§ 41309. Cooperative agreements and requests

Statutory text

Filing.—

An air carrier or foreign air carrier may file with the Secretary of Transportation a true copy of or, if oral, a true and complete memorandum of, an agreement (except an agreement related to interstate air transportation), or a request for authority to discuss cooperative arrangements (except arrangements related to interstate air transportation), and any modification or cancellation of an agreement, between the air carrier or foreign air carrier and another air carrier, a foreign carrier, or another carrier.

Approval.—

The Secretary of Transportation shall approve an agreement, request, modification, or cancellation referred to in subsection (a) of this section when the Secretary finds it is not adverse to the public interest and is not in violation of this part. However, the Secretary shall disapprove—

or, after periodic review, end approval of, an agreement, request, modification, or cancellation, that substantially reduces or eliminates competition unless the Secretary finds that—

the agreement, request, modification, or cancellation is necessary to meet a serious transportation need or to achieve important public benefits (including international comity and foreign policy considerations); and

the transportation need cannot be met or those benefits cannot be achieved by reasonably available alternatives that are materially less anticompetitive; or

an agreement that—

is between an air carrier not directly operating aircraft in foreign air transportation and a carrier subject to subtitle IV of this title; and

governs the compensation the carrier may receive for the transportation.

Notice and Opportunity To Respond or for Hearing.—

When an agreement, request, modification, or cancellation is filed, the Secretary of Transportation shall give the Attorney General and the Secretary of State written notice of, and an opportunity to submit written comments about, the filing. On the initiative of the Secretary of Transportation or on request of the Attorney General or Secretary of State, the Secretary of Transportation may conduct a hearing to decide whether an agreement, request, modification, or cancellation is consistent with this part whether or not it was approved previously.

In a proceeding before the Secretary of Transportation applying standards under subsection (b)(1) of this section, a party opposing an agreement, request, modification, or cancellation has the burden of proving that it substantially reduces or eliminates competition and that less anticompetitive alternatives are available. The party defending the agreement, request, modification, or cancellation has the burden of proving the transportation need or public benefits.

The Secretary of Transportation shall include the findings required by subsection (b)(1) of this section in an order of the Secretary approving or disapproving an agreement, request, modification, or cancellation.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 41309
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1129
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1129
Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
1995
ICC Termination Act of 1995
Pub. L. 104–88 title III § 308 · 109 Stat. 803
Substituted · 49 U.S.C. § 41309(b)(2)(A)
Pub. L. 104–88 substituted “a carrier” for “a common carrier”
Source evidence
Code amendment note
Subsec. (b)(2)(A). Pub. L. 104–88 substituted “a carrier” for “a common carrier”.
Enacted provision · exact public law section
SEC. 308. TITLE 49 AMENDMENTS. (a) Section 302.— Section 302(a) of title 49, United States Code, is amended by striking “10101a” and inserting in lieu thereof “13101”. (b) Section 333.— Section 333 of such title is amended— (1) in subsection (c)(2) by striking “11910(a)(1)” and inserting in lieu thereof “11904”; and (2) in subsection (e)— (A) by striking “11343(a)” and inserting in lieu thereof “11323(a)”; and (B) by striking “11344(b)” and inserting in lieu thereof “11324(b)”. (c) Chapter 5.— Subchapter I of chapter 5 of such title is amended— (1) by striking “DUTIES” the first place it appears in the subchapter heading; and (2) in section 501(a)(1) by striking “section 10102” and inserting in lieu thereof “sections 10102 and 13102”. (d) Section 5102.— Section 5102(7) of such title is amended— (1) by striking “common”; (2) by striking “motor contract carrier,”; and (3) by striking “10102” and inserting in lieu thereof “13102”. (e) Section 5333.— Section 5333(b)(3) of such title is amended by striking “11347” and inserting in lieu thereof “11326”. (f) Chapter 221.— Chapter 221 of such title is amended— (1) in section 22101(a) by striking “subchapter I of chapter 105” and inserting in lieu thereof “part A of subtitle IV”; (2) in section 22101(a)(1) by striking “Interstate Commerce Commission” and inserting in lieu thereof “Surface Transportation Board”; (3) in section 22103(b)(1) by striking “Interstate Commerce Commission” and inserting in lieu thereof “Surface Transportation Board”; (4) in section 22107(c)— (A) by striking “Interstate Commerce Commission” and inserting in lieu thereof “Surface Transportation Board”; and (B) by striking “Commission” the second place it appears and inserting in lieu thereof “Board”; and (5) in section 22107(d) by striking “subchapter I of chapter 105” and inserting in lieu thereof “part A of subtitle IV”. (g) Section 24301.— Section 24301 of such title is amended— (1) in subsection (c)— (A) by striking “Subtitle IV” in paragraph (1) and inserting in lieu thereof “Part A of subtitle IV”; (B) by striking “sections 10721–10724 of this title apply” in paragraph (2)(A) and inserting in lieu thereof “section 10721 of this title applies”; and (C) by striking “Interstate Commerce Commission under any provision of subtitle IV of this title applicable to a carrier subject to subchapter I of chapter 105” in paragraph (2)(B) and inserting in lieu thereof “Surface Transportation Board under part A of subtitle IV”; and (2) in subsection (d) by striking “common carrier subject to subchapter I of chapter 105” and inserting in lieu thereof “rail carrier subject to part A of subtitle IV”. (h) Section 24501.— Section 24501(b) of such title is amended by striking “subchapter I of chapter 105” and inserting in lieu thereof “part A of subtitle IV”. (i) Section 24705.— Section 24705 of such title is amended by striking subsection (d). (j) Sections 30103 and 30166.— Sections 30103(a) and 30106(d) of such title are each amended by striking “subchapter II of chapter 49 USC 30166. 105” each place it appears and inserting in lieu thereof “subchapter I of chapter 135”. (k) Chapter 315.— Chapter 315 of such title is amended— (1) in section 31501(2) by striking “10102” and inserting in lieu thereof “13102”; (2) in section 31501(3)(A) by striking “10521(a)” and inserting in lieu thereof “13501”; (3) in section 31502(a)(1) by striking “10521 and 10522” by inserting in lieu thereof “13501 and 13502”; and (4) in section 31503(a) by striking “subchapter II of chapter 105” and inserting in lieu thereof “subchapter I of chapter 135”. (l) Sections 41309 and 41502.— Sections 41309(b)(2)(A) and 41502 of such title are each amended by striking “common” each place it appears. (m) Section 60115.— Section 60115(b)(4)(A) of such title is amended by striking “(referred to in section 10344(f) of this title)”.
Effective date note
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.
1996
Pub. L. 104–287 § 5(71) · 110 Stat. 3388
Substituted · 49 U.S.C. § 41309(b)(2)(B)
Pub. L. 104–287 substituted “carrier” for “common carrier”
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 104–287 substituted “carrier” for “common carrier”.
Enacted provision · exact public law section
(71) In section 41309(b)(2)(B), strike “common”.

3 of 3 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
Pub. L. 103–272
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
41309(a)	49 App.:1382(a)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 412(a), (b); added Oct. 24, 1978, Pub. L. 95–504, § 28(c), 92 Stat. 1729; Feb. 15, 1980, Pub. L. 96–192, § 11, 94 Stat. 39.
	49 App.:1551(a)(6) (related to 49 App.:1382).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(6) (related to § 412); added Oct. 4, 1984, Pub. L. 98–443, § 3(c), 98 Stat. 1704.
	49 App.:1551(b)(1)(C) (related to 49 App.:1382(a)).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(C) (related to § 412(a), (b)); added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, § 4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, § 3(a), 98 Stat. 1703.
41309(b)	49 App.:1382(a)(2)(A).
	49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)).
41309(c)(1)	49 App.:1382(b).
	49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(b)).
41309(c)(2)	49 App.:1382(a)(2)(B).
41309(c)(3)	49 App.:1382(a)(2)(C).
	49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)).

In this section, the word “contract” is omitted as being included in “agreement”.

In subsection (a), the words “(whether enforceable by provisions for liquidated damages, penalties, bonds, or otherwise)” are omitted as surplus. The words “(except an agreement related to interstate air transportation)” and “(except arrangements related to interstate air transportation)” are added because of 49 App.:1551(a)(6) (related to 49 App.:1382). The word “working” is omitted as surplus. The words “in force on October 24, 1978, or thereafter entered into” are omitted as executed. The words “and any modification or cancellation of an agreement” are substituted for “or any modification or cancellation thereof” for clarity and consistency.

In subsection (b), before clause (1), the words “The Board shall by order disapprove any contract, agreement, or request . . . that it finds to be adverse to the public interest or in violation of this chapter” are omitted as surplus because of the language restated in this subsection that sets out the requirements for approval by the Secretary of Transportation before the antitrust exemption is effective. The words “whether or not previously approved by it” are omitted as surplus because of the language in clause (1) requiring periodic review and continuing approval. The words “by order” are omitted as unnecessary because of 5:ch. 5, subch. II. The text of 49 App.:1382(a)(2)(A)(iii) is omitted as obsolete because of 49 App.:1551(a)(6) (related to 49 App.:1382).

In subsection (c)(1), the words “in accordance with regulations which it prescribes” are omitted as surplus. The words “in accordance with regulations prescribed by the Board” are omitted as surplus.

Pub. L. 104–287

This amends 49:41309(b)(2)(B) for consistency in the subsection.

Editorial Notes

Amendments1995–1996 · 2 rounds

1996

Subsec. (b)(2)(B). Pub. L. 104–287 substituted “carrier” for “common carrier”.

1995

Subsec. (b)(2)(A). Pub. L. 104–88 substituted “a carrier” for “a common carrier”.

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.

Air Transportation Arrangements in Certain States

Pub. L. 107–71, title I, § 116, Nov. 19, 2001, 115 Stat. 624, which related to air transportation arrangements for flights that both originate and terminate at points within the same State, was repealed by Pub. L. 107–273, div. C, title IV, § 14102(g), Nov. 2, 2002, 116 Stat. 1922.

Credits

1994–1996 · 3 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1129
1995Pub. L. 104–88, title III, § 308(l), Dec. 29, 1995, 109 Stat. 948
1996Pub. L. 104–287, § 5(71), Oct. 11, 1996, 110 Stat. 3396.

Show as published

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1129; Pub. L. 104–88, title III, § 308(l), Dec. 29, 1995, 109 Stat. 948; Pub. L. 104–287, § 5(71), Oct. 11, 1996, 110 Stat. 3396.)