Title 49 — Transportation
Part A · Chapter 417 — Operations of Carriers
§ 41703. Navigation of foreign civil aircraft
Statutory text
Permitted Navigation.—
A foreign aircraft, not part of the armed forces of a foreign country, may be navigated in the United States only—
if the country of registry grants a similar privilege to aircraft of the United States;
by an airman holding a certificate or license issued or made valid by the United States Government or the country of registry;
if the Secretary of Transportation authorizes the navigation; and
if the navigation is consistent with terms the Secretary may prescribe.
Requirements for Authorizing Navigation.—
The Secretary may authorize navigation under this section only if the Secretary decides the authorization is—
in the public interest; and
consistent with any agreement between the Government and the government of a foreign country.
Providing Air Commerce.—
The Secretary may authorize an aircraft permitted to navigate in the United States under this section to provide air commerce in the United States. However, the aircraft may take on for compensation, at a place in the United States, passengers or cargo destined for another place in the United States only if—
specifically authorized under section 40109(g) of this title; or
under regulations the Secretary prescribes authorizing air carriers to provide otherwise authorized air transportation with foreign registered aircraft under lease or charter to them without crew.
Permit Requirements Not Affected.—
This section does not affect section 41301 or 41302 of this title. However, a foreign air carrier holding a permit under section 41302 does not need to obtain additional authorization under this section for an operation authorized by the permit.
Cargo in Alaska.—
In general.—
For the purposes of subsection (c), eligible cargo taken on or off any aircraft at a place in Alaska in the course of transportation of that cargo by any combination of 2 or more air carriers or foreign air carriers in either direction between a place in the United States and a place outside the United States shall not be deemed to have broken its international journey in, be taken on in, or be destined for Alaska.
Eligible cargo.—
For purposes of paragraph (1), the term “eligible cargo” means cargo transported between Alaska and any other place in the United States on a foreign air carrier (having been transported from, or thereafter being transported to, a place outside the United States on a different air carrier or foreign air carrier) that is carried—
under the code of a United States air carrier providing air transportation to Alaska;
on an air carrier way bill of an air carrier providing air transportation to Alaska;
under a term arrangement or block space agreement with an air carrier; or
under the code of a United States air carrier for purposes of transportation within the United States.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 41703
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1140
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1140Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Pub. L. 108–176 title VIII § 808 · 117 Stat. 2490
Added · 49 U.S.C. § 41703(e)
Pub. L. 108–176 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 108–176 added subsec. (e).Enacted provision · exact public law section
SEC. 808. UNITED STATES PRESENCE IN GLOBAL AIR CARGO INDUSTRY. Section 41703 is amended by adding at the end the following: “(e) Cargo in Alaska.— “(1) In general.— For the purposes of subsection (c), eligible cargo taken on or off any aircraft at a place in Alaska in the course of transportation of that cargo by any combination of 2 or more air carriers or foreign air carriers in either direction between a place in the United States and a place outside the United States shall not be deemed to have broken its international journey in, be taken on in, or be destined for Alaska. “(2) Eligible cargo.— For purposes of paragraph (1), the term ‘eligible cargo’ means cargo transported between Alaska and any other place in the United States on a foreign air carrier (having been transported from, or thereafter being transported to, a place outside the United States on a different air carrier or foreign air carrier) that is carried— “(A) under the code of a United States air carrier providing air transportation to Alaska; “(B) on an air carrier way bill of an air carrier providing air transportation to Alaska; “(C) under a term arrangement or block space agreement with an air carrier; or “(D) under the code of a United States air carrier for purposes of transportation within the United States.” .Effective date note
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
2 of 2 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 41703(a) | 49 App.:1508(b) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, § 1108(b) (1st, 2d, last sentences), 72 Stat. 798, 799. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. | |
| 41703(b) | 49 App.:1508(b) (2d sentence). | |
| 49 App.:1551(b)(1)(E). | ||
| 41703(c) | 49 App.:1508(b) (3d sentence). | Aug. 23, 1958, Pub. L. 85–726, § 1108(b) (3d sentence), 72 Stat. 799; Feb. 15, 1980, Pub. L. 96–192, § 20, 94 Stat. 43. |
| 49 App.:1551(b)(1)(E). | ||
| 41703(d) | 49 App.:1508(b) (last sentence). | |
In subsection (a), the word “country” is substituted for “nation” for consistency in the revised title and with other titles of the United States Code. In clause (3), the words “permit, order, or regulation issued” are omitted as surplus. In clause (4), the words “conditions, and limitations” are omitted as being included in “terms”.
In subsection (b)(2), the word “agreement” is substituted for “treaty, convention, or agreement” for clarity and consistency in the revised title. The words “which may be in force” are omitted as surplus. The words “or countries” are omitted because of 1:1.
In subsection (c), before clause (1), the word “place” is substituted for “point”, and the word “passengers” is substituted for “persons”, for consistency in the revised title.
In subsection (d), the word “affect” is substituted for “limit, modify, or amend” to eliminate unnecessary words.
Editorial Notes
Amendments
2003—Subsec. (e). Pub. L. 108–176 added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after , except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Credits
1994–2003 · 2 acts
- 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1140
- 2003Pub. L. 108–176, title VIII, § 808, , 117 Stat. 2588.
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 1140; Pub. L. 108–176, title VIII, § 808, , 117 Stat. 2588.)