Public Law 119-83 (04/13/2026)

49 U.S.C. § 41109

Terms of certificates

(a)

General .—

(1)
section 41102 of this title Each certificate issued under 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)
section 41102 of this title A certificate issued under 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)
section 41102 of this title A certificate issued under 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)
section 41102 of this title An air carrier may file with the Secretary an application to modify any term of its certificate issued under 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)
section 41111 of this title begin to consider the application under .
(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)
section 41108(b)(1)(C) of this title An application under this subsection may not be dismissed under .

Pub. L. 103–272, § 1(e)108 Stat. 1123 Pub. L. 104–287, § 5(70)110 Stat. 3396 (, , ; , , .)

Historical and Revision Notes

Pub. L. 103–272

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

41109(a)(1)

49 App.:1371(e)(1) (words before semicolon).

Aug. 23, 1958, Pub. L. 85–726, § 401(e)(1), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, § 3, 76 Stat. 143.

49 App.:1551(a)(1)(C).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(1)(C); added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1744.

41109(a)(2)

49 App.:1371(e)(1) (words after semicolon).

49 App.:1371(e)(4).

Aug. 23, 1958, Pub. L. 85–726, § 401(e)(3), (4), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, § 3, 76 Stat. 143; Oct. 24, 1978, Pub. L. 95–504, § 15(a), (b), 92 Stat. 1719.

49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.

41109(a)(3)

49 App.:1371(e)(2).

Aug. 23, 1958, Pub. L. 85–726, § 401(e)(2), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, § 3, 76 Stat. 143; Feb. 15, 1980, Pub. L. 96–192, § 5, 94 Stat. 37.

49 App.:1551(b)(1)(E).

41109(a)(4)

49 App.:1371(e)(3).

49 App.:1551(b)(1)(E).

41109(b)

49 App.:1371(e)(7)(B).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(e)(7)(B); added Oct. 24, 1978, Pub. L. 95–504, § 16, 92 Stat. 1720.

49 App.:1551(b)(1)(E).

In subsection (a)(1), the text of 49 App.:1371(e)(1) (words before semicolon related to terminal and intermediate points) is omitted as obsolete because of 49 App.:1551(a)(1)(C) and because interstate and overseas air transportation is no longer regulated. The words “type of” are added for clarity. The word “provided” is substituted for “rendered” for consistency in the revised title.

In subsection (a)(2), the words before clause (A) are added for clarity. Clause (A) is substituted for 49 App.:1371(e)(1) (words after semicolon) for clarity and consistency and to eliminate unnecessary words. In clause (B), the words “may not prescribe a term preventing” are substituted for “No term, condition, or limitation of a certificate shall restrict the right” for clarity and consistency. The word “providing” is substituted for “performing” for consistency in the revised title.

In subsection (a)(3) and (4), the word “places” is substituted for “points”, and the word “provide” is substituted for “engage in”, for consistency in the revised title. The words “terminal and intermediate” are omitted as surplus. The words “between which the air carrier is authorized to provide the transportation” are added for clarity and consistency.

In subsection (a)(3), the words “or routes” are omitted because of 1:1. The words “The Secretary” are added for clarity.

In subsection (a)(4), the words “or areas” are omitted because of 1:1.

In subsection (b), the words “condition, or limitation” are omitted as being included in “term”.

In subsection (b)(1), before clause (A), the word “modify” is substituted for “removal or modification” to eliminate unnecessary words. The word “provide” is substituted for “engage in” for consistency in the revised title. In clause (A), the words “provide the carrier an opportunity” are substituted for “set such application” for consistency in the revised title and with other titles of the United States Code. In clause (B), the words “the simplified procedures established by the Board in regulations pursuant to” are omitted as surplus.

Pub. L. 104–287

section 1 of the Act of July 5, 1994 Public Law 103–272108 Stat. 1123 This amends 49:41109(a) to clarify the restatement of 49 App.:1371(e) by (, ).

Editorial Notes

Amendments

Pub. L. 104–2871996—Subsec. (a)(5). added par. (5).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–287section 8(1) of Pub. L. 104–287section 5303 of this titleAmendment by effective , see , set out as a note under .