49 U.S.C. § 41304 — Effective periods and amendments, modifications, suspensions, and revocations of permits
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 336 words · no verdicts yet
The Secretary of Transportation sets how long a foreign air carrier permit lasts. After notice and a hearing, the Secretary can change, suspend, or cancel it if that serves the public interest. The Secretary can also act without a hearing against carriers whose country treats U.S. carriers unfairly, or that allow illegal drug imports.
(a) General rule. The Secretary of Transportation may set how long a permit issued under section 41302 stays in effect. After giving notice and a chance for a hearing, the Secretary may amend, modify, suspend, or revoke the permit if that action serves the public interest.
(b) Suspending or restricting without a hearing. Without a hearing, but with the President's approval, the Secretary (1) may summarily suspend the permits of a foreign country's air carriers, or amend, modify, or limit their operations, if the Secretary finds (A) the action serves the public interest, and (B) that country's government, aviation authority, or air carrier has — despite U.S. objection — (i) limited or denied another carrier's operating rights, or (ii) engaged in unfair, discriminatory, or restrictive practices that substantially hurt an air carrier's competitive position. (2) To make this work, the Secretary may also restrict a third country's carrier from flying between the U.S. and that foreign country.
(c) Illegal drug importation. (1) The Secretary, working with other agencies, must immediately re-examine the fitness of a foreign carrier that (A) breaks U.S. laws against illegally importing controlled substances, or (B) fails to take available steps to stop such imports on its aircraft. (2) When appropriate, the Secretary must amend, modify, suspend, or revoke that carrier's permit.
(d) Responses. Any interested person may file a response with the Secretary supporting or opposing an amendment, modification, suspension, or revocation of a permit under subsection (a).
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.
Without a hearing, but subject to the approval of the President, the Secretary—
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—
the action is in the public interest; and
the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection of the United States Government, has—
limited or denied the operating rights of an air carrier; or
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
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.
The Secretary—
in consultation with appropriate departments, agencies, and instrumentalities of the Government, shall reexamine immediately the fitness of a foreign air carrier that—
violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or
does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and
when appropriate, shall amend, modify, suspend, or revoke the permit of the carrier issued under this chapter.
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.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1127.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1127
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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