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49 U.S.C. § 41106 — Airlift service

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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Source location: Title 49, Chapter 411, § 41106; chapter-411-air-carrier-certificates.md

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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. § 41106 — Airlift service

Page 1121 TITLE 49—TRANSPORTATION § 41106 (b) CERTIFICATION TO CONGRESS.—When a cer- tificate is transferred, the Secretary shall cer- tify to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives that the transfer is consistent with the public interest. The Sec- retary shall include with the certification a re- port analyzing the effects of the transfer on— (1) the viability of each carrier involved in the transfer; (2) competition in the domestic airline in- dustry; and (3) the trade position of the United States in the international air transportation market. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41105(a) ...... 49 App.:1371(h)(1). Aug. 23, 1958, Pub. L. 85–726, § 401(h)(1), 72 Stat. 756; Nov. 5, 1990, Pub. L. 101–508, § 9127(1), 104 Stat. 1388–371. 49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 41105(b) ...... 49 App.:1371(h)(2), (3). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(h)(2), (3); added Nov. 5, 1990, Pub. L. 101–508, § 9127(2), 104 Stat. 1388–371. Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–287 substituted ‘‘Trans- portation and Infrastructure’’ for ‘‘Public Works and Transportation’’. § 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 trans- portation obtained by the Secretary of Defe

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