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49 U.S.C. § 41307 — Presidential review of actions about foreign air transportation
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Transportation shall submit to the President for review each decision of the Secretary to issue, deny, amend, modify, suspend, revoke, or transfer a certificate issued under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) authorizing an air carrier, or 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) authorizing a foreign air carrier, to provide foreign air transportation. The President may disapprove the decision of the Secretary only if the reason for disapproval is based on foreign relations or national defense considerations that are under the jurisdiction of the President. The President may not disapprove a decision of the Secretary if the reason is economic or related to carrier selection. A decision of the Secretary—
(1) is void if the President disapproves the decision and publishes the reasons (to the extent allowed by national security) for disapproval not later than 60 days after it is submitted to the President; or
(2)
(A) takes effect as a decision of the Secretary if the President does not disapprove the decision not later than 60 days after the decision is submitted to the President; and
(B) when effective, may be reviewed judicially under [section 46110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46110&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_cbc4c24ba76578e60c0759e9
Source file: Laws/federal/codes/united-states-code/title-49/section-41307-presidential-review-of-actions-about-foreign-air-transportation--d42d1231c8.md
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Passage SHA-256: 682f11536700a7957d73240f6fc20098844019bc857e9e4bb8f53ae9dd915f4c
Source location: Title 49, Chapter 413, § 41307; chapter-413-foreign-air-transportation.md
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The Secretary of Transportation shall submit to the President for review each decision of the Secretary to issue, deny, amend, modify, suspend, revoke, or transfer a certificate issued under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) authorizing an air carrier, or 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) authorizing a foreign air carrier, to provide foreign air transportation. The President may disapprove the decision of the Secretary only if the reason for disapproval is based on foreign relations or national defense considerations that are under the jurisdiction of the President. The President may not disapprove a decision of the Secretary if the reason is economic or related to carrier selection. A decision of the Secretary—
(1) is void if the President disapproves the decision and publishes the reasons (to the extent allowed by national security) for disapproval not later than 60 days after it is submitted to the President; or
(2)
(A) takes effect as a decision of the Secretary if the President does not disapprove the decision not later than 60 days after the decision is submitted to the President; and
(B) when effective, may be reviewed judicially under [section 46110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46110&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance.—** The Secretary of Transportation may issue a certificate of public convenience and necessity to a citizen of the United States authorizing the citizen to provide any part of the following air transportation the citizen has applied for under [section 41108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41108&num=0&edition=prelim):
(1) air transportation as an air carrier.
(2) temporary air transportation as an air carrier for a limited period.
(3) charter air transportation as a charter air carrier.
**(b) Findings Required for Issuance.—**
(1) Before issuing a certificate under subsection (a) of this section, the Secretary must find that the citizen is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this part and regulations of the Secretary.
(2) In addition to the findings under paragraph (1) of this subsection, the Secretary, before issuing a certificate under subsection (a) of this section for foreign air transportation, must find that the transportation is consistent with the public convenience and necessity.
**(c) Temporary Certificates.—** The Secretary may issue a certificate under subsection (a) of this section for interstate air transportation (except the transportation of passengers) or foreign air transportation for a temporary period of time (whether the application is for permanent or temporary authority) when the Secretary decides that a test period is desirable—
(1) to decide if the projected services, efficiencies, methods, and prices and the projected results will materialize and remain for a sustained period of time; or
(2) to evaluate the new transportation.
**(d) Foreign Air Transportation.—** The Secretary shall submit e
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing and Venue.—** Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or 41509(f) of this title, a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) in whole or in part under this part, part B, or subsection (l) or (r) of section 114 may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60th day only if there are reasonable grounds for not filing by the 60th day.
**(b) Judicial Procedures.—** When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall send a copy of the petition to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate. The Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall file with the court a record of any proceeding in which the order was issued, as provided in [section 2112 of title
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 46110
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity:
(1) assigning and maintaining safety as the highest priority in air commerce.
(2) before authorizing new air transportation services, evaluating the safety implications of those services.
(3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public.
(4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices.
(5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions.
(6) placing maximum reliance on competitive market forces and on actual and potential competition—
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation.
(7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of—
(A) the
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Form, Contents, and Proof of Service.—** To be issued a certificate of public convenience and necessity under [section 41102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim), a citizen of the United States must apply to the Secretary of Transportation. The application must—
(1) be in the form and contain information required by regulations of the Secretary; and
(2) be accompanied by proof of service on interested persons as required by regulations of the Secretary and on each community that may be affected by the issuance of the certificate.
**(b) Notice, Response, and Actions on Applications.—**
(1) When an application is filed, the Secretary shall post a notice of the application in the office of the Secretary and give notice of the application to other persons as required by regulations of the Secretary. An interested person may file a response with the Secretary opposing or supporting the issuance of the certificate. Not later than 90 days after the application is filed, the Secretary shall—
(A) provide an opportunity for a public hearing on the application;
(B) begin the procedure under [section 41111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41111&num=0&edition=prelim); or
(C) dismiss the application on its merits.
(2) An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection is a final order and may be reviewed judicially under [section 46110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46110&num=0&edition=prelim).
(3) If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection, an initial or recommended decision s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41108
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Federal law — U.S. Code and appendices · legal_authorities
Page 1132
TITLE 49—TRANSPORTATION
§ 41306
apply in writing to the Secretary of Transpor-
tation to be issued a permit under section 41302
of this title. The Secretary shall prescribe regu-
lations to require that the application be—
(A) verified;
(B) in a certain form and contain certain in-
formation;
(C) served on interested persons; and
(D) accompanied by proof of service on those
persons.
(2) When an application is filed, the Secretary
shall post a notice of the application in the of-
fice of the Secretary and give notice of the ap-
plication to other persons as required by regula-
tions of the Secretary. An interested person may
file a response with the Secretary opposing or
supporting the issuance of the permit. The Sec-
retary shall act on an application as expedi-
tiously as possible.
(b) TERMS.—The Secretary may impose terms
for providing foreign air transportation under
the permit that the Secretary finds may be re-
quired 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)
41305(a)(1) ..
49 App.:1372(c).
Aug. 23, 1958, Pub. L. 85–726,
§ 402(c),
(e)
(related
to
terms, conditions, or limi-
tations
of
permits),
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.
41305(a)(2) ..
49 App.:1372(d).
Aug. 23, 1958, Pub. L. 85–726,
§ 402(d), 72 Stat. 758; Feb.
15, 1980, Pub. L. 96–192, § 8,
94 Stat. 38.
49 App.:1551(b)(1)(E).
41305(b) ......
49 App.:1372(e) (re-
lated to terms,
conditions, or
limitations of per-
mits).
49 App.:1551(b)(1)(E).
In subsection (a)(1), before clause (A), the words ‘‘A
person m
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41307
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.