SUBTITLE VII–AVIATION PROGRAMS

PART A-AIR COMMERCE AND SAFETY

SUBPART I–GENERAL CHAPTER 401. GENERAL PROVISIONS

Sec. 40101

SUBPART II—ECONOMIC REGULATION 411. AIR CARRIER CERTIFICATES 413. FOREIGN AIR TRANSPORTATION 415. PRICING 417. OPERATIONS OF CARRIERS 419. TRANSPORTATION OF MAIL 421. LABOR-MANAGEMENT PROVISIONS

41101 41301 41501 41701 41901 42101

SUBPART III-SAFETY 441. REGISTRATION AND RECORDATION OF AIRCRAFT 443. INSURANCE 445. FACILITIES, PERSONNEL, AND RESEARCH 447. SAFETY REGULATION 449. SECURITY 451. ALCOHOL AND CONTROLLED SUBSTANCES TESTING 453. FEES

44101 44301 44501 44701 44901 45101 45301

SUBPART IV-ENFORCEMENT AND PENALTIES 461. INVESTIGATIONS AND PROCEEDINGS

46101 463. PENALTIES

46301 465. SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES ... 46501

PART B-AIRPORT DEVELOPMENT AND NOISE 471. AIRPORT DEVELOPMENT 473. INTERNATIONAL AIRPORT FACILITIES 475. NOISE

47101 47301 47501

PART C-FINANCING 481. AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS

48101 482. ADVANCE APPROPRIATIONS FOR AIRPORT AND AIRWAY TRUST FACILITIES

48201 483. Aviation Security Funding

PART AGAIR COMMERCE AND SAFETY

SUBPART 1-GENERAL

CHAPTER 401–GENERAL PROVISIONS

Sec.
40101. Policy.
40102. Definitions.
40103. Sovereignty and use of airspace.
40104. Promotion of civil aeronautics and safety of air commerce.
40105. International negotiations, agreements, and obligations.
40106. Emergency powers:
40107. Presidential transfers.
40108. Training schools.
40109. Authority to exempt.
40110. General procurement authority.
40111. Multiyear procurement contracts for services and related items.
40112. Multiyear procurement contracts for property.
40113. Administrative.
40114. Reports and records.
40115. Withholding information.
40116. State taxation.
40117. Passenger facility fees.
40118. Government-financed air transportation.
40119. Security and research and development activities.
40120. Relationship to other laws.
40121. Air traffic control modernization reviews.
40122. Federal Aviation Administration personnel management system.
40123. Protection of voluntarily submitted information.
40124. Interstate agreements for airport facilities.
40125. Qualifications for public aircraft status.
40126. Severable services contracts for periods crossing fiscal years.
40127. Prohibitions on discrimination.
40128. Overflights of national parks.
$ 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 transpor-
tation 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: