49 U.S.C. § 41104 — Additional limitations and requirements of charter air carriers

(a) Restrictions: The Secretary of Transportation may issue a rule or order limiting the marketing, flexibility, access, or variety of charter air transportation under a section 41102 certificate, but only as much as the public interest requires. Any such rule or order can't be stricter than the charter rules in effect on October 1, 1978. (b) Scheduled Operations: (1) Except in two situations described below, an air carrier (including an indirect one) using planes with more than 9 passenger seats may not offer regularly scheduled charter flights - where the public gets an advance schedule with departure and arrival details - to or from an airport that either (A) has no operating certificate under 14 CFR part 139, or (B) has that certificate but is a "reliever airport" within 20 nautical miles of 3 or more airports that each handle at least 1% of total U.S. passenger traffic, at least 2 of which are run by the same sponsor as the reliever airport. (2) "Regularly scheduled charter air transportation" does not include flights whose time and locations are specifically arranged with the customer. (3) This rule doesn't apply to any airport in Alaska or outside the United States. (4) The Secretary may waive the (1)(B) restriction if the public interest requires it. (c) Alaska: A carrier holding a section 41102 certificate may only provide charter transportation between places in Alaska to the extent the Secretary decides public convenience and necessity requires, decided when the certificate is issued, amended, or modified. This doesn't apply to a citizen who, before July 1, 1977, had its main business in Alaska and ran Alaska flights using aircraft certified for takeoff weight over 40,000 pounds. (d) Suspensions: (1) The Secretary must suspend, for up to 30 days, any part of a charter carrier's certificate if the carrier's failure to meet the requirements in sections 41110(e) and 41112 (or related rules) demands immediate action to protect the public's rights, welfare, or safety - and can do this without notice or a hearing first. (2) The Secretary must then immediately start a hearing to decide whether to amend, modify, suspend, or revoke the certificate, and may extend the suspension up to 60 more days while that hearing runs. If the Secretary finds the carrier is now complying, the suspension and hearing must end right away - but the Secretary can still fine the carrier separately for the earlier violation.