USCODE-2009-title49-subtitleVII-partA-subpartii-chap417-subchapI-sec41708

Page 809

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1141.)
HISTORICAL AND REVISION NOTES
Revised
Section
41707 ..........

Source (U.S. Code)
49 App.:1381(b).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 411(b); added
Oct. 4, 1984, Pub. L. 98–443,
§ 7(a), 98 Stat. 1706.

§ 41708. Reports
(a) APPLICATION.—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) REQUIREMENTS.—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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1141.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (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.
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.
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).

41708(b) ......

§ 41710

TITLE 49—TRANSPORTATION

49 App.:1377(a).

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.

tional records if the additional records do not
impair the integrity of the records prescribed or
approved by the Secretary and are not an unreasonable financial burden on the carrier.
(b) INSPECTION.—(1) The Secretary at any time
may—
(A) inspect the land, buildings, and equipment of an air carrier or foreign air carrier
when necessary to decide under subchapter II
of this chapter or section 41102, 41103, or 41302
of this title whether a carrier is fit, willing,
and able; and
(B) inspect records kept or required to be
kept by an air carrier, foreign air carrier, or
ticket agent.
(2) The Secretary may employ special agents
or auditors to carry out this subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1142.)
HISTORICAL AND REVISION NOTES
Revised
Section
41709(a) ......

49 App.:1377(d).
49 App.:1551(b)(1)(E).

41709(b) ......

49 App.:1377(e)
(1st–3d sentences).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 407(d), 72 Stat. 766.
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.
Aug. 23, 1958, Pub. L. 85–726,
§ 407(e) (1st–3d sentences),
72 Stat. 766; Jan. 3, 1975,
Pub. L. 93–623, § 7(b), 88
Stat. 2105; restated Oct. 4,
1984, Pub. L. 98–443, § 9(t),
98 Stat. 1708.

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

In subsection (a), the word ‘‘unreasonable’’ is substituted for ‘‘undue’’ for consistency in the revised title
and with other titles of the United States Code.
In subsection (b)(1)(A) and (B), the word ‘‘inspect’’ is
substituted for ‘‘have access to’’ for consistency in the
revised title and with other titles of the Code.
In subsection (b)(2), the words ‘‘to carry out this subsection’’ are substituted for ‘‘who shall have authority
under the orders of the Board to inspect and examine
lands, buildings, equipment, accounts, records, and
memorandums to which the Board has access under
this subsection’’ to eliminate unnecessary words.

§ 41710. Time requirements
When a matter requiring action of the Secretary of Transportation is submitted under section 40109(a) or (c)–(h), 41309, or 42111 of this title
and an evidentiary hearing—
(1) is ordered, the Secretary shall make a
final decision on the matter not later than the
last day of the 12th month that begins after
the date the matter is submitted; or
(2) is not ordered, the Secretary shall make
a final decision on the matter not later than
the last day of the 6th month that begins after
the date the matter is submitted.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1142.)
HISTORICAL AND REVISION NOTES

§ 41709. Records of air carriers
(a) REQUIREMENTS.—The Secretary of Transportation shall prescribe the form of records to
be kept by an air carrier, including records on
the movement of traffic, receipts and expenditures of money, and the time period during
which the records shall be kept. A carrier may
keep only records prescribed or approved by the
Secretary. However, a carrier may keep addi-

Source (U.S. Code)

Revised
Section
41710 ..........

Source (U.S. Code)
49 App.:1490.

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

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1010; added
Oct. 24, 1978, Pub. L.
95–504, § 38(a), 92 Stat. 1743.
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.