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Title 49 — TransportationRelease 119-73not60

§41106 Airlift Service

Title 49 › Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part A— AIR COMMERCE AND SAFETY › Subpart ii— economic regulation › Chapter 411— AIR CARRIER CERTIFICATES › § 41106

Last updated Apr 5, 2026|Official source

Summary

The Defense Department and the military must hire civilian airlines that both have (or offer to add) the right kinds of planes to the Civil Reserve Air Fleet and hold the required federal air-carrier certificate when they buy airlift inside the United States or for trips to or from the United States. For trips between two places outside the United States, they must use those airlines when one is reasonably available. If no certified carrier can or will do the work, the Secretary of Defense may hire an airline without the certificate. The Department of Transportation must decide certificate applications as quickly as possible. "CRAF-eligible aircraft" means plane types the Defense Department says can join the Civil Reserve Air Fleet.

Full Legal Text

Title 49, §41106

Transportation — Source: USLM XML via OLRC

(a)(1)Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service in the United States may be provided only by an air carrier that—
(A)has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and
(B)holds a certificate issued under section 41102 of this title.
(2)The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of this title to provide airlift service.
(b)Except as provided in subsection (d), the transportation of passengers or property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a).
(c)The transportation of passengers or property by CRAF-eligible aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a) whenever transportation by such an air carrier is reasonably available.
(d)When the Secretary of Defense decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to provide, the airlift service, the Secretary of Defense may make a contract to provide the service with an air carrier not having a certificate.
(e)In this section, “CRAF-eligible aircraft” means aircraft of a type the Secretary of Defense has determined to be eligible to participate in the civil reserve air fleet.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4110649 App.:1371(o).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(o); added July 12, 1976, Pub. L. 94–353, § 18(a), 90 Stat. 883. 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 subsection (a), before clause (1), the word “passengers” is substituted for “persons” for consistency in the revised title. The words “Secretary of Defense” are substituted for “Department of Defense” because of 10:113(a). The words “an air carrier” are substituted for “carriers” for clarity. In subsection (b), the words “to provide the service” are added for clarity.

Editorial Notes

Amendments

2011—Subsecs. (a)(1), (b). Pub. L. 112–81, § 365(a)(1), substituted “CRAF-eligible aircraft” for “transport category aircraft”. Subsec. (c). Pub. L. 112–81, § 365(a), substituted “CRAF-eligible aircraft” for “transport category aircraft” and “referred to in subsection (a)” for “that has aircraft in the civil reserve air fleet”. Subsec. (e). Pub. L. 112–81, § 365(b), added subsec. (e). 2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(1), (b)], in heading substituted “Interstate Transportation” for “General” and in introductory provisions of par. (1), substituted “Except as provided in subsection (d) of this section,” for “Except as provided in subsection (b) of this section,” and struck out “of at least 31 days” after “through a contract”. Subsecs. (b) to (d). Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(2), (3)], added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 Amendment Pub. L. 106–398, § 1 [[div. A], title III, § 385(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–87, provided that: “The

Amendments

made by this section [amending this section] shall take effect on October 1, 2000.”

Reference

Citations & Metadata

Citation

49 U.S.C. § 41106

Title 49 — Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60