An Act to amend the Federal Aviation Act of 1958 to provide for the regulation of rates and practices of air carriers and foreign air carriers in foreign air transportation, and for other purposes
PL 92-259 (S.2423), enacted 03/22/1972

86 STAT. ] 
PUBLIC LAW 92-259-MAR. 22, 1972 
i i 
not obligated and expended prior to the beginning of the fiscal year 
succeeding the fiscal year for which such funds were appropriated 
shall remain available for obligation and expenditure during such suc-
ceeding fiscal year. 
u 
RELATIONSHIP TO OTHER LAWS 
"SEC. 709. No part of the cost of any project under this title may be 
treated as income or benefits to any eligible individual for the purpose 
of any other program or provision of State or Federal law. 
(( 
MISCELLANEOUS 
"SEC. 710. None of the provisions of this title shall be construed to 
Profitmaking 
prevent a recipient of a grant or a contract from entering into an agree- agr^mJ'nts"' 
ment, subject to the approval of the State agency, with a profitmaking 
organization to carry out the provisions of this title and of the appro- 
' ^/ 
priate State plan." 
-
Approved'March 22, 1972. 
Public Law 92-259 
AN ACT 
March 22, 1972 
To amend the Federal Aviation Act of 1958 to provide for the suspension and 
[s.2423] 
rejection of rates and practices of air carriers and foreign air carriers in 
foreign air transportation, and for other purposes. 
Foreign air 
transportation 
Be it enacted hy the Seriate and House of Refresentatives 
of the 
United States of America in Congress assembled^ That section 404(a) 
of the Federal Aviation Act of 1958 (49 U.S.C. 1374(a)) is amended raTe's 
by inserting "(1)" immediately after " ( a ) " and by adding at the end ajf^o^r"!^*""^^ 
thereof the following new paragraph: 
72 stat! 76o 
" (2) It shall be the duty of every air carrier and foreign air carrier 
to establish, observe, and enforce ]ust and reasonable individual and 
joint rates, fares, and charges, and just and reasonable classifications, 
rules, regulations, and practices relating to foreign air transportation; 
and, in case of such joint rates, fares, and charges, to establish just, 
reasonable, and equitable divisions thereof as between air carriers or 
foreign air carriers participating therein which shall not unduly 
prefer or prejudice any of such participating air carriers or foreign 
air carriers.". 
96 
PUBLIC LAW 92-259-MAR. 22, 1972 
[86 STAT. 
Presidential 
authority. 
72 Stat. 782. 
Infra. 
SEC. 2. Section 801 of such Act (49 U.S.C. 1461) is amended by 
inserting "(a)'" immediately after "Sec. 801." and by adding at the 
end thereof the following new subsection: 
"(b) Any order of the Board pursuant to section 1002(j) of this 
Act suspending, rejecting, or canceling a rate, fare, or charge for 
foreign air transportation, and any order rescinding the effectiveness 
of any such order, shall be submitted to the President before publi-
cation thereof. The President may disapprove any such order when 
he finds that disapproval is required for reasons of the national defense 
or the foreign policy of the Laiited States not later than ten days 
following submission by the Board of any such order to tlie President.". 
SEC. 3. (a) Section 1002 of such Act (49 U.S.C. 1482) is amended 
by adding at the end thereof the following new subsection: 
New tariff, 
hearing. 
"SUSPENSION AND REJECTION OF RATES I N FOREIGN AIR TRANSPORTATION 
"(j) (1) Whenever any air carrier or foreign air carrier shall file 
with the Board a tariff stating a new individual or joint (between air 
carriers, between foreign air carriers, or between an air carrier or 
carriers and a foreign air carrier or carriers) rate, fare, or charge for 
foreign air transportation or any classification, rule, regulation, or 
practice affecting such rate, fare, or charge, or the value of the service 
thereunder, the Board is empowered, upon complaint or upon its 
own initiative, at once, and, if it so orders, without answer or other 
formal pleading by the air carrier or foreign air carrier, but upon 
reasonable notice, to enter upon a hearing concerning the lawfulness 
of such rate, fare, or charge, or such classification, rule, regulation, or 
practice; and pending such hearing and the decision thereon, the 
Board, by filing with such tariff, and delivering to the air carrier or 
foreign air carrier affected thereby, a statement in writing of its 
reasons for such suspension, may suspend the operation of such tariff 
and defer the use of such rate, fare, or charge, or such classification, 
rule, regulation, or practice, for a period or periods not exceeding 
three hundred and sixty-five days in the aggregate beyond the time 
when such tariff" would otherwise go into effect. If, after hearing, the 
Board shall be of the opinion that such rate, fare, or charge, or such 
classification, rule, regulation, or practice, is or will be unjust or 
unreasonable, or unjustly discriminatory, or unduly preferential, or 
unduly prejudicial, the Board may take action to reject or cancel 
such tariff and prevent the use of such rate, fare, or charge, or such 
classification, rule, regulation, or practice. The Board may at any time 
rescind the suspension of such tariff and permit the use of such rate, 
fare, or charge, or such classification, rule, regulation, or practice. 
hearing. 
86 STAT. ] 
PUBLIC LAW 92-259-MAR. 22, 1972 
91 
If the proceeding has not been concluded and an order made within 
the period of suspension or suspensions, or if the Board shall otherwise 
so direct, the proposed rate, fare, charge, classification, rule, regula-
tion, or practice shall go into effect subject, however, to being canceled 
when the proceeding is concluded. This paragraph shall not apply to 
any initial tariff filed by an air carrier or foreign air carrier. During 
the period of any suspension or suspensions, or following rejection 
or cancellation of a tariff, including tariffs which have gone into effect 
provisionally, the affected air carrier or foreign air carrier shall main-
tain in effect and use the rate, fare, or charge, or the classification, 
rule, regulation, or practice affecting such rate, fare, or charge, or 
the value of service thereunder, which was in effect immediately prior 
to the filing of the new tariff. 
"(2) With respect to any existing tariff of an air carrier or foreign ^,^^^^„^^^"^ tarm, 
air carrier stating rates, fares, or charges for foreign air transportation, 
or any classification, rule, regulation, or practice affecting such rate, 
fare, or charge, or the value of the service thereunder, the Board is 
empowered, upon complaint or upon its own initiative, at once and, 
if it so orders, without answer or other formal pleading by the air 
carrier or foreign air carrier, but upon reasonable notice, to enter 
into a hearing concerning the lawfulness of such rate, fare, or charge, 
or such classification, rule, regulation, or practice; and pending such 
hearing and the decision thereon, the Board, upon reasonable notice, 
and by filing with such tariff, and delivering to the air carrier or 
foreign air carrier affected thereby, a statement in w^riting of its 
reasons for such suspension, and the effective date thereof, may 
suspend the operation of such tariff and defer the use of such rate, 
fare, or charge, or such classification, rule, regulation, or practice, 
following the effective date of such suspension, for a period or periods 
not exceeding three hundred and sixty-five days in the aggregate from 
the effective date of such suspension. If, after hearing, the Board 
shall be of the opinion that such rate, fare, or charge, or such classifi-
cation, rule, regulation, or practice, is or will be unjust or unreasonable, 
or unjustly discriminatory, or unduly preferential, or unduly preju-
dicial, the Board may take action to cancel such tariff and prevent 
the use of such rate, fare, or charge, or such classification, rule, regu-
lation, or practice. If the proceeding has not been concluded within 
the period of suspension or suspensions, the tariff shall again go into 
effect subject, however, to being canceled when the proceeding is 
concluded. For the purposes of operation during the period of such 
suspension, or the period following cancellation of an existing tariff 
98 
PUBLIC LAW 92-259-MAR. 22, 1972 
[86 STAT. 
Foreign carri-
ers, tariff 
suspensiort. 
Rate rejection, 
criteria. 
pending effectiveness of a new tariff, the air carrier or foreign air 
carrier may file a tariff embodying any rate, fare, or charge, or any 
classification, rule, regulation, or practice affecting such rate, fare, or 
charge, or the value of the service thereunder, that may be currently 
in effect (and not subject to a suspension order) for any air carrier 
engaged in the same foreign air transportation. 
"(3) Whenever the Board finds that the government or aero-
nautical authorities of any foreign country have refused to permit 
the charging of rates, fares, or charges contained in a properly filed 
and published tariff of an air carrier filed under this Act for foreign 
air transportation to such foreign country, the Board may, without 
hearing, (A) suspend the operation of any existing tariff of any 
foreign air carrier providing services between the United States and 
such foreign country for a period or periods not exceeding three 
hundred and sixty-five days in the aggregate from the date of such 
suspension, and (B) during the period of such suspension or suspen-
sions, order the foreign air carrier to charge rate, fares, or charges 
which are the same as those contained in a properly filed and published 
tariff (designated by the Board) of an air carrier filed under this Act 
for foreign air transportation to such foreign country, and the effective 
right of an air carrier to start or continue service at the designated 
rates, fares, or charges to such foreign country shall be a condition 
to the continuation of service by the foreign air carrier in foreign 
air transportation to such foreign country. 
"(4) The provisions of this subsection and compliance with any 
order of the Board issued pursuant thereto shall be an express condi-
tion to the certificates or permits now held or hereafter issued to any 
air carrier or foreign air carrier, and the maintenance of rates, fares, 
or charges in conformity with the requirements of such provisions and 
such order of the Board shall be a condition to the continuation of 
the affected service by such air carrier or foreign air carrier. 
" (5) In exercising and performing its powers and duties under this 
subsection with respect to the rejection or cancellation of rates for 
the carriage of persons or property, the Board shall take into consid-
eration, among other factors— 
"(A) the effect of such rates upon the movement of traffic; 
"(B) the need in the public interest of adequate and efficient 
transportation of persons and property by air carriers and foreign 
air carriers at the lowest cost consistent with the furnishing of 
such service; 
"(C) such standards respecting the character and quality of 
service to be rendered by air carriers and foreign air carriers as 
may be prescribed by or pursuant to law; 
"(D) the inherent advantages of transportation by aircraft; 
"(E) the need of such air carrier and foreign air carrier for 
revenue sufficient to enable such air carrier and foreign air carrier, 
under honest, economical, and efficient management, to provide 
adequate and efficient air carrier and foreign air carrier service; 
and 
" ( F ) whether such rates will be predatory or tend to monop-
olize competition among air carriers and foreign air carriers in 
foreign air transportation.". 
86 STAT. ] 
PUBLIC LAW 92-260-MAR. 23, 1972 
HI 
(b) That portion of the table of contents contained in the first 
section of the Federal Aviation Act of 1958 which appears under the 
side heading 
"Sec. 1002. Complaints to and investigations by the Administrator and the 
Board." 
is amended by adding at the end thereof the following: 
" (j) Suspension and rejection of rates in foreign air transportation.". 
SEC. 4. The amendments made by this Act shall not be deemed to 
authorize any actions inconsistent with the provision of section 1102 
of the Federal Aviation Act of 1958 (49 U.S.C. 1502). 
Approved March 22, 1972. 
International 
agreements. 
Public Law 92-260 
AN ACT 
To establish the Oregon Dunes National Recreation Area in the State of Oregon, 
and for other purposes. 
Be it enacted hy the Senate and House of Rewesentatives 
of the 
United States of America in Congress assembled, That, in order to 
provide for the public outdoor recreation use and enjoyment of cer-
tain ocean shorelines and dunes, forested areas, fresh water lakes, and 
recreational facilities in the State of Oregon by present and future 
generations and the conservation of scenic, scientific, historic, and 
other values contributing to public enjoyment of such lands and 
waters, there is hereby established, subject to valid existing rights, the 
Oregon Dunes National Recreation Area (hereinafter referred to 
as the "recreation area"). 
SEC. 2. The administration, protection, and development of the 
recreation area shall be by the Secretary of Agriculture (hereinafter 
called the "Secretary") in accordance with the laws, rules, and regula-
tions applicable to national forests, in such manner as in his judgment 
will best contribute the attainment of the purposes set forth in section 
1 of this Act. 
SEC. 3. The portion of the recreation area delineated as the "Inland 
Sector" on the map referenced in section 4 of this Act is hereby 
established as an inland buffer sector in order to promote such man-
agement and use of the lands, waters, and other properties within 
such sector as will best protect the values which contribute to the 
purposes set forth in section 1 of this Act. 
SEC. 4. The boundaries of the recreation area, as well as the 
boundaries of the inland sector included therein, shall be as shown 
on a map entitled "Proposed Oregon Dunes National Recreation Area" 
dated May 1971, which is on file and available for public inspection 
in the Office of the Chief, Forest Service, Department of Agriculture, 
and to which is attached and hereby made a part thereof a detailed 
description by metes and bounds of the exterior boundaries of the 
recreation area and of the inland sector. The Secretary may by publi-
cation of a revised map or description in the Federal Register correct 
clerical or typographical errors in paid map or descriptions. 
SEC. 6. Notwithstanding any other provision of law, any Federal 
property located within the boundaries of the recreation area is hereby 
transferred without consideration to the administrative jurisdiction 
of the Secretary for use by him in implementing the purposes of this 
March 23,1972 
[S.1977] 
Oregon Dunes 
National Recre-
ation Area. 
Establishment. 
Administration. 
•Inland Sector." 
Map. 
Revision, 
publication in 
Federal Register. 
Federal property, 
transfer.