Page:United States Statutes at Large Volume 52.djvu/1028

 52 STAT.] 7 5TH CONG. , 3D SESS.-CH. 601-JUNE 23, 1938 this Act (except the powers under sections 202, 203, 204, and 206, and the powers and duties under titles IV and VI) as may, from time to time, be assigned to him by the Authority; and shall so exercise and perform his powers and duties as best to effectuate the policies declared in, and the purposes of, this Act. The Authority may request the Administrator to make reports to it of his work under this Act. TITLE IV-AIR CARRIER ECONOMIC REGULATION CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSrrT Certificate Required SEE. 401. (a) No air carrier shall engage in any air transportation unless there is in force a certificate issued by the Authority author- izing such air carrier to engage in such transportation: Provided, That if an air carrier is engaged in such transportation on the date of the enactment of this Act, such air carrier may continue so to engage between the same terminal and intermediate points for one hundred and twenty days after said date, and thereafter until such time as the Authority shall pass upon an application for a certificate for such transportation if within said one hundred and twenty days such air carrier files such application as provided herein. Application for Certificate (b) Application for a certificate shall be made in writing to the Authority and shall be so verified, shall be in such form and contain such information, and shall be accompanied by such proof of service upon such interested persons, as the Authority shall by regulation require. Notice of Application (c) Upon the filing of any such application, the Authority shall give due notice thereof to the public by posting a notice of such application in the office of the secretary of the Authority and to such other persons as the Authority may by regulation determine. Any interested person may file with the Authority a protest or memorandum of opposition to or in support of the issuance of a certificate. Such application shall be set for public hearing, and the Authority shall dispose of such application as speedily as possible. Issuance of Certificate (d) (1) The Authority shall issue a certificate authorizing the whole or any part of the transportation covered by the application, if it finds that the applicant is fit, willing, and able to perform such transportation properly, and to conform to the provisions of this Act and the rules, regulations, and requirements of the Authority hereunder, and that such transportation is required by the public convenience and necessity; otherwise such application shall be denied. (2) In the case of an application for a certificate to engage in temporary air transportation, the Authority may issue a certificate authorizing the whole or any part thereof for such limited periods as may be required by the public convenience and necessity, if it finds that the applicant is fit, willing, and able properly to perform such transportaton and to conform to the provisions of this Act and the rules, regulations, and requirements of the Authority hereunder. Ante, pp. 981, 982, 983, 984; post, p. 1007. Reports. Title IV-Air Car- rier Economic Regu- lation. Certificate of public convenience and ne- cessity. Certificate required. Proviso. Existing carriers. Application for cer- tificate. Notice of applica- tion. Issuance of certifi- cate.

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