CHAPTER 411 —AIR CARRIER CERTIFICATES
Editorial Notes
Amendments
1996—
§41101. Requirement for a certificate
(a)
(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)
(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
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41101(a)(1) | 49 App.:1371(a). | Aug. 23, 1958, |
| 41101(a)(2) | 49 App.:1301(14) (related to certificate). | Aug. 23, 1958, |
| 41101(a)(3) | (no source). | |
| 41101(b) | 49 App.:1371(d) (4)(A)(i), (ii) (related to joint services). | Aug. 23, 1958, |
| 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.
§41102. General, temporary, and charter air transportation certificates of air carriers
(a)
(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)
(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)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41102(a) | 49 App.:1371(d)(1) (words before 1st comma and after semicolon), (2) (1st–32d words). | Aug. 23, 1958, |
| 49 App.:1371(d)(3) (words before 6th comma). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 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 App.:1551(a)(1)(A). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | ||
| 41102(c) | 49 App.:1371(d)(8) (1st sentence). | Aug. 23, 1958, |
| 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.
§41103. All-cargo air transportation certificates of air carriers
(a)
(b)
(c)
(d)
(1) is exempt in providing the transportation under the certificate from the requirements of—
(A)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41103(a) | 49 App.:1388(a)(4). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41103(b) | 49 App.:1388(b)(1)(B). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41103(c) | 49 App.:1388(b)(2). | Aug. 23, 1958, |
| 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.
Editorial Notes
Amendments
1994—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§41104. Additional limitations and requirements of charter air carriers
(a)
(b)
(1)
(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)
(3)
(4)
(c)
(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)
(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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41104(a) | 49 App.:1371(n)(2), (4). | Aug. 23, 1958, |
| 49 App.:1551(a)(1)(E) (related to 49 App.:1371(n)(4)). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41104(b) | 49 App.:1371(n)(3). | |
| 49 App.:1551(b)(1)(E). | ||
| 41104(c) | 49 App.:1371(n)(5). | Aug. 23, 1958, |
| 49 App.:1371(n)(6). | Aug. 23, 1958, |
|
| 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.
Editorial Notes
Amendments
2003—Subsec. (b)(1).
Subsec. (b)(4).
2000—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by
Effective Date of 2000 Amendments
Amendment by
Amendment by
§41105. Transfers of certificates
(a)
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41105(a) | 49 App.:1371(h)(1). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41105(b) | 49 App.:1371(h)(2), (3). | Aug. 23, 1958, |
Editorial Notes
Amendments
1996—Subsec. (b).
§41106. Airlift service
(a)
(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
(2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under
(b)
(c)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41106 | 49 App.:1371(o). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
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.
Editorial Notes
Amendments
2011—Subsecs. (a)(1), (b).
Subsec. (c).
Subsec. (e).
2000—Subsec. (a).
Subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
§41107. Transportation of mail
When the United States Postal Service finds that the needs of the Postal Service require the transportation of mail by aircraft in foreign air transportation or between places in Alaska, in addition to the transportation of mail 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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41107 | 49 App.:1371(m). | Aug. 23, 1958, |
| 49 App.:1551(a)(4)(A) (related to 49 App.:1371(m)), (b)(1)(E). | Aug. 23, 1958, |
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 (
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41107 | 49 App.:1551(a)(8). | Aug. 23, 1958, |
| 49 App.:1551(b)(3). | Aug. 23, 1958, |
Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (
Editorial Notes
Amendments
1999—
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Effective Date of 1994 Amendment
§41108. Applications for certificates
(a)
(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)
(A) provide an opportunity for a public hearing on the application;
(B) begin the procedure under
(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
(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
(B) foreign air transportation shall be submitted to the President under
(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)
(2) A person opposing a citizen applying for a certificate must prove that the transportation referred to in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41108(a) | 49 App.:1371(b). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41108(b) | 49 App.:1371(c). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41108(c) | 49 App.:1371(d)(9). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the words "of public convenience and necessity under
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).
Statutory Notes and Related Subsidiaries
Part 135 Air Carrier Certificate Backlog
"(a)
"(1) not later than 1 year after the date of enactment of this Act [May 16, 2024], maintain an average application acceptance or rejection time of less than 60 days; and
"(2) not later than 2 years after the date of enactment of this Act, maintain an average application acceptance or rejection time of less than 30 days.
"(b)
"(1) assign, as appropriate, additional personnel or support staff, including on a temporary basis, to review, adjudicate, and approve applications;
"(2) improve and expand promotion of existing applicant resources which could improve the quality of applications submitted to decrease the need for Administration applicant coordination and communications; and
"(3) take into consideration any third-party entity that assisted in the preparation of an application for an air carrier certificate under part 135 of title 14, Code of Federal Regulations.
"(c)
§41109. Terms of certificates
(a)
(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
(4) A certificate issued under
(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)
(A) provide the carrier an opportunity for an oral evidentiary hearing on the record; or
(B) begin to consider the application under
(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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41109(a)(1) | 49 App.:1371(e)(1) (words before semicolon). | Aug. 23, 1958, |
| 49 App.:1551(a)(1)(C). | Aug. 23, 1958, |
|
| 41109(a)(2) | 49 App.:1371(e)(1) (words after semicolon). | |
| 49 App.:1371(e)(4). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41109(a)(3) | 49 App.:1371(e)(2). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41109(a)(4) | 49 App.:1371(e)(3). | |
| 49 App.:1551(b)(1)(E). | ||
| 41109(b) | 49 App.:1371(e)(7)(B). | Aug. 23, 1958, |
| 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 (
Editorial Notes
Amendments
1996—Subsec. (a)(5).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
§41110. Effective periods and amendments, modifications, suspensions, and revocations of certificates
(a)
(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
(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
(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,
(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
(b)
(c)
(A) notifies the Secretary, under
(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)
(1) review the performance of an air carrier issued a certificate under
(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)
(2) After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend, or revoke any part of a certificate issued under
(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)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41110(a)(1) | 49 App.:1371(f). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 41110(a) (2)–(4) | 49 App.:1371(g)(1). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41110(b) | 49 App.:1388(b)(4). | Aug. 23, 1958, |
| 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) (last sentence). | Aug. 23, 1958, |
| 49 App.:1551(a)(1)(B). | Aug. 23, 1958, |
|
| 49 App.:1551(b)(1)(E). | ||
| 41110(e) | 49 App.:1371(r) (related to certificate). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | ||
| 41110(f) | 49 App.:1371a (related to certificate). | Aug. 15, 1985, |
| 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 (
Editorial Notes
Amendments
1994—Subsec. (e).
"(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."
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§41111. Simplified procedure to apply for, amend, modify, suspend, and transfer certificates
(a)
(A) acting on an application for a certificate to provide air transportation under
(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)
(c)
(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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41111(a) | 49 App.:1371(p)(1) (1st, 2d sentences). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
|
| 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
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.
§41112. Liability insurance and financial responsibility
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41112 | 49 App.:1371(q). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, |
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
In subsection (b), the word "passengers" is substituted for "travelers" for consistency in this chapter. The words "issued . . . under
§41113. Plans to address needs of families of passengers involved in aircraft accidents
(a)
(b)
(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
(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
(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, including any victim on the ground) 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
(11) An assurance that the air carrier will provide reasonable compensation to any organization designated under
(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 any 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 any 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)
(d)
(e)
(f)
(Added
Editorial Notes
Amendments
2018—Subsec. (a).
Subsec. (b)(9).
Subsec. (b)(16).
Subsec. (b)(17)(A).
2003—Subsec. (b)(16).
Subsec. (b)(17), (18).
2000—Subsec. (a).
Subsec. (b)(14) to (16).
Subsec. (c).
Subsec. (d).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by section 402(a)(5)(B) to (c) of
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
Update Plans
Establishment of Task Force
"(a)
"(b)
"(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)