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49 U.S.C. § 41104 — Additional limitations and requirements of charter air carriers
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-49/section-41104-additional-limitations-and-requirements-of-charter-air-carriers--92d0b946ed.md
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Source location: Title 49, Chapter 411, § 41104; chapter-411-air-carrier-certificates.md
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**(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 airport.
(2) **Definition.—** — In this paragraph, the term “regularly scheduled charter air transportation” does not include operations for which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer’s representative.
(3) **Exception.—** — This subsection does not apply to any airport in the State of Alaska or to any airport outside the United States.
(4) **Waivers.—** — The Secretary may waive the application of paragraph (1)(B) in cases in which the Secretary determines that the public interest so requires.
**(c) Alaska.—** An air carrier holding 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 provide charter air transportation between places in Alaska only to the extent the Secretary decides the transportation is required by public convenience and necessity. The Secretary may make that decision when issuing, amending, or modifying the certificate. This subsection does not apply to a certificate issued under section 41102 to a citizen of the United States who, before July 1, 1977—
(1) maintained a principal place of business in Alaska; and
(2) conducted air transport operations between places in Alaska with aircraft with a certificate for gross takeoff weight of more than 40,000 pounds.
**(d) Suspensions.—**
(1) The Secretary shall suspend for not more than 30 days any part of the certificate of a charter air carrier if the Secretary decides that the failure of the carrier to comply with the requirements described in sections 41110(e) and 41112 of this title, or a regulation or order of the Secretary under section 41110(e) or 41112, requires immediate suspension in the interest of the rights, welfare, or safety of the public. The Secretary may act under this paragraph without notice or a hearing.
(2) The Secretary shall begin immediately a hearing to decide if the certificate referred to in paragraph (1) of this subsection should be amended, modified, suspended, or revoked. Until the hearing is completed, the Secretary may suspend the certificate for additional periods totaling not more than 60 days. If the Secretary decides that the carrier is complying with the requirements described in sections 41110(e) and 41112 of this title and regulations and orders under sections 41110(e) and 41112, the Secretary immediately may end the suspension period and proceeding begun under this subsection. However, the Secretary is not prevented from imposing a civil penalty on the carrier for violating the requirements described in section 41110(e) or 41112 or a regulation or order under section 41110(e) or 41112.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation.
**(b) Administration Leadership.—**
(1) **Administrator.—**
(A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years.
(E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2) **Deputy administrator.—**
(A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B) *Qualifications.—* — The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
Page 1119
TITLE 49—TRANSPORTATION
§ 41104
(1) is exempt in providing the transportation
under the certificate from the requirements
of—
(A) section 41101(a)(1) of this title and reg-
ulations or procedures prescribed under sec-
tion 41101(a)(1); and
(B) other provisions of this part and regu-
lations or procedures prescribed under those
provisions when the Secretary finds under
regulations of the Secretary that the exemp-
tion 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1119;
Pub. L. 103–429, § 6(49), Oct. 31, 1994, 108 Stat.
4384.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41103(a) ......
49 App.:1388(a)(4).
Aug. 23, 1958, Pub. L. 85–726,
72
Stat.
731,
§ 418(a)(4);
added Nov. 9, 1977, Pub. L.
95–163, § 17(a), 91 Stat. 1285;
Mar. 14, 1978, Pub. L.
95–245, § 1, 92 Stat. 156.
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.
41103(b) ......
49 App.:1388(b)(1)(B).
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 418(b)(1)(B);
added Nov. 9, 1977, Pub. L.
95–163, § 17(a), 91 Stat. 1285;
Mar. 14, 1978, Pub. L.
95–245, § 3, 92 Stat. 156.
49 App.:1551(b)(1)(E).
41103(c) ......
49 App.:1388(b)(2).
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 418(b)(2), (c),
(d); added Nov. 9, 1977,
Pub. L. 95–163, § 17(a), 91
Stat. 1285.
49 App.:1551(b)(1)(E).
41103(d)(1) ..
49 App.:1388(c).
49 App.:1551(b)(1)(E).
41103(d)(2) ..
49 App.:1388(d).
In subsection (a), the words ‘‘After the three hundred
and sixty-fifth day which begins af
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41104
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.