49 U.S.C. § 41504 — Tariffs for foreign air transportation

Page 1142 TITLE 49—TRANSPORTATION § 41504 (3) a joint price prescribed by the Secretary of Transportation under section 41507 of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1132.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41503 .......... 49 App.:1371(d) (4)(A)(ii) (related to joint rates, fares), (B). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(d) (4)(A)(ii) (related to joint rates, fares), (B); added Nov. 9, 1977, Pub. L. 95–163, § 9, 91 Stat. 1281; restated Oct. 24, 1978, Pub. L. 95–504, § 9, 92 Stat. 1713. 49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. In this section, before clause (1), the words ‘‘Notwith- standing any other provision of this chapter’’ are omit- ted as surplus. The words ‘‘a citizen of the United States providing transportation under section 41101(b) of this title’’ are substituted for ‘‘any citizen of the United States who undertakes, within any State, the carriage of persons or property as a common carrier for compensation or hire with aircraft capable of carrying thirty or more persons pursuant to authority for such carriage within such State granted by the appropriate State agency’’ for clarity and because of the restate- ment of 49 App.:1371(d)(4)(A)(i) and (ii) (related to joint services) in section 41101(b) of the revised title. The words ‘‘the establishment of’’ are omitted as surplus. § 41504. Tariffs for foreign air transportation (a) FILING AND CONTENTS.—In the way pre- scribed by regulation by the Secretary of Trans- portation, every air carrier and foreign air car- rier shall file with the Secretary, publish, and keep open to public inspection, tariffs showing the prices for the foreign air transportation pro- vided between places served by the carrier and provided between places served by the carrier and places served by another air carrier or for- eign air carrier with which through service and joint prices have been established. A tariff— (1) shall contain— (A) to the extent the Secretary requires by regulation, a description of the classifica- tions, rules, and practices related to the for- eign air transportation; (B) a statement of the prices in money of the United States; and (C) other information the Secretary re- quires by regulation; and (2) may contain— (A) a statement of the prices in money that is not money of the United States; and (B) information that is required under the laws of a foreign country in or to which the air carrier or foreign air carrier is author- ized to operate. (b) CHANGES.—(1) Except as provided in para- graph (2) of this subsection, an air carrier or for- eign air carrier may change a price or a classi- fication, rule, or practice affecting that price or the value of the transportation provided under that price, specified in a tariff of the carrier for foreign air transportation only after 30 days after the carrier has filed, published, and posted notice of the proposed change in the same way as required for a tariff under subsection (a) of this section. However, the Secretary may pre- scribe an alternative notice requirement, of at least 25 days, to allow an air carrier or foreign air carrier to match a proposed change in a pas- senger fare or a charge of another air carrier or foreign air carrier. A notice under this para- graph must state plainly the change proposed and when the change will take effect. (2) If the effect of a proposed change would be to begin a passenger fare that is outside of, or not covered by, the range of passenger fares specified under section 41509(e)(2) and (3) of this title, the proposed change may be put into effect only on the expiration of 60 days after the notice is filed under regulations prescribed by the Sec- retary. (c) REJECTION OF CHANGES.—The Secretary may reject a tariff or tariff change that is not consistent with this section and regulations pre- scribed by the Secretary. A tariff or change that is rejected is void. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1133.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41504(a) ...... 49 App.:1373(a) (1st sentence, 2d sen- tence words be- fore semicolon, last sentence). Aug. 23, 1958, Pub. L. 85–726, § 403(a), 72 Stat. 758. 49 App.:1551(a)(4)(B) (related to 49 App.:1373(a)), (b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(4)(B) (related to § 403(a), (c)(1), (2)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(c), (e), 98 Stat. 1703, 1704. 41504(b)(1) .. 49 App.:1373(c)(1). Aug. 23, 1958, Pub. L. 85–726, § 403(c)(1), (2), 72 Stat. 759; Nov. 9, 1977, Pub. L. 95–163, § 10(a), 91 Stat. 1281; re- stated Oct. 24, 1978, Pub. L. 95–504, § 22, 92 Stat. 1724; Feb. 15, 1980, Pub. L. 96–192, § 24(b), (c), 94 Stat. 47. 49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(1)), (b)(1)(E). 41504(b)(2) .. 49 App.:1373(c)(2). 49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(2)), (b)(1)(E). 41504(c) ...... 49 App.:1373(a) (2d sentence words after semicolon, 3d sentence). 49 App.:1551(a)(4)(B) (related to 49 App.:1373(a)), (b)(1)(E). In this section, the words ‘‘foreign air transpor- tation’’ are substituted for ‘‘air transportation’’ be- cause 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transpor- tation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transpor- tation of mail by aircraft. See section 40102(a) of the re- vised title defining ‘‘air transportation’’ to mean inter- state or foreign air transportation or the transpor- tation of mail by aircraft. The words ‘‘passenger fare’’ are substituted for ‘‘fare’’ for consistency in the revised title. In subsection (a), before clause (1), the word ‘‘print’’ is omitted as being included in ‘‘publish’’. The word ‘‘places’’ is substituted for ‘‘points’’ for consistency in the revised title and with other titles of the United States Code. In clause (1)(A), the word ‘‘services’’ is omitted as being included in ‘‘practices’’. In clauses (1)(B) and (2)(A), the word ‘‘lawful’’ is omitted as sur- plus. Page 1143 TITLE 49—TRANSPORTATION § 41506 In subsection (b)(1), the words ‘‘for foreign air trans- portation’’ are added because of 49 App.:1551(a)(4)(B). See the revision notes for subsection (a) of this section. The words ‘‘in the same way as required for a tariff under’’ are substituted for ‘‘in accordance with’’ for clarity. The words ‘‘proposed change in a passenger fare or a charge of another air carrier or foreign air carrier’’ are substituted for ‘‘fares or charges specified in an- other air carrier’s or foreign air carrier’s proposed tar- iff’’ for clarity and consistency in this section. In subsection (b)(2), the words ‘‘not covered by’’ are substituted for ‘‘to which such range of fares does not apply’’ to eliminate unnecessary words. The words ‘‘subparagraphs (A) and (B) of section 1482(d)(4) of this Appendix . . . section 1482(d)(7) of this Appendix’’ are omitted because those sections related to interstate and overseas air transportation and the source provi- sions restated in this section relate to foreign air transportation. In addition, the text of 49 App.:1551(a)(5)(D) provides that 49 App.:1482(d) ceased to be in effect on January 1, 1985, except as related to for- eign air transportation. The reference in the source provisions to ‘‘section 1482(j)(9) of this Appendix’’ has been restated as though it were a reference to 49 App.:1482(j)(10) to correct an apparent error in the International Air Transportation Competition Act of 1979 (Public Law 96–192, 94 Stat. 35). Section 24(b) of S. 1300 of the 96th Congress (the derivative source for the International Air Transportation Competition Act of 1979), as originally passed by both the Senate and the House of Representatives, restated section 403(c)(2) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 759) to read as it now does with a cross–reference to section 1002(j)(9) of the Federal Aviation Act of 1958. Also contained in those versions of S. 1300 in section 24(a) was an amendment to section 1002(j) of the Fed- eral Aviation Act of 1958 to add a paragraph (9) that contained language identical to what is now section 1002(j)(10) of the Federal Aviation Act of 1958. When S. 1300 was reported by the conference committee and en- acted into law as the International Air Transportation Competition Act of 1979, section 24(a) had been changed so that a different paragraph (9) was added and what had been paragraph (9) was now designated as a new paragraph (10) to be added. Apparently, when the con- ference committee redesignated section 1002(j)(9) as 1002(j)(10) it did not make a corresponding change in the cross–reference in section 403(c)(2). See 125 Cong. Rec. 26936, 32147, 36939. § 41505. Uniform methods for establishing joint prices, and divisions of joint prices, applica- ble to commuter air carriers (a) DEFINITION.—In this section, ‘‘commuter air carrier’’ means an air carrier providing transportation under section 40109(f) of this title that provides at least 5 scheduled roundtrips a week between the same 2 places. (b) GENERAL.—Except as provided in sub- section (c) of this section, when the Secretary of Transportation prescribes under section 41508 or 41509 of this title a uniform method generally applicable to establishing joint prices and divi- sions of joint prices for and between air carriers holding certificates issued under section 41102 of this title, the Secretary shall make that uni- form method apply to establishing joint prices and divisions of joint prices for and between air carriers and commuter air carriers. (c) NOTICE REQUIRED BEFORE MODIFYING, SUS- PENDING, OR ENDING TRANSPORTATION.—A com- muter air carrier that has an agreement with an air carrier to provide transportation for pas- sengers and property that includes through serv- ice by the commuter air carrier over the com- muter air carrier’s routes and air transportation provided by the air carrier shall give the air car- rier and the Secretary at least 90 days’ notice before modifying, suspending, or ending the transportation. If the commuter air carrier does not give that notice, the uniform method of es- tablishing joint prices and divisions of joint prices referred to in subsection (b) of this sec- tion does not apply to the commuter air carrier. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1134.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41505(a) ...... 49 App.:1482a(2), (3). Oct. 24, 1978, Pub. L. 95–504, § 37(c), 92 Stat. 1742. 41505(b) ...... 49 App.:1482a(1) (1st sentence). 49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 41505(c) ...... 49 App.:1482a(1) (last sentence). 49 App.:1551(b)(1)(E). In subsection (a), the text of 49 App.:1482a(2)(A) is omitted as unnecessary because the definition of ‘‘air carrier’’ in 49 App.:1301(3) is restated in section 40102(a) of the revised title and applies to this section and be- cause the functions of the Civil Aeronautics Board under 49 App.:1482a were transferred to the Secretary of Transportation by 49 App.:1551(b)(1)(E) and the com- plete name of the Secretary is used the first time the term appears in a section. The text of 49 App.:1482a(3) is omitted as executed. The reference in the source pro- visions to ‘‘section 416(b)(3) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1386(b)(3)]’’ has been restated as though it were a reference to section 416(b)(4) to correct an apparent error in the Airline Deregulation Act of 1978 (Public Law 95–504, 92 Stat. 1705). Section 24 of H.R. 12611 of the 95th Congress (the derivative source for 416(b)(4)), added section 416(b)(3) to the Federal Avia- tion Act. Section 29(c) added provisions that eventually were classified as 49 App.:1482a. Those provisions con- tained a reference to section 416(b)(3). When S. 2493 (passed in lieu of the House bill after being amended to contain much of the text of the House bill) was re- ported by the conference committee and enacted into law, section 32 added what had been a new 416(b)(3) as a new 416(b)(4). However, the conference committee did not make a corresponding change in the cross-reference in section 37(c), that added 49 App.:1482a. See 124 Cong. Rec. 30714, 30716, 36521, 36524. The word ‘‘scheduled’’ is substituted for ‘‘pursuant to flight schedules’’ to elimi- nate unnecessary words. The words ‘‘the same 2 places’’ are substituted for ‘‘one pair of points’’ for consistency in the revised title and with other titles of the United States Code. In subsection (b), the words ‘‘Except as provided in subsection (c) of this section’’ are added for clarity. The words ‘‘pursuant to its authority’’ are omitted as surplus. In subsection (c), the word ‘‘passengers’’ is sub- stituted for ‘‘persons’’ for consistency in the revised title and with other titles of the Code. The words ‘‘through service by the commuter air carrier over the commuter air carrier’s routes’’ are substituted for ‘‘transportation over its routes’’ for clarity. The words ‘‘between air carriers and commuter air carriers’’ are omitted as surplus. § 41506. Price division filing requirements for foreign air transportation Every air carrier and foreign air carrier shall keep currently on file with the Secretary of Transportation, if the Secretary requires, the established divisions of all joint prices for for- eign air transportation in which the carrier par- ticipates.