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49 U.S.C. § 41302 — Permits of foreign air carriers
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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Stable record: federal_law:legal_authorities:record_usc_f36ceebefadbada8091adac3
Source file: Laws/federal/codes/united-states-code/title-49/section-41302-permits-of-foreign-air-carriers--bff4d0a57e.md
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Source location: Title 49, Chapter 413, § 41302; chapter-413-foreign-air-transportation.md
Stored source content
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
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) may be transferred only when the Secretary of Transportation approves the transfer because the transfer is in the public interest.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41303
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41304
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Form, Contents, Notice, Response, and Actions on Applications.—**
(1) A person must apply in writing to the Secretary of Transportation to be issued a permit under [section 41302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41302&num=0&edition=prelim). The Secretary shall prescribe regulations to require that the application be—
(A) verified;
(B) in a certain form and contain certain information;
(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 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 permit. The Secretary shall act on an application as expeditiously as possible.
**(b) Terms.—** The Secretary may impose terms for providing foreign air transportation under the permit that the Secretary finds may be required in the public interest.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41305
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations.—** The Secretary of Transportation shall prescribe regulations that simplify the procedure for—
(1) acting on an application for a permit to provide foreign air transportation under [section 41302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41302&num=0&edition=prelim); and
(2) amending, modifying, or suspending any part of that permit under section 41304(a) or (b) of this title.
**(b) Notice and Opportunity To Respond.—** Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41306
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41307
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Administrator of the Transportation Security Administration shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. In the case of flights and flight segments originating in the United States, the screening shall take place before boarding and shall be carried out by a Federal Government employee (as defined in [section 2105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim)), except as otherwise provided in section 44920 and except for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match programs.
**(b) Supervision of Screening.—** All screening of passengers and property at airports in the United States where screening is required under this section shall be supervised by uniformed Federal personnel of the Transportation Security Administration who shall have the power to order the dismissal of any individual performing such screening.
**(c) Checked Baggage.—** A system must be in operation to screen all checked baggage at all airports in the United States as soon as practicable.
**(d) Explosives Detection Systems.—**
(1) **In general.—** — The Administrator of the Transportation Security Administration shall take all necessary action to ensure that—
(A) explosives detection systems are deployed as soon as possible to ensure that all United States airports described in section 44903(c) have sufficient explosives detection systems to screen all checked baggag
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44901
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1130
TITLE 49—TRANSPORTATION
§ 41301
air carrier employees, and representatives of such other
entities as the Secretary considers appropriate.
‘‘(b) GUIDELINES
AND RECOMMENDATIONS.—The task
force established pursuant to subsection (a) shall de-
velop—
‘‘(1) guidelines to assist air carriers in responding
to aircraft accidents;
‘‘(2) recommendations on methods to ensure that
attorneys and representatives of media organizations
do not intrude on the privacy of families of pas-
sengers involved in an aircraft accident;
‘‘(3) recommendations on methods to ensure that
the families of passengers involved in an aircraft ac-
cident who are not citizens of the United States re-
ceive appropriate assistance;
‘‘(4) recommendations on methods to ensure that
State mental health licensing laws do not act to pre-
vent out-of-state mental health workers from work-
ing at the site of an aircraft accident or other related
sites;
‘‘(5) recommendations on the extent to which mili-
tary experts and facilities can be used to aid in the
identification of the remains of passengers involved
in an aircraft accident; and
‘‘(6) recommendations on methods to improve the
timeliness of the notification provided by air carriers
to the families of passengers involved in an aircraft
accident, including—
‘‘(A) an analysis of the steps that air carriers
would have to take to ensure that an accurate list
of passengers on board the aircraft would be avail-
able within 1 hour of the accident and an analysis
of such steps to ensure that such list would be
available within 3 hours of the accident;
‘‘(B) an analysis of the added costs to air carriers
and travel agents that would result if air carriers
were required to take the steps described in sub-
paragraph (A);
‘‘(C) an analy
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41302
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.