[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: 14CFR375.43]

[Page 388-389]
 
                     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 E--Operations Requiring Specific Preflight Authorization of 
                                 Filing
 
Sec. 375.43  Application for foreign aircraft permit.

    (a) Applications for foreign aircraft permits shall be submitted on 
OST Form 4509, (Appendix A), in duplicate,

[[Page 389]]

addressed to the Chief, Discrete Operations Branch, Licensing Division, 
P-45, Office of Aviation Operations. Upon a showing of good cause, 
applications may be made by telegram or by telephone.
    (b) Applications shall contain a proper identification (including 
citizenship) of the applicant (the operator of the aircraft concerned) 
and of the owner thereof (if different from the applicant), a 
description of the aircraft by make, model, and registration marks; and 
a full description of the operations for which authority is desired, 
indicating 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 description 
of the cargo and of the proposed operations shall be provided. In the 
case of passenger flights, a full identification and description of the 
group chartering the aircraft, and identification of the travel agent, 
if any, shall be provided. Applications shall also contain a statement 
as to whether the applicant's homeland allows operators of U.S.-
registered aircraft to conduct similar operations.
    (c) Applications shall be filed at least 15 days in advance of the 
proposed commencement date of the operations. The Department may direct 
the applicant to serve copies of its application on additional 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, accompanied by whatever data, including 
affidavits, 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 Aviation 
Operations immediately upon filing. Notice of the filing of all 
applications shall be published in the Department's Weekly List of 
Applications Filed.
    (2) Any person objecting to public disclosure of any information in 
an application or memorandum must state the grounds for the objection in 
writing. If the Department finds that disclosure of all or part of the 
information should be withheld under applicable provisions of law, and 
the public interest 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)