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49 U.S.C. § 41108 — Applications for certificates
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
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Source file: Laws/federal/codes/united-states-code/title-49/section-41108-applications-for-certificates--832f1e97f2.md
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Source location: Title 49, Chapter 411, § 41108; chapter-411-air-carrier-certificates.md
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**(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 shall be issued not later than 150 days after the date the Secretary provides the opportunity. The Secretary shall issue a final order on the application not later than 90 days after the decision is issued. However, if the Secretary does not act within the 90-day period, the initial or recommended decision on an application to provide—
(A) interstate air transportation 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); and
(B) foreign air transportation shall be submitted to the President under [section 41307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41307&num=0&edition=prelim).
(4) If the Secretary acts under paragraph (1)(B) of this subsection, the Secretary shall issue a final order on the application not later than 180 days after beginning the procedure on the application.
(5) If a citizen applying for a certificate does not meet the procedural schedule adopted by the Secretary in a proceeding, the Secretary may extend the period for acting under paragraphs (3) and (4) of this subsection by a period equal to the period of delay caused by the citizen. In addition to an extension under this paragraph, an initial or recommended decision under paragraph (3) of this subsection may be delayed for not more than 30 days in extraordinary circumstances.
**(c) Proof Requirements.—**
(1) A citizen applying for a certificate must prove that the citizen is fit, willing, and able to provide the transportation referred to in [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) and to comply with this part.
(2) A person opposing a citizen applying for a certificate must prove that the transportation referred to in [section 41102(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102/b/2&num=0&edition=prelim) is not consistent with the public convenience and necessity. The transportation is deemed to be consistent with the public convenience and necessity unless the Secretary finds, by a preponderance of the evidence, that the transportation is not consistent with the public convenience and necessity.
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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) Filing and Venue.—** Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or 41509(f) of this title, a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) in whole or in part under this part, part B, or subsection (l) or (r) of section 114 may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60th day only if there are reasonable grounds for not filing by the 60th day.
**(b) Judicial Procedures.—** When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall send a copy of the petition to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate. The Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall file with the court a record of any proceeding in which the order was issued, as provided in [section 2112 of title
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 46110
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Transportation shall submit to the President for review each decision of the Secretary to issue, deny, amend, modify, suspend, revoke, or transfer 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) authorizing an air carrier, or a permit issued under [section 41302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41302&num=0&edition=prelim) authorizing a foreign air carrier, to provide foreign air transportation. The President may disapprove the decision of the Secretary only if the reason for disapproval is based on foreign relations or national defense considerations that are under the jurisdiction of the President. The President may not disapprove a decision of the Secretary if the reason is economic or related to carrier selection. A decision of the Secretary—
(1) is void if the President disapproves the decision and publishes the reasons (to the extent allowed by national security) for disapproval not later than 60 days after it is submitted to the President; or
(2)
(A) takes effect as a decision of the Secretary if the President does not disapprove the decision not later than 60 days after the decision is submitted to the President; and
(B) when effective, 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41307
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41111
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Federal law — U.S. Code and appendices · legal_authorities
Page 1122
TITLE 49—TRANSPORTATION
§ 41107
§ 41107. Transportation of mail
When the United States Postal Service finds
that the needs of the Postal Service require the
transportation of mail by aircraft in foreign air
transportation or between places in Alaska, in
addition to the transportation of mail author-
ized under certificates in effect, the Postal Serv-
ice shall certify that finding to the Secretary of
Transportation with a statement about the addi-
tional transportation and facilities necessary to
provide the additional transportation. A copy of
each certification and statement shall be posted
for at least 20 days in the office of the Sec-
retary. After notice and an opportunity for a
hearing, the Secretary shall issue a new certifi-
cate under section 41102 of this title, or amend
or modify an existing certificate under section
41110(a)(2)(A) of this title, to provide the addi-
tional transportation and facilities if the Sec-
retary finds the additional transportation is re-
quired by the public convenience and necessity.
(Pub. L. 103–272, §§ 1(e), 4(k)(1), July 5, 1994, 108
Stat. 1121, 1370; Pub. L. 106–31, title VI, § 6003,
May 21, 1999, 113 Stat. 113.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272, § 1(e)
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41107 ..........
49 App.:1371(m).
Aug. 23, 1958, Pub. L. 85–726,
§ 401(m), 72 Stat. 757.
49 App.:1551(a)(4)(A)
(related to 49
App.:1371(m)),
(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(a)(4)(A)
(related
to
§ 401(m)),
(b)(1)(E);
added
Oct.
4,
1984, Pub. L. 98–443, § 3(c),
(e), 98 Stat. 1703, 1704.
The words ‘‘from time to time’’ are omitted as sur-
plus. The words ‘‘United States Postal Service’’ and
‘‘Postal Service’’ are substituted for
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41108
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.