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Title 49, TransportationRelease 119-110

§41106 Airlift Service

Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart ii — economic regulation › CHAPTER 411 — AIR CARRIER CERTIFICATES › § 41106

Last updated Sep 22, 2026|Official source

Summary

When the Defense Department hires planes that qualify for the Civil Reserve Air Fleet to move people or cargo inside the United States, between the United States and other countries, or between two foreign places when available, it must use an air carrier that both has planes in (or will add planes to) the Civil Reserve Air Fleet and holds the certificate required under 49 U.S.C. 41102. The Secretary of Transportation must act quickly on applications for that certificate. If no carrier with that certificate can or will do the job, the Secretary of Defense may hire a carrier without the certificate. "CRAF-eligible aircraft" means plane types the Secretary of Defense says can join the Civil Reserve Air Fleet.

Full Legal Text

Title 49, §41106

Transportation, Source: USLM XML via OLRC

(a)Interstate Transportation.—
(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)Transportation Between the United States and Foreign Locations.—
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)Transportation Between Foreign Locations.—
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)Exception.—
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)CRAF-eligible Aircraft Defined.—
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

Sep 22, 2026

Release point: 119-110