49 U.S.C. § 41504 — Tariffs for foreign air transportation
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 423 words · no verdicts yet
Every carrier must file, publish, and keep open public tariffs showing prices for foreign air transportation, following the Secretary of Transportation's rules. Carriers must give notice — usually 30 days, sometimes 60 — before changing a price, classification, rule, or practice. The Secretary can reject a tariff or change that breaks this section's rules, and a rejected one is void.
(a) Filing tariffs. Following the Secretary of Transportation's regulations, every air carrier and foreign air carrier must file with the Secretary, publish, and keep open for public inspection, tariffs showing prices for foreign air transportation — both between places it serves, and between its places and those served by another carrier with which it has through service and joint prices. A tariff (1) must contain (A) a description of related classifications, rules, and practices, to the extent the Secretary requires, (B) a statement of prices in U.S. dollars, and (C) any other information the Secretary requires; and (2) may contain (A) prices stated in foreign money, and (B) information required under a foreign country's laws where the carrier is authorized to operate.
(b) Changing a tariff. (1) Except as provided in paragraph (2), a carrier may change a price, classification, rule, or practice in its foreign air transportation tariff only after filing, publishing, and posting notice of the change at least 30 days ahead — the same way a tariff itself is filed. The Secretary may allow at least 25 days' notice instead, to let a carrier match a competitor's price change. The notice must clearly state the proposed change and its effective date. (2) If a proposed change would start a passenger fare outside the range described in section 41509(e)(2) and (3), the change can only take effect after 60 days' notice under the Secretary's regulations.
(c) Rejecting changes. The Secretary may reject a tariff or tariff change that does not comply with this section or the Secretary's regulations. A rejected tariff or change is void.
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—
shall contain—
to the extent the Secretary requires by regulation, a description of the classifications, rules, and practices related to the foreign air transportation;
a statement of the prices in money of the United States; and
other information the Secretary requires by regulation; and
may contain—
a statement of the prices in money that is not money of the United States; and
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.
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.
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.
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.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1133.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1133
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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