49 USC 41304 - Effective periods and amendments, modifications, suspensions, and revocations of permits

U.S Code last checked for updates: Feb 22, 2025

§ 41304.

Effective periods and amendments, modifications, suspensions, and revocations of permits

(a)

General.—

The Secretary of Transportation 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, 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

(B)

does not adopt available measures to prevent the illegal importation of a controlled 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 supporting the amendment, modification, suspension, or revocation of a permit under subsection (a) of this section.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1127.)

cite as: 49 USC 41304