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49 U.S.C. § 40109

Authority to exempt

United States · Title 49 — TRANSPORTATION · Status: effective

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49 U.S.C. § 40109, Authority to exempt, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/490803
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The Secretary of Transportation may exempt from subpart II of this part— The Secretary may not exempt an air carrier from section 42112 of this title. However, the Secretary may exempt from section 42112(b)(1) and (2) an air carrier not providing scheduled air transportation, and the operations conducted during daylight hours by an air carrier providing scheduled air transportation, when the Secretary decides that— An air carrier is exempt from section 41101(a)(1) of this title, and the Secretary may exempt an air carrier from another provision of subpart II of this part, if the air carrier— To the extent that the Secretary decides an exemption is in the public interest, the Secretary may exempt by order a foreign air carrier from the requirements and limitations of this part for not more than 30 days to allow the foreign air carrier to carry passengers or cargo in interstate air transportation in certain markets if the Secretary finds that— all possible efforts have been made to accommodate the traffic by using the resources of the air carriers, including the use of— When the Secretary grants an exemption to a foreign air carrier under this subsection, the Secretary shall—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 103-272(H.R. 1758)1994-07-05
    To revise, codify, and enact without substantive change certain general and permanent laws, related to transportation, as subtitles II, III, and V-X of title 49, United States Code, "Transportation", and to make other technical improvements in the Code.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-287(H.R. 2297)1996-10-11
    To codify without substantive change laws related to transportation and to improve the United States Code.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 115-254(H.R. 302)2018-10-05
    FAA Reauthorization Act of 2018
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 118-63(H.R. 3935)2024-05-16
    FAA Reauthorization Act of 2024