§41108 — Title 49 Transportation | U.S. Code

Summary

To get a certificate of public convenience and necessity, a U.S. citizen must apply to the Secretary of Transportation. The application must follow the Secretary’s required form and include the information the Secretary asks for. The applicant must also show that they gave notice to interested people and to every community that could be affected. When an application is filed, the Secretary posts a notice in the Secretary’s office and gives other notices required by the rules. People who care can file support or opposition. Within 90 days after filing, the Secretary must either offer a public hearing, begin a formal administrative procedure, or dismiss the application. A dismissal is a final order and can be reviewed in court. If a hearing is offered, the Secretary must issue an initial or recommended decision within 150 days after the hearing is offered, and a final order within 90 days after that decision. If the Secretary does not act within that 90-day period, the initial decision becomes final for interstate service, and decisions about foreign service must be sent to the President. If the Secretary starts the formal procedure instead, a final order must be issued within 180 days of starting. If the applicant causes delays, the Secretary can extend the deadlines by the same amount of time. The Secretary may also delay an initial decision up to 30 days for extraordinary circumstances. The applicant must prove they are fit, willing, and able to provide the transportation and follow the rules. A person opposing the application must prove, by a preponderance of the evidence, that the proposed transportation is not consistent with the public convenience and necessity; otherwise it is presumed to be consistent.

Title 49, §41108

Transportation — Source: USLM XML via OLRC

(a)To be issued a certificate of public convenience and necessity under section 41102 of this title, a citizen of the United States must apply to the Secretary of Transportation. The application must—

(1)be in the form and contain information required by regulations of the Secretary; and

(2)be accompanied by proof of service on interested persons as required by regulations of the Secretary and on each community that may be affected by the issuance of the certificate.

(b)(1)When an application is filed, the Secretary shall post a notice of the application in the office of the Secretary and give notice of the application to other persons as required by regulations of the Secretary. An interested person may file a response with the Secretary opposing or supporting the issuance of the certificate. Not later than 90 days after the application is filed, the Secretary shall—

(A)provide an opportunity for a public hearing on the application;

(B)begin the procedure under section 41111 of this title; or

(C)dismiss the application on its merits.

(2)An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection is a final order and may be reviewed judicially under section 46110 of this title.

(3)If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection, an initial or recommended decision shall be issued not later than 150 days after the date the Secretary provides the opportunity. The Secretary shall issue a final order on the application not later than 90 days after the decision is issued. However, if the Secretary does not act within the 90-day period, the initial or recommended decision on an application to provide—

(A)interstate air transportation is a final order and may be reviewed judicially under section 46110 of this title; and

(B)foreign air transportation shall be submitted to the President under section 41307 of this title.

(4)If the Secretary acts under paragraph (1)(B) of this subsection, the Secretary shall issue a final order on the application not later than 180 days after beginning the procedure on the application.

(5)If a citizen applying for a certificate does not meet the procedural schedule adopted by the Secretary in a proceeding, the Secretary may extend the period for acting under paragraphs (3) and (4) of this subsection by a period equal to the period of delay caused by the citizen. In addition to an extension under this paragraph, an initial or recommended decision under paragraph (3) of this subsection may be delayed for not more than 30 days in extraordinary circumstances.

(c)(1)A citizen applying for a certificate must prove that the citizen is fit, willing, and able to provide the transportation referred to in section 41102 of this title and to comply with this part.

(2)A person opposing a citizen applying for a certificate must prove that the transportation referred to in section 41102(b)(2) of this title is not consistent with the public convenience and necessity. The transportation is deemed to be consistent with the public convenience and necessity unless the Secretary finds, by a preponderance of the evidence, that the transportation is not consistent with the public convenience and necessity.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41108(a)49 App.:1371(b).Aug. 23, 1958, Pub. L. 85–726, § 401(b), 72 Stat. 754; Oct. 24, 1978, Pub. L. 95–504, § 6, 92 Stat. 1710. 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. 41108(b)49 App.:1371(c).Aug. 23, 1958, Pub. L. 85–726, 401(c), 72 Stat. 754; restated Oct. 24, 1978, Pub. L. 95–504, § 7(a), 92 Stat. 1711. 49 App.:1551(b)(1)(E). 41108(c)49 App.:1371(d)(9).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(d)(9); added Oct. 24, 1978, Pub. L. 95–504, § 14, 92 Stat. 1719. 49 App.:1551(b)(1)(E). In subsection (a), the words “of public convenience and necessity under section 41102 of this title” are added for clarity. In subsection (b)(1), before clause (A), the words “give due notice thereof to the public by” are omitted as surplus. The word “response” is substituted for “protest or memorandum” to eliminate unnecessary words. The words “requested by such application” are omitted as surplus. Clause (A) is substituted for 49 App.:1371(c)(1)(A) for clarity and consistency. Clause (B) is substituted for 49 App.:1371(c)(1)(B) to eliminate unnecessary words. In subsection (b)(2), the words “An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection” are substituted for “Any order of dismissal of an application issued by the Board without setting such application for a hearing or beginning to make a determination with respect to such application under such simplified procedures” to eliminate unnecessary words. In subsection (b)(3), before clause (A), the words “If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection” are substituted for “If the Board determines that any application should be set for a public hearing under clause (A) of the second sentence of paragraph (1) of this subsection” to eliminate unnecessary words. The words “provides the opportunity” are substituted for “of such determination” for clarity. The words “for a certificate” are omitted as surplus. The words “to provide” are substituted for “to engage in” for consistency in the revised title. In subsection (b)(4), the words “If the Secretary acts under paragraph (1)(B) of this subsection” are added for clarity. The words “after beginning the procedure on the application” are substituted for “after the Board begins to make a determination with respect to an application under the simplified procedures established by the Board in

Regulations

pursuant to subsection (p) of this section” to eliminate unnecessary words. In subsection (b)(5), the word “particular” is omitted as surplus. The words “by order” are omitted as surplus because of 5:ch. 5, subch. II. In subsection (c)(1), the words “In any determination as to whether or not” are omitted as surplus. The word “provide” is substituted for “perform” for consistency in the revised title. The word “properly” is omitted as surplus. The word “comply” is substituted for “conform” for consistency in the revised title. In subsection (c)(2), the words “In any determination as to whether” are omitted as surplus. The reference is to section 41102(b)(2), rather than 41102(a), of the revised title to reflect the termination of authority under 49 App.:1551(a)(1)(A).

Statutory Notes and Related Subsidiaries

Part 135 Air Carrier Certificate Backlog Pub. L. 118–63, title VIII, § 818, May 16, 2024, 138 Stat. 1328, provided that: “(a) In General.—The Administrator [of the Federal Aviation Administration] shall take such actions as may be necessary to achieve the goal of reducing the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal

Regulations

, to—“(1) not later than 1 year after the date of enactment of this Act [May 16, 2024], maintain an average application acceptance or rejection time of less than 60 days; and “(2) not later than 2 years after the date of enactment of this Act, maintain an average application acceptance or rejection time of less than 30 days. “(b) Measures.—In meeting the goal under subsection (a), the Administrator may—“(1) assign, as appropriate, additional personnel or support staff, including on a temporary basis, to review, adjudicate, and approve applications; “(2) improve and expand promotion of existing applicant resources which could improve the quality of applications submitted to decrease the need for Administration applicant coordination and communications; and “(3) take into consideration any third-party entity that assisted in the preparation of an application for an air carrier certificate under part 135 of title 14, Code of Federal

Regulations

. “(c) Congressional Briefing.—Beginning 6 months after the date of enactment of this Act, and not less than every 6 months thereafter until the Administrator complies with the requirements under subsection (a)(2), the Administrator shall provide a briefing to [the] appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the status of the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal

Regulations

, [and] any measures the Administrator has put in place under subsection (b).”

§41108 Applications for Certificates

Summary

Title 49, §41108

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Statutory Notes and Related Subsidiaries

Regulations

Regulations

Regulations

Citations & Metadata