dreamproit/uscode huggingface dataset:
49 U.S.C. § 41311 (TRANSPORTATION)
§ 41311. Gambling restrictions
(a) In General.—
An air carrier or foreign air carrier may not install, transport, or operate, or 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 mechanical device (including gambling applications on electronic interactive video systems installed 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Study of Gambling on Commercial Aircraft
text: 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 aviation safety effects of gambling applications on electronic interactive video systems installed on board aircraft for passenger use and the competitive implications of permitting foreign air carriers only, but not United States air carriers, to install, transport, and operate gambling applications on electronic interactive video systems on board aircraft on flights over international waters, and provided that the Secretary, within 5 days after the completion of the study, would submit a report to Congress on the results of the study.
49 U.S.C. § 41502 (TRANSPORTATION)
§ 41502. Establishing joint prices for through routes with other carriers
(a) Joint Prices.—
An air carrier may establish reasonable joint prices and through service with another carrier. However, an air carrier not directly operating aircraft in air transportation (except an air express company) may not establish under this section a joint price for the transportation of property with a carrier subject to subtitle IV of this title.
(b) Prices, Classifications, Rules, and Practices and Divisions of Joint Prices.—
For through service by an air carrier and a carrier subject to subtitle IV of this title, the participating carriers shall establish—
(1) reasonable prices and reasonable classifications, rules, and practices affecting those prices or the value of the transportation provided under those prices; and
(2) for joint prices established for the through service, reasonable divisions of those joint prices among the participating carriers.
(c) Statements Included in Tariffs.—
An air carrier and a carrier subject to subtitle IV of this title that are participating in through service and joint prices shall include in their tariffs, filed with the Secretary of Transportation, a statement showing the through service and joint prices.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1132; Pub. L. 104–88, title III, § 308(l), Dec. 29, 1995, 109 Stat. 948; Pub. L. 105–102, § 2(22), Nov. 20, 1997, 111 Stat. 2205.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41502(a)
49 App.:1483(b) (1st sentence).
Aug. 23, 1958, Pub. L. 85–726, § 1003(b), 72 Stat. 791.
41502(b)
49 App.:1483(b) (2d sentence).
41502(c)
49 App.:1483(b) (last sentence).
49 App.:155(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.
In subsection (a), the words “(except an air express company)” are substituted for “(other than companies engaged in the air express business)” to eliminate unnecessary words.
In subsection (b), before clause (1), the words “participating carriers” are substituted for “carriers parties thereto” and “carriers participating therein” for consistency in this chapter.
In subsection (c), the words “or the Interstate Commerce Commission, as the case may be” are omitted because of 49:10526(a)(8)(B).
heading: Pub. L. 105–102
text: This amends the catchline for 49:41502 to make a technical and conforming amendment necessary because section 308(l) of the ICC Termination Act (Public Law 104–88, 109 Stat. 948) struck “common” from the text of 49:41502.
heading: Editorial Notes
heading: Amendments
text: 1997—Pub. L. 105–102 struck out “common” before “carriers” in section catchline.
1995—Pub. L. 104–88 substituted “another carrier” for “another common carrier” in subsec. (a) and “a carrier” for “a common carrier” in subsecs. (a), (b), and (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1995 Amendment
text: Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.
49 U.S.C. § 41704 (TRANSPORTATION)
§ 41704. Transporting property not to be transported in aircraft cabins
Under regulations or orders of the Secretary of Transportation, an air carrier shall transport as baggage the property of a passenger traveling in air transportation that may not be carried in an aircraft cabin because of a law or regulation of the United States. The carrier is liable to pay an amount not more than the amount declared to the carrier by that passenger for actual loss of, or damage to, the property caused by the carrier. The carrier may impose reasonable charges and conditions for its liability.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41704
49 App.:1516.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1116; added Aug. 5, 1974, Pub. L. 93–366, § 205, 88 Stat. 418.
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.
The words “as may be necessary”, “which . . . lawfully”, and “by such person” are omitted as surplus. The words “The carrier is liable to pay an amount not more than” are substituted for “shall assume liability . . . within” for clarity. The words “to such person” are omitted as surplus. The words “The carrier may impose” are added for clarity. The words “terms and” are omitted as covered by “conditions”.
heading: Statutory Notes and Related Subsidiaries
heading: Refunds for Delayed Baggage
text: Pub. L. 114–190, title II, § 2305, July 15, 2016, 130 Stat. 640, provided that:
“(a) In General.—
Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Secretary of Transportation shall issue final regulations to require an air carrier or foreign air carrier to promptly provide to a passenger an automated refund for any ancillary fees paid by the passenger for checked baggage if—
“(1) the air carrier or foreign air carrier fails to deliver the checked baggage to the passenger—
“(A) not later than 12 hours after the arrival of a domestic flight; or
“(B) not later than 15 hours after the arrival of an international flight; and
“(2) the passenger has notified the air carrier or foreign air carrier of the lost or delayed checked baggage.
“(b) Exception.—
If, as part of the rulemaking, the Secretary makes a determination on the record that a requirement under subsection (a) is not feasible and would adversely affect consumers in certain cases, the Secretary may modify 1 or both of the deadlines specified in subsection (a)(1) for such cases, except that—
“(1) the deadline relating to a domestic flight may not exceed 18 hours after the arrival of the domestic flight; and
“(2) the deadline relating to an international flight may not exceed 30 hours after the arrival of the international flight.”
49 U.S.C. § 41715 (TRANSPORTATION)
§ 41715. Phase-out of slot rules at certain airports
(a) Termination.—
The rules contained in subparts S and K of part 93, title 14, Code of Federal Regulations, shall not apply—
(1) after July 1, 2002, at Chicago O’Hare International Airport; and
(2) after January 1, 2007, at LaGuardia Airport or John F. Kennedy International Airport.
(b) Statutory Construction.—
Nothing in this section and sections 41714 and 41716–41718 shall be construed—
(1) as affecting the Federal Aviation Administration’s authority for safety and the movement of air traffic; and
(2) as affecting any other authority of the Secretary to grant exemptions under section 41714.
(c) Factors To Consider.—
(1) In general.—
Before the award of slot exemptions under sections 41714 and 41716–41718, the Secretary of Transportation may consider, among other determining factors, whether the petitioning air carrier’s proposal provides the maximum benefit to the United States economy, including the number of United States jobs created by the air carrier, its suppliers, and related activities. The Secretary should give equal consideration to the consumer benefits associated with the award of such exemptions.
(2) Applicability.—
Paragraph (1) does not apply in any case in which the air carrier requesting the slot exemption is proposing to use under the exemption a type of aircraft for which there is not a competing United States manufacturer.
(Added Pub. L. 106–181, title II, § 231(b)(2), Apr. 5, 2000, 114 Stat. 108.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 41715 was renumbered section 41719 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
49 U.S.C. § 41721 (TRANSPORTATION)
§ 41721. Reports by carriers on incidents involving animals during air transport
(a) In General.—
An air carrier that provides scheduled passenger air transportation shall submit monthly to the Secretary a report on any incidents involving the loss, injury, or death of an animal (as defined by the Secretary of Transportation) during air transport provided by the air carrier. The report shall be in such form and contain such information as the Secretary determines appropriate.
(b) Training of Air Carrier Employees.—
The Secretary shall work with air carriers to improve the training of employees with respect to the air transport of animals and the notification of passengers of the conditions under which the air transport of animals is conducted.
(c) Sharing of Information.—
The Secretary and the Secretary of Agriculture shall enter into a memorandum of understanding to ensure the sharing of information that the Secretary receives under subsection (a).
(d) Publication of Data.—
The Secretary shall publish data on incidents and complaints involving the loss, injury, or death of an animal during air transport in a manner comparable to other consumer complaint and incident data.
(e) Air Transport.—
For purposes of this section, the air transport of an animal includes the entire period during which an animal is in the custody of an air carrier, from check-in of the animal prior to departure until the animal is returned to the owner or guardian of the animal at the final destination of the animal.
(Added Pub. L. 106–181, title VII, § 710(a), Apr. 5, 2000, 114 Stat. 159.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
49 U.S.C. § 41723 (TRANSPORTATION)
§ 41723. Notice concerning aircraft assembly
The Secretary of Transportation shall require, beginning after the last day of the 18-month period following the date of enactment of this section, an air carrier using an aircraft to provide scheduled passenger air transportation to display a notice, on an information placard available to each passenger on the aircraft, that informs the passengers of the nation in which the aircraft was finally assembled.
(Added Pub. L. 108–176, title VIII, § 810(a), Dec. 12, 2003, 117 Stat. 2590.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
49 U.S.C. § 41724 (TRANSPORTATION)
§ 41724. Musical instruments
(a) In General.—
(1) Small instruments as carry-on baggage.—
An air carrier providing air transportation shall permit a passenger to carry a violin, guitar, or other musical instrument in the aircraft cabin, without charging the passenger a fee in addition to any standard fee that carrier may require for comparable carry-on baggage, if—
(A) the instrument can be stowed safely in a suitable baggage compartment in the aircraft cabin or under a passenger seat, in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator; and
(B) there is space for such stowage at the time the passenger boards the aircraft.
(2) Larger instruments as carry-on baggage.—
An air carrier providing air transportation shall permit a passenger to carry a musical instrument that is too large to meet the requirements of paragraph (1) in the aircraft cabin, without charging the passenger a fee in addition to the cost of the additional ticket described in subparagraph (E), if—
(A) the instrument is contained in a case or covered so as to avoid injury to other passengers;
(B) the weight of the instrument, including the case or covering, does not exceed 165 pounds or the applicable weight restrictions for the aircraft;
(C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator;
(D) neither the instrument nor the case contains any object not otherwise permitted to be carried in an aircraft cabin because of a law or regulation of the United States; and
(E) the passenger wishing to carry the instrument in the aircraft cabin has purchased an additional seat to accommodate the instrument.
(3) Large instruments as checked baggage.—
An air carrier shall transport as baggage a musical instrument that is the property of a passenger traveling in air transportation that may not be carried in the aircraft cabin if—
(A) the sum of the length, width, and height measured in inches of the outside linear dimensions of the instrument (including the case) does not exceed 150 inches or the applicable size restrictions for the aircraft;
(B) the weight of the instrument does not exceed 165 pounds or the applicable weight restrictions for the aircraft; and
(C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator.
(b) Regulations.—
Not later than 2 years after the date of enactment of this section, the Secretary shall issue final regulations to carry out subsection (a).
(c) Effective Date.—
The requirements of this section shall become effective on the date of issuance of the final regulations under subsection (b).
(Added Pub. L. 112–95, title IV, § 403(a), Feb. 14, 2012, 126 Stat. 84.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.
Final regulations, referred to in subsecs. (b) and (c), were issued Dec. 29, 2014, effective Mar. 6, 2015. See 80 F.R. 161.
49 U.S.C. § 41740 (TRANSPORTATION)
§ 41740. Joint proposals
The Secretary of Transportation shall encourage the submission of joint proposals, including joint fares, by 2 or more air carriers for providing air service or air transportation under this subchapter through arrangements that maximize the service or transportation to and from major destinations beyond the hub.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1152; Pub. L. 108–176, title IV, § 403, Dec. 12, 2003, 117 Stat. 2543.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41740
49 App.:1389(j).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 419(j); added Oct. 24, 1978, Pub. L. 95–504, § 33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, § 10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, § 9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, § 202(a)(1), (2), (b)(1), 101 Stat. 1507, 1516.
The words “air service or air transportation” are substituted for “air service”, and the words “the service or transportation” are substituted for “service”, for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title.
heading: Editorial Notes
heading: Amendments
text: 2003—Pub. L. 108–176 inserted “, including joint fares,” after “joint proposals”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2003 Amendment
text: Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
49 U.S.C. § 41744 (TRANSPORTATION)
§ 41744. Preservation of basic essential air service at single carrier dominated hub airports
(a) In General.—
If the Secretary of Transportation determines that extraordinary circumstances jeopardize the reliable performance of essential air service under this subchapter from a subsidized essential air service community to and from an essential airport facility, the Secretary may require an air carrier that has more than 60 percent of the total annual enplanements at the essential airport facility to take action to enable another air carrier to provide reliable essential air service to that community. Actions required by the Secretary under this subsection may include interline agreements, ground services, subleasing of gates, and the provision of any other service or facility necessary for the performance of satisfactory essential air service to that community.
(b) Essential Airport Facility Defined.—
In this section, the term “essential airport facility” means a large hub airport in the contiguous 48 States at which one air carrier has more than 60 percent of the total annual enplanements at that airport.
(Added Pub. L. 106–181, title II, § 204(a), Apr. 5, 2000, 114 Stat. 93; amended Pub. L. 108–176, title II, § 225(b)(4), Dec. 12, 2003, 117 Stat. 2529.)
heading: Editorial Notes
heading: Amendments
text: 2003—Subsec. (b). Pub. L. 108–176 struck out “(as defined in section 41731)” after “large hub airport”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2003 Amendment
text: Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
49 U.S.C. § 41746 (TRANSPORTATION)
§ 41746. Tracking service
The Secretary of Transportation shall require a carrier that provides essential air service to an eligible place and that receives compensation for such service under this subchapter to report not less than semiannually—
(1) the percentage of flights to and from the place that arrive on time as defined by the Secretary; and
(2) such other information as the Secretary considers necessary to evaluate service provided to passengers traveling to and from such place.
(Added Pub. L. 108–176, title IV, § 407, Dec. 12, 2003, 117 Stat. 2545.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
49 U.S.C. § 41761 (TRANSPORTATION)
§ 41761. Purpose
The purpose of this subchapter is to improve service by jet aircraft to underserved markets by providing assistance, in the form of Federal credit instruments, to commuter air carriers that purchase regional jet aircraft for use in serving those markets.
(Added Pub. L. 106–181, title II, § 210(a), Apr. 5, 2000, 114 Stat. 96.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
49 U.S.C. § 41764 (TRANSPORTATION)
§ 41764. Use of Federal facilities and assistance
(a) Use of Federal Facilities.—
To permit the Secretary of Transportation to make use of such expert advice and services as the Secretary may require in carrying out this subchapter, the Secretary may use available services and facilities of other agencies and instrumentalities of the United States Government—
(1) with the consent of the appropriate Federal officials; and
(2) on a reimbursable basis.
(b) Assistance.—
The head of each appropriate department or agency of the United States Government shall exercise the duties and powers of that head in such manner as to assist in carrying out the policy specified in section 41761.
(c) Oversight.—
The Secretary shall make available to the Comptroller General of the United States such information with respect to any Federal credit instrument made under this subchapter as the Comptroller General may require to carry out the duties of the Comptroller General under chapter 7 of title 31, United States Code.
(Added Pub. L. 106–181, title II, § 210(a), Apr. 5, 2000, 114 Stat. 101.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
49 U.S.C. § 41765 (TRANSPORTATION)
§ 41765. Administrative expenses
In carrying out this subchapter, the Secretary shall use funds made available by appropriations to the Department of Transportation for the purpose of administration, in addition to the proceeds of any fees collected under this subchapter, to cover administrative expenses of the Federal credit instrument program under this subchapter.
(Added Pub. L. 106–181, title II, § 210(a), Apr. 5, 2000, 114 Stat. 101.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
49 U.S.C. § 41766 (TRANSPORTATION)
§ 41766. Funding
Of the amounts appropriated under section 106(k) for each of fiscal years 2001 through 2003, such sums as may be necessary may be used to carry out this subchapter, including administrative expenses.
(Added Pub. L. 106–181, title II, § 210(a), Apr. 5, 2000, 114 Stat. 101.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.