49 U.S.C. § 41108 — Applications for certificates
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 560 words · no verdicts yet
Applicants for an air-carrier certificate must file a full application with proof of notice to affected parties, and the Secretary must act on it - through a hearing, the simplified process, or dismissal - within set deadlines. The applicant carries the burden of proving fitness; opponents carry the burden of proving the transportation isn't in the public interest.
(a) Form, Contents, and Proof of Service: To get a certificate under section 41102, a U.S. citizen must apply to the Secretary of Transportation. The application must follow the Secretary's required form and content, and include proof that interested people and any community that might be affected were notified.
(b) Notice, Response, and Actions on Applications: (1) When an application is filed, the Secretary must post notice of it and notify other required people. Anyone interested can file a response supporting or opposing the certificate. Within 90 days of filing, the Secretary must either (A) offer a public hearing, (B) start the simplified procedure under section 41111, or (C) dismiss the application on its merits. (2) A dismissal under (1)(C) is a final order that can be reviewed in court under section 46110. (3) If the Secretary offers a hearing, an initial decision must come within 150 days, and a final order within 90 days after that decision - but if the Secretary misses that 90-day deadline, the initial decision itself becomes final and reviewable in court (for interstate transportation) or must go to the President (for foreign transportation) under section 41307. (4) If the Secretary uses the simplified procedure instead, a final order must come within 180 days of starting that procedure. (5) If the applicant misses a deadline the Secretary set in the case, the Secretary can extend the (3) and (4) deadlines by the length of the applicant's delay, and can also delay an initial decision up to 30 extra days in extraordinary circumstances.
(c) Proof Requirements: (1) The applicant must prove they are fit, willing, and able to provide the transportation and follow this part. (2) Anyone opposing the application must prove the transportation described in section 41102(b)(2) isn't consistent with the public convenience and necessity - the transportation is assumed consistent with the public interest unless the Secretary finds, by a preponderance of the evidence, that it isn't.
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—
be in the form and contain information required by regulations of the Secretary; and
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.
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—
provide an opportunity for a public hearing on the application;
begin the procedure under section 41111 of this title; or
dismiss the application on its merits.
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.
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—
interstate air transportation is a final order and may be reviewed judicially under section 46110 of this title; and
foreign air transportation shall be submitted to the President under section 41307 of this title.
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.
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.
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.
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 credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1121.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1121
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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