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49 U.S.C. § 41105 — Transfers of certificates
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-49/section-41105-transfers-of-certificates--30a3691f4f.md
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Source location: Title 49, Chapter 411, § 41105; chapter-411-air-carrier-certificates.md
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**(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
**(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
Page 1120
TITLE 49—TRANSPORTATION
§ 41105
ing, or modifying the certificate. This sub-
section 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 be-
tween places in Alaska with aircraft with a
certificate for gross takeoff weight of more
than 40,000 pounds.
(d) SUSPENSIONS.—(1) The Secretary shall sus-
pend for not more than 30 days any part of the
certificate of a charter air carrier if the Sec-
retary decides that the failure of the carrier to
comply with the requirements described in sec-
tions 41110(e) and 41112 of this title, or a regula-
tion 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 to-
taling 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. How-
ever, the Secretary is not prevented from impos-
ing 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.
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41105
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