WAIS Document RetrievalFrom the U.S. Code Online via GPO Access [wais.access.gpo.gov] [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.