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U.S. Code as of:
01/19/04
Section 41109. Terms of certificates
(a) General. - (1) Each certificate issued under section 41102 of
this title shall specify the type of transportation to be provided.
(2) The Secretary of Transportation -
(A) may prescribe terms for providing air transportation under
the certificate that the Secretary finds may be required in the
public interest; but
(B) may not prescribe a term preventing an air carrier from
adding or changing schedules, equipment, accommodations, and
facilities for providing the authorized transportation to satisfy
business development and public demand.
(3) A certificate issued under section 41102 of this title to
provide foreign air transportation shall specify the places between
which the air carrier is authorized to provide the transportation
only to the extent the Secretary considers practicable and
otherwise only shall specify each general route to be followed. The
Secretary shall authorize an air carrier holding a certificate to
provide foreign air transportation to handle and transport mail of
countries other than the United States.
(4) A certificate issued under section 41102 of this title to
provide foreign charter air transportation shall specify the places
between which the air carrier is authorized to provide the
transportation only to the extent the Secretary considers
practicable and otherwise only shall specify each geographical area
in which, or between which, the transportation may be provided.
(5) As prescribed by regulation by the Secretary, an air carrier
other than a charter air carrier may provide charter trips or other
special services without regard to the places named or type of
transportation specified in its certificate.
(b) Modifying Terms. - (1) An air carrier may file with the
Secretary an application to modify any term of its certificate
issued under section 41102 of this title to provide interstate or
foreign air transportation. Not later than 60 days after an
application is filed, the Secretary shall -
(A) provide the carrier an opportunity for an oral evidentiary
hearing on the record; or
(B) begin to consider the application under section 41111 of
this title.
(2) The Secretary shall modify each term the Secretary finds to
be inconsistent with the criteria under section 40101(a) and (b) of
this title.
(3) An application under this subsection may not be dismissed
under section 41108(b)(1)(C) of this title.
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