1. U.S. Code
  2. title 49
  3. subtitle VII
  4. part A
  5. subpartii
  6. chapter 417
  7. subchapter I
  8. § 41705

Collapse to view only § 41705. Discrimination against individuals with disabilities

§ 41701. Classification of air carriers
The Secretary of Transportation may establish—
(1) reasonable classifications for air carriers when required because of the nature of the transportation provided by them; and
(2) reasonable requirements for each class when the Secretary decides those requirements are necessary in the public interest.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1140.)

CITE AS: 49 USC 41701

§ 41702. Interstate air transportation

An air carrier shall provide safe and adequate interstate air transportation.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1140.)

CITE AS: 49 USC 41702

§ 41703. Navigation of foreign civil aircraft
(a)Permitted Navigation.—A foreign aircraft, not part of the armed forces of a foreign country, may be navigated in the United States only—
(1) if the country of registry grants a similar privilege to aircraft of the United States;
(2) by an airman holding a certificate or license issued or made valid by the United States Government or the country of registry;
(3) if the Secretary of Transportation authorizes the navigation; and
(4) if the navigation is consistent with terms the Secretary may prescribe.
(b)Requirements for Authorizing Navigation.—The Secretary may authorize navigation under this section only if the Secretary decides the authorization is—
(1) in the public interest; and
(2) consistent with any agreement between the Government and the government of a foreign country.
(c)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—
(1) specifically authorized under section 40109(g) of this title; or
(2) 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.
(d)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.
(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.
(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.)

CITE AS: 49 USC 41703

§ 41704. Transporting property not to be transported in aircraft cabins

Under regulations or orders of the Secretary of Transportation, an air carrier shall transport as baggage the property of a passenger traveling in air transportation that may not be carried in an aircraft cabin because of a law or regulation of the United States. The carrier is liable to pay an amount not more than the amount declared to the carrier by that passenger for actual loss of, or damage to, the property caused by the carrier. The carrier may impose reasonable charges and conditions for its liability.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141.)

CITE AS: 49 USC 41704

§ 41705. Discrimination against individuals with disabilities
(a)In General.—In providing air transportation, an air carrier, including (subject to section 40105(b)) any foreign air carrier, may not discriminate against an otherwise qualified individual on the following grounds:
(1) the individual has a physical or mental impairment that substantially limits one or more major life activities.
(2) the individual has a record of such an impairment.
(3) the individual is regarded as having such an impairment.
(b)Each Act Constitutes Separate Offense.—For purposes of section 46301, a separate violation occurs under this section for each individual act of discrimination prohibited by subsection (a).
(c)Investigation of Complaints.—
(1)In general.—The Secretary shall—
(A) not later than 120 days after the receipt of any complaint of a violation of this section or a regulation prescribed under this section, investigate such complaint; and
(B) provide, in writing, to the individual that filed the complaint and the air carrier or foreign air carrier alleged to have violated this section or a regulation prescribed under this section, the determination of the Secretary with respect to—
(i) whether the air carrier or foreign air carrier violated this section or a regulation prescribed under this section;
(ii) the facts underlying the complaint; and
(iii) any action the Secretary is taking in response to the complaint.
(2)Publication of data.—The Secretary shall publish disability-related complaint data in a manner comparable to other consumer complaint data.
(3)Review and report.—The Secretary shall regularly review all complaints received by air carriers alleging discrimination on the basis of disability and shall report annually to Congress on the results of such review.
(4)Technical assistance.—Not later than 180 days after the date of the enactment of this subsection, the Secretary shall—
(A) implement a plan, in consultation with the Department of Justice, the United States Architectural and Transportation Barriers Compliance Board, and the National Council on Disability, to provide technical assistance to air carriers and individuals with disabilities in understanding the rights and responsibilities set forth in this section; and
(B) ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, § 707(a), Apr. 5, 2000, 114 Stat. 158; Pub. L. 108–176, title V, § 503(d)(1), Dec. 12, 2003, 117 Stat. 2559; Pub. L. 118–63, title V, §§ 549, 550(c), May 16, 2024, 138 Stat. 1212.)

CITE AS: 49 USC 41705

§ 41706. Prohibitions against smoking on passenger flights
(a)Smoking Prohibition in Interstate and Intrastate Air Transportation.—An individual may not smoke—
(1) in an aircraft in scheduled passenger interstate or intrastate air transportation; or
(2) in an aircraft in nonscheduled passenger interstate or intrastate air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator of the Federal Aviation Administration).
(b)Smoking Prohibition in Foreign Air Transportation.—The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit smoking—
(1) in an aircraft in scheduled passenger foreign air transportation; and
(2) in an aircraft in nonscheduled passenger foreign air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator or a foreign government).
(c)Limitation on Applicability.—
(1)In general.—If a foreign government objects to the application of subsection (b) on the basis that subsection (b) provides for an extraterritorial application of the laws of the United States, the Secretary shall waive the application of subsection (b) to a foreign air carrier licensed by that foreign government at such time as an alternative prohibition negotiated under paragraph (2) becomes effective and is enforced by the Secretary.
(2)Alternative prohibition.—If, pursuant to paragraph (1), a foreign government objects to the prohibition under subsection (b), the Secretary shall enter into bilateral negotiations with the objecting foreign government to provide for an alternative smoking prohibition.
(d)Electronic Cigarettes.—
(1)Inclusion.—The use of an electronic cigarette shall be treated as smoking for purposes of this section.
(2)Electronic cigarette defined.—In this section, the term “electronic cigarette” means a device that delivers nicotine to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.
(e)Regulations.—The Secretary shall prescribe such regulations as are necessary to carry out this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, § 708(a), Apr. 5, 2000, 114 Stat. 159; Pub. L. 112–95, title IV, § 401(a), Feb. 14, 2012, 126 Stat. 83; Pub. L. 115–254, div. B, title IV, § 409, Oct. 5, 2018, 132 Stat. 3331.)

CITE AS: 49 USC 41706

§ 41707. Incorporating contract terms into written instrument

To the extent the Secretary of Transportation prescribes by regulation, an air carrier may incorporate by reference in a ticket or written instrument any term of the contract for providing interstate air transportation.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141.)

CITE AS: 49 USC 41707

§ 41708. Reports
(a)Application.—To the extent the Secretary of Transportation finds necessary to carry out this subpart, this section and section 41709 of this title apply to a person controlling an air carrier or affiliated (within the meaning of section 11343(c) of this title) with a carrier.
(b)Requirements.—The Secretary may require an air carrier or foreign air carrier—
(1)
(A) to file annual, monthly, periodical, and special reports with the Secretary in the form and way prescribed by the Secretary; and
(B) to file the reports under oath;
(2) to provide specific answers to questions on which the Secretary considers information to be necessary; and
(3) to file with the Secretary a copy of each agreement, arrangement, contract, or understanding between the carrier and another carrier or person related to transportation affected by this subpart.
(c)Diverted and Cancelled Flights.—
(1)Monthly reports.—The Secretary shall require an air carrier referred to in paragraph (2) to file with the Secretary a monthly report on each flight of the air carrier that is diverted from its scheduled destination to another airport and each flight of the air carrier that departs the gate at the airport at which the flight originates but is cancelled before wheels-off time.
(2)Applicability.—An air carrier that is required to file a monthly airline service quality performance report pursuant to part 234 of title 14, Code of Federal Regulations, shall be subject to the requirement of paragraph (1).
(3)Contents.—A monthly report filed by an air carrier under paragraph (1) shall include, at a minimum, the following information:
(A) For a diverted flight—
(i) the flight number of the diverted flight;
(ii) the scheduled destination of the flight;
(iii) the date and time of the flight;
(iv) the airport to which the flight was diverted;
(v) wheels-on time at the diverted airport;
(vi) the time, if any, passengers deplaned the aircraft at the diverted airport; and
(vii) if the flight arrives at the scheduled destination airport—(I) the gate-departure time at the diverted airport;(II) the wheels-off time at the diverted airport;(III) the wheels-on time at the scheduled arrival airport; and(IV) the gate-arrival time at the scheduled arrival airport.
(B) For flights cancelled after gate departure—
(i) the flight number of the cancelled flight;
(ii) the scheduled origin and destination airports of the cancelled flight;
(iii) the date and time of the cancelled flight;
(iv) the gate-departure time of the cancelled flight; and
(v) the time the aircraft returned to the gate.
(4)Publication.—The Secretary shall compile the information provided in the monthly reports filed pursuant to paragraph (1) in a single monthly report and publish such report on the Internet Web site of the Department of Transportation.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 112–95, title IV, § 402(a), Feb. 14, 2012, 126 Stat. 83.)

CITE AS: 49 USC 41708

§ 41709. Records of air carriers
(a)Requirements.—The Secretary of Transportation shall prescribe the form of records to be kept by an air carrier, including records on the movement of traffic, receipts and expenditures of money, and the time period during which the records shall be kept. A carrier may keep only records prescribed or approved by the Secretary. However, a carrier may keep additional records if the additional records do not impair the integrity of the records prescribed or approved by the Secretary and are not an unreasonable financial burden on the carrier.
(b)Inspection.—
(1) The Secretary at any time may—
(A) inspect the land, buildings, and equipment of an air carrier or foreign air carrier when necessary to decide under subchapter II of this chapter or section 41102, 41103, or 41302 of this title whether a carrier is fit, willing, and able; and
(B) inspect records kept or required to be kept by an air carrier, foreign air carrier, or ticket agent.
(2) The Secretary may employ special agents or auditors to carry out this subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1142.)

CITE AS: 49 USC 41709

§ 41710. Time requirements
When a matter requiring action of the Secretary of Transportation is submitted under section 40109(a) or (c)–(h), 41309, or 42111 of this title and an evidentiary hearing—
(1) is ordered, the Secretary shall make a final decision on the matter not later than the last day of the 12th month that begins after the date the matter is submitted; or
(2) is not ordered, the Secretary shall make a final decision on the matter not later than the last day of the 6th month that begins after the date the matter is submitted.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1142.)

CITE AS: 49 USC 41710

§ 41711. Air carrier management inquiry and cooperation with other authorities
In carrying out this subpart, the Secretary of Transportation may—
(1) inquire into the management of the business of an air carrier and obtain from the air carrier, and a person controlling, controlled by, or under common control with the carrier, information the Secretary decides reasonably is necessary to carry out the inquiry;
(2) confer and hold a joint hearing with a State authority; and
(3) exchange information related to aeronautics with a government of a foreign country through appropriate departments, agencies, and instrumentalities of the United States Government.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1142.)

CITE AS: 49 USC 41711

§ 41712. Unfair and deceptive practices and unfair methods of competition
(a)In General.—On the initiative of the Secretary of Transportation or the complaint of an air carrier, foreign air carrier, air ambulance consumer (as defined by the Secretary of Transportation), or ticket agent, and if the Secretary considers it is in the public interest, the Secretary may investigate and decide whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation or the sale of air transportation. If the Secretary, after notice and an opportunity for a hearing, finds that an air carrier, foreign air carrier, or ticket agent is engaged in an unfair or deceptive practice or unfair method of competition, the Secretary shall order the air carrier, foreign air carrier, or ticket agent to stop the practice or method.
(b)E-Ticket Expiration Notice.—It shall be an unfair or deceptive practice under subsection (a) for any air carrier, foreign air carrier, or ticket agent utilizing electronically transmitted tickets for air transportation to fail to notify the purchaser of such a ticket of its expiration date, if any.
(c)Disclosure Requirement for Sellers of Tickets for Flights.—
(1)In general.—It shall be an unfair or deceptive practice under subsection (a) for any ticket agent, air carrier, foreign air carrier, or other person offering to sell tickets for air transportation on a flight of an air carrier to fail to disclose, whether verbally in oral communication or in writing in written or electronic communication, prior to the purchase of a ticket—
(A) the name of the air carrier providing the air transportation; and
(B) if the flight has more than one flight segment, the name of each air carrier providing the air transportation for each such flight segment.
(2)Internet offers.—In the case of an offer to sell tickets described in paragraph (1) on an Internet Web site, disclosure of the information required by paragraph (1) shall be provided on the first display of the Web site following a search of a requested itinerary in a format that is easily visible to a viewer.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 106–181, title II, § 221, Apr. 5, 2000, 114 Stat. 102; Pub. L. 111–216, title II, § 210, Aug. 1, 2010, 124 Stat. 2362; Pub. L. 115–254, div. B, title IV, § 419(b), Oct. 5, 2018, 132 Stat. 3336.)

CITE AS: 49 USC 41712

§ 41713. Preemption of authority over prices, routes, and service
(a)Definition.—In this section, “State” means a State, the District of Columbia, and a territory or possession of the United States.
(b)Preemption.—
(1) Except as provided in this subsection, a State, political subdivision of a State, or political authority of at least 2 States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air transportation under this subpart.
(2) Paragraphs (1) and (4) of this subsection do not apply to air transportation provided entirely in Alaska unless the transportation is air transportation (except charter air transportation) provided under a certificate issued under section 41102 of this title.
(3) This subsection does not limit a State, political subdivision of a State, or political authority of at least 2 States that owns or operates an airport served by an air carrier holding a certificate issued by the Secretary of Transportation from carrying out its proprietary powers and rights.
(4)Transportation by air carrier or carrier affiliated with a direct air carrier.—
(A)General rule.—Except as provided in subparagraph (B), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier or carrier affiliated with a direct air carrier through common controlling ownership when such carrier is transporting property by aircraft or by motor vehicle (whether or not such property has had or will have a prior or subsequent air movement).
(B)Matters not covered.—Subparagraph (A)—
(i) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; and
(ii) does not apply to the transportation of household goods, as defined in section 13102 of this title.
(C)Applicability of paragraph (1).—This paragraph shall not limit the applicability of paragraph (1).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 103–305, title VI, § 601(b)(1), (2)(A), Aug. 23, 1994, 108 Stat. 1605, 1606; Pub. L. 105–102, § 2(23), Nov. 20, 1997, 111 Stat. 2205.)

CITE AS: 49 USC 41713

§ 41714. Availability of slots
(a)Making Slots Available for Essential Air Service.—
(1)Operational authority.—If basic essential air service under subchapter II of this chapter is to be provided from an eligible point to a high density airport (other than Ronald Reagan Washington National Airport), the Secretary of Transportation shall ensure that the air carrier providing or selected to provide such service has sufficient operational authority at the high density airport to provide such service. The operational authority shall allow flights at reasonable times taking into account the needs of passengers with connecting flights.
(2)Exemptions.—If necessary to carry out the objectives of paragraph (1), the Secretary shall by order grant exemptions from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to air carriers using Stage 3 aircraft or to commuter air carriers, unless such an exemption would significantly increase operational delays.
(3)Assurance of access.—If the Secretary finds that an exemption under paragraph (2) would significantly increase operational delays, the Secretary shall take such action as may be necessary to ensure that an air carrier providing or selected to provide basic essential air service is able to obtain access to a high density airport.
(4)Action by the secretary.—The Secretary shall issue a final order under this subsection on or before the 60th day after receiving a request from an air carrier for operational authority under this subsection.
(b)Slots for Foreign Air Transportation.—
(1)Exemptions.—If the Secretary finds it to be in the public interest at a high density airport (other than Ronald Reagan Washington National Airport), the Secretary may grant by order exemptions from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to enable air carriers and foreign air carriers to provide foreign air transportation using Stage 3 aircraft.
(2)Slot withdrawals.—The Secretary may not withdraw a slot at Chicago O’Hare International Airport from an air carrier in order to allocate that slot to a carrier to provide foreign air transportation.
(3)Equivalent rights of access.—The Secretary shall not take a slot at a high density airport from an air carrier and award such slot to a foreign air carrier if the Secretary determines that air carriers are not provided equivalent rights of access to airports in the country of which such foreign air carrier is a citizen.
(4)Conversions of slots.—Effective May 1, 2000, slots at Chicago O’Hare International Airport allocated to an air carrier as of November 1, 1999, to provide foreign air transportation shall be made available to such carrier to provide interstate or intrastate air transportation.
(c)Slots for New Entrants.—If the Secretary finds it to be in the public interest, the Secretary may by order grant exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to enable new entrant air carriers to provide air transportation at high density airports (other than Ronald Reagan Washington National Airport).
(d)Special Rules for Ronald Reagan Washington National Airport.—
(1)In general.—Notwithstanding sections 49104(a)(5) and 49111(e) of this title, or any provision of this section, the Secretary may, only under circumstances determined by the Secretary to be exceptional, grant by order to an air carrier currently holding or operating a slot at Ronald Reagan Washington National Airport an exemption from requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at Ronald Reagan Washington National Airport), to enable that carrier to provide air transportation with Stage 3 aircraft at Ronald Reagan Washington National Airport; except that such exemption shall not—
(A) result in an increase in the total number of slots per day at Ronald Reagan Washington National Airport;
(B) result in an increase in the total number of slots at Ronald Reagan Washington National Airport from 7:00 ante meridiem to 9:59 post meridiem;
(C) increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period by more than 2 operations;
(D) result in the withdrawal or reduction of slots operated by an air carrier;
(E) result in a net increase in noise impact on surrounding communities resulting from changes in timing of operations permitted under this subsection; and
(F) continue in effect on or after the date on which the final rules issued under subsection (f) become effective.
(2)Limitation on applicability.—Nothing in this subsection shall adversely affect Exemption No. 5133, as from time-to-time amended and extended.
(e)Study.—
(1)Matters to be considered.—The Secretary shall continue the Secretary’s current examination of slot regulations and shall ensure that the examination includes consideration of—
(A) whether improvements in technology and procedures of the air traffic control system and the use of quieter aircraft make it possible to eliminate the limitations on hourly operations imposed by the high density rule contained in part 93 of title 14 of the Code of Federal Regulations or to increase the number of operations permitted under such rule;
(B) the effects of the elimination of limitations or an increase in the number of operations allowed on each of the following:
(i) congestion and delay in any part of the national aviation system;
(ii) the impact of noise on persons living near the airport;
(iii) competition in the air transportation system;
(iv) the profitability of operations of airlines serving the airport; and
(v) aviation safety;
(C) the impact of the current slot allocation process upon the ability of air carriers to provide essential air service under subchapter II of this chapter;
(D) the impact of such allocation process upon the ability of new entrant air carriers to obtain slots in time periods that enable them to provide service;
(E) the impact of such allocation process on the ability of foreign air carriers to obtain slots;
(F) the fairness of such process to air carriers and the extent to which air carriers are provided equivalent rights of access to the air transportation market in the countries of which foreign air carriers holding slots are citizens;
(G) the impact, on the ability of air carriers to provide domestic and international air service, of the withdrawal of slots from air carriers in order to provide slots for foreign air carriers; and
(H) the impact of the prohibition on slot withdrawals in subsections (b)(2) and (b)(3) of this section on the aviation relationship between the United States Government and foreign governments, including whether the prohibition in such subsections will require the withdrawal of slots from general and military aviation in order to meet the needs of air carriers and foreign air carriers providing foreign air transportation (and the impact of such withdrawal on general aviation and military aviation) and whether slots will become available to meet the needs of air carriers and foreign air carriers to provide foreign air transportation as a result of the planned relocation of Air Force Reserve units and the Air National Guard at O’Hare International Airport.
(2)Report.—Not later than January 31, 1995, the Secretary shall complete the current examination of slot regulations and shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the results of such examination.
(f)Rulemaking.—The Secretary shall conduct a rulemaking proceeding based on the results of the study described in subsection (e). In the course of such proceeding, the Secretary shall issue a notice of proposed rulemaking not later than August 1, 1995, and shall issue a final rule not later than 90 days after public comments are due on the notice of proposed rulemaking.
(g)Weekend Operations.—The Secretary shall consider the advisability of revising section 93.227 of title 14, Code of Federal Regulations, so as to eliminate weekend schedules from the determination of whether the 80 percent standard of subsection (a)(1) of that section has been met.
(h)Definitions.—In this section and sections 41715–41718 and 41734(h), the following definitions apply:
(1)Commuter air carrier.—The term “commuter air carrier” means a commuter operator as defined or applied in subpart K or S of part 93 of title 14, Code of Federal Regulations.
(2)High density airport.—The term “high density airport” means an airport at which the Administrator limits the number of instrument flight rule takeoffs and landings of aircraft.
(3)New entrant air carrier.—The term “new entrant air carrier” means an air carrier that does not hold a slot at the airport concerned and has never sold or given up a slot at that airport after December 16, 1985, and a limited incumbent carrier.
(4)Slot.—The term “slot” means a reservation for an instrument flight rule takeoff or landing by an air carrier of an aircraft in air transportation.
(5)Limited incumbent air carrier.—The term “limited incumbent air carrier” has the meaning given that term in subpart S of part 93 of title 14, Code of Federal Regulations; except that—
(A) “40” shall be substituted for “12” in sections 93.213(a)(5), 93.223(c)(3), and 93.225(h);
(B) for purposes of such sections, the term “slot” shall not include—
(i) “slot exemptions”;
(ii) slots operated by an air carrier under a fee-for-service arrangement for another air carrier, if the air carrier operating such slots does not sell flights in its own name, and is under common ownership with an air carrier that seeks to qualify as a limited incumbent and that sells flights in its own name; or
(iii) slots held under a sale and license-back financing arrangement with another air carrier, where the slots are under the marketing control of the other air carrier; and
(C) for Ronald Reagan Washington National Airport, the Administrator shall not count, for the purposes of section 93.213(a)(5), slots currently held by an air carrier but leased out on a long-term basis by that carrier for use in foreign air transportation and renounced by the carrier for return to the Department of Transportation or the Federal Aviation Administration.
(6)Regional jet.—The term “regional jet” means a passenger, turbofan-powered aircraft with a certificated maximum passenger seating capacity of less than 71.
(7)Nonhub airport.—The term “nonhub airport” means an airport that had less than .05 percent of the total annual boardings in the United States as determined under the Federal Aviation Administration’s Primary Airport Enplanement Activity Summary for Calendar Year 1997.
(8)Small hub airport.—The term “small hub airport” means an airport that had at least .05 percent, but less than .25 percent, of the total annual boardings in the United States as determined under the summary referred to in paragraph (7).
(9)Medium hub airport.—The term “medium hub airport” means an airport that each year has at least .25 percent, but less than 1.0 percent, of the total annual boardings in the United States as determined under the summary referred to in paragraph (7).
(i) 60-Day Application Process.—
(1)Request for slot exemptions.—Any slot exemption request filed with the Secretary under this section or section 41716 or 41717 (other than subsection (c)) shall include—
(A) the names of the airports to be served;
(B) the times requested; and
(C) such additional information as the Secretary may require.
(2)Action on request; failure to act.—Within 60 days after a slot exemption request under this section or section 41716 or 41717 (other than subsection (c)) is received by the Secretary, the Secretary shall—
(A) approve the request if the Secretary determines that the requirements of the section under which the request is made are met;
(B) return the request to the applicant for additional information relating to the request to provide air transportation; or
(C) deny the request and state the reasons for its denial.
(3) 60-day period tolled for timely request for more information.—If the Secretary returns under paragraph (2)(B) the request for additional information during the first 20 days after the request is filed, then the 60-day period under paragraph (2) shall be tolled until the date on which the additional information is filed with the Secretary.
(4)Failure to determine deemed approval.—If the Secretary neither approves the request under paragraph (2)(A) nor denies the request under paragraph (2)(C) within the 60-day period beginning on the date the request is received, excepting any days during which the 60-day period is tolled under paragraph (3), then the request is deemed to have been approved on the 61st day, after the request was filed with the Secretary.
(j)Exemptions May Not Be Transferred.—No exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, granted under this section or section 41716, 41717, or 41718 may be bought, sold, leased, or otherwise transferred by the carrier to which it is granted, except through an air carrier merger or acquisition.
(k)Affiliated Carriers.—For purposes of this section and sections 41716, 41717, and 41718, an air carrier that operates under the same designator code, or has or enters into a code-share agreement, with any other air carrier shall not qualify for a new slot or slot exemption as a new entrant or limited incumbent air carrier at an airport if the total number of slots and slot exemptions held by the two carriers at the airport exceed 20 slots and slot exemptions.
(Added Pub. L. 103–305, title II, § 206(a)(1), Aug. 23, 1994, 108 Stat. 1584; amended Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–66, title III, § 345, Oct. 27, 1997, 111 Stat. 1449; Pub. L. 105–102, § 2(24), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–154, § 2(a)(1)(C), (2), Feb. 6, 1998, 112 Stat. 3; Pub. L. 106–181, title II, § 231(a), (d)(2)–(4), Apr. 5, 2000, 114 Stat. 106, 112; Pub. L. 112–95, title IV, § 414(c), (d), Feb. 14, 2012, 126 Stat. 92.)

CITE AS: 49 USC 41714

§ 41715. Phase-out of slot rules at certain airports
(a)Termination.—The rules contained in subparts S and K of part 93, title 14, Code of Federal Regulations, shall not apply—
(1) after July 1, 2002, at Chicago O’Hare International Airport; and
(2) after January 1, 2007, at LaGuardia Airport or John F. Kennedy International Airport.
(b)Statutory Construction.—Nothing in this section and sections 41714 and 41716–41718 shall be construed—
(1) as affecting the Federal Aviation Administration’s authority for safety and the movement of air traffic; and
(2) as affecting any other authority of the Secretary to grant exemptions under section 41714.
(c)Factors To Consider.—
(1)In general.—Before the award of slot exemptions under sections 41714 and 41716–41718, the Secretary of Transportation may consider, among other determining factors, whether the petitioning air carrier’s proposal provides the maximum benefit to the United States economy, including the number of United States jobs created by the air carrier, its suppliers, and related activities. The Secretary should give equal consideration to the consumer benefits associated with the award of such exemptions.
(2)Applicability.—Paragraph (1) does not apply in any case in which the air carrier requesting the slot exemption is proposing to use under the exemption a type of aircraft for which there is not a competing United States manufacturer.
(Added Pub. L. 106–181, title II, § 231(b)(2), Apr. 5, 2000, 114 Stat. 108.)

CITE AS: 49 USC 41715

§ 41716. Interim slot rules at New York airports
(a)Exemptions for Air Service to Small and Nonhub Airports.—Subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports) to any air carrier to provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between LaGuardia Airport or John F. Kennedy International Airport and a small hub airport or nonhub airport—
(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;
(2) if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports during the week of November 1, 1999; or
(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was being provided during the week of November 1, 1999.
(b)Exemptions for New Entrant and Limited Incumbent Air Carriers.—Subject to section 41714(i), the Secretary shall grant, by order, exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from LaGuardia Airport or John F. Kennedy International Airport if the number of slot exemptions granted under this subsection to such air carrier with respect to such airport when added to the slots and slot exemptions held by such air carrier with respect to such airport does not exceed 20; except that the Secretary may grant not to exceed 4 additional slot exemptions at LaGuardia Airport to an incumbent air carrier operating at least 20 but not more than 28 slots at such airport as of October 1, 2004, to provide air transportation between LaGuardia Airport and a small hub airport or nonhub airport.
(c)Stage 3 Aircraft Required.—An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).
(d)Preservation of Certain Existing Slot-Related Air Service.—An air carrier that provides air transportation of passengers from LaGuardia Airport or John F. Kennedy International Airport to a small hub airport or nonhub airport, or to an airport that is smaller than a nonhub airport, on or before the date of the enactment of this subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), or where slots were issued to an air carrier conditioned on a specific airport being served, may not terminate air transportation for that route before July 1, 2003, unless—
(1) before October 1, 1999, the Secretary received a written air service termination notice for that route; or
(2) after September 30, 1999, the air carrier submits an air service termination notice under section 41719 for that route and the Secretary determines that the carrier suffered excessive losses, including substantial losses on operations on that route during any three quarters of the year immediately preceding the date of submission of the notice.
(Added Pub. L. 106–181, title II, § 231(c), Apr. 5, 2000, 114 Stat. 109; amended Pub. L. 108–447, div. H, title I, § 199, Dec. 8, 2004, 118 Stat. 3235.)

CITE AS: 49 USC 41716

§ 41717. Interim application of slot rules at Chicago O’Hare International Airport
(a)Slot Operating Window Narrowed.—Effective July 1, 2001, the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, do not apply with respect to aircraft operating before 2:45 post meridiem and after 8:14 post meridiem at Chicago O’Hare International Airport.
(b)Exemptions for Air Service to Small and Nonhub Airports.—Effective May 1, 2000, subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any air carrier to provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between Chicago O’Hare International Airport and a small hub or nonhub airport—
(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;
(2) if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports during the week of November 1, 1999; or
(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was being provided during the week of November 1, 1999.
(c)Exemptions for New Entrant and Limited Incumbent Air Carriers.—
(1)In general.—The Secretary shall grant, by order, 30 exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations, to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from Chicago O’Hare International Airport.
(2)Deadline for granting exemptions.—The Secretary shall grant an exemption under paragraph (1) within 45 days of the date of the request for such exemption if the person making the request qualifies as a new entrant air carrier or limited incumbent air carrier.
(d)Slots Used To Provide Turboprop Service.—
(1)In general.—Except as provided in paragraph (2), a slot used to provide turboprop air transportation that is replaced with regional jet air transportation under subsection (b)(3) may not be used, sold, leased, or otherwise transferred after the date the slot exemption is granted to replace the turboprop air transportation.
(2)Two-for-one exception.—An air carrier that otherwise could not use 2 slots as a result of paragraph (1) may use 1 of such slots to provide air transportation.
(3)Withdrawal of slot.—If the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that replaced the turboprop air transportation, the Secretary shall withdraw the slot that is being used under paragraph (2).
(4)Continuation.—If the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that replaced the turboprop air transportation with a regional jet, the Secretary shall withdraw the slot being used by the air carrier under paragraph (2) but shall allow the air carrier to continue to hold the exemption granted to the air carrier under subsection (b)(3).
(e)International Service at O’Hare Airport.—
(1)Termination of requirements.—Subject to paragraph (2), the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, shall be of no force and effect at Chicago O’Hare International Airport after May 1, 2000, with respect to any aircraft providing foreign air transportation.
(2)Exception relating to reciprocity.—The Secretary may limit access to Chicago O’Hare International Airport with respect to foreign air transportation being provided by a foreign air carrier domiciled in a country to which an air carrier provides nonstop air transportation from the United States if the country in which that carrier is domiciled does not provide reciprocal airport access for air carriers.
(f)Stage 3 Aircraft Required.—An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).
(g)Preservation of Certain Existing Slot-Related Air Service.—An air carrier that provides air transportation of passengers from Chicago O’Hare International Airport to a small hub airport or nonhub airport, or to an airport that is smaller than a nonhub airport, on or before the date of the enactment of this subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), or where slots were issued to an air carrier conditioned on a specific airport being served, may not terminate air transportation service for that route for a period of 1 year after the date on which those requirements cease to apply to such airport unless—
(1) before October 1, 1999, the Secretary received a written air service termination notice for that route; or
(2) after September 30, 1999, the air carrier submits an air service termination notice under section 41719 for that route and the Secretary determines that the carrier suffered excessive losses, including substantial losses on operations on that route during the calendar quarters immediately preceding submission of the notice.
(Added Pub. L. 106–181, title II, § 231(d)(1), Apr. 5, 2000, 114 Stat. 110.)

CITE AS: 49 USC 41717

§ 41718. Special rules for Ronald Reagan Washington National Airport
(a)Beyond-Perimeter Exemptions.—The Secretary shall grant, by order, 24 exemptions from the application of sections 49104(a)(5), 49109, 49111(e), and 41714 of this title to air carriers to operate limited frequencies and aircraft on select routes between Ronald Reagan Washington National Airport and domestic hub airports and exemptions from the requirements of subparts K and S of part 93, Code of Federal Regulations, if the Secretary finds that the exemptions will—
(1) provide air transportation with domestic network benefits in areas beyond the perimeter described in that section;
(2) increase competition by new entrant air carriers or in multiple markets;
(3) not reduce travel options for communities served by small hub airports and medium hub airports within the perimeter described in section 49109; and
(4) not result in meaningfully increased travel delays.
(b)Within-Perimeter Exemptions.—The Secretary shall grant, by order, 20 exemptions from the requirements of sections 49104(a)(5), 49111(e), and 41714 of this title and subparts K and S of part 93 of title 14, Code of Federal Regulations, to air carriers for providing air transportation to airports within the perimeter established for civil aircraft operations at Ronald Reagan Washington National Airport under section 49109. The Secretary shall develop criteria for distributing slot exemptions for flights within the perimeter to such airports under this paragraph in a manner that promotes air transportation—
(1) by new entrant air carriers and limited incumbent air carriers;
(2) to communities without existing nonstop air transportation to Ronald Reagan Washington National Airport;
(3) to small communities;
(4) that will provide competitive nonstop air transportation on a monopoly nonstop route to Ronald Reagan Washington National Airport; or
(5) that will produce the maximum competitive benefits, including low fares.
(c)Limitations.—
(1)Stage 3 aircraft required.—An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).
(2)General exemptions.—
(A)Hourly limitation.—The exemptions granted—
(i) under subsections (a), (b), and (i) and departures authorized under subsection (g)(2) may not be for operations between the hours of 10:00 p.m. and 7:00 a.m.; and
(ii) under subsections (a), (b), (g), and (i) may not increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period during the hours between 7:00 a.m. and 9:59 p.m. by more than 5 operations.
(B)Use of existing slots.—A non-limited incumbent air carrier utilizing an exemption authorized under subsection (g)(3) for an arrival permitted between the hours of 10:01 p.m. and 11:00 p.m. under this section shall discontinue use of an existing slot during the same time period the arrival exemption is operated.
(3)Allocation of within-perimeter exemptions.—Of the exemptions granted under subsection (b)—
(A) without regard to the criteria contained in subsection (b)(1), six shall be for air transportation to small hub airports and nonhub airports;
(B) ten shall be for air transportation to medium hub and smaller airports; and
(C) four shall be for air transportation to airports without regard to their size.
(4)Applicability to exemption no. 5133.—Nothing in this section affects Exemption No. 5133, as from time-to-time amended and extended.
(d)Application Procedures.—The Secretary shall establish procedures to ensure that all requests for exemptions under this section are granted or denied within 90 days after the date on which the request is made.
(e)Applicability of Certain Laws.—Neither the request for, nor the granting of an exemption, under this section shall be considered for purposes of any Federal law a major Federal action significantly affecting the quality of the human environment.
(f)Commuters Defined.—For purposes of aircraft operations at Ronald Reagan Washington National Airport under subpart K of part 93 of title 14, Code of Federal Regulations, the term “commuters” means aircraft operations using aircraft having a certificated maximum seating capacity of 76 or less.
(g)Additional Slot Exemptions.—
(1)Increase in slot exemptions.—Not later than 90 days after the date of enactment of the FAA Modernization and Reform Act of 2012, the Secretary shall grant, by order 16 exemptions from—
(A) the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan Washington National Airport and airports located beyond the perimeter described in section 49109; and
(B) the requirements of subparts K and S of part 93, Code of Federal Regulations.
(2)New entrants and limited incumbents.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to limited incumbent air carriers or new entrant air carriers (as such terms are defined in section 41714(h)). Such exemptions shall be allocated pursuant to the application process established by the Secretary under subsection (d). The Secretary shall consider the extent to which the exemptions will—
(A) provide air transportation with domestic network benefits in areas beyond the perimeter described in section 49109;
(B) increase competition in multiple markets;
(C) not reduce travel options for communities served by small hub airports and medium hub airports within the perimeter described in section 49109;
(D) not result in meaningfully increased travel delays;
(E) enhance options for nonstop travel to and from the beyond-perimeter airports that will be served as a result of those exemptions;
(F) have a positive impact on the overall level of competition in the markets that will be served as a result of those exemptions; or
(G) produce public benefits, including the likelihood that the service to airports located beyond the perimeter described in section 49109 will result in lower fares, higher capacity, and a variety of service options.
(3)Improved network slots.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to incumbent air carriers qualifying for status as a non-limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Modernization and Reform Act of 2012. Each such non-limited incumbent air carrier—
(A) may operate up to a maximum of 2 of the newly authorized slot exemptions;
(B) prior to exercising an exemption made available under paragraph (1), shall discontinue the use of a slot for service between Ronald Reagan Washington National Airport and a large hub airport within the perimeter as described in section 49109, and operate, in place of such service, service between Ronald Reagan Washington National Airport and an airport located beyond the perimeter described in section 49109;
(C) shall be entitled to return of the slot by the Secretary if use of the exemption made available to the carrier under paragraph (1) is discontinued;
(D) shall have sole discretion concerning the use of an exemption made available under paragraph (1), including the initial or any subsequent beyond perimeter destinations to be served; and
(E) shall file a notice of intent with the Secretary and subsequent notices of intent, when appropriate, to inform the Secretary of any change in circumstances concerning the use of any exemption made available under paragraph (1).
(4)Notices of intent.—Notices of intent under paragraph (3)(E) shall specify the beyond perimeter destination to be served and the slots the carrier shall discontinue using to serve a large hub airport located within the perimeter.
(5)Conditions.—Beyond-perimeter flight operations carried out by an air carrier using an exemption granted under this subsection shall be subject to the following conditions:
(A) An air carrier may not operate a multi-aisle or widebody aircraft in conducting such operations.
(B) An air carrier granted an exemption under this subsection is prohibited from transferring the rights to its beyond-perimeter exemptions pursuant to section 41714(j).
(h)Scheduling Priority.—In administering this section, the Secretary shall—
(1) afford a scheduling priority to operations conducted by new entrant air carriers and limited incumbent air carriers over operations conducted by other air carriers granted additional slot exemptions under subsection (g) for service to airports located beyond the perimeter described in section 49109;
(2) afford a scheduling priority to slot exemptions currently held by new entrant air carriers and limited incumbent air carriers for service to airports located beyond the perimeter described in section 49109, to the extent necessary to protect viability of such service; and
(3) consider applications from foreign air carriers that are certificated by the government of Canada if such consideration is required by the bilateral aviation agreement between the United States and Canada and so long as the conditions and limitations under this section apply to such foreign air carriers.
(i)Additional Slot Exemptions.—
(1)Increase in slot exemptions.—Not later than 60 days after the date of enactment of the FAA Reauthorization Act of 2024, the Secretary shall grant, by order, 10 exemptions from—
(A) the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan Washington National Airport and domestic airports located within or beyond the perimeter described in section 49109; and
(B) the requirements of subparts K, S, and T of part 93 of title 14, Code of Federal Regulations.
(2)Non-limited incumbents.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to incumbent air carriers qualifying for status as a non-limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024.
(3)Limited incumbents.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 2 available to incumbent air carriers qualifying for status as a limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024.
(4)Allocation procedures.—The Secretary shall allocate the 10 slot exemptions provided under paragraph (1) pursuant to the application process established by the Secretary under subsection (d), subject to the following:
(A)Limitations.—Each air carrier that is eligible under paragraph (2) and paragraph (3) shall be eligible to operate no more and no less than 2 of the newly authorized slot exemptions.
(B)Criteria.—The Secretary shall consider the extent to which the exemptions will—
(i) enhance options for nonstop travel to beyond-perimeter airports that do not have nonstop service from Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024; or
(ii) have a positive impact on the overall level of competition in the markets that will be served as a result of those exemptions.
(5)Prohibition.—
(A)In general.—The Metropolitan Washington Airports Authority may not assess any penalty or similar levy against an individual air carrier solely for obtaining and operating a slot exemption authorized under this subsection.
(B)Rule of construction.—Subparagraph (A) shall not be construed as prohibiting the Metropolitan Washington Airports Authority from assessing and collecting any penalty, fine, or other levy, such as a handling fee or landing fee, that is—
(i) authorized by the Metropolitan Washington Airports Regulations;
(ii) agreed to in writing by the air carrier; or
(iii) charged in the ordinary course of business to an air carrier operating at Ronald Reagan Washington National Airport regardless of whether or not the air carrier obtained a slot exemption authorized under this subsection.
(Added Pub. L. 106–181, title II, § 231(e)(1), Apr. 5, 2000, 114 Stat. 112; amended Pub. L. 108–176, title IV, §§ 425, 426(a), Dec. 12, 2003, 117 Stat. 2555; Pub. L. 112–95, title IV, § 414(a), (b), Feb. 14, 2012, 126 Stat. 90, 92; Pub. L. 118–63, title V, § 502(a), (b), May 16, 2024, 138 Stat. 1187, 1188.)

CITE AS: 49 USC 41718

§ 41719. Air service termination notice
(a)In General.—An air carrier may not terminate interstate air transportation from a nonhub airport included on the Secretary of Transportation’s latest published list of such airports, unless such air carrier has given the Secretary at least 45 days’ notice before such termination.
(b)Exceptions.—The requirements of subsection (a) shall not apply when—
(1) the carrier involved is experiencing a sudden or unforeseen financial emergency, including natural weather related emergencies, equipment-related emergencies, and strikes;
(2) the termination of transportation is made for seasonal purposes only;
(3) the carrier involved has operated at the affected nonhub airport for 180 days or less;
(4) the carrier involved provides other transportation by jet from another airport serving the same community as the affected nonhub airport; or
(5) the carrier involved makes alternative arrangements, such as a change of aircraft size, or other types of arrangements with a part 121 or part 135 air carrier, that continues uninterrupted service from the affected nonhub airport.
(c)Waivers for Regional/Commuter Carriers.—Before January 1, 1995, the Secretary shall establish terms and conditions under which regional/commuter carriers can be excluded from the termination notice requirement.
(d)Definitions.—In this section, the following definitions apply:
(1)Part 121 air carrier.—The term “part 121 air carrier” means an air carrier to which part 121 of title 14, Code of Federal Regulations, applies.
(2)Part 135 air carrier.—The term “part 135 air carrier” means an air carrier to which part 135 of title 14, Code of Federal Regulations, applies.
(3)Regional/commuter carriers.—The term “regional/commuter carrier” means—
(A) a part 135 air carrier; or
(B) a part 121 air carrier that provides air transportation exclusively with aircraft having a seating capacity of no more than 70 passengers.
(4)Termination.—The term “termination” means the cessation of all service at an airport by an air carrier.
(Added Pub. L. 103–305, title II, § 207(a), Aug. 23, 1994, 108 Stat. 1587, § 41715; amended Pub. L. 103–429, § 6(53), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–287, § 5(73), Oct. 11, 1996, 110 Stat. 3396; renumbered § 41719, Pub. L. 106–181, title II, § 231(b)(1), Apr. 5, 2000, 114 Stat. 108; Pub. L. 108–176, title II, § 225(b)(1), Dec. 12, 2003, 117 Stat. 2528.)

CITE AS: 49 USC 41719

§ 41720. Joint venture agreements
(a)Definitions.—In this section, the following definitions apply:
(1)Joint venture agreement.—The term “joint venture agreement” means an agreement between two or more major air carriers on or after January 1, 1998, with regard to (A) code-sharing, blocked-space arrangements, long-term wet leases (as defined in section 207.1 of title 14, Code of Federal Regulations) of a substantial number (as defined by the Secretary by regulation) of aircraft, or frequent flyer programs, or (B) any other cooperative working arrangement (as defined by the Secretary by regulation) between 2 or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by the major air carriers.
(2)Major air carrier.—The term “major air carrier” means a passenger air carrier that is certificated under chapter 411 of this title and included in Carrier Group III under criteria contained in section 04 of part 241 of title 14, Code of Federal Regulations.
(b)Submission of Joint Venture Agreement.—At least 30 days before a joint venture agreement may take effect, each of the major air carriers that entered into the agreement shall submit to the Secretary—
(1) a complete copy of the joint venture agreement and all related agreements; and
(2) other information and documentary material that the Secretary may require by regulation.
(c)Extension of Waiting Period.—
(1)In general.—The Secretary may extend the 30-day period referred to in subsection (b) until—
(A) in the case of a joint venture agreement with regard to code-sharing, the 150th day following the last day of such period; and
(B) in the case of any other joint venture agreement, the 60th day following the last day of such period.
(2)Publication of reasons for extension.—If the Secretary extends the 30-day period referred to in subsection (b), the Secretary shall publish in the Federal Register the Secretary’s reasons for making the extension.
(d)Termination of Waiting Period.—At any time after the date of submission of a joint venture agreement under subsection (b), the Secretary may terminate the waiting periods referred to in subsections (b) and (c) with respect to the agreement.
(e)Regulations.—The effectiveness of a joint venture agreement may not be delayed due to any failure of the Secretary to issue regulations to carry out this section.
(f)Memorandum To Prevent Duplicative Reviews.—Promptly after the date of enactment of this section, the Secretary shall consult with the Assistant Attorney General of the Antitrust Division of the Department of Justice in order to establish, through a written memorandum of understanding, preclearance procedures to prevent unnecessary duplication of effort by the Secretary and the Assistant Attorney General under this section and the antitrust laws of the United States, respectively.
(g)Prior Agreements.—With respect to a joint venture agreement entered into before the date of enactment of this section as to which the Secretary finds that—
(1) the parties submitted the agreement to the Secretary before such date of enactment; and
(2) the parties submitted all information on the agreement requested by the Secretary,
the waiting period described in paragraphs (2) and (3) shall begin on the date, as determined by the Secretary, on which all such information was submitted and end on the last day to which the period could be extended under this section.
(h)Limitation on Statutory Construction.—The authority granted to the Secretary under this section shall not in any way limit the authority of the Attorney General to enforce the antitrust laws as defined in the first section of the Clayton Act (15 U.S.C. 12).
(Added Pub. L. 105–277, div. C, title I, § 110(f)(1), Oct. 21, 1998, 112 Stat. 2681–588, § 41716; renumbered § 41720 and amended Pub. L. 106–181, title II, § 231(b)(1), title VII, § 709, Apr. 5, 2000, 114 Stat. 108, 159.)

CITE AS: 49 USC 41720

§ 41721. Reports by carriers on incidents involving animals during air transport
(a)In General.—An air carrier that provides scheduled passenger air transportation shall submit monthly to the Secretary a report on any incidents involving the loss, injury, or death of an animal (as defined by the Secretary of Transportation) during air transport provided by the air carrier. The report shall be in such form and contain such information as the Secretary determines appropriate.
(b)Training of Air Carrier Employees.—The Secretary shall work with air carriers to improve the training of employees with respect to the air transport of animals and the notification of passengers of the conditions under which the air transport of animals is conducted.
(c)Sharing of Information.—The Secretary and the Secretary of Agriculture shall enter into a memorandum of understanding to ensure the sharing of information that the Secretary receives under subsection (a).
(d)Publication of Data.—The Secretary shall publish data on incidents and complaints involving the loss, injury, or death of an animal during air transport in a manner comparable to other consumer complaint and incident data.
(e)Air Transport.—For purposes of this section, the air transport of an animal includes the entire period during which an animal is in the custody of an air carrier, from check-in of the animal prior to departure until the animal is returned to the owner or guardian of the animal at the final destination of the animal.
(Added Pub. L. 106–181, title VII, § 710(a), Apr. 5, 2000, 114 Stat. 159.)

CITE AS: 49 USC 41721

§ 41722. Delay reduction actions
(a)Scheduling Reduction Meetings.—The Secretary of Transportation may request that air carriers meet with the Administrator of the Federal Aviation Administration to discuss flight reductions at severely congested airports to reduce overscheduling and flight delays during hours of peak operation if—
(1) the Administrator determines that it is necessary to convene such a meeting; and
(2) the Secretary determines that the meeting is necessary to meet a serious transportation need or achieve an important public benefit.
(b)Meeting Conditions.—Any meeting under subsection (a)—
(1) shall be chaired by the Administrator;
(2) shall be open to all scheduled air carriers; and
(3) shall be limited to discussions involving the airports and time periods described in the Administrator’s determination.
(c)Flight Reduction Targets.—Before any such meeting is held, the Administrator shall establish flight reduction targets for the meeting and notify the attending air carriers of those targets not less than 48 hours before the meeting.
(d)Delay Reduction Offers.—An air carrier attending the meeting shall make any offer to meet a flight reduction target to the Administrator rather than to another carrier.
(e)Transcript.—The Administrator shall ensure that a transcript of the meeting is kept and made available to the public not later than 3 business days after the conclusion of the meeting.
(Added Pub. L. 108–176, title IV, § 422(a), Dec. 12, 2003, 117 Stat. 2552.)

CITE AS: 49 USC 41722

§ 41723. Notice concerning aircraft assembly

The Secretary of Transportation shall require, beginning after the last day of the 18-month period following the date of enactment of this section, an air carrier using an aircraft to provide scheduled passenger air transportation to display a notice, on an information placard available to each passenger on the aircraft, that informs the passengers of the nation in which the aircraft was finally assembled.

(Added Pub. L. 108–176, title VIII, § 810(a), Dec. 12, 2003, 117 Stat. 2590.)

CITE AS: 49 USC 41723

§ 41724. Musical instruments
(a)In General.—
(1)Small instruments as carry-on baggage.—An air carrier providing air transportation shall permit a passenger to carry a violin, guitar, or other musical instrument in the aircraft cabin, without charging the passenger a fee in addition to any standard fee that carrier may require for comparable carry-on baggage, if—
(A) the instrument can be stowed safely in a suitable baggage compartment in the aircraft cabin or under a passenger seat, in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator; and
(B) there is space for such stowage at the time the passenger boards the aircraft.
(2)Larger instruments as carry-on baggage.—An air carrier providing air transportation shall permit a passenger to carry a musical instrument that is too large to meet the requirements of paragraph (1) in the aircraft cabin, without charging the passenger a fee in addition to the cost of the additional ticket described in subparagraph (E), if—
(A) the instrument is contained in a case or covered so as to avoid injury to other passengers;
(B) the weight of the instrument, including the case or covering, does not exceed 165 pounds or the applicable weight restrictions for the aircraft;
(C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator;
(D) neither the instrument nor the case contains any object not otherwise permitted to be carried in an aircraft cabin because of a law or regulation of the United States; and
(E) the passenger wishing to carry the instrument in the aircraft cabin has purchased an additional seat to accommodate the instrument.
(3)Large instruments as checked baggage.—An air carrier shall transport as baggage a musical instrument that is the property of a passenger traveling in air transportation that may not be carried in the aircraft cabin if—
(A) the sum of the length, width, and height measured in inches of the outside linear dimensions of the instrument (including the case) does not exceed 150 inches or the applicable size restrictions for the aircraft;
(B) the weight of the instrument does not exceed 165 pounds or the applicable weight restrictions for the aircraft; and
(C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator.
(b)Regulations.—Not later than 2 years after the date of enactment of this section, the Secretary shall issue final regulations to carry out subsection (a).
(c)Effective Date.—The requirements of this section shall become effective on the date of issuance of the final regulations under subsection (b).
(Added Pub. L. 112–95, title IV, § 403(a), Feb. 14, 2012, 126 Stat. 84.)

CITE AS: 49 USC 41724

§ 41725. Prohibition on certain cell phone voice communications
(a)Prohibition.—The Secretary of Transportation shall issue regulations—
(1) to prohibit an individual on an aircraft from engaging in voice communications using a mobile communications device during a flight of that aircraft in scheduled passenger interstate or intrastate air transportation; and
(2) that exempt from the prohibition described in paragraph (1) any—
(A) member of the flight crew on duty on an aircraft;
(B) flight attendant on duty on an aircraft; and
(C) Federal law enforcement officer acting in an official capacity.
(b)Definitions.—In this section, the following definitions apply:
(1)Flight.—The term “flight” means, with respect to an aircraft, the period beginning when the aircraft takes off and ending when the aircraft lands.
(2)Mobile communications device.—
(A)In general.—The term “mobile communications device” means any portable wireless telecommunications equipment utilized for the transmission or reception of voice data.
(B)Limitation.—The term “mobile communications device” does not include a phone installed on an aircraft.
(Added Pub. L. 115–254, div. B, title IV, § 403(a), Oct. 5, 2018, 132 Stat. 3328.)

CITE AS: 49 USC 41725

§ 41726. Strollers
(a)In General.—Except as provided in subsection (b), a covered air carrier shall not deny a passenger the ability to check a stroller at the departure gate if the stroller is being used by a passenger to transport a child traveling on the same flight as the passenger.
(b)Exception.—Subsection (a) shall not apply in instances where the size or weight of the stroller poses a safety or security risk.
(c)Covered Air Carrier Defined.—In this section, the term “covered air carrier” means an air carrier or a foreign air carrier as those terms are defined in section 40102 of title 49, United States Code.
(Added Pub. L. 115–254, div. B, title IV, § 412(a), Oct. 5, 2018, 132 Stat. 3331.)

CITE AS: 49 USC 41726

§ 41727. Passenger Rights 1
1 So in original. Probably should not be capitalized.
(a)Guidelines.—The Secretary of Transportation shall require each covered air carrier to submit a summarized 1-page document that describes the rights of passengers in air transportation, including guidelines for the following:
(1) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight delays of various lengths.
(2) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight diversions.
(3) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight cancellations.
(4) Compensation for mishandled baggage, including delayed, damaged, pilfered, or lost baggage.
(5) Voluntary relinquishment of a ticketed seat due to overbooking or priority of other passengers.
(6) Involuntary denial of boarding and forced removal for whatever reason, including for safety and security reasons.
(b)Filing of Summarized Guidelines.—Not later than 90 days after each air carrier submits its guidelines to the Secretary under subsection (a), the air carrier shall make available such 1-page document in a prominent location on its website.
(Added and amended Pub. L. 118–63, title V, § 510(a), May 16, 2024, 138 Stat. 1193.)

CITE AS: 49 USC 41727

§ 41728. Airline passengers with disabilities bill of rights
(a)Airline Passengers With Disabilities Bill of Rights.—The Secretary of Transportation shall develop a document, to be known as the “Airline Passengers with Disabilities Bill of Rights”, using plain language to describe the basic protections and responsibilities of covered air carriers,1
1 See Definition note below.
their employees and contractors, and people with disabilities under section 41705.
(b)Content.—In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary shall include, at a minimum, plain language descriptions of protections and responsibilities provided in law related to the following:
(1) The right of passengers with disabilities to be treated with dignity and respect.
(2) The right of passengers with disabilities to receive timely assistance, if requested, from properly trained covered air carrier and contractor personnel.
(3) The right of passengers with disabilities to travel with wheelchairs, mobility aids, and other assistive devices, including necessary medications and medical supplies, including stowage of such wheelchairs, aids, and devices.
(4) The right of passengers with disabilities to receive seating accommodations, if requested, to accommodate a disability.
(5) The right of passengers with disabilities to receive announcements in an accessible format.
(6) The right of passengers with disabilities to speak with a complaint resolution officer or to file a complaint with a covered air carrier or the Department of Transportation.
(c)Rule of Construction.—The development of the Airline Passengers with Disabilities Bill of Rights under subsections (a) and (b) shall not be construed as expanding or restricting the rights available to passengers with disabilities on the day before the date of enactment of the FAA Reauthorization Act of 2018 pursuant to any statute or regulation.
(d)Consultations.—In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary of Transportation shall consult with stakeholders, including disability organizations and covered air carriers and their contractors.
(e)Display.—Each covered air carrier shall include the Airline Passengers with Disabilities Bill of Rights—
(1) on a publicly available internet website of the covered air carrier; and
(2) in any pre-flight notifications or communications provided to passengers who alert the covered air carrier in advance of the need for accommodations relating to a disability.
(f)Training.—Covered air carriers and contractors of covered air carriers shall submit to the Secretary of Transportation plans that ensure that employees of covered air carriers and their contractors receive training on the protections and responsibilities described in the Airline Passengers with Disabilities Bill of Rights. The Secretary shall review such plans to ensure the plans address the matters described in subsection (b).
(Added and amended Pub. L. 118–63, title V, § 510(b), May 16, 2024, 138 Stat. 1194.)

CITE AS: 49 USC 41728

§ 41729. COVID–19 vaccination status
(a)In General.—An air carrier (as such term is defined in section 40102) may not deny service to any individual solely based on the vaccination status of the individual with respect to COVID–19.
(b)Rule of Construction.—Nothing in this section shall be construed to apply to the regulation of intrastate travel, transportation, or movement, including the intrastate transportation of passengers.
(Added Pub. L. 118–63, title XI, § 1107(a), May 16, 2024, 138 Stat. 1417.)

CITE AS: 49 USC 41729