
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC41504]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                          CHAPTER 415--PRICING
 
Sec. 41504. Tariffs for foreign air transportation

    (a) Filing and Contents.--In the way prescribed by regulation by the 
Secretary of Transportation, every air carrier and foreign air carrier 
shall file with the Secretary, publish, and keep open to public 
inspection, tariffs showing the prices for the foreign air 
transportation provided between places served by the carrier and 
provided between places served by the carrier and places served by 
another air carrier or foreign 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 classifications, rules, and practices related 
        to the foreign air transportation;
            (B) a statement of the prices in money of the United States; 
        and
            (C) other information the Secretary requires 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 
        authorized to operate.

    (b) Changes.--(1) Except as provided in paragraph (2) of this 
subsection, an air carrier or foreign air carrier may change a price or 
a classification, 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 prescribe 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 passenger fare or a charge of 
another air carrier or foreign air carrier. A notice under this 
paragraph 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 Secretary.
    (c) Rejection of Changes.--The Secretary may reject a tariff or 
tariff change that is not consistent with this section and regulations 
prescribed by the Secretary. A tariff or change that is rejected is 
void.

(Pub. L. 103-272, Sec. 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,   Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         2d sentence words before         403(a
), 72 Stat. 758.
                                         semicolon, last sentence).
                                        49 App.:1551(a)(4)(B) (related   Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         to 49 App.:1373(a)),             731, 
Sec.  1601(a)(4)(B) (related to
                                         (b)(1)(E).                       Sec. 
 403(a), (c)(1), (2)), (b)(1)(E);
                                                                          added
 Oct. 4, 1984, Pub. L. 98-443,
                                                                          Sec. 
 3(c), (e), 98 Stat. 1703, 1704.
41504(b)(1)...........................  49 App.:1373(c)(1).              Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          403(c
)(1), (2), 72 Stat. 759; Nov. 9,
                                                                          1977,
 Pub. L. 95-163, Sec.  10(a), 91
                                                                          Stat.
 1281; restated Oct. 24, 1978,
                                                                          Pub. 
L. 95-504, Sec.  22, 92 Stat.
                                                                          1724;
 Feb. 15, 1980, Pub. L. 96-192,
                                                                          Sec. 
 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 transportation'' are 
substituted 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 revised title, governs rates for the transportation of mail by 
aircraft. See section 40102(a) of the revised title defining ``air 
transportation'' to mean interstate or foreign air transportation or the 
transportation 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 surplus.
    In subsection (b)(1), the words ``for foreign air transportation'' 
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 another air carrier's or foreign air carrier's 
proposed tariff'' 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 provisions 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 foreign 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 Federal 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 enacted 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 conference 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 41110, 41310, 41503, 41509 
of this title.
