§41109 — Title 49 Transportation | U.S. Code

Summary

Airline certificates must say what kind of air service the carrier will provide. The Transportation Secretary can set rules needed for the public interest, but cannot stop a carrier from changing schedules, planes, seating, or facilities to meet business needs and public demand. For international service, the certificate should list specific places only when practical; otherwise it may just list general routes or geographic areas. A carrier with permission for foreign routes must be allowed to carry mail for other countries. Rules also let regular airlines offer charter trips or special services even if those trips are not exactly named in their certificate. If an airline asks to change any term in its certificate for interstate or foreign service, the Secretary has 60 days to offer a hearing or start a formal review. The Secretary must change any term that conflicts with the policy standards in section 40101(a) and (b). Such a request cannot be dismissed under section 41108(b)(1)(C).

Title 49, §41109

Transportation — Source: USLM XML via OLRC

(a)(1)Each certificate issued under section 41102 of this title shall specify the type of transportation to be provided.

(2)The Secretary of Transportation—

(A)may prescribe terms for providing air transportation under the certificate that the Secretary finds may be required in the public interest; but

(B)may not prescribe a term preventing an air carrier from adding or changing schedules, equipment, accommodations, and facilities for providing the authorized transportation to satisfy business development and public demand.

(3)A certificate issued under section 41102 of this title to provide foreign air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each general route to be followed. The Secretary shall authorize an air carrier holding a certificate to provide foreign air transportation to handle and transport mail of countries other than the United States.

(4)A certificate issued under section 41102 of this title to provide foreign charter air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each geographical area in which, or between which, the transportation may be provided.

(5)As prescribed by regulation by the Secretary, an air carrier other than a charter air carrier may provide charter trips or other special services without regard to the places named or type of transportation specified in its certificate.

(b)(1)An air carrier may file with the Secretary an application to modify any term of its certificate issued under section 41102 of this title to provide interstate or foreign air transportation. Not later than 60 days after an application is filed, the Secretary shall—

(A)provide the carrier an opportunity for an oral evidentiary hearing on the record; or

(B)begin to consider the application under section 41111 of this title.

(2)The Secretary shall modify each term the Secretary finds to be inconsistent with the criteria under section 40101(a) and (b) of this title.

(3)An application under this subsection may not be dismissed under section 41108(b)(1)(C) of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 41109(a)(1)49 App.:1371(e)(1) (words before semicolon).Aug. 23, 1958, Pub. L. 85–726, § 401(e)(1), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, § 3, 76 Stat. 143. 49 App.:1551(a)(1)(C).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(1)(C); added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1744. 41109(a)(2)49 App.:1371(e)(1) (words after semicolon). 49 App.:1371(e)(4).Aug. 23, 1958, Pub. L. 85–726, § 401(e)(3), (4), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, § 3, 76 Stat. 143; Oct. 24, 1978, Pub. L. 95–504, § 15(a), (b), 92 Stat. 1719. 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. 41109(a)(3)49 App.:1371(e)(2).Aug. 23, 1958, Pub. L. 85–726, § 401(e)(2), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, § 3, 76 Stat. 143; Feb. 15, 1980, Pub. L. 96–192, § 5, 94 Stat. 37. 49 App.:1551(b)(1)(E). 41109(a)(4)49 App.:1371(e)(3). 49 App.:1551(b)(1)(E). 41109(b)49 App.:1371(e)(7)(B).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(e)(7)(B); added Oct. 24, 1978, Pub. L. 95–504, § 16, 92 Stat. 1720. 49 App.:1551(b)(1)(E). In subsection (a)(1), the text of 49 App.:1371(e)(1) (words before semicolon related to terminal and intermediate points) is omitted as obsolete because of 49 App.:1551(a)(1)(C) and because interstate and overseas air transportation is no longer regulated. The words “type of” are added for clarity. The word “provided” is substituted for “rendered” for consistency in the revised title. In subsection (a)(2), the words before clause (A) are added for clarity. Clause (A) is substituted for 49 App.:1371(e)(1) (words after semicolon) for clarity and consistency and to eliminate unnecessary words. In clause (B), the words “may not prescribe a term preventing” are substituted for “No term, condition, or limitation of a certificate shall restrict the right” for clarity and consistency. The word “providing” is substituted for “performing” for consistency in the revised title. In subsection (a)(3) and (4), the word “places” is substituted for “points”, and the word “provide” is substituted for “engage in”, for consistency in the revised title. The words “terminal and intermediate” are omitted as surplus. The words “between which the air carrier is authorized to provide the transportation” are added for clarity and consistency. In subsection (a)(3), the words “or routes” are omitted because of 1:1. The words “The Secretary” are added for clarity. In subsection (a)(4), the words “or areas” are omitted because of 1:1. In subsection (b), the words “condition, or limitation” are omitted as being included in “term”. In subsection (b)(1), before clause (A), the word “modify” is substituted for “removal or modification” to eliminate unnecessary words. The word “provide” is substituted for “engage in” for consistency in the revised title. In clause (A), the words “provide the carrier an opportunity” are substituted for “set such application” for consistency in the revised title and with other titles of the United States Code. In clause (B), the words “the simplified procedures established by the Board in

Regulations

pursuant to” are omitted as surplus. Pub. L. 104–287This amends 49:41109(a) to clarify the restatement of 49 App.:1371(e) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1123).

Editorial Notes

Amendments

1996—Subsec. (a)(5). Pub. L. 104–287 added par. (5).

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

§41109 Terms of certificates