49 U.S.C. § 41703 — Navigation of foreign civil aircraft

Page 1150 TITLE 49—TRANSPORTATION § 41701 1994—Pub. L. 103–429, § 6(52), Oct. 31, 1994, 108 Stat. 4385, made technical correction to chapter heading. Pub. L. 103–305, title II, §§ 206(b), 207(b), Aug. 23, 1994, 108 Stat. 1587, 1588, added items 41714 and 41715. SUBCHAPTER I—REQUIREMENTS § 41701. Classification of air carriers The Secretary of Transportation may estab- lish— (1) reasonable classifications for air carriers when required because of the nature of the transportation provided by them; and (2) reasonable requirements for each class when the Secretary decides those require- ments are necessary in the public interest. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1140.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41701 .......... 49 App.:1386(a). Aug. 23, 1958, Pub. L. 85–726, § 416(a), 72 Stat. 771. 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 ‘‘from time to time’’ are omitted as unnecessary. In clauses (1) and (2), the word ‘‘just’’ is omitted as being included in ‘‘reasonable’’. In clause (1), the word ‘‘groups’’ is omitted as being included in ‘‘classifications’’. The words ‘‘transportation provided’’ are substituted for ‘‘services performed’’ for consistency in the revised title. In clause (2), the word ‘‘requirements’’ is sub- stituted for ‘‘rules and regulations pursuant to and con- sistent with the provisions of this subchapter’’ as being more appropriate and for consistency in the revised title. Statutory Notes and Related Subsidiaries CREWMEMBER PUMPING GUIDANCE Pub. L. 118–63, title IV, § 421, May 16, 2024, 138 Stat. 1165, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall issue guidance to part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during noncritical phases of flight, consistent with the performance of the crewmember’s duties aboard the aircraft. The guidance shall be equally applicable to any lactating crewmember. In developing the guidance, the Administrator shall— ‘‘(1) consider multiple methods of expressing breast milk that could be used by crewmembers, including the use of wearable lactation technology; and ‘‘(2) ensure the guidance will not require an air car- rier or foreign air carrier to incur significant ex- pense, such as through— ‘‘(A) the addition of an extra crewmember in re- sponse to providing a break; ‘‘(B) removal or retrofitting of seats on the air- craft; or ‘‘(C) modification or retrofitting of an aircraft. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) CREWMEMBER.—The term ‘crewmember’ has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations. ‘‘(2) CRITICAL PHASES OF FLIGHT.—The term ‘critical phases of flight’ has the meaning given such term in section 121.542 of title 14, Code of Federal Regula- tions. ‘‘(3) PART 121.—The term ‘part 121’ means part 121 of title 14, Code of Federal Regulations. ‘‘(c) AVIATION SAFETY.—Nothing in this section shall limit the authority of the Administrator relating to aviation safety under subtitle VII of title 49, United States Code.’’ § 41702. Interstate air transportation An air carrier shall provide safe and adequate interstate air transportation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1140.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41702 .......... 49 App.:1374(a)(1). Aug. 23, 1958, Pub. L. 85–726, § 404(a)(1), 72 Stat. 760; Mar. 22, 1972, Pub. L. 92–259, § 1, 86 Stat. 95; Oct. 24, 1978, Pub. L. 95–504, § 23, 92 Stat. 1724. 49 App.:1551(a)(4)(C) (related to 49 App.:1374(a)(1)). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(4)(C) (related to § 404(a)(1)); added Oct. 4, 1984, Pub. L. 98–443, § 3(c), 98 Stat. 1703. This section is substituted for 49 App.:1374(a)(1) be- cause 49 App.:1551(a)(4)(C) provides that 49 App.:1374 no longer applies to interstate or overseas air transpor- tation except insofar as 49 App.:1374 requires air car- riers to provide safe and adequate service. § 41703. Navigation of foreign civil aircraft (a) PERMITTED NAVIGATION.—A foreign air- craft, not part of the armed forces of a foreign country, may be navigated in the United States only— (1) if the country of registry grants a similar privilege to aircraft of the United States; (2) by an airman holding a certificate or li- cense issued or made valid by the United States Government or the country of registry; (3) if the Secretary of Transportation au- thorizes the navigation; and (4) if the navigation is consistent with terms the Secretary may prescribe. (b) REQUIREMENTS FOR AUTHORIZING NAVIGA- TION.—The Secretary may authorize navigation under this section only if the Secretary decides the authorization is— (1) in the public interest; and (2) consistent with any agreement between the Government and the government of a for- eign country. (c) PROVIDING AIR COMMERCE.—The Secretary may authorize an aircraft permitted to navigate in the United States under this section to pro- vide air commerce in the United States. How- ever, the aircraft may take on for compensation, at a place in the United States, passengers or cargo destined for another place in the United States only if— (1) specifically authorized under section 40109(g) of this title; or (2) under regulations the Secretary pre- scribes authorizing air carriers to provide oth- erwise authorized air transportation with for- eign registered aircraft under lease or charter to them without crew. (d) PERMIT REQUIREMENTS NOT AFFECTED.— This section does not affect section 41301 or 41302 of this title. However, a foreign air carrier hold- ing a permit under section 41302 does not need to Page 1151 TITLE 49—TRANSPORTATION § 41704 obtain additional authorization under this sec- tion for an operation authorized by the permit. (e) CARGO IN ALASKA.— (1) IN GENERAL.—For the purposes of sub- section (c), eligible cargo taken on or off any aircraft at a place in Alaska in the course of transportation of that cargo by any combina- tion of 2 or more air carriers or foreign air carriers in either direction between a place in the United States and a place outside the United States shall not be deemed to have bro- ken its international journey in, be taken on in, or be destined for Alaska. (2) ELIGIBLE CARGO.—For purposes of para- graph (1), the term ‘‘eligible cargo’’ means cargo transported between Alaska and any other place in the United States on a foreign air carrier (having been transported from, or thereafter being transported to, a place out- side the United States on a different air car- rier or foreign air carrier) that is carried— (A) under the code of a United States air carrier providing air transportation to Alas- ka; (B) on an air carrier way bill of an air car- rier providing air transportation to Alaska; (C) under a term arrangement or block space agreement with an air carrier; or (D) under the code of a United States air carrier for purposes of transportation within the United States. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1140; Pub. L. 108–176, title VIII, § 808, Dec. 12, 2003, 117 Stat. 2588.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41703(a) ...... 49 App.:1508(b) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, § 1108(b) (1st, 2d, last sen- tences), 72 Stat. 798, 799. 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. 41703(b) ...... 49 App.:1508(b) (2d sentence). 49 App.:1551(b)(1)(E). 41703(c) ...... 49 App.:1508(b) (3d sentence). Aug. 23, 1958, Pub. L. 85–726, § 1108(b) (3d sentence), 72 Stat. 799; Feb. 15, 1980, Pub. L. 96–192, § 20, 94 Stat. 43. 49 App.:1551(b)(1)(E). 41703(d) ...... 49 App.:1508(b) (last sentence). In subsection (a), the word ‘‘country’’ is substituted for ‘‘nation’’ for consistency in the revised title and with other titles of the United States Code. In clause (3), the words ‘‘permit, order, or regulation issued’’ are omitted as surplus. In clause (4), the words ‘‘conditions, and limitations’’ are omitted as being included in ‘‘terms’’. In subsection (b)(2), the word ‘‘agreement’’ is sub- stituted for ‘‘treaty, convention, or agreement’’ for clarity and consistency in the revised title. The words ‘‘which may be in force’’ are omitted as surplus. The words ‘‘or countries’’ are omitted because of 1:1. In subsection (c), before clause (1), the word ‘‘place’’ is substituted for ‘‘point’’, and the word ‘‘passengers’’ is substituted for ‘‘persons’’, for consistency in the re- vised title. In subsection (d), the word ‘‘affect’’ is substituted for ‘‘limit, modify, or amend’’ to eliminate unnecessary words. Editorial Notes AMENDMENTS 2003—Subsec. (e). Pub. L. 108–176 added subsec. (e). 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. § 41704. Transporting property not to be trans- ported in aircraft cabins Under regulations or orders of the Secretary of Transportation, an air carrier shall transport as baggage the property of a passenger traveling in air transportation that may not be carried in an aircraft cabin because of a law or regulation of the United States. The carrier is liable to pay an amount not more than the amount declared to the carrier by that passenger for actual loss of, or damage to, the property caused by the car- rier. The carrier may impose reasonable charges and conditions for its liability. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41704 .......... 49 App.:1516. Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1116; added Aug. 5, 1974, Pub. L. 93–366, § 205, 88 Stat. 418. 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. The words ‘‘as may be necessary’’, ‘‘which . . . law- fully’’, and ‘‘by such person’’ are omitted as surplus. The words ‘‘The carrier is liable to pay an amount not more than’’ are substituted for ‘‘shall assume liability . . . within’’ for clarity. The words ‘‘to such person’’ are omitted as surplus. The words ‘‘The carrier may impose’’ are added for clarity. The words ‘‘terms and’’ are omitted as covered by ‘‘conditions’’. Statutory Notes and Related Subsidiaries REFUNDS FOR DELAYED BAGGAGE Pub. L. 114–190, title II, § 2305, July 15, 2016, 130 Stat. 640, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Sec- retary of Transportation shall issue final regulations to require an air carrier or foreign air carrier to promptly provide to a passenger an automated refund for any an- cillary fees paid by the passenger for checked baggage if— ‘‘(1) the air carrier or foreign air carrier fails to de- liver the checked baggage to the passenger— ‘‘(A) not later than 12 hours after the arrival of a domestic flight; or ‘‘(B) not later than 15 hours after the arrival of an international flight; and ‘‘(2) the passenger has notified the air carrier or foreign air carrier of the lost or delayed checked bag- gage. ‘‘(b) EXCEPTION.—If, as part of the rulemaking, the Secretary makes a determination on the record that a requirement under subsection (a) is not feasible and would adversely affect consumers in certain cases, the Secretary may modify 1 or both of the deadlines speci- fied in subsection (a)(1) for such cases, except that—