
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC41108]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                  CHAPTER 411--AIR CARRIER CERTIFICATES
 
Sec. 41108. Applications for certificates

    (a) Form, Contents, and Proof of Service.--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) Notice, Response, and Actions on Applications.--(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) Proof Requirements.--(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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1121.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
41108(a)..............................  49 App.:1371(b).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          401(b
), 72 Stat. 754; Oct. 24, 1978,
                                                                          Pub. 
L. 95-504, Sec.  6, 92 Stat.
                                                                          1710.
                                        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.
41108(b)..............................  49 App.:1371(c).                 Aug. 2
3, 1958, Pub. L. 85-726, 401(c),
                                                                          72 St
at. 754; restated Oct. 24, 1978,
                                                                          Pub. 
L. 95-504, Sec.  7(a), 92 Stat.
                                                                          1711.
                                        49 App.:1551(b)(1)(E).
41108(c)..............................  49 App.:1371(d)(9).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  401(d)(9); added Oct. 24,
                                                                          1978,
 Pub. L. 95-504, Sec.  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).

                  Section Referred to in Other Sections

    This section is referred to in sections 41102, 41109, 41111 of this 
title.
