49 U.S.C. § 41113 — Plans to address needs of families of pas-

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 in aircraft accidents (a) SUBMISSION OF PLANS.—Each air carrier holding a certificate of public convenience and necessity under section 41102 of this title 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 in- volving an aircraft of the air carrier and result- ing in any loss of life. (b) CONTENTS OF PLANS.—A plan to be sub- mitted 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 pas- sengers. (2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by uti- lizing the services of the organization des- ignated for the accident under section 1136(a)(2) of this title 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 air- craft (whether or not the names of all of the passengers have been verified) and, to the ex- tent practicable, in person. (4) An assurance that the air carrier will provide to the director of family support serv- ices designated for the accident under section 1136(a)(1) of this title, and to the organization designated for the accident under section 1136(a)(2) of this title, immediately upon re- quest, a list (which is based on the best avail- able information at the time of the request) of the names of the passengers aboard the air- craft (whether or not such names have been verified), and will periodically update the list. (5) An assurance that the family of each pas- senger will be consulted about the disposition of all remains and personal effects of the pas- senger 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 in- vestigation. (7) An assurance that any unclaimed posses- sion 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 pas- senger will be consulted about construction by the air carrier of any monument to the pas- sengers, 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 pas- sengers. (10) An assurance that the air carrier will work with any organization designated under section 1136(a)(2) of this title on an ongoing basis to ensure that families of passengers re- ceive an appropriate level of services and as- sistance following each accident. (11) An assurance that the air carrier will provide reasonable compensation to any orga- nization designated under section 1136(a)(2) of this title for services provided by the organi- zation. (12) An assurance that the air carrier will as- sist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the fam- ily 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 in- form the family of whether the passenger’s name appeared on a preliminary passenger manifest for the flight involved in the acci- dent. (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 ac- cident. (16) An assurance that the air carrier, in the event that the air carrier volunteers assist- ance to United States citizens within the United States with respect to an aircraft acci- dent 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 man- made structure or other property on the Page 1129 TITLE 49—TRANSPORTATION § 41113 ground that is not government-owned, the air carrier will promptly provide notice, in writ- ing, 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 compensa- tion; (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 pho- tographic or other detailed evidence of prop- erty damage as soon as possible after the acci- dent, consistent with restrictions on access to the accident site. (18) An assurance that, in the case of an ac- cident 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 or- igin city and destination city of the air car- rier’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 sec- tion 41102 of this title 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 pre- paring or providing a passenger list, or in pro- viding information concerning a preliminary passenger manifest, pursuant to a plan sub- mitted 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 DE- FINED.—In this section, the terms ‘‘aircraft acci- dent’’ and ‘‘passenger’’ have the meanings such terms have in section 1136 of this title. (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 as- sistance to the families of passengers involved in an aircraft accident. (Added Pub. L. 104–264, title VII, § 703(a), Oct. 9, 1996, 110 Stat. 3267; amended Pub. L. 106–181, title IV, § 402(a)(1)–(3), (5)–(c), Apr. 5, 2000, 114 Stat. 129, 130; Pub. L. 108–176, title VIII, § 809(a), Dec. 12, 2003, 117 Stat. 2588; Pub. L. 115–254, div. C, § 1109(a), Oct. 5, 2018, 132 Stat. 3434.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–254, § 1109(a)(1), sub- stituted ‘‘any loss of life’’ for ‘‘a major loss of life’’. Subsec. (b)(9). Pub. L. 115–254, § 1109(a)(2)(A), sub- stituted ‘‘(and any other victim of the accident, includ- ing any victim on the ground)’’ for ‘‘(and any other vic- tim of the accident)’’. Subsec. (b)(16). Pub. L. 115–254, § 1109(a)(2)(B), sub- stituted ‘‘any loss of life’’ for ‘‘major loss of life’’. Subsec. (b)(17)(A). Pub. L. 115–254, § 1109(a)(2)(C), sub- stituted ‘‘any damage’’ for ‘‘significant damage’’. 2003—Subsec. (b)(16). Pub. L. 108–176, § 809(a)(1), struck out ‘‘the air carrier’’ after ‘‘major loss of life,’’. Subsec. (b)(17), (18). Pub. L. 108–176, § 809(a)(2), added pars. (17) and (18). 2000—Subsec. (a). Pub. L. 106–181, § 402(a)(5)(A), sub- stituted ‘‘Each air carrier’’ for ‘‘Not later than 6 months after the date of the enactment of this section, each air carrier’’. Subsec. (b)(14) to (16). Pub. L. 106–181, § 402(a)(1)–(3), added pars. (14) to (16). Subsec. (c). Pub. L. 106–181, § 402(a)(5)(B), substituted ‘‘The Secretary’’ for ‘‘After the date that is 6 months after the date of the enactment of this section, the Sec- retary’’. Subsec. (d). Pub. L. 106–181, § 402(b), inserted ‘‘, or in providing information concerning a preliminary pas- senger manifest,’’ before ‘‘pursuant to a plan’’. Subsec. (f). Pub. L. 106–181, § 402(c), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by section 402(a)(5)(B) to (c) of Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. Pub. L. 106–181, title IV, § 402(a)(4), Apr. 5, 2000, 114 Stat. 130, provided that: ‘‘The amendments made by paragraphs (1), (2), and (3) [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 air carrier holding a certificate of pub- lic convenience and necessity under section 41102 of title 49, United States Code, shall submit to the Sec- retary [of Transportation] and the Chairman of the Na- tional Transportation Safety Board an updated plan under section 41113 of such title that meets the require- ments of the amendments made by paragraphs (1), (2), and (3).’’ EFFECTIVE DATE Except as otherwise specifically provided, section ap- plicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title. UPDATE PLANS Pub. L. 108–176, title VIII, § 809(c), Dec. 12, 2003, 117 Stat. 2589, provided that: ‘‘Air carriers and foreign air carriers shall update their plans under sections 41113 and 41313 of title 49, United States Code, respectively, to reflect the amendments made by subsections (a) and (b) of this section [amending this section and section 41313 of this title] not later than 90 days after the date of enactment of this Act [Dec. 12, 2003].’’ ESTABLISHMENT OF TASK FORCE Pub. L. 104–264, title VII, § 704, Oct. 9, 1996, 110 Stat. 3268, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor- tation, in cooperation with the National Transpor- tation Safety Board, the Federal Emergency Manage- ment Agency, the American Red Cross, air carriers, and families which have been involved in aircraft accidents shall establish a task force consisting of representa- tives of such entities and families, representatives of Page 1130 TITLE 49—TRANSPORTATION § 41301 air carrier employees, and representatives of such other entities as the Secretary considers appropriate. ‘‘(b) GUIDELINES AND RECOMMENDATIONS.—The task force established pursuant to subsection (a) shall de- velop— ‘‘(1) guidelines to assist air carriers in responding to aircraft accidents; ‘‘(2) recommendations on methods to ensure that attorneys and representatives of media organizations do not intrude on the privacy of families of pas- sengers involved in an aircraft accident; ‘‘(3) recommendations on methods to ensure that the families of passengers involved in an aircraft ac- cident who are not citizens of the United States re- ceive appropriate assistance; ‘‘(4) recommendations on methods to ensure that State mental health licensing laws do not act to pre- vent out-of-state mental health workers from work- ing at the site of an aircraft accident or other related sites; ‘‘(5) recommendations on the extent to which mili- tary experts and facilities can be used to aid in the identification of the remains of passengers involved in an aircraft accident; and ‘‘(6) recommendations on methods to improve the timeliness of the notification provided by air carriers to the families of passengers involved in an aircraft accident, including— ‘‘(A) an analysis of the steps that air carriers would have to take to ensure that an accurate list of passengers on board the aircraft would be avail- able within 1 hour of the accident and an analysis of such steps to ensure that such list would be available within 3 hours of the accident; ‘‘(B) an analysis of the added costs to air carriers and travel agents that would result if air carriers were required to take the steps described in sub- paragraph (A); ‘‘(C) an analysis of any inconvenience to pas- sengers, including flight delays, that would result if air carriers were required to take the steps de- scribed in subparagraph (A); and ‘‘(D) an analysis of the implications for personal privacy that would result if air carriers were re- quired to take the steps described in subparagraph (A). ‘‘(c) REPORT.—Not later than 1 year after the date of the enactment of this Act [Oct. 9, 1996], the Secretary shall transmit to Congress a report containing the model plan and recommendations developed by the task force under subsection (b).’’ LIMITATION ON STATUTORY CONSTRUCTION Pub. L. 104–264, title VII, § 705, Oct. 9, 1996, 110 Stat. 3269, provided that: ‘‘Nothing in this title [enacting this section and section 1136 of this title, amending sec- tion 1155 of this title, and enacting provisions set out as notes under this section and section 40101 of this title] or any amendment made by this title may be con- strued 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 in- volved in an aircraft accident.’’ CHAPTER 413—FOREIGN AIR TRANSPORTATION Sec. 41301. Requirement for a permit. 41302. Permits of foreign air carriers. 41303. Transfers of permits. 41304. Effective periods and amendments, modifica- tions, suspensions, and revocations of per- mits. 41305. Applications for permits. 41306. Simplified procedure to apply for, amend, modify, and suspend permits. 41307. Presidential review of actions about foreign air transportation. 41308. Exemption from the antitrust laws. Sec. 41309. Cooperative agreements and requests. 41310. Discriminatory practices. 41311. Gambling restrictions. 41312. Ending or suspending foreign air transpor- tation. 41313. Plans to address needs of families of pas- sengers involved in foreign air carrier acci- dents. Editorial Notes AMENDMENTS 1997—Pub. L. 105–148, § 1(b), Dec. 16, 1997, 111 Stat. 2683, added item 41313. 1994—Pub. L. 103–429, § 6(51)(B), Oct. 31, 1994, 108 Stat. 4385, added item 41312. Pub. L. 103–305, title II, § 205(a)(2), Aug. 23, 1994, 108 Stat. 1583, added item 41311. § 41301. Requirement for a permit A foreign air carrier may provide foreign air transportation only if the foreign air carrier holds a permit issued under this chapter author- izing the foreign air transportation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1126.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41301 .......... 49 App.:1372(a). Aug. 23, 1958, Pub. L. 85–726, § 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 unnec- essary words. § 41302. Permits of foreign air carriers 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 car- rier if the Secretary finds that— (1) the person is fit, willing, and able to pro- vide the foreign air transportation to be au- thorized 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 Govern- ment; or (B) the foreign air transportation to be pro- vided under the permit will be in the public in- terest. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1126.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41302 .......... 49 App.:1372(b). Aug. 23, 1958, Pub. L. 85–726, § 402(b), 72 Stat. 758; re- stated Feb. 15, 1980, Pub. L. 96–192, § 7, 94 Stat. 38. 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 this section, before clause (1), the words ‘‘person (except a citizen of the United States)’’ and ‘‘person’’