UNITED STATES CODE
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
SUBPART I - GENERAL
CHAPTER 401 - GENERAL PROVISIONS
Sec. 40101. Policy
(a) Economic Regulation. - In carrying out subpart II of this
part and those provisions of subpart IV applicable in carrying out
subpart II, the Secretary of Transportation shall consider the
following matters, among others, as being in the public interest
and consistent with public convenience and necessity:
(1) assigning and maintaining safety as the highest priority in
air commerce.
(2) before authorizing new air transportation services,
evaluating the safety implications of those services.
(3) preventing deterioration in established safety procedures,
recognizing the clear intent, encouragement, and dedication of
Congress to further the highest degree of safety in air
transportation and air commerce, and to maintain the safety
vigilance that has evolved in air transportation and air commerce
and has come to be expected by the traveling and shipping public.
(4) the availability of a variety of adequate, economic,
efficient, and low-priced services without unreasonable
discrimination or unfair or deceptive practices.
(5) coordinating transportation by, and improving relations
among, air carriers, and encouraging fair wages and working
conditions.
(6) placing maximum reliance on competitive market forces and
on actual and potential competition -
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to
earn adequate profits and attract capital, considering any
material differences between interstate air transportation and
foreign air transportation.
(7) developing and maintaining a sound regulatory system that
is responsive to the needs of the public and in which decisions
are reached promptly to make it easier to adapt the air
transportation system to the present and future needs of -
(A) the commerce of the United States;
(B) the United States Postal Service; and
(C) the national defense.
(8) encouraging air transportation at major urban areas through
secondary or satellite airports if consistent with regional
airport plans of regional and local authorities, and if endorsed
by appropriate State authorities -
(A) encouraging the transportation by air carriers that
provide, in a specific market, transportation exclusively at
those airports; and
(B) fostering an environment that allows those carriers to
establish themselves and develop secondary or satellite airport
services.
(9) preventing unfair, deceptive, predatory, or anticompetitive
practices in air transportation.
(10) avoiding unreasonable industry concentration, excessive
market domination, monopoly powers, and other conditions that
would tend to allow at least one air carrier or foreign air
carrier unreasonably to increase prices, reduce services, or
exclude competition in air transportation.
(11) maintaining a complete and convenient system of continuous
scheduled interstate air transportation for small communities and
isolated areas with direct financial assistance from the United
States Government when appropriate.
(12) encouraging, developing, and maintaining an air
transportation system relying on actual and potential competition -
(A) to provide efficiency, innovation, and low prices; and
(B) to decide on the variety and quality of, and determine
prices for, air transportation services.
(13) encouraging entry into air transportation markets by new
and existing air carriers and the continued strengthening of
small air carriers to ensure a more effective and competitive
airline industry.
(14) promoting, encouraging, and developing civil aeronautics
and a viable, privately-owned United States air transport
industry.
(15) strengthening the competitive position of air carriers to
at least ensure equality with foreign air carriers, including the
attainment of the opportunity for air carriers to maintain and
increase their profitability in foreign air transportation.
(16) ensuring that consumers in all regions of the United States,
including those in small communities and rural and remote areas,
have access to affordable, regularly scheduled air service.
(b) All-Cargo Air Transportation Considerations. - In carrying
out subpart II of this part and those provisions of subpart IV
applicable in carrying out subpart II, the Secretary of
Transportation shall consider the following matters, among others
and in addition to the matters referred to in subsection (a) of
this section, as being in the public interest for all-cargo air
transportation:
(1) encouraging and developing an expedited all-cargo air
transportation system provided by private enterprise and
responsive to -
(A) the present and future needs of shippers;
(B) the commerce of the United States; and
(C) the national defense.
(2) encouraging and developing an integrated transportation
system relying on competitive market forces to decide the extent,
variety, quality, and price of services provided.
(3) providing services without unreasonable discrimination,
unfair or deceptive practices, or predatory pricing.
(c) General Safety Considerations. - In carrying out subpart III
of this part and those provisions of subpart IV applicable in
carrying out subpart III, the Administrator of the Federal Aviation
Administration shall consider the following matters:
(1) the requirements of national defense and commercial and
general aviation.
(2) the public right of freedom of transit through the
navigable airspace.
(d) Safety Considerations in Public Interest. - In carrying out
subpart III of this part and those provisions of subpart IV
applicable in carrying out subpart III, the Administrator shall
consider the following matters, among others, as being in the
public interest:
(1) assigning, maintaining, and enhancing safety and security
as the highest priorities in air commerce.
(2) regulating air commerce in a way that best promotes safety
and fulfills national defense requirements.
(3) encouraging and developing civil aeronautics, including new
aviation technology.
(4) controlling the use of the navigable airspace and
regulating civil and military operations in that airspace in the
interest of the safety and efficiency of both of those
operations.
(5) consolidating research and development for air navigation
facilities and the installation and operation of those
facilities.
(6) developing and operating a common system of air traffic
control and navigation for military and civil aircraft.
(7) providing assistance to law enforcement agencies in the
enforcement of laws related to regulation of controlled
substances, to the extent consistent with aviation safety.
(e) International Air Transportation. - In formulating United
States international air transportation policy, the Secretaries of
State and Transportation shall develop a negotiating policy
emphasizing the greatest degree of competition compatible with a
well-functioning international air transportation system, including
the following:
(1) strengthening the competitive position of air carriers to
ensure at least equality with foreign air carriers, including the
attainment of the opportunity for air carriers to maintain and
increase their profitability in foreign air transportation.
(2) freedom of air carriers and foreign air carriers to offer
prices that correspond to consumer demand.
(3) the fewest possible restrictions on charter air
transportation.
(4) the maximum degree of multiple and permissive international
authority for air carriers so that they will be able to respond
quickly to a shift in market demand.
(5) eliminating operational and marketing restrictions to the
greatest extent possible.
(6) integrating domestic and international air transportation.
(7) increasing the number of nonstop United States gateway
cities.
(8) opportunities for carriers of foreign countries to increase
their access to places in the United States if exchanged for
benefits of similar magnitude for air carriers or the traveling
public with permanent linkage between rights granted and rights
given away.
(9) eliminating discrimination and unfair competitive practices
faced by United States airlines in foreign air transportation,
including -
(A) excessive landing and user fees;
(B) unreasonable ground handling requirements;
(C) unreasonable restrictions on operations;
(D) prohibitions against change of gauge; and
(E) similar restrictive practices.
(10) promoting, encouraging, and developing civil aeronautics
and a viable, privately-owned United States air transport
industry.
(f) Strengthening Competition. - In selecting an air carrier to
provide foreign air transportation from among competing applicants,
the Secretary of Transportation shall consider, in addition to the
matters specified in subsections (a) and (b) of this section, the
strengthening of competition among air carriers operating in the
United States to prevent unreasonable concentration in the air
carrier industry.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1094; Pub. L.
104-264, title IV, Sec. 401(a), Oct. 9, 1996, 110 Stat. 3255.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at
Large)
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40101(a) 49 App.:1302(a). Aug. 23, 1958, Pub.
L. 85-726, Sec.
102(a), 72 Stat.
740; Nov. 9, 1977,
Pub. L. 95-163,
Sec. 16(b)(1), (2),
91 Stat. 1284; Oct.
24, 1978, Pub. L.
95-504, Sec. 3(a),
92 Stat. 1705;
restated Feb. 15,
1980, Pub. L. 96-
192, Sec. 2, 94
Stat. 35.
49 Aug. 23, 1958, Pub.
App.:1551(b)(1)(E). L. 85-726, 72 Stat.
731, Sec.
1601(b)(1)(E);
added Oct. 4, 1984,
Pub. L. 98-443,
Sec. 3(e), 98 Stat.
1704.
40101(b) 49 App.:1302(b). Aug. 23, 1958, Pub.
L. 85-726, 72 Stat.
731, Sec. 102(b);
added Nov. 9, 1977,
Pub. L. 95-163,
Sec. 16(b)(3), 91
Stat. 1284.
49
App.:1551(b)(1)(E).
40101(c) 49 App.:1347. Aug. 23, 1958, Pub.
L. 85-726, Sec.
306, 72 Stat. 749.
49 App.:1655(c)(1). Oct. 15, 1966, Pub.
L. 89-670, Sec.
6(c)(1), 80 Stat.
938; Jan. 12, 1983,
Pub. L. 97-449,
Sec. 7(b), 96 Stat.
2444.
40101(d) 49 App.:1303. Aug. 23, 1958, Pub.
L. 85-726, Sec.
103, 72 Stat. 740;
Nov. 18, 1988, Pub.
L. 100-690, Sec.
7202(b), 102 Stat.
4424.
49 App.:1655(c)(1).
40101(e) 49 App.:1502(b). Aug. 23, 1958, Pub.
L. 85-726, 72 Stat.
731, Sec. 1102(b);
added Feb. 15,
1980, Pub. L. 96-
192, Sec. 17, 94
Stat. 42.
49
App.:1551(b)(1)(E).
40101(f) 49 App.:1302(c). Aug. 23, 1958, Pub.
L. 85-726, 72 Stat.
731, Sec. 102(c);
added Oct. 31,
1992, Pub. L. 102-
581, Sec. 205, 106
Stat. 4894.
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In this part, the words ''overseas air commerce'' and ''overseas
air transportation'' are omitted as obsolete because there no
longer is a distinction in economic or safety regulation between
''interstate'' and ''overseas'' air commerce or air transportation.
In this section, the words ''In carrying out . . . this part''
are substituted for ''In the exercise and performance of its powers
and duties under this chapter'' in 49 App.:1302(a), ''In the
exercise and performance of his powers and duties under this
chapter'' in 49 App.:1303, and ''In exercising the authority
granted in, and discharging the duties imposed by, this chapter''
in 49 App.:1347 for consistency in the revised title and to
eliminate unnecessary words.
In subsections (a) and (b), the reference to subpart II is added
because the policy applies only to economic issues, and under the
Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 731), the
Civil Aeronautics Board was given responsibility for economic
issues.
In subsection (a)(2), the word ''full'' is omitted as surplus.
The words ''the recommendations of the Secretary of Transportation
on'' are omitted as obsolete because the Secretary carries out 49
App.:1302(a). The words ''and full evaluation of any report or
recommendation submitted under section 1307 of this Appendix'' are
omitted as obsolete because the report and recommendations are no
longer required.
In subsection (a)(4), the words ''by air carriers and foreign air
carriers'' are omitted as surplus. The words ''unreasonable
discrimination'' are substituted for ''unjust discriminations,
undue preferences or advantages'' for consistency in the revised
title and to eliminate unnecessary words.
In subsection (a)(6)(B), the words ''nevertheless'', ''on the one
hand'', and ''on the other'' are omitted as surplus.
In subsection (a)(8), before subclause (A), the word
''authorities'' is substituted for ''entities'' for consistency in
the revised title and with other titles of the Code. In subclause
(A), the words ''sole responsibility'' are omitted as unnecessary
because of the restatement.
In subsection (a)(15), the words ''United States'' are omitted as
surplus because of the definition of ''air carrier'' in section
40102(a) of the revised title.
In subsection (b)(3), the words ''unreasonable discrimination''
are substituted for ''unjust discriminations, undue preferences or
advantages'' for consistency in the revised title and to eliminate
unnecessary words.
In subsections (c) and (d), the reference to subpart III is added
because the policies apply only to safety issues, and under the
Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 731), the
Federal Aviation Administration was given responsibility for safety
issues.
In subsection (c), before clause (1), the word ''Administrator''
in section 306 of the Federal Aviation Act of 1958 (Public Law
85-726, 72 Stat. 749) is retained on authority of 49:106(g). The
words ''consider the following matters'' are substituted for ''give
full consideration to'' for consistency in this section.
In subsection (d)(3), the word ''both'' in 49 App.:1303(c) is
omitted as surplus the first time it appears. The words ''of the
United States'' are omitted for consistency in the revised title
and because of the definition of ''navigable airspace'' in section
40102(a) of the revised title. The words ''of those operations''
are added for clarity.
In subsection (d)(5), the word ''both'' in 49 App.:1303(e) is
omitted as surplus.
In subsection (e), before clause (1), the words ''the Congress
intends that'' are omitted as surplus. In clauses (1) and (4), the
words ''United States'' are omitted as surplus because of the
definition of ''air carrier'' in section 40102(a) of the revised
title. In clause (2), the word ''prices'' is substituted for
''fares and rates'' because of the definition of ''price'' in
section 40102(a). In clause (8), the words ''places in the United
States'' are substituted for ''United States points'' for
consistency in this chapter. The word ''air'' is added for clarity
and consistency in this subtitle. In clause (9)(C), the word
''unreasonable'' is substituted for ''undue'' for consistency in
the revised title and with other titles of the United States Code.
AMENDMENTS
1996 - Subsec. (d)(1). Pub. L. 104-264, Sec. 401(a)(1)(B), added
par. (1). Former par. (1) redesignated (2).
Subsec. (d)(2). Pub. L. 104-264, Sec. 401(a)(1)(A), (2)(A),
redesignated par. (1) as (2) and struck out ''its development and''
after ''best promotes''. Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 104-264, Sec. 401(a)(1)(A), (2)(B),
redesignated par. (2) as (3) and substituted ''encouraging and
developing civil aeronautics, including new aviation technology''
for ''promoting, encouraging, and developing civil aeronautics''.
Former par. (3) redesignated (4).
Subsec. (d)(4) to (7). Pub. L. 104-264, Sec. 401(a)(1)(A),
redesignated pars. (3) to (6) as (4) to (7), respectively.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L.
104-264 applicable 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 a note under section 106 of this title.
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106-6, Sec. 1, Mar. 31, 1999, 113 Stat. 10, provided
that: ''This Act (amending sections 106, 44310, 47104, 47115 to
47117, 48101, and 48103 of this title) may be cited as the 'Interim
Federal Aviation Administration Authorization Act'.''
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-155, Sec. 1, Feb. 11, 1998, 112 Stat. 5, provided
that: ''This Act (amending section 48102 of this title and enacting
provisions set out as a note under section 48102 of this title) may
be cited as the 'FAA Research, Engineering, and Development
Authorization Act of 1998'.''
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-137, Sec. 1, Dec. 2, 1997, 111 Stat. 2640, provided
that: ''This Act (amending sections 40102, 44302, 44305, 44306,
44308, and 44310 of this title and enacting provisions set out as a
note under section 44310 of this title) may be cited as the
'Aviation Insurance Reauthorization Act of 1997'.''
SHORT TITLE OF 1996 AMENDMENT
Section 1(a) of Pub. L. 104-264 provided that: ''This Act (see
Tables for classification) may be cited as the 'Federal Aviation
Reauthorization Act of 1996'.''
Section 201 of title II of Pub. L. 104-264 provided that: ''This
title (enacting sections 40121, 40122, 45301, 45303, 48111, and
48201 of this title, amending sections 106 and 41742 of this title,
renumbering section 45303 of this title as section 45304, repealing
former section 45301 of this title, and enacting provisions set out
as notes under this section and sections 106, 40110, and 41742 of
this title) may be cited as the 'Air Traffic Management System
Performance Improvement Act of 1996'.''
Section 278(a) of Pub. L. 104-264 provided that: ''This section
(amending section 41742 of this title and enacting provisions set
out as a note under section 41742 of this title) may be cited as
the 'Rural Air Service Survival Act'.''
Section 501 of title V of Pub. L. 104-264 provided that: ''This
title (amending sections 30305, 44936, and 46301 of this title and
enacting provisions set out as notes under sections 30305 and 44935
of this title) may be cited as the 'Pilot Records Improvement Act
of 1996'.''
Section 601 of title VI of Pub. L. 104-264 provided that: ''This
title (enacting section 44724 of this title) may be cited as the
'Child Pilot Safety Act'.''
Section 701 of title VII of Pub. L. 104-264 provided that: ''This
title (enacting sections 1136 and 41113 of this title and
provisions set out as notes under section 41113 of this title) may
be cited as the 'Aviation Disaster Family Assistance Act of
1996'.''
Section 801 of title VIII of Pub. L. 104-264 provided that:
''This title (enacting section 47133 of this title, amending
sections 46301 and 47107 of this title and section 9502 of Title
26, Internal Revenue Code, and enacting provisions set out as notes
under section 47107 of this title) may be cited as the 'Airport
Revenue Protection Act of 1996'.''
Section 1101 of title XI of Pub. L. 104-264 provided that: ''This
title (amending sections 44501, 44508, and 48102 of this title) may
be cited as the 'FAA Research, Engineering, and Development
Management Reform Act of 1996'.''
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-305, Sec. 1(a), Aug. 23, 1994, 108 Stat. 1569,
provided that: ''This Act (enacting sections 41311, 41714, 41715,
47129, 47130, and 47509 of this title, amending sections 106,
10521, 11501, 40102, 40113, 40116, 40117, 41713, 41734, 44502,
44505, 44938, 45301, 46301, 47101, 47102, 47104 to 47107, 47109 to
47111, 47115, 47117 to 47119, 47504, 48101 to 48104, and 48108 of
this title and section 9502 of Title 26, Internal Revenue Code,
renumbering former section 47129 of this title as section 47131 of
this title, enacting provisions set out as notes under this section
and sections 10521, 11501, 40102, 40105, 40117, 41311, 41715,
44502, 45102, 47101, 47107, 47124, and 49101 of this title, and
repealing provisions set out as a note under section 1348 of former
Title 49, Transportation) may be cited as the 'Federal Aviation
Administration Authorization Act of 1994'.''
Pub. L. 103-305, title III, Sec. 301, Aug. 23, 1994, 108 Stat.
1589, provided that: ''This title (enacting section 47509 of this
title, amending sections 44505 and 48102 of this title, and
enacting provisions set out as notes under this section and section
49101 of this title) may be cited as the 'Federal Aviation
Administration Research, Engineering, and Development Authorization
Act of 1994'.''
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 106, 40105, 40118, 41109,
47101 of this title; title 39 section 5402.