Page:United States Statutes at Large Volume 108 Part 2.djvu/389

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1105 (B) a foreign air carrier not engaged directly in operating aircraft in foreign air transportation. (2) The exemption is effective to the extent and for periods that the Secretary decides are in the public interest. (b) SAFETY REGULATION. — The Administrator of the Federal Aviation Administration may grant an exemption from a regulation prescribed in carrying out sections 40103(b)(1) and (2), 40119, 44901, 44903, 44906, and 44935-44937 of this title when the Administrator decides the exemption is in the public interest. (c) OTHER ECONOMIC REGULATION.— Except as provided in this section, the Secretary may exempt to the extent the Secretary considers necessary a person or class of persons from a provision of chapter 411, sections 41301-41306, 41308-41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, and 41731-41742, chapter 419, subchapter II of chapter 421, and section 46301(b) of this title, or a regulation or term prescribed under any of those provisions, when the Secretary decides that the exemption is consistent with the public interest. (d) LABOR REQUIREMENTS. — 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— (1) because of the limited extent of, or unusual circumstances affecting, the operation of the air carrier, the enforcement of section 42112(b)(1) and (2) of this title is or would be an unreasonable burden on the air carrier that would obstruct its development and prevent it from beginning or continuing operations; and (2) the exemption would not affect adversely the public interest. (e) MAXIMUM FLYING HOURS.—The Secretary may not exempt an air carrier under this section from a provision referred to in subsection (c) of this section, or a regulation or term prescribed under any of those provisions, that sets maximum flying hours for pilots or copilots. (f) SMALLER AIRCRAFT.—(1) 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— (A)(i) provides passenger transportation only with aircraft having a maximum capacity of 55 passengers; or (ii) provides the transportation of cargo only with aircraft having a maximum payload of less than 18,000 pounds; and (B) complies with liability insurance requirements and other regulations the Secretary prescribes. (2) The Secretary may increase the passenger or payload capacities when the public interest requires. (3)(A) An exemption under this subsection applies to an air carrier providing air transportation between 2 places in Alaska, or between Alaska and Canada, only if the carrier is authorized by Alaska to provide the transportation. (B) The Secretary may limit the number or location of places that may be served by an air carrier providing transportation only in Alaska under an exemption from section 41101(a)(1) of this title, or the frequency with which the transportation may

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