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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
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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.