---
kind: "range"
citation: "49 U.S.C. §§ 41301–41306"
title: "49"
from: "41301"
to: "41306"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/49/41301..41306"
---

# §41301. Requirement for a permit


A [foreign air carrier](/usc/49/40102.md?p=a-21) may provide [foreign air transportation](/usc/49/40102.md?p=a-23) only if the [foreign air carrier](/usc/49/40102.md?p=a-21) holds a permit issued under this chapter authorizing the [foreign air transportation](/usc/49/40102.md?p=a-23).


# §41302. Permits of foreign air carriers


The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may issue a permit to a person (except a [citizen of the United States](/usc/49/40102.md?p=a-15)) authorizing the person to provide [foreign air transportation](/usc/49/40102.md?p=a-23) as a [foreign air carrier](/usc/49/40102.md?p=a-21) if the Secretary finds that—

- (1) the person is fit, willing, and able to provide the [foreign air transportation](/usc/49/40102.md?p=a-23) to be authorized 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](/usc/49/40102.md?p=a-23) under an agreement with the [United States](/usc/49/40102.md?p=a-46) Government; or
  - (B) the [foreign air transportation](/usc/49/40102.md?p=a-23) to be provided under the permit will be in the public interest.

# §41303. Transfers of permits


A permit issued under [section 41302 of this title](/usc/49/41302.md) may be transferred only when the Secretary of [Transportation](/usc/49/13907.md?p=e-2) approves the transfer because the transfer is in the public interest.


# §41304. Effective periods and amendments, modifications, suspensions, and revocations of permits

- (a) **General.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may prescribe the period during which a permit issued under [section 41302 of this title](/usc/49/41302.md) 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](/usc/49/40102.md?p=a-21) of a foreign country, or amend, modify, or limit the operations of the [foreign air carriers](/usc/49/40102.md?p=a-21) 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](/usc/49/40102.md?p=a-21) of the foreign country, over the objection of the [United States](/usc/49/40102.md?p=a-46) Government, has—
      - (i) limited or denied the operating rights of an [air carrier](/usc/49/40102.md?p=a-2); or
      - (ii) engaged in unfair, discriminatory, or restrictive practices that have a substantial adverse competitive impact on an [air carrier](/usc/49/40102.md?p=a-2) related to [air transportation](/usc/49/40102.md?p=a-5) 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](/usc/49/40102.md?p=a-46) and the foreign country by a [foreign air carrier](/usc/49/40102.md?p=a-21) of a third country.
- (c) **Illegal Importation of Controlled Substances.—** The Secretary—
  - (1) in consultation with appropriate departments, [agencies](/usc/49/114.md?p=n-2-A-i), and instrumentalities of the Government, shall reexamine immediately the fitness of a [foreign air carrier](/usc/49/40102.md?p=a-21) that—
    - (A) violates the laws and regulations of the [United States](/usc/49/40102.md?p=a-46) 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](/usc/49/40102.md?p=a-46) on its [aircraft](/usc/49/40102.md?p=a-6); 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)](#a) of this section.

# §41305. Applications for permits

- (a) **Form, Contents, Notice, Response, and Actions on Applications.—**
  - (1) A person must apply in writing to the Secretary of [Transportation](/usc/49/13907.md?p=e-2) to be issued a permit under [section 41302 of this title](/usc/49/41302.md). The Secretary shall prescribe regulations to require that the application be—
    - (A) verified;
    - (B) in a certain form and contain certain information;
    - (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 office of the Secretary and give notice of the application to other persons as required by regulations of the Secretary. An interested person may file a response with the Secretary opposing or supporting the issuance of the permit. The Secretary shall act on an application as expeditiously as possible.
- (b) **Terms.—** The Secretary may impose terms for providing [foreign air transportation](/usc/49/40102.md?p=a-23) under the permit that the Secretary finds may be required in the public interest.

# §41306. Simplified procedure to apply for, amend, modify, and suspend permits

- (a) **Regulations.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall prescribe regulations that simplify the procedure for—
  - (1) acting on an application for a permit to provide [foreign air transportation](/usc/49/40102.md?p=a-23) under [section 41302 of this title](/usc/49/41302.md); and
  - (2) amending, modifying, or suspending any part of that permit under section [41304(a)](/usc/49/41304.md?p=a) or [(b)](/usc/49/41304.md?p=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 required to be provided under this section.