-CITE-
    49 USC CHAPTER 411 - AIR CARRIER CERTIFICATES               01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
                  CHAPTER 411 - AIR CARRIER CERTIFICATES              

-MISC1-
    Sec.                                                     
    41101.      Requirement for a certificate.                        
    41102.      General, temporary, and charter air transportation
                 certificates of air carriers.                        
    41103.      All-cargo air transportation certificates of air
                 carriers.                                            
    41104.      Additional limitations and requirements of charter air
                 carriers.                                            
    41105.      Transfers of certificates.                            
    41106.      Airlift service.                                      
    41107.      Transportation of mail.                               
    41108.      Applications for certificates.                        
    41109.      Terms of certificates.                                
    41110.      Effective periods and amendments, modifications,
                 suspensions, and revocations of certificates.        
    41111.      Simplified procedure to apply for, amend, modify,
                 suspend, and transfer certificates.                  
    41112.      Liability insurance and financial responsibility.     
    41113.      Plans to address needs of families of passengers
                 involved in aircraft accidents.                      

                                AMENDMENTS                            
      1996 - Pub. L. 104-264, title VII, Sec. 703(b), Oct. 9, 1996, 110
    Stat. 3268, added item 41113.

-End-



-CITE-
    49 USC Sec. 41101                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41101. Requirement for a certificate

-STATUTE-
      (a) General. - Except as provided in this chapter or another law -
     
        (1) an air carrier may provide air transportation only if the
      air carrier holds a certificate issued under this chapter
      authorizing the air transportation;
        (2) a charter air carrier may provide charter air
      transportation only if the charter air carrier holds a
      certificate issued under this chapter authorizing the charter air
      transportation; and
        (3) an air carrier may provide all-cargo air transportation
      only if the air carrier holds a certificate issued under this
      chapter authorizing the all-cargo air transportation.

      (b) Through Service and Joint Transportation. - A citizen of the
    United States providing transportation in a State of passengers or
    property as a common carrier for compensation with aircraft capable
    of carrying at least 30 passengers, under authority granted by the
    appropriate State authority - 
        (1) may provide transportation for passengers and property that
      includes through service by the citizen over its routes in the
      State and in air transportation by an air carrier or foreign air
      carrier; and
        (2) subject to sections 41309 and 42111 of this title, may make
      an agreement with an air carrier or foreign air carrier to
      provide the joint transportation.

      (c) Proprietary or Exclusive Right Not Conferred. - A certificate
    issued under this chapter does not confer a proprietary or
    exclusive right to use airspace, an airway of the United States, or
    an air navigation facility.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1118.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41101(a)(1)    49 App.:1371(a).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 401(a), (i), 72
                                            Stat. 754, 756.             
    41101(a)(2)    49 App.:1301(14)        Aug. 23, 1958, Pub. L.       
                    (related to             85-726, 72 Stat. 731, Sec.  
                    certificate).           101(14) (related to         
                                            certificate); added Oct. 24,
                                            1978, Pub. L. 95-504, Sec.  
                                            2(a)(1), 92 Stat. 1705.     
    41101(a)(3)    (no source).                                         
    41101(b)       49 App.:1371(d)         Aug. 23, 1958, Pub. L.       
                    (4)(A)(i), (ii)         85-726, 72 Stat. 731, Sec.  
                    (related to joint       401(d) (4)(A)(i), (ii)      
                    services).              (related to joint services);
                                            added Nov. 9, 1977, Pub. L. 
                                            95-163, Sec. 9, 91 Stat.    
                                            1281; restated Oct. 24,     
                                            1978, Pub. L. 95-504, Sec.  
                                            9, 92 Stat. 1713.           
    41101(c)       49 App.:1371(i).                                     
    --------------------------------------------------------------------

      In subsections (a)(2) and (c), the words "issued under this
    chapter" are added for clarity.
      In subsection (a), the word "provide" is substituted for "engage
    in" for consistency in the revised title. The words before clause
    (1) are added to inform the reader that other provisions of the
    chapter and other laws qualify the requirement of being licensed by
    the Secretary of Transportation. In clause (1), the word "holds" is
    substituted for "there is in force" to eliminate unnecessary words.
    The words "under this chapter" are substituted for "by the Board"
    for clarity. In clause (2), the words "of public convenience and
    necessity" are omitted as surplus. Clause (3) is included to inform
    the reader at the beginning of this chapter about all of the types
    of certificates and permits that the Secretary may issue under this
    subchapter.
      In subsection (b), the word "passengers" is substituted for
    "persons" for consistency in the revised title. Before clause (1),
    the words "Notwithstanding any other provision of this chapter" are
    omitted as surplus. The words "providing transportation" are
    substituted for "undertakes . . . the carriage of" for consistency
    in the revised title. The words "or hire" are omitted as surplus
    and for consistency. The words "for such carriage within such
    State" are omitted as surplus. In clause (1), the words "through
    service" are substituted for "transportation" the first time it
    appears for clarity. In clause (2), the words "the requirements of"
    and "for such through services" are omitted as surplus.
      In subsection (c), the word "property" is omitted as surplus. The
    words "landing area" are omitted because they are included in the
    definition of "air navigation facility" in section 40102(a) of the
    revised title.

-End-



-CITE-
    49 USC Sec. 41102                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41102. General, temporary, and charter air transportation
      certificates of air carriers

-STATUTE-
      (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:
        (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 each
    decision authorizing the provision of foreign air transportation to
    the President under section 41307 of this title.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1119.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
       Revised       Source (U.S. Code)      Source (Statutes at Large) 
       Section                                                          
    --------------------------------------------------------------------
    41102(a)        49 App.:1371(d)(1)      Aug. 23, 1958, Pub. L.      
                     (words before 1st       85-726, Sec. 401(d)(1),    
                     comma and after         (2), 72 Stat. 755; Oct. 24,
                     semicolon), (2)         1978, Pub. L. 95-504, Sec. 
                     (1st-32d words).        8, 92 Stat. 1712; restated 
                                             Feb. 15, 1980, Pub. L.     
                                             96-192, Sec. 4, 94 Stat. 37.
                    49 App.:1371(d)(3)      Aug. 23, 1958, Pub. L.      
                     (words before 6th       85-726, 72 Stat. 731, Sec. 
                     comma).                 401(d)(3); added July 10,  
                                             1962, Pub. L. 87-528, Sec. 
                                             2, 76 Stat. 143; Oct. 24,  
                                             1978, Pub. L. 95-504, Sec. 
                                             8, 92 Stat. 1712; restated 
                                             Feb. 15, 1980, Pub. L.     
                                             96-192, Sec. 4, 94 Stat. 37.
                    49                      Aug. 23, 1958, Pub. L.      
                     App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec. 
                                             1601(b) (1)(E); added Oct. 
                                             4, 1984, Pub. L. 98-443,   
                                             Sec. 3(e), 98 Stat. 1704.  
    41102(b)(1)     49 App.:1371(d)(1)                                  
                     (words between 1st                                 
                     and last commas),                                  
                     (2) (42d-last                                      
                     words), (3) (words                                 
                     after 7th comma).                                  
                    49                                                  
                     App.:1551(b)(1)(E).                                
    41102(b)(2)     49 App.:1371(d)(1)                                  
                     (words between last                                
                     comma and                                          
                     semicolon), (2)                                    
                     (33d-41st words),                                  
                     (3) (words between                                 
                     6th and 7th commas).                                
                    49                      Aug. 23, 1958, Pub. L.      
                     App.:1551(a)(1)(A).     85-726, 72 Stat. 731, Sec. 
                                             1601(a) (1)(A), (B); added 
                                             Oct. 24, 1978, Pub. L.     
                                             95-504, Sec. 40(a), 92     
                                             Stat. 1744.                
                    49                                                  
                     App.:1551(b)(1)(E).                                
    41102(c)        49 App.:1371(d)(8)      Aug. 23, 1958, Pub. L.      
                     (1st sentence).         85-726, 72 Stat. 731, Sec. 
                                             401(d)(8) (1st sentence);  
                                             added Oct. 24, 1978, Pub.  
                                             L. 95-504, Sec. 13, 92     
                                             Stat. 1718.                
                    49                                                  
                     App.:1551(a)(1)(B),                                
                     (b)(1)(E).                                         
    41102(d)        (no source).                                        
    --------------------------------------------------------------------

      In this section, the words "citizen of the United States" and
    "citizen" are substituted for "applicant" for clarity and
    consistency because only a citizen of the United States may be an
    "air carrier" as defined in section 40102(a) of the revised title,
    and only an air carrier may be a "charter air carrier" as defined
    in section 40102(a). The word "provide" is substituted for
    "perform" for consistency in the revised title.
      In subsection (a), before clause (1), the words "of public
    convenience and necessity" are added for clarity. The words "any
    part of" are substituted for "the whole or any part of" to
    eliminate unnecessary words. In clauses (2) and (3), the words "In
    the case of" are omitted as surplus. In clause (3), the words "for
    such periods" are omitted as surplus.
      In subsection (b)(1), the word "comply" is substituted for
    "conform" for consistency in the revised title. The words
    "properly" and "requirements" are omitted as surplus. The word
    "rules" is omitted as being synonymous with "regulations".
      In subsection (b)(2), the words "foreign air transportation" are
    added because 49 App.:1551(a)(1)(A) provides that 49
    App.:1371(d)(1)-(3) no longer applies to interstate or overseas
    transportation of persons. After January 1, 1985, other interstate
    and overseas air transportation and the domestic air transportation
    of mail do not require a certificate of public convenience and
    necessity. See H. Rept. 98-793, 98th Cong., 2d Sess., p.10 (1984).
      In subsection (c), before clause (1), the words "issue a
    certificate" are substituted for "grant an application" for
    consistency in this chapter. The words "for interstate air
    transportation (except the transportation of passengers) or foreign
    air transportation" are added for clarity and consistency. The word
    "only" is omitted as surplus. In clause (1), the word "prices" is
    substituted for "rates, fares, charges" because of the definition
    of "price" in section 40102(a) of the revised title. The words "in
    fact" are omitted as surplus. In clause (2), the words "to assess
    the impact of the new services on the national air route structure,
    or otherwise" are omitted as surplus.
      Subsection (d) is added for clarity.

-End-



-CITE-
    49 USC Sec. 41103                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41103. All-cargo air transportation certificates of air
      carriers

-STATUTE-
      (a) Applications. - A citizen of the United States may apply to
    the Secretary of Transportation for a certificate authorizing the
    citizen to provide all-cargo air transportation. The application
    must contain information and be in the form the Secretary by
    regulation requires.
      (b) Issuance. - Not later than 180 days after an application for
    a certificate is filed under this section, the Secretary shall
    issue the certificate to a citizen of the United States authorizing
    the citizen, as an air carrier, to provide any part of the all-
    cargo air transportation applied for unless the Secretary finds
    that the citizen is not fit, willing, and able to provide the all-
    cargo air transportation to be authorized by the certificate and
    to comply with regulations of the Secretary.
      (c) Terms. - The Secretary may impose terms the Secretary
    considers necessary when issuing a certificate under this section.
    However, the Secretary may not impose terms that restrict the
    places served or prices charged by the holder of the certificate.
      (d) Exemptions and Status. - A citizen issued a certificate under
    this section - 
        (1) is exempt in providing the transportation under the
      certificate from the requirements of - 
          (A) section 41101(a)(1) of this title and regulations or
        procedures prescribed under section 41101(a)(1); and
          (B) other provisions of this part and regulations or
        procedures prescribed under those provisions when the Secretary
        finds under regulations of the Secretary that the exemption 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1119; Pub. L.
    103-429, Sec. 6(49), Oct. 31, 1994, 108 Stat. 4384.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41103(a)       49 App.:1388(a)(4).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            418(a)(4); added Nov. 9,    
                                            1977, Pub. L. 95-163, Sec.  
                                            17(a), 91 Stat. 1285; Mar.  
                                            14, 1978, Pub. L. 95-245,   
                                            Sec. 1, 92 Stat. 156.       
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b) (1)(E); added Oct.  
                                            4, 1984, Pub. L. 98-443,    
                                            Sec. 3(e), 98 Stat. 1704.   
    41103(b)       49                      Aug. 23, 1958, Pub. L.       
                    App.:1388(b)(1)(B).     85-726, 72 Stat. 731, Sec.  
                                            418(b)(1)(B); added Nov. 9, 
                                            1977, Pub. L. 95-163, Sec.  
                                            17(a), 91 Stat. 1285; Mar.  
                                            14, 1978, Pub. L. 95-245,   
                                            Sec. 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, Sec.  
                                            418(b)(2), (c), (d); added  
                                            Nov. 9, 1977, Pub. L.       
                                            95-163, Sec. 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 "authorizing 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 surplus. 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 section 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 synonymous
    with "regulations". The word "promulgated" is omitted as surplus.
      In subsection (c), the words "reasonable", "and limitations", and
    "and conditions" are omitted as surplus. The word "places" is
    substituted for "points" for consistency in the revised title.

                              PUB. L. 103-429                          
      This amends 49:41103(a) to make the term consistent throughout
    subtitle VII of title 49.

                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-429 substituted "all-cargo" for
    "all-property".

                     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.

-End-



-CITE-
    49 USC Sec. 41104                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41104. Additional limitations and requirements of charter air
      carriers

-STATUTE-
      (a) Restrictions. - The Secretary of Transportation may prescribe
    a regulation or issue an order restricting the marketability,
    flexibility, accessibility, or variety of charter air
    transportation provided under a certificate issued under section
    41102 of this title only to the extent required by the public
    interest. A regulation prescribed 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 paragraphs (3) and (4),
      an air carrier, including an indirect air carrier, may not
      provide, in aircraft designed for more than 9 passenger seats,
      regularly scheduled charter air transportation, for which the
      public is provided in advance a schedule containing the departure
      location, departure time, and arrival location of the flight, to
      or from an airport that - 
          (A) does not have an airport operating certificate 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 Federal Regulations (or any subsequent
        similar regulation) if the airport - 
            (i) is a reliever airport (as defined in section 47102) and
          is designated as such in the national plan of integrated
          airports maintained 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 percent of the total United States passenger enplanements
          and at least 2 of which are operated by the sponsor of the
          reliever airport.

        (2) Definition. - In this paragraph, the term "regularly
      scheduled charter air transportation" does not include operations
      for which the departure time, departure location, and arrival
      location are specifically negotiated with the customer or the
      customer's representative.
        (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 public interest so requires.

      (c) Alaska. - An air carrier holding a certificate issued under
    section 41102 of this title may provide charter air transportation
    between places in Alaska only to the extent the Secretary decides
    the transportation is required by public convenience and necessity.
    The Secretary may make that decision when issuing, amending, or
    modifying the certificate. This subsection 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 between places in Alaska
      with aircraft with a certificate for gross takeoff weight of more
      than 40,000 pounds.

      (d) Suspensions. - (1) The Secretary shall suspend for not more
    than 30 days any part of the certificate of a charter air carrier
    if the Secretary decides that the failure of the carrier to comply
    with the requirements described in sections 41110(e) and 41112 of
    this title, or a regulation 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 totaling 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. However, the Secretary is not
    prevented from imposing 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1120; Pub. L.
    106-181, title VII, Sec. 723, Apr. 5, 2000, 114 Stat. 165; Pub. L.
    106-528, Sec. 8(c), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 108-176,
    title VIII, Sec. 822, Dec. 12, 2003, 117 Stat. 2594.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41104(a)       49 App.:1371(n)(2),     Aug. 23, 1958, Pub. L.       
                    (4).                    85-726, 72 Stat. 731, Sec.  
                                            401(n)(2)-(4); added July   
                                            10, 1962, Pub. L. 87-528,   
                                            Sec. 4, 76 Stat. 144;       
                                            restated Oct. 24, 1978, Pub.
                                            L. 95-504, Sec. 20(b), 92   
                                            Stat. 1721.                 
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(a)(1)(E)      85-726, 72 Stat. 731, Sec.  
                    (related to 49          1601(a)(1)(E) (related to   
                    App.:1371(n)(4)).       Sec. 401(n)(4)); added Oct. 
                                            24, 1978, Pub. L. 95-504,   
                                            Sec. 40(a), 92 Stat. 1744.  
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b) (1)(E); added Oct.  
                                            4, 1984, Pub. L. 98-443,    
                                            Sec. 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, Sec.  
                                            401(n)(5); added July 10,   
                                            1962, Pub. L. 87-528, Sec.  
                                            4, 76 Stat. 145; Oct. 24,   
                                            1978, Pub. L. 95-504, Sec.  
                                            20(c), 92 Stat. 1722.       
                   49 App.:1371(n)(6).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            401(n)(6); added July 10,   
                                            1962, Pub. L. 87-528, Sec.  
                                            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 omitted 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 "Notwithstanding
    any other provision of this subchapter" are omitted as surplus. The
    words "An air carrier holding" 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 section 40102(a) of the revised title.
      In subsection (c), the words "the requirements described 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.

                                AMENDMENTS                            
      2003 - Subsec. (b)(1). Pub. L. 108-176, Sec. 822(a), inserted a
    comma after "regularly scheduled charter air transportation",
    substituted "paragraphs (3) and (4)" for "paragraph (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, Sec. 822(b), added par. (4).
      2000 - Subsec. (b). Pub. L. 106-181, Sec. 723(2), added subsec.
    (b). Former subsec. (b) redesignated (c).
      Subsec. (b)(1). Pub. L. 106-528, Sec. 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 general public is provided in advance a schedule
    containing the departure location, departure time, and arrival
    location 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 Federal Regulations (or any
    subsequent similar regulations)."
      Subsec. (b)(3). Pub. L. 106-528, Sec. 8(c)(2), added par. (3).
      Subsecs. (c), (d). Pub. L. 106-181, Sec. 723(1), redesignated
    subsecs. (b) and (c) as (c) and (d), respectively.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise 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 fiscal 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.

-End-



-CITE-
    49 USC Sec. 41105                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41105. Transfers of certificates

-STATUTE-
      (a) General. - A certificate issued under section 41102 of this
    title may be transferred only when the Secretary of Transportation
    approves the transfer as being consistent with the public interest.
      (b) Certification to Congress. - When a certificate is
    transferred, the Secretary shall certify to the Committee on
    Commerce, Science, and Transportation of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives that the transfer is consistent with the public
    interest. The Secretary shall include with the certification a
    report analyzing the effects of the transfer on - 
        (1) the viability of each carrier involved in the transfer;
        (2) competition in the domestic airline industry; and
        (3) the trade position of the United States in the
      international air transportation market.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1121; Pub. L.
    104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41105(a)       49 App.:1371(h)(1).     Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 401(h)(1), 72  
                                            Stat. 756; Nov. 5, 1990,    
                                            Pub. L. 101-508, Sec.       
                                            9127(1), 104 Stat. 1388-371.
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    41105(b)       49 App.:1371(h)(2),     Aug. 23, 1958, Pub. L.       
                    (3).                    85-726, 72 Stat. 731, Sec.  
                                            401(h)(2), (3); added Nov.  
                                            5, 1990, Pub. L. 101-508,   
                                            Sec. 9127(2), 104 Stat.     
                                            1388-371.                   
    --------------------------------------------------------------------


                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-287 substituted "Transportation
    and Infrastructure" for "Public Works and Transportation".

-End-



-CITE-
    49 USC Sec. 41106                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41106. Airlift service

-STATUTE-
      (a) Interstate Transportation. - (1) Except as provided in
    subsection (d) of this section, the transportation of passengers or
    property by transport category aircraft in interstate air
    transportation 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 provided in subsection (d), the
    transportation of passengers or property by transport category
    aircraft between a place in the United States and a place outside
    the United States obtained by the Secretary of Defense or the
    Secretary of a military department through a contract for airlift
    service shall be provided by an air carrier referred to in
    subsection (a).
      (c) Transportation Between Foreign Locations. - The
    transportation of passengers or property by transport category
    aircraft between two places outside the United States obtained by
    the Secretary of Defense or the Secretary of a military department
    through a contract for airlift service shall be provided by an air
    carrier that has aircraft in the civil reserve air fleet whenever
    transportation by such an air carrier is reasonably available.
      (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
    Secretary of Defense may make a contract to provide the service
    with an air carrier not having a certificate.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1121; Pub. L.
    106-398, Sec. 1 [[div. A], title III, Sec. 385(a), (b)], Oct. 30,
    2000, 114 Stat. 1654, 1654A-87.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41106          49 App.:1371(o).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            401(o); added July 12, 1976,
                                            Pub. L. 94-353, Sec. 18(a), 
                                            90 Stat. 883.               
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the word "passengers" 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.

                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title III,
    Sec. 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 provided 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, Sec. 1 [[div. A], title
    III, Sec. 385(a)(2), (3)], added subsecs. (b) and (c) and
    redesignated former subsec. (b) as (d).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 385(c)], Oct.
    30, 2000, 114 Stat. 1654, 1654A-87, provided that: "The amendments
    made by this section [amending this section] shall take effect on
    October 1, 2000."

-End-



-CITE-
    49 USC Sec. 41107                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41107. Transportation of mail

-STATUTE-
      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 authorized under certificates in
    effect, the Postal Service shall certify that finding to the
    Secretary of Transportation with a statement about the additional
    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 Secretary. After
    notice and an opportunity for a hearing, the Secretary shall issue
    a new certificate 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 additional transportation and facilities if
    the Secretary finds the additional transportation is required by
    the public convenience and necessity.

-SOURCE-
    (Pub. L. 103-272, Secs. 1(e), 4(k)(1), July 5, 1994, 108 Stat.
    1121, 1370; Pub. L. 106-31, title VI, Sec. 6003, May 21, 1999, 113
    Stat. 113.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                        PUB. L. 103-272, SEC. 1(E)                    
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41107          49 App.:1371(m).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 401(m), 72     
                                            Stat. 757.                  
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(a)(4)(A)      85-726, 72 Stat. 731, Sec.  
                    (related to 49          1601(a)(4)(A) (related to   
                    App.:1371(m)),          Sec. 401(m)), (b)(1)(E);    
                    (b)(1)(E).              added Oct. 4, 1984, Pub. L. 
                                            98-443, Sec. 3(c), (e), 98  
                                            Stat. 1703, 1704.           
    --------------------------------------------------------------------

      The words "from time to time" are omitted as surplus. The words
    "United States Postal Service" and "Postal Service" are substituted
    for "Postmaster General" 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 substituted for "between any points
    within the United States or between the United States and foreign
    countries" 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 transportation (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 aircraft. 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, SEC. 4(K)                    
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41107          49 App.:1551(a)(8).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            1601(a)(8); added Oct. 4,   
                                            1984, Pub. L. 98-443, Sec.  
                                            3(c), 98 Stat. 1704; Sept.  
                                            30, 1988, Pub. L. 100-457,  
                                            Sec. 346 (related to Sec.   
                                            1601(a)(8) of Federal       
                                            Aviation Act of 1958), 102  
                                            Stat. 2155.                 
                   49 App.:1551(b)(3).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            1601(b)(3); added Oct. 4,   
                                            1984, Pub. L. 98-443, Sec.  
                                            3(f), 98 Stat. 1704; Sept.  
                                            30, 1988, Pub. L. 100-457,  
                                            Sec. 346 (related to Sec.   
                                            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 January 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.

                                AMENDMENTS                            
      1999 - Pub. L. 106-31 repealed Pub. L. 103-272, Sec. 4(k). See
    1994 Amendment note below.
      1994 - Pub. L. 103-272, Sec. 4(k)(1), which directed the
    amendment of this section by substituting "foreign air
    transportation," for "foreign air transportation or between places
    in Alaska,", effective Jan. 1, 1999, was repealed by Pub. L. 106-
    31, Sec. 6003, effective Dec. 31, 1998.

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-31, title VI, Sec. 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                 
      Section 4(k) of Pub. L. 103-272 which provided that the
    amendments made by that section (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, Sec. 6003, May 21, 1999,
    113 Stat. 113, effective Dec. 31, 1998.

-End-



-CITE-
    49 USC Sec. 41108                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41108. Applications for certificates

-STATUTE-
      (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 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; 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.
      (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; and
        (B) foreign air transportation shall be submitted to the
      President under section 41307 of this title.

      (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 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 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1121.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41108(a)       49 App.:1371(b).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 401(b), 72     
                                            Stat. 754; Oct. 24, 1978,   
                                            Pub. L. 95-504, Sec. 6, 92  
                                            Stat. 1710.                 
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    41108(b)       49 App.:1371(c).        Aug. 23, 1958, Pub. L.       
                                            85-726, 401(c), 72 Stat.    
                                            754; restated Oct. 24, 1978,
                                            Pub. L. 95-504, Sec. 7(a),  
                                            92 Stat. 1711.              
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    41108(c)       49 App.:1371(d)(9).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            401(d)(9); added Oct. 24,   
                                            1978, Pub. L. 95-504, Sec.  
                                            14, 92 Stat. 1719.          
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    --------------------------------------------------------------------

      In subsection (a), the words "of public convenience and necessity
    under section 41102 of this title" are added for clarity.
      In subsection (b)(1), before clause (A), the words "give due
    notice thereof to the public by" are omitted as surplus. The word
    "response" is substituted for "protest or memorandum" to eliminate
    unnecessary words. The words "requested by such application" are
    omitted as surplus. Clause (A) is substituted for 49
    App.:1371(c)(1)(A) for clarity and consistency. Clause (B) is
    substituted for 49 App.:1371(c)(1)(B) to eliminate unnecessary
    words.
      In subsection (b)(2), the words "An order of dismissal issued by
    the Secretary under paragraph (1)(C) of this subsection" are
    substituted for "Any order of dismissal of an application issued by
    the Board without setting such application for a hearing or
    beginning to make a determination with respect to such application
    under such simplified procedures" to eliminate unnecessary words.
      In subsection (b)(3), before clause (A), the words "If the
    Secretary provides an opportunity for a hearing under paragraph
    (1)(A) of this subsection" are substituted for "If the Board
    determines that any application should be set for a public hearing
    under clause (A) of the second sentence of paragraph (1) of this
    subsection" to eliminate unnecessary words. The words "provides the
    opportunity" are substituted for "of such determination" for
    clarity. The words "for a certificate" are omitted as surplus. The
    words "to provide" are substituted for "to engage in" for
    consistency in the revised title.
      In subsection (b)(4), the words "If the Secretary acts under
    paragraph (1)(B) of this subsection" are added for clarity. The
    words "after beginning the procedure on the application" are
    substituted for "after the Board begins to make a determination
    with respect to an application under the simplified procedures
    established by the Board in regulations pursuant to subsection (p)
    of this section" to eliminate unnecessary words.
      In subsection (b)(5), the word "particular" is omitted as
    surplus. The words "by order" are omitted as surplus because of
    5:ch. 5, subch. II.
      In subsection (c)(1), the words "In any determination as to
    whether or not" are omitted as surplus. The word "provide" is
    substituted for "perform" for consistency in the revised title. The
    word "properly" is omitted as surplus. The word "comply" is
    substituted for "conform" for consistency in the revised title.
      In subsection (c)(2), the words "In any determination as to
    whether" are omitted as surplus. The reference is to section
    41102(b)(2), rather than 41102(a), of the revised title to reflect
    the termination of authority under 49 App.:1551(a)(1)(A).

-End-



-CITE-
    49 USC Sec. 41109                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41109. Terms of certificates

-STATUTE-
      (a) General. - (1) Each certificate issued under section 41102 of
    this title shall specify the type of transportation to be provided.
      (2) The Secretary of Transportation - 
        (A) may prescribe terms for providing air transportation under
      the certificate that the Secretary finds may be required in the
      public interest; but
        (B) may not prescribe a term preventing an air carrier from
      adding or changing schedules, equipment, accommodations, and
      facilities for providing the authorized transportation to satisfy
      business development and public demand.

      (3) A certificate issued under section 41102 of this title to
    provide foreign air transportation shall specify the places between
    which the air carrier is authorized to provide the transportation
    only to the extent the Secretary considers practicable and
    otherwise only shall specify each general route to be followed. The
    Secretary shall authorize an air carrier holding a certificate to
    provide foreign air transportation to handle and transport mail of
    countries other than the United States.
      (4) A certificate issued under section 41102 of this title to
    provide foreign charter air transportation shall specify the places
    between which the air carrier is authorized to provide the
    transportation only to the extent the Secretary considers
    practicable and otherwise only shall specify each geographical area
    in which, or between which, the transportation may be provided.
      (5) As prescribed by regulation by the Secretary, an air carrier
    other than a charter air carrier may provide charter trips or other
    special services without regard to the places named or type of
    transportation specified in its certificate.
      (b) Modifying Terms. - (1) An air carrier may file with the
    Secretary an application to modify any term of its certificate
    issued under section 41102 of this title to provide interstate or
    foreign air transportation. Not later than 60 days after an
    application is filed, the Secretary shall - 
        (A) provide the carrier an opportunity for an oral evidentiary
      hearing on the record; or
        (B) begin to consider the application under section 41111 of
      this title.

      (2) The Secretary shall modify each term the Secretary finds to
    be inconsistent with the criteria under section 40101(a) and (b) of
    this title.
      (3) An application under this subsection may not be dismissed
    under section 41108(b)(1)(C) of this title.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1123; Pub. L.
    104-287, Sec. 5(70), Oct. 11, 1996, 110 Stat. 3396.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41109(a)(1)    49 App.:1371(e)(1)      Aug. 23, 1958, Pub. L.       
                    (words before           85-726, Sec. 401(e)(1), 72  
                    semicolon).             Stat. 755; restated July 10,
                                            1962, Pub. L. 87-528, Sec.  
                                            3, 76 Stat. 143.            
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(a)(1)(C).     85-726, 72 Stat. 731, Sec.  
                                            1601(a)(1)(C); added Oct.   
                                            24, 1978, Pub. L. 95-504,   
                                            Sec. 40(a), 92 Stat. 1744.  
    41109(a)(2)    49 App.:1371(e)(1)                                   
                    (words after                                        
                    semicolon).                                         
                   49 App.:1371(e)(4).     Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 401(e)(3), (4),
                                            72 Stat. 755; restated July 
                                            10, 1962, Pub. L. 87-528,   
                                            Sec. 3, 76 Stat. 143; Oct.  
                                            24, 1978, Pub. L. 95-504,   
                                            Sec. 15(a), (b), 92 Stat.   
                                            1719.                       
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    41109(a)(3)    49 App.:1371(e)(2).     Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 401(e)(2), 72  
                                            Stat. 755; restated July 10,
                                            1962, Pub. L. 87-528, Sec.  
                                            3, 76 Stat. 143; Feb. 15,   
                                            1980, Pub. L. 96-192, Sec.  
                                            5, 94 Stat. 37.             
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    41109(a)(4)    49 App.:1371(e)(3).                                  
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    41109(b)       49                      Aug. 23, 1958, Pub. L.       
                    App.:1371(e)(7)(B).     85-726, 72 Stat. 731, Sec.  
                                            401(e)(7)(B); added Oct. 24,
                                            1978, Pub. L. 95-504, Sec.  
                                            16, 92 Stat. 1720.          
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    --------------------------------------------------------------------

      In subsection (a)(1), the text of 49 App.:1371(e)(1) (words
    before semicolon related to terminal and intermediate points) is
    omitted as obsolete because of 49 App.:1551(a)(1)(C) and because
    interstate and overseas air transportation is no longer regulated.
    The words "type of" are added for clarity. The word "provided" is
    substituted for "rendered" for consistency in the revised title.
      In subsection (a)(2), the words before clause (A) are added for
    clarity. Clause (A) is substituted for 49 App.:1371(e)(1) (words
    after semicolon) for clarity and consistency and to eliminate
    unnecessary words. In clause (B), the words "may not prescribe a
    term preventing" are substituted for "No term, condition, or
    limitation of a certificate shall restrict the right" for clarity
    and consistency. The word "providing" is substituted for
    "performing" for consistency in the revised title.
      In subsection (a)(3) and (4), the word "places" is substituted
    for "points", and the word "provide" is substituted for "engage
    in", for consistency in the revised title. The words "terminal and
    intermediate" are omitted as surplus. The words "between which the
    air carrier is authorized to provide the transportation" are added
    for clarity and consistency.
      In subsection (a)(3), the words "or routes" are omitted because
    of 1:1. The words "The Secretary" are added for clarity.
      In subsection (a)(4), the words "or areas" are omitted because of
    1:1.
      In subsection (b), the words "condition, or limitation" are
    omitted as being included in "term".
      In subsection (b)(1), before clause (A), the word "modify" is
    substituted for "removal or modification" to eliminate unnecessary
    words. The word "provide" is substituted for "engage in" for
    consistency in the revised title. In clause (A), the words "provide
    the carrier an opportunity" are substituted for "set such
    application" for consistency in the revised title and with other
    titles of the United States Code. In clause (B), the words "the
    simplified procedures established by the Board in regulations
    pursuant to" are omitted as surplus.

                              PUB. L. 104-287                          
      This amends 49:41109(a) to clarify the restatement of 49
    App.:1371(e) by section 1 of the Act of July 5, 1994 (Public Law
    103-272, 108 Stat. 1123).

                                AMENDMENTS                            
      1996 - Subsec. (a)(5). Pub. L. 104-287 added par. (5).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-287 effective July 5, 1994, see section
    8(1) of Pub. L. 104-287, set out as a note under section 5303 of
    this title.

-End-



-CITE-
    49 USC Sec. 41110                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41110. Effective periods and amendments, modifications,
      suspensions, and revocations of certificates

-STATUTE-
      (a) General. - (1) Each certificate issued under section 41102 of
    this title is effective from the date specified in it and remains
    in effect until - 
        (A) the Secretary of Transportation suspends or revokes the
      certificate under this section;
        (B) the end of the period the Secretary specifies for an air
      carrier having a certificate of temporary authority issued under
      section 41102(a)(2) of this title; or
        (C) the Secretary certifies that transportation is no longer
      being provided under a certificate.

      (2) On application or on the initiative of the Secretary and
    after notice and an opportunity for a hearing or, except as
    provided in paragraph (4) of this subsection, under section 41111
    of this title, the Secretary may - 
        (A) amend, modify, or suspend any part of a certificate if the
      Secretary finds the public convenience and necessity require
      amendment, modification, or suspension; and
        (B) revoke any part of a certificate if the Secretary finds
      that the holder of the certificate intentionally does not comply
      with this chapter, sections 41308-41310(a), 41501, 41503, 41504,
      41506, 41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, and
      41731-41742, chapter 419, subchapter II of chapter 421, and
      section 46301(b) of this title, a regulation or order of the
      Secretary under any of those provisions, or a term of its
      certificate.

      (3) The Secretary may revoke a certificate under paragraph (2)(B)
    of this subsection only if the holder of the certificate does not
    comply, within a reasonable time the Secretary specifies, with an
    order to the holder requiring compliance.
      (4) A certificate to provide foreign air transportation may not
    be amended, modified, suspended, or revoked under section 41111 of
    this title if the holder of the certificate requests an oral
    evidentiary hearing or the Secretary finds, under all the facts and
    circumstances, that the hearing is required in the public interest.
      (b) All-Cargo Air Transportation. - The Secretary may order that
    a certificate issued under section 41103 of this title authorizing
    all-cargo air transportation is ineffective if, after notice and an
    opportunity for a hearing, the Secretary finds that the
    transportation is not provided to the minimum extent specified by
    the Secretary.
      (c) Foreign Air Transportation. - (1) Notwithstanding subsection
    (a)(2)-(4) of this section, after notice and a reasonable
    opportunity for the affected air carrier to present its views, but
    without a hearing, the Secretary may suspend or revoke the
    authority of an air carrier to provide foreign air transportation
    to a place under a certificate issued under section 41102 of this
    title if the carrier - 
        (A) notifies the Secretary, under section 41734(a) of this
      title or a regulation of the Secretary, that it intends to
      suspend all transportation to that place; or
        (B) does not provide regularly scheduled transportation to the
      place for 90 days immediately before the date the Secretary
      notifies the carrier of the action the Secretary proposes.

      (2) Paragraph (1)(B) of this subsection does not apply to a place
    provided seasonal transportation comparable to the transportation
    provided during the prior year.
      (d) Temporary Certificates. - On application or on the initiative
    of the Secretary, the Secretary may - 
        (1) review the performance of an air carrier issued a
      certificate under section 41102(c) of this title on the basis
      that the air carrier will provide innovative or low-priced air
      transportation under the certificate; and
        (2) amend, modify, suspend, or revoke the certificate or
      authority under subsection (a)(2) or (c) of this section if the
      air carrier has not provided, or is not providing, the
      transportation.

      (e) Continuing Requirements. - (1) To hold a certificate issued
    under section 41102 of this title, an air carrier must continue to
    be fit, willing, and able to provide the transportation authorized
    by the certificate and to comply with this part and regulations of
    the Secretary.
      (2) 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 - 
        (A) is not fit, willing, and able to provide the transportation
      authorized by the certificate and to comply with this part and
      regulations of the Secretary; or
        (B) does not file reports necessary for the Secretary to decide
      if the carrier is complying with the requirements of clause (A)
      of this paragraph.

      (f) Illegal Importation of Controlled Substances. - The Secretary
    - 
        (1) in consultation with appropriate departments, agencies, and
      instrumentalities of the United States Government, shall
      reexamine immediately the fitness of an air carrier that - 
          (A) violates the laws and regulations of the United States
        related to the illegal importation of a controlled substance;
        or
          (B) does not adopt available measures to prevent the illegal
        importation of a controlled substance into the United States on
        its aircraft; and

        (2) when appropriate, shall amend, modify, suspend, or revoke
      the certificate of the carrier issued under this chapter.

      (g) Responses. - An interested person may file a response with
    the Secretary opposing or supporting the amendment, modification,
    suspension, or revocation of a certificate under subsection (a) of
    this section.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1123; Pub. L.
    103-429, Sec. 6(50), Oct. 31, 1994, 108 Stat. 4384.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41110(a)(1)    49 App.:1371(f).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 401(f), 72     
                                            Stat. 755; Oct. 24, 1978,   
                                            Pub. L. 95-504, Secs. 10(b),
                                            17, 92 Stat. 1716, 1720.    
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    41110(a)       49 App.:1371(g)(1).     Aug. 23, 1958, Pub. L.       
     (2)-(4)                                85-726, Sec. 401(g), 72     
                                            Stat. 756; Oct. 24, 1978,   
                                            Pub. L. 95-504, Sec. 18, 92 
                                            Stat. 1720; restated Feb.   
                                            15, 1980, Pub. L. 96-192,   
                                            Sec. 6, 94 Stat 37.         
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    41110(b)       49 App.:1388(b)(4).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            418(b)(4); added Nov. 9,    
                                            1977, Pub. L. 95-163, Sec.  
                                            17(a), 91 Stat. 1285.       
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    41110(c)       49 App.:1371(g)(3).                                  
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    41110(d)       49 App.:1371(d)(8)      Aug. 23, 1958, Pub. L.       
                    (last sentence).        85-726, 72 Stat. 731, Sec.  
                                            401(d)(8) (last sentence);  
                                            added Oct. 24, 1978, Pub. L.
                                            95-504, Sec. 13, 92 Stat.   
                                            1719.                       
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(a)(1)(B).     85-726, 72 Stat. 731, Sec.  
                                            1601(a)(1)(B); added Oct.   
                                            24, 1978, Pub. L. 95-504,   
                                            Sec. 40(a), 92 Stat. 1744.  
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    41110(e)       49 App.:1371(r)         Aug. 23, 1958, Pub. L.       
                    (related to             85-726, 72 Stat. 731, Sec.  
                    certificate).           401(r) (related to          
                                            certificate); added Oct. 24,
                                            1978, Pub. L. 95-504, Sec.  
                                            20(d)(1), 92 Stat. 1722.    
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    41110(f)       49 App.:1371a           Aug. 15, 1985, Pub. L.       
                    (related to             99-88, Sec. 100 (1st        
                    certificate).           complete par. related to    
                                            certificate on p. 352), 99  
                                            Stat. 352.                  
    41110(g)       49 App.:1371(g)(2).                                  
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    --------------------------------------------------------------------

      In subsection (a)(1)(C), the words "transportation is no longer
    being provided under a certificate" are substituted for "operation
    thereunder has ceased" and "operations thereunder have ceased" for
    clarity and consistency.
      In subsections (a)(2) and (e), the words "opportunity for a" are
    added for consistency in the revised title and with other titles of
    the United States Code.
      In subsection (a)(2), before clause (A), the word "application"
    is substituted for "petition or complaint" for consistency in the
    revised title and with other titles of the Code and to eliminate
    unnecessary words. The words "except as provided in paragraph (4)
    of this subsection" are added for clarity. The words "the
    simplified procedures under" are omitted as surplus. In clause (A),
    the word "alter" is omitted as surplus. In clause (B), the
    reference to 49 App.:1372 is omitted from the cross-references of
    "this subchapter" because 49 App.:1372 is concerned with foreign
    air carrier permits and not relevant to air carrier certificate
    revocation. The word "rule" is omitted as being synonymous with
    "regulation". The words "condition, or limitation" are omitted as
    surplus.
      In subsection (a)(3), the words "to the provision, or to the
    order (other than an order issued in accordance with this
    sentence), rule, regulation, term, condition, or limitation found
    by the Board to have been violated" are omitted as surplus.
      In subsection (a)(4), the word "provide" is substituted for
    "engage in" for consistency in the revised title. The words
    "altered" and "the simplified procedures of" are omitted as
    surplus.
      In subsection (b), the words "to the extent of such service" are
    omitted as surplus. The word "provided" is substituted for
    "performed" for consistency in the revised title.
      In subsection (c)(1), the word "place" is substituted for "point"
    for consistency in the revised title. In clause (A), the cross-
    reference is to section 41734(a) of the revised title for clarity
    because 49 App.:1371(j) is obsolete. The comparable provision is 49
    App.:1389(b)(2), restated as section 41734(a). The words "provided
    by that carrier" are omitted as surplus. In clause (B), the word
    "immediately" is added for clarity.
      In subsection (d)(2), the words "alter" and "the procedures
    prescribed in" are omitted as surplus.
      In subsections (e) and (f)(2), the word "amend" is added for
    consistency.
      In subsection (e), before clause (1), the words "The requirement
    that each applicant for a certificate or any other authority . . .
    shall be a continuing requirement applicable to each such air
    carrier with respect to the transportation authorized by the Board"
    are omitted as surplus. The words "by order" are omitted as
    unnecessary because of 5:ch. 5, subch. II. In clause (1), the word
    "provide" is substituted for "perform" for consistency in the
    revised title. The word "properly" is omitted as surplus. The word
    "comply" is substituted for "conform to" for consistency in the
    revised title. The word "rules" is omitted as being synonymous with
    "regulations". The word "requirements" is omitted as surplus.
      In subsection (f), before clause (1), the words "Notwithstanding
    any other provision of law" are omitted as surplus. The words "on
    and after August 15, 1985" are omitted as executed. In clause (1),
    before subclause (A), the words "law enforcement and other" are
    omitted as surplus. The words "departments, agencies, and
    instrumentalities of the United States Government" are substituted
    for "agencies" for consistency in the revised title and with other
    titles of the Code. The words "an air carrier" are substituted for
    "any carrier" for clarity. In clause (2), the words "of public
    convenience and necessity" are omitted as surplus. The words
    "issued under this chapter" are added for clarity.
      In subsection (g), the word "response" is substituted for
    "protest or memorandum" to eliminate unnecessary words. The word
    "alteration" is omitted as surplus.

                              PUB. L. 103-429                          
      This amends 49:41110(e) to clarify the restatement of 49
    App.:1371(r) (related to certificate) by section 1 of the Act of
    July 5, 1994 (Public Law 103-272, 108 Stat. 1124).

                                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 provide 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 Secretary to
      decide if the carrier is complying with the requirements of
      clause (1) of this subsection."

                     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.

-End-



-CITE-
    49 USC Sec. 41111                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41111. Simplified procedure to apply for, amend, modify,
      suspend, and transfer certificates

-STATUTE-
      (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; 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, 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 as a
    part of a response opposing or supporting the issuance of a
    certificate.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1125.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41111(a)       49 App.:1371(p)(1)      Aug. 23, 1958, Pub. L.       
                    (1st, 2d sentences).     85-726, 72 Stat. 731, Sec.  
                                            401(p); added Oct. 24, 1978,
                                            Pub. L. 95-504, Sec.        
                                            21(a)(1), 92 Stat. 1723.    
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            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 substituted for
    "engage in" for consistency in the revised title.
      In subsection (a)(1)(B), the word "alteration" is omitted 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 clarity.
      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 substituted for "a protest or memorandum
    filed with respect to such application" for consistency.

-End-



-CITE-
    49 USC Sec. 41112                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41112. Liability insurance and financial responsibility

-STATUTE-
      (a) Liability Insurance. - The Secretary of Transportation may
    issue a certificate to a citizen of the United States to provide
    air transportation as an air carrier under section 41102 of this
    title only if the citizen complies with regulations and orders of
    the Secretary governing the filing of an insurance policy or self-
    insurance 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 remain in effect unless the carrier complies with this
    subsection.
      (b) Financial Responsibility. - To protect passengers and
    shippers using an aircraft operated by an air carrier issued a
    certificate under section 41102 of this title, the Secretary may
    require 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
    adequately will pay the passengers and shippers when the
    transportation the carrier agrees to provide is not provided. The
    Secretary shall prescribe the amounts to be paid under this
    subsection.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1126.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41112          49 App.:1371(q).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            401(q); added Oct. 24, 1978,
                                            Pub. L. 95-504, Sec.        
                                            20(d)(1), 92 Stat. 1722.    
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    --------------------------------------------------------------------

      In subsection (a), the words "citizen of the United States" and
    "citizen" are substituted for "applicant for such certificate or
    the air carrier" for clarity and consistency because only a citizen
    of the United States may be an "air carrier" as defined in section
    40102(a) of the revised title and receive a certificate. The words
    "as the case may be" are omitted as surplus. The words "to provide
    air transportation as an air carrier under section 41102 of this
    title" are added for clarity. The words "approved by the Secretary"
    are substituted for "governing the filing and approval . . . in the
    amount prescribed by the Board" to eliminate unnecessary words. The
    words "The policy or plan must be sufficient to pay" are
    substituted for "which are conditioned to pay . . . amounts" for
    clarity. The words "for which such applicant or such air carrier
    may become liable for" are omitted as surplus.
      In subsection (b), the word "passengers" is substituted for
    "travelers" for consistency in this chapter. The words "issued . .
    . under section 41102 of this title" are added for clarity. The
    word "arrangement" is omitted as surplus. The word "provide" is
    substituted for "perform" for consistency in the revised title.

-End-



-CITE-
    49 USC Sec. 41113                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation
    CHAPTER 411 - AIR CARRIER CERTIFICATES

-HEAD-
    Sec. 41113. Plans to address needs of families of passengers
      involved in aircraft accidents

-STATUTE-
      (a) Submission of Plans. - Each air carrier holding a certificate
    of public convenience and necessity under section 41102 of this
    title shall submit to the Secretary and the Chairman of the
    National Transportation Safety Board a plan for addressing the
    needs of the families of passengers involved in any aircraft
    accident involving an aircraft of the air carrier and resulting in
    a major loss of life.
      (b) Contents of Plans. - A plan to be submitted by an air carrier
    under subsection (a) shall include, at a minimum, the following:
        (1) A plan for publicizing a reliable, toll-free telephone
      number, and for providing staff, to handle calls from the
      families of the passengers.
        (2) A process for notifying the families of the passengers,
      before providing any public notice of the names of the
      passengers, either by utilizing the services of the organization
      designated for the accident under section 1136(a)(2) of this
      title or the services of other suitably trained individuals.
        (3) An assurance that the notice described in paragraph (2)
      will be provided to the family of a passenger as soon as the air
      carrier has verified that the passenger was aboard the aircraft
      (whether or not the names of all of the passengers have been
      verified) and, to the extent practicable, in person.
        (4) An assurance that the air carrier will provide to the
      director of family support services designated for the accident
      under section 1136(a)(1) of this title, and to the organization
      designated for the accident under section 1136(a)(2) of this
      title, immediately upon request, a list (which is based on the
      best available information at the time of the request) of the
      names of the passengers aboard the aircraft (whether or not such
      names have been verified), and will periodically update the list.
        (5) An assurance that the family of each passenger will be
      consulted about the disposition of all remains and personal
      effects of the passenger within the control of the air carrier.
        (6) An assurance that if requested by the family of a
      passenger, any possession of the passenger within the control of
      the air carrier (regardless of its condition) will be returned to
      the family unless the possession is needed for the accident
      investigation or any criminal investigation.
        (7) An assurance that any unclaimed possession of a passenger
      within the control of the air carrier will be retained by the air
      carrier for at least 18 months.
        (8) An assurance that the family of each passenger will be
      consulted about construction by the air carrier of any monument
      to the passengers, including any inscription on the monument.
        (9) An assurance that the treatment of the families of
      nonrevenue passengers (and any other victim of the accident) will
      be the same as the treatment of the families of revenue
      passengers.
        (10) An assurance that the air carrier will work with any
      organization designated under section 1136(a)(2) of this title on
      an ongoing basis to ensure that families of passengers receive an
      appropriate level of services and assistance following each
      accident.
        (11) An assurance that the air carrier will provide reasonable
      compensation to any organization designated under section
      1136(a)(2) of this title for services provided by the
      organization.
        (12) An assurance that the air carrier will assist the family
      of a passenger in traveling to the location of the accident and
      provide for the physical care of the family while the family is
      staying at such location.
        (13) An assurance that the air carrier will commit sufficient
      resources to carry out the plan.
        (14) An assurance that, upon request of the family of a
      passenger, the air carrier will inform the family of whether the
      passenger's name appeared on a preliminary passenger manifest for
      the flight involved in the accident.
        (15) An assurance that the air carrier will provide adequate
      training to the employees and agents of the carrier to meet the
      needs of survivors and family members following an accident.
        (16) An assurance that the air carrier, in the event that the
      air carrier volunteers assistance to United States citizens
      within the United States with respect to an aircraft accident
      outside the United States involving major loss of life, will
      consult with the Board and the Department of State on the
      provision of the assistance.
        (17)(A) An assurance that, in the case of an accident that
      results in significant damage to a manmade structure or other
      property on the ground that is not government-owned, the air
      carrier will promptly provide notice, in writing, to the extent
      practicable, directly to the owner of the structure or other
      property about liability for any property damage and means for
      obtaining compensation.
        (B) At a minimum, the written notice shall advise an owner (i)
      to contact the insurer of the property as the authoritative
      source for information about coverage and compensation; (ii) to
      not rely on unofficial information offered by air carrier
      representatives about compensation by the air carrier for
      accident-site property damage; and (iii) to obtain photographic
      or other detailed evidence of property damage as soon as possible
      after the accident, consistent with restrictions on access to the
      accident site.
        (18) An assurance that, in the case of an accident in which the
      National Transportation Safety Board conducts a public hearing or
      comparable proceeding at a location greater than 80 miles from
      the accident site, the air carrier will ensure that the
      proceeding is made available simultaneously by electronic means
      at a location open to the public at both the origin city and
      destination city of the air carrier's flight if that city is
      located in the United States.

      (c) Certificate Requirement. - The Secretary may not approve an
    application for a certificate of public convenience and necessity
    under section 41102 of this title unless the applicant has included
    as part of such application a plan that meets the requirements of
    subsection (b).
      (d) Limitation on Liability. - An air carrier shall not be liable
    for damages in any action brought in a Federal or State court
    arising out of the performance of the air carrier in preparing or
    providing a passenger list, or in providing information concerning
    a preliminary passenger manifest, pursuant to a plan submitted by
    the air carrier under subsection (b), unless such liability was
    caused by conduct of the air carrier which was grossly negligent or
    which constituted intentional misconduct.
      (e) Aircraft Accident and Passenger Defined. - In this section,
    the terms "aircraft accident" and "passenger" have the meanings
    such terms have in section 1136 of this title.
      (f) Statutory Construction. - Nothing in this section may be
    construed as limiting the actions that an air carrier may take, or
    the obligations that an air carrier may have, in providing
    assistance to the families of passengers involved in an aircraft
    accident.

-SOURCE-
    (Added Pub. L. 104-264, title VII, Sec. 703(a), Oct. 9, 1996, 110
    Stat. 3267; amended Pub. L. 106-181, title IV, Sec. 402(a)(1)-(3),
    (5)-(c), Apr. 5, 2000, 114 Stat. 129, 130; Pub. L. 108-176, title
    VIII, Sec. 809(a), Dec. 12, 2003, 117 Stat. 2588.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(16). Pub. L. 108-176, Sec. 809(a)(1), struck
    out "the air carrier" after "major loss of life,".
      Subsec. (b)(17), (18). Pub. L. 108-176, Sec. 809(a)(2), added
    pars. (17) and (18).
      2000 - Subsec. (a). Pub. L. 106-181, Sec. 402(a)(5)(A),
    substituted "Each air carrier" for "Not later than 6 months after
    the date of the enactment of this section, each air carrier".
      Subsec. (b)(14) to (16). Pub. L. 106-181, Sec. 402(a)(1)-(3),
    added pars. (14) to (16).
      Subsec. (c). Pub. L. 106-181, Sec. 402(a)(5)(B), substituted "The
    Secretary" for "After the date that is 6 months after the date of
    the enactment of this section, the Secretary".
      Subsec. (d). Pub. L. 106-181, Sec. 402(b), inserted ", or in
    providing information concerning a preliminary passenger manifest,"
    before "pursuant to a plan".
      Subsec. (f). Pub. L. 106-181, Sec. 402(c), added subsec. (f).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise 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 AMENDMENT                 
      Amendment by section 402(a)(5)(B) to (c) of Pub. L. 106-181
    applicable only to fiscal 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.
      Pub. L. 106-181, title IV, Sec. 402(a)(4), Apr. 5, 2000, 114
    Stat. 130, provided that: "The amendments made by paragraphs (1),
    (2), and (3) [amending this section] shall take effect on the 180th
    day following the date of the enactment of this Act [Apr. 5, 2000].
    On or before such 180th day, each air carrier holding a certificate
    of public convenience and necessity under section 41102 of title
    49, United States Code, shall submit to the Secretary [of
    Transportation] and the Chairman of the National Transportation
    Safety Board an updated plan under section 41113 of such title that
    meets the requirements of the amendments made by paragraphs (1),
    (2), and (3)."

                              EFFECTIVE DATE                          
      Except as otherwise specifically provided, section applicable
    only to fiscal years beginning after Sept. 30, 1996, and not to be
    construed as affecting funds made available for a fiscal year
    ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set
    out as an Effective Date of 1996 Amendment note under section 106
    of this title.

                               UPDATE PLANS                           
      Pub. L. 108-176, title VIII, Sec. 809(c), Dec. 12, 2003, 117
    Stat. 2589, provided that: "Air carriers and foreign air carriers
    shall update their plans under sections 41113 and 41313 of title
    49, United States Code, respectively, to reflect the amendments
    made by subsections (a) and (b) of this section [amending this
    section and section 41313 of this title] not later than 90 days
    after the date of enactment of this Act [Dec. 12, 2003]."

                        ESTABLISHMENT OF TASK FORCE                    
      Section 704 of Pub. L. 104-264 provided that:
      "(a) Establishment. - The Secretary of Transportation, in
    cooperation with the National Transportation Safety Board, the
    Federal Emergency Management Agency, the American Red Cross, air
    carriers, and families which have been involved in aircraft
    accidents shall establish a task force consisting of
    representatives of such entities and families, representatives of
    air carrier employees, and representatives of such other entities
    as the Secretary considers appropriate.
      "(b) Guidelines and Recommendations. - The task force established
    pursuant to subsection (a) shall develop - 
        "(1) guidelines to assist air carriers in responding to
      aircraft accidents;
        "(2) recommendations on methods to ensure that attorneys and
      representatives of media organizations do not intrude on the
      privacy of families of passengers involved in an aircraft
      accident;
        "(3) recommendations on methods to ensure that the families of
      passengers involved in an aircraft accident who are not citizens
      of the United States receive appropriate assistance;
        "(4) recommendations on methods to ensure that State mental
      health licensing laws do not act to prevent out-of-state mental
      health workers from working at the site of an aircraft accident
      or other related sites;
        "(5) recommendations on the extent to which military experts
      and facilities can be used to aid in the identification of the
      remains of passengers involved in an aircraft accident; and
        "(6) recommendations on methods to improve the timeliness of
      the notification provided by air carriers to the families of
      passengers involved in an aircraft accident, including - 
          "(A) an analysis of the steps that air carriers would have to
        take to ensure that an accurate list of passengers on board the
        aircraft would be available within 1 hour of the accident and
        an analysis of such steps to ensure that such list would be
        available within 3 hours of the accident;
          "(B) an analysis of the added costs to air carriers and
        travel agents that would result if air carriers were required
        to take the steps described in subparagraph (A);
          "(C) an analysis of any inconvenience to passengers,
        including flight delays, that would result if air carriers were
        required to take the steps described in subparagraph (A); and
          "(D) an analysis of the implications for personal privacy
        that would result if air carriers were required to take the
        steps described in subparagraph (A).
      "(c) Report. - Not later than 1 year after the date of the
    enactment of this Act [Oct. 9, 1996], the Secretary shall transmit
    to Congress a report containing the model plan and recommendations
    developed by the task force under subsection (b)."

                   LIMITATION ON STATUTORY CONSTRUCTION               
      Section 705 of title VII of Pub. L. 104-264 provided that:
    "Nothing in this title [enacting this section and section 1136 of
    this title, amending section 1155 of this title, and enacting
    provisions set out as notes under this section and section 40101 of
    this title] or any amendment made by this title may be construed as
    limiting the actions that an air carrier may take, or the
    obligations that an air carrier may have, in providing assistance
    to the families of passengers involved in an aircraft accident."

-End-