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49 U.S.C. § 41110 — Effective periods and amendments, modifications, suspensions, and revocations of certificates

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

49 U.S.C. § 41110 — Effective periods and amendments, modifications, suspensions, and revocations of certificates

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Stable record: federal_law:legal_authorities:record_usc_1645663d02222fa088b8b29f
Source file: Laws/federal/codes/united-states-code/title-49/section-41110-effective-periods-and-amendments-modifications-suspensions-and-revocatio--2147131d74.md
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Source location: Title 49, Chapter 411, § 41110; 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) is effective from the date specified in it and remains in effect until— (A) the Secretary of Transportation suspends or revokes the certificate under this section; (B) the end of the period the Secretary specifies for an air carrier having a certificate of temporary authority issued under [section 41102(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102/a/2&num=0&edition=prelim); or (C) the Secretary certifies that transportation is no longer being provided under a certificate. (2) On application or on the initiative of the Secretary and after notice and an opportunity for a hearing or, except as provided in paragraph (4) of this subsection, under [section 41111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41111&num=0&edition=prelim), the Secretary may— (A) amend, modify, or suspend any part of a certificate if the Secretary finds the public convenience and necessity require amendment, modification, or suspension; and (B) revoke any part of a certificate if the Secretary finds that the holder of the certificate intentionally does not comply with this chapter, sections 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742, chapter 419, subchapter II of chapter 421, and [section 46301(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46301/b&num=0&edition=prelim), a regulation or order of the Secretary under any of those provisions, or a term of its certificate. (3) The Secretary may revoke a certificate under paragraph (2)(B) of this subsection only if the holder of the certificate does not comply, within a reasonable time the Secretary specifies, with an order to the holder requiring compliance. (4) A certificate to provide foreign air transportation may not be amended, modified, suspended, or revoked under [section 41111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41111&num=0&edition=prelim) if the holder of the certificate requests an oral evidentiary hearing or the Secretary finds, under all the facts and circumstances, that the hearing is required in the public interest. **(b) All-Cargo Air Transportation.—** The Secretary may order that a certificate issued under [section 41103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41103&num=0&edition=prelim) authorizing all-cargo air transportation is ineffective if, after notice and an opportunity for a hearing, the Secretary finds that the transportation is not provided to the minimum extent specified by the Secretary. **(c) Foreign Air Transportation.—** (1) Notwithstanding subsection (a)(2)–(4) of this section, after notice and a reasonable opportunity for the affected air carrier to present its views, but without a hearing, the Secretary may suspend or revoke the authority of an air carrier to provide foreign air transportation to a place under 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) if the carrier— (A) notifies the Secretary, under [section 41734(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41734/a&num=0&edition=prelim) or a regulation of the Secretary, that it intends to suspend all transportation to that place; or (B) does not provide regularly scheduled transportation to the place for 90 days immediately before the date the Secretary notifies the carrier of the action the Secretary proposes. (2) Paragraph (1)(B) of this subsection does not apply to a place provided seasonal transportation comparable to the transportation provided during the prior year. **(d) Temporary Certificates.—** On application or on the initiative of the Secretary, the Secretary may— (1) review the performance of an air carrier issued a certificate under [section 41102(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102/c&num=0&edition=prelim) on the basis that the air carrier will provide innovative or low-priced air transportation under the certificate; and (2) amend, modify, suspend, or revoke the certificate or authority under subsection (a)(2) or (c) of this section if the air carrier has not provided, or is not providing, the transportation. **(e) Continuing Requirements.—** (1) To hold 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), an air carrier must continue to be fit, willing, and able to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary. (2) After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend, or revoke any part of 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) if the Secretary finds that the air carrier— (A) is not fit, willing, and able to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary; or (B) does not file reports necessary for the Secretary to decide if the carrier is complying with the requirements of clause (A) of this paragraph. **(f) Illegal Importation of Controlled Substances.—** The Secretary— (1) in consultation with appropriate departments, agencies, and instrumentalities of the United States Government, shall reexamine immediately the fitness of an air carrier that— (A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or (B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and (2) when appropriate, shall amend, modify, suspend, or revoke the certificate of the carrier issued under this chapter. **(g) Responses.—** An interested person may file a response with the Secretary opposing or supporting the amendment, modification, suspension, or revocation of a certificate under subsection (a) of this section.

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41102

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

49 U.S.C. § 41103 — All-cargo air transportation certificates of air carriers

**(a) Applications.—** A citizen of the United States may apply to the Secretary of Transportation for a certificate authorizing the citizen to provide all-cargo air transportation. The application must contain information and be in the form the Secretary by regulation requires. **(b) Issuance.—** Not later than 180 days after an application for a certificate is filed under this section, the Secretary shall issue the certificate to a citizen of the United States authorizing the citizen, as an air carrier, to provide any part of the all-cargo air transportation applied for unless the Secretary finds that the citizen is not fit, willing, and able to provide the all-cargo air transportation to be authorized by the certificate and to comply with regulations of the Secretary. **(c) Terms.—** The Secretary may impose terms the Secretary considers necessary when issuing a certificate under this section. However, the Secretary may not impose terms that restrict the places served or prices charged by the holder of the certificate. **(d) Exemptions and Status.—** A citizen issued a certificate under this section— (1) is exempt in providing the transportation under the certificate from the requirements of— (A) [section 41101(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41101/a/1&num=0&edition=prelim) and regulations or procedures prescribed under section 41101(a)(1); and (B) other provisions of this part and regulations or procedures prescribed under those provisions when the Secretary finds under regulations of the Secretary that the exemption is appropriate; and (2) is an air carrier under this part except to the extent the carrier is exempt under this section from a requirement of this part.

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

49 U.S.C. § 321 — Definitions

In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim).

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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

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

49 U.S.C. § 41110 — Effective periods and amendments, modi-

Page 1125 TITLE 49—TRANSPORTATION § 41110 stituted for ‘‘engage in’’, for consistency in the revised title. The words ‘‘terminal and intermediate’’ are omit- ted as surplus. The words ‘‘between which the air car- rier is authorized to provide the transportation’’ are added for clarity and consistency. In subsection (a)(3), the words ‘‘or routes’’ are omit- ted because of 1:1. The words ‘‘The Secretary’’ are added for clarity. In subsection (a)(4), the words ‘‘or areas’’ are omitted because of 1:1. In subsection (b), the words ‘‘condition, or limita- tion’’ are omitted as being included in ‘‘term’’. In subsection (b)(1), before clause (A), the word ‘‘mod- ify’’ is substituted for ‘‘removal or modification’’ to eliminate unnecessary words. The word ‘‘provide’’ is substituted for ‘‘engage in’’ for consistency in the re- vised title. In clause (A), the words ‘‘provide the carrier an opportunity’’ are substituted for ‘‘set such applica- tion’’ for consistency in the revised title and with other titles of the United States Code. In clause (B), the words ‘‘the simplified procedures established by the Board in regulations pursuant to’’ are omitted as sur- plus. PUB. L. 104–287 This amends 49:41109(a) to clarify the restatement of 49 App.:1371(e) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1123). Editorial Notes AMENDMENTS 1996—Subsec. (a)(5). Pub. L. 104–287 added par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title. § 41110. Effective periods and amendments, modi- fications, suspensions, and revocations of certificates (a) GENERAL.—(1) Each certificate iss

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