§41105 — Title 49 Transportation | U.S. Code

Summary

An airline’s operating certificate can only be transferred if the Secretary of Transportation approves the transfer and finds it is in the public interest. After a transfer, the Secretary must notify the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure and send a report that explains how the transfer affects each carrier’s ability to survive, competition in the U.S. airline market, and the United States’ position in international air transportation.

Title 49, §41105

Transportation — Source: USLM XML via OLRC

(a)A certificate issued under section 41102 of this title may be transferred only when the Secretary of Transportation approves the transfer as being consistent with the public interest.

(b)When a certificate is transferred, the Secretary shall certify to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that the transfer is consistent with the public interest. The Secretary shall include with the certification a report analyzing the effects of the transfer on—

(1)the viability of each carrier involved in the transfer;

(2)competition in the domestic airline industry; and

(3)the trade position of the United States in the international air transportation market.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41105(a)49 App.:1371(h)(1).Aug. 23, 1958, Pub. L. 85–726, § 401(h)(1), 72 Stat. 756; Nov. 5, 1990, Pub. L. 101–508, § 9127(1), 104 Stat. 1388–371. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 41105(b)49 App.:1371(h)(2), (3).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(h)(2), (3); added Nov. 5, 1990, Pub. L. 101–508, § 9127(2), 104 Stat. 1388–371.

Editorial Notes

Amendments

1996—Subsec. (b). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.

§41105 Transfers of certificates