49 U.S.C. § 41507 — Authority of the Secretary of Transpor-

Page 1144 TITLE 49—TRANSPORTATION § 41507 (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) 41506 .......... 49 App.:1373(d). Aug. 23, 1958, Pub. L. 85–726, § 403(d), 72 Stat. 759. 49 App.:1551(a)(4)(B) (related to 49 App.:1373(d)), (b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(4)(B) (related to § 403(d)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(c), (e), 98 Stat. 1703, 1704. The words ‘‘foreign air transportation’’ are sub- stituted for ‘‘air transportation’’ because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the re- vised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title de- fining ‘‘air transportation’’ to mean interstate or for- eign air transportation or the transportation of mail by aircraft. § 41507. Authority of the Secretary of Transpor- tation to change prices, classifications, rules, and practices for foreign air transportation (a) GENERAL.—When the Secretary of Trans- portation decides that a price charged or re- ceived by an air carrier or foreign air carrier for foreign air transportation, or a classification, rule, or practice affecting that price or the value of the transportation provided under that price, is or will be unreasonably discriminatory, the Secretary may— (1) change the price, classification, rule, or practice as necessary to correct the discrimi- nation; and (2) order the air carrier or foreign air carrier to stop charging or collecting the discrimina- tory price or carrying out the discriminatory classification, rule, or practice. (b) WHEN SECRETARY MAY ACT.—The Secretary may act under this section on the Secretary’s own initiative or on a complaint filed with the Secretary and only after notice and an oppor- tunity for a hearing. (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) 41507(a) ...... 49 App.:1482(f) (words after 4th comma). Aug. 23, 1958, Pub. L. 85–726, § 1002(f), 72 Stat. 789. 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. 41507(b) ...... 49 App.:1482(f) (words before 4th comma). 49 App.:1551(b)(1)(E). In subsection (a), before clause (1), the words ‘‘indi- vidual or joint’’ are omitted as surplus. The words ‘‘charged or received’’ are substituted for ‘‘demanded, charged, collected, or received’’ to eliminate unneces- sary words. The words ‘‘unreasonably discriminatory’’ are substituted for ‘‘unjustly discriminatory, or unduly preferential, or unduly prejudicial’’ for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. In clause (2), the words ‘‘carrying out’’ are substituted for ‘‘enforc- ing’’ for clarity. In subsection (b), the words ‘‘opportunity for a’’ are added for consistency in the revised title and with other titles of the United States Code. § 41508. Authority of the Secretary of Transpor- tation to adjust divisions of joint prices for foreign air transportation (a) GENERAL.—When the Secretary of Trans- portation decides that a division between air carriers, foreign air carriers, or both, of a joint price for foreign air transportation is or will be unreasonable or unreasonably discriminatory against any of those carriers, the Secretary shall prescribe a reasonable division of the joint price among those carriers. The Secretary may order the adjustment in the division of the joint price to be made retroactively to the date the complaint was filed, the date the order for an in- vestigation was made, or a later date the Sec- retary decides is reasonable. (b) WHEN SECRETARY MAY ACT.—The Secretary may act under this section on the Secretary’s own initiative or on a complaint filed with the Secretary and only after notice and an oppor- tunity for a hearing. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1135.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41508(a) ...... 49 App.:1482(h) (words after 3d comma). Aug. 23, 1958, Pub. L. 85–726, § 1002(h), 72 Stat. 790; Nov. 9, 1977, Pub. L. 95–163, § 18(c), 91 Stat. 1287. 49 App.:1551(a)(5)(D) (related to 49 App.:1482(h)), (b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(5)(D) (related to § 1002(h)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(c), (e), 98 Stat. 1703, 1704. 41508(b) ...... 49 App.:1482(h) (words before 3d comma). 49 App.:1551(a)(5)(D) (related to 49 App.:1482(h)), (b)(1)(E). In subsection (a), the words ‘‘interstate air transpor- tation of persons, air transportation of property within the State of Alaska, air transportation of property within the state of Hawaii, or overseas or’’ are omitted because 49:1551(a)(5)(D) provides that 49 App.:1482(h) ap- plies only to foreign air transportation. The words ‘‘un- reasonable or unreasonably discriminatory’’ are sub- stituted for ‘‘unjust, unreasonable, inequitable, or un- duly preferential or prejudicial’’ for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. The words ‘‘against any of those carriers’’ are substituted for ‘‘as between the air carriers or foreign air carriers parties thereto’’ to eliminate unnecessary words. The word ‘‘retroactively’’ is added for clarity. In subsection (b), the words ‘‘an opportunity for a’’ are added for consistency in the revised title and with other titles of the United States Code. § 41509. Authority of the Secretary of Transpor- tation to suspend, cancel, and reject tariffs for foreign air transportation (a) CANCELLATION AND REJECTION.—(1) On the initiative of the Secretary of Transportation or on a complaint filed with the Secretary, the Secretary may conduct a hearing to decide whether a price for foreign air transportation contained in an existing or newly filed tariff of an air carrier or foreign air carrier, a classifica-