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U.S. Code as of:
01/19/04
Section 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.
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