U.S. Code » Title 49 » Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part PART A— AIR COMMERCE AND SAFETY › Subpart subpart i— general › Chapter CHAPTER 401— GENERAL PROVISIONS

49 U.S.C. § 103

SPECIAL RULES FOR COMPENSATION.

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“(a)Documentation.—Subject to subsection (b), the amount of compensation payable to an air carrier under section 101(a)(2) may not exceed the amount of losses described in section 101(a)(2) that the air carrier demonstrates to the satisfaction of the President, using sworn financial statements or other appropriate data, that the air carrier incurred. The Secretary of Transportation and the Comptroller General of the United States may audit such statements and may request any information that the Secretary and the Comptroller General deems necessary to conduct such audit.“(b)Maximum Amount of Compensation Payable Per Air Carrier.—The maximum total amount of compensation payable to an air carrier under section 101(a)(2) may not exceed the lesser of—“(1) the amount of such air carrier’s direct and incremental losses described in section 101(a)(2); or“(2) in the case of—“(A) flights involving passenger-only or combined passenger and cargo transportation, the product of—“(i) $4,500,000,000; and“(ii) the ratio of—     “(I) the available seat miles of the air carrier for the month of August 2001 as reported to the Secretary; to     “(II) the total available seat miles of all such air carriers for such month as reported to the Secretary; and“(B) flights involving cargo-only transportation, the product of—“(i) $500,000,000; and“(ii) the ratio of—     “(I) the revenue ton miles or other auditable measure of the air carrier for cargo for the latest quarter for which data is available as reported to the Secretary; to     “(II) the total revenue ton miles or other auditable measure of all such air carriers for cargo for such quarter as reported to the Secretary.“(c)Payments.—The President may provide compensation to air carriers under section 101(a)(2) in 1 or more payments up to the amount authorized by this title.“(d)Compensation for Certain Air Carriers.—“(1)Set-aside.—The President may set aside a portion of the amount of compensation payable to air carriers under section 101(a)(2) to provide compensation to classes of air carriers, such as air tour operators and air ambulances (including hospitals operating air ambulances) for whom the application of a distribution formula containing available seat miles as a factor would inadequately reflect their share of direct and incremental losses. The President shall reduce the $4,500,000,000 specified in subsection (b)(2)(A)(i) by the amount set aside under this subsection.“(2)Distribution of amounts.—The President shall distribute the amount set aside under this subsection proportionally among such air carriers based on an appropriate auditable measure, as determined by the President.
Notes of Decisions
Cited in 32 cases (6 in the last 5 years), 1931–2025 · leading case: Transp. Div. of the Int'l Ass'n of Sheet Metal, Air, Rail & Tranportation Workers v. FRA, 10 F.4th 869 (D.C. Cir. 2021).
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Transp. Div. of the Int'l Ass'n of Sheet Metal, Air, Rail & Tranportation Workers v. FRA, 10 F.4th 869 (D.C. Cir. 2021). · cites it 2× “ous, and contrary to law because: (1) the FRA failed to promulgate the risk reduction regulation in accordance with statutory deadlines; (2) the FRA’s decision to address fatigue management plans in a separate rulemaking was arbitrary, capricious, and contrary to law; (3) the…”
Transp. Div. of the Int'l Ass'n of Sheet Metal, Air, Rail & Transp. Workers v. FRA, 40 F.4th 646 (D.C. Cir. 2022). · cites it 5× “” 49 U.S.C. § 103 (c). To permit “industry stakeholders” to test “novel transportation technologies,” Final Rule, 85 Fed.”
Ass'n of Am. Railroads v. United States Dep't of Transp., 821 F.3d 19 (D.C. Cir. 2016). “See generally 49 U.S.C. § 103 . The charter ■ requires FRA "consider the assignment and maintenance of safety as [its] highest priority,” id.”
Island Park, LLC v. CSX Transp., 559 F.3d 96 (2d Cir. 2009). “” 49 U.S.C. § 103 (g)(1). 14 . The court found "unpersuasive” the railroad's argument that the bridges were being replaced for reasons of "highway improvement,” and not "rail safety.”
Gen. Motors Corp. v. Kilgore, 853 So. 2d 171 (Ala. 2002). “See 49 U.S.C. § 103 , § 20103(a); 49 C.F.R. § 1.”
Pan Am Sys., Inc. v. Atl. Ne. Rails & Ports, Inc., 804 F.3d 59 (1st Cir. 2015). “§§ 22101-22706 , and oversight, see 49 U.S.C. §§ 103 , 701-727. And it should go without saying (though we say it anyway) that the public cares deeply about the safety, efficiency, and viability of railways — something plaintiffs do not contest.”
Delaware & Hudson Ry. Co. v. Knoedler Mfrs., Inc., 781 F.3d 656 (3rd Cir. 2015). “Pursuant to the LIA, the Federal Railroad Administration, which acts under the authority of the Secretary of Transportation, 49 U.S.C. § 103 (a), has promulgated regulations on the governing standards of care 1 The LIA was previously known as the Boiler Inspection Act (“BIA”),…”
BNSF Ry. v. FRA, 62 F.4th 905 (5th Cir. 2023). “5 See 49 U.S.C. § 103 (c) (“In carrying out its duties, the [FRA] shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in…”
United Transp. Union, Pennsylvania State Legislative Bd. v. Pennsylvania Pub. Util. Comm'n, 68 A.3d 1026 (Pa. Commw. Ct. 2013). “The Union construes 49 U.S.C. § 103 (c), “Safety as Highest Priority,” as though safety generally constituted the primary goal of the FRSA.”
Boston & Maine Corp. v. Surface Transp. Bd., 364 F.3d 318 (D.C. Cir. 2004). “See 49 U.S.C. § 103 (c) (“The [FRA] Administrator shall carry out — (1) duties and powers related to railroad safety vested in the Secretary [of Transportation]_”); Tyrrell v.”
Gregory v. Missouri Pac. R.R., 32 F.3d 160 (5th Cir. 1994). “See 49 U.S.C. § 103 (1994). . Gregory also cites a more general regulation, 49 C.”
Callahan v. Nat'l R.R. Passenger Corp., 979 A.2d 866 (Pa. Super. Ct. 2009). “5 49 U.S.C. §§ 103 , 20103. This authority extends to prescribing regulations and orders related to railroad safety.”
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