49 U.S.C. § 41305 — Applications for permits

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 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 au- thority, or a foreign air carrier of the for- eign 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 substan- tial 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 car- rier of a third country. (c) ILLEGAL IMPORTATION OF CONTROLLED SUB- STANCES.—The Secretary— (1) in consultation with appropriate depart- ments, 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 importa- tion of a controlled substance; or (B) does not adopt available measures to prevent the illegal importation of a con- trolled 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 sup- porting the amendment, modification, suspen- sion, or revocation of a permit under subsection (a) of this section. (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) 41304(a) ...... 49 App.:1372(e) (re- lated to duration of permits). Aug. 23, 1958, Pub. L. 85–726, § 402(e) (related to dura- tion of permits), 72 Stat. 758. 49 App.:1372(f)(1) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, § 402(f)(1), 72 Stat. 758; Feb. 15, 1980, Pub. L. 96–192, § 9, 94 Stat. 38. 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(b) ...... 49 App.:1372(f)(2). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 402(f)(2); added Feb. 15, 1980, Pub. L. 96–192, § 9, 94 Stat. 38. 49 App.:1551(b)(1)(E). 41304(c) ...... 49 App.:1371a (re- lated to permit). Aug. 15, 1985, Pub. L. 99–88, § 100 (1st complete par. re- lated to permit on p. 352), 99 Stat. 352. 41304(d) ...... 49 App.:1372(f)(1) (last sentence). 49 App.:1551(b)(1)(E). In subsection (a), the words ‘‘altered’’ and ‘‘can- celled’’ are omitted as surplus. In subsection (b)(1), before clause (A), the words ‘‘alter’’ and ‘‘condition’’ are omitted as surplus. In clause (B)(i) and (ii), the words ‘‘United States’’ before ‘‘air carriers’’ and ‘‘carriers’’ are omitted as surplus and for consistency because only a citizen of the United States may be an ‘‘air carrier’’ as defined in section 40102(a) of the revised title. In clause (B)(i), the word ‘‘impaired’’ is omitted as surplus. In subsection (c), before clause (1), the words ‘‘Not- withstanding any other provision of law’’ are omitted as surplus. The words ‘‘on and after August 15, 1985’’ are omitted as executed. In clause (1), before subclause (A), the words ‘‘law enforcement and other’’ are omitted as surplus. The words ‘‘departments, agencies, and instru- mentalities of the Government’’ are substituted for ‘‘agencies’’ for consistency in the revised title and with other titles of the Code. The words ‘‘a foreign air car- rier’’ are substituted for ‘‘any carrier’’ for clarity. In clause (2), the words ‘‘of public convenience and neces- sity’’ are omitted as surplus. The word ‘‘amend’’ is added for consistency. The words ‘‘issued under this chapter’’ are added for clarity. In subsection (d), the word ‘‘response’’ is substituted for ‘‘protest or memorandum’’ to eliminate unneces- sary words. The words ‘‘alteration’’ and ‘‘cancellation’’ are omitted as surplus. § 41305. Applications for permits (a) FORM, CONTENTS, NOTICE, RESPONSE, AND ACTIONS ON APPLICATIONS.—(1) A person must 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 must apply . . . to the Secretary of Transpor- tation to be issued a permit under section 41302 of this title’’ are added for clarity. Clause (C) is added for clar- ity. In subsection (a)(2), the words ‘‘give due notice there- of to the public by’’ are omitted as surplus. The word ‘‘response’’ is substituted for ‘‘protest or memo- randum’’ to eliminate unnecessary words. The word ‘‘expeditiously’’ is substituted for ‘‘speedily’’ for con- sistency in this chapter. In subsection (b), the words ‘‘reasonable’’ and ‘‘condi- tions, or limitations’’ are omitted as surplus. The words ‘‘for providing foreign air transportation’’ are added for clarity. § 41306. Simplified procedure to apply for, amend, modify, and suspend permits (a) REGULATIONS.—The Secretary of Transpor- tation shall prescribe regulations that simplify the procedure for— (1) acting on an application for a permit to provide foreign air transportation under sec- tion 41302 of this title; 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 re- quired to be provided under this section. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1128.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41306(a) ...... 49 App.:1372(h) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 402(h); added Oct. 24, 1978, Pub. L. 95–504, § 21(b)(1), 92 Stat. 1723. 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. 41306(b) ...... 49 App.:1372(h) (last sentence). In subsection (a)(1), the words ‘‘acting on’’ are sub- stituted for ‘‘disposition of’’ for consistency. The word ‘‘provide’’ is substituted for ‘‘engage in’’ for consist- ency in the revised title. In subsection (a)(2), the word ‘‘alteration’’ is omitted as surplus. The word ‘‘transfer’’ is omitted because 49 App.:1372(f) does not cover transfer of a permit. In subsection (b), the word ‘‘adequate’’ is omitted as surplus. § 41307. Presidential review of actions about for- eign air transportation The Secretary of Transportation shall submit to the President for review each decision of the Secretary to issue, deny, amend, modify, sus- pend, revoke, or transfer a certificate issued under section 41102 of this title authorizing an air carrier, or a permit issued under section 41302 of this title authorizing a foreign air car- rier, 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 dis- approve a decision of the Secretary if the reason is economic or related to carrier selection. A de- cision of the Secretary— (1) is void if the President disapproves the decision and publishes the reasons (to the ex- tent allowed by national security) for dis- approval not later than 60 days after it is sub- mitted to the President; or (2)(A) takes effect as a decision of the Sec- retary if the President does not disapprove the decision not later than 60 days after the deci- sion is submitted to the President; and (B) when effective, may be reviewed judi- cially under section 46110 of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1128.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41307 .......... 49 App.:1461(a). Aug. 23, 1958, Pub. L. 85–726, § 801(a), 72 Stat. 782; Mar. 22, 1972, Pub. L. 92–259, § 2, 86 Stat. 96; restated Oct. 24, 1978, Pub. L. 95–504, § 34, 92 Stat. 1740. 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.