-CITE-

49 USC CHAPTER 411 - AIR CARRIER CERTIFICATES 01/06/03

-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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 40105, 40109, 41720,

41907, 46301 of this title; title 39 section 5402.

-End-

-CITE-

49 USC Sec. 41101 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40109, 41103, 41503,

46108, 47102 of this title.

-End-

-CITE-

49 USC Sec. 41102 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40109, 40118, 41104,

41105, 41106, 41107, 41108, 41109, 41110, 41111, 41112, 41113,

41307, 41312, 41505, 41709, 41713, 41762, 44901, 44915, 46301,

46316, 47102 of this title; title 22 section 3650; title 29 section

1301; title 39 section 5402.

-End-

-CITE-

49 USC Sec. 41103 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41110, 41709, 46301,

46316 of this title.

-End-

-CITE-

49 USC Sec. 41104 01/06/03

-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 paragraph (3), 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 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).

(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.

(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.)

-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

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 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 01/06/03

-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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 41111 of this title.

-End-

-CITE-

49 USC Sec. 41106 01/06/03

-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 01/06/03

-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 01/06/03

-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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41102, 41109, 41111 of

this title.

-End-

-CITE-

49 USC Sec. 41109 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41104, 41107, 41111 of

this title.

-End-

-CITE-

49 USC Sec. 41111 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41108, 41109, 41110 of

this title.

-End-

-CITE-

49 USC Sec. 41112 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 41104 of this title.

-End-

-CITE-

49 USC Sec. 41113 01/06/03

-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, the air

carrier (!1) will consult with the Board and the Department of

State on the provision of the assistance.

(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.)

-MISC1-

AMENDMENTS

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 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.

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."

-FOOTNOTE-

(!1) So in original. The words "the air carrier" probably should not

appear.

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