{"identifier":"/us/usc/t49/s41304","title":49,"num":"\u00a7\u202f41304.","heading":"Effective periods and amendments, modifications, suspensions, and revocations of permits","text":"\u00a7\u202f41304.\nEffective periods and amendments, modifications, suspensions, and revocations of permits\n(a)\nGeneral.\u2014\nThe Secretary of Transportation may prescribe the period during which a permit issued under\nsection 41302 of this title\n(b)\nSuspensions and Restrictions.\u2014\nWithout a hearing, but subject to the approval of the President, the Secretary\u2014\n(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\u2014\n(A) the action is in the public interest; and\n(B) the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection of the United States Government, has\u2014\n(i) limited or denied the operating rights of an air carrier; or\n(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\n(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.\n(c)\nIllegal Importation of Controlled Substances.\u2014\nThe Secretary\u2014\n(1) in consultation with appropriate departments, agencies, and instrumentalities of the Government, shall reexamine immediately the fitness of a foreign air carrier that\u2014\n(A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or\n(B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and\n(2) when appropriate, shall amend, modify, suspend, or revoke the permit of the carrier issued under this chapter.\n(d)\nResponses.\u2014\nAn 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.","url":"https://projectusc.org/usc/t49/s41304.html","content":[{"t":"sec","id":"/us/usc/t49/s41304","children":[{"t":"num","text":"\u00a7\u202f41304."},{"t":"heading","text":"Effective periods and amendments, modifications, suspensions, and revocations of permits"},{"t":"subsec","id":"/us/usc/t49/s41304/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"General.\u2014"},{"t":"content","text":"The Secretary of Transportation may prescribe the period during which a permit issued under ","children":[{"t":"ref","text":"section 41302 of this title","href":"/us/usc/t49/s41302","tail":" 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."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s41304/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Suspensions and Restrictions.\u2014"},{"t":"chapeau","text":"Without a hearing, but subject to the approval of the President, the Secretary\u2014"},{"t":"para","id":"/us/usc/t49/s41304/b/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" 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\u2014"},{"t":"subpara","id":"/us/usc/t49/s41304/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the action is in the public interest; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t49/s41304/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection of the United States Government, has\u2014"},{"t":"clause","id":"/us/usc/t49/s41304/b/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" limited or denied the operating rights of an air carrier; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t49/s41304/b/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s41304/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s41304/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Illegal Importation of Controlled Substances.\u2014"},{"t":"chapeau","text":"The Secretary\u2014"},{"t":"para","id":"/us/usc/t49/s41304/c/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" in consultation with appropriate departments, agencies, and instrumentalities of the Government, shall reexamine immediately the fitness of a foreign air carrier that\u2014"},{"t":"subpara","id":"/us/usc/t49/s41304/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t49/s41304/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s41304/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" when appropriate, shall amend, modify, suspend, or revoke the permit of the carrier issued under this chapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s41304/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Responses.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}