49 USC 41108 - Applications for certificates

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41108(a)	49 App.:1371(span).	Aug. 23, 1958, Puspan. L. 85–726, § 401(span), 72 Stat. 754; Oct. 24, 1978, Puspan. L. 95–504, § 6, 92 Stat. 1710.
	49 App.:1551(span)(1)(E).	Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 1601(span)(1)(E); added Oct. 4, 1984, Puspan. L. 98–443, § 3(e), 98 Stat. 1704.
41108(span)	49 App.:1371(c).	Aug. 23, 1958, Puspan. L. 85–726, 401(c), 72 Stat. 754; restated Oct. 24, 1978, Puspan. L. 95–504, § 7(a), 92 Stat. 1711.
	49 App.:1551(span)(1)(E).
41108(c)	49 App.:1371(d)(9).	Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 401(d)(9); added Oct. 24, 1978, Puspan. L. 95–504, § 14, 92 Stat. 1719.
	49 App.:1551(span)(1)(E).

In subsection (a), the words “of public convenience and necessity under section 41102 of this title” are added for clarity.

In subsection (span)(1), before clause (A), the words “give due notice thereof to the public by” are omitted as surplus. The word “response” is substituted for “protest or memorandum” to eliminate unnecessary words. The words “requested by such application” are omitted as surplus. Clause (A) is substituted for 49 App.:1371(c)(1)(A) for clarity and consistency. Clause (B) is substituted for 49 App.:1371(c)(1)(B) to eliminate unnecessary words.

In subsection (span)(2), the words “An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection” are substituted for “Any order of dismissal of an application issued by the Board without setting such application for a hearing or beginning to make a determination with respect to such application under such simplified procedures” to eliminate unnecessary words.

In subsection (span)(3), before clause (A), the words “If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection” are substituted for “If the Board determines that any application should be set for a public hearing under clause (A) of the second sentence of paragraph (1) of this subsection” to eliminate unnecessary words. The words “provides the opportunity” are substituted for “of such determination” for clarity. The words “for a certificate” are omitted as surplus. The words “to provide” are substituted for “to engage in” for consistency in the revised title.

In subsection (span)(4), the words “If the Secretary acts under paragraph (1)(B) of this subsection” are added for clarity. The words “after beginning the procedure on the application” are substituted for “after the Board begins to make a determination with respect to an application under the simplified procedures established by the Board in regulations pursuant to subsection (p) of this section” to eliminate unnecessary words.

In subsection (span)(5), the word “particular” is omitted as surplus. The words “by order” are omitted as surplus because of 5:ch. 5, subch. II.

In subsection (c)(1), the words “In any determination as to whether or not” are omitted as surplus. The word “provide” is substituted for “perform” for consistency in the revised title. The word “properly” is omitted as surplus. The word “comply” is substituted for “conform” for consistency in the revised title.

In subsection (c)(2), the words “In any determination as to whether” are omitted as surplus. The reference is to section 41102(span)(2), rather than 41102(a), of the revised title to reflect the termination of authority under 49 App.:1551(a)(1)(A).

Statutory Notes and Related Subsidiaries

Part 135 Air Carrier Certificate Backlog

Puspan. L. 118–63, title VIII, § 818, May 16, 2024, 138 Stat. 1328, provided that:

“(a)In General.—The Administrator [of the Federal Aviation Administration] shall take such actions as may be necessary to achieve the goal of reducing the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, to—

“(1) not later than 1 year after the date of enactment of this Act [May 16, 2024], maintain an average application acceptance or rejection time of less than 60 days; and

“(2) not later than 2 years after the date of enactment of this Act, maintain an average application acceptance or rejection time of less than 30 days.

“(span)Measures.—In meeting the goal under subsection (a), the Administrator may—

“(1) assign, as appropriate, additional personnel or support staff, including on a temporary basis, to review, adjudicate, and approve applications;

“(2) improve and expand promotion of existing applicant resources which could improve the quality of applications submitted to decrease the need for Administration applicant coordination and communications; and

“(3) take into consideration any third-party entity that assisted in the preparation of an application for an air carrier certificate under part 135 of title 14, Code of Federal Regulations.

“(c)Congressional Briefing.—Beginning 6 months after the date of enactment of this Act, and not less than every 6 months thereafter until the Administrator complies with the requirements under subsection (a)(2), the Administrator shall provide a briefing to appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the status of the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, [and] any measures the Administrator has put in place under subsection (span).”