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49 U.S.C. § 41304 — Effective periods and amendments, modifications, suspensions, and revocations of permits

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41304 — Effective periods and amendments, modifications, suspensions, and revocations of permits

**(a) General.—** The Secretary of Transportation may prescribe the period during which a permit issued under [section 41302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41302&num=0&edition=prelim) is in effect. After notice and an opportunity for a hearing, the Secretary may amend, modify, suspend, or revoke the permit if the Secretary finds that action to be in the public interest. **(b) Suspensions and Restrictions.—** Without a hearing, but subject to the approval of the President, the Secretary— (1) may suspend summarily the permits of foreign air carriers of a foreign country, or amend, modify, or limit the operations of the foreign air carriers under the permits, when the Secretary finds— (A) the action is in the public interest; and (B) the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection of the United States Government, has— (i) limited or denied the operating rights of an air carrier; or (ii) engaged in unfair, discriminatory, or restrictive practices that have a substantial adverse competitive impact on an air carrier related to air transportation to, from, through, or over the territory of the foreign country; and (2) to make this subsection effective, may restrict operations between the United States and the foreign country by a foreign air carrier of a third country. **(c) Illegal Importation of Controlled Substances.—** The Secretary— (1) in consultation with appropriate departments, agencies, and instrumentalities of the Government, shall reexamine immediately the fitness of a foreign air carrier that— (A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or (

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Source file: Laws/federal/codes/united-states-code/title-49/section-41304-effective-periods-and-amendments-modifications-suspensions-and-revocatio--517ee45cef.md
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Source location: Title 49, Chapter 413, § 41304; chapter-413-foreign-air-transportation.md

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**(a) General.—** The Secretary of Transportation may prescribe the period during which a permit issued under [section 41302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41302&num=0&edition=prelim) is in effect. After notice and an opportunity for a hearing, the Secretary may amend, modify, suspend, or revoke the permit if the Secretary finds that action to be in the public interest. **(b) Suspensions and Restrictions.—** Without a hearing, but subject to the approval of the President, the Secretary— (1) may suspend summarily the permits of foreign air carriers of a foreign country, or amend, modify, or limit the operations of the foreign air carriers under the permits, when the Secretary finds— (A) the action is in the public interest; and (B) the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection of the United States Government, has— (i) limited or denied the operating rights of an air carrier; or (ii) engaged in unfair, discriminatory, or restrictive practices that have a substantial adverse competitive impact on an air carrier related to air transportation to, from, through, or over the territory of the foreign country; and (2) to make this subsection effective, may restrict operations between the United States and the foreign country by a foreign air carrier of a third country. **(c) Illegal Importation of Controlled Substances.—** The Secretary— (1) in consultation with appropriate departments, agencies, and instrumentalities of the Government, shall reexamine immediately the fitness of a foreign air carrier that— (A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or (B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and (2) when appropriate, shall amend, modify, suspend, or revoke the permit of the carrier issued under this chapter. **(d) Responses.—** An interested person may file a response with the Secretary opposing or supporting the amendment, modification, suspension, or revocation of a permit under subsection (a) of this section.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41302 — Permits of foreign air carriers

The Secretary of Transportation may issue a permit to a person (except a citizen of the United States) authorizing the person to provide foreign air transportation as a foreign air carrier if the Secretary finds that— (1) the person is fit, willing, and able to provide the foreign air transportation to be authorized by the permit and to comply with this part and regulations of the Secretary; and (2) (A) the person is qualified, and has been designated by the government of its country, to provide the foreign air transportation under an agreement with the United States Government; or (B) the foreign air transportation to be provided under the permit will be in the public interest.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41304 — Effective periods and amendments, modi-

Page 1131 TITLE 49—TRANSPORTATION § 41305 are substituted for ‘‘applicant’’ for clarity and consist- ency because only a person other than a United States citizen may be a ‘‘foreign air carrier’’ as defined in sec- tion 40102(a) of the revised title. In clauses (1) and (2), the word ‘‘provide’’ is substituted for ‘‘perform’’ for consistency in the revised title. In clause (1), the word ‘‘properly’’ is omitted as surplus. The word ‘‘comply’’ is substituted for ‘‘conform’’ for consistency in the re- vised title. The word ‘‘rules’’ is omitted as being syn- onymous with ‘‘regulations’’. The word ‘‘requirements’’ is omitted as surplus. In clause (2)(A), the words ‘‘gov- ernment of its country’’ are substituted for ‘‘its gov- ernment’’ for consistency in the revised title and with other titles of the United States Code. § 41303. Transfers of permits A permit issued under section 41302 of this title may be transferred only when the Sec- retary of Transportation approves the transfer because the transfer is in the public interest. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1127.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41303 .......... 49 App.:1372(g). Aug. 23, 1958, Pub. L. 85–726, § 402(g), 72 Stat. 758. 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. § 41304. Effective periods and amendments, modi- fications, suspensions, and revocations of permits (a) GENERAL.—The Secretary of Transpor- tation may prescribe the period during which a permit issued under section 41302 of this title is in effect. After notice and an opportunity for a hearing, the Secretary may amend, modify, sus- pend, or revoke

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41304

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