49 U.S.C. § 41106 — Airlift service

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.’’ 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 ‘‘Postmaster Gen- eral’’ in section 401(m) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 757) because of sections 4(a) and 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 783). The words ‘‘in foreign air transportation or between places in Alaska’’ are sub- stituted for ‘‘between any points within the United States or between the United States and foreign coun- tries’’ for consistency in the revised title and because 49 App.:1551(a)(4)(A) provides that 49 App.:1371(m) no longer applies to interstate or overseas air transpor- tation (except transportation of mail between 2 places in Alaska). In addition, Congress did not intend to maintain the regulation of domestic air transportation of mail. See section 40102(a) of the revised title defining ‘‘air transportation’’ to mean interstate or foreign air transportation or the transportation of mail by air- craft. The word ‘‘currently’’ is omitted as surplus. The words ‘‘opportunity for a’’ are added for consistency in the revised title and with other titles of the United States Code. The words ‘‘or certificates’’ are omitted as surplus because of 1:1. The word ‘‘modify’’ is added for consistency in the revised title. PUB. L. 103–272, § 4(k) Revised Section Source (U.S. Code) Source (Statutes at Large) 41107 .......... 49 App.:1551(a)(8). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(8); added Oct. 4, 1984, Pub. L. 98–443, § 3(c), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, § 346 (related to § 1601(a)(8) of Federal Aviation Act of 1958), 102 Stat. 2155. PUB. L. 103–272, § 4(k)—Continued Revised Section Source (U.S. Code) Source (Statutes at Large) 49 App.:1551(b)(3). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, § 3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, § 346 (related to § 1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155. Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title) ceases on Jan- uary 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska from the Secretary of Transportation to the Postal Service effective January 1, 1999. Editorial Notes AMENDMENTS 1999—Pub. L. 106–31 repealed Pub. L. 103–272, § 4(k). See 1994 Amendment note below. 1994—Pub. L. 103–272, § 4(k)(1), which directed the amendment of this section by substituting ‘‘foreign air transportation,’’ for ‘‘foreign air transportation or be- tween places in Alaska,’’, effective Jan. 1, 1999, was re- pealed by Pub. L. 106–31, § 6003, effective Dec. 31, 1998. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–31, title VI, § 6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–272, § 4(k), July 5, 1994, 108 Stat. 1370, which provided that the amendments made by that sec- tion (amending this section and sections 41901, 41902, and 41903 of this title) were effective Jan. 1, 1999, was repealed by Pub. L. 106–31, title VI, § 6003, May 21, 1999, 113 Stat. 113, effective Dec. 31, 1998. § 41108. Applications for certificates (a) FORM, CONTENTS, AND PROOF OF SERVICE.— To be issued a certificate of public convenience and necessity under section 41102 of this title, 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 in- terested persons as required by regulations of the Secretary and on each community that may be affected by the issuance of the certifi- cate. (b) NOTICE, RESPONSE, AND ACTIONS ON APPLI- CATIONS.—(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