§41708 — Title 49 Transportation | U.S. Code

§41708 Reports

Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart ii— - economic regulation › Chapter CHAPTER 417— - OPERATIONS OF CARRIERS › Subchapter SUBCHAPTER I— - REQUIREMENTS › § 41708

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Transportation can make these rules apply to people who control an airline or are officially linked to one when needed to carry out this part. The Secretary can also require any U.S. or foreign airline to send annual, monthly, periodic, or special reports in the form the Secretary sets, to swear that the reports are true, to answer specific questions the Department asks, and to give copies of any agreements or contracts the airline has with other carriers or people about the transportation covered by this part. Airlines that already must file monthly service-quality reports under 14 CFR part 234 must also send a monthly report for every flight that is diverted or that left the gate but was cancelled before wheels-off. For diverted flights the report must give the flight number, scheduled destination, date and time, airport diverted to, wheels-on time at the diverted airport, any time passengers got off there, and, if the plane later reached the scheduled airport, the gate-departure and wheels-off times at the diverted airport and the wheels-on and gate-arrival times at the scheduled airport. For flights cancelled after leaving the gate the report must list the flight number, scheduled origin and destination, date and time, gate-departure time, and the time the plane returned to the gate. The Department must combine these monthly filings into one report and post it on the DOT website.

Title 49, §41708

Transportation — Source: USLM XML via OLRC

(a)To the extent the Secretary of Transportation finds necessary to carry out this subpart, this section and section 41709 of this title apply to a person controlling an air carrier or affiliated (within the meaning of section 11343(c) of this title) with a carrier.

(b)The Secretary may require an air carrier or foreign air carrier—

(1)(A)to file annual, monthly, periodical, and special reports with the Secretary in the form and way prescribed by the Secretary; and

(B)to file the reports under oath;

(2)to provide specific answers to questions on which the Secretary considers information to be necessary; and

(3)to file with the Secretary a copy of each agreement, arrangement, contract, or understanding between the carrier and another carrier or person related to transportation affected by this subpart.

(c)(1)The Secretary shall require an air carrier referred to in paragraph (2) to file with the Secretary a monthly report on each flight of the air carrier that is diverted from its scheduled destination to another airport and each flight of the air carrier that departs the gate at the airport at which the flight originates but is cancelled before wheels-off time.

(2)An air carrier that is required to file a monthly airline service quality performance report pursuant to part 234 of title 14, Code of Federal Regulations, shall be subject to the requirement of paragraph (1).

(3)A monthly report filed by an air carrier under paragraph (1) shall include, at a minimum, the following information:

(A)For a diverted flight—

(i)the flight number of the diverted flight;

(ii)the scheduled destination of the flight;

(iii)the date and time of the flight;

(iv)the airport to which the flight was diverted;

(v)wheels-on time at the diverted airport;

(vi)the time, if any, passengers deplaned the aircraft at the diverted airport; and

(vii)if the flight arrives at the scheduled destination airport—

(I)the gate-departure time at the diverted airport;

(II)the wheels-off time at the diverted airport;

(III)the wheels-on time at the scheduled arrival airport; and

(IV)the gate-arrival time at the scheduled arrival airport.

(B)For flights cancelled after gate departure—

(i)the flight number of the cancelled flight;

(ii)the scheduled origin and destination airports of the cancelled flight;

(iii)the date and time of the cancelled flight;

(iv)the gate-departure time of the cancelled flight; and

(v)the time the aircraft returned to the gate.

(4)The Secretary shall compile the information provided in the monthly reports filed pursuant to paragraph (1) in a single monthly report and publish such report on the Internet Web site of the Department of Transportation.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41708(a)49 App.:1377(e) (last sentence).Aug. 23, 1958, Pub. L. 85–726, § 407(e) (last sentence), 72 Stat. 766. 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. 41708(b)49 App.:1377(a).Aug. 23, 1958, Pub. L. 85–726, § 407(a), 72 Stat. 766; Feb. 15, 1980, Pub. L. 96–192, § 10, 94 Stat. 38. 49 App.:1551(b)(1)(E). In subsection (a), the word “reasonably” is omitted as surplus. The words “carry out” are substituted for “administration” for consistency in the revised title. The words “section 11343(c) of this title” are substituted for “section 5(8) of the Interstate Commerce Act, as amended” in section 407(e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 766), to cite the corresponding section of the revised title and correct the inaccurate reference to the definition of “affiliate”. In subsection (b)(3), the word “copy” is substituted for “true copy” to eliminate an unnecessary word. The word “transportation” is substituted for “traffic” for consistency in the revised title.

Editorial Notes

Amendments

2012—Subsec. (c). Pub. L. 112–95 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 Amendment Pub. L. 112–95, title IV, § 402(b), Feb. 14, 2012, 126 Stat. 84, provided that: “Beginning not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Secretary of Transportation shall require monthly reports pursuant to the amendment made by subsection (a) [amending this section].”