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

Summary

The Secretary of Transportation can require people who control an airline or are affiliated with one (as defined in section 11343(c)) to follow these reporting rules and section 41709 when needed. The Secretary can make U.S. and foreign airlines file annual, monthly, periodic, and special reports in the form the Department sets, and can require the reports to be sworn. The Secretary can also demand specific answers to questions and copies of any agreements or contracts related to the transportation covered by these rules. Airlines that already must file monthly service-quality reports under part 234 of title 14 must also send a monthly report for every flight diverted to another airport and for every flight that left the gate but was canceled before takeoff. These reports must include basic identifiers (flight number, scheduled origin/destination, date and time), where a flight diverted, whether passengers deplaned, and the key gate and wheels-off/wheels-on times. The Department will combine all carriers’ monthly reports into a single monthly report and post it on the Department of Transportation 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].”

§41708 Reports