; and (6) nonprofit public interest groups with expertise in disability and accessibility matters. . 702. Unrealistic or deceptive scheduling (a) In general Section 41712 of title 49, United States Code, is amended by adding at the end the following new subsection: (d) Unrealistic or deceptive scheduling It shall be an unfair or deceptive practice and an unfair method of competition under subsection (a) for any air carrier or foreign air carrier providing scheduled passenger air transportation to engage in unrealistic or deceptive scheduling of flights, as determined by the Secretary of Transportation subject to an investigation and finding, if any, that an air carrier or foreign air carrier engaged in the unrealistic or deceptive scheduling of flights. . (b) Rule of construction Nothing in this section shall be construed to limit the authority of the Secretary under section 41712(a) of title 49, United States Code, or the ability of the Secretary to act pursuant to the authority under section 399.81 of title 14, Code of Federal Regulations, with respect to any activity of an air carrier or foreign air carrier that occurred prior to the date of enactment of subsection (d) of section 41712 of such title 49, as added by subsection (a) of this section. (c) Aviation Consumer Protection Advisory Committee recommendations (1) In general Not later than 90 days after the date of enactment of this section, the Secretary shall require the Aviation Consumer Protection Advisory Committee to provide to the Secretary recommendations regarding the types of practices or circumstances that qualify as unrealistic or deceptive scheduling of flights, including whether scheduling flights in light of technological deficiencies or workforce shortcomings that were known to an air carrier or foreign air carrier at the time of such scheduling qualifies as unrealistic or deceptive scheduling. (2) Rulemaking Not later than 90 days after receiving the recommendations under paragraph (1), the Secretary shall initiate a rulemaking to implement