49 U.S.C. § 41111 — Simplified procedure to apply for, amend, modify, suspend, and transfer certificates
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 241 words · no verdicts yet
The Secretary must write rules for a simplified, written-only process to handle certificate applications and changes, usable whenever it serves the public interest, and must spell out the standards it will follow.
(a) General Requirements: (1) The Secretary of Transportation must write regulations simplifying the process for (A) deciding on applications for certificates under section 41102, and (B) amending, modifying, suspending, or transferring part of a certificate under section 41105 or 41110(a) or (c). (2) These regulations must let every interested person file written evidence and arguments, but an oral hearing is not required.
(b) When Simplified Procedure Used: The Secretary may use this simplified process for certificate applications or for amending, modifying, suspending, or transferring a certificate, whenever the Secretary decides it serves the public interest.
(c) Contents: (1) As far as practical, the regulations must state the standards the Secretary will use to (A) decide whether to use the simplified procedure, and (B) make the actual decision when it's used. (2) The regulations may let written evidence and arguments be filed under section 41108(b) as part of a response supporting or opposing a certificate.
The Secretary of Transportation shall prescribe regulations that simplify the procedure for—
acting on an application for a certificate to provide air transportation under section 41102 of this title; and
amending, modifying, suspending, or transferring any part of that certificate under section 41105 or 41110(a) or (c) of this title.
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.
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.
To the extent the Secretary finds practicable, regulations under this section shall include each standard the Secretary will apply when—
deciding whether to use the simplified procedure; and
making a decision on an action in which the procedure is used.
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 credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1125.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1125
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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