US (United States) Code. Title 49. Subtitle VII. Part A. Subpart II. Chapter 413: Foreign air transportation

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation. Aviation programs

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-CITE-

49 USC CHAPTER 413 - FOREIGN AIR TRANSPORTATION 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-MISC1-

Sec.

41301. Requirement for a permit.

41302. Permits of foreign air carriers.

41303. Transfers of permits.

41304. Effective periods and amendments, modifications,

suspensions, and revocations of permits.

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.

41309. Cooperative agreements and requests.

41310. Discriminatory practices.

41311. Gambling restrictions.

41312. Ending or suspending foreign air transportation.

41313. Plans to address needs of families of passengers

involved in foreign air carrier accidents.

AMENDMENTS

1997 - Pub. L. 105-148, Sec. 1(b), Dec. 16, 1997, 111 Stat. 2683,

added item 41313.

1994 - Pub. L. 103-429, Sec. 6(51)(B), Oct. 31, 1994, 108 Stat.

4385, added item 41312.

Pub. L. 103-305, title II, Sec. 205(a)(2), Aug. 23, 1994, 108

Stat. 1583, added item 41311.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 40109, 46301 of this

title; title 39 section 5402.

-End-

-CITE-

49 USC Sec. 41301 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41301. Requirement for a permit

-STATUTE-

A foreign air carrier may provide foreign air transportation only

if the foreign air carrier holds a permit issued under this chapter

authorizing the foreign air transportation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1126.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41301 49 App.:1372(a). Aug. 23, 1958, Pub. L.

85-726, Sec. 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 unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 41703 of this title.

-End-

-CITE-

49 USC Sec. 41302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41302. Permits of foreign air carriers

-STATUTE-

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 carrier if the

Secretary finds that -

(1) the person is fit, willing, and able to provide the foreign

air transportation to be authorized 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

Government; or

(B) the foreign air transportation to be provided under the

permit will be in the public interest.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1126.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41302 49 App.:1372(b). Aug. 23, 1958, Pub. L.

85-726, Sec. 402(b), 72

Stat. 758; restated Feb. 15,

1980, Pub. L. 96-192, Sec.

7, 94 Stat. 38.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

--------------------------------------------------------------------

In this section, before clause (1), the words "person (except a

citizen of the United States)" and "person" are substituted for

"applicant" for clarity and consistency because only a person other

than a United States citizen may be a "foreign air carrier" as

defined in section 40102(a) of the revised title. In clauses (1)

and (2), the word "provide" is substituted for "perform" for

consistency in the revised title. In clause (1), the word

"properly" is omitted as surplus. The word "comply" is substituted

for "conform" for consistency in the revised title. The word

"rules" is omitted as being synonymous with "regulations". The word

"requirements" is omitted as surplus. In clause (2)(A), the words

"government of its country" are substituted for "its government"

for consistency in the revised title and with other titles of the

United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41303, 41304, 41305,

41306, 41307, 41310, 41313, 41703, 41709, 44901, 46316 of this

title.

-End-

-CITE-

49 USC Sec. 41303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41303. Transfers of permits

-STATUTE-

A permit issued under section 41302 of this title may be

transferred only when the Secretary of Transportation approves the

transfer because the transfer is in the public interest.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1127.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41303 49 App.:1372(g). Aug. 23, 1958, Pub. L.

85-726, Sec. 402(g), 72

Stat. 758.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 41310 of this title.

-End-

-CITE-

49 USC Sec. 41304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41304. Effective periods and amendments, modifications,

suspensions, and revocations of permits

-STATUTE-

(a) General. - The Secretary of Transportation may prescribe the

period during which a permit issued under section 41302 of this

title is in effect. After notice and an opportunity for a hearing,

the Secretary may amend, modify, suspend, or revoke the permit if

the Secretary finds that action to be in the public interest.

(b) Suspensions and Restrictions. - Without a hearing, but

subject to the approval of the President, the Secretary -

(1) may suspend summarily the permits of foreign air carriers

of a foreign country, or amend, modify, or limit the operations

of the foreign air carriers under the permits, when the Secretary

finds -

(A) the action is in the public interest; and

(B) the government, an aeronautical authority, or a foreign

air carrier of the foreign country, over the objection of the

United States Government, has -

(i) limited or denied the operating rights of an air

carrier; or

(ii) engaged in unfair, discriminatory, or restrictive

practices that have a substantial adverse competitive impact

on an air carrier related to air transportation to, from,

through, or over the territory of the foreign country; and

(2) to make this subsection effective, may restrict operations

between the United States and the foreign country by a foreign

air carrier of a third country.

(c) Illegal Importation of Controlled Substances. - The Secretary

-

(1) in consultation with appropriate departments, agencies, and

instrumentalities of the Government, shall reexamine immediately

the fitness of a foreign air carrier that -

(A) violates the laws and regulations of the United States

related to the illegal importation of a controlled substance;

or

(B) does not adopt available measures to prevent the illegal

importation of a controlled substance into the United States on

its aircraft; and

(2) when appropriate, shall amend, modify, suspend, or revoke

the permit of the carrier issued under this chapter.

(d) Responses. - An interested person may file a response with

the Secretary opposing or supporting the amendment, modification,

suspension, or revocation of a permit under subsection (a) of this

section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1127.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41304(a) 49 App.:1372(e) Aug. 23, 1958, Pub. L.

(related to 85-726, Sec. 402(e) (related

duration of to duration of permits), 72

permits). Stat. 758.

49 App.:1372(f)(1) Aug. 23, 1958, Pub. L.

(1st sentence). 85-726, Sec. 402(f)(1), 72

Stat. 758; Feb. 15, 1980,

Pub. L. 96-192, Sec. 9, 94

Stat. 38.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

41304(b) 49 App.:1372(f)(2). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

402(f)(2); added Feb. 15,

1980, Pub. L. 96-192, Sec.

9, 94 Stat. 38.

49

App.:1551(b)(1)(E).

41304(c) 49 App.:1371a Aug. 15, 1985, Pub. L.

(related to permit). 99-88, Sec. 100 (1st

complete par. related to

permit on p. 352), 99 Stat.

352.

41304(d) 49 App.:1372(f)(1)

(last sentence).

49

App.:1551(b)(1)(E).

--------------------------------------------------------------------

In subsection (a), the words "altered" and "cancelled" are

omitted as surplus.

In subsection (b)(1), before clause (A), the words "alter" and

"condition" are omitted as surplus. In clause (B)(i) and (ii), the

words "United States" before "air carriers" and "carriers" are

omitted as surplus and for consistency because only a citizen of

the United States may be an "air carrier" as defined in section

40102(a) of the revised title. In clause (B)(i), the word

"impaired" is omitted as surplus.

In subsection (c), before clause (1), the words "Notwithstanding

any other provision of law" are omitted as surplus. The words "on

and after August 15, 1985" are omitted as executed. In clause (1),

before subclause (A), the words "law enforcement and other" are

omitted as surplus. The words "departments, agencies, and

instrumentalities of the Government" are substituted for "agencies"

for consistency in the revised title and with other titles of the

Code. The words "a foreign air carrier" are substituted for "any

carrier" for clarity. In clause (2), the words "of public

convenience and necessity" are omitted as surplus. The word "amend"

is added for consistency. The words "issued under this chapter" are

added for clarity.

In subsection (d), the word "response" is substituted for

"protest or memorandum" to eliminate unnecessary words. The words

"alteration" and "cancellation" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41306, 41310 of this

title.

-End-

-CITE-

49 USC Sec. 41305 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41305. Applications for permits

-STATUTE-

(a) Form, Contents, Notice, Response, and Actions on

Applications. - (1) A person must apply in writing to the Secretary

of Transportation to be issued a permit under section 41302 of this

title. The Secretary shall prescribe regulations to require that

the application be -

(A) verified;

(B) in a certain form and contain certain information;

(C) served on interested persons; and

(D) accompanied by proof of service on those persons.

(2) When an application is filed, the Secretary shall post a

notice of the application in the office of the Secretary and give

notice of the application to other persons as required by

regulations of the Secretary. An interested person may file a

response with the Secretary opposing or supporting the issuance of

the permit. The Secretary shall act on an application as

expeditiously as possible.

(b) Terms. - The Secretary may impose terms for providing foreign

air transportation under the permit that the Secretary finds may be

required in the public interest.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1127.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41305(a)(1) 49 App.:1372(c). Aug. 23, 1958, Pub. L.

85-726, Sec. 402(c), (e)

(related to terms,

conditions, or limitations

of permits), 72 Stat. 758.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

41305(a)(2) 49 App.:1372(d). Aug. 23, 1958, Pub. L.

85-726, Sec. 402(d), 72

Stat. 758; Feb. 15, 1980,

Pub. L. 96-192, Sec. 8, 94

Stat. 38.

49

App.:1551(b)(1)(E).

41305(b) 49 App.:1372(e)

(related to terms,

conditions, or

limitations of

permits).

49

App.:1551(b)(1)(E).

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "A person must

apply . . . to the Secretary of Transportation to be issued a

permit under section 41302 of this title" are added for clarity.

Clause (C) is added for clarity.

In subsection (a)(2), the words "give due notice thereof to the

public by" are omitted as surplus. The word "response" is

substituted for "protest or memorandum" to eliminate unnecessary

words. The word "expeditiously" is substituted for "speedily" for

consistency in this chapter.

In subsection (b), the words "reasonable" and "conditions, or

limitations" are omitted as surplus. The words "for providing

foreign air transportation" are added for clarity.

-End-

-CITE-

49 USC Sec. 41306 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41306. Simplified procedure to apply for, amend, modify, and

suspend permits

-STATUTE-

(a) Regulations. - The Secretary of Transportation shall

prescribe regulations that simplify the procedure for -

(1) acting on an application for a permit to provide foreign

air transportation under section 41302 of this title; and

(2) amending, modifying, or suspending any part of that permit

under section 41304(a) or (b) of this title.

(b) Notice and Opportunity To Respond. - Regulations under this

section shall provide for notice and an opportunity for each

interested person to file appropriate written evidence and

argument. An oral evidentiary hearing is not required to be

provided under this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1128.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41306(a) 49 App.:1372(h) Aug. 23, 1958, Pub. L.

(1st sentence). 85-726, 72 Stat. 731, Sec.

402(h); added Oct. 24, 1978,

Pub. L. 95-504, Sec.

21(b)(1), 92 Stat. 1723.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

41306(b) 49 App.:1372(h)

(last sentence).

--------------------------------------------------------------------

In subsection (a)(1), the words "acting on" are substituted for

"disposition of" for consistency. The word "provide" is substituted

for "engage in" for consistency in the revised title.

In subsection (a)(2), the word "alteration" is omitted as

surplus. The word "transfer" is omitted because 49 App.:1372(f)

does not cover transfer of a permit.

In subsection (b), the word "adequate" is omitted as surplus.

-End-

-CITE-

49 USC Sec. 41307 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41307. Presidential review of actions about foreign air

transportation

-STATUTE-

The Secretary of Transportation shall submit to the President for

review each decision of the Secretary to issue, deny, amend,

modify, suspend, revoke, or transfer a certificate issued under

section 41102 of this title authorizing an air carrier, or a permit

issued under section 41302 of this title authorizing a foreign air

carrier, to provide foreign air transportation. The President may

disapprove the decision of the Secretary only if the reason for

disapproval is based on foreign relations or national defense

considerations that are under the jurisdiction of the President.

The President may not disapprove a decision of the Secretary if the

reason is economic or related to carrier selection. A decision of

the Secretary -

(1) is void if the President disapproves the decision and

publishes the reasons (to the extent allowed by national

security) for disapproval not later than 60 days after it is

submitted to the President; or

(2)(A) takes effect as a decision of the Secretary if the

President does not disapprove the decision not later than 60 days

after the decision is submitted to the President; and

(B) when effective, may be reviewed judicially under section

46110 of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1128.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41307 49 App.:1461(a). Aug. 23, 1958, Pub. L.

85-726, Sec. 801(a), 72

Stat. 782; Mar. 22, 1972,

Pub. L. 92-259, Sec. 2, 86

Stat. 96; restated Oct. 24,

1978, Pub. L. 95-504, Sec.

34, 92 Stat. 1740.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

--------------------------------------------------------------------

In this section, before clause (1), the word "cancellation" is

omitted as surplus. The word "modify" is added for consistency. The

words "and the terms, conditions, and limitations contained in" are

omitted as surplus. The words "issued under section 41102 of this

title" are added for clarity. The word "provide" is substituted for

"engage in" for consistency in the revised title. In clause (1),

the words "null and" are omitted as surplus. The word "publishes"

is substituted for "issued in a public document" to eliminate

unnecessary words. In clause (2)(A), the words "not the President"

are omitted as surplus.

-EXEC-

EXECUTIVE ORDER NO. 11920

Ex. Ord. No. 11920, June 10, 1976, 41 F.R. 23665, which provided

for establishment of Executive branch procedures to facilitate

review of submitted decisions, was revoked by Ex. Ord. No. 12547,

Feb. 6, 1986, 51 F.R. 5029.

EXECUTIVE ORDER NO. 12547

Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R. 5029, which provided

for establishment of procedures to facilitate Presidential review

of international aviation decisions submitted by Department of

Transportation, was revoked by Ex. Ord. No. 12597, May 13, 1987, 52

F.R. 18335, set out below.

EX. ORD. NO. 12597. ESTABLISHING PROCEDURES FOR FACILITATING

PRESIDENTIAL REVIEW OF INTERNATIONAL AVIATION DECISIONS BY THE

DEPARTMENT OF TRANSPORTATION

Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 18335, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including Section 801 of

the Federal Aviation Act, as amended (49 U.S.C. app. Sec. 1461)

[see 49 U.S.C. 41307, 41509(f)], and in order to provide

presidential guidance to department and agency heads and facilitate

presidential review of decisions by the Department of

Transportation pursuant to the Federal Aviation Act [see 49 U.S.C.

40101 et seq.], it is hereby ordered as follows:

Section 1. Executive Order No. 12547 of February 6, 1986, is

revoked.

Sec. 2. The Secretary of Transportation is designated and

empowered to receive on behalf of the President any decision of the

Department of Transportation (hereinafter referred to as the "DOT")

subject to Section 801 of the Federal Aviation Act, as amended. The

Secretary of Transportation is further designated and empowered to

exercise, without the approval, ratification, or other action of

the President, the authority of the President under Section 801 of

the Federal Aviation Act, as amended, to review and determine not

to disapprove any such decision that is not the subject of any

written recommendation for disapproval or for a statement of

reasons submitted to the Department of Transportation in accordance

with section 5(b) of this Order.

Sec. 3. (a) Except as otherwise provided in this section,

decisions of the DOT subject to Section 801 of the Federal Aviation

Act, as amended, may be made available by the DOT for public

inspection and copying following transmission to Executive

departments and agencies pursuant to section 3(c) of this Order.

(b) In the interests of national security, and in order to allow

for consideration of appropriate action under Executive Order No.

12356 [50 U.S.C. 435 note], decisions of the DOT transmitted to

Executive departments and agencies pursuant to section 3(c) of this

Order shall be withheld from public disclosure for a period not to

exceed 5 days after said transmission.

(c) At the same time that decisions of the DOT are received by

the Secretary of Transportation pursuant to section 2 of this

Order, the DOT shall transmit copies thereof to the Secretary of

State, the Secretary of Defense, the Secretary of the Treasury, the

Attorney General, the Assistant to the President for National

Security Affairs, the Director of the Office of Management and

Budget, and any other Executive department or agency that the DOT

deems appropriate.

(d) The Secretary of State and the Secretary of Defense, or their

designees, shall review the decisions of the DOT transmitted

pursuant to section 3(c) of this Order and shall promptly advise

the Assistant to the President for National Security Affairs or his

designee whether action pursuant to Executive Order No. 12356 is

deemed appropriate. If, after considering these recommendations,

the Assistant to the President for National Security Affairs

determines that classification under Executive Order No. 12356 is

appropriate, he shall take such action and immediately so inform

the DOT. Action pursuant to this subsection shall be completed by

the persons designated herein within 5 days of the transmission of

the decision.

(e) On and after the 6th day following transmission of a DOT

decision pursuant to section 3(c) of this Order, or upon earlier

notification by the Assistant to the President for National

Security Affairs or his designee, the DOT is authorized to disclose

all unclassified portions of the text of such decision. Nothing in

this section is intended to affect the ability to withhold material

under any Executive order or statute other than Section 801.

Sec. 4. (a) Departments and agencies outside of the Executive

Office of the President shall raise only matters of national

defense or foreign relations in the course of the presidential

review established by this Order. All other matters, including

those related to regulatory policy, shall be presented to the DOT

in accordance with the procedures of the DOT.

(b) Departments and agencies outside of the Executive Office of

the President that identify matters of national defense or foreign

relations while a decision is pending before the DOT shall, except

as confidentiality is required for reasons of defense or foreign

policy, make those matters known to the DOT in the course of its

proceedings.

Sec. 5. (a) The DOT shall receive the recommendations, addressed

to the President, of the departments and agencies referred to in

section 3(c) of this Order.

(b) Departments or agencies outside of the Executive Office of

the President making recommendations on matters of national defense

or foreign relations with respect to any decision received by the

Secretary of Transportation under section 2 of this Order shall

submit their recommendations in writing to the DOT: (1) within 4

days of the DOT's issuance of a decision subject to a 10-day

statutory review period under Section 801(b) [see 49 U.S.C.

41509(f)]; and (2) within 21 days of the DOT's issuance of a

decision subject to a 60-day statutory review period under Section

801(a) [see 49 U.S.C. 41307]; or (3) in exceptional cases, within

the period specified by the DOT in its letter of transmittal.

(c) The DOT shall, as soon as practical after the deadlines

specified in section 5(b) of this Order: (1) if no recommendations

for disapproval or for a statement of reasons are received from the

departments and agencies specified in section 3(c) of this Order,

issue its decision to become effective according to its terms; or

(2) if recommendations for disapproval or for a statement of

reasons are received, transmit them to the Assistant to the

President for National Security Affairs, who, upon review, shall

transmit a memorandum to the President with a recommendation as to

whether or not the President should disapprove the proposed

decision.

Sec. 6. (a) In advising the President with respect to his review

of a decision pursuant to Section 801, departments and agencies

outside of the Executive Office of the President shall identify

with particularity the defense or foreign policy implications of

the DOT decision that are deemed appropriate for consideration.

(b) If any department or agency that made recommendations to the

President pursuant to Section 801 believes that, if the President

decides not to disapprove a decision, the letter so advising the

DOT should include a statement that the decision not to disapprove

was based on national defense or foreign relations reasons, it

should so indicate separately and explain why.

Sec. 7. Individuals within the Executive Office of the President

shall follow a policy of: (a) refusing to discuss matters relating

to the disposition of a case subject to the review of the President

under Section 801 with any interested private party, or an attorney

or agent for any such party, prior to the decision by the President

or his designee; and (b) referring any written communication from

an interested private party, or an attorney or agent for any such

party, to the appropriate department or agency outside of the

Executive Office of the President. Exceptions to this policy may be

made only when the head of an appropriate department or agency

outside of the Executive Office of the President personally finds,

on a nondelegable basis, that direct written or oral communication

between a private party and a person within the Executive Office of

the President is needed for reasons of defense or foreign policy.

Sec. 8. Departments and agencies outside of the Executive Office

of the President that regularly make recommendations in connection

with the presidential review pursuant to Section 801 shall,

consistent with applicable law, including the provisions of Chapter

5 of Title 5 of the United States Code:

(a) establish public dockets for all written communications

(other than those requiring confidential treatment for defense or

foreign policy reasons) between their officers and employees and

private parties in connection with the preparation of such

recommendations; and

(b) prescribe such other procedures governing oral and written

communications as they deem appropriate.

Sec. 9. This Order is intended solely for the internal guidance

of the departments and agencies in order to facilitate the

presidential review process. This Order does not confer rights on

any private parties.

Sec. 10. None of the time deadlines specified in this Order shall

be construed as a limitation on expedited presidential review of

any decision under Section 801.

Sec. 11. The provisions of this Order shall become effective upon

publication in the Federal Register and shall govern the review of

any proposed decisions of the DOT that have not become final prior

to that date under Executive Order No. 12547.

Sec. 12. References in any Executive order to any provision in

Executive Order No. 12547 shall be deemed to refer to the

corresponding provision in this Order.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40109, 41102, 41108,

41310, 46110, 46301 of this title.

-End-

-CITE-

49 USC Sec. 41308 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41308. Exemption from the antitrust laws

-STATUTE-

(a) Definition. - In this section, "antitrust laws" has the same

meaning given that term in the first section of the Clayton Act (15

U.S.C. 12).

(b) Exemption Authorized. - When the Secretary of Transportation

decides it is required by the public interest, the Secretary, as

part of an order under section 41309 or 42111 of this title, may

exempt a person affected by the order from the antitrust laws to

the extent necessary to allow the person to proceed with the

transaction specifically approved by the order and with any

transaction necessarily contemplated by the order.

(c) Exemption Required. - In an order under section 41309 of this

title approving an agreement, request, modification, or

cancellation, the Secretary, on the basis of the findings required

under section 41309(b)(1), shall exempt a person affected by the

order from the antitrust laws to the extent necessary to allow the

person to proceed with the transaction specifically approved by the

order and with any transaction necessarily contemplated by the

order.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1128.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41308 49 App.:1384. Aug. 23, 1958, Pub. L.

85-726, Sec. 414, 72 Stat.

770; restated Oct. 24, 1978,

Pub. L. 95-504, Sec. 30(a),

92 Stat. 1731; Feb. 15,

1980, Pub. L. 96-192, Sec.

27, 94 Stat. 47.

49 App.:1551(a)(6) Aug. 23, 1958, Pub. L.

(related to 49 85-726, 72 Stat. 731, Sec.

App.:1384). 1601(a)(6) (related to Sec.

414); added Oct. 4, 1984,

Pub. L. 98-443, Sec. 3(c),

98 Stat. 1704.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(C) 85-726, 72 Stat. 731, Sec.

(related to 49 1601(b)(1)(C) (related to

App.:1384). Sec. 414); added Oct. 24,

1978, Pub. L. 95-504, Sec.

40(a), 92 Stat. 1745; Oct.

14, 1982, Pub. L. 97-309,

Sec. 4(b), 96 Stat. 1454;

Oct. 4, 1984, Pub. L.

98-443, Sec. 3(a), 98 Stat.

1703.

--------------------------------------------------------------------

Subsection (a) is substituted for "the 'anti-trust laws' set

forth in subsection (a) of section 12 of title 15" for consistency

in the revised title and with other titles of the United States

Code.

In subsection (b), reference to 49 App.:1378 and 1379 is omitted

as obsolete.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 41110 of this title.

-End-

-CITE-

49 USC Sec. 41309 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41309. Cooperative agreements and requests

-STATUTE-

(a) Filing. - An air carrier or foreign air carrier may file with

the Secretary of Transportation a true copy of or, if oral, a true

and complete memorandum of, an agreement (except an agreement

related to interstate air transportation), or a request for

authority to discuss cooperative arrangements (except arrangements

related to interstate air transportation), and any modification or

cancellation of an agreement, between the air carrier or foreign

air carrier and another air carrier, a foreign carrier, or another

carrier.

(b) Approval. - The Secretary of Transportation shall approve an

agreement, request, modification, or cancellation referred to in

subsection (a) of this section when the Secretary finds it is not

adverse to the public interest and is not in violation of this

part. However, the Secretary shall disapprove -

(1) or, after periodic review, end approval of, an agreement,

request, modification, or cancellation, that substantially

reduces or eliminates competition unless the Secretary finds that

-

(A) the agreement, request, modification, or cancellation is

necessary to meet a serious transportation need or to achieve

important public benefits (including international comity and

foreign policy considerations); and

(B) the transportation need cannot be met or those benefits

cannot be achieved by reasonably available alternatives that

are materially less anticompetitive; or

(2) an agreement that -

(A) is between an air carrier not directly operating aircraft

in foreign air transportation and a carrier subject to subtitle

IV of this title; and

(B) governs the compensation the carrier may receive for the

transportation.

(c) Notice and Opportunity To Respond or for Hearing. - (1) When

an agreement, request, modification, or cancellation is filed, the

Secretary of Transportation shall give the Attorney General and the

Secretary of State written notice of, and an opportunity to submit

written comments about, the filing. On the initiative of the

Secretary of Transportation or on request of the Attorney General

or Secretary of State, the Secretary of Transportation may conduct

a hearing to decide whether an agreement, request, modification, or

cancellation is consistent with this part whether or not it was

approved previously.

(2) In a proceeding before the Secretary of Transportation

applying standards under subsection (b)(1) of this section, a party

opposing an agreement, request, modification, or cancellation has

the burden of proving that it substantially reduces or eliminates

competition and that less anticompetitive alternatives are

available. The party defending the agreement, request,

modification, or cancellation has the burden of proving the

transportation need or public benefits.

(3) The Secretary of Transportation shall include the findings

required by subsection (b)(1) of this section in an order of the

Secretary approving or disapproving an agreement, request,

modification, or cancellation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1129; Pub. L.

104-88, title III, Sec. 308(l), Dec. 29, 1995, 109 Stat. 948; Pub.

L. 104-287, Sec. 5(71), Oct. 11, 1996, 110 Stat. 3396.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41309(a) 49 App.:1382(a)(1). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

412(a), (b); added Oct. 24,

1978, Pub. L. 95-504, Sec.

28(c), 92 Stat. 1729; Feb.

15, 1980, Pub. L. 96-192,

Sec. 11, 94 Stat. 39.

49 App.:1551(a)(6) Aug. 23, 1958, Pub. L.

(related to 49 85-726, 72 Stat. 731, Sec.

App.:1382). 1601(a)(6) (related to Sec.

412); added Oct. 4, 1984,

Pub. L. 98-443, Sec. 3(c),

98 Stat. 1704.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(C) 85-726, 72 Stat. 731, Sec.

(related to 49 1601(b)(1)(C) (related to

App.:1382(a)). Sec. 412(a), (b)); added

Oct. 24, 1978, Pub. L.

95-504, Sec. 40(a), 92

Stat. 1745; Oct. 14, 1982,

Pub. L. 97-309, Sec. 4(b),

96 Stat. 1454; Oct. 4,

1984, Pub. L. 98-443, Sec.

3(a), 98 Stat. 1703.

41309(b) 49

App.:1382(a)(2)(A).

49 App.:1551(a)(6),

(b)(1)(C) (as

1551(a)(6),

(b)(1)(C) relates

to 49 App.:1382(a)).

41309(c)(1) 49 App.:1382(b).

49 App.:1551(a)(6),

(b)(1)(C) (as

1551(a)(6),

(b)(1)(C) relates

to 49 App.:1382(b)).

41309(c)(2) 49

App.:1382(a)(2)(B).

41309(c)(3) 49

App.:1382(a)(2)(C).

49 App.:1551(a)(6),

(b)(1)(C) (as

1551(a)(6),

(b)(1)(C) relates

to 49 App.:1382(a)).

--------------------------------------------------------------------

In this section, the word "contract" is omitted as being included

in "agreement".

In subsection (a), the words "(whether enforceable by provisions

for liquidated damages, penalties, bonds, or otherwise)" are

omitted as surplus. The words "(except an agreement related to

interstate air transportation)" and "(except arrangements related

to interstate air transportation)" are added because of 49

App.:1551(a)(6) (related to 49 App.:1382). The word "working" is

omitted as surplus. The words "in force on October 24, 1978, or

thereafter entered into" are omitted as executed. The words "and

any modification or cancellation of an agreement" are substituted

for "or any modification or cancellation thereof" for clarity and

consistency.

In subsection (b), before clause (1), the words "The Board shall

by order disapprove any contract, agreement, or request . . . that

it finds to be adverse to the public interest or in violation of

this chapter" are omitted as surplus because of the language

restated in this subsection that sets out the requirements for

approval by the Secretary of Transportation before the antitrust

exemption is effective. The words "whether or not previously

approved by it" are omitted as surplus because of the language in

clause (1) requiring periodic review and continuing approval. The

words "by order" are omitted as unnecessary because of 5:ch. 5,

subch. II. The text of 49 App.:1382(a)(2)(A)(iii) is omitted as

obsolete because of 49 App.:1551(a)(6) (related to 49 App.:1382).

In subsection (c)(1), the words "in accordance with regulations

which it prescribes" are omitted as surplus. The words "in

accordance with regulations prescribed by the Board" are omitted as

surplus.

PUB. L. 104-287

This amends 49:41309(b)(2)(B) for consistency in the subsection.

AMENDMENTS

1996 - Subsec. (b)(2)(B). Pub. L. 104-287 substituted "carrier"

for "common carrier".

1995 - Subsec. (b)(2)(A). Pub. L. 104-88 substituted "a carrier"

for "a common carrier".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES

Pub. L. 107-71, title I, Sec. 116, Nov. 19, 2001, 115 Stat. 624,

which related to air transportation arrangements for flights that

both originate and terminate at points within the same State, was

repealed by Pub. L. 107-273, div. C, title IV, Sec. 14102(g), Nov.

2, 2002, 116 Stat. 1922.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41101, 41110, 41308,

41503, 41710, 42111 of this title.

-End-

-CITE-

49 USC Sec. 41310 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41310. Discriminatory practices

-STATUTE-

(a) Prohibition. - An air carrier or foreign air carrier may not

subject a person, place, port, or type of traffic in foreign air

transportation to unreasonable discrimination.

(b) Review and Negotiation of Discriminatory Foreign Charges. -

(1) The Secretary of Transportation shall survey charges imposed on

an air carrier by the government of a foreign country or another

foreign entity for the use of airport property or airway property

in foreign air transportation. If the Secretary of Transportation

decides that a charge is discriminatory, the Secretary promptly

shall report the decision to the Secretary of State. The

Secretaries of State and Transportation promptly shall begin

negotiations with the appropriate government to end the

discrimination. If the discrimination is not ended in a reasonable

time through negotiation, the Secretary of Transportation shall

establish a compensating charge equal to the discriminatory charge.

With the approval of the Secretary of State, the Secretary of the

Treasury shall impose the compensating charge on a foreign air

carrier of that country as a condition to accepting the general

declaration of the aircraft of the foreign air carrier when it

lands or takes off.

(2) The Secretary of the Treasury shall maintain an account to

credit money collected under paragraph (1) of this subsection. An

air carrier shall be paid from the account an amount certified by

the Secretary of Transportation to compensate the air carrier for

the discriminatory charge paid to the government.

(c) Actions Against Discriminatory Activity. - (1) The Secretary

of Transportation may take actions the Secretary considers are in

the public interest to eliminate an activity of a government of a

foreign country or another foreign entity, including a foreign air

carrier, when the Secretary, on the initiative of the Secretary or

on complaint, decides that the activity -

(A) is an unjustifiable or unreasonable discriminatory,

predatory, or anticompetitive practice against an air carrier; or

(B) imposes an unjustifiable or unreasonable restriction on

access of an air carrier to a foreign market.

(2) The Secretary of Transportation may deny, amend, modify,

suspend, revoke, or transfer under paragraph (1) of this subsection

a foreign air carrier permit or tariff under section 41302, 41303,

41304(a), 41504(c), 41507, or 41509 of this title.

(d) Filing of, and Acting on, Complaints. - (1) An air carrier,

computer reservations system firm, or a department, agency, or

instrumentality of the United States Government may file a

complaint under subsection (c) or (g) of this section with the

Secretary of Transportation. The Secretary shall approve, deny, or

dismiss the complaint, set the complaint for a hearing or

investigation, or begin another proceeding proposing remedial

action not later than 60 days after receiving the complaint. The

Secretary may extend the period for acting for additional periods

totaling not more than 30 days if the Secretary decides that with

additional time it is likely that a complaint can be resolved

satisfactorily through negotiations with the government of the

foreign country or foreign entity. The Secretary must act not later

than 90 days after receiving the complaint. However, the Secretary

may extend this 90-day period for not more than an additional 90

days if, on the last day of the initial 90-day period, the

Secretary finds that -

(A) negotiations with the government have progressed to a point

that a satisfactory resolution of the complaint appears imminent;

(B) an air carrier or computer reservations system firm has not

been subjected to economic injury by the government or entity as

a result of filing the complaint; and

(C) the public interest requires additional time before the

Secretary acts on the complaint.

(2) In carrying out paragraph (1) of this subsection and

subsection (c) of this section, the Secretary of Transportation

shall -

(A) solicit the views of the Secretaries of Commerce and State

and the United States Trade Representative;

(B) give an affected air carrier or foreign air carrier

reasonable notice and an opportunity to submit written evidence

and arguments within the time limits of this subsection; and

(C) submit to the President under section 41307 or 41509(f) of

this title actions proposed by the Secretary of Transportation.

(e) Review. - (1) The Secretaries of State, the Treasury, and

Transportation and the heads of other departments, agencies, and

instrumentalities of the Government shall keep under review, to the

extent of each of their jurisdictions, each form of discrimination

or unfair competitive practice to which an air carrier is subject

when providing foreign air transportation or a computer

reservations system firm is subject when providing services with

respect to airline service. Each Secretary and head shall -

(A) take appropriate action to eliminate any discrimination or

unfair competitive practice found to exist; and

(B) request Congress to enact legislation when the authority to

eliminate the discrimination or unfair practice is inadequate.

(2) The Secretary of Transportation shall report to Congress

annually on each action taken under paragraph (1) of this

subsection and on the continuing program to eliminate

discrimination and unfair competitive practices. The Secretaries of

State and the Treasury each shall give the Secretary of

Transportation information necessary to prepare the report.

(f) Reports. - Not later than 30 days after acting on a complaint

under this section, the Secretary of Transportation shall report to

the Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate on action taken under this section on

the complaint.

(g) Actions Against Discriminatory Activity by Foreign CRS

Systems. - The Secretary of Transportation may take such actions as

the Secretary considers are in the public interest to eliminate an

activity of a foreign air carrier that owns or markets a computer

reservations system, or of a computer reservations system firm

whose principal offices are located outside the United States, when

the Secretary, on the initiative of the Secretary or on complaint,

decides that the activity, with respect to airline service -

(1) is an unjustifiable or unreasonable discriminatory,

predatory, or anticompetitive practice against a computer

reservations system firm whose principal offices are located

inside the United States; or

(2) imposes an unjustifiable or unreasonable restriction on

access of such a computer reservations system to a foreign

market.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1130; Pub. L.

104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 106-181,

title VII, Sec. 741, Apr. 5, 2000, 114 Stat. 174.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41310(a) 49 App.:1374(b). Aug. 23, 1958, Pub. L.

85-726, Sec. 404(b), 72

Stat. 760.

49 Aug. 23, 1958, Pub. L.

App.:1551(a)(4)(C) 85-726, 72 Stat. 731, Sec.

(related to 49 1601(a)(4)(C) (related to

App.:1374(b)). Sec. 404(b)); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(c), 98 Stat. 1703.

41310(b) 49 App.:1159a. June 16, 1948, ch. 473, 62

Stat. 450, Sec. 11; added

Jan. 3, 1975, Pub. L.

93-623, Sec. 3, 88 Stat.

2103; Oct. 4, 1984, Pub. L.

98-443, Sec. 9(c), 98 Stat.

1706.

41310(c) 49 App.:1159b(b)(1). Jan. 3, 1975, Pub. L.

93-623, 88 Stat. 2102, Sec.

2(b)(1), (2), (4); added

Feb. 15, 1980, Pub. L.

96-192, Sec. 23, 94 Stat.

45; Oct. 4, 1984, Pub. L.

98-443, Sec. 9(d)(2), (3),

98 Stat. 1707; Aug. 23,

1988, Pub. L. 100-418, Secs.

10011, 10012(1), (2), 102

Stat. 1573.

41310(d)(1) 49

App.:1159b(b)(2),

(4).

41310(d)(2) 49 App.:1159b(b)(3). Jan. 3, 1975, Pub. L.

93-623, 88 Stat. 2102, Sec.

2(b)(3), (e); added Aug. 23,

1988, Pub. L. 100-418, Secs.

10012(3), 10013, 102 Stat.

1573.

41310(e)(1) 49 App.:1159b(a). Jan. 3, 1975, Pub. L.

93-623, Sec. 2(a), 88 Stat.

2102; Oct. 4, 1984, Pub. L.

98-443, Sec. 9(d)(1), 98

Stat. 1706.

49 App.:1159b(c). Jan. 3, 1975, Pub. L.

93-623, Sec. 2(c), 88 Stat.

2103; Feb. 15, 1980, Pub. L.

96-192, Sec. 23, 94 Stat. 45.

41310(e)(2) 49 App.:1159b(d). Jan. 3, 1975, Pub. L.

93-623, Sec. 2(d), 88 Stat.

2103; Feb. 15, 1980, Pub. L.

96-192, Sec. 23, 94 Stat.

45; Oct. 4, 1984, Pub. L.

98-443, Sec. 9(d)(2), (4),

98 Stat. 1707.

41310(f) 49 App.:1159b(e).

--------------------------------------------------------------------

In subsection (a), the words "may not subject . . . to

unreasonable discrimination" are substituted for "No . . . shall

make, give, or cause any undue or unreasonable preference or

advantage . . . in any respect whatsoever or subject . . . to any

unjust discrimination or any undue or unreasonable prejudice or

disadvantage in any respect whatsoever" to eliminate unnecessary

words. The words "foreign air transportation" are substituted for

"air transportation" because 49 App.:1551(a)(4)(C) provides that 49

App.:1374 no longer applies to interstate or overseas air

transportation except insofar as 49 App.:1374 requires air carriers

to provide safe and adequate service.

In subsection (b)(1), the words "at any time", "unreasonably

exceed comparable charges for furnishing such airport property or

airway property in the United States or are otherwise" and "reduce

such charges or" are omitted as surplus. The words "the Secretary

of State shall promptly report such instances to" are omitted as

surplus because the Secretary of Transportation is involved in the

negotiations and aware of the failure to end the discrimination.

The words "excessive or" are omitted as surplus. The words "or

carriers" are omitted because of 1:1.

In subsection (b)(2), the words "in accordance with such

regulations as he shall adopt" are omitted as surplus because of

49:322(a). The words "by them" are omitted as surplus.

In subsections (c)-(e), the words "United States" before "air

carriers" and "air carrier" are omitted as surplus and for

consistency because only a citizen of the United States may be an

"air carrier" as defined in section 40102(a) of the revised title

and because 49 App.:1301 applies to this section.

In subsections (c)(1) and (d)(1), before each clause (A), the

words "foreign entity" and "entity" are substituted for

"instrumentality" for consistency in the revised title and with

other titles of the United States Code.

In subsection (c)(2), the words "alteration", "cancellation",

"limitation", and "pursuant to the powers of the Secretary" are

omitted as surplus.

In subsection (d)(1), before clause (A), the words "department,

agency, or instrumentality of the United States Government" are

substituted for "agency of the Government of the United States" for

consistency in the revised title and with other titles of the Code.

The words "additional periods totaling not more than 30 days" are

substituted for "an additional period or periods of up to 30 days

each" for clarity because the amendment made by section 10111 of

the Omnibus Trade and Competitiveness Act of 1988 (Public Law

100-418, 102 Stat. 1573) changed the additional period within which

the Secretary had to act to only 30 days. The word "initial" is

added for clarity.

In subsection (d)(2)(A), the words "the Secretaries of Commerce

and State and the United States Trade Representative" are

substituted for "the Department of State, the Department of

Commerce, and the Office of the United States Trade Representative"

because of 15:1501, 22:2651, and 19:2171, respectively.

In subsection (d)(2)(B), the words "as is consistent with acting

on the complaint" are omitted as surplus.

In subsection (e)(1), before clause (A), the text of 49

App.:1159b(a) (1st, 2d sentences) is omitted as executed. The words

"The Secretaries of State, the Treasury, and Transportation" are

substituted for "The Department of State, the Department of the

Treasury, the Department of Transportation" because of 22:2651,

31:301(b), and 49:102(b), respectively. The words "the heads of"

and "instrumentalities of the Government" are added for consistency

in the revised title and with other titles of the Code. The word

"jurisdictions" is substituted for "respective functions" for

clarity and consistency. In clause (A), the words "within its

jurisdiction . . . such forms of" are omitted as surplus. Clause

(B) is substituted for 49 App.:1159b(c) to eliminate unnecessary

words.

In subsection (e)(2), the words "faced by United States carriers

in foreign air transportation", "as may be", and "required by this

subsection" are omitted as surplus.

AMENDMENTS

2000 - Subsec. (d)(1). Pub. L. 106-181, Sec. 741(b)(1)(A), (B),

in first sentence of introductory provisions, substituted "air

carrier, computer reservations system firm," for "air carrier" and

"subsection (c) or (g)" for "subsection (c)".

Subsec. (d)(1)(B). Pub. L. 106-181, Sec. 741(b)(1)(C),

substituted "air carrier or computer reservations system firm" for

"air carrier".

Subsec. (e)(1). Pub. L. 106-181, Sec. 741(b)(2), inserted "or a

computer reservations system firm is subject when providing

services with respect to airline service" before period at end of

first sentence.

Subsec. (g). Pub. L. 106-181, Sec. 741(a), added subsec. (g).

1996 - Subsec. (f). Pub. L. 104-287 substituted "Transportation

and Infrastructure" for "Public Works and Transportation".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by 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.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(e)(2) of this section relating to the requirement that the

Secretary of Transportation report annually to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and the 21st item on

page 132 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40109, 41110, 46301 of

this title.

-End-

-CITE-

49 USC Sec. 41311 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41311. Gambling restrictions

-STATUTE-

(a) In General. - An air carrier or foreign air carrier may not

install, transport, or operate, or 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 mechanical device (including gambling

applications on electronic interactive video systems installed 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.

-SOURCE-

(Added Pub. L. 103-305, title II, Sec. 205(a)(1), Aug. 23, 1994,

108 Stat. 1583.)

-MISC1-

STUDY OF GAMBLING ON COMMERCIAL AIRCRAFT

Section 205(b) of Pub. L. 103-305 provided that: "Not later than

1 year after the date of the enactment of this Act [Aug. 23, 1994],

the Secretary shall complete a study of -

"(1) the aviation safety effects of gambling applications on

electronic interactive video systems installed on board aircraft

for passenger use, including an evaluation of the effect of such

systems on the navigational and other electronic equipment of the

aircraft, on the passengers and crew of the aircraft, and on

issues relating to the method of payment;

"(2) the competitive implications of permitting foreign air

carriers only, but not United States air carriers, to install,

transport, and operate gambling applications on electronic

interactive video systems on board aircraft in the foreign

commerce of the United States on flights over international

waters, or in fifth freedom city-pair markets; and

"(3) whether gambling should be allowed on international

flights, including proposed legislation to effectuate any

recommended changes in existing law.

The Secretary shall, within 5 days after the completion of the

study, submit a report to the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Public Works and

Transportation [now Committee on Transportation and Infrastructure]

of the House of Representatives on the results of the study."

-End-

-CITE-

49 USC Sec. 41312 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41312. Ending or suspending foreign air transportation

-STATUTE-

(a) General. - An air carrier holding a certificate 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 intention to end or suspend the transportation to the

Secretary of Transportation, any community affected by that

decision, and the State authority of the State in which a

community is located; and

(2) if it is the only air carrier holding a certificate to

provide non-stop or single-plane foreign air transportation

between 2 places, may end or suspend the transportation between

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 foreign air transportation under subsection

(a) of this section when the Secretary finds the suspension is in

the public interest.

-SOURCE-

(Added Pub. L. 103-429, Sec. 6(51)(A), Oct. 31, 1994, 108 Stat.

4384; amended Pub. L. 104-287, Sec. 5(72), Oct. 11, 1996, 110 Stat.

3396.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-429

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41312(a) 49 App.:1371(j)(1) Aug. 23, 1958, Pub. L.

(1st sentence), (2). 85-726, Sec. 401(j), 72

Stat. 756, as restated Oct.

24, 1978, Pub. L. 95-504,

Sec. 19(a), 92 Stat. 1720.

49 Aug. 23, 1958, Pub. L.

App.:1551(a)(1)(D). 85-726, Sec. 1601(a)(1)(D),

as added Oct. 24, 1978,

Pub. L. 95-504, Sec. 40(a),

92 Stat. 1744.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, Sec. 1601(b)(1)(E),

as added Oct. 4, 1984, Pub.

L. 98-443, Sec. 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 convenience 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

transportation) is omitted as superseded by 49 App.:1389, restated

as subchapter II of chapter 417 of title 49.

In subsection (a)(1) and (2), the word "place" is substituted 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 substituted 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 otherwise" are

omitted as surplus. The words "when the Secretary 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.

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-287 substituted "Secretary of

Transportation" for "Secretary".

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.

-End-

-CITE-

49 USC Sec. 41313 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 413 - FOREIGN AIR TRANSPORTATION

-HEAD-

Sec. 41313. Plans to address needs of families of passengers

involved in foreign air carrier accidents

-STATUTE-

(a) Definitions. - In this section, the following definitions

apply:

(1) Aircraft accident. - The term "aircraft accident" means any

aviation disaster, regardless of its cause or suspected cause,

that occurs 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 carrier providing

foreign air transportation under this chapter shall transmit to the

Secretary of Transportation and the Chairman of the National

Transportation Safety Board a plan for addressing the needs of the

families of passengers involved in an aircraft accident that

involves an aircraft under the control of the foreign air carrier

and results in a major loss of life.

(c) Contents of Plans. - To the extent permitted by foreign law

which was in effect on the date of the enactment of this section, a

plan submitted by a foreign air carrier under subsection (b) shall

include the following:

(1) Telephone number. - A plan for publicizing a reliable,

toll-free telephone number and staff to take calls to such number

from families of passengers involved in an aircraft accident that

involves an aircraft under the control of the foreign air carrier

and results in a significant loss of life.

(2) Notification of families. - A process for notifying, in

person to the extent practicable, the families of passengers

involved in an aircraft accident that involves an aircraft under

the control of the foreign air carrier and results in a

significant loss of life before providing any public notice of

the names of such passengers. Such notice shall be provided by

using the services of -

(A) the organization designated for the accident under

section 1136(a)(2); or

(B) other suitably trained individuals.

(3) Notice provided as soon as possible. - An assurance that

the notice required by paragraph (2) shall be provided as soon as

practicable after the foreign air carrier has verified the

identity of a passenger on the foreign aircraft, whether or not

the names of all of the passengers have been verified.

(4) List of passengers. - An assurance that the foreign air

carrier shall provide, immediately upon request, and update a

list (based on the best available information at the time of the

request) of the names of the passengers aboard the aircraft

(whether or not such names have been verified), to -

(A) the director of family support services designated for

the accident under section 1136(a)(1); and

(B) the organization designated for the accident under

section 1136(a)(2).

(5) Consultation regarding disposition of remains and effects.

- An assurance that the family of each passenger will be

consulted about the disposition of any remains and personal

effects of the passenger that are within the control of the

foreign air carrier.

(6) Return of possessions. - An assurance that, if requested by

the family of a passenger, any possession (regardless of its

condition) of that passenger that is within the control of the

foreign air carrier will be returned to the family unless the

possession is needed for the accident investigation or a criminal

investigation.

(7) Unclaimed possessions retained. - An assurance that any

unclaimed possession of a passenger within the control of the

foreign air carrier will be retained by the foreign air carrier

for not less than 18 months after the date of the accident.

(8) Monuments. - An assurance that the family of each passenger

will be consulted about construction by the foreign air carrier

of any monument to the passengers built in the United States,

including any inscription on the monument.

(9) Equal treatment of passengers. - An assurance that the

treatment of the families of nonrevenue passengers will be the

same as the treatment of the families of revenue passengers.

(10) Service and assistance to families of passengers. - An

assurance that the foreign air carrier will work with any

organization designated under section 1136(a)(2) on an ongoing

basis to ensure that families of passengers receive an

appropriate level of services and assistance following an

accident.

(11) Compensation to service organizations. - An assurance that

the foreign air carrier will provide reasonable compensation to

any organization designated under section 1136(a)(2) for services

and assistance provided by the organization.

(12) Travel and care expenses. - An assurance that the foreign

air carrier will assist the family of any passenger in traveling

to the location of the accident and provide for the physical care

of the family while the family is staying at such location.

(13) Resources for plan. - An assurance that the foreign air

carrier will commit sufficient resources to carry out the plan.

(14) Substitute measures. - If a foreign air carrier does not

wish to comply with paragraph (10), (11), or (12), a description

of proposed adequate substitute measures for the requirements of

each paragraph with which the foreign air carrier does not wish

to comply.

(15) Training of employees and agents. - An assurance that the

foreign 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 accident.

(16) Consultation on carrier response not covered by plan. - An

assurance that the foreign air carrier, in the event that the

foreign air carrier volunteers assistance to United States

citizens within the United States with respect to an aircraft

accident outside the United States involving major loss of life,

the foreign air carrier (!1) will consult with the Board and the

Department of State on the provision of the assistance.

(d) Permit and Exemption Requirement. - The Secretary shall not

approve an application for a permit under section 41302 unless the

applicant has included as part of the application or request for

exemption a plan that meets the requirements of subsection (c).

(e) Limitation on Liability. - A foreign 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 foreign air carrier in

preparing or providing a passenger list pursuant to a plan

submitted by the foreign air carrier under subsection (c), unless

the liability was caused by conduct of the foreign air carrier

which was grossly negligent or which constituted intentional

misconduct.

-SOURCE-

(Added Pub. L. 105-148, Sec. 1(a), Dec. 16, 1997, 111 Stat. 2681;

amended Pub. L. 106-181, title IV, Sec. 403(a)-(c)(1), Apr. 5,

2000, 114 Stat. 130.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(c), is the date of enactment of Pub. L. 105-148, which was

approved Dec. 16, 1997.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(2). Pub. L. 106-181, Sec. 403(a), amended

heading and text of par. (2) generally. Prior to amendment, text

read as follows: "The term 'passenger' includes an employee of a

foreign air carrier or air carrier aboard an aircraft."

Subsec. (b). Pub. L. 106-181, Sec. 403(b), substituted "major"

for "significant".

Subsec. (c)(15), (16). Pub. L. 106-181, Sec. 403(c)(1), added

pars. (15) and (16).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by section 403(a) and (b) 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, Sec. 403(c)(2), Apr. 5, 2000, 114

Stat. 131, provided that: "The amendment made by paragraph (1)

[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 foreign air carrier providing

foreign air transportation under chapter 413 of title 49, United

States Code, shall submit to the Secretary [of Transportation] and

the Chairman of the National Transportation Safety Board an updated

plan under section 41313 of such title that meets the requirements

of the amendment made by paragraph (1)."

EFFECTIVE DATE

Pub. L. 105-148, Sec. 1(c), Dec. 16, 1997, 111 Stat. 2683,

provided that: "The amendments made by this section [enacting this

section] shall take effect on the 180th day following the date of

the enactment of this Act [Dec. 16, 1997]."

-FOOTNOTE-

(!1) So in original. The words "the foreign air carrier" probably

should not appear.

-End-