Title 49 — TransportationRelease 119-73
§41701 Classification of air carriers
Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart ii— - economic regulation › Chapter CHAPTER 417— - OPERATIONS OF CARRIERS › Subchapter SUBCHAPTER I— - REQUIREMENTS › § 41701
Summary
The Secretary can put airlines into fair groups based on how they operate and set rules for each group if those rules are needed to protect the public.
Full Legal Text
Title 49, §41701
Transportation — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 4170149 App.:1386(a).Aug. 23, 1958, Pub. L. 85–726, § 416(a), 72 Stat. 771. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. In this section, before clause (1), the words “from time to time” are omitted as unnecessary. In clauses (1) and (2), the word “just” is omitted as being included in “reasonable”. In clause (1), the word “groups” is omitted as being included in “classifications”. The words “transportation provided” are substituted for “services performed” for consistency in the revised title. In clause (2), the word “requirements” is substituted for “
Rules and Regulations
pursuant to and consistent with the provisions of this subchapter” as being more appropriate and for consistency in the revised title.
Statutory Notes and Related Subsidiaries
Crewmember Pumping Guidance Pub. L. 118–63, title IV, § 421,
May 16, 2024, 138 Stat. 1165, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this Act [
May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue guidance to part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during noncritical phases of flight, consistent with the performance of the crewmember’s duties aboard the aircraft. The guidance shall be equally applicable to any lactating crewmember. In developing the guidance, the Administrator shall—“(1) consider multiple methods of expressing breast milk that could be used by crewmembers, including the use of wearable lactation technology; and “(2) ensure the guidance will not require an air carrier or foreign air carrier to incur significant expense, such as through—“(A) the addition of an extra crewmember in response to providing a break; “(B) removal or retrofitting of seats on the aircraft; or “(C) modification or retrofitting of an aircraft. “(b) Definitions.—In this section:“(1) Crewmember.—The term ‘crewmember’ has the meaning given such term in section 1.1 of title 14, Code of Federal
Regulations
. “(2) Critical phases of flight.—The term ‘critical phases of flight’ has the meaning given such term in section 121.542 of title 14, Code of Federal
Regulations
. “(3) Part 121.—The term ‘part 121’ means part 121 of title 14, Code of Federal
Regulations
. “(c) Aviation Safety.—Nothing in this section shall limit the authority of the Administrator relating to aviation safety under subtitle VII of title 49, United States Code.”
Reference
Citations & Metadata
Citation
49 U.S.C. § 41701
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73