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49 U.S.C. § 41109 — Terms of certificates

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41109 — Terms of certificates

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Stable record: federal_law:legal_authorities:record_usc_161ceaa347a6baa6b8ea541e
Source file: Laws/federal/codes/united-states-code/title-49/section-41109-terms-of-certificates--88f8768390.md
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Source location: Title 49, Chapter 411, § 41109; chapter-411-air-carrier-certificates.md

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**(a) General.—** (1) Each certificate issued under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) shall specify the type of transportation to be provided. (2) The Secretary of Transportation— (A) may prescribe terms for providing air transportation under the certificate that the Secretary finds may be required in the public interest; but (B) may not prescribe a term preventing an air carrier from adding or changing schedules, equipment, accommodations, and facilities for providing the authorized transportation to satisfy business development and public demand. (3) A certificate issued under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) to provide foreign air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each general route to be followed. The Secretary shall authorize an air carrier holding a certificate to provide foreign air transportation to handle and transport mail of countries other than the United States. (4) A certificate issued under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) to provide foreign charter air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each geographical area in which, or between which, the transportation may be provided. (5) As prescribed by regulation by the Secretary, an air carrier other than a charter air carrier may provide charter trips or other special services without regard to the places named or type of transportation specified in its certificate. **(b) Modifying Terms.—** (1) An air carrier may file with the Secretary an application to modify any term of its certificate issued under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) to provide interstate or foreign air transportation. Not later than 60 days after an application is filed, the Secretary shall— (A) provide the carrier an opportunity for an oral evidentiary hearing on the record; or (B) begin to consider the application under [section 41111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41111&num=0&edition=prelim). (2) The Secretary shall modify each term the Secretary finds to be inconsistent with the criteria under section 40101(a) and (b) of this title. (3) An application under this subsection may not be dismissed under [section 41108(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41108/b/1/C&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41102 — General, temporary, and charter air transportation certificates of air carriers

**(a) Issuance.—** The Secretary of Transportation may issue a certificate of public convenience and necessity to a citizen of the United States authorizing the citizen to provide any part of the following air transportation the citizen has applied for under [section 41108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41108&num=0&edition=prelim): (1) air transportation as an air carrier. (2) temporary air transportation as an air carrier for a limited period. (3) charter air transportation as a charter air carrier. **(b) Findings Required for Issuance.—** (1) Before issuing a certificate under subsection (a) of this section, the Secretary must find that the citizen is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this part and regulations of the Secretary. (2) In addition to the findings under paragraph (1) of this subsection, the Secretary, before issuing a certificate under subsection (a) of this section for foreign air transportation, must find that the transportation is consistent with the public convenience and necessity. **(c) Temporary Certificates.—** The Secretary may issue a certificate under subsection (a) of this section for interstate air transportation (except the transportation of passengers) or foreign air transportation for a temporary period of time (whether the application is for permanent or temporary authority) when the Secretary decides that a test period is desirable— (1) to decide if the projected services, efficiencies, methods, and prices and the projected results will materialize and remain for a sustained period of time; or (2) to evaluate the new transportation. **(d) Foreign Air Transportation.—** The Secretary shall submit e

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5303 — Metropolitan transportation planning

**(a) Policy.—** It is in the national interest— (1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas and better connect housing and employment, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and (2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d). **(b) Definitions.—** In this section and section 5304, the following definitions apply: (1) **Metropolitan planning area.—** — The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). (2) **Metropolitan planning organization.—** — The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d). (3) **Nonmetropolitan area.—** — The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas. (4) **Nonmetropolitan local official.—** — The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. (5) **Regional transportation planning orga

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5303

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41111 — Simplified procedure to apply for, amend, modify, suspend, and transfer certificates

**(a) General Requirements.—** (1) The Secretary of Transportation shall prescribe regulations that simplify the procedure for— (A) acting on an application for a certificate to provide air transportation under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim); and (B) amending, modifying, suspending, or transferring any part of that certificate under section 41105 or 41110(a) or (c) of this title. (2) Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section. **(b) When Simplified Procedure Used.—** The Secretary may use the simplified procedure to act on an application for a certificate to provide air transportation under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim), or to amend, modify, suspend, or transfer any part of that certificate under section 41105 or 41110(a) or (c) of this title, when the Secretary decides the use of the procedure is in the public interest. **(c) Contents.—** (1) To the extent the Secretary finds practicable, regulations under this section shall include each standard the Secretary will apply when— (A) deciding whether to use the simplified procedure; and (B) making a decision on an action in which the procedure is used. (2) The regulations may provide that written evidence and argument may be filed under [section 41108(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41108/b&num=0&edition=prelim) as a part of a response opposing or supporti

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41111

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41109 — Terms of certificates

Page 1124 TITLE 49—TRANSPORTATION § 41109 backlog of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, to— ‘‘(1) not later than 1 year after the date of enact- ment of this Act [May 16, 2024], maintain an average application acceptance or rejection time of less than 60 days; and ‘‘(2) not later than 2 years after the date of enact- ment of this Act, maintain an average application ac- ceptance or rejection time of less than 30 days. ‘‘(b) MEASURES.—In meeting the goal under sub- section (a), the Administrator may— ‘‘(1) assign, as appropriate, additional personnel or support staff, including on a temporary basis, to re- view, adjudicate, and approve applications; ‘‘(2) improve and expand promotion of existing ap- plicant resources which could improve the quality of applications submitted to decrease the need for Ad- ministration applicant coordination and communica- tions; and ‘‘(3) take into consideration any third-party entity that assisted in the preparation of an application for an air carrier certificate under part 135 of title 14, Code of Federal Regulations. ‘‘(c) CONGRESSIONAL BRIEFING.—Beginning 6 months after the date of enactment of this Act, and not less than every 6 months thereafter until the Administrator complies with the requirements under subsection (a)(2), the Administrator shall provide a briefing to [the] ap- propriate committees of Congress [Committee on Com- merce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the status of the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, [and] any meas- ures the Administrator has put in place under sub- secti

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41109

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