Page:United States Statutes at Large Volume 108 Part 2.djvu/386

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108 STAT. 1102 PUBLIC LAW 103-272—JULY 5, 1994 (c) FOREIGN AIRCRAFT.— ^A foreign aircraft, not part of the armed forces of a foreign country, may be navigated in the United States as provided in section 41703 of this title. (d) AIRCRAFT OF ARMED FORCES OF FOREIGN COUNTRIES.— Aircraft of the armed forces of a foreign country may be navigated in the United States only when authorized by the Secretary of State. (e) No EXCLUSIVE RIGHTS AT CERTAIN FACILITIES. —^A person does not have an exclusive right to use an air navigation facility on which Government money has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if— (1) it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and (2) allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport. §40104. Promotion of civil aeronautics and air commerce The Administrator of the Federal Aviation Administration shall encourage the development of civil aeronautics and air commerce in and outside the United States. In carrying out this section, the Administrator shall take action that the Administrator considers necessary to establish, within available resources, a program to distribute civil aviation information in each region served by the Administration. The program shall provide, on request, informational material and expertise on civil aviation to State and local school administrators, college and university officials, and officers of other interested organizations. §40105. International negotiations, agreements, and obligations (a) ADVICE AND CONSULTATION.—The Secretary of State shall advise the Administrator of the Federal Aviation Administration and the Secretaries of Transportation and Commerce, and consult with them as appropriate, about negotiations for an agreement with a government of a foreign country to establish or develop air navigation, including air routes and services. The Secretary of Transportation shall consult with the Secretary of State in carry- ing out this part to the extent this part is related to foreign air transportation. (b) ACTIONS OF SECRETARY AND ADMINISTRATOR. —(1) In carry- ing out this part, the Secretary of Transportation and the Administrator— (A) shall act consistently with obligations of the United States Government under an international agreement; (B) shall consider applicable laws and requirements of a foreign country; and (C) may not limit compliance by an air carrier with obligations or liabilities imposed by the government of a foreign country when the Secretary takes any action related to a certificate of public convenience and necessity issued under chapter 411 of this title. (2) This subsection does not apply to an agreement between an air carrier or an officer or representative of an air carrier