§46103 — Title 49 Transportation | U.S. Code

Summary

Air carriers and foreign air carriers must name a person who can accept legal notices and actions from the Secretary of Transportation, the TSA administrator for security matters, or the FAA administrator for safety matters. The name must be written down and filed with the right agency. The carrier can change the named person the same way it was first filed. Notices can be handed to someone in person, given to the named agent, sent by certified or registered mail, or sent by email or fax. For certified mail, the service date is the mailing date. For email or fax, the service date is when the message is sent or when a notice says the item is available in an online file. Service must go to the agent’s office, home, or the agent’s listed email/fax. If no agent is named, the notice can be posted in the office of the Secretary, TSA administrator, or FAA administrator.

Title 49, §46103

Transportation — Source: USLM XML via OLRC

(a)(1)Each air carrier and foreign air carrier shall designate an agent on whom service of notice and process in a proceeding before, and an action of, the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) may be made.

(2)The designation—

(A)shall be in writing and filed with the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration; and

(B)may be changed in the same way as originally made.

(b)(1)Service may be made—

(A)by personal service;

(B)on a designated agent;

(C)by certified or registered mail to the person to be served or the designated agent of the person;

(D)by electronic or facsimile transmission to the person to be served or the designated agent of the person; or

(E)as designated by regulation or guidance published in the Federal Register.

(2)The date of service made by certified or registered mail is the date of mailing.

(3)The date of service made by an electronic or facsimile method is—

(A)the date an electronic or facsimile transmission is sent; or

(B)the date a notification is sent by an electronic or facsimile method that a notice, process, or action is immediately available and accessible in an electronic database.

(c)Service on an agent designated under this section shall be made at the office or usual place of residence of the agent or at the electronic or facsimile address designated by the agent. If an air carrier or foreign air carrier does not have a designated agent, service may be made by posting the notice, process, or action in the office of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 46103(a)49 App.:1485(b) (1st sentence).Aug. 23, 1958, Pub. L. 85–726, § 1005(b), 72 Stat. 794.. 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. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 46103(b)49 App.:1485(c).Aug. 23, 1958, Pub. L. 85–726, § 1005(c), 72 Stat. 794; restated Aug. 25, 1959, Pub. L. 86–199, 73 Stat. 427. 46103(c)49 App.:1485(b) (last sentence). 49 App.:1551(b)(1)(E). 49 App.:1655(c)(1). In subsection (a)(1), the words “in a proceeding before” are added for clarity. The word “action” is substituted for “orders, decisions, and requirements” to eliminate unnecessary words. The words “for and on behalf of said carrier” are omitted as surplus. In subsection (a)(2)(B), the words “from time to time” are omitted as surplus. In subsection (b)(1)(B), the words “in writing for the purpose” are omitted as surplus. In subsection (b)(1)(C), the word “addressed” is omitted as surplus. In subsection (b)(2), the word “date” is substituted for “time” for clarity and consistency. In subsection (c), the words “with like effect as if made personally upon such carrier” are omitted as surplus.

Editorial Notes

Amendments

2024—Subsec. (b)(1)(D), (E). Pub. L. 118–63, § 219(1)(A), added subpars. (D) and (E). Subsec. (b)(3). Pub. L. 118–63, § 219(1)(B), added par. (3). Subsec. (c). Pub. L. 118–63, § 219(2), substituted “Service on an agent designated under this section shall be made at the office or usual place of residence of the agent or at the electronic or facsimile address designated by the agent.” for “Service on an agent designated under this section shall be made at the office or usual place of residence of the agent.” 2018—Subsec. (a)(1). Pub. L. 115–254, § 1991(f)(3), substituted “by the Administrator of the Federal Aviation Administration)” for “by the Administrator)”. Pub. L. 115–254, § 1991(f)(1), substituted “Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary”. Subsec. (a)(2)(A). Pub. L. 115–254, § 1991(f)(2), (4), substituted “Administrator of the Transportation Security Administration,” for “Under Secretary,” and “or Administrator of the Federal Aviation Administration” for “or Administrator”. Subsec. (c). Pub. L. 115–254, § 1991(f)(2), (4), substituted “Administrator of the Transportation Security Administration,” for “Under Secretary,” and “or Administrator of the Federal Aviation Administration” for “or Administrator”. 2001—Subsec. (a)(1). Pub. L. 107–71, § 140(b)(1), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”. Subsec. (a)(2)(A). Pub. L. 107–71, § 140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator”. Subsec. (c). Pub. L. 107–71, § 140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator”.

§46103 Service of notice, process, and actions