49 U.S.C. § 44302
HISTORICAL AND REVISION NOTE | ||
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
44302(a) | 49 App.:1532(a)(1) (less words between 1st and 3d commas), (3). | Aug. 23, 1958, Pub. L. 85-726, §1302(a), 72 Stat. 801; restated Nov. 9, 1977, Pub. L. 95-163, §2, 91 Stat. 1278; Oct. 31, 1992, Pub. L. 102-581, §401(b), 106 Stat. 4897. |
49 App.:1537(a) (last sentence words between 2d and 3d commas). | Aug. 23, 1958, Pub. L. 85-726, §1307(a) (last sentence words between 2d and 3d commas), 72 Stat. 804; Oct. 4, 1984, Pub. L. 98-443, §9(b), 98 Stat. 1706. | |
44302(b) | 49 App.:1532(a)(1) (words between 1st and 2d commas), (2). | |
44302(c) | 49 App.:1532(a)(1) (words between 2d and 3d commas). | |
44302(d) | 49 App.:1541. | Aug. 23, 1958, Pub. L. 85-726, §1311, 72 Stat. 806. |
EDITORIAL NOTES
REFERENCES IN TEXTThe date of enactment of this paragraph, referred to in subsec. (b)(4), is the date of enactment of Pub. L. 107-42 which was approved Sept. 22, 2001. The date of enactment of this subsection, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 107-296 which was approved Nov. 25, 2002.
AMENDMENTS2014-Subsec. (f)(1). Pub. L. 113-235 substituted "December 11, 2014" for "the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015". Pub. L. 113-164 substituted "the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015" for "September 30, 2014". Pub. L. 113-76 substituted "September 30, 2014" for "the date specified in section 106(3) of the Continuing Appropriations Act, 2014". 2013-Subsec. (f)(1). Pub. L. 113-46 substituted "the date specified in section 106(3) of the Continuing Appropriations Act, 2014" for "September 30, 2013, and may extend through December 31, 2013". 2012-Subsec. (f)(1). Pub. L. 112-95 substituted "shall extend through September 30, 2013, and may extend through December 31, 2013, the termination date" for "shall extend through February 17, 2012, and may extend through May 17, 2012, the termination date". Pub. L. 112-91 substituted "February 17, 2012," for "January 31, 2012," and "May 17, 2012," for "April 30, 2012,".2011-Subsec. (f)(1). Pub. L. 112-30 substituted "January 31, 2012," for "September 16, 2011," and "April 30, 2012," for "December 31, 2011,". Pub. L. 112-27 substituted "September 16, 2011," for "July 22, 2011," and "December 31, 2011," for "October 31, 2011,". Pub. L. 112-21 substituted "July 22, 2011," for "June 30, 2011," and "October 31, 2011," for "September 30, 2011,". Pub. L. 112-16 substituted "June 30, 2011," for "May 31, 2011," and "September 30, 2011," for "August 31, 2011,". Pub. L. 112-7 substituted "May 31, 2011," for "March 31, 2011," and "August 31, 2011," for "June 30, 2011,". 2010-Subsec. (f)(1). Pub. L. 111-329, §5(b), substituted "March 31, 2011," for "December 31, 2010," and "June 30, 2011," for "March 31, 2011,". Pub. L. 111-249 substituted "December 31, 2010," for "September 30, 2010," and "March 31, 2011," for "December 31, 2010,". Pub. L. 111-216 substituted "September 30, 2010," for "August 1, 2010," and "December 31, 2010," for "October 31, 2010,". Pub. L. 111-197 substituted "August 1, 2010," for "July 3, 2010," and "October 31, 2010," for "September 30, 2010,". Pub. L. 111-161 substituted "July 3, 2010," for "April 30, 2010," and "September 30, 2010," for "July 31, 2010,". Pub. L. 111-153 substituted "April 30, 2010," for "March 31, 2010," and "July 31, 2010," for "June 30, 2010,". 2009-Subsec. (f)(1). Pub. L. 111-117 which directed the substitution of "September 30, 2010," for "September 30, 2009," and "December 31, 2010," for "December 31, 2009,", could not be executed because of the intervening amendment by Pub. L. 111-69. See below. Pub. L. 111-116 substituted "March 31, 2010," for "December 31, 2009," and "June 30, 2010," for "March 31, 2010,". Pub. L. 111-69 substituted "December 31, 2009," for "September 30, 2009," and "March 31, 2010," for "December 31, 2009,". Pub. L. 111-12 substituted "September 30, 2009," for "March 31, 2009," and "December 31, 2009," for "May 31, 2009,".2008-Subsec. (f)(1). Pub. L. 110-330 substituted "March 31, 2009," for "November 30, 2008," and "May 31, 2009," for "December 31, 2008,". Pub. L. 110-253 substituted "November 30, 2008" for "August 31, 2008".2007-Subsec. (f)(1). Pub. L. 110-161 substituted "2008" for "2006" in two places. 2005-Subsec. (f)(1). Pub. L. 109-115 substituted "2006" for "2005" in two places.2004-Subsec. (f)(1). Pub. L. 108-447 substituted "2005" for "2004" in two places. 2003-Subsec. (f)(1). Pub. L. 108-11 substituted "2004" for "2003" in two places.Subsec. (g). Pub. L. 108-176 added subsec. (g).2002-Subsec. (f). Pub. L. 107-296 added subsec. (f).2001-Subsec. (a)(1). Pub. L. 107-42, §201(a)(1), substituted "subsection (c)" for "subsection (b)" and "foreign-flag aircraft." for "foreign-flag aircraft-" and struck out subpars. (A) and (B) which read as follows:"(A) in foreign air commerce; or"(B) between at least 2 places, all of which are outside the United States."Subsec. (b). Pub. L. 107-42, §201(a)(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 107-42, §201(a)(2), (4), redesignated subsec. (b) as (c), in first sentence inserted ", or reimburse an air carrier under subsection (b) of this section," before "only with the approval", and in second sentence inserted "or the reimbursement" before "only after deciding" and "in the interest of air commerce or national security or" before "to carry out the foreign policy". Former subsec. (c) redesignated (d).Subsec. (d). Pub. L. 107-42, §201(a)(2), (5), redesignated subsec. (c) as (d) and inserted "or reimbursing an air carrier" before "under this chapter". Former subsec. (d) redesignated (e).Subsec. (e). Pub. L. 107-42, §201(a)(2), redesignated subsec. (d) as (e). 1997-Subsec. (a)(2). Pub. L. 105-137 substituted "as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry." for "as determined by the Secretary."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112-27 effective July 23, 2011, see section 5(j) of Pub. L. 112-27 set out as a note under section 40117 of this title.Amendment by Pub. L. 112-21 effective July 1, 2011, see section 5(j) of Pub. L. 112-21 set out as a note under section 40117 of this title.Amendment by Pub. L. 112-16 effective June 1, 2011, see section 5(j) of Pub. L. 112-16 set out as a note under section 40117 of this title.Amendment by Pub. L. 112-7 effective Apr. 1, 2011, see section 5(j) of Pub. L. 112-7 set out as a note under section 40117 of this title.
EFFECTIVE DATE OF 2010 AMENDMENTAmendment by Pub. L. 111-329 effective Jan. 1, 2011, see section 5(j) of Pub. L. 111-329 set out as a note under section 40117 of this title.Amendment by Pub. L. 111-249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111-249 set out as a note under section 40117 of this title.Amendment by Pub. L. 111-216 effective Aug. 2, 2010, see section 104(j) of Pub. L. 111-216 set out as a note under section 40117 of this title.Amendment by Pub. L. 111-197 effective July 4, 2010, see section 5(j) of Pub. L. 111-197 set out as a note under section 40117 of this title.Amendment by Pub. L. 111-161 effective May 1, 2010, see section 5(j) of Pub. L. 111-161 set out as a note under section 40117 of this title.Amendment by Pub. L. 111-153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111-153 set out as a note under section 40117 of this title.
EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111-116 effective Jan. 1, 2010, see section 5(j) of Pub. L. 111-116 set out as a note under section 40117 of this title.Amendment by Pub. L. 111-12 effective Apr. 1, 2009, see section 5(j) of Pub. L. 111-12 set out as a note under section 40117 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110-330 set out as a note under section 40117 of this title.Amendment by Pub. L. 110-253 effective July 1, 2008, see section 3(d) of Pub. L. 110-253 set out as a note under section 9502 of Title 26, Internal Revenue Code.
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.
EFFECTIVE DATE OF 2002 AMENDMENTAmendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296 set out as an Effective Date note under section 101 of Title 6, Domestic Security.
EXTENSION OF TERMINATION DATE OF POLICIES Pub. L. 109-289, div. B, title II, §21002(a), as added by Pub. L. 110-5, §2, Feb. 15, 2007, 121 Stat. 47, provided that subsec. (f)(1) of this section would be applied by substituting "September 30, 2007" for "August 31, 2006, and may extend through December 31, 2006".
EXECUTIVE DOCUMENTS
PROVISION OF AVIATION INSURANCE COVERAGE FOR COMMERCIAL AIR CARRIER SERVICEDetermination of President of the United States, No. 94-39, July 26, 1994, 59 F.R. 38551, provided: By virtue of the authority vested in me by the Constitution and laws of the United States, including 3 U.S.C. 301 and 49 U.S.C. 44302, I hereby:(1) determine that continuation of authorized humanitarian relief air services to Haiti is necessary to carry out the foreign policy of the United States;(2) approve provision by the Secretary of Transportation of insurance against loss or damage arising out of any risk from the operation of an aircraft in the manner and to the extent provided in 49 U.S.C. 44301-44310, whenever he determines that such insurance cannot be obtained on reasonable terms and conditions from any company authorized to conduct an insurance business in a State of the United States;(3) delegate to the Secretary of Transportation, in consultation with the Secretary of State, the authority vested in me by 49 U.S.C. 44302(b) [now 44302(c)], for purposes of responding to the current crisis in Haiti; and(4) delegate to the Secretary of Transportation, in consultation with the Secretary of State, the authority vested in me by 49 U.S.C. 44306(b) [now 44306(c)] for purposes of responding to the current crisis in Haiti.The Secretary of Transportation is directed to bring this determination immediately to the attention of all air carriers within the meaning of 49 U.S.C. 40102(a)(2), and to arrange for its publication in the Federal Register.William J. Clinton.
PROVISION OF AVIATION INSURANCE COVERAGE FOR COMMERCIAL AIR CARRIER SERVICE IN DOMESTIC AND INTERNATIONAL OPERATIONSMemorandum for the Secretary of TransportationMemorandum of President of the United States, Dec. 27, 2013, 79 F.R. 527, provided:By the authority vested in me as President by the Constitution and the laws of the United States, including 49 U.S.C. 44301-44310, I hereby:1. Determine that the continuation of U.S. air transportation is necessary in the interest of air commerce, national security, and the foreign policy of the United States.2. Approve provision by the Secretary of Transportation of insurance or reinsurance to U.S.-certificated air carriers against loss or damage arising out of any risk from the operation of an aircraft, in the manner and to the extent provided in chapter 443 of title 49, United States Code, until January 15, 2014, if he determines that such insurance or reinsurance cannot be obtained on reasonable terms from any company authorized to conduct an insurance business in a State of the United States.3. Delegate to the Secretary of Transportation the authority, vested in me by 49 U.S.C. 44306(c), to extend this approval and determination through December 31, 2014, or until any date prior to December 31, 2014, provided that the Congress further extends the date contained in section 44310 and further provided that he not use this delegation to extend this determination and approval beyond the dates authorized under any such provision of law with an ending effective date prior to December 31, 2014.You are directed to bring this determination immediately to the attention of all air carriers, as defined in 49 U.S.C. 40102(a)(2), and to arrange for its publication in the Federal Register.Barack Obama. Prior Presidential documents related to provision of insurance to U.S.-flag commercial air service were contained in the following: Memorandum of President of the United States, Sept. 27, 2012, 77 F.R. 60035.Memorandum of President of the United States, Sept. 28, 2011, 76 F.R. 61247.Memorandum of President of the United States, Sept. 29, 2010, 75 F.R. 61033.Memorandum of President of the United States, Aug. 21, 2009, 74 F.R. 43617. Memorandum of President of the United States, Dec. 23, 2008, 73 F.R. 79589.Memorandum of President of the United States, Dec. 27, 2007, 73 F.R. 1813.Memorandum of President of the United States, Dec. 21, 2006, 71 F.R. 77243.Memorandum of President of the United States, Dec. 22, 2005, 70 F.R. 76669. Determination of President of the United States, No. 2005-15, Dec. 21, 2004, 69 F.R. 77607.Determination of President of the United States, No. 2004-13, Dec. 11, 2003, 69 F.R. 5237. Determination of President of the United States, No. 01-29, Sept. 23, 2001, 66 F.R. 49075.
- American aircraft
- "American aircraft" means-(A) a civil aircraft of the United States; and(B) an aircraft owned or chartered by, or made available to-(i) the United States Government; or(ii) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of the State, territory, or possession.
- aircraft manufacturer
- "aircraft manufacturer" means any company or other business entity, the majority ownership and control of which is by United States citizens, that manufactures aircraft or aircraft engines.
- insurance carrier
- "insurance carrier" means a person authorized to do aviation insurance business in a State, including a mutual or stock insurance company and a reciprocal insurance association.