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49 U.S.C. § 41103 — All-cargo air transportation certificates of air carriers
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-49/section-41103-all-cargo-air-transportation-certificates-of-air-carriers--62a098d897.md
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Source location: Title 49, Chapter 411, § 41103; chapter-411-air-carrier-certificates.md
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**(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
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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
**(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 Se
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Federal law — U.S. Code and appendices · legal_authorities
Page 1118
TITLE 49—TRANSPORTATION
§ 41103
(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) Be-
fore 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 certifi-
cate and to comply with this part and regula-
tions 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 for-
eign air transportation for a temporary period
of time (whether the application is for perma-
nent or temporary authority) when the Sec-
retary decides that a test period is desirable—
(1) to decide if the projected services, effi-
ciencies, methods, and prices and the pro-
jected results will materialize and remain for
a sustained period of time; or
(2) to evaluate the new transportation.
(d) FOREIGN AIR TRANSPORTATION.—The Sec-
retary shall submit each decision authorizing
the provision of foreign air transportation to
the President under section 41307 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1119.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41102(a) ......
49 App.:1371(d)(1)
(words before 1st
comma and after
semicolon), (2)
(1st–32d words)
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41103
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