§41703 — Title 49 Transportation | U.S. Code

Summary

Foreign civilian airplanes can fly in the United States only if four rules are met: the plane’s home country gives the same right to U.S. planes, the pilot has a valid U.S. or home-country license, the Secretary of Transportation says it’s allowed, and the flight follows any conditions the Secretary sets. The Secretary will only give permission if it’s in the public interest and matches any agreement with the foreign government. A foreign plane allowed to fly here may do commercial flights, but it can only pick up paying passengers or cargo between U.S. points if it has specific permission under section 40109(g) or under rules that let U.S. carriers use foreign planes leased or chartered without crews. If a foreign airline already has a permit under section 41302, it does not need extra permission for the operations that the permit covers. For Alaska, cargo that is part of a through trip between the U.S. and a foreign place and that moves through Alaska on multiple carriers is not treated as having broken its international journey or as originating or ending in Alaska when it is moved under certain coding, waybill, or contract arrangements.

Title 49, §41703

Transportation — Source: USLM XML via OLRC

(a)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)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)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)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)(1)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41703(a)49 App.:1508(b) (1st sentence).Aug. 23, 1958, Pub. L. 85–726, § 1108(b) (1st, 2d, last sentences), 72 Stat. 798, 799. 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. 41703(b)49 App.:1508(b) (2d sentence). 49 App.:1551(b)(1)(E). 41703(c)49 App.:1508(b) (3d sentence).Aug. 23, 1958, Pub. L. 85–726, § 1108(b) (3d sentence), 72 Stat. 799; Feb. 15, 1980, Pub. L. 96–192, § 20, 94 Stat. 43. 49 App.:1551(b)(1)(E). 41703(d)49 App.:1508(b) (last sentence). In subsection (a), the word “country” is substituted for “nation” for consistency in the revised title and with other titles of the United States Code. In clause (3), the words “permit, order, or regulation issued” are omitted as surplus. In clause (4), the words “conditions, and limitations” are omitted as being included in “terms”. In subsection (b)(2), the word “agreement” is substituted for “treaty, convention, or agreement” for clarity and consistency in the revised title. The words “which may be in force” are omitted as surplus. The words “or countries” are omitted because of 1:1. In subsection (c), before clause (1), the word “place” is substituted for “point”, and the word “passengers” is substituted for “persons”, for consistency in the revised title. In subsection (d), the word “affect” is substituted for “limit, modify, or amend” to eliminate unnecessary words.

Editorial Notes

Amendments

2003—Subsec. (e). Pub. L. 108–176 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

§41703 Navigation of Foreign Civil Aircraft