Title 49, TransportationRelease 119-110

§41508 Authority of the Secretary of Transportation to Adjust Divisions of Joint Prices for Foreign Air Transportation

Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart ii — economic regulation › CHAPTER 415 — PRICING › § 41508

Last updated Sep 22, 2026|Official source

Summary

If the Secretary of Transportation finds that the way airlines split a joint price for foreign air travel is or will be unfair to any carrier, the Secretary must set a fair split. The Secretary can make the change retroactive to the date the complaint was filed, the date an investigation was ordered, or a later date the Secretary chooses. The Secretary may act on their own or after a complaint, but only after giving notice and a chance for a hearing.

Full Legal Text

Title 49, §41508

Transportation, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41508(a)49 App.:1482(h) (words after 3d comma).Aug. 23, 1958, Pub. L. 85–726, § 1002(h), 72 Stat. 790; Nov. 9, 1977, Pub. L. 95–163, § 18(c), 91 Stat. 1287. 49 App.:1551(a)(5)(D) (related to 49 App.:1482(h)), (b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(5)(D) (related to § 1002(h)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 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). 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.

Reference

Citations & Metadata

Citation

49 U.S.C. § 41508

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110