49 U.S.C. § 41110 — Effective periods and amendments, modifications, suspensions, and revocations of certificates
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 843 words · no verdicts yet
Certificates stay effective until suspended, revoked, or expired, but the Secretary can amend, suspend, or revoke them for noncompliance after notice and a hearing (with faster action allowed for dropped foreign routes or drug-smuggling violations), and holders must keep proving they're fit to operate.
(a) General: (1) A certificate stays in effect from its stated start date until (A) the Secretary suspends or revokes it, (B) a temporary certificate's set period ends, or (C) the Secretary certifies that service under it has stopped. (2) After notice and a hearing (or, in most cases, under the simplified procedure of section 41111), the Secretary may (A) amend, modify, or suspend part of a certificate if public convenience and necessity require it, and (B) revoke part of it if the holder intentionally fails to comply with this chapter, several listed sections, or a term of its certificate. (3) The Secretary can only revoke for noncompliance if the holder still doesn't fix the problem after being ordered to, within a reasonable time set by the Secretary. (4) A foreign-transportation certificate can't be amended, modified, suspended, or revoked through the simplified procedure if the holder requests an oral hearing, or if the Secretary finds a hearing is required in the public interest given the facts.
(b) All-Cargo Air Transportation: The Secretary may declare an all-cargo certificate ineffective, after notice and a hearing, if the carrier isn't providing at least the minimum service the Secretary specified.
(c) Foreign Air Transportation: (1) Without a full hearing - but after notice and a chance for the carrier to respond - the Secretary may suspend or revoke a carrier's authority to serve a foreign place if the carrier either (A) tells the Secretary under section 41734(a) or regulation that it's stopping all service there, or (B) hasn't provided regularly scheduled service there for 90 days right before the Secretary's proposed-action notice. (2) That 90-day rule doesn't apply to a place getting comparable seasonal service to the prior year.
(d) Temporary Certificates: The Secretary may review how a carrier holding a temporary certificate under section 41102(c) - issued because it promised innovative or low-priced service - has actually performed, and may amend, modify, suspend, or revoke the certificate under (a)(2) or (c) if it hasn't delivered that service.
(e) Continuing Requirements: (1) To keep a certificate, a carrier must remain fit, willing, and able to provide the authorized transportation and follow the rules. (2) After notice and a hearing, the Secretary must amend, modify, suspend, or revoke part of a certificate if the carrier (A) is no longer fit, willing, and able, or (B) fails to file the reports needed to check that.
(f) Illegal Importation of Controlled Substances: The Secretary must (1) immediately re-examine, with other relevant agencies, the fitness of a carrier that violates drug-importation laws or fails to take available steps to prevent it, and (2) amend, modify, suspend, or revoke that carrier's certificate when appropriate.
(g) Responses: Any interested person may file a response supporting or opposing an amendment, modification, suspension, or revocation under (a).
Each certificate issued under section 41102 of this title is effective from the date specified in it and remains in effect until—
the Secretary of Transportation suspends or revokes the certificate under this section;
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
the Secretary certifies that transportation is no longer being provided under a certificate.
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—
amend, modify, or suspend any part of a certificate if the Secretary finds the public convenience and necessity require amendment, modification, or suspension; and
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.
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.
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.
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.
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—
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
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.
Paragraph (1)(B) of this subsection does not apply to a place provided seasonal transportation comparable to the transportation provided during the prior year.
On application or on the initiative of the Secretary, the Secretary may—
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
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.
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.
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—
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
does not file reports necessary for the Secretary to decide if the carrier is complying with the requirements of clause (A) of this paragraph.
The Secretary—
in consultation with appropriate departments, agencies, and instrumentalities of the United States Government, shall reexamine immediately the fitness of an air carrier that—
violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or
does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and
when appropriate, shall amend, modify, suspend, or revoke the certificate of the carrier issued under this chapter.
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 credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1123; Pub. L. 103–429, § 6(50), Oct. 31, 1994, 108 Stat. 4384.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1123
- 1994Amended · Pub. L. 103-429 · 108 Stat. 4384
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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