(a)
(A) an air carrier not engaged directly in operating aircraft in air transportation; or
(B) a foreign air carrier not engaged directly in operating aircraft in foreign air transportation.
(2) The exemption is effective to the extent and for periods that the Secretary decides are in the public interest.
(b)
(c)
(d)
(1) because of the limited extent of, or unusual circumstances affecting, the operation of the air carrier, the enforcement of section 42112(b)(1) and (2) of this title is or would be an unreasonable burden on the air carrier that would obstruct its development and prevent it from beginning or continuing operations; and
(2) the exemption would not affect adversely the public interest.
(e)
(f)
(A)(i) provides passenger transportation only with aircraft having a maximum capacity of 55 passengers; or
(ii) provides the transportation of cargo only with aircraft having a maximum payload of less than 18,000 pounds; and
(B) complies with liability insurance requirements and other regulations the Secretary prescribes.
(2) The Secretary may increase the passenger or payload capacities when the public interest requires.
(3)(A) An exemption under this subsection applies to an air carrier providing air transportation between 2 places in Alaska, or between Alaska and Canada, only if the carrier is authorized by Alaska to provide the transportation.
(B) The Secretary may limit the number or location of places that may be served by an air carrier providing transportation only in Alaska under an exemption from section 41101(a)(1) of this title, or the frequency with which the transportation may be provided, only when the Secretary decides that providing the transportation substantially impairs the ability of an air carrier holding a certificate issued by the Secretary to provide its authorized transportation, including the minimum transportation requirement for Alaska specified under section 41732(b)(1)(B) of this title.
(g)
(A) because of an emergency created by unusual circumstances not arising in the normal course of business, air carriers holding certificates under section 41102 of this title cannot accommodate traffic in those markets;
(B) all possible efforts have been made to accommodate the traffic by using the resources of the air carriers, including the use of—
(i) foreign aircraft, or sections of foreign aircraft, under lease or charter to the air carriers; and
(ii) the air carriers' reservations systems to the extent practicable;
(C) the exemption is necessary to avoid unreasonable hardship for the traffic in the markets that cannot be accommodated by the air carriers; and
(D) granting the exemption will not result in an unreasonable advantage to any party in a labor dispute where the inability to accommodate traffic in a market is a result of the dispute.
(2) When the Secretary grants an exemption to a foreign air carrier under this subsection, the Secretary shall—
(A) ensure that air transportation that the foreign air carrier provides under the exemption is made available on reasonable terms;
(B) monitor continuously the passenger load factor of air carriers in the market that hold certificates under section 41102 of this title; and
(C) review the exemption at least every 30 days to ensure that the unusual circumstances that established the need for the exemption still exist.
(3) The Secretary may renew an exemption (including renewals) under this subsection for not more than 30 days. An exemption may continue for not more than 5 days after the unusual circumstances that established the need for the exemption cease.
(h)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104; Pub. L. 104–287, §5(65), Oct. 11, 1996, 110 Stat. 3395.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40109(a) | 49 App.:1301(3) (proviso). | Aug. 23, 1958, Pub. L. 85–726, §§101(3) (proviso), 307(e), 416(b)(2), 72 Stat. 737, 750, 771. |
| 49 App.:1386(b)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §416(b)(3)–(6); added Oct. 24, 1978, Pub. L. 95–504, §§31(b), 32, 92 Stat. 1732. | |
| 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. | |
| 40109(b) | 49 App.:1348(e). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 40109(c) | 49 App.:1386(b)(1). | Aug. 23, 1958, Pub. L. 85–726, §416(b)(1), 72 Stat. 771; restated Oct. 24, 1978, Pub. L. 95–504, §31(a), 92 Stat. 1731. |
| 49 App.:1551(b)(1)(E). | ||
| 40109(d) | 49 App.:1386(b)(2) (less words between 6th and 7th commas, proviso). | |
| 49 App.:1551(b)(1)(E). | ||
| 40109(e) | 49 App.:1386(b)(2) (proviso). | |
| 49 App.:1551(b)(1)(E). | ||
| 40109(f) | 49 App.:1386(b)(4), (5), (6) (less words between 5th and 6th commas). | |
| 49 App.:1551(b)(1)(E). | ||
| 40109(g) | 49 App.:1386(b)(7). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §416(b)(7); added Feb. 15, 1980, Pub. L. 96–192, §13, 94 Stat. 39. |
| 49 App.:1551(b)(1)(E). | ||
| 40109(h) | 49 App.:1386(b)(2) (words between 6th and 7th commas), (6) (words between 5th and 6th commas). | |
| 49 App.:1551(b)(1)(E). |
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