§ 41110. Effective periods and amendments, modifications, suspensions, and revocations of certificates
(a)
General.—
(1)
Each certificate issued under section
41102 of this title is effective from the date specified in it and remains in effect until—
(2)
On application or on the initiative of the Secretary and after notice and an opportunity for a hearing or, except as provided in paragraph (4) of this subsection, under section
41111 of this title, the Secretary may—
(A)
amend, modify, or suspend any part of a certificate if the Secretary finds the public convenience and necessity require amendment, modification, or suspension; and
(B)
revoke any part of a certificate if the Secretary finds that the holder of the certificate intentionally does not comply with this chapter, sections
41308–41310(a),
41501,
41503,
41504,
41506,
41510,
41511,
41701,
41702,
41705–41709,
41711,
41712, and
41731–41742, chapter 419sections
41308–41310(a),
41501,
41503,
41504,
41506,
41510,
41511,
41701,
41702,
41705–41709,
41711,
41712, and
41731–41742, chapter 419, subchapter II of chapter 421, and section
46301
(b) of this title, a regulation or order of the Secretary under any of those provisions, or a term of its certificate.
(3)
The Secretary may revoke a certificate under paragraph (2)(B) of this subsection only if the holder of the certificate does not comply, within a reasonable time the Secretary specifies, with an order to the holder requiring compliance.
(4)
A certificate to provide foreign air transportation may not be amended, modified, suspended, or revoked under section
41111 of this title if the holder of the certificate requests an oral evidentiary hearing or the Secretary finds, under all the facts and circumstances, that the hearing is required in the public interest.
(b)
All-Cargo Air Transportation.—
The Secretary may order that a certificate issued under section
41103 of this title authorizing all-cargo air transportation is ineffective if, after notice and an opportunity for a hearing, the Secretary finds that the transportation is not provided to the minimum extent specified by the Secretary.
(c)
Foreign Air Transportation.—
(1)
Notwithstanding subsection (a)(2)–(4) of this section, after notice and a reasonable opportunity for the affected air carrier to present its views, but without a hearing, the Secretary may suspend or revoke the authority of an air carrier to provide foreign air transportation to a place under a certificate issued under section
41102 of this title if the carrier—
(d)
Temporary Certificates.—
On application or on the initiative of the Secretary, the Secretary may—
(e)
Continuing Requirements.—
(1)
To hold a certificate issued under section
41102 of this title, an air carrier must continue to be fit, willing, and able to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary.
(2)
After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend, or revoke any part of a certificate issued under section
41102 of this title if the Secretary finds that the air carrier—
(f)
Illegal Importation of Controlled Substances.—
The Secretary—
(1)
in consultation with appropriate departments, agencies, and instrumentalities of the United States Government, shall reexamine immediately the fitness of an air carrier that—
(g)
Responses.—
An interested person may file a response with the Secretary opposing or supporting the amendment, modification, suspension, or revocation of a certificate under subsection (a) of this section.