366
14 CFR Ch. II (1–1–24 Edition)
§ 375.26
air operations (other than those au-
thorized by § 375.36) shall not be under-
taken without a permit issued by the
Department.
§ 375.26
Waiver of sovereign immunity.
Owners and operators of aircraft op-
erated under this part that are engaged
in proprietary of commercial activities
waive any defense of sovereign immu-
nity from suit in any action or pro-
ceeding instituted against any of them
in any court or other tribunal in the
United States for any claim relating to
that operation.
Subpart D—Authorized Operations
§ 375.30
Operations other than com-
mercial air operations.
Foreign civil aircraft that are not en-
gaged in commercial air operations
into, out of, or within the United
States may be operated in the United
States and may carry non-revenue traf-
fic to, from or between points in the
United States.
§ 375.31
Demonstration flights of for-
eign aircraft.
Flights of foreign civil aircraft with-
in the United States may be made for
the purpose of demonstration of the
aircraft or any component thereof (in-
cluding demonstrations at airshows),
provided no persons, cargo or mail are
carried for remuneration or hire.
§ 375.32
Flights incidental to agricul-
tural and industrial operations out-
side the United States.
Foreign civil aircraft that are en-
gaged in agricultural or industrial op-
erations to be performed wholly out-
side the United States may be navi-
gated into, out of, and within the
United States in connection with those
operations provided that the aircraft is
not at the time engaged in the carriage
of passengers, cargo, or mail for remu-
neration or hire.
§ 375.33
Transit flights, irregular oper-
ations.
Foreign civil aircraft carrying pas-
sengers, property or mail for remunera-
tion or hire, but not engaged in sched-
uled international air services, are au-
thorized to navigate nonstop across the
territory of the United States and to
make stops for non-traffic purposes.
The navigation of foreign civil aircraft
in the United States is not authorized
under this section when the elapsed
time between landing and takeoff at a
stop in the United States exceeds 24
hours and passengers are permitted to
leave the airport or when passengers,
property or mail are transferred to an-
other aircraft. Flights involving stops
under such circumstances may, how-
ever, be performed in the case of emer-
gency relating to the safety of the air-
craft, passengers, cargo or crew.
[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]
§ 375.34
Indoctrination training.
Foreign civil aircraft may be oper-
ated in the United States for the pur-
pose of giving indoctrination training
in the operation of the aircraft con-
cerned to a buyer or a buyer’s employ-
ees or designees. This section does not,
however, authorize foreign civil air-
craft to be used within the United
States for the purpose of flight instruc-
tion for remuneration or hire.
§ 375.35
Free transportation.
(a) Foreign civil aircraft may be
navigated in the United States by a
foreign air carrier for the transpor-
tation of persons and property specified
in paragraph (b) of this section over
the following non-traffic segments pro-
vided such transportation is not for
compensation or hire:
(1) Between two or more points in the
United States;
(2) Between a point in the United
States named in the carrier’s section
41301 permit or exemption, and a point
outside the United States not so
named, when authorized in accordance
with the provisions of part 216 of this
chapter to carry blind sector traffic to
or from such unnamed foreign point;
and
(3) Between a point in the United
States and a point outside thereof
when the carrier lands at the United
States point for non-traffic purposes in
exercise of the privilege granted under
the International Air Services Transit
Agreement.
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