Page:United States Statutes at Large Volume 108 Part 2.djvu/403

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1119 §41102. General, temporary, and charter air transportation certihcates of air carriers (a) ISSUANCE.— The Secretary of Transportation may issue a certificate of public convenience and necessity to a citizen of the United States authorizing the citizen to provide any part of the following air transportation the citizen has applied for under section 41108 of this title: (1) air transportation as an air carrier. (2) temporary air transportation as an air carrier for a limited period. (3) charter air transportation as a charter air carrier. (b) FINDINGS REQUIRED FOR ISSUANCE. — (1) Before issuing a certificate under subsection (a) of this section, the Secretary must find that the citizen is fit, willing, and able to provide the transportation to be authorized by the certificate euid to comply with this part and regulations of the Secretary. (2) In addition to the findings under paragraph (1) of this subsection, the Secretary, before issuing a certificate under subsection (a) of this section for foreign air transportation, must find that the transportation is consistent with the public convenience and necessity. (c) TEMPORARY CERTIFICATES.— The Secretary may issue a certificate under subsection (a) of this section for interstate air transportation (except the transportation of passengers) or foreign air transportation for a temporary period of time (whether the application is for permanent or temporary authority) when the Secretary decides that a test period is desirable— (1) to decide if the projected services, efficiencies, methods, and prices and the projected results will materialize and remain for a sustained period of time; or (2) to evaluate the new transportation. (d) FOREIGN AIR TRANSPORTATION.— The Secretary shall submit each decision authorizing the provision of foreign air transportation to the President under section 41307 of this title. §41103. All-cargo air transportation certiHcates 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-property 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—

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