Page:United States Statutes at Large Volume 108 Part 2.djvu/412

 108 STAT. 1128 PUBLIC LAW 103-272—JULY 5, 1994 (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. §41306. SimpliHed procedure to apply for, amend, modify, and suspend permits (a) REGULATIONS. —The Secretary of Transportation shall prescribe regulations that simplify the procedure for— (1) acting on an application for a permit to provide foreign air transportation under section 41302 of this title; and (2) amending, modifying, or suspending any part of that permit under section 41304(a) or (b) of this title. (b) NOTICE AND OPPORTUNITY TO RESPOND.—Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section. §41307. Presidential review of actions about foreign air transportation The Secretary of Transportation shall submit to the President for review each decision of the Secretary to issue, deny, amend, modify, suspend, revoke, or transfer a certificate issued under section 41102 of this title authorizing an air carrier, or a permit issued under section 41302 of this title authorizing a foreign air carrier, to provide foreign air transportation. The President may disapprove the decision of the Secretary only if the reason for disapproval is based on foreign relations or national defense considerations that are under the jurisdiction of the President. The President may not disapprove a decision of the Secretary if the reason is economic or related to carrier selection. A decision of the Secretary— (1) is void if the President disapproves the decision and publishes the reasons (to the extent allowed by national security) for disapproval not later than 60 days after it is submitted to the President; or (2)(A) takes effect as a decision of the Secretary if the President does not disapprove the decision not later than 60 days after the decision is submitted to the President; and (B) when effective, may be reviewed judicially under section 46110 of this title. § 41308. Exemption from the antitrust laws (a) DEFINITION. —In this section, "antitrust laws" has the same meaning given that term in the first section of the Clayton Act (15 U.S.C. 12).

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