49 U.S.C. § 41312 — Ending or suspending foreign air trans-

Page 1138 TITLE 49—TRANSPORTATION § 41312 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 me- chanical device (including gambling applica- tions on electronic interactive video systems in- stalled 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. 103–305, title II, § 205(a)(1), Aug. 23, 1994, 108 Stat. 1583.) Statutory Notes and Related Subsidiaries STUDY OF GAMBLING ON COMMERCIAL AIRCRAFT Pub. L. 103–305, 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 avia- tion safety effects of gambling applications on elec- tronic interactive video systems installed on board air- craft for passenger use and the competitive implica- tions of permitting foreign air carriers only, but not United States air carriers, to install, transport, and op- erate gambling applications on electronic interactive video systems on board aircraft on flights over inter- national waters, and provided that the Secretary, with- in 5 days after the completion of the study, would sub- mit a report to Congress on the results of the study. § 41312. Ending or suspending foreign air trans- portation (a) GENERAL.—An air carrier holding a certifi- cate 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 in- tention to end or suspend the transportation to the Secretary of Transportation, any com- munity affected by that decision, and the State authority of the State in which a com- munity is located; and (2) if it is the only air carrier holding a cer- tificate to provide non-stop or single-plane foreign air transportation between 2 places, may end or suspend the transportation be- tween 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 for- eign air transportation under subsection (a) of this section when the Secretary finds the sus- pension is in the public interest. (Added Pub. L. 103–429, § 6(51)(A), Oct. 31, 1994, 108 Stat. 4384; amended Pub. L. 104–287, § 5(72), Oct. 11, 1996, 110 Stat. 3396.) HISTORICAL AND REVISION NOTES PUB. L. 103–429 Revised Section Source (U.S. Code) Source (Statutes at Large) 41312(a) ...... 49 App.:1371(j)(1) (1st sentence), (2). Aug. 23, 1958, Pub. L. 85–726, § 401(j), 72 Stat. 756, as re- stated Oct. 24, 1978, Pub. L. 95–504, § 19(a), 92 Stat. 1720. HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 103–429 Revised Section Source (U.S. Code) Source (Statutes at Large) 49 App.:1551(a)(1)(D). Aug. 23, 1958, Pub. L. 85–726, § 1601(a)(1)(D), as added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1744. 49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, § 1601(b)(1)(E), as added Oct. 4, 1984, Pub. L. 98–443, § 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 conven- ience and necessity is no longer required. See H.R. Rept. 98–793, 98th Cong., 2d Sess., p. 10 (1984). The text of 49 App.:1371(j) (related to essential air transpor- tation) is omitted as superseded by 49 App.:1389, re- stated as subchapter II of chapter 417 of title 49. In subsection (a)(1) and (2), the word ‘‘place’’ is sub- stituted 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 sub- stituted 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 other- wise’’ are omitted as surplus. The words ‘‘when the Sec- retary finds the suspension is in’’ are substituted for ‘‘as may be’’ for clarity and consistency. PUB. L. 104–287 This amends 49:41312(a)(1) to conform to the style of title 49. Editorial Notes AMENDMENTS 1996—Subsec. (a)(1). Pub. L. 104–287 substituted ‘‘Sec- retary of Transportation’’ for ‘‘Secretary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as an Effective Date of 1994 Amendment note under section 321 of this title. § 41313. Plans to address needs of families of pas- sengers involved in foreign air carrier acci- dents (a) DEFINITIONS.—In this section, the following definitions apply: (1) AIRCRAFT ACCIDENT.—The term ‘‘aircraft accident’’ means any aviation disaster, regard- less of its cause or suspected cause, that oc- curs 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 car- rier providing foreign air transportation under this chapter shall transmit to the Secretary of Transportation and the Chairman of the Na- tional Transportation Safety Board a plan for