49 USC 46103: Service of notice, process, and actions

49 USC 46103: Service of notice, process, and actions Text contains those laws in effect on January 7, 2011

From Title 49-TRANSPORTATIONSUBTITLE VII-AVIATION PROGRAMSPART A-AIR COMMERCE AND SAFETYsubpart iv-enforcement and penaltiesCHAPTER 461-INVESTIGATIONS AND PROCEEDINGS

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§46103. Service of notice, process, and actions

(a) Designating Agents.-(1) Each air carrier and foreign air carrier shall designate an agent on whom service of notice and process in a proceeding before, and an action of, the Secretary of Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may be made.

(2) The designation-

(A) shall be in writing and filed with the Secretary, Under Secretary, or Administrator; and

(B) may be changed in the same way as originally made.

(b) Service.-(1) Service may be made-

(A) by personal service;

(B) on a designated agent; or

(2) The date of service made by certified or registered mail is the date of mailing.

(c) Serving Agents.-Service on an agent designated under this section shall be made at the office or usual place of residence of the agent. If an air carrier or foreign air carrier does not have a designated agent, service may be made by posting the notice, process, or action in the office of the Secretary, Under Secretary, or Administrator.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1227 ; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46103(a)	49 App.:1485(b) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §1005(b), 72 Stat. 794 ..
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731 , §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704 .
	49 App.:1655(c)(1).	Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938 ; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444 .
46103(b)	49 App.:1485(c).	Aug. 23, 1958, Pub. L. 85–726, §1005(c), 72 Stat. 794 ; restated Aug. 25, 1959, Pub. L. 86–199, 73 Stat. 427 .
46103(c)	49 App.:1485(b) (last sentence).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).

In subsection (a)(1), the words "in a proceeding before" are added for clarity. The word "action" is substituted for "orders, decisions, and requirements" to eliminate unnecessary words. The words "for and on behalf of said carrier" are omitted as surplus.

In subsection (a)(2)(B), the words "from time to time" are omitted as surplus.

In subsection (b)(1)(B), the words "in writing for the purpose" are omitted as surplus.

In subsection (b)(1)(C), the word "addressed" is omitted as surplus.

In subsection (b)(2), the word "date" is substituted for "time" for clarity and consistency.

In subsection (c), the words "with like effect as if made personally upon such carrier" are omitted as surplus.

Amendments

2001-Subsec. (a)(1). Pub. L. 107–71, §140(b)(1), inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".

Subsec. (a)(2)(A). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator".

Subsec. (c). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator".

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.