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49 U.S.C. § 41309 — Cooperative agreements and requests
Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing.—** An air carrier or foreign air carrier may file with the Secretary of Transportation a true copy of or, if oral, a true and complete memorandum of, an agreement (except an agreement related to interstate air transportation), or a request for authority to discuss cooperative arrangements (except arrangements related to interstate air transportation), and any modification or cancellation of an agreement, between the air carrier or foreign air carrier and another air carrier, a foreign carrier, or another carrier.
**(b) Approval.—** The Secretary of Transportation shall approve an agreement, request, modification, or cancellation referred to in subsection (a) of this section when the Secretary finds it is not adverse to the public interest and is not in violation of this part. However, the Secretary shall disapprove—
(1) or, after periodic review, end approval of, an agreement, request, modification, or cancellation, that substantially reduces or eliminates competition unless the Secretary finds that—
(A) the agreement, request, modification, or cancellation is necessary to meet a serious transportation need or to achieve important public benefits (including international comity and foreign policy considerations); and
(B) the transportation need cannot be met or those benefits cannot be achieved by reasonably available alternatives that are materially less anticompetitive; or
(2) an agreement that—
(A) is between an air carrier not directly operating aircraft in foreign air transportation and a carrier subject to subtitle IV of this title; and
(B) governs the compensation the carrier may receive for the transportation.
**(c) Notice and Opportunity To Respond or for Hearing.—**
(1) When an agreement, request, modification, or cancellation is
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41309
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Stable record: federal_law:legal_authorities:record_usc_f6181c8744a52047c053b6b6
Source file: Laws/federal/codes/united-states-code/title-49/section-41309-cooperative-agreements-and-requests--86fd0abd1c.md
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Source location: Title 49, Chapter 413, § 41309; chapter-413-foreign-air-transportation.md
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**(a) Filing.—** An air carrier or foreign air carrier may file with the Secretary of Transportation a true copy of or, if oral, a true and complete memorandum of, an agreement (except an agreement related to interstate air transportation), or a request for authority to discuss cooperative arrangements (except arrangements related to interstate air transportation), and any modification or cancellation of an agreement, between the air carrier or foreign air carrier and another air carrier, a foreign carrier, or another carrier.
**(b) Approval.—** The Secretary of Transportation shall approve an agreement, request, modification, or cancellation referred to in subsection (a) of this section when the Secretary finds it is not adverse to the public interest and is not in violation of this part. However, the Secretary shall disapprove—
(1) or, after periodic review, end approval of, an agreement, request, modification, or cancellation, that substantially reduces or eliminates competition unless the Secretary finds that—
(A) the agreement, request, modification, or cancellation is necessary to meet a serious transportation need or to achieve important public benefits (including international comity and foreign policy considerations); and
(B) the transportation need cannot be met or those benefits cannot be achieved by reasonably available alternatives that are materially less anticompetitive; or
(2) an agreement that—
(A) is between an air carrier not directly operating aircraft in foreign air transportation and a carrier subject to subtitle IV of this title; and
(B) governs the compensation the carrier may receive for the transportation.
**(c) Notice and Opportunity To Respond or for Hearing.—**
(1) When an agreement, request, modification, or cancellation is filed, the Secretary of Transportation shall give the Attorney General and the Secretary of State written notice of, and an opportunity to submit written comments about, the filing. On the initiative of the Secretary of Transportation or on request of the Attorney General or Secretary of State, the Secretary of Transportation may conduct a hearing to decide whether an agreement, request, modification, or cancellation is consistent with this part whether or not it was approved previously.
(2) In a proceeding before the Secretary of Transportation applying standards under subsection (b)(1) of this section, a party opposing an agreement, request, modification, or cancellation has the burden of proving that it substantially reduces or eliminates competition and that less anticompetitive alternatives are available. The party defending the agreement, request, modification, or cancellation has the burden of proving the transportation need or public benefits.
(3) The Secretary of Transportation shall include the findings required by subsection (b)(1) of this section in an order of the Secretary approving or disapproving an agreement, request, modification, or cancellation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.
**(b)** Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce in any Territory of the United States or of the District of Columbia, or between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia, and any State or States or foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, “antitrust laws” has the same meaning given that term in the first section of the Clayton Act ([15 U.S.C. 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim)).
**(b) Exemption Authorized.—** When the Secretary of Transportation decides it is required by the public interest, the Secretary, as part of an order under section 41309 or 42111 of this title, may exempt a person affected by the order from the antitrust laws to the extent necessary to allow the person to proceed with the transaction specifically approved by the order and with any transaction necessarily contemplated by the order.
**(c) Exemption Required.—** In an order under [section 41309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41309&num=0&edition=prelim) approving an agreement, request, modification, or cancellation, the Secretary, on the basis of the findings required under section 41309(b)(1), shall exempt a person affected by the order from the antitrust laws to the extent necessary to allow the person to proceed with the transaction specifically approved by the order and with any transaction necessarily contemplated by the order.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41308
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Federal law — U.S. Code and appendices · legal_authorities
An air carrier that will receive payments from another air carrier under an agreement between the air carriers for the time the one air carrier is not providing foreign air transportation, or is providing reduced levels of foreign air transportation, because of a labor strike must file a true copy of the agreement with the Secretary of Transportation and have it approved by the Secretary under [section 41309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41309&num=0&edition=prelim). Notwithstanding section 41309, the Secretary shall approve the agreement only if it provides that—
(1) the air carrier will receive payments of not more than 60 percent of direct operating expenses, including interest expenses, but not depreciation or amortization expenses;
(2) benefits may be paid for not more than 8 weeks, and may not be for losses incurred during the first 30 days of a strike; and
(3) on request of the striking employees, the dispute will be submitted to binding arbitration under the Railway Labor Act ([45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 42111
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Federal law — U.S. Code and appendices · legal_authorities
Page 1134
TITLE 49—TRANSPORTATION
§ 41308
SEC. 7. Individuals within the Executive Office of the
President shall follow a policy of: (a) refusing to dis-
cuss matters relating to the disposition of a case sub-
ject to the review of the President under Section 801
with any interested private party, or an attorney or
agent for any such party, prior to the decision by the
President or his designee; and (b) referring any written
communication from an interested private party, or an
attorney or agent for any such party, to the appro-
priate department or agency outside of the Executive
Office of the President. Exceptions to this policy may
be made only when the head of an appropriate depart-
ment or agency outside of the Executive Office of the
President personally finds, on a nondelegable basis,
that direct written or oral communication between a
private party and a person within the Executive Office
of the President is needed for reasons of defense or for-
eign policy.
SEC. 8. Departments and agencies outside of the Exec-
utive Office of the President that regularly make rec-
ommendations in connection with the presidential re-
view pursuant to Section 801 shall, consistent with ap-
plicable law, including the provisions of Chapter 5 of
Title 5 of the United States Code:
(a) establish public dockets for all written commu-
nications (other than those requiring confidential
treatment for defense or foreign policy reasons) be-
tween their officers and employees and private parties
in connection with the preparation of such rec-
ommendations; and
(b) prescribe such other procedures governing oral
and written communications as they deem appropriate.
SEC. 9. This Order is intended solely for the internal
guidance of the departments and agencies in order to
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41309
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.