49 U.S.C. § 41306 — Untitled legal text

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.