[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

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



[[Page 37]]



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 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.