Page:United States Statutes at Large Volume 108 Part 2.djvu/427

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1143 §41712. Unfair and deceptive practices and unfair methods of competition On the initiative of the Secretary of Transportation or the complaint of an air carrier, foreign air carrier, or ticket agent, and if the Secretary considers it is in the public interest, the Secretary may investigate and decide whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation or the sale of air transportation. If the Secretary, after notice and an opportunity for a hearing, finds that an air carrier, foreign air carrier, or ticket agent is engaged in an unfair or deceptive practice or unfair method of competition, the Secretary shall order the air carrier, foreign air carrier, or ticket agent to stop the practice or method. §41713. Preemption of authority over prices, routes, and service (a) DEFINITION.— In this section, "State" means a State, the District of Columbia, and a territory or possession of the United States. (b) PREEMPTION.— (1) Except as provided in this subsection, a State, political subdivision of a State, or political authority of at least 2 States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air transportation under this subpart. (2) Paragraph (1) of this subsection does not apply to air transportation provided entirely in Alaska unless the transportation is air transportation (except charter air transportation) provided c under a certificate issued under section 41102 of this title. (3) This subsection does not limit a State, political subdivision of a State, or political authority of at least 2 States that owns or operates an airport served by an air carrier holding a certificate issued by the Secretary of Transportation from carrying out its proprietary powers and rights. SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE §41731. Definitions (a) GENERAL.— In this subchapter— (1) "eligible place" means a place in the United States that— (A) was an eligible point under section 419 of the Federal Aviation Act of 1958 before October 1, 1988; (B) received scheduled air transportation at any time after January 1, 1990; and (C) is not listed in Department of Transportation Orders 89-9 -37 and 89-12 -52 as a place ineligible for compensation under this subchapter. (2) "enhanced essential air service" means scheduled air transportation to an eligible place of a higher level or quality than basic essential air service described in section 41732 of this title. (3) "hub airport" means an airport that each year has at least.25 percent of the total annual boardings in the United States.

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