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U.S. Code as of:
01/19/04
Section 41703. Navigation of foreign civil aircraft
(a) Permitted Navigation. - 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) Requirements for Authorizing Navigation. - 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) Providing Air Commerce. - 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) Permit Requirements Not Affected. - 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) Cargo in Alaska. -
(1) In general. - 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) Eligible cargo. - 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.
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