[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR91.5]

[Page 721]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 91_INTERNATIONAL AIR TRANSPORTATION FAIR COMPETITIVE PRACTICES--Table of Contents
 
Sec.  91.5  Findings and recommendations.

    (a) Upon finding that a foreign government or entity imposes 
excessive or otherwise discriminatory charges against U.S. flag air 
carriers or causes such carriers to be subjected to discriminatory or 
unfair competitive practices, the Assistant Secretary, in coordination 
with the General Counsel and the Administrator, shall determine the 
extent of the discrimination or unfair competitive practices.
    (b) Where the matter involves excessive or otherwise discriminatory 
charges, the Assistant Secretary shall prepare a report and recommend 
that the Secretary promptly submit a report of the case to the Secretary 
of State and the Civil Aeronautics Board in accordance with section 11 
of the International Aviation Facilities Act, 49 U.S.C. 1159a.
    (c) Where the matter involves discrimination or unfair competitive 
practices other than user charges, the Assistant Secretary shall prepare 
a report and recommend that the Secretary take such other action within 
the jurisdiction of the Department as is appropriate under the 
circumstances in accordance with 49 U.S.C. 1159b.
    (d) If the Secretary determines, after review of the report and 
recommendations made under paragraph (b) of this section, that 
unreasonably excessive or otherwise discriminatory charges exist, the 
Secretary will submit a report on the matter to the Secretary of State 
and the Chairman of the Civil Aeronautics Board in accordance with 49 
U.S.C. 1159a.
    (e) If the Secretary determines, after review of the report and 
recommendations made under paragraph (c) of this section, that 
discriminatory or unfair competitive practices exist, the Secretary will 
commence all appropriate action within his jurisdiction in accordance 
with 49 U.S.C. 1159b.