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49 U.S.C. § 41113 — Plans to address needs of families of passengers involved in aircraft accidents
Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission of Plans.—** Each air carrier holding a certificate of public convenience and necessity under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) shall submit to the Secretary and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any aircraft accident involving an aircraft of the air carrier and resulting in any loss of life.
**(b) Contents of Plans.—** A plan to be submitted by an air carrier under subsection (a) shall include, at a minimum, the following:
(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers.
(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under [section 1136(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1136/a/2&num=0&edition=prelim) or the services of other suitably trained individuals.
(3) An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the air carrier has verified that the passenger was aboard the aircraft (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person.
(4) An assurance that the air carrier will provide to the director of family support services designated for the accident under [section 1136(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1136/a/1&num=0&edition=prelim), and to the organization
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Source location: Title 49, Chapter 411, § 41113; chapter-411-air-carrier-certificates.md
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**(a) Submission of Plans.—** Each air carrier holding a certificate of public convenience and necessity under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) shall submit to the Secretary and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any aircraft accident involving an aircraft of the air carrier and resulting in any loss of life.
**(b) Contents of Plans.—** A plan to be submitted by an air carrier under subsection (a) shall include, at a minimum, the following:
(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers.
(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under [section 1136(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1136/a/2&num=0&edition=prelim) or the services of other suitably trained individuals.
(3) An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the air carrier has verified that the passenger was aboard the aircraft (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person.
(4) An assurance that the air carrier will provide to the director of family support services designated for the accident under [section 1136(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1136/a/1&num=0&edition=prelim), and to the organization designated for the accident under [section 1136(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1136/a/2&num=0&edition=prelim), immediately upon request, a list (which is 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), and will periodically update the list.
(5) An assurance that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the air carrier.
(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the air carrier (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation.
(7) An assurance that any unclaimed possession of a passenger within the control of the air carrier will be retained by the air carrier for at least 18 months.
(8) An assurance that the family of each passenger will be consulted about construction by the air carrier of any monument to the passengers, including any inscription on the monument.
(9) An assurance that the treatment of the families of nonrevenue passengers (and any other victim of the accident, including any victim on the ground) will be the same as the treatment of the families of revenue passengers.
(10) An assurance that the air carrier will work with any organization designated under [section 1136(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1136/a/2&num=0&edition=prelim) on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident.
(11) An assurance that the air carrier will provide reasonable compensation to any organization designated under [section 1136(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1136/a/2&num=0&edition=prelim) for services provided by the organization.
(12) An assurance that the air carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location.
(13) An assurance that the air carrier will commit sufficient resources to carry out the plan.
(14) An assurance that, upon request of the family of a passenger, the air carrier will inform the family of whether the passenger’s name appeared on a preliminary passenger manifest for the flight involved in the accident.
(15) An assurance that the air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.
(16) An assurance that the air carrier, in the event that the air carrier volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving any loss of life, will consult with the Board and the Department of State on the provision of the assistance.
(17)
(A) An assurance that, in the case of an accident that results in any damage to a manmade structure or other property on the ground that is not government-owned, the air carrier will promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other property about liability for any property damage and means for obtaining compensation.
(B) At a minimum, the written notice shall advise an owner (i) to contact the insurer of the property as the authoritative source for information about coverage and compensation; (ii) to not rely on unofficial information offered by air carrier representatives about compensation by the air carrier for 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) An assurance that, in the case of an accident in which the National Transportation Safety Board conducts a public hearing or comparable proceeding at a location greater than 80 miles from the accident site, the air carrier will ensure that the proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and destination city of the air carrier’s flight if that city is located in the United States.
**(c) Certificate Requirement.—** The Secretary may not approve an application for a certificate of public convenience and necessity under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) unless the applicant has included as part of such application a plan that meets the requirements of subsection (b).
**(d) Limitation on Liability.—** An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the air carrier in preparing or providing a passenger list, or in providing information concerning a preliminary passenger manifest, pursuant to a plan submitted by the air carrier under subsection (b), unless such liability was caused by conduct of the air carrier which was grossly negligent or which constituted intentional misconduct.
**(e) Aircraft Accident and Passenger Defined.—** In this section, the terms “aircraft accident” and “passenger” have the meanings such terms have in [section 1136 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1136&num=0&edition=prelim).
**(f) Statutory Construction.—** Nothing in this section may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance.—** The Secretary of Transportation may issue a certificate of public convenience and necessity to a citizen of the United States authorizing the citizen to provide any part of the following air transportation the citizen has applied for under [section 41108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41108&num=0&edition=prelim):
(1) air transportation as an air carrier.
(2) temporary air transportation as an air carrier for a limited period.
(3) charter air transportation as a charter air carrier.
**(b) Findings Required for Issuance.—**
(1) Before issuing a certificate under subsection (a) of this section, the Secretary must find that the citizen is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this part and regulations of the Secretary.
(2) In addition to the findings under paragraph (1) of this subsection, the Secretary, before issuing a certificate under subsection (a) of this section for foreign air transportation, must find that the transportation is consistent with the public convenience and necessity.
**(c) Temporary Certificates.—** The Secretary may issue a certificate under subsection (a) of this section for interstate air transportation (except the transportation of passengers) or foreign air transportation for a temporary period of time (whether the application is for permanent or temporary authority) when the Secretary decides that a test period is desirable—
(1) to decide if the projected services, efficiencies, methods, and prices and the projected results will materialize and remain for a sustained period of time; or
(2) to evaluate the new transportation.
**(d) Foreign Air Transportation.—** The Secretary shall submit e
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil Penalty.—**
(1) A person violating section 1132, section 1134(b), section 1134(f)(1), section 1136(g), or [section 1139(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1139/g&num=0&edition=prelim) or a regulation prescribed or order issued under any of those sections is liable to the United States Government for a civil penalty of not more than $1,000. A separate violation occurs for each day a violation continues.
(2) This subsection does not apply to a member of the armed forces of the United States or an employee of the Department of Defense subject to the Uniform Code of Military Justice when the member or employee is performing official duties. The appropriate military authorities are responsible for taking necessary disciplinary action and submitting to the National Transportation Safety Board a timely report on action taken.
(3) The Board may compromise the amount of a civil penalty imposed under this subsection.
(4) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(5) A civil penalty under this subsection may be collected by bringing a civil action against the person liable for the penalty. The action shall conform as nearly as practicable to a civil action in admiralty.
**(b) Criminal Penalty.—** A person that knowingly and without authority removes, conceals, or withholds a part of a civil aircraft involved in an accident, or property on the aircraft at the time of the accident, shall be fined under title 18, imprisoned for not more than 10 years, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1155
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Federal law — U.S. Code and appendices · legal_authorities
**(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) **N
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation.
**(b) Administration Leadership.—**
(1) **Administrator.—**
(A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years.
(E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2) **Deputy administrator.—**
(A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B) *Qualifications.—* — The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** As soon as practicable after being notified of an aircraft accident within United States airspace or airspace delegated to the United States involving an air carrier or foreign air carrier, resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency, the Chairman of the Board shall—
(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the air carrier or foreign air carrier and the families; and
(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care, psychological care, and family support services of passengers involved in the accident and the families of such passengers.
**(b) Responsibilities of the Board.—** The Board shall have primary Federal responsibility for facilitating the recovery and identification of fatally-injured passengers involved in an accident described in subsection (a).
**(c) Responsibilities of Designated Organization.—** The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to passengers involved in the accident and the families of such passengers:
(1) To provide emotional care, psychological care, and family support services, in coordination with the disaster response team of the air carrier or foreign air carrier involved.
(2) To take such actions as may be necessary to provide an environment in w
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1136
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity:
(1) assigning and maintaining safety as the highest priority in air commerce.
(2) before authorizing new air transportation services, evaluating the safety implications of those services.
(3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public.
(4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices.
(5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions.
(6) placing maximum reliance on competitive market forces and on actual and potential competition—
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation.
(7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of—
(A) the
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101
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Federal law — U.S. Code and appendices · legal_authorities
Page 1128
TITLE 49—TRANSPORTATION
§ 41113
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41112 ..........
49 App.:1371(q).
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 401(q); added
Oct.
24,
1978,
Pub.
L.
95–504, § 20(d)(1), 92 Stat.
1722.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
In subsection (a), the words ‘‘citizen of the United
States’’ and ‘‘citizen’’ are substituted for ‘‘applicant for
such certificate or the air carrier’’ for clarity and con-
sistency because only a citizen of the United States
may be an ‘‘air carrier’’ as defined in section 40102(a) of
the revised title and receive a certificate. The words
‘‘as the case may be’’ are omitted as surplus. The words
‘‘to provide air transportation as an air carrier under
section 41102 of this title’’ are added for clarity. The
words ‘‘approved by the Secretary’’ are substituted for
‘‘governing the filing and approval . . . in the amount
prescribed by the Board’’ to eliminate unnecessary
words. The words ‘‘The policy or plan must be suffi-
cient to pay’’ are substituted for ‘‘which are condi-
tioned to pay . . . amounts’’ for clarity. The words ‘‘for
which such applicant or such air carrier may become
liable for’’ are omitted as surplus.
In subsection (b), the word ‘‘passengers’’ is sub-
stituted for ‘‘travelers’’ for consistency in this chapter.
The words ‘‘issued . . . under section 41102 of this title’’
are added for clarity. The word ‘‘arrangement’’ is omit-
ted as surplus. The word ‘‘provide’’ is substituted for
‘‘perform’’ for consistency in the revised title.
§ 41113. Plans to address needs of families of pas-
sengers involved
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41113
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.