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49 U.S.C. § 41111 — Simplified procedure to apply for, amend, modify, suspend, and transfer certificates
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Requirements.—**
(1) The Secretary of Transportation shall prescribe regulations that simplify the procedure for—
(A) acting on an application for a certificate to provide air transportation under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim); and
(B) amending, modifying, suspending, or transferring any part of that certificate under section 41105 or 41110(a) or (c) of this title.
(2) Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section.
**(b) When Simplified Procedure Used.—** The Secretary may use the simplified procedure to act on an application for a certificate to provide air transportation under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim), or to amend, modify, suspend, or transfer any part of that certificate under section 41105 or 41110(a) or (c) of this title, when the Secretary decides the use of the procedure is in the public interest.
**(c) Contents.—**
(1) To the extent the Secretary finds practicable, regulations under this section shall include each standard the Secretary will apply when—
(A) deciding whether to use the simplified procedure; and
(B) making a decision on an action in which the procedure is used.
(2) The regulations may provide that written evidence and argument may be filed under [section 41108(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41108/b&num=0&edition=prelim) as a part of a response opposing or supporti
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Source file: Laws/federal/codes/united-states-code/title-49/section-41111-simplified-procedure-to-apply-for-amend-modify-suspend-and-transfer-cert--f5c9229ee6.md
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Source location: Title 49, Chapter 411, § 41111; chapter-411-air-carrier-certificates.md
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**(a) General Requirements.—**
(1) The Secretary of Transportation shall prescribe regulations that simplify the procedure for—
(A) acting on an application for a certificate to provide air transportation under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim); and
(B) amending, modifying, suspending, or transferring any part of that certificate under section 41105 or 41110(a) or (c) of this title.
(2) Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section.
**(b) When Simplified Procedure Used.—** The Secretary may use the simplified procedure to act on an application for a certificate to provide air transportation under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim), or to amend, modify, suspend, or transfer any part of that certificate under section 41105 or 41110(a) or (c) of this title, when the Secretary decides the use of the procedure is in the public interest.
**(c) Contents.—**
(1) To the extent the Secretary finds practicable, regulations under this section shall include each standard the Secretary will apply when—
(A) deciding whether to use the simplified procedure; and
(B) making a decision on an action in which the procedure is used.
(2) The regulations may provide that written evidence and argument may be filed under [section 41108(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41108/b&num=0&edition=prelim) as a part of a response opposing or supporting the issuance of a certificate.
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41108
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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) shall specify the type of transportation to be provided.
(2) The Secretary of Transportation—
(A) may prescribe terms for providing air transportation under the certificate that the Secretary finds may be required in the public interest; but
(B) may not prescribe a term preventing an air carrier from adding or changing schedules, equipment, accommodations, and facilities for providing the authorized transportation to satisfy business development and public demand.
(3) 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) to provide foreign air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each general route to be followed. The Secretary shall authorize an air carrier holding a certificate to provide foreign air transportation to handle and transport mail of countries other than the United States.
(4) 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) to provide foreign charter air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each geographical area in which, or between which, the transportation may be provided.
(5) As prescribed by regulation by the Secretar
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41109
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41110
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Federal law — U.S. Code and appendices · legal_authorities
Page 1127
TITLE 49—TRANSPORTATION
§ 41112
Editorial Notes
AMENDMENTS
1994—Subsec. (e). Pub. L. 103–429 reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘After notice and an
opportunity for a hearing, the Secretary shall amend,
modify, suspend, or revoke any part of a certificate
issued under section 41102 of this title if the Secretary
finds that the air carrier—
‘‘(1) is not fit, willing, and able to continue to pro-
vide the transportation authorized by the certificate
and to comply with this part and regulations of the
Secretary; or
‘‘(2) does not file reports necessary for the Sec-
retary to decide if the carrier is complying with the
requirements of clause (1) of this subsection.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
§ 41111.
Simplified
procedure
to
apply
for,
amend, modify, suspend, and transfer certifi-
cates
(a) GENERAL
REQUIREMENTS.—(1) The Sec-
retary of Transportation shall prescribe regula-
tions that simplify the procedure for—
(A) acting on an application for a certificate
to provide air transportation under section
41102 of this title; and
(B) amending, modifying, suspending, or
transferring any part of that certificate under
section 41105 or 41110(a) or (c) of this title.
(2) Regulations under this section shall pro-
vide for notice and an opportunity for each in-
terested person to file appropriate written evi-
dence and argument. An oral evidentiary hear-
ing is not required to be provided under this sec-
tion.
(b) WHEN SIMPLIFIED PROCEDURE USED.—The
Secretary may use the simplified procedure to
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41111
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.