Code of Federal Regulations

Title 14 - Aeronautics and Space
Volume: 4Date: 2021-01-01Original Date: 2021-01-01Title: Section § 375.19 - Nature of privilege conferred.Context: Title 14 - Aeronautics and Space. CHAPTER II - OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS). SUBCHAPTER D - SPECIAL REGULATIONS. PART 375 - NAVIGATION OF FOREIGN CIVIL AIRCRAFT WITHIN THE UNITED STATES. Subpart C - Rules Generally Applicable.
§ 375.19 Nature of privilege conferred. The provisions of this part, and of any permit issued hereunder, together with 49 U.S.C. 41703, are designed, among other purposes, to carry out the international undertakings of the United States in the Chicago Convention, in particular Article 5. That article gives foreign aircraft the privilege of “taking on or discharging passengers, cargo or mail” subject to the right of the State where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may consider desirable. The U.S. Congress by the 1953 amendment to section 6 of the Air Commerce Act of 1926, now designated as 49 U.S.C. 41703, authorizes the Department to permit such operations only where conditions of reciprocity and the interest of the public in the United States are met. Thus, the operator of any foreign registered aircraft is not entitled as a matter of right to the issuance, renewal or freedom from modification or change in a permit issuable pursuant to this authority. Accordingly, any authority conferred by this part may be withheld, revoked, amended, modified, restricted, suspended, withdrawn, or canceled by the Department in the interest of the public of the United States, without notice or hearing. [OST Doc. No. 42547, 51 FR 7254, Mar. 3, 1986, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15940, Apr. 16, 2019]