
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 301]
[Document affected by Public Law 106-181 Section 702(a)]
[Document affected by Public Law 106-181 Section 4]
[Document affected by Public Law 107-71 Section 133]
[CITE: 49USC40102]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40102. Definitions

    (a) General Definitions.--In this part--
        (1) ``aeronautics'' means the science and art of flight.
        (2) ``air carrier'' means a citizen of the United States 
    undertaking by any means, directly or indirectly, to provide air 
    transportation.
        (3) ``air commerce'' means foreign air commerce, interstate air 
    commerce, the transportation of mail by aircraft, the operation of 
    aircraft within the limits of a Federal airway, or the operation of 
    aircraft that directly affects, or may endanger safety in, foreign 
    or interstate air commerce.
        (4) ``air navigation facility'' means a facility used, available 
    for use, or designed for use, in aid of air navigation, including--
            (A) a landing area;
            (B) a light;
            (C) apparatus or equipment for distributing weather 
        information, signaling, radio-directional finding, or radio or 
        other electromagnetic communication; and
            (D) another structure or mechanism for guiding or 
        controlling flight in the air or the landing and takeoff of 
        aircraft.

        (5) ``air transportation'' means foreign air transportation, 
    interstate air transportation, or the transportation of mail by 
    aircraft.
        (6) ``aircraft'' means any contrivance invented, used, or 
    designed to navigate, or fly in, the air.
        (7) ``aircraft engine'' means an engine used, or intended to be 
    used, to propel an aircraft, including a part, appurtenance, and 
    accessory of the engine, except a propeller.
        (8) ``airman'' means an individual--
            (A) in command, or as pilot, mechanic, or member of the 
        crew, who navigates aircraft when under way;
            (B) except to the extent the Administrator of the Federal 
        Aviation Administration may provide otherwise for individuals 
        employed outside the United States, who is directly in charge of 
        inspecting, maintaining, overhauling, or repairing aircraft, 
        aircraft engines, propellers, or appliances; or
            (C) who serves as an aircraft dispatcher or air traffic 
        control-tower operator.

        (9) ``airport'' means a landing area used regularly by aircraft 
    for receiving or discharging passengers or cargo.
        (10) ``all-cargo air transportation'' means the transportation 
    by aircraft in interstate air transportation of only property or 
    only mail, or both.
        (11) ``appliance'' means an instrument, equipment, apparatus, a 
    part, an appurtenance, or an accessory used, capable of being used, 
    or intended to be used, in operating or controlling aircraft in 
    flight, including a parachute, communication equipment, and another 
    mechanism installed in or attached to aircraft during flight, and 
    not a part of an aircraft, aircraft engine, or propeller.
        (12) ``cargo'' means property, mail, or both.
        (13) ``charter air carrier'' means an air carrier holding a 
    certificate of public convenience and necessity that authorizes it 
    to provide charter air transportation.
        (14) ``charter air transportation'' means charter trips in air 
    transportation authorized under this part.
        (15) ``citizen of the United States'' means--
            (A) an individual who is a citizen of the United States;
            (B) a partnership each of whose partners is an individual 
        who is a citizen of the United States; or
            (C) a corporation or association organized under the laws of 
        the United States or a State, the District of Columbia, or a 
        territory or possession of the United States, of which the 
        president and at least two-thirds of the board of directors and 
        other managing officers are citizens of the United States, and 
        in which at least 75 percent of the voting interest is owned or 
        controlled by persons that are citizens of the United States.

        (16) ``civil aircraft'' means an aircraft except a public 
    aircraft.
        (17) ``civil aircraft of the United States'' means an aircraft 
    registered under chapter 441 of this title.
        (18) ``conditional sales contract'' means a contract--
            (A) for the sale of an aircraft, aircraft engine, propeller, 
        appliance, or spare part, under which the buyer takes possession 
        of the property but title to the property vests in the buyer at 
        a later time on--
                (i) paying any part of the purchase price;
                (ii) performing another condition; or
                (iii) the happening of a contingency; or

            (B) to bail or lease an aircraft, aircraft engine, 
        propeller, appliance, or spare part, under which the bailee or 
        lessee--
                (i) agrees to pay an amount substantially equal to the 
            value of the property; and
                (ii) is to become, or has the option of becoming, the 
            owner of the property on complying with the contract.

        (19) ``conveyance'' means an instrument, including a conditional 
    sales contract, affecting title to, or an interest in, property.
        (20) ``Federal airway'' means a part of the navigable airspace 
    that the Administrator designates as a Federal airway.
        (21) ``foreign air carrier'' means a person, not a citizen of 
    the United States, undertaking by any means, directly or indirectly, 
    to provide foreign air transportation.
        (22) ``foreign air commerce'' means the transportation of 
    passengers or property by aircraft for compensation, the 
    transportation of mail by aircraft, or the operation of aircraft in 
    furthering a business or vocation, between a place in the United 
    States and a place outside the United States when any part of the 
    transportation or operation is by aircraft.
        (23) ``foreign air transportation'' means the transportation of 
    passengers or property by aircraft as a common carrier for 
    compensation, or the transportation of mail by aircraft, between a 
    place in the United States and a place outside the United States 
    when any part of the transportation is by aircraft.
        (24) ``interstate air commerce'' means the transportation of 
    passengers or property by aircraft for compensation, the 
    transportation of mail by aircraft, or the operation of aircraft in 
    furthering a business or vocation--
            (A) between a place in--
                (i) a State, territory, or possession of the United 
            States and a place in the District of Columbia or another 
            State, territory, or possession of the United States;
                (ii) a State and another place in the same State through 
            the airspace over a place outside the State;
                (iii) the District of Columbia and another place in the 
            District of Columbia; or
                (iv) a territory or possession of the United States and 
            another place in the same territory or possession; and

            (B) when any part of the transportation or operation is by 
        aircraft.

        (25) ``interstate air transportation'' means the transportation 
    of passengers or property by aircraft as a common carrier for 
    compensation, or the transportation of mail by aircraft--
            (A) between a place in--
                (i) a State, territory, or possession of the United 
            States and a place in the District of Columbia or another 
            State, territory, or possession of the United States;
                (ii) Hawaii and another place in Hawaii through the 
            airspace over a place outside Hawaii;
                (iii) the District of Columbia and another place in the 
            District of Columbia; or
                (iv) a territory or possession of the United States and 
            another place in the same territory or possession; and

            (B) when any part of the transportation is by aircraft.

        (26) ``intrastate air carrier'' means a citizen of the United 
    States undertaking by any means to provide only intrastate air 
    transportation.
        (27) ``intrastate air transportation'' means the transportation 
    by a common carrier of passengers or property for compensation, 
    entirely in the same State, by turbojet-powered aircraft capable of 
    carrying at least 30 passengers.
        (28) ``landing area'' means a place on land or water, including 
    an airport or intermediate landing field, used, or intended to be 
    used, for the takeoff and landing of aircraft, even when facilities 
    are not provided for sheltering, servicing, or repairing aircraft, 
    or for receiving or discharging passengers or cargo.
        (29) ``mail'' means United States mail and foreign transit mail.
        (30) ``navigable airspace'' means airspace above the minimum 
    altitudes of flight prescribed by regulations under this subpart and 
    subpart III of this part, including airspace needed to ensure safety 
    in the takeoff and landing of aircraft.
        (31) ``navigate aircraft'' and ``navigation of aircraft'' 
    include piloting aircraft.
        (32) ``operate aircraft'' and ``operation of aircraft'' mean 
    using aircraft for the purposes of air navigation, including--
            (A) the navigation of aircraft; and
            (B) causing or authorizing the operation of aircraft with or 
        without the right of legal control of the aircraft.

        (33) ``person'', in addition to its meaning under section 1 of 
    title 1, includes a governmental authority and a trustee, receiver, 
    assignee, and other similar representative.
        (34) ``predatory'' means a practice that violates the antitrust 
    laws as defined in the first section of the Clayton Act (15 U.S.C. 
    12).
        (35) ``price'' means a rate, fare, or charge.
        (36) ``propeller'' includes a part, appurtenance, and accessory 
    of a propeller.
        (37) ``public aircraft''--
            (A) means an aircraft--
                (i) used only for the United States Government;
                (ii) owned by the United States Government and operated 
            by any person for purposes related to crew training, 
            equipment development, or demonstration; or
                (iii) owned and operated (except for commercial 
            purposes), or exclusively leased for at least 90 continuous 
            days, by a government (except the United States Government), 
            including a State, the District of Columbia, or a territory 
            or possession of the United States, or political subdivision 
            of that government; but

            (B) does not include a government-owned aircraft--
                (i) transporting property for commercial purposes; or
                (ii) transporting passengers other than--
                    (I) transporting (for other than commercial 
                purposes) crewmembers or other persons aboard the 
                aircraft whose presence is required to perform, or is 
                associated with the performance of, a governmental 
                function such as firefighting, search and rescue, law 
                enforcement, aeronautical research, or biological or 
                geological resource management; or
                    (II) transporting (for other than commercial 
                purposes) persons aboard the aircraft if the aircraft is 
                operated by the Armed Forces or an intelligence agency 
                of the United States.

        An aircraft described in the preceding sentence shall, 
        notwithstanding any limitation relating to use of the aircraft 
        for commercial purposes, be considered to be a public aircraft 
        for the purposes of this part without regard to whether the 
        aircraft is operated by a unit of government on behalf of 
        another unit of government, pursuant to a cost reimbursement 
        agreement between such units of government, if the unit of 
        government on whose behalf the operation is conducted certifies 
        to the Administrator of the Federal Aviation Administration that 
        the operation was necessary to respond to a significant and 
        imminent threat to life or property (including natural 
        resources) and that no service by a private operator was 
        reasonably available to meet the threat.

        (38) ``spare part'' means an accessory, appurtenance, or part of 
    an aircraft (except an aircraft engine or propeller), aircraft 
    engine (except a propeller), propeller, or appliance, that is to be 
    installed at a later time in an aircraft, aircraft engine, 
    propeller, or appliance.
        (39) ``State authority'' means an authority of a State 
    designated under State law--
            (A) to receive notice required to be given a State authority 
        under subpart II of this part; or
            (B) as the representative of the State before the Secretary 
        of Transportation in any matter about which the Secretary is 
        required to consult with or consider the views of a State 
        authority under subpart II of this part.

        (40) ``ticket agent'' means a person (except an air carrier, a 
    foreign air carrier, or an employee of an air carrier or foreign air 
    carrier) that as a principal or agent sells, offers for sale, 
    negotiates for, or holds itself out as selling, providing, or 
    arranging for, air transportation.
        (41) ``United States'' means the States of the United States, 
    the District of Columbia, and the territories and possessions of the 
    United States, including the territorial sea and the overlying 
    airspace.

    (b) Limited Definition.--In subpart II of this part, ``control'' 
means control by any means.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1097; Pub. L. 103-
305, title VI, Sec. 601(b)(2)(B), Aug. 23, 1994, 108 Stat. 1606; Pub. L. 
103-411, Sec. 3(a), Oct. 25, 1994, 108 Stat. 4236; Pub. L. 103-429, 
Sec. 6(46), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 105-137, Sec. 6, Dec. 
2, 1997, 111 Stat. 2641.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
40102(a)(1)...........................  49 App.:1301(2).                 Aug. 2
3, 1958, Pub. L. 85-726, Secs.
                                                                          101(2
), (3) (less proviso), (5)-(10),
                                                                          413, 
72 Stat. 737, 770.
40102(a)(2)...........................  49 App.:1301(3) (less proviso).
40102(a)(3)...........................  49 App.:1301(4).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          101(4
), 72 Stat. 737; Sept. 5, 1961,
                                                                          Pub. 
L. 87-197, Sec.  3, 75 Stat. 467.
40102(a)(4)...........................  49 App.:1301(8).
40102(a)(5)...........................  49 App.:1301(10).
40102(a)(6), (7)......................  49 App.:1301(5), (6).
40102(a)(8)...........................  49 App.:1301(7).
                                        49 App.:1655(c)(1).              Oct. 1
5, 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.
40102(a)(9)...........................  49 App.:1301(9).
40102(a)(10)..........................  49 App.:1301(11).                Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  101(11); added Nov. 9,
                                                                          1977,
 Pub. L. 95-163, Sec.  17(b)(2),
                                                                          91 St
at. 1286; restated Oct. 4, 1984,
                                                                          Pub. 
L. 98-443, Sec.  9(a)(1), 98
                                                                          Stat.
 1706.
40102(a)(11)..........................  49 App.:1301(12).                Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          101(1
2), (16)-(34), (37), (40), (41),
                                                                          72 St
at. 737, 739; July 10, 1962, Pub.
                                                                          L. 87
-528, Sec.  1, 76 Stat. 143;
                                                                          Sept.
 26, 1968, Pub. L. 90-514, Sec.
                                                                          1, 82
 Stat. 867; Oct. 14, 1970, Pub.
                                                                          L. 91
-449, Sec.  1(2), 84 Stat. 921;
                                                                          Aug. 
5, 1974, Pub. L. 93-366, Sec.
                                                                          206, 
88 Stat. 419; Nov. 9, 1977, Pub.
                                                                          L. 95
-163, Sec.  17(b)(1), 91 Stat.
                                                                          1286;
 Oct. 24, 1978, Pub. L. 95-504,
                                                                          Sec. 
 2(a)(4), (b), 92 Stat. 1705.
40102(a)(12)..........................  (no source).
40102(a)(13)..........................  49 App.:1301(14) (less           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         certificate).                    731, 
Sec.  101(14) (less certificate),
                                                                          (15);
 added Oct. 24, 1978, Pub. L. 95-
                                                                          504, 
Sec.  2(a)(1), 92 Stat. 1705.
40102(a)(14)..........................  49 App.:1301(15).
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
40102(a) (15)-(18)....................  49 App.:1301(16)-(19).
40102(a)(19)..........................  49 App.:1301(20).
40102(a)(20)..........................  49 App.:1301(21).
                                        49 App.:1655(c)(1).
40102(a)(21)..........................  49 App.:1301(22).
40102(a)(22)..........................  49 App.:1301(23) (related to
                                         foreign air commerce).
40102(a)(23)..........................  49 App.:1301(24) (related to
                                         foreign air transportation).
40102(a)(24)..........................  49 App.:1301(23) (related to
                                         interstate and overseas air
                                         commerce).
40102(a)(25)..........................  49 App.:1301(24) (related to
                                         interstate and overseas air
                                         transportation).
                                        49 App.:1305(b)(2), (d)          Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         (related to (b)(2)).             731, 
Sec.  105(b)(2), (d) (related to
                                                                          (b)(2
)); added Oct. 24, 1978, Pub. L.
                                                                          95-50
4, Sec.  4(a), 92 Stat. 1708.
40102(a) (26)-(32)....................  49 App.:1301(25)-(31).
40102(a)(33)..........................  49 App.:1301(32).
40102(a)(34)..........................  49 App.:1301(35).                Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  101(35), (39); added Oct.
                                                                          24, 1
978, Pub. L. 95-504, Sec.
                                                                          2(a)(
2), (3), (b), 92 Stat. 1705.
40102(a)(35)..........................  (no source).
40102(a)(36)..........................  49 App.:1301(33), (34).
40102(a)(37)..........................  49 App.:1301(36).                Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          101(3
6), 72 Stat. 739; Aug. 5, 1974,
                                                                          Pub. 
L. 93-366, Sec.  206, 88 Stat.
                                                                          419; 
Nov. 9, 1977, Pub. L. 95-163,
                                                                          Sec. 
 17(b)(1), 91 Stat. 1286; Oct.
                                                                          24, 1
978, Pub. L. 95-504, Sec.  2, 92
                                                                          Stat.
 1705; Dec. 30, 1987, Pub. L. 100-
                                                                          223, 
Sec.  207, 101 Stat. 1523.
40102(a)(38)..........................  49 App.:1301(37).
40102(a)(39)..........................  49 App.:1301(39).
40102(a)(40)..........................  49 App.:1301(40).
40102(a)(41)..........................  49 App.:1301(41).
40102(b)..............................  49 App.:1383.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(2), the words ``by any means'' are substituted for 
``whether . . . or by a lease or any other arrangement'' to eliminate 
unnecessary words. The word ``provide'' is substituted for ``engage in'' 
for consistency in the revised title.
    In subsection (a)(3), the words ``or navigation'' are omitted as 
being included in the definition of ``operation of aircraft'' in this 
subsection.
    In subsection (a)(4)(D), the words ``having a similar purpose'' are 
omitted as surplus.
    In subsection (a)(6), the words ``now known or hereafter'' are 
omitted as surplus.
    In subsection (a)(7), the words ``of the engine'' are substituted 
for ``thereof'' for clarity.
    In subsection (a)(8)(A), the words ``as the person'' are omitted as 
surplus.
    In subsection (a)(10), the word ``transportation'' is substituted 
for ``carriage'' for consistency in the revised title.
    In subsection (a)(11), the words ``of whatever description'' are 
omitted as surplus. The word ``navigation'' is omitted as being included 
in the definition of ``operate aircraft'' in this subsection. The words 
``or mechanisms'' are omitted because of 1:1.
    Subsection (a)(12) is added for clarity to distinguish between cargo 
(which includes mail) and property (which does not include mail).
    In subsection (a)(13), the word ``provide'' is substituted for 
``engage in'' for consistency in the revised title.
    In subsection (a)(14), the words ``including inclusive tour charter 
trips'' are omitted as obsolete. The words ``authorized under this 
part'' are substituted for ``rendered pursuant to authority conferred 
under this chapter under regulations prescribed by the Board'' to 
eliminate unnecessary words.
    In subsection (a)(15)(A), the words ``or of one of its possessions'' 
are omitted as being included in the definition of ``United States'' in 
this subsection.
    In subsection (a)(15)(C), the words ``created or'' are omitted as 
being included in ``organized''.
    In subsection (a)(17), the words ``chapter 441 of this title'' are 
substituted for ``this chapter'' for clarity because aircraft are 
registered only under chapter 441.
    In subsection (a)(18), the text of 49 App.:1301(19) (last sentence) 
is omitted as surplus.
    In subsection (a)(18)(A), before subclause (i), the words ``title 
to'' are added for clarity and consistency in this section.
    In subsection (a)(18)(B)(i), the words ``as compensation'' are 
omitted as surplus.
    In subsection (a)(18)(B)(ii), the words ``it is agreed that'', 
``bound'', ``full'', and ``the terms of'' are omitted as surplus.
    In subsection (a)(19), the words ``bill of sale . . . mortgage, 
assignment of mortgage, or other'' are omitted as being included in 
``instrument''.
    In subsection (a)(20), the words ``of the United States'' are 
omitted for consistency in the revised title and because of the 
definition of ``navigable airspace'' in this subsection.
    In subsection (a)(21), the words ``by any means'' are substituted 
for ``whether . . . or by lease or any other arrangement'' to eliminate 
unnecessary words. The word ``provide'' is substituted for ``engage in'' 
for consistency in the revised title.
    In subsection (a)(22)-(25) and (27), the words ``transportation'' 
and ``passengers'' are substituted for ``carriage'' and ``persons'', 
respectively, for consistency in the revised title. The word 
``compensation'' is substituted for, and is coextensive with, 
``compensation or hire''.
    In subsection (a)(22) and (24), the words ``or navigation'' are 
omitted as being included in the definition of ``operation of aircraft'' 
in this subsection. The words ``the conduct or'' and ``in commerce'' are 
omitted as surplus. The words ``when any part of the transportation or 
operation is by aircraft'' are substituted for 49 App.:1301(23) (words 
after last semicolon) to eliminate unnecessary words.
    In subsection (a)(23) and (25), the words ``in commerce'' are 
omitted as surplus. The words ``when any part of the transportation is 
by aircraft'' are substituted for 49 App.:1301(24) (words after last 
semicolon) to eliminate unnecessary words.
    In subsection (a)(24), (25), and (27), the words ``of the United 
States'' are omitted as surplus.
    In subsection (a)(24)(A)(i) and (25)(A)(i), the words ``or the 
District of Columbia'' the first time they appear are omitted as 
surplus.
    In subsection (a)(25)(A)(ii), the text of 49 App.:1301(24)(a) (words 
between semicolons) is omitted because 49 App.:1305(b)(2) removes the 
subject matter of the text from the definition. See H. Rept. No. 95-
1211, 95th Cong., 2d Sess., p.16 (1978).
    In subsection (a)(26), the words ``by any means'' are substituted 
for ``whether . . . or by a lease or any other arrangement'' to 
eliminate unnecessary words. The word ``provide'' is substituted for 
``engage'' for consistency in the revised title.
    In subsection (a)(28), the word ``place'' is substituted for 
``locality'' for consistency in the revised title.
    In subsection (a)(32)(B), the words ``(in the capacity of owner, 
lessee, or otherwise)'' are omitted as surplus.
    In subsection (a)(33), the words ``in addition to its meaning under 
section 1 of title 1'' are substituted for ``any individual, firm, 
copartnership, corporation, company, association, joint stock 
association'' for clarity because 1:1 is applicable to all laws unless 
otherwise provided. The words ``governmental authority'' are substituted 
for ``body politic'' for consistency in the revised title and with other 
titles of the United States Code.
    Subsection (a)(35) is added to eliminate repetition of the words 
``rates, fares, or charges'' throughout this part.
    In subsection (a)(36), the text of 49 App.:1301(34) (1st sentence) 
is omitted as obsolete. Reference to the Canal Zone is omitted because 
of the Panama Canal Treaty of 1977. The text of 49 App.:1301(34) (last 
sentence) is omitted because of 48:734.
    Subsection (a)(37)(A)(i) is substituted for ``used exclusively in 
the service of any government'' and ``For purposes of this paragraph, 
`used exclusively in the service of' means, for other than the Federal 
Government'' for clarity and to eliminate unnecessary words.
    Subsection (a)(37)(A)(ii) is substituted for ``used exclusively in 
the service of any government or of any political subdivision thereof, 
including the government of any State, Territory, or possession of the 
United States, or the District of Columbia'' and ``For purposes of this 
paragraph, `used exclusively in the service of' means, for other than 
the Federal Government, an aircraft which is owned and operated by a 
governmental entity for other than commercial purposes or which is 
exclusively leased by such governmental entity for not less than 90 
continuous days'' for clarity and to eliminate unnecessary words.
    In subsection (a)(37)(B), the words ``transporting passengers or 
property'' are substituted for ``engaged in carrying persons or 
property'' for consistency in the revised title.
    In subsection (a)(38), the words ``that is to be installed at a 
later time'' are substituted for ``maintained for installation or use . 
. . but which at the time are not installed therein or attached 
thereto'' to eliminate unnecessary words.
    In subsection (a)(39), the word ``authority'' is substituted for 
``agency'' and ``entity'' for consistency in the revised title. Before 
subclause (A), the words ``department, agency, officer, or other'' are 
omitted as being included in ``authority''.
    In subsection (a)(40), the words ``bona fide'' and ``by 
solicitation, advertisement, or otherwise'' are omitted as surplus. The 
words ``furnishes, contracts'' are omitted as being included in 
``providing, or arranging''.
    In subsection (a)(41), the words ``States of the United States'' are 
substituted for ``several States'', and the word ``sea'' is substituted 
for ``waters'', for consistency in the revised title and with other 
titles of the Code.
    Subsection (b) is substituted for 49 App.:1383 to eliminate 
unnecessary words.


                             Pub. L. 103-429

    This makes a conforming amendment for consistency with the style of 
title 49.


                               Amendments

    1997--Subsec. (a)(37)(A). Pub. L. 105-137 struck out ``or'' at end 
of cl. (i), added cl. (ii), and redesignated former cl. (ii) as (iii).
    1994--Subsec. (a)(30). Pub. L. 103-429 substituted ``this subpart 
and subpart III'' for ``subparts I and III''.
    Subsec. (a)(35). Pub. L. 103-305 struck out ``for air 
transportation'' after ``charge''.
    Subsec. (a)(37)(B). Pub. L. 103-411 added subpar. (B) and struck out 
former subpar. (B) which read as follows: ``does not include a 
government-owned aircraft transporting passengers or property for 
commercial purposes.''


                    Effective Date of 1994 Amendments

    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 
of Pub. L. 103-429, set out as a note under section 321 of this title.
    Amendment by Pub. L. 103-411 effective on the 180th day following 
Oct. 25, 1994, see section 3(d) of Pub. L. 103-411, set out as a note 
under section 1131 of this title.
    Amendment by Pub. L. 103-305 effective Jan. 1, 1995, see section 
601(d) of Pub. L. 103-305, set out as a note under section 10521 of this 
title.


                Definitions Applicable to Pub. L. 103-305

    Section 2 of Pub. L. 103-305 provided that: ``In this Act [see Short 
Title of 1994 Amendment note set out under section 40101 of this title], 
the following definitions apply:
        ``(1) Administrator.--The term `Administrator' means the 
    Administrator of the Federal Aviation Administration.
        ``(2) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.''

                  Section Referred to in Other Sections

    This section is referred to in sections 321, 1101, 1131, 5114, 
47129, 47302, 47522 of this title; title 8 section 1184; title 10 
sections 2640, 9511; title 11 sections 365, 1110; title 15 section 2052; 
title 18 sections 31, 229F, 553; title 19 sections 1627a, 1644a, 2492; 
title 22 sections 5605, 6701; title 29 section 1301; title 31 section 
3726; title 39 sections 5005, 5007, 5402; title 42 sections 4902, 7574.
