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

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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Stable record: federal_law:legal_authorities:record_usc_1733478c8a315cf2ae4cf44a
Source file: Laws/federal/codes/united-states-code/title-49/section-41102-general-temporary-and-charter-air-transportation-certificates-of-air-car--f53b9aa6db.md
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Source location: Title 49, Chapter 411, § 41102; chapter-411-air-carrier-certificates.md

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

49 U.S.C. § 41307 — Presidential review of actions about foreign air transportation

The Secretary of Transportation shall submit to the President for review each decision of the Secretary to issue, deny, amend, modify, suspend, revoke, or transfer 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) authorizing an air carrier, or a permit issued under [section 41302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41302&num=0&edition=prelim) authorizing a foreign air carrier, to provide foreign air transportation. The President may disapprove the decision of the Secretary only if the reason for disapproval is based on foreign relations or national defense considerations that are under the jurisdiction of the President. The President may not disapprove a decision of the Secretary if the reason is economic or related to carrier selection. A decision of the Secretary— (1) is void if the President disapproves the decision and publishes the reasons (to the extent allowed by national security) for disapproval not later than 60 days after it is submitted to the President; or (2) (A) takes effect as a decision of the Secretary if the President does not disapprove the decision not later than 60 days after the decision is submitted to the President; and (B) when effective, may be reviewed judicially under [section 46110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46110&num=0&edition=prelim).

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

49 U.S.C. § 41108 — Applications for certificates

**(a) Form, Contents, and Proof of Service.—** To be issued a certificate of public convenience and necessity under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim), a citizen of the United States must apply to the Secretary of Transportation. The application must— (1) be in the form and contain information required by regulations of the Secretary; and (2) be accompanied by proof of service on interested persons as required by regulations of the Secretary and on each community that may be affected by the issuance of the certificate. **(b) Notice, Response, and Actions on Applications.—** (1) When an application is filed, the Secretary shall post a notice of the application in the office of the Secretary and give notice of the application to other persons as required by regulations of the Secretary. An interested person may file a response with the Secretary opposing or supporting the issuance of the certificate. Not later than 90 days after the application is filed, the Secretary shall— (A) provide an opportunity for a public hearing on the application; (B) begin the procedure under [section 41111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41111&num=0&edition=prelim); or (C) dismiss the application on its merits. (2) An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection is a final order and may be reviewed judicially under [section 46110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46110&num=0&edition=prelim). (3) If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection, an initial or recommended decision s

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

10 U.S.C. § 9516 — Airlift service

**(a) Interstate Transportation.—** (1) Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service in the United States may be provided only by an air carrier that— (A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and (B) holds a certificate issued under [section 41102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim). (2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under [section 41102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) to provide airlift service. **(b) Transportation Between the United States and Foreign Locations.—** Except as provided in subsection (d), the transportation of passengers or property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a). **(c) Transportation Between Foreign Locations.—** The transportation of passengers or property by CRAF-eligible aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a) whenever transportation by such an air carrier is reasonably availabl

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

22 U.S.C. § 3652 — Air transportation

**(a)** Notwithstanding any other provision of law (except subsection (b)), the Commission may contract with Panamanian carriers registered under the laws of the Republic of Panama to provide air transportation to officials and employees of the Commission who are citizens of the Republic of Panama. **(b)** An official or employee of the Commission who is a citizen of the Republic of Panama may elect, for security or other reasons, to travel by an air carrier holding a certificate under [section 41102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim).

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

29 U.S.C. § 1301 — Definitions

**(a)** For purposes of this subchapter, the term— (1) “administrator” means the person or persons described in paragraph (16) of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1002&num=0&edition=prelim); (2) “substantial employer”, for any plan year of a single-employer plan, means one or more persons— (A) who are contributing sponsors of the plan in such plan year, (B) who, at any time during such plan year, are members of the same controlled group, and (C) whose required contributions to the plan for each plan year constituting one of— (i) the two immediately preceding plan years, or (ii) the first two of the three immediately preceding plan years, total an amount greater than or equal to 10 percent of all contributions required to be paid to or under the plan for such plan year; (3) “multiemployer plan” means a plan— (A) to which more than one employer is required to contribute, (B) which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer, and (C) which satisfies such other requirements as the Secretary of Labor may prescribe by regulation, except that, in applying this paragraph— (i) a plan shall be considered a multiemployer plan on and after its termination date if the plan was a multiemployer plan under this paragraph for the plan year preceding such termination, and (ii) for any plan year which began before September 26, 1980, the term “multiemployer plan” means a plan described in [section 414(f) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section414/f&num=0&edition=prelim) as in effect immediately before such date; (4) “corporation”,

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

49 U.S.C. § 40109 — Authority to exempt

**(a) Air Carriers and Foreign Air Carriers Not Engaged Directly in Operating Aircraft.—** (1) The Secretary of Transportation may exempt from subpart II of this part— (A) an air carrier not engaged directly in operating aircraft in air transportation; or (B) a foreign air carrier not engaged directly in operating aircraft in foreign air transportation. (2) The exemption is effective to the extent and for periods that the Secretary decides are in the public interest. **(b) Safety Regulation.—** The Administrator of the Federal Aviation Administration may grant an exemption from a regulation prescribed in carrying out paragraphs (1) and (2) of section 40103(b) when the Administrator decides the exemption is in the public interest. **(c) Other Economic Regulation.—** Except as provided in this section, the Secretary may exempt to the extent the Secretary considers necessary a person or class of persons from a provision of chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II of chapter 421, and sections 44909(a), 44909(b), and 46301(b) of this title, or a regulation or term prescribed under any of those provisions, when the Secretary decides that the exemption is consistent with the public interest. **(d) Labor Requirements.—** The Secretary may not exempt an air carrier from [section 42112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section42112&num=0&edition=prelim). However, the Secretary may exempt from section 42112(b)(1) and (2) an air carrier not providing scheduled air transportation, and the operations conducted during daylight hours by an air ca

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

49 U.S.C. § 40118 — Government-financed air transportation

**(a) Transportation by Air Carriers Holding Certificates.—** A department, agency, or instrumentality of the United States Government shall take necessary steps to ensure that the transportation of passengers and property by air is provided by an air carrier holding a certificate under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) if— (1) the department, agency, or instrumentality— (A) obtains the transportation for itself or in carrying out an arrangement under which payment is made by the Government or payment is made from amounts provided for the use of the Government; or (B) provides the transportation to or for a foreign country or international or other organization without reimbursement; (2) the transportation is authorized by the certificate or by regulation or exemption of the Secretary of Transportation; and (3) the air carrier is— (A) available, if the transportation is between a place in the United States and a place outside the United States; or (B) reasonably available, if the transportation is between 2 places outside the United States. **(b) Transportation by Foreign Air Carriers.—** This section does not preclude the transportation of passengers and property by a foreign air carrier if the transportation is provided under a bilateral or multilateral air transportation agreement to which the Government and the government of a foreign country are parties if the agreement— (1) is consistent with the goals for international aviation policy of [section 40101(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40101/e&num=0&edition=prelim); and (2) provides for the exchange of rights or benefits of similar magnit

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

49 U.S.C. § 41104 — Additional limitations and requirements of charter air carriers

**(a) Restrictions.—** The Secretary of Transportation may prescribe a regulation or issue an order restricting the marketability, flexibility, accessibility, or variety of charter air transportation provided 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) only to the extent required by the public interest. A regulation prescribed or order issued under this subsection may not be more restrictive than a regulation related to charter air transportation that was in effect on October 1, 1978. **(b) Scheduled Operations.—** (1) **In general.—** — Except as provided in paragraphs (3) and (4), an air carrier, including an indirect air carrier, may not provide, in aircraft designed for more than 9 passenger seats, regularly scheduled charter air transportation, for which the public is provided in advance a schedule containing the departure location, departure time, and arrival location of the flight, to or from an airport that— (A) does not have an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation); or (B) has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation) if the airport— (i) is a reliever airport (as defined in section 47102) and is designated as such in the national plan of integrated airports maintained under section 47103; and (ii) is located within 20 nautical miles (22 statute miles) of 3 or more airports that each annually account for at least 1 percent of the total United States passenger enplanements and at least 2 of which are operated by the sponsor of the reliever a

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

49 U.S.C. § 41105 — Transfers of certificates

**(a) General.—** 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) may be transferred only when the Secretary of Transportation approves the transfer as being consistent with the public interest. **(b) Certification to Congress.—** When a certificate is transferred, the Secretary shall certify to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that the transfer is consistent with the public interest. The Secretary shall include with the certification a report analyzing the effects of the transfer on— (1) the viability of each carrier involved in the transfer; (2) competition in the domestic airline industry; and (3) the trade position of the United States in the international air transportation market.

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

49 U.S.C. § 41106 — Airlift service

**(a) Interstate Transportation.—** (1) Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service in the United States may be provided only by an air carrier that— (A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and (B) holds 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). (2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) to provide airlift service. **(b) Transportation Between the United States and Foreign Locations.—** Except as provided in subsection (d), the transportation of passengers or property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a). **(c) Transportation Between Foreign Locations.—** The transportation of passengers or property by CRAF-eligible aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a) whenever transportation by such an air carrier is reasonably avai

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