369 

Office of the Secretary, DOT 

§ 375.44 

involve solicitation of the general pub-
lic such as is usually involved in the 
transportation of individually-ticketed 
passengers or individually-waybilled 
cargo, or in which the charterer is a 
travel agent, a charter operator, a 
broker, an air freight forwarder or any 
other organization that holds itself out 
to the general public to provide trans-
portation services. Carriage of cargo 
for the operator’s own account is gov-
erned by the provisions of this section 
if the cargo is to be resold or otherwise 
used in the furtherance of a business 
other than the business of providing 
carriage by aircraft. 

§ 375.43

Application for foreign air-

craft permit. 

(a) Applications for foreign aircraft 

permits shall be submitted on OST 
Form 4509 (see appendix A to this part), 
in duplicate, addressed to the Chief, 
Foreign Air Carrier Licensing Division, 
X–45, Office of International Aviation. 
Applications should be submitted by 
email; see ‘‘Application Procedures 
under Part 375’’ at 
www.transportation.gov/policy/aviation- 
policy/licensing/foreign-carriers. 

(b) Applications shall contain a prop-

er identification (including citizenship) 
of the applicant (the operator of the 
aircraft concerned) and of the owner 
thereof (if different from the appli-
cant), a description of the aircraft by 
make, model, and registration marks; 
and a full description of the operations 
for which authority is desired, indi-
cating type and dates of operations and 
number of flights, and routing. In the 
case of cargo flights, the names of all 
contractors, agents, if any, and the 
beneficial owner of the cargo, and a de-
scription of the cargo and of the pro-
posed operations shall be provided. In 
the case of passenger flights, a full 
identification and description of the 
group chartering the aircraft, and iden-
tification of the travel agent, if any, 
shall be provided. Applications shall 
also contain a statement as to whether 
the applicant’s homeland allows opera-
tors of U.S.-registered aircraft to con-
duct similar operations. 

(c) Applications shall be filed at least 

15 days in advance of the proposed com-
mencement date of the operations. The 
Department may direct the applicant 

to serve copies of its application on ad-
ditional persons. Late applications 
may be considered by the Department 
upon a showing of good cause. 

(d)(1) Any party in interest may file 

a memorandum supporting or opposing 
an application. Two copies of each 
memorandum shall be filed within 7 
business days after the application is 
filed but no later than the proposed 
commencement date of the operations. 
Memoranda will be considered to the 
extent practicable; the Department 
may act on an application without 
waiting for supporting or opposing 
memoranda to be filed. 

(2) Each memorandum shall set forth 

the reasons why the applications 
should be granted or denied, accom-
panied by whatever data, including af-
fidavits, the Department is asked to 
consider. 

(3) A copy of each memorandum shall 

be served on the applicant. 

(e)(1) Unless otherwise ordered by the 

Department, each application and 
memorandum filed in response shall be 
available for public inspection at the 
Licensing Division of the Office of 
International Aviation immediately 
upon filing. Notice of the filing of all 
applications shall be published in the 
Department’s Weekly List of Applica-
tions Filed. 

(2) Any person objecting to public 

disclosure of any information in an ap-
plication or memorandum must state 
the grounds for the objection in writ-
ing. If the Department finds that dis-
closure of all or part of the information 
should be withheld under applicable 
provisions of law, and the public inter-
est does not require disclosure, it will 
order that the injurious information be 
withheld. 

(Approved by the Office of Management and 
Budget under control number 2106–0002) 

[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] 

§ 375.44

Issuance of permit. 

(a) The Department will issue a for-

eign aircraft permit if it finds that the 
proposed operations meet the require-
ments of this part and are in the public 
interest. Foreign aircraft permits may 
be conditioned or limited by the De-
partment. Permits must be carried 

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