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U.S. Code as of:
01/19/04
Section 40101. Policy
(a) Economic Regulation. - In carrying out subpart II of this
part and those provisions of subpart IV applicable in carrying out
subpart II, the Secretary of Transportation shall consider the
following matters, among others, as being in the public interest
and consistent with public convenience and necessity:
(1) assigning and maintaining safety as the highest priority in
air commerce.
(2) before authorizing new air transportation services,
evaluating the safety implications of those services.
(3) preventing deterioration in established safety procedures,
recognizing the clear intent, encouragement, and dedication of
Congress to further the highest degree of safety in air
transportation and air commerce, and to maintain the safety
vigilance that has evolved in air transportation and air commerce
and has come to be expected by the traveling and shipping public.
(4) the availability of a variety of adequate, economic,
efficient, and low-priced services without unreasonable
discrimination or unfair or deceptive practices.
(5) coordinating transportation by, and improving relations
among, air carriers, and encouraging fair wages and working
conditions.
(6) placing maximum reliance on competitive market forces and
on actual and potential competition -
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to
earn adequate profits and attract capital, considering any
material differences between interstate air transportation and
foreign air transportation.
(7) developing and maintaining a sound regulatory system that
is responsive to the needs of the public and in which decisions
are reached promptly to make it easier to adapt the air
transportation system to the present and future needs of -
(A) the commerce of the United States;
(B) the United States Postal Service; and
(C) the national defense.
(8) encouraging air transportation at major urban areas through
secondary or satellite airports if consistent with regional
airport plans of regional and local authorities, and if endorsed
by appropriate State authorities -
(A) encouraging the transportation by air carriers that
provide, in a specific market, transportation exclusively at
those airports; and
(B) fostering an environment that allows those carriers to
establish themselves and develop secondary or satellite airport
services.
(9) preventing unfair, deceptive, predatory, or anticompetitive
practices in air transportation.
(10) avoiding unreasonable industry concentration, excessive
market domination, monopoly powers, and other conditions that
would tend to allow at least one air carrier or foreign air
carrier unreasonably to increase prices, reduce services, or
exclude competition in air transportation.
(11) maintaining a complete and convenient system of continuous
scheduled interstate air transportation for small communities and
isolated areas with direct financial assistance from the United
States Government when appropriate.
(12) encouraging, developing, and maintaining an air
transportation system relying on actual and potential competition
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(A) to provide efficiency, innovation, and low prices; and
(B) to decide on the variety and quality of, and determine
prices for, air transportation services.
(13) encouraging entry into air transportation markets by new
and existing air carriers and the continued strengthening of
small air carriers to ensure a more effective and competitive
airline industry.
(14) promoting, encouraging, and developing civil aeronautics
and a viable, privately-owned United States air transport
industry.
(15) strengthening the competitive position of air carriers to
at least ensure equality with foreign air carriers, including the
attainment of the opportunity for air carriers to maintain and
increase their profitability in foreign air transportation.
(16) ensuring that consumers in all regions of the United
States, including those in small communities and rural and remote
areas, have access to affordable, regularly scheduled air
service.
(b) All-Cargo Air Transportation Considerations. - In carrying
out subpart II of this part and those provisions of subpart IV
applicable in carrying out subpart II, the Secretary of
Transportation shall consider the following matters, among others
and in addition to the matters referred to in subsection (a) of
this section, as being in the public interest for all-cargo air
transportation:
(1) encouraging and developing an expedited all-cargo air
transportation system provided by private enterprise and
responsive to -
(A) the present and future needs of shippers;
(B) the commerce of the United States; and
(C) the national defense.
(2) encouraging and developing an integrated transportation
system relying on competitive market forces to decide the extent,
variety, quality, and price of services provided.
(3) providing services without unreasonable discrimination,
unfair or deceptive practices, or predatory pricing.
(c) General Safety Considerations. - In carrying out subpart III
of this part and those provisions of subpart IV applicable in
carrying out subpart III, the Administrator of the Federal Aviation
Administration shall consider the following matters:
(1) the requirements of national defense and commercial and
general aviation.
(2) the public right of freedom of transit through the
navigable airspace.
(d) Safety Considerations in Public Interest. - In carrying out
subpart III of this part and those provisions of subpart IV
applicable in carrying out subpart III, the Administrator shall
consider the following matters, among others, as being in the
public interest:
(1) assigning, maintaining, and enhancing safety and security
as the highest priorities in air commerce.
(2) regulating air commerce in a way that best promotes safety
and fulfills national defense requirements.
(3) encouraging and developing civil aeronautics, including new
aviation technology.
(4) controlling the use of the navigable airspace and
regulating civil and military operations in that airspace in the
interest of the safety and efficiency of both of those
operations.
(5) consolidating research and development for air navigation
facilities and the installation and operation of those
facilities.
(6) developing and operating a common system of air traffic
control and navigation for military and civil aircraft.
(7) providing assistance to law enforcement agencies in the
enforcement of laws related to regulation of controlled
substances, to the extent consistent with aviation safety.
(e) International Air Transportation. - In formulating United
States international air transportation policy, the Secretaries of
State and Transportation shall develop a negotiating policy
emphasizing the greatest degree of competition compatible with a
well-functioning international air transportation system, including
the following:
(1) strengthening the competitive position of air carriers to
ensure at least equality with foreign air carriers, including the
attainment of the opportunity for air carriers to maintain and
increase their profitability in foreign air transportation.
(2) freedom of air carriers and foreign air carriers to offer
prices that correspond to consumer demand.
(3) the fewest possible restrictions on charter air
transportation.
(4) the maximum degree of multiple and permissive international
authority for air carriers so that they will be able to respond
quickly to a shift in market demand.
(5) eliminating operational and marketing restrictions to the
greatest extent possible.
(6) integrating domestic and international air transportation.
(7) increasing the number of nonstop United States gateway
cities.
(8) opportunities for carriers of foreign countries to increase
their access to places in the United States if exchanged for
benefits of similar magnitude for air carriers or the traveling
public with permanent linkage between rights granted and rights
given away.
(9) eliminating discrimination and unfair competitive practices
faced by United States airlines in foreign air transportation,
including -
(A) excessive landing and user fees;
(B) unreasonable ground handling requirements;
(C) unreasonable restrictions on operations;
(D) prohibitions against change of gauge; and
(E) similar restrictive practices.
(10) promoting, encouraging, and developing civil aeronautics
and a viable, privately-owned United States air transport
industry.
(f) Strengthening Competition. - In selecting an air carrier to
provide foreign air transportation from among competing applicants,
the Secretary of Transportation shall consider, in addition to the
matters specified in subsections (a) and (b) of this section, the
strengthening of competition among air carriers operating in the
United States to prevent unreasonable concentration in the air
carrier industry.
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