United States Code

such tariffs may also state rates, fares, and charges in terms of currencies other than lawful money of the United States, and may, in the case of foreign air transportation, contain such information as may be required under the laws of any country in or to which an air carrier or foreign air carrier is authorized to operate.

(b) Observance of tariffs; granting, soliciting, or accepting rebates

(1) No air carrier or foreign air carrier or any ticket agent shall charge or demand or collect or receive a greater or less or different compensation for air transportation, or for any service in connection therewith, than the rates, fares, and charges specified in then currently effective tariffs of such air carrier or foreign air carrier; and no air carrier or foreign air carrier or ticket agent shall, in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise, refund or remit any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities, with respect to matters required by the Board to be specified in such tariffs except those specified therein. Nothing in this chapter shall prohibit such air carriers or foreign air carriers, under such terms and conditions as the Board may prescribe, from issuing or interchanging tickets or passes for free or reduced-rate transportation to their directors, officers, and employees (including retired directors, officers, and employees who are receiving retirement benefits from any air carrier or foreign air carrier), the parents and immediate families of such officers and employees, and the immediate families of such directors; widows, widowers, and minor children of employees who have died as a direct result of personal injury sustained while in the performance of duty in the service of such air carrier or foreign air carrier; witnesses and attorneys attending any legal investigation in which any such air carrier is interested; persons injured in aircraft accidents and physicians and nurses attending such persons; immediate families, including parents, of persons injured or killed in aircraft accidents where the object is to transport such persons in connection with such accident; and any person or property with the object of providing relief in cases of general epidemic, pestilence, or other calamitous visitation; and, in the case of overseas or foreign air transportation to such other persons and under such other circumstances as the Board may by regulations prescribe. Any air carrier or foreign air carrier, under such terms and conditions as the Board may prescribe, may grant reducedrate transportation on a space-available basis to any minister of religion, any person who is sixty years of age or older and retired, any person who is sixty-five years of age or older, and to any handicapped person and any attendant required by such handicapped person. For the purposes of this subsection, the term "handicapped person" means any person who has severely impaired vision or hearing, and any other physically or mentally handicapped person, as defined by the Board. For purposes of this subsection, the term "retired" means no

longer gainfully employed as defined by the Board.

(2) No shipper, consignor, consignee, forwarder, broker, or other person, or any director, officer, agent, or employee thereof, shall knowingly pay, directly or indirectly, by any device or means, any greater or less or different compensation for air transportation of property, or for any service in connection therewith, than the rates, fares, and charges specified in currently effective tariffs applicable to such air transportation; and no such person shall, in any manner or by any device, directly or indirectly, through any agent or broker, or otherwise, knowingly solicit, accept, or receive a refund or remittance of any portion of the rates, fares or charges so specified, or knowingly solicit, accept, or receive any privilege, favor, or facility, with respect to matters required by the Board to be specified in such tariffs, except those specified therein. (c) Notice of change in tariff

(1) Except as provided in paragraph (2) of this subsection, no change shall be made in any rate, fare, or charge, or any classification, rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, specified in any effective tariff of any air carrier or foreign air carrier until thirty days after notice of the proposed change has been filed, posted, and published in accordance with subsection (a) of this section, except the Board may establish an alternative notice requirement, of not less than twenty-five days, to allow an air carrier or foreign air carrier to match the fares or charges specified in another air carrier's or foreign air carrier's proposed tariff. Any notice specified under this subsection shall plainly state the change proposed to be made and the time such change will take effect.

(2) If the effect of any proposed tariff change would be to institute a fare that is outside of the applicable range of fares specified in subparagraphs (A) and (B) of section 1482(d)(4) of this Appendix or subparagraphs (A), (B), and (C) of section 1482(j)(6) of this Appendix, or specified by the Board under section 1482(d)(7) of this Appendix or section 1482(j)(9) of this Appendix, or would be to institute a fare to which such range of fares does not apply, then such proposed change shall not be implemented except after 60 days' notice filed in accordance with regulations prescribed by the Board.

(3) In exercising its power to suspend tariffs under section 1482(g) and (j) of this Appendix, the Board shall file and deliver a statement in writing of its reasons for such suspension, as required under section 1482(g) of this Appendix, at least thirty days before the date on which the affected tariff would otherwise go into effect.

(d) Filing of divisions of rates and charges

Every air carrier or foreign air carrier shall keep currently on file with the Board, if the Board so requires, the established divisions of all joint rates, fares, and charges for air transportation in which such air carrier or foreign air carrier participates.

(Pub. L. 85-726, title IV, § 403, Aug. 23, 1958, 72 Stat. 758; Pub. L. 86-627, July 12, 1960, 74 Stat. 445; Pub. L. 93-623, §§ 7(a), 8(a), Jan. 3, 1975, 88 Stat. 2105; Pub. L. 95-163, §§ 8(a), 10(a), Nov. 9, 1977, 91 Stat. 1281; Pub. L. 95-504, § 22, Oct. 24, 1978, 92 Stat. 1724; Pub. L. 96-192, § 24(b), (c), Feb. 15, 1980, 94 Stat. 47.)

AMENDMENTS

1980-Subsec. (c)(1). Pub. L. 96-192, § 24(b), added references to foreign air carriers.

Subsec. (c)(2). Pub. L. 96-192, § 24(c), added references to the applicable range of fares specified in subparagraphs (A), (B), and (C) of section 1482(j)(6) of this Appendix or specified by the Board under section 1482(j)(9) of this Appendix.

1978-Subsec. (c). Pub. L. 95-504 generally revised subsection and among other changes, in pars. (1) and (2), provided that no rate change could take place until 30 days after filing of notice, where the range of fares was not applicable, changed the notice requirement to 60 days from 45 days, struck out provision allowing Board to change fare without notice, and added par. (3).

1977-Subsec. (b)(1). Pub. L. 95-163, § 8(a), expanded the enumeration of persons to whom air carriers may grant reduced-rate transportation on a space-available basis to include persons who are sixty years of age or older and retired, persons who are sixty-five years of age or older even though they may not be retired, handicapped persons, and attendants required by handicapped persons.

Subsec. (c). Pub. L. 95-163, § 10(a), designated a portion of existing provisions as par. (1), substituted "air carrier, directly engaged in the operation of aircraft if such rate, fare, or charge is for the carriage of property in air transportation, except after sixty days' notice" for "air carrier, except after thirty days' notice" in par. (1) as so designated, and added par. (2). 1975-Subsec. (b)(1). Pub. L. 93-623 §§ 7(a), 8(a), designated existing provisions as subsec. (b)(1), and, as so designated, added "or any ticket agent" after "No air carrier or foreign air carrier" wherever appearing therein, and substituted "then currently effective tariffs of such air carrier or foreign air carrier" for "its currently effective tariffs".

Subsec. (b)(2). Pub. L. 93-623, § 8(a), added subsec. (b)(2).

1960-Subsec. (b). Pub. L. 86-627 authorized free or reduced-rate transprotation to retired directors, officers, and employees who are receiving retiree benefits from any air carrier or foreign air carrier; the parents and immediate familes of the officers and employees, and the immediate families of the directors; widows, widowers, and minor children of employees who have died as a direct result of personal injury sustained while in the performance of duty in the service of an air carrier or foreign air carrier; and immediate families, including parents, of persons injured or killed in aircraft accidents where the object is to transport such persons in connection with such accident.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 11(a) of Pub. L. 95-163 provided that: "The amendment made by subsection (a) of section 10 of this Act (amending subsec. (c) of this section] shall apply to any tariff change filed by any air carrier or foreign air carrier in accordance with section 403(c) of the Federal Aviation Act of 1958 [subsec. (c) of this section] after the thirtieth day after the date of enactment of this section [Nov. 9, 1977]."

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by section 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.

STUDY ON REDUCED RATE TRANSPORTATION FOR PERSONS TWENTY-ONE YEARS OLD OR YOUNGER; REPORT WITHIN 6 MONTHS AFTER NOVEMBER 9, 1977

Section 8(b) of Pub. L. 95-163, provided that within 6 months after Nov. 9, 1977, the Board study and report to Congress on the feasibility and economic impact of air carriers and foreign air carriers providing reduced-rate transportation on a space available basis to persons twenty-one years of age or younger.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1371, 1551 of this Appendix.

§ 1374. Rates for carriage of persons and property; duty to provide service, rates, and divisions; foreign air transportation rates; discrimination (a)(1) It shall be the duty of every air carrier to provide and furnish interstate and overseas air transportation, as authorized by its certificate, upon reasonable request therefor and to provide reasonable through service in such air transportation in connection with other air carriers authorized to engage in scheduled air transportation by certificate or by exemption under section 1386(b)(3) of this Appendix; to provide safe and adequate service, equipment, and facilities in connection with such transportation; to establish, observe, and enforce just and reasonable individual and joint rates, fares, and charges, and just and reasonable classifications, rules, regulations, and practices relating to such air transportation; and, in case of such joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between air carriers participating therein which shall not unduly prefer or prejudice any of such participating air carriers.

(2) It shall be the duty of every air carrier and foreign air carrier to establish, observe, and enforce just and reasonable individual and joint rates, fares, and charges, and just and reasonable classifications, rules, regulations, and practices relating to foreign air transportation; and, in case of such joint rates, fares, and charges, to establish just, reasonable, and equitable divisons thereof as between air carriers or foreign air carriers participating therein which shall not unduly prefer or prejudice any of such participating air carriers or foreign air carriers.

(b) No air carrier or foreign air carrier shall make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, locality, or description of traffic in air transportation in any respect whatsoever or subject any particular person, port, locality, or description of traffic in air transportation to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

(Pub. L. 85-726, title IV, § 404, Aug. 23, 1958, 72 Stat. 760; Pub. L. 92-259, § 1, Mar. 22, 1972, 86 Stat. 95; Pub. L. 95-504, § 23, Oct. 24, 1978, 92 Stat. 1724.)

AMENDMENTS

1978-Subsec. (a)(1). Pub. L. 95-504 added a provision limiting service in connection with other air carri ers to those authorized by certificate or exemption. 1972-Subsec. (a). Pub. L. 92-259 designated existing provisions as par. (1) and added par. (2).

TRANSFER OF FUNCTIONS

INTERNATIONAL AGREEMENTS

Subsec. (a)(2) of this section not to be deemed to authorize any actions inconsistent with the provisions of section 1502 of this title, see section 4 of Pub. L. 92-259, set out as a note under section 1482 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1551 of this Appendix.

§ 1375. Transportation of mail

(a) Postal rules and regulations

The United States Postal Service is authorized to make such rules and regulations, not inconsistent with the provisions of this chapter, or any order, rule, or regulation made by the Board thereunder, as may be necessary for the safe and expeditious carriage of mail by aircraft.

(b) Mail schedules

Each air carrier shall, from time to time, file with the Board and the United States Postal Service a statement showing the points between which such air carrier is authorized to engage in air transportation, and all schedules, and all changes therein, of aircraft regularly operated by the carrier between such points, setting forth in respect of each such schedule the points served thereby and the time of arrival and departure at each such point. The United States Postal Service may designate any such schedule for the transportation of mail between the points between which the air carrier is authorized by its certificate to transport mail, and may, by order, require the air carrier to establish additional schedules for the transportation of mail between such points. No change shall be made in any schedules designated or ordered to be established by the United States Postal Service except upon ten days' notice thereof filed as herein provided. The United States Postal Service may by order disapprove any such change or alter, amend, or modify any such schedule or change. No order of the United States Postal Service under this subsection shall become effective until ten days after its issuance. Any person who would be aggrieved by any such order of the United States Postal Service under this subsection may, before the expiration of such ten-day period, apply to the Board, under such regulations as it may prescribe, for a review of such order. The Board may review, and, if the public convenience and necessity so require, amend, revise, suspend, or cancel such order; and, pending such review and the determination thereof, may postpone the effective date of such order. The Board shall give preference to proceedings under this subsection over all proceedings pending before it. No air carrier shall transport mail in accordance with any schedule other than a schedule designated or ordered to be established under this subsection for the transportation of mail.

The Board may fix the maximum mail load for any schedule or for any aircraft or any type of aircraft; but, in the event that mail in excess of the maximum load is tendered by the United States Postal Service for transportation by any air carrier in accordance with any schedule designated or ordered to be established by the United States Postal Service under subsection (b) of this section for the transportation of mail, such air carrier shall, to the extent such air carrier is reasonably able as determined by the Board, furnish facilities sufficient to transport, and shall transport, such mail as nearly in accordance with such scheule as the Board shall determine to be possible.

(d) Tender of mail

From and after the issuance of any certificate authorizing the transportation of mail by aircraft, the United States Postal Service shall tender mail to the holder thereof, to the extent required by the United States Postal Service, for transportation between the points named in such certificate for the transportation of mail, and such mail shall be transported by the air carrier holding such certificate in accordance with such rules, regulations, and requirements as may be promulgated by the United States Postal Service under this section.

(e) Foreign postal arrangement

(1) Nothing in this chapter shall be deemed to abrogate or affect any arrangement made by the United States with the postal administration of any foreign country with respect to transportation of mail by aircraft, or to impair the authority of the United States Postal Service to enter into any such arrangement with the postal administration of any foreign country.

(2) The United States Postal Service may, in any case where service may be necessary by a person not a citizen of the United States who may not be obligated to transport the mail for a foreign country, make arrangements, without advertising, with such person for transporting mail by aircraft to or within any foreign country.

(f) Transportation of foreign mail

(1) Any air carrier holding a certificate to engage in foreign air transportation and transporting mails of foreign countries shall transport such mails subject to control and regulations by the United States. The United States Postal Service shall from time to time fix the rates of compensation that shall be charged the respective foreign countries for the transportation of their mails by such air carriers, and such rates shall be put into effect by the United States Postal Service in accordance with the provisions of the postal convention regulating the postal relations between the United States and the respective foreign countries, or as provided hereinafter in this subsection. In any case where the United States Postal Service deems such action to be in the public interest, it may approve rates provided in arrangements between any such air carrier and any foreign country covering the transportation of

mails of such country, under which mails of such country have been carried on scheduled operations prior to January 1, 1938, or in extensions or modifications of such arrangements, and may permit any such air carrier to enter into arrangements with any foreign country for the transportation of its mails at rates fixed by the United States Postal Service in advance of the making of any such arrangement. The United States Postal Service may authorize any such air carrier, under such limitations as the United States Postal Service may prescribe, to change the rates to be charged any foreign country for the transportation of its mails by such air carrier within that country or between that country and another foreign country.

(2) In any case where such air carrier has an arrangement with any foreign country for transporting its mails, made or approved in accordance with the provisions of paragraph (1) of this subsection, it shall collect its compensation from the foreign country under its arrangement, and in case of the absence of any arrangement between the air carrier and the foreign country consistent with this subsection, the collections made from the foreign country by the United States shall be for the account of such air carrier: Provided, That no such air carrier shall be entitled to receive compensation both from such foreign country and from the United States in respect of the transportation of the same mail or the same mails of foreign countries.

(g) Evidence of performance of mail service

Air carriers transporting or handling United States mail shall submit, under signature of a duly authorized official, when and in such form as may be required by the United States Postal Service, evidence of the performance of mail service; and air carriers transporting or handling mails of foreign countries shall submit, under signature of a duly authorized official, when and in such form as may be required by the United States Postal Service, evidence of the amount of such mails transported or handled, and the compensation payable and received therefor.

(h) Emergency mail service

In the event of emergency caused by flood, fire, or other calamitous visitation, the United States Postal Service is authorized to contract, without advertising, for the transportation by aircraft of any or all classes of mail to or from localities affected by such calamity, where available facilities of persons authorized to transport mail to or from such localities are inadequate to meet the requirements of the United States Postal Service during such emergency. Such contracts may be only for such periods as may be necessitated, for the maintenance of mail service, by the inadequacy of such other facilities. No operation pursuant to any such contract, for such period, shall be air transportation within the purview of this chapter. Payment of compensation for service performed under such contracts shall be made, at rates provided in such contracts, from appropriations for the transportation of mail by the means normally used for transporting the mail transported under such contracts.

(i) Experimental airmail service

Nothing contained in this chapter shall be construed to repeal in whole or in part the provisions of section 5402 of title 39. The transportation of mail under contracts entered into under such section shall not, except for sections 1371(k) and 1386(b) of this Appendix, be deemed to be "air transportation" as used in this chapter, and the rates of compensation for such transportation of mail shall not be fixed under this chapter.

(j) Free travel for postal employees

Every air carrier carrying the mails shall carry on any plane that it operates and without charge therefor, the persons in charge of the mails when on duty, and such duly accredited agents and officers of the United States Postal Service, and post office inspectors, while traveling on official business relating to the transportation of mail by aircraft, as the Board may by regulation prescribe, upon the exhibition of their credentials.

(Pub. L. 85-726, title IV, § 405, Aug. 23, 1958, 72 Stat. 760; Pub. L. 91-375, §§ 4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783.)

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (e)(1), (h), and (i), was in the original "this Act", meaning Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal Aviation Act of 1958. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this Appendix and Tables.

CODIFICATION

In subsec. (i), “section 5402 of title 39" was substituted for "section 6303 of title 39" on authority of Pub. L. 91-375, § 6(q), Aug. 12, 1970, 84 Stat. 783, section 2 of which enacted Title 39, Postal Service. "Section 6303 of title 39" had previously been substituted for "section 470 of title 39" on authority of section 5 of Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 705, section 1 of which enacted former Title 39, The Postal Service.

TRANSFER OF FUNCTIONS

"United States Postal Service" was substituted for "Postmaster General" in subsecs. (a) to (h), except the second time appearing in subsecs. (d) and (h) where it was substituted for "Postal Service", and subsec. (j), where it was substituted for "Post Office Department", and in subsec. (f), "United States Postal Serv. ice deems such action to be in the public interest, it may approve" was substituted for "Postmaster Gener. al deems such action to be in the public interest, he may approve" pursuant to Pub. L. 91-375, §§ 4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783, which are set out as notes preceding section 101 of Title 39, Postal Service, and under section 201 of Title 39, respectively, which abolished the office of Postmaster General of the Post Office Department and transferred its functions to the United States Postal Service, and provided that references in other laws to the Post Office Department or the Postal Service shall be considered a reference to the United States Postal Service.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1376, 1551 of this Appendix.

§ 1376. Rates for transportation of mail

(a) Authorization to fix rates

The Board is empowered and directed, upon its own initiative or upon petition of the United States Postal Service or an air carrier, (1) to fix and determine from time to time, after notice and hearing, the fair and reasonable rates of compensation for the transportation of mail by aircraft, the facilities used and useful therefor, and the services connected therewith (including the transportation of mail by an air carrier by other means than aircraft whenever such transportation is incidental to the transportation of mail by aircraft or is made necessary by conditions of emergency arising from aircraft operation), by each holder of a certificate authorizing the transportation of mail by aircraft, and to make such rates effective from such date as it shall determine to be proper; (2) to prescribe the method or methods, by aircraft-mile, pound-mile, weight, space, or any combination thereof, or otherwise, for ascertaining such rates of compensation for each air carrier or class of air carriers; and (3) to publish the same. Nothing in this section shall prohibit the Board from making payments as compensation for the transportation of mail by aircraft, the facilities used and useful therefor, and the services connected therewith, for the period August 1, 1973, through July 31, 1975, where such payments have already been provided by Board order, to the holder of a certificate authorizing the transportation of mail by aircraft, to the account or for the benefit of any air carrier designated an "air taxi operator" by the Board, which provided air transportation between points named in the holder's certificate in satisfaction of an express condition to the suspension by Board order of the holder's certificate authority to engage in air transportation between those points. In no event shall such payments differ from the amount previously provided by such Board order.

(b) Ratemaking elements

In fixing and determining fair and reasonable rates of compensation under this section, the Board, considering the conditions peculiar to transportation by aircraft and to the particular air carrier or class of air carriers, may fix different rates for different air carriers or classes of air carriers, and different classes of service. In determining the rate in each case, the Board shall take into consideration, among other factors, (1) the condition that such air carriers may hold and operate under certificates authorizing the carriage of mail only by providing necessary and adequate facilities and service for the transportation of mail; (2) such standards respecting the character and quality of service to be rendered by air carriers as may be prescribed by or pursuant to law; and (3) the need of each such air carrier (other than a charter air carrier) for compensation for the transportation of mail sufficient to insure the performance of such service, and

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(A) during the period beginning on October 24, 1978 and ending on January 1, 1983, both dates inclusive, together with all other revenue of the air carrier from the service for which the compensation is being paid; and

(B) after January 1, 1983, together with all other revenue of the air carrier;

to enable such air carrier under honest, economical, and efficient management, to provide (except for modifications with respect to an individual point determined after January 1, 1983, to be required by the public interest, after giving interested parties an opportunity for an evidentiary hearing with respect to air transportation for such individual point) air transportation of at least the same extent, character, and quality as that provided during the year ending December 31, 1977, to maintain and continue the development of air transportation to the extent and of the character and quality required for the commerce of the United States, the United States Postal Service, and the national defense. Notwithstanding any other provision of this section, rates of compensation paid to any carrier under this section for service performed between October 24, 1978 and January 1, 1983, shall be based on the subsidy need of such carrier with respect to service performed to points for which such carrier was entitled to receive compensation for serving during calendar year 1977. In the case of any local service carrier, such subsidy need shall be based on the adjusted eligible need of such carrier determined in a matter consistent with the provisions of Local Service Class Subsidy Rate VIII, with technical adjustments, and in the case of any other carrier receiving compensation during the twelve months ended June 30, 1978, such subsidy need shall be determined pursuant to the method in effect during the twelve months ended June 30, 1978. Any air carrier receiving compensation from the Board pursuant to this section which, before January 1, 1986, terminates service to a point for which such compensation is paid shall not, if such service is resumed by such air carrier, be eligible for compensation from the Board under this section for such service. Nothing in this subsection shall be construed as prohibiting any air carrier specified in the preceding sentence from applying for and receiving compensation for such service under section 1389 of this Appendix. In applying clause (3) of this subsection, the Board shall take into consideration any standards and criteria prescribed by the Secretary of Transportation, for determining the character and quality of transportation required for the commerce of the United States and the national defense. In determining compensation for any local service air carrier for the years 1964, 1965, and 1966 in accordance with the provisions of this subsection, the Board shall apply Local Service Class Subsidy Rates III and III-A as set forth in Board orders E-21311 and E-23850 (41 CAB 138 et seq. and 44 CAB 637 et seq.), except that the Board shall not apply that part of such order which requires the Board to take into account any decrease in the Federal income tax liability of such carrier for such year resulting from any

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United States Code, Volume 18