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

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 analysis of any inconvenience to pas- sengers, including flight delays, that would result if air carriers were required to take the steps de- scribed in subparagraph (A); and ‘‘(D) an analysis of the implications for personal privacy that would result if air carriers were re- quired to take the steps described in subparagraph (A). ‘‘(c) REPORT.—Not later than 1 year after the date of the enactment of this Act [Oct. 9, 1996], the Secretary shall transmit to Congress a report containing the model plan and recommendations developed by the task force under subsection (b).’’ LIMITATION ON STATUTORY CONSTRUCTION Pub. L. 104–264, title VII, § 705, Oct. 9, 1996, 110 Stat. 3269, provided that: ‘‘Nothing in this title [enacting this section and section 1136 of this title, amending sec- tion 1155 of this title, and enacting provisions set out as notes under this section and section 40101 of this title] or any amendment made by this title may be con- strued as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to the families of passengers in- volved in an aircraft accident.’’ CHAPTER 413—FOREIGN AIR TRANSPORTATION Sec. 41301. Requirement for a permit. 41302. Permits of foreign air carriers. 41303. Transfers of permits. 41304. Effective periods and amendments, modifica- tions, suspensions, and revocations of per- mits. 41305. Applications for permits. 41306. Simplified procedure to apply for, amend, modify, and suspend permits. 41307. Presidential review of actions about foreign air transportation. 41308. Exemption from the antitrust laws. Sec. 41309. Cooperative agreements and requests. 41310. Discriminatory practices. 41311. Gambling restrictions. 41312. Ending or suspending foreign air transpor- tation. 41313. Plans to address needs of families of pas- sengers involved in foreign air carrier acci- dents. Editorial Notes AMENDMENTS 1997—Pub. L. 105–148, § 1(b), Dec. 16, 1997, 111 Stat. 2683, added item 41313. 1994—Pub. L. 103–429, § 6(51)(B), Oct. 31, 1994, 108 Stat. 4385, added item 41312. Pub. L. 103–305, title II, § 205(a)(2), Aug. 23, 1994, 108 Stat. 1583, added item 41311. § 41301. Requirement for a permit A foreign air carrier may provide foreign air transportation only if the foreign air carrier holds a permit issued under this chapter author- izing the foreign air transportation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1126.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41301 .......... 49 App.:1372(a). Aug. 23, 1958, Pub. L. 85–726, § 402(a), 72 Stat. 757. The word ‘‘provide’’ is substituted for ‘‘engage in’’ for consistency in the revised title. The word ‘‘holds’’ is substituted for ‘‘there is in force’’ to eliminate unnec- essary words. § 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 car- rier if the Secretary finds that— (1) the person is fit, willing, and able to pro- vide the foreign air transportation to be au- thorized 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 Govern- ment; or (B) the foreign air transportation to be pro- vided under the permit will be in the public in- terest. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1126.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41302 .......... 49 App.:1372(b). Aug. 23, 1958, Pub. L. 85–726, § 402(b), 72 Stat. 758; re- stated Feb. 15, 1980, Pub. L. 96–192, § 7, 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. In this section, before clause (1), the words ‘‘person (except a citizen of the United States)’’ and ‘‘person’’ 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