49 U.S. Code § 41312 - Ending or suspending foreign air transportation

(a) General.— An air carrier holding a certificate issued under section 41102 of this title to provide foreign air transportation—
(1) may end or suspend the transportation to a place under the certificate only when the carrier gives at least 90 days notice of its intention to end or suspend the transportation to the Secretary of Transportation, any community affected by that decision, and the State authority of the State in which a community is located; and
(2) if it is the only air carrier holding a certificate to provide non-stop or single-plane foreign air transportation between 2 places, may end or suspend the transportation between those places only when the carrier gives at least 60 days notice of its intention to end or suspend the transportation to the Secretary and each community directly affected by that decision.
(b) Temporary Suspension.— The Secretary may authorize the temporary suspension of foreign air transportation under subsection (a) of this section when the Secretary finds the suspension is in the public interest.

Source

(Added Pub. L. 103–429, § 6(51)(A),Oct. 31, 1994, 108 Stat. 4384; amended Pub. L. 104–287, § 5(72),Oct. 11, 1996, 110 Stat. 3396.)

Historical and Revision Notes Pub. L. 103–429
Revised Section Source (U.S. Code) Source (Statutes at Large)
41312(a)
49 App.:1371(j)(1) (1st sentence), (2).
Aug. 23, 1958, Pub. L. 85–726, § 401(j), 72 Stat. 756, as restated Oct. 24, 1978, Pub. L. 95–504, § 19(a), 92 Stat. 1720.
49 App.:1551(a)(1)(D).
Aug. 23, 1958, Pub. L. 85–726, § 1601(a)(1)(D), as added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1744.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, § 1601(b)(1)(E), as added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.
41312(b)
49 App.:1371(j)(1) (last sentence).
49 App.:1551(a)(1)(D), (b)(1)(E).

In the section, the text of 49 App.:1371(j) (related to interstate and overseas transportation of persons) is omitted because of 49 App.:1551(a)(1)(D). The text of 49 App.:1371(j) (related to other interstate and overseas air transportation and the domestic air transportation of mail) is omitted because a certificate of public convenience and necessity is no longer required. See H.R. Rept. 98–793, 98th Cong., 2d Sess., p. 10 (1984). The text of 49 App.:1371(j) (related to essential air transportation) is omitted as superseded by 49 App.:1389, restated as subchapter II of chapter 417 of title 49.
In subsection (a)(1) and (2), the word “place” is substituted for “point” for consistency in the revised title. The words “by that decision” are added for clarity.
In subsection (a)(1), the words “which it is providing” are omitted as surplus. The word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2), the words “between those places” are substituted for “being provided by such air carrier under such certificate” to eliminate unnecessary words.
In subsection (b), the words “by regulation or otherwise” are omitted as surplus. The words “when the Secretary finds the suspension is in” are substituted for “as may be” for clarity and consistency.
Pub. L. 104–287

This amends 49:41312(a)(1) to conform to the style of title 49.
Amendments

1996—Subsec. (a)(1). Pub. L. 104–287substituted “Secretary of Transportation” for “Secretary”.
Effective Date

Section effective July 5, 1994, see section 9 ofPub. L. 103–429, set out as an Effective Date of 1994 Amendment note under section 321 of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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14 CFR - Aeronautics and Space

14 CFR Part 200 - DEFINITIONS AND INSTRUCTIONS

14 CFR Part 201 - AIR CARRIER AUTHORITY UNDER SUBTITLE VII OF TITLE 49 OF THE UNITED STATES CODE—[AMENDED]

14 CFR Part 203 - WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES

14 CFR Part 205 - AIRCRAFT ACCIDENT LIABILITY INSURANCE

14 CFR Part 211 - APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS

14 CFR Part 213 - TERMS, CONDITIONS AND LIMITATIONS OF FOREIGN AIR CARRIER PERMITS

14 CFR Part 215 - USE AND CHANGE OF NAMES OF AIR CARRIERS, FOREIGN AIR CARRIERS AND COMMUTER AIR CARRIERS

14 CFR Part 216 - COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS

14 CFR Part 217 - REPORTING TRAFFIC STATISTICS BY FOREIGN AIR CARRIERS IN CIVILIAN SCHEDULED, CHARTER, AND NONSCHEDULED SERVICES

14 CFR Part 221 - TARIFFS

14 CFR Part 249 - PRESERVATION OF AIR CARRIER RECORDS

14 CFR Part 250 - OVERSALES

14 CFR Part 300 - RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER

14 CFR Part 302 - RULES OF PRACTICE IN PROCEEDINGS

14 CFR Part 303 - REVIEW OF AIR CARRIER AGREEMENTS

14 CFR Part 372 - OVERSEAS MILITARY PERSONNEL CHARTERS

14 CFR Part 385 - STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS

 

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