title-14-part-375-sec375-1

363

Office of the Secretary, DOT

§ 375.1

§ 374a.8

Prospective application of

part.

The provisions of this part shall

apply only to the extension of credit by
an air carrier to a candidate, or to a
person acting on his behalf, which is
made subsequent to the effective date
of this part, and shall not be applicable
to debts incurred prior to such date but
which are unpaid as of the effective
date of this part. The provisions of this
part will be applicable, however, to all
credit transactions which occur subse-
quent to the effective date of the part
even though the credit account in
which the transaction takes place was
opened prior to the effective date of
the part.

PART 375—NAVIGATION OF FOR-

EIGN CIVIL AIRCRAFT WITHIN THE
UNITED STATES

Subpart A—General

Sec.
375.1

Definitions.

375.2

Applicability.

375.3

[Reserved]

Subpart B—Authorization

375.10

Certain foreign civil aircraft reg-

istered in ICAO member states.

375.11

Other foreign civil aircraft.

Subpart C—Rules Generally Applicable

375.19

Nature of privilege conferred.

375.20

Airworthiness and registration cer-

tificates.

375.21

Airmen.

375.22

Flight operations.

375.23

Maximum allowable weights.

375.24

Entry and clearance.

375.25

Unauthorized operations.

375.26

Waiver of sovereign immunity.

Subpart D—Authorized Operations

375.30

Operations other than commercial air

operations.

375.31

Demonstration flights of foreign air-

craft.

375.32

Flights incidental to agricultural and

industrial operations outside the United
States.

375.33

Transit flights, irregular operations.

375.34

Indoctrination training.

375.35

Free transportation.

375.36

Lease of foreign civil aircraft without

crew.

375.37

Certain business aviation activities

using U.S.-registered foreign civil air-
craft.

375.38

Other foreign civil aircraft: Small un-

manned aircraft operated exclusively as
model aircraft.

Subpart E—Operations Requiring Specific

Preflight Authorization of Filing

375.40

Permits for commercial air oper-

ations.

375.41

Agricultural and industrial oper-

ations within the United States.

375.42

Transport operations—occasional

planeload charters.

375.43

Application for foreign aircraft per-

mit.

375.44

Issuance of permit.

375.45

Records and reports of occasional

planeload charters.

Subpart F—Transit Flights.

375.50

Transit flights; scheduled inter-

national air service operations.

Subpart G—Penalties

375.60

Penalties.

Subpart H—Special Authorization

375.70

Special authorization.

PPENDIX

ART

375—F

ORM

4509

UTHORITY

: 49 U.S.C. 40102, 40103, and 41703.

OURCE

: OST Doc. No. 42547, 51 FR 7254,

Mar. 3, 1986, unless otherwise noted.

Subpart A—General

§ 375.1

Definitions.

As used in this part:
Air transportation means the carriage

by aircraft of persons or property as a
common carrier for compensation or
hire or the carriage of mail by aircraft
in interstate, overseas, or foreign com-
merce (see 49 U.S.C. 40102 (a)(5) and
(a)(24));

Category shall indicate a classifica-

tion of aircraft such as airplane, heli-
copter, glider, etc.;

Commercial air operations shall mean

operations by foreign civil aircraft en-
gaged in flights for the purpose of crop
dusting, pest control, pipeline patrol,
mapping, surveying, banner towing,
skywriting, or similar agricultural and
industrial operations performed in the
United States, and any operations for

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14 CFR Ch. II (1–1–24 Edition)

§ 375.2

remuneration or hire to, from or with-
in the United States including air car-
riage involving the discharging or tak-
ing on of passengers or cargo at one or
more points in the United States, in-
cluding carriage of cargo for the opera-
tor’s own account if the cargo is to be
resold or otherwise used in the further-
ance of a business other than the busi-
ness of providing carriage by aircraft,
but excluding operations pursuant to
foreign air carrier permits issued under
49 U.S.C. 41301, exemptions, and all
other operations in air transportation.

Exemption means an exemption grant-

ed, under 49 U.S.C. 40109, authorizing
air transportation by a foreign air car-
rier;

Foreign air carrier permit means a per-

mit authorizing foreign air transpor-
tation by a foreign air carrier pursuant
to 49 U.S.C. 41301;

Foreign aircraft permit means a permit

authorizing navigation of foreign civil
aircraft in the United States pursuant
to 49 U.S.C. 41703 and this part;

Foreign civil aircraft means (a) an air-

craft of foreign registry that is not
part of the armed forces of a foreign
nation, or (b) a U.S.-registered aircraft
owned, controlled or operated by per-
sons who are not citizens or permanent
residents of the United States;

Stop for non-traffic purposes means a

landing for any purpose other than
taking on or discharging passengers,
cargo or mail, and does not include
landings for embarking or dis-
embarking stopover passengers or
transshipped cargo or mail, or for other
than strictly operational purposes.

Type means all aircraft of the same

basic design including all modifica-
tions thereto except those modifica-
tions that result in a change in han-
dling or flight characteristics.

[OST Doc. No. 42547, 51 FR 7254, Mar. 3, 1986,
as amended at 71 FR 15328, Mar. 28, 2006; Doc.
No. DOT-OST-2014-0140, 84 FR 15940, Apr. 16,
2019]

§ 375.2

Applicability.

The provisions of this part regulate

the admission to, and navigation in,
the United States of foreign civil air-
craft other than aircraft operated
under authority contained in a foreign
air carrier permit or exemption. This
part also contains provisions that

specify the extent to which certain
classes of flight operations by foreign
civil aircraft may be conducted, and
the terms and conditions applicable to
such operations. Nothing in this part
shall authorize any foreign civil air-
craft to engage in air transportation
nor be deemed to provide for such au-
thorization by the Department.

§ 375.3

[Reserved]

Subpart B—Authorization

§ 375.10

Certain foreign civil aircraft

registered in ICAO member states.

Subject to the observance of the ap-

plicable rules, conditions, and limita-
tions set forth in this part:

(a) Foreign civil aircraft manufac-

tured in a State that at the time of
manufacture was a member of the
International Civil Aviation Organiza-
tion (ICAO), and registered in a State
that at the time of flight is a member
of ICAO, may be navigated in the
United States;

(b) Foreign civil aircraft manufac-

tured in a State that at the time of
manufacture was not a member of
ICAO, and registered in a State that at
the time of flight is a member of ICAO,
may be navigated in the United States,

(1) If the State of registry has noti-

fied ICAO that the requirements under
which it issues or renders valid certifi-
cates of airworthiness are equal to or
above the minimum standards estab-
lished pursuant to the Chicago Conven-
tion, or

(2) If such notification has not been

made to ICAO at the time of flight,
there is on file with the Department a
statement by the State of registry
that, with regard to aircraft of the
type that is proposed to be operated
hereunder, the requirements under
which certificates of airworthiness are
issued or rendered valid are equal to or
above the minimum standards estab-
lished pursuant to the Chicago Conven-
tion.

§ 375.11

Other foreign civil aircraft.

A foreign civil aircraft, including un-

manned aircraft as defined in § 1.1 of
this title, other than those referred to
in § 375.10 may be navigated in the
United States only when: