
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: 49USC41110]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                  CHAPTER 411--AIR CARRIER CERTIFICATES
 
Sec. 41110. Effective periods and amendments, modifications, 
        suspensions, and revocations of certificates
        
    (a) General.--(1) Each certificate issued under section 41102 of 
this title is effective from the date specified in it and remains in 
effect until--
        (A) the Secretary of Transportation suspends or revokes the 
    certificate under this section;
        (B) the end of the period the Secretary specifies for an air 
    carrier having a certificate of temporary authority issued under 
    section 41102(a)(2) of this title; or
        (C) the Secretary certifies that transportation is no longer 
    being provided under a certificate.

    (2) On application or on the initiative of the Secretary and after 
notice and an opportunity for a hearing or, except as provided in 
paragraph (4) of this subsection, under section 41111 of this title, the 
Secretary may--
        (A) amend, modify, or suspend any part of a certificate if the 
    Secretary finds the public convenience and necessity require 
    amendment, modification, or suspension; and
        (B) revoke any part of a certificate if the Secretary finds that 
    the holder of the certificate intentionally does not comply with 
    this chapter, sections 41308-41310(a), 41501, 41503, 41504, 41506, 
    41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, and 41731-
    41742, chapter 419, subchapter II of chapter 421, and section 
    46301(b) of this title, a regulation or order of the Secretary under 
    any of those provisions, or a term of its certificate.

    (3) The Secretary may revoke a certificate under paragraph (2)(B) of 
this subsection only if the holder of the certificate does not comply, 
within a reasonable time the Secretary specifies, with an order to the 
holder requiring compliance.
    (4) A certificate to provide foreign air transportation may not be 
amended, modified, suspended, or revoked under section 41111 of this 
title if the holder of the certificate requests an oral evidentiary 
hearing or the Secretary finds, under all the facts and circumstances, 
that the hearing is required in the public interest.
    (b) All-Cargo Air Transportation.--The Secretary may order that a 
certificate issued under section 41103 of this title authorizing all-
cargo air transportation is ineffective if, after notice and an 
opportunity for a hearing, the Secretary finds that the transportation 
is not provided to the minimum extent specified by the Secretary.
    (c) Foreign Air Transportation.--(1) Notwithstanding subsection 
(a)(2)-(4) of this section, after notice and a reasonable opportunity 
for the affected air carrier to present its views, but without a 
hearing, the Secretary may suspend or revoke the authority of an air 
carrier to provide foreign air transportation to a place under a 
certificate issued under section 41102 of this title if the carrier--
        (A) notifies the Secretary, under section 41734(a) of this title 
    or a regulation of the Secretary, that it intends to suspend all 
    transportation to that place; or
        (B) does not provide regularly scheduled transportation to the 
    place for 90 days immediately before the date the Secretary notifies 
    the carrier of the action the Secretary proposes.

    (2) Paragraph (1)(B) of this subsection does not apply to a place 
provided seasonal transportation comparable to the transportation 
provided during the prior year.
    (d) Temporary Certificates.--On application or on the initiative of 
the Secretary, the Secretary may--
        (1) review the performance of an air carrier issued a 
    certificate under section 41102(c) of this title on the basis that 
    the air carrier will provide innovative or low-priced air 
    transportation under the certificate; and
        (2) amend, modify, suspend, or revoke the certificate or 
    authority under subsection (a)(2) or (c) of this section if the air 
    carrier has not provided, or is not providing, the transportation.

    (e) Continuing Requirements.--(1) To hold a certificate issued under 
section 41102 of this title, an air carrier must continue to be fit, 
willing, and able to provide the transportation authorized by the 
certificate and to comply with this part and regulations of the 
Secretary.
    (2) After notice and an opportunity for a hearing, the Secretary 
shall amend, modify, suspend, or revoke any part of a certificate issued 
under section 41102 of this title if the Secretary finds that the air 
carrier--
        (A) is not fit, willing, and able to provide the transportation 
    authorized by the certificate and to comply with this part and 
    regulations of the Secretary; or
        (B) does not file reports necessary for the Secretary to decide 
    if the carrier is complying with the requirements of clause (A) of 
    this paragraph.

    (f) Illegal Importation of Controlled Substances.--The Secretary--
        (1) in consultation with appropriate departments, agencies, and 
    instrumentalities of the United States Government, shall reexamine 
    immediately the fitness of an air carrier that--
            (A) violates the laws and regulations of the United States 
        related to the illegal importation of a controlled substance; or
            (B) does not adopt available measures to prevent the illegal 
        importation of a controlled substance into the United States on 
        its aircraft; and

        (2) when appropriate, shall amend, modify, suspend, or revoke 
    the certificate of the carrier issued under this chapter.

    (g) Responses.--An interested person may file a response with the 
Secretary opposing or supporting the amendment, modification, 
suspension, or revocation of a certificate under subsection (a) of this 
section.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1123; Pub. L. 103-
429, Sec. 6(50), Oct. 31, 1994, 108 Stat. 4384.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
41110(a)(1)...........................  49 App.:1371(f).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          401(f
), 72 Stat. 755; Oct. 24, 1978,
                                                                          Pub. 
L. 95-504, Secs.  10(b), 17, 92
                                                                          Stat.
 1716, 1720.
                                        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.
41110(a) (2)-(4)......................  49 App.:1371(g)(1).              Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          401(g
), 72 Stat. 756; Oct. 24, 1978,
                                                                          Pub. 
L. 95-504, Sec.  18, 92 Stat.
                                                                          1720;
 restated Feb. 15, 1980, Pub. L.
                                                                          96-19
2, Sec.  6, 94 Stat 37.
                                        49 App.:1551(b)(1)(E).
41110(b)..............................  49 App.:1388(b)(4).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  418(b)(4); added Nov. 9,
                                                                          1977,
 Pub. L. 95-163, Sec.  17(a), 91
                                                                          Stat.
 1285.
                                        49 App.:1551(b)(1)(E).
41110(c)..............................  49 App.:1371(g)(3).
                                        49 App.:1551(b)(1)(E).
41110(d)..............................  49 App.:1371(d)(8) (last         Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         sentence).                       731, 
Sec.  401(d)(8) (last sentence);
                                                                          added
 Oct. 24, 1978, Pub. L. 95-504,
                                                                          Sec. 
 13, 92 Stat. 1719.
                                        49 App.:1551(a)(1)(B).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(a)(1)(B); added Oct.
                                                                          24, 1
978, Pub. L. 95-504, Sec.  40(a),
                                                                          92 St
at. 1744.
                                        49 App.:1551(b)(1)(E).
41110(e)..............................  49 App.:1371(r) (related to      Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         certificate).                    731, 
Sec.  401(r) (related to
                                                                          certi
ficate); added Oct. 24, 1978,
                                                                          Pub. 
L. 95-504, Sec.  20(d)(1), 92
                                                                          Stat.
 1722.
                                        49 App.:1551(b)(1)(E).
41110(f)..............................  49 App.:1371a (related to        Aug. 1
5, 1985, Pub. L. 99-88, Sec.  100
                                         certificate).                    (1st 
complete par. related to
                                                                          certi
ficate on p. 352), 99 Stat. 352.
41110(g)..............................  49 App.:1371(g)(2).
                                        49 App.:1551(b)(1)(E).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1)(C), the words ``transportation is no longer 
being provided under a certificate'' are substituted for ``operation 
thereunder has ceased'' and ``operations thereunder have ceased'' for 
clarity and consistency.
    In subsections (a)(2) and (e), the words ``opportunity for a'' are 
added for consistency in the revised title and with other titles of the 
United States Code.
    In subsection (a)(2), before clause (A), the word ``application'' is 
substituted for ``petition or complaint'' for consistency in the revised 
title and with other titles of the Code and to eliminate unnecessary 
words. The words ``except as provided in paragraph (4) of this 
subsection'' are added for clarity. The words ``the simplified 
procedures under'' are omitted as surplus. In clause (A), the word 
``alter'' is omitted as surplus. In clause (B), the reference to 49 
App.:1372 is omitted from the cross-references of ``this subchapter'' 
because 49 App.:1372 is concerned with foreign air carrier permits and 
not relevant to air carrier certificate revocation. The word ``rule'' is 
omitted as being synonymous with ``regulation''. The words ``condition, 
or limitation'' are omitted as surplus.
    In subsection (a)(3), the words ``to the provision, or to the order 
(other than an order issued in accordance with this sentence), rule, 
regulation, term, condition, or limitation found by the Board to have 
been violated'' are omitted as surplus.
    In subsection (a)(4), the word ``provide'' is substituted for 
``engage in'' for consistency in the revised title. The words 
``altered'' and ``the simplified procedures of'' are omitted as surplus.
    In subsection (b), the words ``to the extent of such service'' are 
omitted as surplus. The word ``provided'' is substituted for 
``performed'' for consistency in the revised title.
    In subsection (c)(1), the word ``place'' is substituted for 
``point'' for consistency in the revised title. In clause (A), the 
cross-reference is to section 41734(a) of the revised title for clarity 
because 49 App.:1371(j) is obsolete. The comparable provision is 49 
App.:1389(b)(2), restated as section 41734(a). The words ``provided by 
that carrier'' are omitted as surplus. In clause (B), the word 
``immediately'' is added for clarity.
    In subsection (d)(2), the words ``alter'' and ``the procedures 
prescribed in'' are omitted as surplus.
    In subsections (e) and (f)(2), the word ``amend'' is added for 
consistency.
    In subsection (e), before clause (1), the words ``The requirement 
that each applicant for a certificate or any other authority . . . shall 
be a continuing requirement applicable to each such air carrier with 
respect to the transportation authorized by the Board'' are omitted as 
surplus. The words ``by order'' are omitted as unnecessary because of 
5:ch. 5, subch. II. In clause (1), 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 to'' for consistency in the revised title. The word 
``rules'' is omitted as being synonymous with ``regulations''. The word 
``requirements'' is omitted as surplus.
    In subsection (f), before clause (1), the words ``Notwithstanding 
any other provision of law'' are omitted as surplus. The words ``on and 
after August 15, 1985'' are omitted as executed. In clause (1), before 
subclause (A), the words ``law enforcement and other'' are omitted as 
surplus. The words ``departments, agencies, and instrumentalities of the 
United States Government'' are substituted for ``agencies'' for 
consistency in the revised title and with other titles of the Code. The 
words ``an air carrier'' are substituted for ``any carrier'' for 
clarity. In clause (2), the words ``of public convenience and 
necessity'' are omitted as surplus. The words ``issued under this 
chapter'' are added for clarity.
    In subsection (g), the word ``response'' is substituted for 
``protest or memorandum'' to eliminate unnecessary words. The word 
``alteration'' is omitted as surplus.


                             Pub. L. 103-429

    This amends 49:41110(e) to clarify the restatement of 49 
App.:1371(r) (related to certificate) by section 1 of the Act of July 5, 
1994 (Public Law 103-272, 108 Stat. 1124).


                               Amendments

    1994--Subsec. (e). Pub. L. 103-429 reenacted heading without change 
and amended text generally. Prior to amendment, text read as follows: 
``After notice and an opportunity for a hearing, the Secretary shall 
amend, modify, suspend, or revoke any part of a certificate issued under 
section 41102 of this title if the Secretary finds that the air 
carrier--
        ``(1) is not fit, willing, and able to continue to provide the 
    transportation authorized by the certificate and to comply with this 
    part and regulations of the Secretary; or
        ``(2) does not file reports necessary for the Secretary to 
    decide if the carrier is complying with the requirements of clause 
    (1) of this subsection.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 
of Pub. L. 103-429, set out as a note under section 321 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 41104, 41107, 41111 of this 
title.
