Title 49 — Transportation
Part A · Chapter 411 — Air Carrier Certificates
§ 41111. Simplified procedure to apply for, amend, modify, suspend, and transfer certificates
Statutory text
General Requirements.—
The Secretary of Transportation shall prescribe regulations that simplify the procedure for—
acting on an application for a certificate to provide air transportation under section 41102 of this title; and
amending, modifying, suspending, or transferring any part of that certificate under section 41105 or 41110(a) or (c) of this title.
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.
When Simplified Procedure Used.—
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.
Contents.—
To the extent the Secretary finds practicable, regulations under this section shall include each standard the Secretary will apply when—
deciding whether to use the simplified procedure; and
making a decision on an action in which the procedure is used.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 41111
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1125.)
Source evidence
Code source credit
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1125.)Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
1 of 1 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (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.