49 U.S.C. § 41712 — Unfair and deceptive practices and un-

Page 1157 TITLE 49—TRANSPORTATION § 41712 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41710 .......... 49 App.:1490. Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1010; added Oct. 24, 1978, Pub. L. 95–504, § 38(a), 92 Stat. 1743. 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 ‘‘matter requiring action of the Secretary’’ are substituted for ‘‘application or other written document’’ for clarity. The reference to 49 App.:1378 and 1379 is omitted as ob- solete because under 49 App.:1551(a)(7), those sections ceased to be in effect on January 1, 1989. The words ‘‘on or after the one-hundred-eightieth day after October 24, 1978’’ are omitted as executed. In clauses (1) and (2), the words ‘‘order or’’ are omitted as surplus. § 41711. Air carrier management inquiry and co- operation with other authorities In carrying out this subpart, the Secretary of Transportation may— (1) inquire into the management of the busi- ness of an air carrier and obtain from the air carrier, and a person controlling, controlled by, or under common control with the carrier, information the Secretary decides reasonably is necessary to carry out the inquiry; (2) confer and hold a joint hearing with a State authority; and (3) exchange information related to aero- nautics with a government of a foreign coun- try through appropriate departments, agen- cies, and instrumentalities of the United States Government. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1142.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41711(1) ...... 49 App.:1385. Aug. 23, 1958, Pub. L. 85–726, §§ 204(b), (c), 415, 72 Stat. 743, 770. 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. 41711(2) ...... 49 App.:1324(b). 49 App.:1551(b)(1)(E). 41711(3) ...... 49 App.:1324(c) 49 App.:1551(b)(1)(E). In this section, before clause (1), the words ‘‘In car- rying out’’ are substituted for ‘‘in connection with any matter arising under this chapter within its jurisdic- tion’’ and ‘‘in the administration and enforcement of this chapter’’ in 49 App.:1324(b) and ‘‘For the purpose of exercising and performing its powers and duties under this chapter’’ in 49 App.:1385, and added (as the words relate to 49 App.:1324(c)), for clarity and consistency in this section. In clause (1), the words ‘‘full and complete reports and other’’ are omitted as surplus. In clause (2), the words ‘‘State aeronautical agency, or other’’ are omitted as surplus. The text of 49 App.:1324(b) (words after 3d comma) is omitted as surplus because of 49:322(c)(3). In clause (3), the words ‘‘government of a foreign country’’ are substituted for ‘‘foreign govern- ments’’ for consistency in the revised title and with other titles of the United States Code. § 41712. Unfair and deceptive practices and un- fair methods of competition (a) IN GENERAL.—On the initiative of the Sec- retary of Transportation or the complaint of an air carrier, foreign air carrier, air ambulance consumer (as defined by the Secretary of Trans- portation), or ticket agent, and if the Secretary considers it is in the public interest, the Sec- retary may investigate and decide whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation or the sale of air transpor- tation. If the Secretary, after notice and an op- portunity for a hearing, finds that an air carrier, foreign air carrier, or ticket agent is engaged in an unfair or deceptive practice or unfair method of competition, the Secretary shall order the air carrier, foreign air carrier, or ticket agent to stop the practice or method. (b) E-TICKET EXPIRATION NOTICE.—It shall be an unfair or deceptive practice under subsection (a) for any air carrier, foreign air carrier, or ticket agent utilizing electronically transmitted tickets for air transportation to fail to notify the purchaser of such a ticket of its expiration date, if any. (c) DISCLOSURE REQUIREMENT FOR SELLERS OF TICKETS FOR FLIGHTS.— (1) IN GENERAL.—It shall be an unfair or de- ceptive practice under subsection (a) for any ticket agent, air carrier, foreign air carrier, or other person offering to sell tickets for air transportation on a flight of an air carrier to fail to disclose, whether verbally in oral com- munication or in writing in written or elec- tronic communication, prior to the purchase of a ticket— (A) the name of the air carrier providing the air transportation; and (B) if the flight has more than one flight segment, the name of each air carrier pro- viding the air transportation for each such flight segment. (2) INTERNET OFFERS.—In the case of an offer to sell tickets described in paragraph (1) on an Internet Web site, disclosure of the informa- tion required by paragraph (1) shall be pro- vided on the first display of the Web site fol- lowing a search of a requested itinerary in a format that is easily visible to a viewer. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 106–181, title II, § 221, Apr. 5, 2000, 114 Stat. 102; Pub. L. 111–216, title II, § 210, Aug. 1, 2010, 124 Stat. 2362; Pub. L. 115–254, div. B, title IV, § 419(b), Oct. 5, 2018, 132 Stat. 3336.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41712 .......... 49 App.:1381(a). Aug. 23, 1958, Pub. L. 85–726, § 411(a), 72 Stat. 769; Oct. 4, 1984, Pub. L. 98–443, § 7(a), 98 Stat. 1706. 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. The words ‘‘such action by’’ are omitted as surplus. The words ‘‘opportunity for a’’ are added for consist- ency in the revised title and with other titles of the United States Code. Page 1158 TITLE 49—TRANSPORTATION § 41713 Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–254 inserted ‘‘air ambu- lance consumer (as defined by the Secretary of Trans- portation),’’ after ‘‘of an air carrier, foreign air car- rier,’’. 2010—Subsec. (c). Pub. L. 111–216 added subsec. (c). 2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. § 41713. Preemption of authority over prices, routes, and service (a) DEFINITION.—In this section, ‘‘State’’ means a State, the District of Columbia, and a territory or possession of the United States. (b) PREEMPTION.—(1) Except as provided in this subsection, a State, political subdivision of a State, or political authority of at least 2 States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air transportation under this subpart. (2) Paragraphs (1) and (4) of this subsection do not apply to air transportation provided en- tirely in Alaska unless the transportation is air transportation (except charter air transpor- tation) provided under a certificate issued under section 41102 of this title. (3) This subsection does not limit a State, po- litical subdivision of a State, or political au- thority of at least 2 States that owns or oper- ates an airport served by an air carrier holding a certificate issued by the Secretary of Trans- portation from carrying out its proprietary pow- ers and rights. (4) TRANSPORTATION BY AIR CARRIER OR CARRIER AFFILIATED WITH A DIRECT AIR CARRIER.— (A) GENERAL RULE.—Except as provided in subparagraph (B), a State, political subdivi- sion of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier or carrier affiliated with a direct air carrier through common con- trolling ownership when such carrier is trans- porting property by aircraft or by motor vehi- cle (whether or not such property has had or will have a prior or subsequent air movement). (B) MATTERS NOT COVERED.—Subparagraph (A)— (i) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the au- thority of a State to regulate motor carriers with regard to minimum amounts of finan- cial responsibility relating to insurance re- quirements and self-insurance authorization; and (ii) does not apply to the transportation of household goods, as defined in section 13102 of this title. (C) APPLICABILITY OF PARAGRAPH (1).—This paragraph shall not limit the applicability of paragraph (1). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 103–305, title VI, § 601(b)(1), (2)(A), Aug. 23, 1994, 108 Stat. 1605, 1606; Pub. L. 105–102, § 2(23), Nov. 20, 1997, 111 Stat. 2205.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 41713(a) ...... 49 App.:1305(c), (d) (related to (a), (b)(1), (c)). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 105(a)(2), (b)(1), (c), (d) (related to (a), (b)(1), (c)); added Oct. 24, 1978, Pub. L. 95–504, § 4(a), 92 Stat. 1708. 41713(b)(1) .. 49 App.:1305(a)(1). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 105(a)(1); added Oct. 24, 1978, Pub. L. 95–504, § 4(a), 92 Stat. 1707; Oct. 4, 1984, Pub. L. 98–443, § 9(u), 98 Stat. 1709. 41713(b)(2) .. 49 App.:1305(a)(2). 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. 41713(b)(3) .. 49 App.:1305(b)(1). 49 App.:1551(b)(1)(E). In subsection (a), the words ‘‘the term’’ are omitted as surplus. The words ‘‘the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Is- lands, Guam, the Virgin Islands, and’’ are omitted as surplus because of the definition of ‘‘territory or pos- session of the United States’’ in section 40102(a) of the revised title, 48:734, and section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Is- lands in Political Union with the United States of America. The text of 49 App.:1305(c) is omitted as obso- lete. In subsection (b)(1) and (3), the words ‘‘interstate agency or other’’ are omitted as surplus. The word ‘‘au- thority’’ is substituted for ‘‘agency’’ for consistency in the revised title and with other titles of the United States Code. In subsection (b)(1), the word ‘‘rule’’ is omitted as being synonymous with ‘‘regulation’’. The words ‘‘standard’’ and ‘‘having authority’’ are omitted as sur- plus. In subsection (b)(2), the words ‘‘pursuant to a certifi- cate issued by the Board’’, ‘‘by air of persons, property, or mail’’, and ‘‘the State of’’ are omitted as surplus. PUB. L. 105–102 This amends 49:41713(b)(4)(B)(ii) to correct a cross-ref- erence necessary because of the restatement of subtitle IV of title 49 by the ICC Termination Act (Public Law 104–88, 109 Stat. 803). Editorial Notes AMENDMENTS 1997—Subsec. (b)(4)(B)(ii). Pub. L. 105–102 substituted ‘‘13102’’ for ‘‘10102’’. 1994—Subsec. (b)(2). Pub. L. 103–305, § 601(b)(2)(A), sub- stituted ‘‘Paragraphs (1) and (4) of this subsection do’’ for ‘‘Paragraph (1) of this subsection does’’. Subsec. (b)(4). Pub. L. 103–305, § 601(b)(1), added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–305 effective Jan. 1, 1995, see section 601(d) of Pub. L. 103–305, set out as a note under section 10521 of this title.