[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: 14CFR294.89]



[Page 242-243]

 

                     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 243]]



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.