49 U.S.C. § 41111 — Untitled legal text

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 act on an application for a certificate to provide air transportation under section 41102 of this title, 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 Sec- retary 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 sec- tion 41108(b) of this title as a part of a response opposing or supporting the issuance of a certifi- cate. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1125.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41111(a) ...... 49 App.:1371(p)(1) (1st, 2d sen- tences). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(p); added Oct. 24, 1978, Pub. L. 95–504, § 21(a)(1), 92 Stat. 1723. 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. 41111(b) ...... 49 App.:1371(p)(2) (1st sentence). 49 App.:1551(b)(1)(E). 41111(c) ...... 49 App.:1371(p)(1) (last sentence), (2) (last sentence). 49 App.:1551(b)(1)(E). In this section, the words ‘‘acting on’’ and ‘‘act on’’ are substituted for ‘‘disposition of’’ for consistency. In subsection (a)(1)(A), the word ‘‘provide’’ is sub- stituted for ‘‘engage in’’ for consistency in the revised title. In subsection (a)(1)(B), the word ‘‘alteration’’ is omit- ted as surplus. In subsection (a)(2), the word ‘‘adequate’’ is omitted as surplus. In subsection (b), the words ‘‘to act on an application for a certificate to provide air transportation under section 41102 of this title, or to amend, modify, suspend, or transfer any part of that certificate under section 41105 or 41110(a) or (c) of this title’’ are added for clar- ity. In subsection (c)(2), the words ‘‘by such person’’ are omitted as surplus. The words ‘‘a response opposing or supporting the issuance of a certificate’’ are sub- stituted for ‘‘a protest or memorandum filed with re- spect to such application’’ for consistency. § 41112. Liability insurance and financial respon- sibility (a) LIABILITY INSURANCE.—The Secretary of Transportation may issue a certificate to a cit- izen of the United States to provide air trans- portation as an air carrier under section 41102 of this title only if the citizen complies with regu- lations and orders of the Secretary governing the filing of an insurance policy or self-insur- ance plan approved by the Secretary. The policy or plan must be sufficient to pay, not more than the amount of the insurance, for bodily injury to, or death of, an individual or for loss of, or damage to, property of others, resulting from the operation or maintenance of the aircraft under the certificate. A certificate does not re- main in effect unless the carrier complies with this subsection. (b) FINANCIAL RESPONSIBILITY.—To protect passengers and shippers using an aircraft oper- ated by an air carrier issued a certificate under section 41102 of this title, the Secretary may re- quire the carrier to file a performance bond or equivalent security in the amount and on terms the Secretary prescribes. The bond or security must be sufficient to ensure the carrier ade- quately will pay the passengers and shippers when the transportation the carrier agrees to provide is not provided. The Secretary shall pre- scribe the amounts to be paid under this sub- section. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1126.)