[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: 14CFR212.2]

[Page 29-30]
 
                     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. 212.2  Definitions.

    For the purposes of this part:
    Affinity (pro rata) charter means a charter arranged by an 
organization on behalf of its membership, and which meets the 
requirements of Sec. 212.5.
    Certificated air carrier means a U.S. direct air carrier holding a 
certificate issued under 49 U.S.C. 41102.
    Charter flight means a flight operated under the terms of a charter 
contract between a direct air carrier and its charterer or lessee. It 
does not include scheduled interstate air transportation, scheduled 
foreign air transportation, or nonscheduled cargo foreign

[[Page 30]]

air transportation, sold on an individually ticketed or individually 
waybilled basis.
    Charter operator means:
    (1) A ``Public Charter operator'' as defined in Sec. 380.2 of this 
chapter, or
    (2) An ``Overseas Military Personnel Charter operator'' as defined 
in Sec. 372.2 of this chapter.
    Direct air carrier means a certificated or foreign air carrier that 
directly engages in the operation of aircraft under a certificate, 
permit, or exemption issued by the Department.
    Fifth freedom charter means a charter flight carrying traffic that 
originates and terminates in countries other than the carrier's home 
country, regardless of whether the flight operates via the home country.
    Foreign air carrier means a direct air carrier which is not a 
citizen of the United States as defined in 49 U.S.C. 40102(a) that holds 
a foreign air carrier permit issued under 49 U.S.C. 41302 or an 
exemption issued under 49 U.S.C. 40109 authorizing direct foreign air 
transportation.
    Fourth freedom charter means a charter flight carrying traffic that 
terminates in the carrier's home country having originated in another 
country.
    Gambling junket charter means a charter arranged by a casino, hotel, 
cruise line, or its agents, the purpose of which is to transport 
passengers to the casino, hotel, or cruise ship where gambling 
facilities are available, and which meets the requirements of 
Sec. 212.6.
    Long-term wet lease means a wet lease which either--
    (1) Lasts more than 60 days, or
    (2) Is part of a series of such leases that amounts to a continuing 
arrangement lasting more than 60 days.
    Mixed charter means a charter, the cost of which is borne partly by 
the charter participants and partly by the charterer, where all the 
passengers meet the eligibility requirements for ``affinity (pro rata)'' 
charters of Sec. 212.5.
    Part charter means flight carrying both charter and scheduled 
passenger traffic.
    Single entity charter means a charter the cost of which is borne by 
the charterer and not by individual passengers, directly or indirectly.
    Third freedom charter means a charter flight carrying traffic that 
originates in the carrier's home country and terminates in another 
country.
    Wet lease means a lease between direct air carriers by which the 
lessor provides all or part of the capacity of an aircraft, and its 
crew, including operations where the lessor is conducting services under 
a blocked space or code-sharing arrangement.