52 STAT.] 75TH CONG., 3D SESS.-CH. 601-JUNE 23, 1938 the United States and foreign countries, in addition to the transporta- tion of mail authorized in certificates then currently effective, the Postmaster General shall certify such finding to the Authority and file therewith a statement showing such additional service and the facilities necessary in connection therewith, and a copy of such certifi- cation and statement shall be posted for at least twenty days in the office of the secretary of the Authority. The Authority shall, after notice and hearing, and if found by it to be required by the public convenience and necessity, make provision for such additional service, and the facilities necessary in connection therewith, by issuing a new certificate or certificates or by amending an existing certificate or certificates in accordance with the provisions of this section. PERMITS TO FOREIGN AIR CARRIERS Permit Required SEC. 402. (a) No foreign air carrier shall engage in foreign air trans- portation unless there is in force a permit issued by the Authority authorizing such carrier so to engage: Provided, That if any foreign air carrier is engaged in such transportation on the date of the enact- ment of this Act, such carrier may continue so to engage between the same terminal and intermediate points for one hundred and twenty days after said date, and thereafter until such time as the Authority shall pass upon an application for a permit for such transportation if within said one hundred and twenty days such carrier files such application as provided in this section. Issuance of Permit (b) The Authority is empowered to issue such a permit if it finds that such carrier is fit, willing, and able properly to perform such air transportation and to conform to the provisions of this Act and the rules, regulations, and requirements of the Authority hereunder, and that such transportation will be in the public interest. Existing Permits (c) Any such carrier who holds a permit issued by the Secretary of Commerce under section 6 of the Air Commerce Act of 1926, as amended, which was in effect on May 14, 1938, and which authorizes such carrier to operate between any foreign country and the United States, shall be entitled to receive a permit under this section upon proof of that fact only. Application for Permit (d) Application for a permit shall be made in writing to the Authority, shall be so verified, shall be in such form and contain such information, and shall be accompanied by such proof of service upon such interested persons, as the Authority shall by regulation require. Notice of Application (e) Upon the filing of an application for a permit the Authority shall give due notice thereof to the public by posting a notice of such application in the office of the secretary of the Authority and to such other persons as the Authority may by regulation determine. Any interested person may file with the Authority a protest or memo- randum of opposition to or in support of the issuance of a permit. Such application shall be set for public hearing and the Authority shall dispose of such applications as speedily as possible. 991 Permits to foreign air carriers. Permit required. Proviso. Existing carriers. Issuance of permit. Existing permits. 44 Stat. 572. 40U.S. §176. Application for per- mit. Notice of applica- tion.
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