[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR375.50]

[Page 366-367]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 375--NAVIGATION OF FOREIGN CIVIL AIRCRAFT WITHIN THE UNITED STATES--Table of Contents
 
                       Subpart F--Transit Flights
 
Sec. 375.50  Transit flights; scheduled international air service operations.


    (a) Requirement of notice. Scheduled international air services 
proposed to be operated pursuant to the International Air Services 
Transit Agreement in transit across the United States may not be 
undertaken by foreign 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 
commencement of such service, filed a Notice of Proposed Transit Flights 
Pursuant to the International Air Services Transit Agreement in 
accordance with the provisions 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, Discrete Operations Branch, Licensing 
Division, P-45, Office of Aviation Operations. Copies of the Notice 
shall be served upon the Department of State and the Administrator of 
the Federal Aviation Administration. The filing date shall be the date 
of actual 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 organization, and citizenship of the 
operator, and, if other than the operator, of the carrier offering the 
services to the public. 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 national 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 required in this 
subsection has been previously 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 operations (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 routing excepted) shall also be filed with the Department.
    (d) Authorized operations. If the operator and the carrier offering 
services to the public (if different from the operator) have filed a 
``Notice of Proposed Transit Flights Pursuant to the International Air 
Services Transit Agreement,'' at least 30 days before the date of 
commencement of the proposed operations in accordance with paragraphs 
(a), (b), and (c) of this section, the described operations may be 
commenced and performed without further authorization from the 
Department, unless and until the Department issues an order notifying 
the operator and/or the carrier offering the services to the public 
that, considering the matters submitted in the Notice, the Department is 
of the view that a question may exist as to whether:

[[Page 367]]

    (1) The proposed services are authorized pursuant to the terms of 
the International Air Services Transit Agreement;
    (2) Substantial ownership and effective control are vested in 
nationals of a State party to the International Air Services Transit 
Agreement;
    (3) The proposed operations will be in compliance with the laws of 
the United States, the Department's rules, or the provisions of this 
section; or
    (4) The operator or its government have performed their obligations 
under the International Air Services Transit Agreement.
    (e) Prohibited operations. If the Department issues an order of 
notification as described in paragraph (d) of this section, neither the 
operator, nor the carrier offering the services to the public, shall 
commence the proposed operations, or, except as may be otherwise 
specified in the order, operate any flights subsequent to receipt of the 
order, unless and until the Department issues a foreign aircraft permit 
pursuant to the provisions of section 1108(b) of the Act and this part 
specifically authorizing such operations.
    (f) Foreign aircraft permit--application and procedures. If the 
Department issues an Order of Notification as described in paragraph (d) 
of this section, the carrier's Notice of Proposed Transit Flights 
Pursuant to the International Air Services Transit Agreement shall be 
treated as an application for the required foreign aircraft permit, and 
further procedures on such application shall be as directed by the 
Department.
    (g) Short notice filing. Nothing in this section shall be construed 
as precluding the filing of an application for a foreign aircraft permit 
to perform transit operations pursuant to the International Air Services 
Transit Agreement less than 30 days in advance of the proposed 
operation. No such flights shall be operated, however, unless or until a 
specific foreign aircraft permit has been issued by the Department.
    (h) Nature of privilege conferred. Air transportation is not 
authorized under this section, and the burden rests upon each operator 
and carrier to show that the proposed operations will not constitute air 
transportation within the meaning of the Federal Aviation Act. In 
addition, each operator and carrier has the burden of demonstrating that 
the proposed operations are authorized by the International Air Services 
Transit Agreement, and that the appropriate authorization should not be 
withheld pursuant to section 5 of Article I thereof. Stopovers for the 
convenience or pleasure of the passengers are not authorized under this 
section and stops other than for strictly operational reasons shall not 
be made. The consolidation on the same aircraft of an operation under 
this section with a service authorized under section 402 or 416(b) of 
the Act is not authorized by this section. Any authorization or permit 
granted under this section is nontransferable, and may be withheld, 
revoked, suspended, withdrawn, or cancelled by the Department, without 
notice or hearing, if required by the public interest. Operators of 
aircraft registered in countries not parties to the International Air 
Services Transit Agreement shall make special application to the 
Department under Sec. 375.70.