Page:United States Statutes at Large Volume 108 Part 2.djvu/405

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1121 § 41105. Transfers of certiHcates (a) GENERAL.—^A certificate issued under section 41102 of this title may be transferred only when the Secretary of Transportation approves the transfer as being consistent with the public interest. (b) CERTIFICATION TO CONGRESS.— When a certificate is transferred, the Secretary shall certify to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives that the transfer is consistent with the public interest. The Secretary shall include with the certification a report analyzing the effects of the transfer on— (1) the viability of each carrier involved in the transfer; (2) competition in the domestic airline industry; and (3) the trade position of the United States in the international air transportation market. §41106. Airlift service (a) GENERAL. —(1) Except as provided in subsection (b) of this section, the transportation of passengers or property by transport category aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract of at least 31 days for airlift service in the United States may be provided only by an air carrier that— (A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and (B) holds a certificate issued under section 41102 of this title. (2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of this title to provide airlift service. (b) EXCEPTION. —When the Secretary of Defense decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to provide, the airlift service, the Secretary of Defense may make a contract to provide the service with an air carrier not having a certificate. § 41107. Transportation of mail When the United States Postal Service finds that the needs of the Postal Service require the transportation of mail by aircraft in foreign air transportation or between places in Alaska, in addition to the transportation of mail authorized under certificates in effect, the Postal Service shall certify that finding to the Secretary of Transportation with a statement about the additional transportation and facilities necessary to provide the additional transportation. A copy of each certification and statement shall be posted for at least 20 days in the office of the Secretary. After notice and an opportunity for a hearing, the Secretary shall issue a new \ certificate under section 41102 of this title, or amend or modify, \ an existing certificate under section 41110(a)(2)(A) of this title, \ to provide the additional transportation and facilities if the Sec- \ retary finds the additional transportation is required by the public convenience and necessity. § 41108. Applications for certiHcates (a) FORM, CONTENTS, AND PROOF OF SERVICE.—TO be issued a certificate of public convenience and necessity under section 41102

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