49 U.S. Code § 41720 - Joint venture agreements

(a) Definitions.— In this section, the following definitions apply:
(1) Joint venture agreement.— The term “joint venture agreement” means an agreement between two or more major air carriers on or after January 1, 1998, with regard to
(A) code-sharing, blocked-space arrangements, long-term wet leases (as defined in section 207.1 of title 14, Code of Federal Regulations) of a substantial number (as defined by the Secretary by regulation) of aircraft, or frequent flyer programs, or
(B) any other cooperative working arrangement (as defined by the Secretary by regulation) between 2 or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by the major air carriers.
(2) Major air carrier.— The term “major air carrier” means a passenger air carrier that is certificated under chapter 411 of this title and included in Carrier Group III under criteria contained in section 04 ofpart 241 of title 14, Code of Federal Regulations.
(b) Submission of Joint Venture Agreement.— At least 30 days before a joint venture agreement may take effect, each of the major air carriers that entered into the agreement shall submit to the Secretary—
(1) a complete copy of the joint venture agreement and all related agreements; and
(2) other information and documentary material that the Secretary may require by regulation.
(c) Extension of Waiting Period.—
(1) In general.— The Secretary may extend the 30-day period referred to in subsection (b) until—
(A) in the case of a joint venture agreement with regard to code-sharing, the 150th day following the last day of such period; and
(B) in the case of any other joint venture agreement, the 60th day following the last day of such period.
(2) Publication of reasons for extension.— If the Secretary extends the 30-day period referred to in subsection (b), the Secretary shall publish in the Federal Register the Secretary’s reasons for making the extension.
(d) Termination of Waiting Period.— At any time after the date of submission of a joint venture agreement under subsection (b), the Secretary may terminate the waiting periods referred to in subsections (b) and (c) with respect to the agreement.
(e) Regulations.— The effectiveness of a joint venture agreement may not be delayed due to any failure of the Secretary to issue regulations to carry out this section.
(f) Memorandum To Prevent Duplicative Reviews.— Promptly after the date of enactment of this section, the Secretary shall consult with the Assistant Attorney General of the Antitrust Division of the Department of Justice in order to establish, through a written memorandum of understanding, preclearance procedures to prevent unnecessary duplication of effort by the Secretary and the Assistant Attorney General under this section and the antitrust laws of the United States, respectively.
(g) Prior Agreements.— With respect to a joint venture agreement entered into before the date of enactment of this section as to which the Secretary finds that—
(1) the parties submitted the agreement to the Secretary before such date of enactment; and
(2) the parties submitted all information on the agreement requested by the Secretary,
the waiting period described in paragraphs (2) and (3) shall begin on the date, as determined by the Secretary, on which all such information was submitted and end on the last day to which the period could be extended under this section.
(h) Limitation on Statutory Construction.— The authority granted to the Secretary under this section shall not in any way limit the authority of the Attorney General to enforce the antitrust laws as defined in the first section of the Clayton Act (15 U.S.C. 12).

Source

(Added Pub. L. 105–277, div. C, title I, § 110(f)(1),Oct. 21, 1998, 112 Stat. 2681–588, § 41716; renumbered § 41720 and amended Pub. L. 106–181, title II, § 231(b)(1), title VII, § 709,Apr. 5, 2000, 114 Stat. 108, 159.)
References in Text

The date of enactment of this section, referred to in subsecs. (f) and (g), is the date of enactment of Pub. L. 105–277, which was approved Oct. 21, 1998.
Codification

Pub. L. 105–277, § 110(f)(1), which directed amendment of subchapter I of chapter 417 by adding this section at the end, without specifying a Code title or Act, was executed by adding this section at the end of this subchapter to reflect the probable intent of Congress.
Amendments

2000—Pub. L. 106–181, § 231(b)(1), renumbered section 41716 of this title as this section.
Subsec. (a)(1). Pub. L. 106–181, § 709, substituted “an agreement between two or more major air carriers” for “an agreement entered into by a major air carrier”.
Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 ofPub. L. 106–181, set out as a note under section 106 of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


14 CFR - Aeronautics and Space

14 CFR Part 200 - DEFINITIONS AND INSTRUCTIONS

14 CFR Part 201 - AIR CARRIER AUTHORITY UNDER SUBTITLE VII OF TITLE 49 OF THE UNITED STATES CODE—[AMENDED]

14 CFR Part 203 - WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES

14 CFR Part 204 - DATA TO SUPPORT FITNESS DETERMINATIONS

14 CFR Part 205 - AIRCRAFT ACCIDENT LIABILITY INSURANCE

14 CFR Part 206 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: SPECIAL AUTHORIZATIONS AND EXEMPTIONS

14 CFR Part 211 - APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS

14 CFR Part 213 - TERMS, CONDITIONS AND LIMITATIONS OF FOREIGN AIR CARRIER PERMITS

14 CFR Part 215 - USE AND CHANGE OF NAMES OF AIR CARRIERS, FOREIGN AIR CARRIERS AND COMMUTER AIR CARRIERS

14 CFR Part 216 - COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS

14 CFR Part 217 - REPORTING TRAFFIC STATISTICS BY FOREIGN AIR CARRIERS IN CIVILIAN SCHEDULED, CHARTER, AND NONSCHEDULED SERVICES

14 CFR Part 221 - TARIFFS

14 CFR Part 241 - UNIFORM SYSTEM OF ACCOUNTS AND REPORTS FOR LARGE CERTIFICATED AIR CARRIERS

14 CFR Part 248 - SUBMISSION OF AUDIT REPORTS

14 CFR Part 249 - PRESERVATION OF AIR CARRIER RECORDS

14 CFR Part 250 - OVERSALES

14 CFR Part 271 - GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION

14 CFR Part 294 - CANADIAN CHARTER AIR TAXI OPERATORS

14 CFR Part 296 - INDIRECT AIR TRANSPORTATION OF PROPERTY

14 CFR Part 297 - FOREIGN AIR FREIGHT FORWARDERS AND FOREIGN COOPERATIVE SHIPPERS ASSOCIATIONS

14 CFR Part 298 - EXEMPTIONS FOR AIR TAXI AND COMMUTER AIR CARRIER OPERATIONS

14 CFR Part 300 - RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER

14 CFR Part 302 - RULES OF PRACTICE IN PROCEEDINGS

14 CFR Part 303 - REVIEW OF AIR CARRIER AGREEMENTS

14 CFR Part 305 - RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS

14 CFR Part 323 - TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE

14 CFR Part 325 - ESSENTIAL AIR SERVICE PROCEDURES

14 CFR Part 372 - OVERSEAS MILITARY PERSONNEL CHARTERS

14 CFR Part 374a - EXTENSION OF CREDIT BY AIRLINES TO FEDERAL POLITICAL CANDIDATES

14 CFR Part 385 - STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS

14 CFR Part 398 - GUIDELINES FOR INDIVIDUAL DETERMINATIONS OF BASIC ESSENTIAL AIR SERVICE

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.