PWS 3.4.1_e_49 USC Qualifications for Public Status.pdf

Page 954 TITLE 49—TRANSPORTATION § 40125

(Added Pub. L. 104–287, § 5(69)(A), Oct. 11, 1996, 110 Stat. 3395, § 40121; renumbered § 40124, Pub. L.

105–102, § 3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215.)

HISTORICAL AND REVISION NOTES

This restates 49:44502(e) as 49:40121 [now 40124] to pro-vide a more appropriate place in title 49.

AMENDMENTS

1997—Pub. L. 105–102 amended Pub. L. 104–287, renum-bering section 40121 of this title as this section.

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105–102, § 3(d), Nov. 20, 1997, 111 Stat. 2215, pro-vided that the amendment made by section 3(d)(1)(B) is effective Oct. 11, 1996.

Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.

§ 40125. Qualifications for public aircraft status

(a) DEFINITIONS.—In this section, the following definitions apply:

(1) COMMERCIAL PURPOSES.—The term ‘‘com-mercial purposes’’ means the transportation of persons or property for compensation or hire, but does not include the operation of an air-craft by the armed forces for reimbursement when that reimbursement is required by any Federal statute, regulation, or directive, in ef-fect on November 1, 1999, or by one govern-ment on behalf of another government under a cost reimbursement agreement if the govern-ment on whose behalf the operation is con-ducted certifies to the Administrator of the Federal Aviation Administration that the op-eration is necessary to respond to a significant and imminent threat to life or property (in-cluding natural resources) and that no service by a private operator is reasonably available to meet the threat.

(2) GOVERNMENTAL FUNCTION.—The term ‘‘governmental function’’ means an activity undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including transport of prisoners, detainees, and illegal aliens), aeronautical research, or biological or geological resource management.

(3) QUALIFIED NON-CREWMEMBER.—The term ‘‘qualified non-crewmember’’ means an indi-vidual, other than a member of the crew, aboard an aircraft—

(A) operated by the armed forces or an in-telligence agency of the United States Gov-ernment; or

(B) whose presence is required to perform, or is associated with the performance of, a governmental function.

(4) ARMED FORCES.—The term ‘‘armed forces’’ has the meaning given such term by section 101 of title 10.

(b) AIRCRAFT OWNED BY GOVERNMENTS.—An aircraft described in subparagraph (A), (B), (C), (D), or (F) of section 40102(a)(41) does not qualify as a public aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or a qualified non-crewmember.

(c) AIRCRAFT OWNED OR OPERATED BY THE

ARMED FORCES.—

(1) IN GENERAL.—Subject to paragraph (2), an aircraft described in section 40102(a)(41)(E) qualifies as a public aircraft if—

(A) the aircraft is operated in accordance with title 10;

(B) the aircraft is operated in the perform-ance of a governmental function under title 14, 31, 32, or 50 and the aircraft is not used for commercial purposes; or

(C) the aircraft is chartered to provide transportation or other commercial air serv-ice to the armed forces and the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) des-ignates the operation of the aircraft as being required in the national interest.

(2) LIMITATION.—An aircraft that meets the criteria set forth in paragraph (1) and that is owned or operated by the National Guard of a State, the District of Columbia, or any terri-tory or possession of the United States, quali-fies as a public aircraft only to the extent that it is operated under the direct control of the Department of Defense.

(d) SEARCH AND RESCUE PURPOSES.—An air-craft described in section 40102(a)(41)(D) that is not exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of 1 of those governments, qualifies as a public aircraft if the Administrator determines that—

(1) there are extraordinary circumstances;

(2) the aircraft will be used for the perform-ance of search and rescue missions;

(3) a community would not otherwise have access to search and rescue services; and

(4) a government entity demonstrates that granting the waiver is necessary to prevent an undue economic burden on that government.

(Added Pub. L. 106–181, title VII, § 702(b)(1), Apr.

5, 2000, 114 Stat. 155; amended Pub. L. 110–181, div. A, title X, § 1078(b), (c), Jan. 28, 2008, 122 Stat. 334; Pub. L. 112–141, div. C, title V, § 35003, July 6, 2012, 126 Stat. 843; Pub. L. 115–254, div. B, title III, § 355(b), Oct. 5, 2018, 132 Stat. 3305.)

AMENDMENTS

2018—Subsec. (b). Pub. L. 115–254 substituted ‘‘(D), or

(F)’’ for ‘‘or (D)’’.

2012—Subsec. (d). Pub. L. 112–141 added subsec. (d).

2008—Subsec. (b). Pub. L. 110–181, § 1078(c)(1), sub-stituted ‘‘section 40102(a)(41)’’ for ‘‘section 40102(a)(37)’’.

Subsec. (c)(1). Pub. L. 110–181, § 1078(c)(2), substituted

‘‘section 40102(a)(41)(E)’’ for ‘‘section 40102(a)(37)(E)’’ in introductory provisions.

Subsec. (c)(1)(C). Pub. L. 110–181, § 1078(b), inserted ‘‘or other commercial air service’’ after ‘‘transportation’’.

EFFECTIVE DATE OF 2012 AMENDMENT

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec-tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities

Page 955 TITLE 49—TRANSPORTATION § 40128 and functions of the Secretary of Transportation relat-ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections

468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-rity, and the Department of Homeland Security Reor-ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§ 40126. Severable services contracts for periods crossing fiscal years

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration may enter into a contract for procurement of severable services for a period that begins in 1 fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed 1 year.

(b) OBLIGATION OF FUNDS.—Funds made avail-able for a fiscal year may be obligated for the total amount of a contract entered into under the authority of subsection (a).

(Added Pub. L. 106–181, title VII, § 705(a), Apr. 5, 2000, 114 Stat. 157.)

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.

§ 40127. Prohibitions on discrimination

(a) PERSONS IN AIR TRANSPORTATION.—An air carrier or foreign air carrier may not subject a person in air transportation to discrimination on the basis of race, color, national origin, reli-gion, sex, or ancestry.

(b) USE OF PRIVATE AIRPORTS.—Notwithstand-ing any other provision of law, no State or local government may prohibit the use or full enjoy-ment of a private airport within its jurisdiction by any person on the basis of that person’s race, color, national origin, religion, sex, or ancestry.

(Added Pub. L. 106–181, title VII, § 706(a), Apr. 5, 2000, 114 Stat. 157.)

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.

TRAINING POLICIES REGARDING RACIAL, ETHNIC, AND

RELIGIOUS NONDISCRIMINATION

Pub. L. 115–254, div. B, title IV, § 407, Oct. 5, 2018, 132

Stat. 3330, provided that:

‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Oct. 5, 2018], the

Comptroller General of the United States shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Sen-ate and Committee on Transportation and Infrastruc-ture of the House of Representatives] and the Secretary of Transportation a report describing—

‘‘(1) each air carrier’s training policy for its em-ployees and contractors regarding racial, ethnic, and religious nondiscrimination; and

‘‘(2) how frequently an air carrier is required to train new employees and contractors because of turn-over in positions that require such training.

‘‘(b) BEST PRACTICES.—After the date the report is submitted under subsection (a), the Secretary shall de-velop and disseminate to air carriers best practices necessary to improve the training policies described in subsection (a), based on the findings of the report and in consultation with—

‘‘(1) passengers of diverse racial, ethnic, and reli-gious backgrounds;

‘‘(2) national organizations that represent impacted communities;

‘‘(3) air carriers;

‘‘(4) airport operators; and

‘‘(5) contract service providers.’’

§ 40128. Overflights of national parks

(a) IN GENERAL.—

(1) GENERAL REQUIREMENTS.—A commercial air tour operator may not conduct commercial air tour operations over a national park or tribal lands, as defined by this section, ex-cept—

(A) in accordance with this section;

(B) in accordance with conditions and lim-itations prescribed for that operator by the Administrator; and

(C) in accordance with any applicable air tour management plan or voluntary agree-ment under subsection (b)(7) for the park or tribal lands.

(2) APPLICATION FOR OPERATING AUTHORITY.—

(A) APPLICATION REQUIRED.—Before com-mencing commercial air tour operations over a national park or tribal lands, a com-mercial air tour operator shall apply to the Administrator for authority to conduct the operations over the park or tribal lands.

(B) COMPETITIVE BIDDING FOR LIMITED CA-

PACITY PARKS.—Whenever an air tour man-agement plan limits the number of commer-cial air tour operations over a national park during a specified time frame, the Adminis-trator, in cooperation with the Director, shall issue operation specifications to com-mercial air tour operators that conduct such operations. The operation specifications shall include such terms and conditions as the Administrator and the Director find nec-essary for management of commercial air tour operations over the park. The Adminis-trator, in cooperation with the Director, shall develop an open competitive process for evaluating proposals from persons inter-ested in providing commercial air tour oper-ations over the park. In making a selection from among various proposals submitted, the Administrator, in cooperation with the Director, shall consider relevant factors, in-cluding—

(i) the safety record of the person sub-mitting the proposal or pilots employed by the person;

(ii) any quiet aircraft technology pro-posed to be used by the person submitting the proposal;

(iii) the experience of the person submit-ting the proposal with commercial air tour operations over other national parks or scenic areas;

(iv) the financial capability of the person submitting the proposal;

(v) any training programs for pilots pro-vided by the person submitting the pro-posal; and

(vi) responsiveness of the person submit-ting the proposal to any relevant criteria