You are here



From Cornell Law School.   It represents the U.S. Code as published on CD-ROM and distributed by the Government Printing Office.  The effective date of this version is January 16, 1996, and the statutory provisions below may have been modified subsequently.

Among the statutory authorities delegated to the BTS Office of Airline Information are the following:

49 U.S.C. 329(b)(1) - relating to collection and dissemination of information on civil aeronautics
49 U.S.C. 40113 - relating to taking such actions and issuing such regulations as may be necessary to carry out responsibilities
49 U.S.C. 41701 - relating to establishing just and reasonable classifications of carriers and rules to be followed by each
49 U.S.C. 41702 - relating to the duty of carriers to provide safe and adequate service
49 U.S.C. 41708 - relating to the requirement to keep information
49 U.S.C. 41709 - relating to prescribing the form in which records are to be kept.
2 U.S.C. 451 - relating to the reporting of the extension of unsecured credit to political candidates

49 U.S.C. § 329. Transportation information

  • (a) The Secretary of Transportation may collect and collate transportation information the Secretary decides will contribute to the improvement of the transportation system of the United States. To the greatest practical extent, the Secretary shall use information available from departments, agencies, and instrumentalities of the United States Government and other sources. To the extent practical, the Secretary shall make available to other Government departments, agencies, and instrumentalities and to the public the information collected under this subsection.
  • (b) The Secretary shall -
    • (1) collect and disseminate information on civil aeronautics (other than that collected and disseminated by the National Transportation Safety Board under chapter 11 of this title) including, at a minimum, information on (A) the origin and destination of passengers in interstate air transportation (as those terms are used in such Act), (FOOTNOTE 1) and (B) the number of passengers traveling by air between any two points in interstate air transportation; except that in no case shall the Secretary require an air carrier to provide information on the number of passengers or the amount of cargo on a specific flight if the flight and the flight number under which such flight operates are used solely for interstate air transportation and are not used for providing essential air transportation under subchapter II of chapter 417 of this title;

      (FOOTNOTE 1) So in original. Probably should be "(as that term is used in part A of subtitle VII of this title),".

    • (2) study the possibilities of developing air commerce and the aeronautical industry; and
    • (3) exchange information on civil aeronautics with governments of foreign countries through appropriate departments, agencies, and instrumentalities of the Government.
  • (c)(1) On the written request of a person, a State, territory, or possession of the United States, or a political subdivision of a State, territory, or possession, the Secretary may -
      • (A) make special statistical studies on foreign and domestic transportation;
      • (B) make special studies on other matters related to duties and powers of the Secretary;
      • (C) prepare, from records of the Department of Transportation, special statistical compilations; and
      • (D) provide transcripts of studies, tables, and other records of the Department.
    • (2) The person or governmental authority requesting information under paragraph (1) of this subsection must pay the actual cost of preparing the information. Payments shall be deposited in the Treasury in an account that the Secretary shall administer. The Secretary may use amounts in the account for the ordinary expenses incidental to getting and providing the information.
  • (d) To assist in carrying out duties and powers under part A of subtitle VII of this title, the Secretary of Transportation shall maintain separate cooperative agreements with the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration for the timely exchange of information on their programs, policies, and requirements directly related to carrying out that Act. (FOOTNOTE 2)

    (FOOTNOTE 2) So in original. Probably should be "that part.".

49 U.S.C. § 40113. Administrative

  • (a) General Authority. - The Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may take action the Secretary or Administrator, as appropriate, considers necessary to carry out this part, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders.
  • (b) Hazardous Material. - In carrying out this part, the Secretary has the same authority to regulate the transportation of hazardous material by air that the Secretary has under section 5103 of this title. However, this subsection does not prohibit or regulate the transportation of a firearm (as defined in section 232 of title 18) or ammunition for a firearm, when transported by an individual for personal use.
  • (c) Governmental Assistance. - The Secretary (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may use the assistance of the Administrator of the National Aeronautics and Space Administration and any research or technical department, agency, or instrumentality of the United States Government on matters related to aircraft fuel and oil, and to the design, material, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances, and air navigation facilities. Each department, agency, and instrumentality may conduct scientific and technical research, investigations, and tests necessary to assist the Secretary or Administrator of the Federal Aviation Administration in carrying out this part. This part does not authorize duplicating laboratory research activities of a department, agency, or instrumentality.
  • (d) Indemnification. - The Administrator of the Federal Aviation Administration may indemnify an officer or employee of the Administration against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer or employee.
  • (e) Assistance to Foreign Aviation Authorities. -
    • (1) Safety-related training and operational services. - The Administrator may provide safety-related training and operational services to foreign aviation authorities with or without reimbursement, if the Administrator determines that providing such services promotes aviation safety. To the extent practicable, air travel reimbursed under this subsection shall be conducted on United States air carriers.
    • (2) Reimbursement sought. - The Administrator shall actively seek reimbursement for services provided under this subsection from foreign aviation authorities capable of providing such reimbursement.
    • (3) Crediting appropriations. - Funds received by the Administrator pursuant to this section shall be credited to the appropriation from which the expenses were incurred in providing such services.
    • (4) Reporting. - Not later than December 31, 1995, and annually thereafter, the Administrator shall transmit to Congress a list of the foreign aviation authorities to which the Administrator provided services under this subsection in the preceding fiscal year. Such list shall specify the dollar value of such services and any reimbursement received for such services.

49 U.S.C. § 41701. Classification of air carriers

The Secretary of Transportation may establish -

  • (1) reasonable classifications for air carriers when required because of the nature of the transportation provided by them; and
  • (2) reasonable requirements for each class when the Secretary decides those requirements are necessary in the public interest.

49 U.S.C. § 41702. Interstate air transportation

An air carrier shall provide safe and adequate interstate air transportation.

49 U.S.C. § 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.

49 U.S.C. § 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 additional 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.

2 U.S.C. § 451. Extension of credit by regulated industries; regulations

The Secretary of Transportation, the Federal Communications Commission, and the Surface Transportation Board shall each maintain, (FOOTNOTE 1) its own regulations with respect to the extension of credit, without security, by any person regulated by such Secretary under subpart II of part A of subtitle VII of title 49, or such Commission or Board, to any candidate for Federal office, or to any person on behalf of such a candidate, for goods furnished or services rendered in connection with the campaign of such candidate for nomination for election, or election, to such office.

(FOOTNOTE 1) So in original. The comma probably should not appear.