[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: 14CFR294.89]

[Page 245-246]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 294--CANADIAN CHARTER AIR TAXI OPERATORS--Table of Contents
 
       Subpart I--Terms, Conditions, and Limitations of This Part
 
Sec. 294.89  Uplift ratio.

    Except as set forth in Sec. 294.60, the aggregate number of all 
United States-originating charter flights performed by a registrant on 
or after May 8, 1974, shall not, at the end of any calendar quarter, 
exceed by more than one-third the aggregate number of all Canadian-
originating charter flights performed by the registrant on or after May 
8, 1974. For the purpose of making such computation, the following shall 
apply:
    (a) A charter shall be considered to originate in the United States 
(or Canada) if the passengers or property are first taken on board in 
that country,

[[Page 246]]

and shall be considered as one flight whether the charter is one-way, 
round trip, circle tour, or open jaw, even if a separate contract is 
entered into for a return portion of the charter trip from Canada (or 
the United States).
    (b) The computation shall be made separately for (1) ``small 
aircraft'' flights of persons; and (2) ``small aircraft'' flights of 
property.
    (c) In the case of a lease of aircraft with crew for the performance 
of a charter flight on behalf and under the authority of another 
carrier, the flight shall be included in the computation if the 
registrant is the lessee, and shall not be included if the registrant is 
the lessor.
    (d) There shall be excluded from the computation:
    (1) Flights with aircraft having a maximum authorized takeoff weight 
on wheels (as determined by Canadian Transport Commission Regulations) 
not greater than 18,000 pounds; and
    (2) Flights originating at a United States terminal point on a route 
listed in the Air Transport Services Agreement between the United States 
and Canada, signed January 17, 1966, as amended, or any agreement which 
may supersede it, or any supplementary agreement thereto which 
establishes obligations or privileges thereunder. These flights may be 
excluded from the computation only if, pursuant to any such agreement, 
the registrant also holds a foreign air carrier permit authorizing 
individually ticketed or individually waybilled service over that route, 
and provides some scheduled service on any route pursuant to any such 
agreement, and such flights serve either (i) a Canadian terminal point 
on such route, or (ii) any Canadian intermediate point authorized for 
service on the route by the foreign air carrier permit.