
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC41304]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                 CHAPTER 413--FOREIGN AIR TRANSPORTATION
 
Sec. 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, Sec. 1(e), July 5, 1994, 108 Stat. 1127.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
41304(a)..............................  49 App.:1372(e) (related to      Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         duration of permits).            402(e
) (related to duration of
                                                                          permi
ts), 72 Stat. 758.
                                        49 App.:1372(f)(1) (1st          Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         sentence).                       402(f
)(1), 72 Stat. 758; Feb. 15,
                                                                          1980,
 Pub. L. 96-192, Sec.  9, 94
                                                                          Stat.
 38.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
41304(b)..............................  49 App.:1372(f)(2).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  402(f)(2); added Feb. 15,
                                                                          1980,
 Pub. L. 96-192, Sec.  9, 94
                                                                          Stat.
 38.
                                        49 App.:1551(b)(1)(E).
41304(c)..............................  49 App.:1371a (related to        Aug. 1
5, 1985, Pub. L. 99-88, Sec.  100
                                         permit).                         (1st 
complete par. related to permit
                                                                          on p.
 352), 99 Stat. 352.
41304(d)..............................  49 App.:1372(f)(1) (last
                                         sentence).
                                        49 App.:1551(b)(1)(E).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``altered'' and ``cancelled'' are 
omitted as surplus.
    In subsection (b)(1), before clause (A), the words ``alter'' and 
``condition'' are omitted as surplus. In clause (B)(i) and (ii), the 
words ``United States'' before ``air carriers'' and ``carriers'' are 
omitted as surplus and for consistency because only a citizen of the 
United States may be an ``air carrier'' as defined in section 40102(a) 
of the revised title. In clause (B)(i), the word ``impaired'' is omitted 
as surplus.
    In subsection (c), before clause (1), the words ``Notwithstanding 
any other provision of law'' are omitted as surplus. The words ``on and 
after August 15, 1985'' are omitted as executed. In clause (1), before 
subclause (A), the words ``law enforcement and other'' are omitted as 
surplus. The words ``departments, agencies, and instrumentalities of the 
Government'' are substituted for ``agencies'' for consistency in the 
revised title and with other titles of the Code. The words ``a foreign 
air carrier'' are substituted for ``any carrier'' for clarity. In clause 
(2), the words ``of public convenience and necessity'' are omitted as 
surplus. The word ``amend'' is added for consistency. The words ``issued 
under this chapter'' are added for clarity.
    In subsection (d), the word ``response'' is substituted for 
``protest or memorandum'' to eliminate unnecessary words. The words 
``alteration'' and ``cancellation'' are omitted as surplus.

                  Section Referred to in Other Sections

    This section is referred to in sections 41306, 41310 of this title.
