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49 U.S.C. § 40109 — Authority to exempt
Federal law — U.S. Code and appendices · legal_authorities
**(a) Air Carriers and Foreign Air Carriers Not Engaged Directly in Operating Aircraft.—**
(1) The Secretary of Transportation may exempt from subpart II of this part—
(A) an air carrier not engaged directly in operating aircraft in air transportation; or
(B) a foreign air carrier not engaged directly in operating aircraft in foreign air transportation.
(2) The exemption is effective to the extent and for periods that the Secretary decides are in the public interest.
**(b) Safety Regulation.—** The Administrator of the Federal Aviation Administration may grant an exemption from a regulation prescribed in carrying out paragraphs (1) and (2) of section 40103(b) when the Administrator decides the exemption is in the public interest.
**(c) Other Economic Regulation.—** Except as provided in this section, the Secretary may exempt to the extent the Secretary considers necessary a person or class of persons from a provision of chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II of chapter 421, and sections 44909(a), 44909(b), and 46301(b) of this title, or a regulation or term prescribed under any of those provisions, when the Secretary decides that the exemption is consistent with the public interest.
**(d) Labor Requirements.—** The Secretary may not exempt an air carrier from [section 42112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section42112&num=0&edition=prelim). However, the Secretary may exempt from section 42112(b)(1) and (2) an air carrier not providing scheduled air transportation, and the operations conducted during daylight hours by an air ca
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Source file: Laws/federal/codes/united-states-code/title-49/section-40109-authority-to-exempt--f94c0c8847.md
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Source location: Title 49, Chapter 401, § 40109; chapter-401-general-provisions.md
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**(a) Air Carriers and Foreign Air Carriers Not Engaged Directly in Operating Aircraft.—**
(1) The Secretary of Transportation may exempt from subpart II of this part—
(A) an air carrier not engaged directly in operating aircraft in air transportation; or
(B) a foreign air carrier not engaged directly in operating aircraft in foreign air transportation.
(2) The exemption is effective to the extent and for periods that the Secretary decides are in the public interest.
**(b) Safety Regulation.—** The Administrator of the Federal Aviation Administration may grant an exemption from a regulation prescribed in carrying out paragraphs (1) and (2) of section 40103(b) when the Administrator decides the exemption is in the public interest.
**(c) Other Economic Regulation.—** Except as provided in this section, the Secretary may exempt to the extent the Secretary considers necessary a person or class of persons from a provision of chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II of chapter 421, and sections 44909(a), 44909(b), and 46301(b) of this title, or a regulation or term prescribed under any of those provisions, when the Secretary decides that the exemption is consistent with the public interest.
**(d) Labor Requirements.—** The Secretary may not exempt an air carrier from [section 42112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section42112&num=0&edition=prelim). However, the Secretary may exempt from section 42112(b)(1) and (2) an air carrier not providing scheduled air transportation, and the operations conducted during daylight hours by an air carrier providing scheduled air transportation, when the Secretary decides that—
(1) because of the limited extent of, or unusual circumstances affecting, the operation of the air carrier, the enforcement of section 42112(b)(1) and (2) of this title is or would be an unreasonable burden on the air carrier that would obstruct its development and prevent it from beginning or continuing operations; and
(2) the exemption would not affect adversely the public interest.
**(e) Maximum Flying Hours.—** The Secretary may not exempt an air carrier under this section from a provision referred to in subsection (c) of this section, or a regulation or term prescribed under any of those provisions, that sets maximum flying hours for pilots or copilots.
**(f) Smaller Aircraft.—**
(1) An air carrier is exempt from [section 41101(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41101/a/1&num=0&edition=prelim), and the Secretary may exempt an air carrier from another provision of subpart II of this part, if the air carrier—
(A)
(i) provides passenger transportation only with aircraft having a maximum capacity of 55 passengers; or
(ii) provides the transportation of cargo only with aircraft having a maximum payload of less than 18,000 pounds; and
(B) complies with liability insurance requirements and other regulations the Secretary prescribes.
(2) The Secretary may increase the passenger or payload capacities when the public interest requires.
(3)
(A) An exemption under this subsection applies to an air carrier providing air transportation between 2 places in Alaska, or between Alaska and Canada, only if the carrier is authorized by Alaska to provide the transportation.
(B) The Secretary may limit the number or location of places that may be served by an air carrier providing transportation only in Alaska under an exemption from [section 41101(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41101/a/1&num=0&edition=prelim), or the frequency with which the transportation may be provided, only when the Secretary decides that providing the transportation substantially impairs the ability of an air carrier holding a certificate issued by the Secretary to provide its authorized transportation, including the minimum transportation requirement for Alaska specified under [section 41732(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41732/b/1/B&num=0&edition=prelim).
**(g) Emergency Air Transportation by Foreign Air Carriers.—**
(1) To the extent that the Secretary decides an exemption is in the public interest, the Secretary may exempt by order a foreign air carrier from the requirements and limitations of this part for not more than 30 days to allow the foreign air carrier to carry passengers or cargo in interstate air transportation in certain markets if the Secretary finds that—
(A) because of an emergency created by unusual circumstances not arising in the normal course of business, air carriers holding certificates under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) cannot accommodate traffic in those markets;
(B) all possible efforts have been made to accommodate the traffic by using the resources of the air carriers, including the use of—
(i) foreign aircraft, or sections of foreign aircraft, under lease or charter to the air carriers; and
(ii) the air carriers’ reservations systems to the extent practicable;
(C) the exemption is necessary to avoid unreasonable hardship for the traffic in the markets that cannot be accommodated by the air carriers; and
(D) granting the exemption will not result in an unreasonable advantage to any party in a labor dispute where the inability to accommodate traffic in a market is a result of the dispute.
(2) When the Secretary grants an exemption to a foreign air carrier under this subsection, the Secretary shall—
(A) ensure that air transportation that the foreign air carrier provides under the exemption is made available on reasonable terms;
(B) monitor continuously the passenger load factor of air carriers in the market that hold certificates under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim); and
(C) review the exemption at least every 30 days (or, in the case of an exemption that is necessary to provide and sustain air transportation in American Samoa between the islands of Tutuila and Manu’a, at least every 180 days) to ensure that the unusual circumstances that established the need for the exemption still exist.
(3) **Renewal of exemptions.—**
(A) *In general.—* — Except as provided in subparagraph (B), the Secretary may renew an exemption (including renewals) under this subsection for not more than 30 days.
(B) *Exception.—* — The Secretary may renew an exemption (including renewals) under this subsection that is necessary to provide and sustain air transportation in American Samoa between the islands of Tutuila and Manu’a for not more than 180 days.
(4) **Continuation of exemptions.—** — An exemption granted by the Secretary under this subsection may continue for not more than 5 days after the unusual circumstances that established the need for the exemption cease.
**(h) Notice and Opportunity for Hearing.—** The Secretary may act under subsections (d) and (f)(3)(B) of this section only after giving the air carrier notice and an opportunity for a hearing.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Definitions.—** In this part—
(1) “aeronautics” means the science and art of flight.
(2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.
(3) “air commerce” means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce.
(4) “air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including—
(A) a landing area;
(B) runway lighting and airport surface visual and other navigation aids;
(C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft;
(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;
(E) any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and
(F) buildings, equipment, and systems dedicated to the national airspace system.
(5) “air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.
(6) “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air.
(7) “aircraft engine” means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller.
(8) “airman” means an individual—
(A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way;
(B) exce
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40102
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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) Definitions.—** In this section—
(1) “copilot” means an employee whose duties include assisting or relieving the pilot in manipulating an aircraft and who is qualified to serve as, and has in effect an airman certificate authorizing the 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 working 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, National Labor Board, notwithstanding any limitation in that decision on the period of its effectiveness;
(2) maintain rates of compensation for its pilots and copilots who are providing foreign air transportation or air transportation only in one territory or possession of the United States; and
(3) comply with title II of the Railway Labor Act ([45 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section181&num=0&edition=prelim) et seq.) as long as it holds its certificate.
**(c) Minimum Annual Rate of Compensation.—** A minimum annual rate under subsection (b)(2) of this section may not be less than the annual rate required to be paid for comparable service to a pilot or copilot under subsection (b)(1) of this section.
**(d) Collective Bargaining.—** This section does not prevent pilots or copilots of an air carrier from o
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 42112
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy.—** It is in the national interest—
(1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas and better connect housing and employment, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d).
**(b) Definitions.—** In this section and section 5304, the following definitions apply:
(1) **Metropolitan planning area.—** — The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e).
(2) **Metropolitan planning organization.—** — The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d).
(3) **Nonmetropolitan area.—** — The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas.
(4) **Nonmetropolitan local official.—** — The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation.
(5) **Regional transportation planning orga
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5303
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Federal law — U.S. Code and appendices · legal_authorities
Page 1067
TITLE 49—TRANSPORTATION
§ 40109
tion Administration to the Department of Defense in
the event of war; and
WHEREAS if any such transfer were to be made it
would be essential to the defense of the United States
that the transition be accomplished promptly and with
maximum ease and effectiveness; and
WHEREAS these objectives require that the relation-
ships that would obtain in the event of such a transfer
as between the Federal Aviation Administration and
the Department of Defense be understood in advance by
the two agencies concerned and be developed in nec-
essary detail by them in advance of transfer:
NOW, THEREFORE, by virtue of the authority vested
in me by Section 302(e) (72 Stat. 746; 49 U.S.C. 1343(c))
[see 49 U.S.C. 40107(b)], and as President of the United
States and Commander in Chief of the Armed Forces of
the United States, it is hereby ordered as follows:
SECTION 1. The Secretary of Defense and the Sec-
retary of Transportation are hereby directed to prepare
and develop plans, procedures, policies, programs, and
courses of action in anticipation of the probable trans-
fer of the Federal Aviation Administration to the De-
partment of Defense in the event of war. Those plans,
policies, procedures, programs, and courses of action
shall be prepared and developed in conformity with the
following-described standards and conditions—
(A) The Federal Aviation Administration will func-
tion as an adjunct of the Department of Defense with
the Federal Aviation Administrator being responsible
directly to the Secretary of Defense and subject to his
authority, direction, and control to the extent deemed
by the Secretary to be necessary for the discharge of
his responsibilities as Secretary of Defense.
(B) To the extent deemed by the Secr
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 40109
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