[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: 14CFR212.9]



[Page 34-35]

 

                     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. 212.9  Prior authorization requirements.



    (a) Certificated air carriers shall obtain a statement of 

authorization for each long-term wet lease to a foreign air carrier.

    (b) Foreign air carriers shall obtain a statement of authorization 

for each:

    (1) Fifth freedom charter flight to or from the United States;

    (2) Long-term wet lease;

    (3) Charter flight for which the Department specifically requires 

prior authorization under paragraph (e) or (f) of this section; or

    (4) Part charter.

    (c) The Department may issue blanket statements of authorization to 

foreign air carriers to conduct fifth freedom charters. The standards 

for issuing such blanket authorizations



[[Page 35]]



shall be those stated in Sec. 212.11. The Department may revoke any 

authority granted under this paragraph at any time without hearing.

    (d) The Department may at any time, with or without hearing, but 

with at least 30 days' notice, require a foreign air carrier to obtain a 

statement of authorization before operating any charter flight. In 

deciding whether to impose such a requirement, the Department will 

consider (but not be limited to considering) whether the country of the 

carrier's nationality:

    (1) Requires prior approval for third or fourth freedom charter 

flights by U.S. air carriers;

    (2) Has, over the objection of the U.S. Government, denied rights of 

a U.S. air carrier guaranteed by a bilateral agreement; or

    (3) Has otherwise impaired, limited, or denied the operating rights 

of U.S. air carriers, or engaged in unfair, discriminatory, or 

restrictive practices with respect to air transportation services to, 

from, through, or over its territory.

    (e) The Department, in the interest of national security, may 

require a foreign air carrier to provide prior notification or to obtain 

a statement of authorization before operating any charter flight over 

U.S. territory.