
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: 49USC41508]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                          CHAPTER 415--PRICING
 
Sec. 41508. Authority of the Secretary of Transportation to 
        adjust divisions of joint prices for foreign air transportation
        
    (a) General.--When the Secretary of Transportation 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 investigation was made, or a later date 
the Secretary 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 opportunity for a hearing.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1135.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
41508(a)..............................  49 App.:1482(h) (words after 3d  Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         comma).                          1002(
h), 72 Stat. 790; Nov. 9, 1977,
                                                                          Pub. 
L. 95-163, Sec.  18(c), 91 Stat.
                                                                          1287.
                                        49 App.:1551(a)(5)(D) (related   Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         to 49 App.:1482(h)),             731, 
Sec.  1601(a)(5)(D) (related to
                                         (b)(1)(E).                       Sec. 
 1002(h)), (b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  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).
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    In subsection (a), the words ``interstate air transportation 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) 
applies only to foreign air transportation. The words ``unreasonable or 
unreasonably discriminatory'' are substituted for ``unjust, 
unreasonable, inequitable, or unduly 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 40109, 41505, 46301 of this 
title.
