§ 41103. All-cargo air transportation certificates of air carriers

• (a) A citizen of the United States may apply to the Secretary of Transportation for a certificate authorizing the citizen to provide all-cargo air transportation. The application must contain information and be in the form the Secretary by regulation requires.
• (b) Not later than 180 days after an application for a certificate is filed under this section, the Secretary shall issue the certificate to a citizen of the United States authorizing the citizen, as an air carrier, to provide any part of the all-cargo air transportation applied for unless the Secretary finds that the citizen is not fit, willing, and able to provide the all-cargo air transportation to be authorized by the certificate and to comply with regulations of the Secretary.
• (c) The Secretary may impose terms the Secretary considers necessary when issuing a certificate under this section. However, the Secretary may not impose terms that restrict the places served or prices charged by the holder of the certificate.
• (d) A citizen issued a certificate under this section—
  • (1) is exempt in providing the transportation under the certificate from the requirements of—
    • (A) section 41101(a)(1) of this title and regulations or procedures prescribed under section 41101(a)(1); and
    • (B) other provisions of this part and regulations or procedures prescribed under those provisions when the Secretary finds under regulations of the Secretary that the exemption is appropriate; and
  • (2) is an air carrier under this part except to the extent the carrier is exempt under this section from a requirement of this part.