the Director, the Admin-
istrator shall carry out periodic threat and vulnerability assessments on secu-
rity at each airport that is part of the domestic air transportation system.
Each assessment shall include consideration of—
(1) the adequacy of security procedures related to the handling and
transportation of checked baggage and cargo;
(2) space requirements for security personnel and equipment;
(3) separation of screened and unscreened passengers, baggage, and
cargo;
(4) separation of the controlled and uncontrolled areas of airport fa-
cilities; and
553
(5) coordination of the activities of security personnel of the Adminis-
tration, the United States Customs Service, the Immigration and Natu-
ralization Service, and air carriers, and of other law enforcement person-
nel.
(c) IMPROVING SECURITY.—The Administrator shall take necessary actions
to improve domestic air transportation security by correcting any deficiencies
in that security discovered in the assessments, analyses, and monitoring car-
ried out under this section.
§ 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 individ-
ual 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 feasible, the
safety of passengers and crew of a particular flight or series of flights, the
Administrator of the Federal Aviation Administration shall cancel the flight
or series of flights.
(c) GUIDELINES
ON PUBLIC NOTICE.—(1) The President shall develop
guidelines for ensuring that public notice is provided in appropriate cases
about threats to civil aviation. The guidelines shall identify officials 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.
554
(d) GUIDELINES ON NOTICE TO CREWS.—The Administrator shall develop
guidelines for ensuring that notice in appropriate cases of threats to the secu-
rity 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, re-
ceive, and analyze intelligence information related to aviation security, the
Administrator shall develop procedures to minimize the number of individuals
who have access to information about threats. However, a restriction on access
to that information may be imposed only if the restriction does not diminish
the ability of the Government to carry out its duties and powers related to
aviation security effectively, including providing notice to the public and
flight and cabin crews under this section.
(g) DISTRIBUTION OF GUIDELINES.—The guidelines developed under this
section shall be distributed for use by appropriate officials of the Department
of Transportation, the Department of State, the Department of Justice, and
air carriers.
§ 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 Regula-
tions, that a foreign air carrier must adopt and use a security program ap-
proved by the Administrator. The Administrator may approve a security pro-
gram of a foreign air carrier under section 129.25 only if the Administrator
decides the security program provides passengers of the foreign air carrier a
level of protection similar to the level those passengers would receive under
the security programs of air carriers serving the same airport. The Adminis-
trator 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 Ad-
ministrator shall prescribe regulations to carry out this section.
§ 44907. Security standards at foreign airports
(a) ASSESSMENT.—(1) At intervals the Secretary of Transportation consid-
ers necessary, the Secretary shall assess the effectiveness of the security meas-
ures maintained at—
(A) a foreign airport—
(i) served by an air carrier;
(ii) from which a foreign air carrier serves the United States; or
555
(iii) that poses a high risk of introducing danger to international
air travel; and
(B) other foreign airports the Secretary considers appropriate.
(2) The Secretary of Transportation shall conduct an assessment under
paragraph (1) of this subsection—
(A) in consultation with appropriate aeronautic authorities of the gov-
ernment of a foreign country concerned and each air carrier serving the
foreign airport for which the Secretary is conducting the assessment;
(B) to establish the extent to which a foreign airport effectively main-
tains and carries out security measures; and
(C) by using a standard that will result in an analysis of the security
measures at the airport based at least on the standards and appropriate
recommended practices contained in Annex 17 to the Convention on
International Civil Aviation in effect on the date of the assessment.
(3) Each report to Congress required under section 44938(b) of this title
shall contain a summary of the assessments conducted under this subsection.
(b) CONSULTATION.—In carrying out subsection (a) of this section, the Sec-
retary 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 con-
trol of the government of the foreign country in which they are located
and pose a high risk of introducing danger to international air travel.
(c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary of Transpor-
tation, after conducting an assessment under subsection (a) of this section, de-
cides that an airport does not maintain and carry out effective security meas-
ures, the Secretary of Transportation, after advising the Secretary of State,
shall notify the appropriate authorities of the government of the foreign coun-
try 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 EF-
FECTIVE SECURITY MEASURES.—(1) When the Secretary of Transportation
decides under this section that an airport does not maintain and carry out
effective security measures—
(A) the Secretary of Transportation shall—
(i) publish the identity of the airport in the Federal Register;
(ii) have the identity of the airport posted and displayed 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;