49 U.S.C. § 41104 — Additional limitations and requirements

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 after November 9, 1977’’ are omitted as executed. The words ‘‘under this section’’ are omitted as surplus. The words ‘‘author- izing the citizen’’ are added for clarity and consistency in this chapter. In subsection (b), the words ‘‘pursuant to paragraph (4) of subsection (a) of this section’’ are omitted as sur- plus. The word ‘‘citizen’’ is substituted for ‘‘applicant’’ for clarity and consistency because only a citizen of the United States may be an ‘‘air carrier’’ as defined in sec- tion 40102(a) of the revised title and only an air carrier can provide all–cargo air transportation. The words ‘‘to provide’’ are added for clarity and consistency in this subchapter. The word ‘‘rules’’ is omitted as being syn- onymous with ‘‘regulations’’. The word ‘‘promulgated’’ is omitted as surplus. In subsection (c), the words ‘‘reasonable’’, ‘‘and limi- tations’’, and ‘‘and conditions’’ are omitted as surplus. The word ‘‘places’’ is substituted for ‘‘points’’ for con- sistency in the revised title. PUB. L. 103–429 This amends 49:41103(a) to make the term consistent throughout subtitle VII of title 49. Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–429 substituted ‘‘all- cargo’’ for ‘‘all-property’’. 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. § 41104. Additional limitations and requirements of charter air carriers (a) RESTRICTIONS.—The Secretary of Transpor- tation may prescribe a regulation or issue an order restricting the marketability, flexibility, accessibility, or variety of charter air transpor- tation provided under a certificate issued under section 41102 of this title only to the extent re- quired by the public interest. A regulation pre- scribed 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 para- graphs (3) and (4), an air carrier, including an indirect air carrier, may not provide, in air- craft designed for more than 9 passenger seats, regularly scheduled charter air transpor- tation, for which the public is provided in ad- vance a schedule containing the departure lo- cation, departure time, and arrival location of the flight, to or from an airport that— (A) does not have an airport operating cer- tificate 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 Fed- eral Regulations (or any subsequent similar regulation) if the airport— (i) is a reliever airport (as defined in sec- tion 47102) and is designated as such in the national plan of integrated airports main- tained 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 per- cent of the total United States passenger enplanements and at least 2 of which are operated by the sponsor of the reliever air- port. (2) DEFINITION.—In this paragraph, the term ‘‘regularly scheduled charter air transpor- tation’’ does not include operations for which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer’s rep- resentative. (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 pub- lic interest so requires. (c) ALASKA.—An air carrier holding a certifi- cate issued under section 41102 of this title may provide charter air transportation between places in Alaska only to the extent the Sec- retary decides the transportation is required by public convenience and necessity. The Secretary may make that decision when issuing, amend- 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1120; Pub. L. 106–181, title VII, § 723, Apr. 5, 2000, 114 Stat. 165; Pub. L. 106–528, § 8(c), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 108–176, title VIII, § 822, Dec. 12, 2003, 117 Stat. 2594.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41104(a) ...... 49 App.:1371(n)(2), (4). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(n)(2)–(4); added July 10, 1962, Pub. L. 87–528, § 4, 76 Stat. 144; restated Oct. 24, 1978, Pub. L. 95–504, § 20(b), 92 Stat. 1721. 49 App.:1551(a)(1)(E) (related to 49 App.:1371(n)(4)). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(1)(E) (related to § 401(n)(4)); added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1744. 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. 41104(b) ...... 49 App.:1371(n)(3). 49 App.:1551(b)(1)(E). 41104(c) ...... 49 App.:1371(n)(5). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(n)(5); added July 10, 1962, Pub. L. 87–528, § 4, 76 Stat. 145; Oct. 24, 1978, Pub. L. 95–504, § 20(c), 92 Stat. 1722. 49 App.:1371(n)(6). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(n)(6); added July 10, 1962, Pub. L. 87–528, § 4, 76 Stat. 145. 49 App.:1551(b)(1)(E). In subsection (a), the word ‘‘rule’’ is omitted as being synonymous with ‘‘regulation’’. The words ‘‘charter air transportation’’ are substituted for ‘‘charter trips’’ for consistency in this part. The text of 49 App.:1371(n)(4) and 1551(n)(1)(E) (related to 49 App.:1371(n)(4)) is omit- ted because inclusive tour charters have been abolished and charter air carriers have received authority to sell public charter flights directly to the public. In subsection (b), before clause (1), the words ‘‘Not- withstanding any other provision of this subchapter’’ are omitted as surplus. The words ‘‘An air carrier hold- ing’’ are added for clarity. The words ‘‘State of’’ are omitted as surplus. The word ‘‘modifying’’ is added for consistency in the revised title. The words ‘‘citizen of the United States’’ are substituted for ‘‘person’’ for clarity and consistency because only a citizen of the United States may be an ‘‘air carrier’’ as defined in sec- tion 40102(a) of the revised title. In subsection (c), the words ‘‘the requirements de- scribed in’’ are added for clarity. In subsection (c)(1), the text of 49 App.:1371(n)(6) is omitted as surplus because of 49:322(a). In subsection (c)(2), the word ‘‘amended’’ is added for consistency in the revised title. Editorial Notes AMENDMENTS 2003—Subsec. (b)(1). Pub. L. 108–176, § 822(a), inserted a comma after ‘‘regularly scheduled charter air transpor- tation’’, substituted ‘‘paragraphs (3) and (4)’’ for ‘‘para- graph (3)’’ and ‘‘flight, to or from an airport that—’’ for ‘‘flight unless such air transportation is to and from an airport that has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation).’’, and added subpars. (A) and (B). Subsec. (b)(4). Pub. L. 108–176, § 822(b), added par. (4). 2000—Subsec. (b). Pub. L. 106–181, § 723(2), added sub- sec. (b). Former subsec. (b) redesignated (c). Subsec. (b)(1). Pub. L. 106–528, § 8(c)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: ‘‘An air carrier, including an indirect air carrier, which operates aircraft designed for more than nine passenger seats, may not provide regularly scheduled charter air transportation for which the gen- eral public is provided in advance a schedule containing the departure location, departure time, and arrival lo- cation of the flights to or from an airport that is not located in Alaska and that does not have an operating certificate issued under part 139 of title 14, Code of Fed- eral Regulations (or any subsequent similar regula- tions).’’ Subsec. (b)(3). Pub. L. 106–528, § 8(c)(2), added par. (3). Subsecs. (c), (d). Pub. L. 106–181, § 723(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. EFFECTIVE DATE OF 2000 AMENDMENTS Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of this title. Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. § 41105. Transfers of certificates (a) GENERAL.—A certificate issued under sec- tion 41102 of this title may be transferred only when the Secretary of Transportation approves the transfer as being consistent with the public interest.