49 U.S.C. § 41108 : US Code - Section 41108: Applications for certificates

Search 49 U.S.C. § 41108 : US Code - Section 41108: Applications for certificates

(a) Form, Contents, and Proof of Service. - To be issued a
certificate of public convenience and necessity under section 41102
of this title, a citizen of the United States must apply to the
Secretary of Transportation. The application must -
(1) be in the form and contain information required by
regulations of the Secretary; and
(2) be accompanied by proof of service on interested persons as
required by regulations of the Secretary and on each community
that may be affected by the issuance of the certificate.
(b) Notice, Response, and Actions on Applications. - (1) When an
application is filed, the Secretary shall post a notice of the
application in the office of the Secretary and give notice of the
application to other persons as required by regulations of the
Secretary. An interested person may file a response with the
Secretary opposing or supporting the issuance of the certificate.
Not later than 90 days after the application is filed, the
Secretary shall -
(A) provide an opportunity for a public hearing on the
application;
(B) begin the procedure under section 41111 of this title; or
(C) dismiss the application on its merits.
(2) An order of dismissal issued by the Secretary under paragraph
(1)(C) of this subsection is a final order and may be reviewed
judicially under section 46110 of this title.
(3) If the Secretary provides an opportunity for a hearing under
paragraph (1)(A) of this subsection, an initial or recommended
decision shall be issued not later than 150 days after the date the
Secretary provides the opportunity. The Secretary shall issue a
final order on the application not later than 90 days after the
decision is issued. However, if the Secretary does not act within
the 90-day period, the initial or recommended decision on an
application to provide -
(A) interstate air transportation is a final order and may be
reviewed judicially under section 46110 of this title; and
(B) foreign air transportation shall be submitted to the
President under section 41307 of this title.
(4) If the Secretary acts under paragraph (1)(B) of this
subsection, the Secretary shall issue a final order on the
application not later than 180 days after beginning the procedure
on the application.
(5) If a citizen applying for a certificate does not meet the
procedural schedule adopted by the Secretary in a proceeding, the
Secretary may extend the period for acting under paragraphs (3) and
(4) of this subsection by a period equal to the period of delay
caused by the citizen. In addition to an extension under this
paragraph, an initial or recommended decision under paragraph (3)
of this subsection may be delayed for not more than 30 days in
extraordinary circumstances.
(c) Proof Requirements. - (1) A citizen applying for a
certificate must prove that the citizen is fit, willing, and able
to provide the transportation referred to in section 41102 of this
title and to comply with this part.
(2) A person opposing a citizen applying for a certificate must
prove that the transportation referred to in section 41102(b)(2) of
this title is not consistent with the public convenience and
necessity. The transportation is deemed to be consistent with the
public convenience and necessity unless the Secretary finds, by a
preponderance of the evidence, that the transportation is not
consistent with the public convenience and necessity.