Title 49 — TransportationRelease 119-73
§41738 Fitness of air carriers
Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart ii— - economic regulation › Chapter CHAPTER 417— - OPERATIONS OF CARRIERS › Subchapter SUBCHAPTER II— - SMALL COMMUNITY AIR SERVICE › § 41738
Summary
An airline may only provide service to an eligible or specially designated place when the Secretary of Transportation finds two things. First, the airline is able and willing to do the work. Second, the planes and the way they operate meet the FAA’s safety rules.
Full Legal Text
Title 49, §41738
Transportation — Source: USLM XML via OLRC
Notwithstanding section 40109(a) and (c)–(h) of this title, an air carrier may provide air service to an eligible place or air transportation to a place designated under section 41736 of this title only when the Secretary of Transportation decides that—
(1)the carrier is fit, willing, and able to perform the service or transportation; and
(2)aircraft used to provide the service or transportation, and operations related to the service or transportation, conform to the safety standards prescribed by the Administrator of the Federal Aviation Administration.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 4173849 App.:1389(e)(1).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 419(e)(1); added Oct. 24, 1978, Pub. L. 95–504, § 33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, § 10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, § 9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, § 202(a)(1), (2), (b)(1), 101 Stat. 1507, 1515. In this section, before clause (1), the words “air transportation to a place” are substituted for “service to a point” for consistency with the source provisions restated in section 41733, 41735, and 41736 of the revised title. In clauses (1) and (2), the words “service or transportation” are substituted for “such service” for consistency with the source provisions restated in section 41733, 41735, and 41736 of the revised title.
Reference
Citations & Metadata
Citation
49 U.S.C. § 41738
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73