49 Usc 41302

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[CITE: 49USC41302]

TITLE 49--TRANSPORTATION

SUBTITLE VII--AVIATION PROGRAMS

PART A--AIR COMMERCE AND SAFETY

subpart ii--economic regulation

CHAPTER 413--FOREIGN AIR TRANSPORTATION

Sec. 41302. Permits of foreign air carriers

The Secretary of Transportation may issue a permit to a person
(except a citizen of the United States) authorizing the person to
provide foreign air transportation as a foreign air carrier if the
Secretary finds that--
(1) the person is fit, willing, and able to provide the foreign
air transportation 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
under an agreement with the United States Government; or
(B) the foreign air transportation to be provided under the
permit will be in the public interest.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1126.)

Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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41302................................. 49 App.:1372(b). Aug. 23, 1958, Pub. L. 85-726, Sec.
402(b), 72 Stat. 758; restated Feb.
15, 1980, Pub. L. 96-192, Sec. 7, 94
Stat. 38.
49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 1601(b)(1)(E); added Oct.
4, 1984, Pub. L. 98-443, Sec. 3(e),
98 Stat. 1704.
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In this section, before clause (1), the words ``person (except a
citizen of the United States)'' and ``person'' are substituted for
``applicant'' for clarity and consistency because only a person other
than a United States citizen may be a ``foreign air carrier'' as defined
in section 40102(a) of the revised title. In clauses (1) and (2), the
word ``provide'' is substituted for ``perform'' for consistency in the
revised title. In clause (1), the word ``properly'' is omitted as
surplus. The word ``comply'' is substituted for ``conform'' for
consistency in the revised title. The word ``rules'' is omitted as being
synonymous with ``regulations''. The word ``requirements'' is omitted as
surplus. In clause (2)(A), the words ``government of its country'' are
substituted for ``its government'' for consistency in the revised title
and with other titles of the United States Code.

Section Referred to in Other Sections

This section is referred to in sections 41303, 41304, 41305, 41306,
41307, 41310, 41313, 41703, 41709, 44901, 46316 of this title.