§ 41304 — Effective Periods And Amendments, Modifications, Suspensions, And Revocations Of Permits

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