49 U.S.C. § 41313 — Plans to address needs of families of pas-

Page 1138 TITLE 49—TRANSPORTATION § 41312 permit the use of, any gambling device on board an aircraft in foreign air transportation. (b) DEFINITION.—In this section, the term ‘‘gambling device’’ means any machine or me- chanical device (including gambling applica- tions on electronic interactive video systems in- stalled on board aircraft for passenger use)— (1) which when operated may deliver, as the result of the application of an element of chance, any money or property; or (2) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property. (Added Pub. L. 103–305, title II, § 205(a)(1), Aug. 23, 1994, 108 Stat. 1583.) Statutory Notes and Related Subsidiaries STUDY OF GAMBLING ON COMMERCIAL AIRCRAFT Pub. L. 103–305, title II, § 205(b), Aug. 23, 1994, 108 Stat. 1583, provided that the Secretary, not later than 1 year after Aug. 23, 1994, was to complete a study of the avia- tion safety effects of gambling applications on elec- tronic interactive video systems installed on board air- craft for passenger use and the competitive implica- tions of permitting foreign air carriers only, but not United States air carriers, to install, transport, and op- erate gambling applications on electronic interactive video systems on board aircraft on flights over inter- national waters, and provided that the Secretary, with- in 5 days after the completion of the study, would sub- mit a report to Congress on the results of the study. § 41312. Ending or suspending foreign air trans- portation (a) GENERAL.—An air carrier holding a certifi- cate issued under section 41102 of this title to provide foreign air transportation— (1) may end or suspend the transportation to a place under the certificate only when the carrier gives at least 90 days notice of its in- tention to end or suspend the transportation to the Secretary of Transportation, any com- munity affected by that decision, and the State authority of the State in which a com- munity is located; and (2) if it is the only air carrier holding a cer- tificate to provide non-stop or single-plane foreign air transportation between 2 places, may end or suspend the transportation be- tween those places only when the carrier gives at least 60 days notice of its intention to end or suspend the transportation to the Secretary and each community directly affected by that decision. (b) TEMPORARY SUSPENSION.—The Secretary may authorize the temporary suspension of for- eign air transportation under subsection (a) of this section when the Secretary finds the sus- pension is in the public interest. (Added Pub. L. 103–429, § 6(51)(A), Oct. 31, 1994, 108 Stat. 4384; amended Pub. L. 104–287, § 5(72), Oct. 11, 1996, 110 Stat. 3396.) HISTORICAL AND REVISION NOTES PUB. L. 103–429 Revised Section Source (U.S. Code) Source (Statutes at Large) 41312(a) ...... 49 App.:1371(j)(1) (1st sentence), (2). Aug. 23, 1958, Pub. L. 85–726, § 401(j), 72 Stat. 756, as re- stated Oct. 24, 1978, Pub. L. 95–504, § 19(a), 92 Stat. 1720. HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 103–429 Revised Section Source (U.S. Code) Source (Statutes at Large) 49 App.:1551(a)(1)(D). Aug. 23, 1958, Pub. L. 85–726, § 1601(a)(1)(D), as added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1744. 49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, § 1601(b)(1)(E), as added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 41312(b) ...... 49 App.:1371(j)(1) (last sentence). 49 App.:1551(a)(1)(D), (b)(1)(E). In the section, the text of 49 App.:1371(j) (related to interstate and overseas transportation of persons) is omitted because of 49 App.:1551(a)(1)(D). The text of 49 App.:1371(j) (related to other interstate and overseas air transportation and the domestic air transportation of mail) is omitted because a certificate of public conven- ience and necessity is no longer required. See H.R. Rept. 98–793, 98th Cong., 2d Sess., p. 10 (1984). The text of 49 App.:1371(j) (related to essential air transpor- tation) is omitted as superseded by 49 App.:1389, re- stated as subchapter II of chapter 417 of title 49. In subsection (a)(1) and (2), the word ‘‘place’’ is sub- stituted for ‘‘point’’ for consistency in the revised title. The words ‘‘by that decision’’ are added for clarity. In subsection (a)(1), the words ‘‘which it is providing’’ are omitted as surplus. The word ‘‘authority’’ is sub- stituted for ‘‘agency’’ for consistency in the revised title and with other titles of the United States Code. In subsection (a)(2), the words ‘‘between those places’’ are substituted for ‘‘being provided by such air carrier under such certificate’’ to eliminate unnecessary words. In subsection (b), the words ‘‘by regulation or other- wise’’ are omitted as surplus. The words ‘‘when the Sec- retary finds the suspension is in’’ are substituted for ‘‘as may be’’ for clarity and consistency. PUB. L. 104–287 This amends 49:41312(a)(1) to conform to the style of title 49. Editorial Notes AMENDMENTS 1996—Subsec. (a)(1). Pub. L. 104–287 substituted ‘‘Sec- retary of Transportation’’ for ‘‘Secretary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as an Effective Date of 1994 Amendment note under section 321 of this title. § 41313. Plans to address needs of families of pas- sengers involved in foreign air carrier acci- dents (a) DEFINITIONS.—In this section, the following definitions apply: (1) AIRCRAFT ACCIDENT.—The term ‘‘aircraft accident’’ means any aviation disaster, regard- less of its cause or suspected cause, that oc- curs within the United States; and (2) PASSENGER.—The term ‘‘passenger’’ has the meaning given such term by section 1136. (b) SUBMISSION OF PLANS.—A foreign air car- rier providing foreign air transportation under this chapter shall transmit to the Secretary of Transportation and the Chairman of the Na- tional Transportation Safety Board a plan for Page 1139 TITLE 49—TRANSPORTATION § 41313 addressing the needs of the families of pas- sengers involved in an aircraft accident that in- volves an aircraft under the control of the for- eign air carrier and results in any loss of life. (c) CONTENTS OF PLANS.—To the extent per- mitted by foreign law which was in effect on the date of the enactment of this section, a plan submitted by a foreign air carrier under sub- section (b) shall include the following: (1) TELEPHONE NUMBER.—A plan for publi- cizing a reliable, toll-free telephone number and staff to take calls to such number from families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in any loss of life. (2) NOTIFICATION OF FAMILIES.—A process for notifying, in person to the extent practicable, the families of passengers involved in an air- craft accident that involves an aircraft under the control of the foreign air carrier and re- sults in any loss of life before providing any public notice of the names of such passengers. Such notice shall be provided by using the services of— (A) the organization designated for the ac- cident under section 1136(a)(2); or (B) other suitably trained individuals. (3) NOTICE PROVIDED AS SOON AS POSSIBLE.— An assurance that the notice required by para- graph (2) shall be provided as soon as prac- ticable after the foreign air carrier has verified the identity of a passenger on the for- eign aircraft, whether or not the names of all of the passengers have been verified. (4) LIST OF PASSENGERS.—An assurance that the foreign air carrier shall provide, imme- diately upon request, and update a list (based on the best available information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), to— (A) the director of family support services designated for the accident under section 1136(a)(1); and (B) the organization designated for the ac- cident under section 1136(a)(2). (5) CONSULTATION REGARDING DISPOSITION OF REMAINS AND EFFECTS.—An assurance that the family of each passenger will be consulted about the disposition of any remains and per- sonal effects of the passenger that are within the control of the foreign air carrier. (6) RETURN OF POSSESSIONS.—An assurance that, if requested by the family of a passenger, any possession (regardless of its condition) of that passenger that is within the control of the foreign air carrier will be returned to the family unless the possession is needed for the accident investigation or a criminal investiga- tion. (7) UNCLAIMED POSSESSIONS RETAINED.—An assurance that any unclaimed possession of a passenger within the control of the foreign air carrier will be retained by the foreign air car- rier for not less than 18 months after the date of the accident. (8) MONUMENTS.—An assurance that the fam- ily of each passenger will be consulted about construction by the foreign air carrier of any monument to the passengers built in the United States, including any inscription on the monument. (9) EQUAL TREATMENT OF PASSENGERS.—An assurance that the treatment of the families of nonrevenue passengers (and any other vic- tim of the accident, including any victim on the ground) will be the same as the treatment of the families of revenue passengers. (10) SERVICE AND ASSISTANCE TO FAMILIES OF PASSENGERS.—An assurance that the foreign air carrier will work with any organization designated under section 1136(a)(2) on an ongo- ing basis to ensure that families of passengers receive an appropriate level of services and as- sistance following an accident. (11) COMPENSATION TO SERVICE ORGANIZA- TIONS.—An assurance that the foreign air car- rier will provide reasonable compensation to any organization designated under section 1136(a)(2) for services and assistance provided by the organization. (12) TRAVEL AND CARE EXPENSES.—An assur- ance that the foreign air carrier will assist the family of any passenger in traveling to the lo- cation of the accident and provide for the physical care of the family while the family is staying at such location. (13) RESOURCES FOR PLAN.—An assurance that the foreign air carrier will commit suffi- cient resources to carry out the plan. (14) SUBSTITUTE MEASURES.—If a foreign air carrier does not wish to comply with para- graph (10), (11), or (12), a description of pro- posed adequate substitute measures for the re- quirements of each paragraph with which the foreign air carrier does not wish to comply. (15) TRAINING OF EMPLOYEES AND AGENTS.— An assurance that the foreign air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an ac- cident. (16) CONSULTATION ON CARRIER RESPONSE NOT COVERED BY PLAN.—An assurance that, in the event that the foreign air carrier volunteers assistance to United States citizens within the United States with respect to an aircraft acci- dent outside the United States involving any loss of life, the foreign air carrier shall consult with the Board and the Department of State on the provision of the assistance. (17) NOTICE CONCERNING LIABILITY FOR MAN- MADE STRUCTURES.— (A) IN GENERAL.—An assurance that, in the case of an accident that results in any dam- age to a manmade structure or other prop- erty on the ground that is not government- owned, the foreign air carrier will promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other property about liability for any property damage and means for ob- taining compensation. (B) MINIMUM CONTENTS.—At a minimum, the written notice shall advise an owner (i) to contact the insurer of the property as the authoritative source for information about coverage and compensation; (ii) to not rely on unofficial information offered by foreign air carrier representatives about compensa- Page 1140 TITLE 49—TRANSPORTATION § 41313 tion by the foreign air carrier for accident- site property damage; and (iii) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with restrictions on access to the accident site. (18) SIMULTANEOUS ELECTRONIC TRANSMISSION OF NTSB HEARING.—An assurance that, in the case of an accident in which the National Transportation Safety Board conducts a pub- lic hearing or comparable proceeding at a lo- cation greater than 80 miles from the accident site, the foreign air carrier will ensure that the proceeding is made available simulta- neously by electronic means at a location open to the public at both the origin city and destination city of the foreign air carrier’s flight if that city is located in the United States. (d) PERMIT AND EXEMPTION REQUIREMENT.—The Secretary shall not approve an application for a permit under section 41302 unless the applicant has included as part of the application or re- quest for exemption a plan that meets the re- quirements of subsection (c). (e) LIMITATION ON LIABILITY.—A foreign air carrier shall not be liable for damages in any ac- tion brought in a Federal or State court arising out of the performance of the foreign air carrier in preparing or providing a passenger list pursu- ant to a plan submitted by the foreign air car- rier under subsection (c), unless the liability was caused by conduct of the foreign air carrier which was grossly negligent or which con- stituted intentional misconduct. (Added Pub. L. 105–148, § 1(a), Dec. 16, 1997, 111 Stat. 2681; amended Pub. L. 106–181, title IV, § 403(a)–(c)(1), Apr. 5, 2000, 114 Stat. 130; Pub. L. 108–176, title VIII, § 809(b), Dec. 12, 2003, 117 Stat. 2589; Pub. L. 115–254, div. B, title V, § 539(d), div. C, § 1109(b), Oct. 5, 2018, 132 Stat. 3370, 3434; Pub. L. 118–63, title XI, § 1101(i), May 16, 2024, 138 Stat. 1413.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 105–148, which was approved Dec. 16, 1997. AMENDMENTS 2024—Subsec. (c)(16). Pub. L. 118–63 substituted ‘‘the foreign air carrier shall consult’’ for ‘‘will consult’’. 2018—Subsec. (b). Pub. L. 115–254, § 1109(b)(1), sub- stituted ‘‘any loss of life’’ for ‘‘a major loss of life’’. Subsec. (c)(1). Pub. L. 115–254, § 1109(b)(2)(A), sub- stituted ‘‘any loss of life’’ for ‘‘a significant loss of life’’. Subsec. (c)(2). Pub. L. 115–254, § 1109(b)(2)(B), sub- stituted ‘‘any loss of life’’ for ‘‘a significant loss of life’’ in introductory provisions. Subsec. (c)(9). Pub. L. 115–254, § 1109(b)(2)(C), amended par. (9) generally. Prior to amendment, text read as fol- lows: ‘‘An assurance that the treatment of the families of nonrevenue passengers will be the same as the treat- ment of the families of revenue passengers.’’ Subsec. (c)(16). Pub. L. 115–254, § 1109(b)(2)(D), sub- stituted ‘‘any loss of life’’ for ‘‘major loss of life’’ and ‘‘will consult’’ for ‘‘the foreign air carrier will con- sult’’. Pub. L. 115–254, § 539(d), substituted ‘‘An assurance that’’ for ‘‘An assurance that the foreign air carrier’’. Subsec. (c)(17)(A). Pub. L. 115–254, § 1109(b)(2)(E), sub- stituted ‘‘any damage’’ for ‘‘significant damage’’. 2003—Subsec. (c)(17), (18). Pub. L. 108–176 added pars. (17) and (18). 2000—Subsec. (a)(2). Pub. L. 106–181, § 403(a), amended heading and text of par. (2) generally. Prior to amend- ment, text read as follows: ‘‘The term ‘passenger’ in- cludes an employee of a foreign air carrier or air car- rier aboard an aircraft.’’ Subsec. (b). Pub. L. 106–181, § 403(b), substituted ‘‘major’’ for ‘‘significant’’. Subsec. (c)(15), (16). Pub. L. 106–181, § 403(c)(1), added pars. (15) and (16). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by section 403(a) and (b) of Pub. L. 106–181 applicable only to fiscal 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. Pub. L. 106–181, title IV, § 403(c)(2), Apr. 5, 2000, 114 Stat. 131, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on the 180th day following the date of the enactment of this Act [Apr. 5, 2000]. On or before such 180th day, each foreign air carrier providing foreign air transportation under chapter 413 of title 49, United States Code, shall submit to the Secretary [of Transportation] and the Chairman of the National Transportation Safety Board an updated plan under section 41313 of such title that meets the requirements of the amendment made by paragraph (1).’’ EFFECTIVE DATE Pub. L. 105–148, § 1(c), Dec. 16, 1997, 111 Stat. 2683, pro- vided that: ‘‘The amendments made by this section [en- acting this section] shall take effect on the 180th day following the date of the enactment of this Act [Dec. 16, 1997].’’ CHAPTER 415—PRICING Sec. 41501. Establishing reasonable prices, classifica- tions, rules, practices, and divisions of joint prices for foreign air transportation. 41502. Establishing joint prices for through routes with other carriers. 41503. Establishing joint prices for through routes provided by State authorized carriers. 41504. Tariffs for foreign air transportation. 41505. Uniform methods for establishing joint prices, and divisions of joint prices, applica- ble to commuter air carriers. 41506. Price division filing requirements for foreign air transportation. 41507. Authority of the Secretary of Transportation to change prices, classifications, rules, and practices for foreign air transportation. 41508. Authority of the Secretary of Transportation to adjust divisions of joint prices for foreign air transportation. 41509. Authority of the Secretary of Transportation to suspend, cancel, and reject tariffs for for- eign air transportation. 41510. Required adherence to foreign air transpor- tation tariffs. 41511. Special prices for foreign air transportation. Editorial Notes AMENDMENTS 1997—Pub. L. 105–102, § 2(21), Nov. 20, 1997, 111 Stat. 2205, struck out ‘‘common’’ before ‘‘carriers’’ in item 41502.