49 U.S.C. § 41302

Permits of foreign air carriers

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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, § 1(e), July 5, 1994, 108 Stat. 1126.)

Historical and Revision Notes
41302	49 App.:1372(b).	Aug. 23, 1958, Pub. L. 85–726, § 402(b), 72 Stat. 758; restated Feb. 15, 1980, Pub. L. 96–192, § 7, 94 Stat. 38.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.

Historical and Revision Notes

41302

49 App.:1372(b).

Aug. 23, 1958, Pub. L. 85–726, § 402(b), 72 Stat. 758; restated Feb. 15, 1980, Pub. L. 96–192, § 7, 94 Stat. 38.

49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 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.

Notes of Decisions

Cited in 2 cases, 2008–2018 · leading case: Air Line Pilots Ass'n v. Elaine Chao, 889 F.3d 785 (D.C. Cir. 2018).

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Air Line Pilots Ass'n v. Elaine Chao, 889 F.3d 785 (D.C. Cir. 2018). · cites it 6× “The Secretary is authorized by 49 U.S.C. § 41302 to issue a permit where an applicant is “fit, willing, and able,” and either (A) “is qualified, and has been designated” to provide the air service by its home country under an international agreement or (B) will provide service…”

In Re Korean Air Lines Co., Ltd. Antitrust Litig., 567 F. Supp. 2d 1213 (C.D. Cal. 2008). “49 U.S.C. § 41302 . By the very nature of Plaintiffs' allegations, it appears beyond dispute that Defendants are so authorized.”

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