Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
parent 511d65f9a0
commit 76b8ec33a7
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---
type: "LegalText"
title: "49 U.S.C. § 41301"
description: "Requirement for a permit"
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kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "413"
chapter_name: "FOREIGN AIR TRANSPORTATION"
section: "41301"
citation: "49 U.S.C. § 41301"
status: "current"
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---
# 49 U.S.C. § 41301 - Requirement for a permit
## Text
A foreign air carrier may provide foreign air transportation only if the foreign air carrier holds a permit issued under this chapter authorizing the foreign air transportation.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1126.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4130149 App.:1372(a).Aug. 23, 1958, Pub. L. 85726, § 402(a), 72 Stat. 757. The word “provide” is substituted for “engage in” for consistency in the revised title. The word “holds” is substituted for “there is in force” to eliminate unnecessary words.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "49 U.S.C. § 41302"
description: "Permits of foreign air carriers"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "413"
chapter_name: "FOREIGN AIR TRANSPORTATION"
section: "41302"
citation: "49 U.S.C. § 41302"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
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---
# 49 U.S.C. § 41302 - Permits of foreign air carriers
## Text
The Secretary of Transportation may issue a permit to a person (except a citizen of the United States) authorizing the person to provide foreign air transportation as a foreign air carrier if the Secretary finds that—
(1) the person is fit, willing, and able to provide the foreign air transportation to be authorized by the permit and to comply with this part and regulations of the Secretary; and
(2) (A) the person is qualified, and has been designated by the government of its country, to provide the foreign air transportation under an agreement with the United States Government; or
(B) the foreign air transportation to be provided under the permit will be in the public interest.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1126.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4130249 App.:1372(b).Aug. 23, 1958, Pub. L. 85726, § 402(b), 72 Stat. 758; restated Feb. 15, 1980, Pub. L. 96192, § 7, 94 Stat. 38. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98443, § 3(e), 98 Stat. 1704. In this section, before clause (1), the words “person (except a citizen of the United States)” and “person” are substituted for “applicant” for clarity and consistency because only a person other than a United States citizen may be a “foreign air carrier” as defined in section 40102(a) of the revised title. In clauses (1) and (2), the word “provide” is substituted for “perform” for consistency in the revised title. In clause (1), the word “properly” is omitted as surplus. The word “comply” is substituted for “conform” for consistency in the revised title. The word “rules” is omitted as being synonymous with “regulations”. The word “requirements” is omitted as surplus. In clause (2)(A), the words “government of its country” are substituted for “its government” for consistency in the revised title and with other titles of the United States Code.
@@ -0,0 +1,39 @@
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type: "LegalText"
title: "49 U.S.C. § 41303"
description: "Transfers of permits"
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corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "413"
chapter_name: "FOREIGN AIR TRANSPORTATION"
section: "41303"
citation: "49 U.S.C. § 41303"
status: "current"
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---
# 49 U.S.C. § 41303 - Transfers of permits
## Text
A permit issued under section 41302 of this title may be transferred only when the Secretary of Transportation approves the transfer because the transfer is in the public interest.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1127.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4130349 App.:1372(g).Aug. 23, 1958, Pub. L. 85726, § 402(g), 72 Stat. 758. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98443, § 3(e), 98 Stat. 1704.
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corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "413"
chapter_name: "FOREIGN AIR TRANSPORTATION"
section: "41304"
citation: "49 U.S.C. § 41304"
status: "current"
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source: "official"
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---
# 49 U.S.C. § 41304 - Effective periods and amendments, modifications, suspensions, and revocations of permits
## Text
(a) General.— The Secretary of Transportation may prescribe the period during which a permit issued under section 41302 of this title is in effect. After notice and an opportunity for a hearing, the Secretary may amend, modify, suspend, or revoke the permit if the Secretary finds that action to be in the public interest.
(b) Suspensions and Restrictions.— Without a hearing, but subject to the approval of the President, the Secretary—
(1) may suspend summarily the permits of foreign air carriers of a foreign country, or amend, modify, or limit the operations of the foreign air carriers under the permits, when the Secretary finds—
(A) the action is in the public interest; and
(B) the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection of the United States Government, has—
(i) limited or denied the operating rights of an air carrier; or
(ii) engaged in unfair, discriminatory, or restrictive practices that have a substantial adverse competitive impact on an air carrier related to air transportation to, from, through, or over the territory of the foreign country; and
(2) to make this subsection effective, may restrict operations between the United States and the foreign country by a foreign air carrier of a third country.
(c) Illegal Importation of Controlled Substances.— The Secretary—
(1) in consultation with appropriate departments, agencies, and instrumentalities of the Government, shall reexamine immediately the fitness of a foreign air carrier that—
(A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or
(B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and
(2) when appropriate, shall amend, modify, suspend, or revoke the permit of the carrier issued under this chapter.
(d) Responses.— An interested person may file a response with the Secretary opposing or supporting the amendment, modification, suspension, or revocation of a permit under subsection (a) of this section.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1127.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 41304(a)49 App.:1372(e) (related to duration of permits).Aug. 23, 1958, Pub. L. 85726, § 402(e) (related to duration of permits), 72 Stat. 758. 49 App.:1372(f)(1) (1st sentence).Aug. 23, 1958, Pub. L. 85726, § 402(f)(1), 72 Stat. 758; Feb. 15, 1980, Pub. L. 96192, § 9, 94 Stat. 38. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98443, § 3(e), 98 Stat. 1704. 41304(b)49 App.:1372(f)(2).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 402(f)(2); added Feb. 15, 1980, Pub. L. 96192, § 9, 94 Stat. 38. 49 App.:1551(b)(1)(E). 41304(c)49 App.:1371a (related to permit).Aug. 15, 1985, Pub. L. 9988, § 100 (1st complete par. related to permit on p. 352), 99 Stat. 352. 41304(d)49 App.:1372(f)(1) (last sentence). 49 App.:1551(b)(1)(E). In subsection (a), the words “altered” and “cancelled” are omitted as surplus. In subsection (b)(1), before clause (A), the words “alter” and “condition” are omitted as surplus. In clause (B)(i) and (ii), the words “United States” before “air carriers” and “carriers” are omitted as surplus and for consistency because only a citizen of the United States may be an “air carrier” as defined in section 40102(a) of the revised title. In clause (B)(i), the word “impaired” is omitted as surplus. In subsection (c), before clause (1), the words “Notwithstanding any other provision of law” are omitted as surplus. The words “on and after August 15, 1985” are omitted as executed. In clause (1), before subclause (A), the words “law enforcement and other” are omitted as surplus. The words “departments, agencies, and instrumentalities of the Government” are substituted for “agencies” for consistency in the revised title and with other titles of the Code. The words “a foreign air carrier” are substituted for “any carrier” for clarity. In clause (2), the words “of public convenience and necessity” are omitted as surplus. The word “amend” is added for consistency. The words “issued under this chapter” are added for clarity. In subsection (d), the word “response” is substituted for “protest or memorandum” to eliminate unnecessary words. The words “alteration” and “cancellation” are omitted as surplus.
@@ -0,0 +1,51 @@
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corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "413"
chapter_name: "FOREIGN AIR TRANSPORTATION"
section: "41305"
citation: "49 U.S.C. § 41305"
status: "current"
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---
# 49 U.S.C. § 41305 - Applications for permits
## Text
(a) Form, Contents, Notice, Response, and Actions on Applications.— (1) A person must apply in writing to the Secretary of Transportation to be issued a permit under section 41302 of this title. The Secretary shall prescribe regulations to require that the application be—
(A) verified;
(B) in a certain form and contain certain information;
(C) served on interested persons; and
(D) accompanied by proof of service on those persons.
(2) When an application is filed, the Secretary shall post a notice of the application in the office of the Secretary and give notice of the application to other persons as required by regulations of the Secretary. An interested person may file a response with the Secretary opposing or supporting the issuance of the permit. The Secretary shall act on an application as expeditiously as possible.
(b) Terms.— The Secretary may impose terms for providing foreign air transportation under the permit that the Secretary finds may be required in the public interest.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1127.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 41305(a)(1)49 App.:1372(c).Aug. 23, 1958, Pub. L. 85726, § 402(c), (e) (related to terms, conditions, or limitations of permits), 72 Stat. 758. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98443, § 3(e), 98 Stat. 1704. 41305(a)(2)49 App.:1372(d).Aug. 23, 1958, Pub. L. 85726, § 402(d), 72 Stat. 758; Feb. 15, 1980, Pub. L. 96192, § 8, 94 Stat. 38. 49 App.:1551(b)(1)(E). 41305(b)49 App.:1372(e) (related to terms, conditions, or limitations of permits). 49 App.:1551(b)(1)(E). In subsection (a)(1), before clause (A), the words “A person must apply . . . to the Secretary of Transportation to be issued a permit under section 41302 of this title” are added for clarity. Clause (C) is added for clarity. In subsection (a)(2), the words “give due notice thereof to the public by” are omitted as surplus. The word “response” is substituted for “protest or memorandum” to eliminate unnecessary words. The word “expeditiously” is substituted for “speedily” for consistency in this chapter. In subsection (b), the words “reasonable” and “conditions, or limitations” are omitted as surplus. The words “for providing foreign air transportation” are added for clarity.
@@ -0,0 +1,45 @@
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type: "LegalText"
title: "49 U.S.C. § 41306"
description: "Simplified procedure to apply for, amend, modify, and suspend permits"
jurisdiction: "us"
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kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "413"
chapter_name: "FOREIGN AIR TRANSPORTATION"
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citation: "49 U.S.C. § 41306"
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---
# 49 U.S.C. § 41306 - Simplified procedure to apply for, amend, modify, and suspend permits
## Text
(a) Regulations.— The Secretary of Transportation shall prescribe regulations that simplify the procedure for—
(1) acting on an application for a permit to provide foreign air transportation under section 41302 of this title; and
(2) amending, modifying, or suspending any part of that permit under section 41304(a) or (b) of this title.
(b) Notice and Opportunity To Respond.— Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1128.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 41306(a)49 App.:1372(h) (1st sentence).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 402(h); added Oct. 24, 1978, Pub. L. 95504, § 21(b)(1), 92 Stat. 1723. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98443, § 3(e), 98 Stat. 1704. 41306(b)49 App.:1372(h) (last sentence). In subsection (a)(1), the words “acting on” are substituted for “disposition of” for consistency. The word “provide” is substituted for “engage in” for consistency in the revised title. In subsection (a)(2), the word “alteration” is omitted as surplus. The word “transfer” is omitted because 49 App.:1372(f) does not cover transfer of a permit. In subsection (b), the word “adequate” is omitted as surplus.
File diff suppressed because one or more lines are too long
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kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
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---
# 49 U.S.C. § 41308 - Exemption from the antitrust laws
## Text
(a) Definition.— In this section, “antitrust laws” has the same meaning given that term in the first section of the Clayton Act (15 U.S.C. 12).
(b) Exemption Authorized.— When the Secretary of Transportation decides it is required by the public interest, the Secretary, as part of an order under section 41309 or 42111 of this title, may exempt a person affected by the order from the antitrust laws to the extent necessary to allow the person to proceed with the transaction specifically approved by the order and with any transaction necessarily contemplated by the order.
(c) Exemption Required.— In an order under section 41309 of this title approving an agreement, request, modification, or cancellation, the Secretary, on the basis of the findings required under section 41309(b)(1), shall exempt a person affected by the order from the antitrust laws to the extent necessary to allow the person to proceed with the transaction specifically approved by the order and with any transaction necessarily contemplated by the order.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1128.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4130849 App.:1384.Aug. 23, 1958, Pub. L. 85726, § 414, 72 Stat. 770; restated Oct. 24, 1978, Pub. L. 95504, § 30(a), 92 Stat. 1731; Feb. 15, 1980, Pub. L. 96192, § 27, 94 Stat. 47. 49 App.:1551(a)(6) (related to 49 App.:1384).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(a)(6) (related to § 414); added Oct. 4, 1984, Pub. L. 98443, § 3(c), 98 Stat. 1704. 49 App.:1551(b)(1)(C) (related to 49 App.:1384).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(b)(1)(C) (related to § 414); added Oct. 24, 1978, Pub. L. 95504, § 40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97309, § 4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98443, § 3(a), 98 Stat. 1703. Subsection (a) is substituted for “the anti-trust laws set forth in subsection (a) of section 12 of title 15” for consistency in the revised title and with other titles of the United States Code. In subsection (b), reference to 49 App.:1378 and 1379 is omitted as obsolete.
@@ -0,0 +1,71 @@
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description: "Cooperative agreements and requests"
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kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
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---
# 49 U.S.C. § 41309 - Cooperative agreements and requests
## Text
(a) Filing.— An air carrier or foreign air carrier may file with the Secretary of Transportation a true copy of or, if oral, a true and complete memorandum of, an agreement (except an agreement related to interstate air transportation), or a request for authority to discuss cooperative arrangements (except arrangements related to interstate air transportation), and any modification or cancellation of an agreement, between the air carrier or foreign air carrier and another air carrier, a foreign carrier, or another carrier.
(b) Approval.— The Secretary of Transportation shall approve an agreement, request, modification, or cancellation referred to in subsection (a) of this section when the Secretary finds it is not adverse to the public interest and is not in violation of this part. However, the Secretary shall disapprove—
(1) or, after periodic review, end approval of, an agreement, request, modification, or cancellation, that substantially reduces or eliminates competition unless the Secretary finds that—
(A) the agreement, request, modification, or cancellation is necessary to meet a serious transportation need or to achieve important public benefits (including international comity and foreign policy considerations); and
(B) the transportation need cannot be met or those benefits cannot be achieved by reasonably available alternatives that are materially less anticompetitive; or
(2) an agreement that—
(A) is between an air carrier not directly operating aircraft in foreign air transportation and a carrier subject to subtitle IV of this title; and
(B) governs the compensation the carrier may receive for the transportation.
(c) Notice and Opportunity To Respond or for Hearing.— (1) When an agreement, request, modification, or cancellation is filed, the Secretary of Transportation shall give the Attorney General and the Secretary of State written notice of, and an opportunity to submit written comments about, the filing. On the initiative of the Secretary of Transportation or on request of the Attorney General or Secretary of State, the Secretary of Transportation may conduct a hearing to decide whether an agreement, request, modification, or cancellation is consistent with this part whether or not it was approved previously.
(2) In a proceeding before the Secretary of Transportation applying standards under subsection (b)(1) of this section, a party opposing an agreement, request, modification, or cancellation has the burden of proving that it substantially reduces or eliminates competition and that less anticompetitive alternatives are available. The party defending the agreement, request, modification, or cancellation has the burden of proving the transportation need or public benefits.
(3) The Secretary of Transportation shall include the findings required by subsection (b)(1) of this section in an order of the Secretary approving or disapproving an agreement, request, modification, or cancellation.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1129; Pub. L. 10488, title III, § 308(l), Dec. 29, 1995, 109 Stat. 948; Pub. L. 104287, § 5(71), Oct. 11, 1996, 110 Stat. 3396.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 41309(a)49 App.:1382(a)(1).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 412(a), (b); added Oct. 24, 1978, Pub. L. 95504, § 28(c), 92 Stat. 1729; Feb. 15, 1980, Pub. L. 96192, § 11, 94 Stat. 39. 49 App.:1551(a)(6) (related to 49 App.:1382).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(a)(6) (related to § 412); added Oct. 4, 1984, Pub. L. 98443, § 3(c), 98 Stat. 1704. 49 App.:1551(b)(1)(C) (related to 49 App.:1382(a)).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(b)(1)(C) (related to § 412(a), (b)); added Oct. 24, 1978, Pub. L. 95504, § 40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97309, § 4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98443, § 3(a), 98 Stat. 1703. 41309(b)49 App.:1382(a)(2)(A). 49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)). 41309(c)(1)49 App.:1382(b). 49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(b)). 41309(c)(2)49 App.:1382(a)(2)(B). 41309(c)(3)49 App.:1382(a)(2)(C). 49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)). In this section, the word “contract” is omitted as being included in “agreement”. In subsection (a), the words “(whether enforceable by provisions for liquidated damages, penalties, bonds, or otherwise)” are omitted as surplus. The words “(except an agreement related to interstate air transportation)” and “(except arrangements related to interstate air transportation)” are added because of 49 App.:1551(a)(6) (related to 49 App.:1382). The word “working” is omitted as surplus. The words “in force on October 24, 1978, or thereafter entered into” are omitted as executed. The words “and any modification or cancellation of an agreement” are substituted for “or any modification or cancellation thereof” for clarity and consistency. In subsection (b), before clause (1), the words “The Board shall by order disapprove any contract, agreement, or request . . . that it finds to be adverse to the public interest or in violation of this chapter” are omitted as surplus because of the language restated in this subsection that sets out the requirements for approval by the Secretary of Transportation before the antitrust exemption is effective. The words “whether or not previously approved by it” are omitted as surplus because of the language in clause (1) requiring periodic review and continuing approval. The words “by order” are omitted as unnecessary because of 5:ch. 5, subch. II. The text of 49 App.:1382(a)(2)(A)(iii) is omitted as obsolete because of 49 App.:1551(a)(6) (related to 49 App.:1382). In subsection (c)(1), the words “in accordance with regulations which it prescribes” are omitted as surplus. The words “in accordance with regulations prescribed by the Board” are omitted as surplus.
Pub. L. 104287This amends 49:41309(b)(2)(B) for consistency in the subsection.
Editorial Notes
Amendments1996—Subsec. (b)(2)(B). Pub. L. 104287 substituted “carrier” for “common carrier”. 1995—Subsec. (b)(2)(A). Pub. L. 10488 substituted “a carrier” for “a common carrier”.
Statutory Notes and Related Subsidiaries
Effective Date of 1995 AmendmentAmendment by Pub. L. 10488 effective Jan. 1, 1996, see section 2 of Pub. L. 10488, set out as an Effective Date note under section 1301 of this title.
Air Transportation Arrangements in Certain StatesPub. L. 10771, title I, § 116, Nov. 19, 2001, 115 Stat. 624, which related to air transportation arrangements for flights that both originate and terminate at points within the same State, was repealed by Pub. L. 107273, div. C, title IV, § 14102(g), Nov. 2, 2002, 116 Stat. 1922.
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# 49 U.S.C. § 41311 - Gambling restrictions
## Text
(a) In General.— An air carrier or foreign air carrier may not install, transport, or operate, or permit the use of, any gambling device on board an aircraft in foreign air transportation.
(b) Definition.— In this section, the term “gambling device” means any machine or mechanical device (including gambling applications on electronic interactive video systems installed on board aircraft for passenger use)—
(1) which when operated may deliver, as the result of the application of an element of chance, any money or property; or
(2) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property.
(Added Pub. L. 103305, title II, § 205(a)(1), Aug. 23, 1994, 108 Stat. 1583.)
## Notes
Statutory Notes and Related Subsidiaries
Study of Gambling on Commercial AircraftPub. L. 103305, title II, § 205(b), Aug. 23, 1994, 108 Stat. 1583, provided that the Secretary, not later than 1 year after Aug. 23, 1994, was to complete a study of the aviation safety effects of gambling applications on electronic interactive video systems installed on board aircraft for passenger use and the competitive implications of permitting foreign air carriers only, but not United States air carriers, to install, transport, and operate gambling applications on electronic interactive video systems on board aircraft on flights over international waters, and provided that the Secretary, within 5 days after the completion of the study, would submit a report to Congress on the results of the study.
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# 49 U.S.C. § 41312 - Ending or suspending foreign air transportation
## Text
(a) General.— An air carrier holding a certificate issued under section 41102 of this title to provide foreign air transportation—
(1) may end or suspend the transportation to a place under the certificate only when the carrier gives at least 90 days notice of its intention to end or suspend the transportation to the Secretary of Transportation, any community affected by that decision, and the State authority of the State in which a community is located; and
(2) if it is the only air carrier holding a certificate to provide non-stop or single-plane foreign air transportation between 2 places, may end or suspend the transportation between those places only when the carrier gives at least 60 days notice of its intention to end or suspend the transportation to the Secretary and each community directly affected by that decision.
(b) Temporary Suspension.— The Secretary may authorize the temporary suspension of foreign air transportation under subsection (a) of this section when the Secretary finds the suspension is in the public interest.
(Added Pub. L. 103429, § 6(51)(A), Oct. 31, 1994, 108 Stat. 4384; amended Pub. L. 104287, § 5(72), Oct. 11, 1996, 110 Stat. 3396.)
## Notes
Historical and Revision Notes Pub. L. 103429 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 41312(a)49 App.:1371(j)(1) (1st sentence), (2).Aug. 23, 1958, Pub. L. 85726, § 401(j), 72 Stat. 756, as restated Oct. 24, 1978, Pub. L. 95504, § 19(a), 92 Stat. 1720. 49 App.:1551(a)(1)(D).Aug. 23, 1958, Pub. L. 85726, § 1601(a)(1)(D), as added Oct. 24, 1978, Pub. L. 95504, § 40(a), 92 Stat. 1744. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85726, § 1601(b)(1)(E), as added Oct. 4, 1984, Pub. L. 98443, § 3(e), 98 Stat. 1704. 41312(b)49 App.:1371(j)(1) (last sentence).49 App.:1551(a)(1)(D), (b)(1)(E). In the section, the text of 49 App.:1371(j) (related to interstate and overseas transportation of persons) is omitted because of 49 App.:1551(a)(1)(D). The text of 49 App.:1371(j) (related to other interstate and overseas air transportation and the domestic air transportation of mail) is omitted because a certificate of public convenience and necessity is no longer required. See H.R. Rept. 98793, 98th Cong., 2d Sess., p. 10 (1984). The text of 49 App.:1371(j) (related to essential air transportation) is omitted as superseded by 49 App.:1389, restated as subchapter II of chapter 417 of title 49. In subsection (a)(1) and (2), the word “place” is substituted for “point” for consistency in the revised title. The words “by that decision” are added for clarity. In subsection (a)(1), the words “which it is providing” are omitted as surplus. The word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code. In subsection (a)(2), the words “between those places” are substituted for “being provided by such air carrier under such certificate” to eliminate unnecessary words. In subsection (b), the words “by regulation or otherwise” are omitted as surplus. The words “when the Secretary finds the suspension is in” are substituted for “as may be” for clarity and consistency.
Pub. L. 104287This amends 49:41312(a)(1) to conform to the style of title 49.
Editorial Notes
Amendments1996—Subsec. (a)(1). Pub. L. 104287 substituted “Secretary of Transportation” for “Secretary”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 5, 1994, see section 9 of Pub. L. 103429, set out as an Effective Date of 1994 Amendment note under section 321 of this title.
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# 49 U.S.C. § 41313 - Plans to address needs of families of passengers involved in foreign air carrier accidents
## Text
(a) Definitions.— In this section, the following definitions apply:
(1) Aircraft accident.— The term “aircraft accident” means any aviation disaster, regardless of its cause or suspected cause, that occurs within the United States; and
(2) Passenger.— The term “passenger” has the meaning given such term by section 1136.
(b) Submission of Plans.— A foreign air carrier providing foreign air transportation under this chapter shall transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in any loss of life.
(c) Contents of Plans.— To the extent permitted by foreign law which was in effect on the date of the enactment of this section, a plan submitted by a foreign air carrier under subsection (b) shall include the following:
(1) Telephone number.— A plan for publicizing a reliable, toll-free telephone number and staff to take calls to such number from families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in any loss of life.
(2) Notification of families.— A process for notifying, in person to the extent practicable, the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in any loss of life before providing any public notice of the names of such passengers. Such notice shall be provided by using the services of—
(A) the organization designated for the accident under section 1136(a)(2); or
(B) other suitably trained individuals.
(3) Notice provided as soon as possible.— An assurance that the notice required by paragraph (2) shall be provided as soon as practicable after the foreign air carrier has verified the identity of a passenger on the foreign aircraft, whether or not the names of all of the passengers have been verified.
(4) List of passengers.— An assurance that the foreign air carrier shall provide, immediately upon request, and update a list (based on the best available information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), to—
(A) the director of family support services designated for the accident under section 1136(a)(1); and
(B) the organization designated for the accident under section 1136(a)(2).
(5) Consultation regarding disposition of remains and effects.— An assurance that the family of each passenger will be consulted about the disposition of any remains and personal effects of the passenger that are within the control of the foreign air carrier.
(6) Return of possessions.— An assurance that, if requested by the family of a passenger, any possession (regardless of its condition) of that passenger that is within the control of the foreign air carrier will be returned to the family unless the possession is needed for the accident investigation or a criminal investigation.
(7) Unclaimed possessions retained.— An assurance that any unclaimed possession of a passenger within the control of the foreign air carrier will be retained by the foreign air carrier for not less than 18 months after the date of the accident.
(8) Monuments.— An assurance that the family of each passenger will be consulted about construction by the foreign air carrier of any monument to the passengers built in the United States, including any inscription on the monument.
(9) Equal treatment of passengers.— An assurance that the treatment of the families of nonrevenue passengers (and any other victim of the accident, including any victim on the ground) will be the same as the treatment of the families of revenue passengers.
(10) Service and assistance to families of passengers.— An assurance that the foreign air carrier will work with any organization designated under section 1136(a)(2) on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following an accident.
(11) Compensation to service organizations.— An assurance that the foreign air carrier will provide reasonable compensation to any organization designated under section 1136(a)(2) for services and assistance provided by the organization.
(12) Travel and care expenses.— An assurance that the foreign air carrier will assist the family of any passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location.
(13) Resources for plan.— An assurance that the foreign air carrier will commit sufficient resources to carry out the plan.
(14) Substitute measures.— If a foreign air carrier does not wish to comply with paragraph (10), (11), or (12), a description of proposed adequate substitute measures for the requirements of each paragraph with which the foreign air carrier does not wish to comply.
(15) Training of employees and agents.— An assurance that the foreign air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.
(16) Consultation on carrier response not covered by plan.— An assurance that, in the event that the foreign air carrier volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving any loss of life, the foreign air carrier shall consult with the Board and the Department of State on the provision of the assistance.
(17) Notice concerning liability for manmade structures.— (A) In general.— An assurance that, in the case of an accident that results in any damage to a manmade structure or other property on the ground that is not government-owned, the foreign air carrier will promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other property about liability for any property damage and means for obtaining compensation.
(B) Minimum contents.— At a minimum, the written notice shall advise an owner (i) to contact the insurer of the property as the authoritative source for information about coverage and compensation; (ii) to not rely on unofficial information offered by foreign air carrier representatives about compensation by the foreign air carrier for accident-site property damage; and (iii) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with restrictions on access to the accident site.
(18) Simultaneous electronic transmission of ntsb hearing.— An assurance that, in the case of an accident in which the National Transportation Safety Board conducts a public hearing or comparable proceeding at a location greater than 80 miles from the accident site, the foreign air carrier will ensure that the proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and destination city of the foreign air carriers flight if that city is located in the United States.
(d) Permit and Exemption Requirement.— The Secretary shall not approve an application for a permit under section 41302 unless the applicant has included as part of the application or request for exemption a plan that meets the requirements of subsection (c).
(e) Limitation on Liability.— A foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the foreign air carrier in preparing or providing a passenger list pursuant to a plan submitted by the foreign air carrier under subsection (c), unless the liability was caused by conduct of the foreign air carrier which was grossly negligent or which constituted intentional misconduct.
(Added Pub. L. 105148, § 1(a), Dec. 16, 1997, 111 Stat. 2681; amended Pub. L. 106181, title IV, § 403(a)(c)(1), Apr. 5, 2000, 114 Stat. 130; Pub. L. 108176, title VIII, § 809(b), Dec. 12, 2003, 117 Stat. 2589; Pub. L. 115254, div. B, title V, § 539(d), div. C, § 1109(b), Oct. 5, 2018, 132 Stat. 3370, 3434; Pub. L. 11863, title XI, § 1101(i), May 16, 2024, 138 Stat. 1413.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 105148, which was approved Dec. 16, 1997.
Amendments2024—Subsec. (c)(16). Pub. L. 11863 substituted “the foreign air carrier shall consult” for “will consult”. 2018—Subsec. (b). Pub. L. 115254, § 1109(b)(1), substituted “any loss of life” for “a major loss of life”. Subsec. (c)(1). Pub. L. 115254, § 1109(b)(2)(A), substituted “any loss of life” for “a significant loss of life”. Subsec. (c)(2). Pub. L. 115254, § 1109(b)(2)(B), substituted “any loss of life” for “a significant loss of life” in introductory provisions. Subsec. (c)(9). Pub. L. 115254, § 1109(b)(2)(C), amended par. (9) generally. Prior to amendment, text read as follows: “An assurance that the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers.” Subsec. (c)(16). Pub. L. 115254, § 1109(b)(2)(D), substituted “any loss of life” for “major loss of life” and “will consult” for “the foreign air carrier will consult”. Pub. L. 115254, § 539(d), substituted “An assurance that” for “An assurance that the foreign air carrier”. Subsec. (c)(17)(A). Pub. L. 115254, § 1109(b)(2)(E), substituted “any damage” for “significant damage”. 2003—Subsec. (c)(17), (18). Pub. L. 108176 added pars. (17) and (18). 2000—Subsec. (a)(2). Pub. L. 106181, § 403(a), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “The term passenger includes an employee of a foreign air carrier or air carrier aboard an aircraft.” Subsec. (b). Pub. L. 106181, § 403(b), substituted “major” for “significant”. Subsec. (c)(15), (16). Pub. L. 106181, § 403(c)(1), added pars. (15) and (16).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 AmendmentAmendment by Pub. L. 108176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108176, set out as a note under section 106 of this title.
Effective Date of 2000 AmendmentAmendment by section 403(a) and (b) of Pub. L. 106181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as a note under section 106 of this title. Pub. L. 106181, title IV, § 403(c)(2), Apr. 5, 2000, 114 Stat. 131, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on the 180th day following the date of the enactment of this Act [Apr. 5, 2000]. On or before such 180th day, each foreign air carrier providing foreign air transportation under chapter 413 of title 49, United States Code, shall submit to the Secretary [of Transportation] and the Chairman of the National Transportation Safety Board an updated plan under section 41313 of such title that meets the requirements of the amendment made by paragraph (1).”
Effective DatePub. L. 105148, § 1(c), Dec. 16, 1997, 111 Stat. 2683, provided that: “The amendments made by this section [enacting this section] shall take effect on the 180th day following the date of the enactment of this Act [Dec. 16, 1997].”