
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC41109]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                  CHAPTER 411--AIR CARRIER CERTIFICATES
 
Sec. 41109. Terms of certificates

    (a) General.--(1) Each certificate issued under section 41102 of 
this title shall specify the type of transportation to be provided.
    (2) The Secretary of Transportation--
        (A) may prescribe terms for providing air transportation under 
    the certificate that the Secretary finds may be required in the 
    public interest; but
        (B) may not prescribe a term preventing an air carrier from 
    adding or changing schedules, equipment, accommodations, and 
    facilities for providing the authorized transportation to satisfy 
    business development and public demand.

    (3) A certificate issued under section 41102 of this title to 
provide foreign air transportation shall specify the places between 
which the air carrier is authorized to provide the transportation only 
to the extent the Secretary considers practicable and otherwise only 
shall specify each general route to be followed. The Secretary shall 
authorize an air carrier holding a certificate to provide foreign air 
transportation to handle and transport mail of countries other than the 
United States.
    (4) A certificate issued under section 41102 of this title to 
provide foreign charter air transportation shall specify the places 
between which the air carrier is authorized to provide the 
transportation only to the extent the Secretary considers practicable 
and otherwise only shall specify each geographical area in which, or 
between which, the transportation may be provided.
    (5) As prescribed by regulation by the Secretary, an air carrier 
other than a charter air carrier may provide charter trips or other 
special services without regard to the places named or type of 
transportation specified in its certificate.
    (b) Modifying Terms.--(1) An air carrier may file with the Secretary 
an application to modify any term of its certificate issued under 
section 41102 of this title to provide interstate or foreign air 
transportation. Not later than 60 days after an application is filed, 
the Secretary shall--
        (A) provide the carrier an opportunity for an oral evidentiary 
    hearing on the record; or
        (B) begin to consider the application under section 41111 of 
    this title.

    (2) The Secretary shall modify each term the Secretary finds to be 
inconsistent with the criteria under section 40101(a) and (b) of this 
title.
    (3) An application under this subsection may not be dismissed under 
section 41108(b)(1)(C) of this title.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1123; Pub. L. 104-
287, Sec. 5(70), Oct. 11, 1996, 110 Stat. 3396.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
41109(a)(1)...........................  49 App.:1371(e)(1) (words        Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         before semicolon).               401(e
)(1), 72 Stat. 755; restated July
                                                                          10, 1
962, Pub. L. 87-528, Sec.  3, 76
                                                                          Stat.
 143.
                                        49 App.:1551(a)(1)(C).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(a)(1)(C); added Oct.
                                                                          24, 1
978, Pub. L. 95-504, Sec.  40(a),
                                                                          92 St
at. 1744.
41109(a)(2)...........................  49 App.:1371(e)(1) (words after
                                         semicolon).
                                        49 App.:1371(e)(4).              Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          401(e
)(3), (4), 72 Stat. 755; restated
                                                                          July 
10, 1962, Pub. L. 87-528, Sec.
                                                                          3, 76
 Stat. 143; Oct. 24, 1978, Pub.
                                                                          L. 95
-504, Sec.  15(a), (b), 92 Stat.
                                                                          1719.
                                        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.
41109(a)(3)...........................  49 App.:1371(e)(2).              Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          401(e
)(2), 72 Stat. 755; restated July
                                                                          10, 1
962, Pub. L. 87-528, Sec.  3, 76
                                                                          Stat.
 143; Feb. 15, 1980, Pub. L. 96-
                                                                          192, 
Sec.  5, 94 Stat. 37.
                                        49 App.:1551(b)(1)(E).
41109(a)(4)...........................  49 App.:1371(e)(3).
                                        49 App.:1551(b)(1)(E).
41109(b)..............................  49 App.:1371(e)(7)(B).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  401(e)(7)(B); added Oct.
                                                                          24, 1
978, Pub. L. 95-504, Sec.  16, 92
                                                                          Stat.
 1720.
                                        49 App.:1551(b)(1)(E).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), the text of 49 App.:1371(e)(1) (words before 
semicolon related to terminal and intermediate points) is omitted as 
obsolete because of 49 App.:1551(a)(1)(C) and because interstate and 
overseas air transportation is no longer regulated. The words ``type 
of'' are added for clarity. The word ``provided'' is substituted for 
``rendered'' for consistency in the revised title.
    In subsection (a)(2), the words before clause (A) are added for 
clarity. Clause (A) is substituted for 49 App.:1371(e)(1) (words after 
semicolon) for clarity and consistency and to eliminate unnecessary 
words. In clause (B), the words ``may not prescribe a term preventing'' 
are substituted for ``No term, condition, or limitation of a certificate 
shall restrict the right'' for clarity and consistency. The word 
``providing'' is substituted for ``performing'' for consistency in the 
revised title.
    In subsection (a)(3) and (4), the word ``places'' is substituted for 
``points'', and the word ``provide'' is substituted for ``engage in'', 
for consistency in the revised title. The words ``terminal and 
intermediate'' are omitted as surplus. The words ``between which the air 
carrier is authorized to provide the transportation'' are added for 
clarity and consistency.
    In subsection (a)(3), the words ``or routes'' are omitted because of 
1:1. The words ``The Secretary'' are added for clarity.
    In subsection (a)(4), the words ``or areas'' are omitted because of 
1:1.
    In subsection (b), the words ``condition, or limitation'' are 
omitted as being included in ``term''.
    In subsection (b)(1), before clause (A), the word ``modify'' is 
substituted for ``removal or modification'' to eliminate unnecessary 
words. The word ``provide'' is substituted for ``engage in'' for 
consistency in the revised title. In clause (A), the words ``provide the 
carrier an opportunity'' are substituted for ``set such application'' 
for consistency in the revised title and with other titles of the United 
States Code. In clause (B), the words ``the simplified procedures 
established by the Board in regulations pursuant to'' are omitted as 
surplus.


                             Pub. L. 104-287

    This amends 49:41109(a) to clarify the restatement of 49 
App.:1371(e) by section 1 of the Act of July 5, 1994 (Public Law 103-
272, 108 Stat. 1123).


                               Amendments

    1996--Subsec. (a)(5). Pub. L. 104-287 added par. (5).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-287 effective July 5, 1994, see section 
8(1) of Pub. L. 104-287, set out as a note under section 5303 of this 
title.
