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. § 402

DEFINITIONS.

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“In this title, the following definitions apply:“(1)Air carrier.—The term ‘air carrier’ means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation and includes employees and agents (including persons engaged in the business of providing air transportation security and their affiliates) of such citizen. For purposes of the preceding sentence, the term ‘agent’, as applied to persons engaged in the business of providing air transportation security, shall only include persons that have contracted directly with the Federal Aviation Administration on or after and commenced services no later than February 17, 2002, to provide such security, and had not been or are not debarred for any period within 6 months from that date.“(2)Air transportation.—The term ‘air transportation’ means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.“(3)Aircraft manufacturer.—The term ‘aircraft manufacturer’ means any entity that manufactured the aircraft or any parts or components of the aircraft involved in the terrorist related aircraft crashes of September 11, 2001, including employees and agents of that entity.“(4)Airport sponsor.—The term ‘airport sponsor’ means the owner or operator of an airport (as defined in section 40102 of title 49, United States Code).“(5)Claimant.—The term ‘claimant’ means an individual filing a claim for compensation under section 405(a)(1).“(6)Collateral source.—The term ‘collateral source’ means all collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the terrorist-related aircraft crashes of September 11, 2001, or debris removal, including under the World Trade Center Health Program established under section 3001 of the Public Health Service Act [probably means section 3301 of the Public Health Service Act, 42 U.S.C. 300mm], and payments made pursuant to the settlement of a civil action described in section 405(c)(3)(C)(iii).“(7)Contractor and subcontractor.—The term ‘contractor and subcontractor’ means any contractor or subcontractor (at any tier of a subcontracting relationship), including any general contractor, construction manager, prime contractor, consultant, or any parent, subsidiary, associated or allied company, affiliated company, corporation, firm, organization, or joint venture thereof that participated in debris removal at any 9/11 crash site. Such term shall not include any entity, including the Port Authority of New York and New Jersey, with a property interest in the World Trade Center, on September 11, 2001, whether fee simple, leasehold or easement, direct or indirect.“(8)Debris removal.—The term ‘debris removal’ means rescue and recovery efforts, removal of debris, cleanup, remediation, and response during the immediate aftermath of the terrorist-related aircraft crashes of September 11, 2001, with respect to a 9/11 crash site.“(9)Economic loss.—The term ‘economic loss’ means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, replacement services loss, loss due to death, burial costs, loss of business or employment opportunities, and past out-of-pocket medical expense loss but not future medical expense loss) to the extent recovery for such loss is allowed under applicable State law.“(10)Eligible individual.—The term ‘eligible individual’ means an individual determined to be eligible for compensation under section 405(c).“(11)Immediate aftermath.—The term ‘immediate aftermath’ means any period beginning with the terrorist-related aircraft crashes of September 11, 2001, and ending on May 30, 2002.“(12)Noneconomic losses.—The term ‘noneconomic losses’ means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature.“(13)Special master.—The term ‘Special Master’ means the Special Master appointed under section 404(a).“(14)WTC program administrator.—The term ‘WTC Program Administrator’ has the meaning given such term in section 3306 of the Public Health Service Act (42 U.S.C. 300mm–5).“(15)WTC-related physical health condition.—The term ‘WTC-related physical health condition’—“(A) means, subject to subparagraph (B), a WTC-related health condition as defined by section 3312(a) of the Public Health Service Act (42 U.S.C. 300mm–22(a)), including the conditions listed in section 3322(b) of such Act (42 U.S.C. 300mm–32(b)); and“(B) does not include—“(i) a mental health condition described in paragraph (1)(A)(ii) or (3)(B) of section 3312(a) of such Act (42 U.S.C. 300mm–22(a));“(ii) any mental health condition certified under section 3312(b)(2)(B)(iii) of such Act (42 U.S.C. 300mm–22(b)(2)(B)(iii)) (including such certification as applied under section 3322(a) of such Act (42 U.S.C. 300mm–32(a));“(iii) a mental health condition described in section 3322(b)(2) of such Act (42 U.S.C. 300mm–32(b)(2)); or“(iv) any other mental health condition.“(16) 9/11 crash site.—The term ‘9/11 crash site’ means—“(A) the World Trade Center site, Pentagon site, and Shanksville, Pennsylvania site;“(B) the buildings or portions of buildings that were destroyed as a result of the terrorist-related aircraft crashes of September 11, 2001;“(C) the area in Manhattan that is south of the line that runs along Canal Street from the Hudson River to the intersection of Canal Street and East Broadway, north on East Broadway to Clinton Street, and east on Clinton Street to the East River;“(D) any area related to, or along, routes of debris removal, such as barges and Fresh Kills.
Notes of Decisions
Cited in 24 cases, 1941–1962 · leading case: Allegheny Airlines, Inc., Civil Aeronautics Bd. & Adm'r of Civil Aeronautics, Intervenors-Appellees v. Vill. of Cedarhurst, 238 F.2d 812 (2d Cir. 1956).
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Allegheny Airlines, Inc., Civil Aeronautics Bd. & Adm'r of Civil Aeronautics, Intervenors-Appellees v. Vill. of Cedarhurst, 238 F.2d 812 (2d Cir. 1956). · cites it 2× “” 3 Section 2, 49 U.S.C.A. § 402 , directs that in exercising its powers and performing its duties under the Act, the Board shall ■consider as being in the public interest and in accordance with the public convenience and necessity “(e) The regulation of air commerce in such…”
W. R. Grace & Co. v. Civil Aeronautics Bd., 154 F.2d 271 (2d Cir. 1946). · cites it 2× “" That complaint overlooks this basic assumption of our opinion: As the Board itself recognized in the recitals of its order of September 10, 1942, the declared policy of Congress set forth in § 2 of the Act, 49 U.S.C.A. § 402 , not only makes paramount the "public interest" but…”
Pan Am. Airways Co. v. Civil Aeronautics Bd., 121 F.2d 810 (2d Cir. 1941). “The Civil Aeronautics Act contains the following declarations of policy in Section 2, Subdivisions (a) and (d), 49 U.S.C.A. § 402 (a, d): “(a) The encouragement and development of an air-transportation system properly adapted to the present and future needs of the foreign and…”
In Re Vets.' Air Express Co., 76 F. Supp. 684 (D.N.J. 1948). “” The declaration of policy stated by Congress in Séction 2 of the Act, 49 U.S.C.A. § 402 , recites that among its purposes is the encouragement and development of civil aeronautics and “of an air-transportation system properly adapted to the present and future needs of the…”
City of Newark, New Jersey v. E. Airlines, Inc., 159 F. Supp. 750 (D.N.J. 1958). “” See Declaration of Policy, Section 2 of the Act, 49 U.S.C.A. § 402 ; see also Section 601 of the Act, 49 U.”
Union Trust Co. of Dist. of Columbia v. United States, 113 F. Supp. 80 (D.D.C. 1953). “§ 402 (e), there follows as a matter of course the corollary responsibility to promote safety of flight, by the prescription of air traffic rules, and their revision from time to time as circumstances and conditions warrant and dictate, “ * * * for the prevention of collisions…”
Leonard J. Specht v. Civil Aeronautics Bd., 254 F.2d 905 (8th Cir. 1958). “See also Sections 2 (e) and 601(b) of the Act [ 49 U.S.C.A. §§ 402 (b,e), 551(b)].) The Board, in conformance with the Congressional mandate, has demanded that pilots who sit at the controls of pássenger-carrying airliners exercise ‘thé highest degree of care,’ (Stead Airman…”
David Paul Pike v. Civil Aeronautics Bd. & Najeeb E. Halaby, Adm'r of the Fed. Aviation Agency, 303 F.2d 353 (8th Cir. 1962). “49 U.S.C.A. § 402 (b) and (e). 8 . 49 U.S.”
Hough v. Rapidair, Inc., 298 S.W.2d 378 (Mo. 1957). “Consequently, we believe the Rules promulgated by Federal authority in promoting safety in flight in Air Commerce and in developing and regulating Air Transportation, 49 U.S.C.A. §§ 402 and 551, matters of national concern, may be considered as applicable in evidencing the safe…”
United Air Lines, Inc. v. Civil Aeronautics Bd., 198 F.2d 100 (7th Cir. 1952). “2 of the Act, 49 U.S.C.A. § 402 , roads: “In the exercise and performance of its powers and duties under this chapter, the Board shall consider the following, among other things, as being in the public interest, and in accordance with the public convenience and necessity— “(a)…”
Allegheny Airlines, Inc. v. Vill. of Cedarhurst, 132 F. Supp. 871 (E.D.N.Y 1955). “Section 2 of the 1938 Act, 49 U.S.C.A. § 402 , prescribes the policy that the Board shall follow in the performance of its duties, including: “The regulation of air transportation in such manner as to * * * assure the highest degree of safety in * * * such transportation * * * ”…”
Nat'l Air Freight Forwarding Corp. v. Civil Aeronautics Bd., 197 F.2d 384 (D.C. Cir. 1952). “” Brief for Appellant, p. 26. That the Board may consider' the competitive impact of an applicant on the air transportation industry as one element of the public interest is obvious from the Act’s declaration of policy, 52 Stat.”
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