[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR212.11]

[Page 36-37]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 212--CHARTER RULES FOR U.S. AND FOREIGN DIRECT AIR CARRIERS--
Table of Contents
 
Sec. 212.11  Issuance of statement of authorization.

    (a) The Department will issue a statement of authorization if it 
finds that the proposed charter flight, part charter, or wet lease meets 
the requirements of this part and that it is in the public interest. 
Statements of authorization may be conditioned or limited.
    (b) In determining the public interest the Department will consider 
(but not be limited to) the following factors:
    (1) The extent to which the authority sought to covered by and 
consistent with bilateral agreements to which the United States is a 
party.
    (2) The extent to which an applicant foreign air carrier's home 
country (and, in the case of a long-term wet lease, the lessee's home 
country) deals with U.S. air carriers on the basis of substantial 
reciprocity.
    (3) Whether the applicant or its agent has previously violated the 
provisions of this part.
    (4) Where the application concerns a long-term wet lease:
    (i) Whether the lessor (applicant) or its agent or the lessee 
(charterer) or its agent has previously violated the provisions of the 
Department's charter regulations.
    (ii) Whether, because of the nature of the arrangement and the 
benefits involved, the authority sought should be the subject of a 
bilateral agreement.
    (iii) To what extent the lessor owns and/or controls the lessee, or 
is owned and/or controlled by the lessee.
    (c) The Department will submit any denial of an authorization 
specifically required of a foreign air carrier under Sec. 212.9(d) to 
the President of the United States at least 10 days before the proposed 
departure. The denial will be subject to stay or disapproval by the 
President within 10 days after it is submitted. A shorter period for 
Presidential review may be specified by the Department where the 
application for authorization is not timely or properly filed. Denial of 
a late-filed application need not be submitted to the President. For the 
purposes of this paragraph, an

[[Page 37]]

application filed by a foreign air carrier under Sec. 212.9(d) to 
conduct a cargo charter will be considered as timely filed only if it is 
filed at least 30 calendar days before the proposed flight, 
notwithstanding the 10-day filing requirement for cargo charters in 
Sec. 212.10(d)(3).
    (d) The Department will publish notice of its actions on 
applications for statements of authorization in its Weekly List of 
Applications Filed. Interested persons may upon request obtain copies of 
letters of endorsed forms advising applicants of action taken on their 
applications.