Page:United States Statutes at Large Volume 108 Part 2.djvu/409

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1125 or revoke any part of a certificate issued under section 41102 of this title if the Secretary finds that the air carrier— (1) is not fit, willing, and able to continue to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary; or (2) does not file reports necessary for the Secretary to decide if the carrier is complying with the requirements of clause (1) of this subsection. (1) ILLEGAL IMPORTATION OF CONTROLLED SUBSTANCES.—The Secretary— (1) in consultation with appropriate departments, agencies, and instrumentalities of the United States Government, shall reexamine immediately the fitness of an air carrier that— (A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or (B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and (2) when appropriate, shall amend, modify, suspend, or revoke the certificate of the carrier issued under this chapter. (g) RESPONSES. — An interested person may file a response with the Secretary opposing or supporting the amendment, modification, suspension, or revocation of a certificate under subsection (a) of this section. §41111. SimplMed procedure to apply for, amend, modify, suspend, and transfer certihcates (a) GENERAL REQUIREMENTS.— (1) The Secretary of Transpor- Regulations, tation shall prescribe regulations that simplify the procedure for— (A) acting on an application for a certificate to provide air transportation under section 41102 of this title; and (B) amending, modifying, suspending, or transferring any part of that certificate under section 41105 or 41110(a) or (c) of this title. (2) 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. (b) 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. (c) CONTENTS.—(1) To the extent the Secretary finds practicable, regulations under this section shall include each standard the Secretary will apply when— (A) deciding whether to use the simplified procedure; and (B) making a decision on an action in which the procedure is used. (2) 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.

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