§ 41102. General, temporary, and charter air transportation certificates of air carriers
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/usc/title-49/section-41102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1119.)
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.
Connections289 cite this · traces to 2
Cited by 289 sections · top 60
U.S. Code
- § 44701General requirements
- § 1301Definitions
- § 44901Screening passengers and property
- § 40118Government-financed air transportation
- § 47102Definitions
- § 41713Preemption of authority over prices, routes, and service
- § 40109Authority to exempt
- § 5402Contracts for transportation of mail by air
- § 41307Presidential review of actions about foreign air transportation
- § 41108Applications for certificates
- § 41105Transfers of certificates
- § 3650Air transportation
- § 41112Liability insurance and financial responsibility
- § 41113Plans to address needs of families of passengers involved in aircraft accidents
- § 41106Airlift service
- § 41104Additional limitations and requirements of charter air carriers
- § 41111Simplified procedure to apply for, amend, modify, suspend, and transfer certificates
- § 9516Airlift service
- § 41110Effective periods and amendments, modifications, suspensions, and revocations of certificates
- § 41107Transportation of mail
- § 41312Ending or suspending foreign air transportation
- § 41109Terms of certificates
CFR
register
- Rules and RegulationsDEPARTMENT OF TRANSPORTATION
- NoticesDEPARTMENT OF TRANSPORTATION
- NoticesDEPARTMENT OF TRANSPORTATION
- NoticesDEPARTMENT OF TRANSPORTATION
- Rules and RegulationsFinal rule
- NoticesDEPARTMENT OF TRANSPORTATION
- Rules and RegulationsDEPARTMENT OF TRANSPORTATION
- NoticesDEPARTMENT OF TRANSPORTATION
- NoticesDEPARTMENT OF TRANSPORTATION
- Proposed RulesDEPARTMENT OF TRANSPORTATION
- NoticesInterim final rule; notice of public meeting
- Rules and RegulationsDEPARTMENT OF TRANSPORTATION
- Rules and RegulationsNotice of proposed rulemaking (NPRM)
- NoticesDEPARTMENT OF TRANSPORTATION
- NoticesDEPARTMENT OF TRANSPORTATION
- NoticesDEPARTMENT OF TRANSPORTATION
- Proposed RulesDEPARTMENT OF TRANSPORTATION
- NoticesNotice of proposed rulemaking (NPRM)
- UnknownFinal special conditions; request for comments
- NoticesProposed rule
- Rules and RegulationsDEPARTMENT OF TRANSPORTATION
- Rules and RegulationsNotice of Order to Show Cause (Order 2000-7-15)
- NoticesDEPARTMENT OF TRANSPORTATION
- NoticesFinal rule
- NoticesAdvance Notice of Proposed Rulemaking (ANPRM)
- NoticesDEPARTMENT OF TRANSPORTATION
- NoticesFinal rule
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Traces to 2 documents
2 references not yet in our index
- Pub. L. 103–272, § 1(e)
- 108 Stat. 1119
Citation graph
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§ 41102
General, temporary, and charter air transportation certificates of air carriers
Fed. Reg.×202
U.S.C.×53
C.F.R.×33
IRM×1
Pub. L.Pub. L. 103–272, § 1(e)
Stat.108 Stat. 1119
Cites 4Cited by 289 across 4 sources