49 U.S.C. § 41102 — General, temporary, and charter air transportation certificates of air carriers
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 280 words · no verdicts yet
The Secretary of Transportation can issue certificates letting U.S. citizens run regular, temporary, or charter airlines, but only after finding them fit and able, and foreign routes need extra public-interest findings.
(a) Issuance: The Secretary of Transportation may issue a "certificate of public convenience and necessity" to a U.S. citizen who applied under section 41108. This certificate can authorize any part of three things the citizen asked for: (1) regular air transportation as an air carrier; (2) temporary air transportation as an air carrier, for a limited time; or (3) charter air transportation as a charter air carrier.
(b) Findings Required for Issuance: (1) Before issuing any certificate under (a), the Secretary must find that the citizen is fit, willing, and able to provide the transportation and follow this part and the Secretary's regulations. (2) For foreign air transportation specifically, the Secretary must also find that the transportation fits the public convenience and necessity.
(c) Temporary Certificates: The Secretary may issue a temporary certificate for interstate air transportation (except passenger transportation) or foreign air transportation - even if the citizen applied for a permanent one - when a trial period is useful, either (1) to see if the planned services, efficiency, methods, and prices will actually work and last, or (2) to evaluate the new transportation service.
(d) Foreign Air Transportation: The Secretary must send every decision to authorize foreign air transportation to the President, under section 41307.
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:
air transportation as an air carrier.
temporary air transportation as an air carrier for a limited period.
charter air transportation as a charter air carrier.
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.
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.
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—
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
to evaluate the new transportation.
The Secretary shall submit each decision authorizing the provision of foreign air transportation to the President under section 41307 of this title.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1119.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1119
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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