StacksVerified U.S. regulatory reference

49 U.S.C. § 41304

Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov
  1. (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.
  2. (b)Without a hearing, but subject to the approval of the President, the Secretary—
    1. (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—
      1. (A)the action is in the public interest; and
      2. (B)the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection of the United States Government, has—
        1. (i)limited or denied the operating rights of an air carrier; or
        2. (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. (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.
  3. (c)The Secretary—
    1. (1)in consultation with appropriate departments, agencies, and instrumentalities of the Government, shall reexamine immediately the fitness of a foreign air carrier that—
      1. (A)violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or
      2. (B)does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and
    2. (2)when appropriate, shall amend, modify, suspend, or revoke the permit of the carrier issued under this chapter.
  4. (d)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.