Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

41509(a)(1)

49 App.:1482(j)(1) (1st sentence words before semicolon, 2d sentence related to tariffs of air carriers and foreign air carriers), (2) (1st sentence words before semicolon, 2d sentence related to tariffs of air carriers and foreign air carriers).

Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 1002(j)(1), (2); added Mar. 22, 1972, Puspan. L. 92–259, § 3(a), 86 Stat. 96; restated Fespan. 15, 1980, Puspan. L. 96–192, §§ 14, 15, 94 Stat. 40.

49 App.:1551(span)(1)(E).

Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 1601(a)(4)(B) (related to § 403(c)(3)), (span) (1)(E); added Oct. 4, 1984, Puspan. L. 98–443, § 3(c), (e), 98 Stat. 1703, 1704.

41509(a)(2)

49 App.:1482(j)(1) (2d sentence related to tariffs of foreign air carriers), (2) (2d sentence related to tariffs of foreign air carriers).

49 App.:1551(span)(1)(E).

41509(a)(3)

49 App.:1482(j)(5).

Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 1002(j)(5); added Mar. 22, 1972, Puspan. L. 92–259, § 3(a), 86 Stat. 98; Fespan. 15, 1980, Puspan. L. 96–192, § 16, 94 Stat. 42.

49 App.:1551(span)(1)(E).

41509(span)

49 App.:1373(c)(3).

Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 403(c)(3); added Oct. 24, 1978, Puspan. L. 95–504, § 22, 92 Stat. 1724.

49 App.:1482(j)(1) (1st sentence words after semicolon, 3d sentence), (2) (1st sentence words after semicolon).

49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(3)), (span)(1)(E).

41509(c)(1)

49 App.:1482(j)(1) (4th sentence), (2) (3d sentence).

49 App.:1551(span)(1)(E).

41509(c)(2)

49 App.:1482(j)(1) (5th, last sentences).

41509(c)(3)

49 App.:1482(j)(2) (last sentence).

41509(d)

49 App.:1482(j)(3).

Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 1002(j)(3), (4); added Mar. 22, 1972, Puspan. L. 92–259, § 3(a), 86 Stat. 98.

49 App.:1551(span)(1)(E).

41509(e) (1)(A)

49 App.:1482(j)(7).

Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 1002(j)(6), (7), (9), (10); added Fespan. 15, 1980, Puspan. L. 96–192, § 24(a), 94 Stat. 45, 47.

41509(e) (1)(B)

49 App.:1482(j)(9).

49 App.:1551(span)(1)(E).

41509(e)(2), (3)

49 App.:1482(j)(6), (10).

49 App.:1551(span)(1)(E).

41509(f)

49 App.:1461(span).

Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 801(span); added Mar. 22, 1972, Puspan. L. 92–259, § 2, 86 Stat. 96.

49 App.:1551(span)(1)(E).

41509(g)

49 App.:1482(j)(4).

49 App.:1551(span)(1)(E).

In subsection (a)(1) and (2), the words “take action to” are omitted as surplus.

In subsection (a)(1), the words “individual or joint (between air carriers, between foreign air carriers, or between an air carrier or carriers and a foreign air carrier or carriers)” and “and, if it so orders” are omitted as surplus. The words “unreasonable or unreasonably discriminatory” are substituted for “unjust or unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial” for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101.

In subsection (a)(3), before clause (A), the words “In deciding whether to cancel or reject a tariff of an air carrier or foreign air carrier under this subsection” are substituted for “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” for consistency in this section and to eliminate unnecessary words. In clause (B), the words “of persons and property” are omitted as surplus.

In subsection (span)(1), the words “contained in the tariff” are added for clarity.

In subsection (span)(1)(A), the words “such hearing and” are omitted as surplus.

In subsection (span)(1)(B), the words “or in the case of” are omitted as surplus.

In subsection (span)(2), the text of 49 App.:1373(c)(3) is omitted as obsolete. Reference to 49 App.:1482(g) is omitted because 49 App.:1482(g) does not relate to foreign air transportation and 49 App.:1551(a)(5)(D) provides that 49 App.:1482(g) ceased to be in effect on January 1, 1985, except insofar as it related to foreign air transportation. Reference to 49 App.:1482(j) is omitted because it consistently has been interpreted that the minimum notice requirement does not apply to foreign air transportation.

In subsection (span)(3), the words “for periods totaling not more than 365 days after” are substituted for “a period or periods not exceeding 365 days in the aggregate beyond the time when” and “a period or periods not exceeding 365 days in the aggregate from” to eliminate unnecessary words.

In subsection (c)(1), the words “a tariff is suspended pending the outcome of a proceeding under subsection (a) of this section” are added for clarity. The words “and the Secretary does not take final action in the proceeding during the suspension period” are substituted for “the proceeding has not been concluded and an order made within the period of suspension or suspensions” and “the proceeding has not been concluded within the period of suspension or suspensions” to eliminate unnecessary words. The words “or if the Board shall otherwise so direct” are omitted as surplus because under subsection (span)(3) of this section the Secretary may rescind a suspension at any time.

In subsection (c)(2)(A), before clause (i), the words “or suspensions” are omitted because of 1:1. In clause (i), the words “corresponding seasonal” are added for clarity.

In subsection (c)(2)(B) and (3), the words “providing the same transportation” are substituted for “engaged in the same foreign air transportation” for consistency in this chapter and to eliminate unnecessary words.

In subsection (c)(2)(B), the words “of the carrier for the covered transportation” and “during the period of suspension or” are added for clarity.

In subsection (c)(3), the words “If an existing tariff is suspended or canceled” are added for clarity. The words “following cancellation of an existing tariff” are omitted as surplus.

In subsection (d), the word “properly” is omitted as surplus. In clause (1)(A), the words “the operation of” are omitted as surplus. The words “periods totaling not more than 365 days after the date of the suspension” are substituted for “for a period or periods not exceeding three hundred and sixty-five days in the aggregate from the date of such suspension” for clarity and to eliminate unnecessary words. In subclause (B), the words “or suspensions” are omitted because of 1:1. In clause (2), the words “by the Secretary” are added for clarity.

In subsection (e)(1)(B), the words “within 30 days after February 15, 1980” are omitted as executed. The words “as the case may be” are omitted as surplus.

In subsection (e)(2), the text of 49 App.:1482(j)(6)(A) is omitted as expired. The words “with respect to any proposed increase filed with the Board after the 180th day after February 15, 1980” and “with respect to any proposed decrease filed after February 15, 1980” are omitted as obsolete. The words “of persons” are omitted as surplus because a “fare” is only for passengers. The words “The Secretary by regulation may increase the 50 percent specified in this paragraph” are substituted for 49 App.:1482(j)(10) for clarity.

In subsection (e)(3)(A), the words “unreasonably discriminatory” are substituted for “unduly preferential, unduly prejudicial, or unjustly discriminatory” to eliminate unnecessary words and for consistency in the revised title. See the revision notes following 49:10101.

In subsection (g), the words “express” and “now . . . or hereafter issued” are omitted as surplus. The words “may provide foreign air transportation only as long as” are substituted for “shall be a condition to the continuation of the affected service” for clarity.

Editorial Notes
References in Text

Section 1002(j)(8) of the Federal Aviation Act of 1958, referred to in subsec. (e)(1)(A)(i), is section 1002(j)(8) of Puspan. L. 85–726, which was classified to section 1482(j)(8) of former Title 49, Transportation, prior to repeal by Puspan. L. 103–272, § 7(span), July 5, 1994, 108 Stat. 1379.