49 Usc 41103

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC41103]

TITLE 49--TRANSPORTATION

SUBTITLE VII--AVIATION PROGRAMS

PART A--AIR COMMERCE AND SAFETY

subpart ii--economic regulation

CHAPTER 411--AIR CARRIER CERTIFICATES

Sec. 41103. All-cargo air transportation certificates of air
carriers

(a) Applications.--A citizen of the United States may apply to the
Secretary of Transportation for a certificate authorizing the citizen to
provide all-cargo air transportation. The application must contain
information and be in the form the Secretary by regulation requires.
(b) Issuance.--Not later than 180 days after an application for a
certificate is filed under this section, the Secretary shall issue the
certificate to a citizen of the United States authorizing the citizen,
as an air carrier, to provide any part of the all-cargo air
transportation applied for unless the Secretary finds that the citizen
is not fit, willing, and able to provide the all-cargo air
transportation to be authorized by the certificate and to comply with
regulations of the Secretary.
(c) Terms.--The Secretary may impose terms the Secretary considers
necessary when issuing a certificate under this section. However, the
Secretary may not impose terms that restrict the places served or prices
charged by the holder of the certificate.
(d) Exemptions and Status.--A citizen issued a certificate under
this section--
(1) is exempt in providing the transportation under the
certificate from the requirements of--
(A) section 41101(a)(1) of this title and regulations or
procedures prescribed under section 41101(a)(1); and
(B) other provisions of this part and regulations or
procedures prescribed under those provisions when the Secretary
finds under regulations of the Secretary that the exemption is
appropriate; and

(2) is an air carrier under this part except to the extent the
carrier is exempt under this section from a requirement of this
part.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1119; Pub. L. 103-
429, Sec. 6(49), Oct. 31, 1994, 108 Stat. 4384.)

Historical and Revision Notes
Pub. L. 103-272
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
41103(a).............................. 49 App.:1388(a)(4). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 418(a)(4); added Nov. 9,
1977, Pub. L. 95-163, Sec. 17(a), 91
Stat. 1285; Mar. 14, 1978, Pub. L. 95-
245, Sec. 1, 92 Stat. 156.
49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 1601(b) (1)(E); added Oct.
4, 1984, Pub. L. 98-443, Sec. 3(e),
98 Stat. 1704.
41103(b).............................. 49 App.:1388(b)(1)(B). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 418(b)(1)(B); added Nov. 9,
1977, Pub. L. 95-163, Sec. 17(a), 91
Stat. 1285; Mar. 14, 1978, Pub. L. 95-
245, Sec. 3, 92 Stat. 156.
49 App.:1551(b)(1)(E).
41103(c).............................. 49 App.:1388(b)(2). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 418(b)(2), (c), (d); added
Nov. 9, 1977, Pub. L. 95-163, Sec.
17(a), 91 Stat. 1285.
49 App.:1551(b)(1)(E).
41103(d)(1)........................... 49 App.:1388(c).
49 App.:1551(b)(1)(E).
41103(d)(2)........................... 49 App.:1388(d).
----------------------------------------------------------------------------------------------------------------

In subsection (a), the words ``After the three hundred and sixty-
fifth day which begins after November 9, 1977'' are omitted as executed.
The words ``under this section'' are omitted as surplus. The words
``authorizing the citizen'' are added for clarity and consistency in
this chapter.
In subsection (b), the words ``pursuant to paragraph (4) of
subsection (a) of this section'' are omitted as surplus. The word
``citizen'' is substituted for ``applicant'' 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 and only an air carrier
can provide all-cargo air transportation. The words ``to provide'' are
added for clarity and consistency in this subchapter. The word ``rules''
is omitted as being synonymous with ``regulations''. The word
``promulgated'' is omitted as surplus.
In subsection (c), the words ``reasonable'', ``and limitations'',
and ``and conditions'' are omitted as surplus. The word ``places'' is
substituted for ``points'' for consistency in the revised title.

Pub. L. 103-429

This amends 49:41103(a) to make the term consistent throughout
subtitle VII of title 49.

Amendments

1994--Subsec. (a). Pub. L. 103-429 substituted ``all-cargo'' for
``all-property''.

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 41110, 41709, 46301, 46316
of this title.