Title 49 — TransportationRelease 119-73not60
§41302 Permits of Foreign Air Carriers
Title 49 › Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part A— AIR COMMERCE AND SAFETY › Subpart ii— economic regulation › Chapter 413— FOREIGN AIR TRANSPORTATION › § 41302
Summary
The Secretary can permit a non‑U.S. person to run international flights if two things are true: they can operate the flights and will follow the rules; and either their government has officially chosen them under a U.S. agreement or it is in the public interest.
Full Legal Text
Title 49, §41302
Transportation — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 4130249 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.
Reference
Citations & Metadata
Citation
49 U.S.C. § 41302
Title 49 — Transportation
Last Updated
Apr 5, 2026
Release point: 119-73not60