Browse Arkansas Code titles and sections

49 U.S.C. § 40101 — Policy

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40101 — Policy

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 3f38d63f0b95bc04c31be137f5c3771e6e975ec44c45869a87043c3b73d78638. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_7a19d1b9fb94cb16c5dc1f9d
Source file: Laws/federal/codes/united-states-code/title-49/section-40101-policy--95727a4936.md
Pages: Not recorded – Not recorded
Passage SHA-256: 8f5d53069c4c8de8b25694911e4be6ffd78c5b924408f06870bec5dfd7cf51f1

Source location: Title 49, Chapter 401, § 40101; chapter-401-general-provisions.md

Stored source content

**(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 commerce of the United States; (B) the United States Postal Service; and (C) the national defense. (8) encouraging air transportation at major urban areas through secondary or satellite airports if consistent with regional airport plans of regional and local authorities, and if endorsed by appropriate State authorities— (A) encouraging the transportation by air carriers that provide, in a specific market, transportation exclusively at those airports; and (B) fostering an environment that allows those carriers to establish themselves and develop secondary or satellite airport services. (9) preventing unfair, deceptive, predatory, or anticompetitive practices in air transportation. (10) avoiding unreasonable industry concentration, excessive market domination, monopoly powers, and other conditions that would tend to allow at least one air carrier or foreign air carrier unreasonably to increase prices, reduce services, or exclude competition in air transportation. (11) maintaining a complete and convenient system of continuous scheduled interstate air transportation for small communities and isolated areas with direct financial assistance from the United States Government when appropriate. (12) encouraging, developing, and maintaining an air transportation system relying on actual and potential competition— (A) to provide efficiency, innovation, and low prices; and (B) to decide on the variety and quality of, and determine prices for, air transportation services. (13) encouraging entry into air transportation markets by new and existing air carriers and the continued strengthening of small air carriers to ensure a more effective and competitive airline industry. (14) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry. (15) strengthening the competitive position of air carriers to at least ensure equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation. (16) ensuring that consumers in all regions of the United States, including those in small communities and rural and remote areas, have access to affordable, regularly scheduled air service. **(b) All-Cargo Air Transportation Considerations.—** 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 and in addition to the matters referred to in subsection (a) of this section, as being in the public interest for all-cargo air transportation: (1) encouraging and developing an expedited all-cargo air transportation system provided by private enterprise and responsive to— (A) the present and future needs of shippers; (B) the commerce of the United States; and (C) the national defense. (2) encouraging and developing an integrated transportation system relying on competitive market forces to decide the extent, variety, quality, and price of services provided. (3) providing services without unreasonable discrimination, unfair or deceptive practices, or predatory pricing. **(c) General Safety Considerations.—** In carrying out subpart III of this part and those provisions of subpart IV applicable in carrying out subpart III, the Administrator of the Federal Aviation Administration shall consider the following matters: (1) the requirements of national defense and commercial and general aviation. (2) the public right of freedom of transit through the navigable airspace. **(d) Safety Considerations in Public Interest.—** In carrying out subpart III of this part and those provisions of subpart IV applicable in carrying out subpart III, the Administrator shall consider the following matters, among others, as being in the public interest: (1) assigning, maintaining, and enhancing safety and security as the highest priorities in air commerce. (2) regulating air commerce in a way that best promotes safety and fulfills national defense requirements. (3) encouraging and developing civil aeronautics, including new aviation technology. (4) controlling the use of the navigable airspace and regulating civil and military operations in that airspace in the interest of the safety and efficiency of both of those operations. (5) consolidating research and development for air navigation facilities and the installation and operation of those facilities. (6) developing and operating a common system of air traffic control and navigation for military and civil aircraft. (7) providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances, to the extent consistent with aviation safety. **(e) International Air Transportation.—** In formulating United States international air transportation policy, the Secretaries of State and Transportation shall develop a negotiating policy emphasizing the greatest degree of competition compatible with a well-functioning international air transportation system, including the following: (1) strengthening the competitive position of air carriers to ensure at least equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation. (2) freedom of air carriers and foreign air carriers to offer prices that correspond to consumer demand. (3) the fewest possible restrictions on charter air transportation. (4) the maximum degree of multiple and permissive international authority for air carriers so that they will be able to respond quickly to a shift in market demand. (5) eliminating operational and marketing restrictions to the greatest extent possible. (6) integrating domestic and international air transportation. (7) increasing the number of nonstop United States gateway cities. (8) opportunities for carriers of foreign countries to increase their access to places in the United States if exchanged for benefits of similar magnitude for air carriers or the traveling public with permanent linkage between rights granted and rights given away. (9) eliminating discrimination and unfair competitive practices faced by United States airlines in foreign air transportation, including— (A) excessive landing and user fees; (B) unreasonable ground handling requirements; (C) unreasonable restrictions on operations; (D) prohibitions against change of gauge; and (E) similar restrictive practices. (10) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry. **(f) Strengthening Competition.—** In selecting an air carrier to provide foreign air transportation from among competing applicants, the Secretary of Transportation shall consider, in addition to the matters specified in subsections (a) and (b) of this section, the strengthening of competition among air carriers operating in the United States to prevent unreasonable concentration in the air carrier industry.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 48102 — Research and development

**(a) Authorization of Appropriations.—** Not more than the following amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 ([26 U.S.C. 9502](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9502&num=0&edition=prelim)) for conducting civil aviation research and development under sections 44504, 44505, 44507, 44509, and 44511–44513 of this title: (1) for fiscal year 2004, $346,317,000, including— (A) $65,000,000 for Improving Aviation Safety; (B) $24,000,000 for Weather Safety Research; (C) $27,500,000 for Human Factors and Aeromedical Research; (D) $30,000,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,000,000 for Research Mission Support; (F) $10,000,000 for the Airport Cooperative Research Program; (G) $1,500,000 for carrying out subsection (h) of this section; (H) $42,800,000 for Advanced Technology Development and Prototyping; (I) $30,300,000 for Safe Flight 21; (J) $90,800,000 for the Center for Advanced Aviation System Development; (K) $9,667,000 for Airports Technology-Safety; and (L) $7,750,000 for Airports Technology-Efficiency; (2) for fiscal year 2005, $356,192,000, including— (A) $65,705,000 for Improving Aviation Safety; (B) $24,260,000 for Weather Safety Research; (C) $27,800,000 for Human Factors and Aeromedical Research; (D) $30,109,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,07

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 48102

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40102 — Definitions

**(a) General Definitions.—** In this part— (1) “aeronautics” means the science and art of flight. (2) “air carrier” means a citizen of the United States 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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41113 — Plans to address needs of families of passengers involved in aircraft accidents

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41113

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20102 — Crime victim compensation

**(a) Authority of Director; grants** (1) Except as provided in paragraph (2), the Director shall make an annual grant from the Fund to an eligible crime victim compensation program of 75 percent of the amounts awarded during the preceding fiscal year, other than amounts awarded for property damage. Except as provided in paragraph (4), a grant under this section shall be used by such program only for awards of compensation. (2) If the sums available in the Fund for grants under this section are insufficient to provide grants as provided in paragraph (1), the Director shall make, from the sums available, a grant to each eligible crime victim compensation program so that all such programs receive the same percentage of the amounts awarded by such program during the preceding fiscal year, other than amounts awarded for property damage. (3) For the purposes of calculating amounts awarded in the previous fiscal year under this subsection, the Director shall not require eligible crime victim compensation programs to deduct recovery costs or collections from restitution or from subrogation for payment under a civil lawsuit. (4) Not more than 5 percent of a grant made under this section may be used for training purposes and the administration of the State crime victim compensation program receiving the grant. **(b) Eligible crime victim compensation programs** A crime victim compensation program is an eligible crime victim compensation program for the purposes of this section if— (1) such program is operated by a State and offers compensation to victims and survivors of victims of criminal violence, including drunk driving and domestic violence for— (A) medical expenses attributable to a physical injury resulting from compensable crime, including expenses for mental he

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 20102

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim). **(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44101

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44946 — Aviation Security Advisory Committee

**(a) Establishment.—** The Administrator shall establish within the Transportation Security Administration an aviation security advisory committee. **(b) Duties.—** (1) **In general.—** — The Administrator shall consult the Advisory Committee, as appropriate, on aviation security matters, including on the development, refinement, and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security, while adhering to sensitive security guidelines. (2) **Recommendations.—** (A) *In general.—* — The Advisory Committee shall develop, at the request of the Administrator, recommendations for improvements to aviation security. (B) *Recommendations of subcommittees.—* — Recommendations agreed upon by the subcommittees established under this section shall be approved by the Advisory Committee before transmission to the Administrator. (3) **Periodic reports.—** — The Advisory Committee shall periodically submit to the Administrator— (A) reports on matters identified by the Administrator; and (B) reports on other matters identified by a majority of the members of the Advisory Committee. (4) **Annual report.—** — The Advisory Committee shall submit to the Administrator an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year. Not later than 6 months after the date that the Administrator receives the annual report, the Administrator shall publish a public version describing the Advisory Committee’s activities and such related matters as would be informative to the public consistent with the policy of [section 552(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b&num=0&edi

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44946

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10609 — Transferred

### Statutory Notes #### Codification Section 10609 was editorially reclassified as [section 20144 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20144&num=0&edition=prelim), Crime Control and Law Enforcement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10609

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 114 — Transportation Security Administration

**(a) In General.—** The Transportation Security Administration shall be an administration of the Department of Homeland Security. **(b) Leadership.—** (1) **Head of transportation security administration.—** (A) *Appointment.—* — The head of the Administration shall be the Administrator of the Transportation Security Administration (referred to in this section as the “Administrator”). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. (B) *Qualifications.—* — The Administrator must— (i) be a citizen of the United States; and (ii) have experience in a field directly related to transportation or security. (C) *Term.—* — Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the Administrator shall be 5 years. The term of office of an individual serving as the Administrator on the date of enactment of the TSA Modernization Act shall be 5 years beginning on the date that the Administrator began serving. (2) **Deputy administrator.—** (A) *Appointment.—* — There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be appointed by the President. (B) *Vacancy.—* — The Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator. (C) *Qualifications.—* — The Deputy Administrator must— (i) be a citizen of the United States; and (ii) have experience in a field di

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 114

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40113 — Administrative

**(a) General Authority.—** The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by that Administrator) may take action the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate, considers necessary to carry out this part, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders. **(b) Hazardous Material.—** In carrying out this part, the Secretary has the same authority to regulate the transportation of hazardous material by air that the Secretary has under [section 5103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103&num=0&edition=prelim). However, this subsection does not prohibit or regulate the transportation of a firearm (as defined in [section 232 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section232&num=0&edition=prelim)) or ammunition for a firearm, when transported by an individual for personal use. **(c) Governmental Assistance.—** The Secretary (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may use the assistance of the Administrator of the National Aeronautics and Space Administration and any research or technical department, agency, or instrumentality of the United States Government on matters related to aircraft fuel and oil, and to the desig

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40113

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 47102 — Definitions

In this subchapter— (1) “air carrier” has the meaning given such term in section 40102. (2) “airport”— (A) means— (i) an area of land or water used or intended to be used for the landing and taking off of aircraft; (ii) an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and (iii) airport buildings and facilities located in any of those areas; and (B) includes a heliport. (3) “airport development” means the following activities, if undertaken by the sponsor, owner, or operator of a public-use airport: (A) constructing, repairing, or improving a public-use airport, including— (i) removing, lowering, relocating, marking, and lighting an airport hazard; (ii) preparing a plan or specification, including carrying out a field investigation; and (iii) a secondary runway at a nonhub airport that is equivalent in size and type to the primary runway of such airport. (B) acquiring for, or installing at, a public-use airport— (i) a navigation aid or another aid (including a precision approach system) used by aircraft for landing at or taking off from the airport, including preparing the site as required by the acquisition or installation; (ii) safety or security equipment, including explosive detection devices, universal access systems, and emergency call boxes, the Secretary requires by regulation for, or approves as contributing significantly to, the safety or security of individuals and property at the airport and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices; (iii) equipment to remove snow, to measure runway surface friction, or for aviation-related weather reporting, including cl

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47102

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.