49 U.S.C. § 41305

Applications for permits

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(a)Form, Contents, Notice, Response, and Actions on Applications.—(1) A person must apply in writing to the Secretary of Transportation to be issued a permit under section 41302 of this title. The Secretary shall prescribe regulations to require that the application be—(A) verified;(B) in a certain form and contain certain information;(C) served on interested persons; and(D) accompanied by proof of service on those persons.(2) When an application is filed, the Secretary shall post a notice of the application in the office of the Secretary and give notice of the application to other persons as required by regulations of the Secretary. An interested person may file a response with the Secretary opposing or supporting the issuance of the permit. The Secretary shall act on an application as expeditiously as possible.(b)Terms.—The Secretary may impose terms for providing foreign air transportation under the permit that the Secretary finds may be required in the public interest.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1127.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41305(a)(1)	49 App.:1372(c).	Aug. 23, 1958, Pub. L. 85–726, § 402(c), (e) (related to terms, conditions, or limitations of permits), 72 Stat. 758.
	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.
41305(a)(2)	49 App.:1372(d).	Aug. 23, 1958, Pub. L. 85–726, § 402(d), 72 Stat. 758; Feb. 15, 1980, Pub. L. 96–192, § 8, 94 Stat. 38.
	49 App.:1551(b)(1)(E).
41305(b)	49 App.:1372(e) (related to terms, conditions, or limitations of permits).
	49 App.:1551(b)(1)(E).

In subsection (a)(1), before clause (A), the words “A person must apply . . . to the Secretary of Transportation to be issued a permit under section 41302 of this title” are added for clarity. Clause (C) is added for clarity.

In subsection (a)(2), the words “give due notice thereof to the public by” are omitted as surplus. The word “response” is substituted for “protest or memorandum” to eliminate unnecessary words. The word “expeditiously” is substituted for “speedily” for consistency in this chapter.

In subsection (b), the words “reasonable” and “conditions, or limitations” are omitted as surplus. The words “for providing foreign air transportation” are added for clarity.

Notes of Decisions

Cited in 1 case, 2018–2018 · 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 4× “” 49 U.S.C. § 41305 (b). The Secretary concedes that “the Department of Transportation did not expressly address [the Unions’] request” for permit conditions.”

— 49 U.S.C. § 41305(b) — 1 case

Air Line Pilots Ass'n v. Elaine Chao, 889 F.3d 785 (D.C. Cir. 2018). “” 49 U.S.C. § 41305 (b). The Secretary concedes that “the Department of Transportation did not expressly address [the Unions’] request” for permit conditions.”

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