
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 723]
[Document affected by Public Law 106-528 Section 8(c)]
[CITE: 49USC41104]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                  CHAPTER 411--AIR CARRIER CERTIFICATES
 
Sec. 41104. Additional limitations and requirements of charter 
        air carriers
        
    (a) Restrictions.--The Secretary of Transportation may prescribe a 
regulation or issue an order restricting the marketability, flexibility, 
accessibility, or variety of charter air transportation provided under a 
certificate issued under section 41102 of this title only to the extent 
required by the public interest. A regulation prescribed or order issued 
under this subsection may not be more restrictive than a regulation 
related to charter air transportation that was in effect on October 1, 
1978.
    (b) Alaska.--An air carrier holding a certificate issued under 
section 41102 of this title may provide charter air transportation 
between places in Alaska only to the extent the Secretary decides the 
transportation is required by public convenience and necessity. The 
Secretary may make that decision when issuing, amending, or modifying 
the certificate. This subsection does not apply to a certificate issued 
under section 41102 to a citizen of the United States who, before July 
1, 1977--
        (1) maintained a principal place of business in Alaska; and
        (2) conducted air transport operations between places in Alaska 
    with aircraft with a certificate for gross takeoff weight of more 
    than 40,000 pounds.

    (c) Suspensions.--(1) The Secretary shall suspend for not more than 
30 days any part of the certificate of a charter air carrier if the 
Secretary decides that the failure of the carrier to comply with the 
requirements described in sections 41110(e) and 41112 of this title, or 
a regulation or order of the Secretary under section 41110(e) or 41112, 
requires immediate suspension in the interest of the rights, welfare, or 
safety of the public. The Secretary may act under this paragraph without 
notice or a hearing.
    (2) The Secretary shall begin immediately a hearing to decide if the 
certificate referred to in paragraph (1) of this subsection should be 
amended, modified, suspended, or revoked. Until the hearing is 
completed, the Secretary may suspend the certificate for additional 
periods totaling not more than 60 days. If the Secretary decides that 
the carrier is complying with the requirements described in sections 
41110(e) and 41112 of this title and regulations and orders under 
sections 41110(e) and 41112, the Secretary immediately may end the 
suspension period and proceeding begun under this subsection. However, 
the Secretary is not prevented from imposing a civil penalty on the 
carrier for violating the requirements described in section 41110(e) or 
41112 or a regulation or order under section 41110(e) or 41112.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1120.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
41104(a)..............................  49 App.:1371(n)(2), (4).         Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  401(n)(2)-(4); added July
                                                                          10, 1
962, Pub. L. 87-528, Sec.  4, 76
                                                                          Stat.
 144; restated Oct. 24, 1978,
                                                                          Pub. 
L. 95-504, Sec.  20(b), 92 Stat.
                                                                          1721.
                                        49 App.:1551(a)(1)(E) (related   Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         to 49 App.:1371(n)(4)).          731, 
Sec.  1601(a)(1)(E) (related to
                                                                          Sec. 
 401(n)(4)); added Oct. 24, 1978,
                                                                          Pub. 
L. 95-504, Sec.  40(a), 92 Stat.
                                                                          1744.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b) (1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
41104(b)..............................  49 App.:1371(n)(3).
                                        49 App.:1551(b)(1)(E).
41104(c)..............................  49 App.:1371(n)(5).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  401(n)(5); added July 10,
                                                                          1962,
 Pub. L. 87-528, Sec.  4, 76
                                                                          Stat.
 145; Oct. 24, 1978, Pub. L. 95-
                                                                          504, 
Sec.  20(c), 92 Stat. 1722.
                                        49 App.:1371(n)(6).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  401(n)(6); added July 10,
                                                                          1962,
 Pub. L. 87-528, Sec.  4, 76
                                                                          Stat.
 145.
                                        49 App.:1551(b)(1)(E).
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---------------------------------

    In subsection (a), the word ``rule'' is omitted as being synonymous 
with ``regulation''. The words ``charter air transportation'' are 
substituted for ``charter trips'' for consistency in this part. The text 
of 49 App.:1371(n)(4) and 1551(n)(1)(E) (related to 49 App.:1371(n)(4)) 
is omitted because inclusive tour charters have been abolished and 
charter air carriers have received authority to sell public charter 
flights directly to the public.
    In subsection (b), before clause (1), the words ``Notwithstanding 
any other provision of this subchapter'' are omitted as surplus. The 
words ``An air carrier holding'' are added for clarity. The words 
``State of'' are omitted as surplus. The word ``modifying'' is added for 
consistency in the revised title. The words ``citizen of the United 
States'' are substituted for ``person'' for clarity and consistency 
because only a citizen of the United States may be an ``air carrier'' as 
defined in section 40102(a) of the revised title.
    In subsection (c), the words ``the requirements described in'' are 
added for clarity.
    In subsection (c)(1), the text of 49 App.:1371(n)(6) is omitted as 
surplus because of 49:322(a).
    In subsection (c)(2), the word ``amended'' is added for consistency 
in the revised title.
