US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC40106]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40106. Emergency powers

    (a) Deviations From Regulations.--Appropriate military authority may 
authorize aircraft of the armed forces of the United States to deviate 
from air traffic regulations prescribed under section 40103(b)(1) and 
(2) of this title when the authority decides the deviation is essential 
to the national defense because of a military emergency or urgent 
military necessity. The authority shall--
        (1) give the Administrator of the Federal Aviation 
    Administration prior notice of the deviation at the earliest 
    practicable time; and
        (2) to the extent time and circumstances allow, make every 
    reasonable effort to consult with the Administrator and arrange for 
    the deviation in advance on a mutually agreeable basis.

    (b) Suspension of Authority.--(1) When the President decides that 
the government of a foreign country is acting inconsistently with the 
Convention for the Suppression of Unlawful Seizure of Aircraft or that 
the government of a foreign country allows territory under its 
jurisdiction to be used as a base of operations or training of, or as a 
sanctuary for, or arms, aids, or abets, a terrorist organization that 
knowingly uses the unlawful seizure, or the threat of an unlawful 
seizure, of an aircraft as an instrument of policy, the President may 
suspend the authority of--
        (A) an air carrier or foreign air carrier to provide foreign air 
    transportation to and from that foreign country;
        (B) a person to operate aircraft in foreign air commerce to and 
    from that foreign country;
        (C) a foreign air carrier to provide foreign air transportation 
    between the United States and another country that maintains air 
    service with the foreign country; and
        (D) a foreign person to operate aircraft in foreign air commerce 
    between the United States and another country that maintains air 
    service with the foreign country.

    (2) The President may act under this subsection without notice or a 
hearing. The suspension remains in effect for as long as the President 
decides is necessary to ensure the security of aircraft against unlawful 
seizure. Notwithstanding section 40105(b) of this title, the authority 
of the President to suspend rights under this subsection is a condition 
to a certificate of public convenience and necessity, air carrier 
operating certificate, foreign air carrier or foreign aircraft permit, 
or foreign air carrier operating specification issued by the Secretary 
of Transportation under this part.
    (3) An air carrier or foreign air carrier may not provide foreign 
air transportation, and a person may not operate aircraft in foreign air 
commerce, in violation of a suspension of authority under this 
subsection.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1103.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40106(a)..............................  49 App.:1348(f).                 Aug. 23, 1958, Pub. L. 85-726, Sec.
                                                                          307(f), 72 Stat. 750.
                                        49 App.:1655(c)(1).              Oct. 15, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
40106(b)..............................  49 App.:1514.                    Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, Sec.  1114; added Aug. 5, 1974,
                                                                          Pub. L. 93-366, Sec.  106, 88 Stat.
                                                                          413.
                                        49 App.:1551(b)(1)(E).           Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 1984, Pub. L. 98-443, Sec.  3(e),
                                                                          98 Stat. 1704.
                                        49 App.:1655(c)(1).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), before clause (1), the words ``armed forces'' are 
substituted for ``national defense forces'' because of 10:101. The words 
``section 40103(b)(1) and (2) of this title'' are substituted for ``this 
subchapter'' as being more precise. In clauses (1) and (2), the word 
``Administrator'' in section 307(f) of the Federal Aviation Act of 1958 
(Public Law 85-726, 72 Stat. 750) is retained on authority of 49:106(g). 
In clause (2), the words ``fully'' and ``required'' are omitted as 
surplus.
    In subsection (b)(1), the words ``government of a foreign country'' 
are substituted for ``foreign nation'' for consistency in the revised 
title and with other titles of the Code. Before clause (A), the words 
``in a manner'' and ``in any way'' are omitted as surplus. The word 
``authority'' is substituted for ``right'' as being more precise and for 
consistency in the revised title.
    In subsection (b)(2), the words ``deemed to be'' are omitted because 
a legal conclusion is being stated.
    In subsection (b)(3), the words ``by the President'' are omitted as 
surplus.


                             Aircraft Piracy

    The United States is a party to the Convention for the Suppression 
of Unlawful Seizure of Aircraft, signed at The Hague, Dec. 16, 1970, 
entered into force as to the United States, Oct. 14, 1971, 22 UST 1641.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 40105, 44907, 46107, 
46301 of this title.