49 U.S.C. § 41105 — Transfers of certificates

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. Page 1121 TITLE 49—TRANSPORTATION § 41106 (b) CERTIFICATION TO CONGRESS.—When a cer- tificate is transferred, the Secretary shall cer- tify to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives that the transfer is consistent with the public interest. The Sec- retary shall include with the certification a re- port analyzing the effects of the transfer on— (1) the viability of each carrier involved in the transfer; (2) competition in the domestic airline in- dustry; and (3) the trade position of the United States in the international air transportation market. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41105(a) ...... 49 App.:1371(h)(1). Aug. 23, 1958, Pub. L. 85–726, § 401(h)(1), 72 Stat. 756; Nov. 5, 1990, Pub. L. 101–508, § 9127(1), 104 Stat. 1388–371. 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. 41105(b) ...... 49 App.:1371(h)(2), (3). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(h)(2), (3); added Nov. 5, 1990, Pub. L. 101–508, § 9127(2), 104 Stat. 1388–371. Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–287 substituted ‘‘Trans- portation and Infrastructure’’ for ‘‘Public Works and Transportation’’. § 41106. Airlift service (a) INTERSTATE TRANSPORTATION.—(1) Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible aircraft in interstate air trans- portation obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service in the United States may be provided only by an air carrier that— (A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and (B) holds a certificate issued under section 41102 of this title. (2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of this title to provide airlift service. (b) TRANSPORTATION BETWEEN THE UNITED STATES AND FOREIGN LOCATIONS.—Except as pro- vided in subsection (d), the transportation of passengers or property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Sec- retary of Defense or the Secretary of a military department through a contract for airlift serv- ice shall be provided by an air carrier referred to in subsection (a). (c) TRANSPORTATION BETWEEN FOREIGN LOCA- TIONS.—The transportation of passengers or property by CRAF-eligible aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a mili- tary department through a contract for airlift service shall be provided by an air carrier re- ferred to in subsection (a) whenever transpor- tation by such an air carrier is reasonably avail- able. (d) EXCEPTION.—When the Secretary of Defense decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to provide, the airlift service, the Sec- retary of Defense may make a contract to pro- vide the service with an air carrier not having a certificate. (e) CRAF-ELIGIBLE AIRCRAFT DEFINED.—In this section, ‘‘CRAF-eligible aircraft’’ means aircraft of a type the Secretary of Defense has deter- mined to be eligible to participate in the civil reserve air fleet. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 106–398, § 1 [[div. A], title III, § 385(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–87; Pub. L. 112–81, div. A, title III, § 365, Dec. 31, 2011, 125 Stat. 1380.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41106 .......... 49 App.:1371(o). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(o); added July 12, 1976, Pub. L. 94–353, § 18(a), 90 Stat. 883. 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. In subsection (a), before clause (1), the word ‘‘pas- sengers’’ is substituted for ‘‘persons’’ for consistency in the revised title. The words ‘‘Secretary of Defense’’ are substituted for ‘‘Department of Defense’’ because of 10:113(a). The words ‘‘an air carrier’’ are substituted for ‘‘carriers’’ for clarity. In subsection (b), the words ‘‘to provide the service’’ are added for clarity. Editorial Notes AMENDMENTS 2011—Subsecs. (a)(1), (b). Pub. L. 112–81, § 365(a)(1), substituted ‘‘CRAF-eligible aircraft’’ for ‘‘transport category aircraft’’. Subsec. (c). Pub. L. 112–81, § 365(a), substituted ‘‘CRAF-eligible aircraft’’ for ‘‘transport category air- craft’’ and ‘‘referred to in subsection (a)’’ for ‘‘that has aircraft in the civil reserve air fleet’’. Subsec. (e). Pub. L. 112–81, § 365(b), added subsec. (e). 2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(1), (b)], in heading substituted ‘‘Interstate Transportation’’ for ‘‘General’’ and in introductory provisions of par. (1), substituted ‘‘Except as provided in subsection (d) of this section,’’ for ‘‘Except as pro- vided in subsection (b) of this section,’’ and struck out ‘‘of at least 31 days’’ after ‘‘through a contract’’. Subsecs. (b) to (d). Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(2), (3)], added subsecs. (b) and (c) and redes- ignated former subsec. (b) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title III, § 385(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–87, provided that: ‘‘The amendments made by this section [amending this sec- tion] shall take effect on October 1, 2000.’’