title-14-part-375-sec375-44

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.

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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370

14 CFR Ch. II (1–1–24 Edition)

§ 375.45

aboard the applicant’s aircraft during
flight over U.S. territory, and are not
transferable.

(b) In determining whether to grant a

particular application, the Department
will consider, among other factors, the
extent to which the country of the ap-
plicant’s nationality deals with U.S.
civil aircraft operators on the basis of
substantial reciprocity, and whether
the operation is otherwise in the public
interest.

§ 375.45

Records and reports of occa-

sional planeload charters.

(a)

Cargo documents. The holder of a

permit for cargo operations shall issue
a manifest or shipping document to its
shipper with respect to each shipment.

(b) [Reserved]
(c)

Contents of documents for passenger

flights. The holder of a permit for pas-
senger charters originating or termi-
nating in the United States shall re-
quire each charterer to file with it
prior to flight a list of names and ad-
dresses of all passengers to be trans-
ported on each flight.

(d)

Reports of unused authority. All

foreign operators of occasional plane-
load charters for which authority is
granted must notify the Department,
in writing, not later than 15 days after
the expiration of their permits, or their
failure to use this authority. The un-
used authority shall otherwise be
deemed to have been exercised.

Subpart F—Transit Flights

§ 375.50

Transit flights; scheduled

international air service operations.

(a)

Requirement of notice. Scheduled

international air services proposed to
be operated pursuant to the Inter-
national Air Services Transit Agree-
ment in transit across the United
States may not be undertaken by for-
eign civil aircraft unless the operator
of such aircraft, and (if other than the
operator) the carrier offering such
service to the public, has, not less than
30 days prior to the date of commence-
ment of such service, filed a Notice of
Proposed Transit Flights Pursuant to
the International Air Services Transit
Agreement in accordance with the pro-
visions of paragraphs (b) and (c) of this
section.

(b)

Filing of the notice. An original

and two copies of the Notice shall be
filed with the Chief, Foreign Air Car-
rier Licensing Division, X–45, Office of
International Aviation. Copies of the
Notice shall be served upon the Depart-
ment of State and the Administrator of
the Federal Aviation Administration.
The filing date shall be the date of ac-
tual receipt by the Department.

(c)

Content of notice. A ‘‘Notice of

Proposed Transit Flights Pursuant to
the International Air Services Transit
Agreement’’ shall be clearly labeled as
such, and as a minimum shall set forth,
with whatever detail may be necessary,
the following information:

(1) The name, country or organiza-

tion, and citizenship of the operator,
and, if other than the operator, of the
carrier offering the services to the pub-
lic. If any interest (direct or indirect)
in the operator or offeror of services is
held by nationals of a country other
than the country of organization or
citizenship, the nature and extent of
such interest must be fully disclosed. If
any officer or director of the operator
or carrier offering the services is a na-
tional of a country other than the
country of organization or citizenship,
the position of duties of such officer or
director, and the officer and director’s
relevant position in relation to other
officers and directors must similarly be
fully disclosed. If the information re-
quired in this subsection has been pre-
viously supplied to the Department,
the applicant may incorporate it by
reference.

(2) The State of registration of the

aircraft proposed to be operated.

(3) A full description of the proposed

operations including the type of oper-
ations (passenger, property, mail, or
combination), date of commencement,
duration and frequency of flights, and
routing (including each terminal and
intermediate point to be served).

(4) A statement as to whether or not

any advertisement or publication of
the proposed operations has been made
in the United States. If there has been
any advertisement or publication of
the operations in the United States,
copies of all such advertisements or
publications shall be included.

(5) Any change with respect to these

matters (minor changes in schedules or