49 U.S.C. § 41703 — Navigation of foreign civil aircraft
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 476 words · no verdicts yet
This section permits certain foreign civil aircraft to navigate in the United States and sets conditions for that permission and for carrying domestic traffic.
(a) A foreign aircraft that is not part of a foreign country’s armed forces may be navigated in the United States only if: (1) its registration country gives United States aircraft a similar privilege; (2) the airman has a certificate or license issued or made valid by the United States Government or the registration country; (3) the Secretary of Transportation authorizes the navigation; and (4) the navigation follows terms the Secretary prescribes.
(b) The Secretary may authorize navigation only if the Secretary finds that it is in the public interest and consistent with any agreement between the United States Government and the foreign government.
(c) The Secretary may authorize an aircraft allowed to navigate under this section to provide air commerce in the United States. But it may take passengers or cargo for payment at one United States place for another United States place only if section 40109(g) specifically authorizes it, or if Secretary regulations allow air carriers to provide otherwise authorized transportation using foreign-registered aircraft leased or chartered without crew.
(d) This section does not change sections 41301 or 41302. A foreign air carrier with a section 41302 permit does not need additional authorization under this section for an operation that the permit authorizes.
(e)(1) For subsection (c), eligible cargo loaded or unloaded at an Alaska place while being transported by two or more air carriers or foreign air carriers, in either direction between a United States place and a place outside the United States, is not treated as having broken its international journey in Alaska, been loaded in Alaska, or been destined for Alaska. (2) “Eligible cargo” means cargo transported between Alaska and another United States place on a foreign air carrier, after coming from or before going to a place outside the United States on a different air carrier or foreign air carrier, when it is carried: (A) under the code of a United States air carrier serving Alaska; (B) on an air-carrier waybill of a carrier serving Alaska; (C) under a term arrangement or block-space agreement with a carrier; or (D) under the code of a United States air carrier for transportation within the United States.
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.
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.
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.
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.
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.
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.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1140; Pub. L. 108–176, title VIII, § 808, Dec. 12, 2003, 117 Stat. 2588.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1140
- 2003Amended · Pub. L. 108-176 · 117 Stat. 2588
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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