§41111 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation must write rules that make it easier to handle applications for air carrier certificates under section 41102 and to change, suspend, or transfer parts of those certificates under sections 41105 or 41110(a) or (c). The rules must let interested people get notice and file written evidence and arguments. An in-person hearing is not required. The Secretary may use the simpler process when it is in the public interest. When possible, the rules must say what standards will be used to decide to use the simplified process and to decide the outcome. The rules may allow written filings under section 41108(b) as part of responses for or against issuing a certificate.

Title 49, §41111

Transportation — Source: USLM XML via OLRC

(a)(1)The Secretary of Transportation shall prescribe regulations that simplify the procedure for—

(A)acting on an application for a certificate to provide air transportation under section 41102 of this title; and

(B)amending, modifying, suspending, or transferring any part of that certificate under section 41105 or 41110(a) or (c) of this title.

(2)Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section.

(b)The Secretary may use the simplified procedure to act on an application for a certificate to provide air transportation under section 41102 of this title, or to amend, modify, suspend, or transfer any part of that certificate under section 41105 or 41110(a) or (c) of this title, when the Secretary decides the use of the procedure is in the public interest.

(c)(1)To the extent the Secretary finds practicable, regulations under this section shall include each standard the Secretary will apply when—

(A)deciding whether to use the simplified procedure; and

(B)making a decision on an action in which the procedure is used.

(2)The regulations may provide that written evidence and argument may be filed under section 41108(b) of this title as a part of a response opposing or supporting the issuance of a certificate.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41111(a)49 App.:1371(p)(1) (1st, 2d sentences).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(p); added Oct. 24, 1978, Pub. L. 95–504, § 21(a)(1), 92 Stat. 1723. 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. 41111(b)49 App.:1371(p)(2) (1st sentence). 49 App.:1551(b)(1)(E). 41111(c)49 App.:1371(p)(1) (last sentence), (2) (last sentence). 49 App.:1551(b)(1)(E). In this section, the words “acting on” and “act on” are substituted for “disposition of” for consistency. In subsection (a)(1)(A), the word “provide” is substituted for “engage in” for consistency in the revised title. In subsection (a)(1)(B), the word “alteration” is omitted as surplus. In subsection (a)(2), the word “adequate” is omitted as surplus. In subsection (b), the words “to act on an application for a certificate to provide air transportation under section 41102 of this title, or to amend, modify, suspend, or transfer any part of that certificate under section 41105 or 41110(a) or (c) of this title” are added for clarity. In subsection (c)(2), the words “by such person” are omitted as surplus. The words “a response opposing or supporting the issuance of a certificate” are substituted for “a protest or memorandum filed with respect to such application” for consistency.

§41111 Simplified Procedure to Apply For, Amend, Modify, Suspend, and Transfer Certificates

Summary

Title 49, §41111

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata