U.S Code last checked for updates: May 20, 2024
Searching within: All TitlesTitle 49Subtitle VIIPart ASubpart iiChapter 413
§ 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
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