Page:United States Statutes at Large Volume 108 Part 2.djvu/390

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108 STAT. 1106 PUBLIC LAW 103-272—JULY 5, 1994 be provided, only when the Secretary decides that providing the transportation substantially impairs the ability of an air carrier holding a certificate issued by the Secretary to provide its authorized transportation, including the minimum transportation requirement for Alaska specified under section 41732(b)(1)(B) of this title, (g) EMERGENCY AIR TRANSPORTATION BY FOREIGN AIR CAR- RIERS.—(1) 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— (A) because of an emergency created by unusual circumstances not arising in the normal course of business, air carriers holding certificates under section 41102 of this title cannot accommodate traffic in those markets; (B) all possible efforts have been made to accommodate the traffic by using the resources of the air carriers, including the use of— (i) foreign aircraft, or sections of foreign aircraft, under lease or charter to the air carriers; and (ii) the air carriers' reservations systems to the extent practicable; (C) the exemption is necessary to avoid unreasonable hardship for the traffic in the markets that cannot be accommodated by the air carriers; and (D) granting the exemption will not result in an unreasonable advantage to any party in a labor dispute where the inability to accommodate traffic in a market is a result of the dispute. (2) When the Secretary grants an exemption to a foreign air carrier under this subsection, the Secretary shall— (A) ensure that air transportation that the foreign air carrier provides under the exemption is made available on reasonable terms; (B) monitor continuously the passenger load factor of air carriers in the market that hold certificates under section 41102 of this title; and (C) review the exemption at least every 30 days to ensure that the unusual circumstances that established the need for the exemption still exist. (3) The Secretary may renew an exemption (including renewals) under this subsection for not more than 30 days. An exemption may continue for not more than 5 days after the unusual circumstances that established the need for the exemption cease. (h) NOTICE AND OPPORTUNITY FOR HEARING. —The Secretary may act under subsections (d) and (f)(3)(B) of this section only after giving the air carrier notice and an opportunity for a hearing. §40110. General procurement authority (a) GENERAL.— In carrying out this part, the Administrator of the Federal Aviation Administration may— (1) acquire, to the extent that amounts are available for obligation, services or an interest in property, including an interest in airspace immediately adjacent to and needed for airports and other air navigation facilities owned by the United States Government and operated by the Administrator;