1、23 Office of the Secretary, DOT 211.1 charges. If the carrier files a tariff for through service, it is not exempt from Chapter 415 or section 41310 of the Stat-ute for that air transportation. Docket No. 47939, 57 FR 40102, Sept. 2, 1992, as amended at 60 FR 43524, Aug. 22, 1995 PART 207CHARTER TRI
2、PS BY U.S. SCHEDULED AIR CARRIERS Sec. 207.1 Applicability. 207.2 Terms of service. AUTHORITY: 49 U.S.C. 40101, 40102, 40109, 40113, 41101, 41102, 41103, 41301, 41504, 41702, 41708, 41712, 46101. SOURCE: Docket No. OST972356, 63 FR 28236, May 22, 1998, unless otherwise noted. 207.1 Applicability. Th
3、is part establishes the terms, con-ditions, and limitations applicable to charter air transportation conducted by air carriers holding certificates under 49 U.S.C. 41102 authorizing the operation of scheduled air transpor-tation services. 207.2 Terms of service. Charter air transportation under this
4、 part shall be performed in accordance with the provisions of part 212 of this chapter. PART 208CHARTER TRIPS BY U.S. CHARTER AIR CARRIERS Sec. 208.1 Applicability. 208.2 Terms of service. AUTHORITY: 49 U.S.C. 40101, 40102, 40109, 40113, 41101, 41102, 41103, 41301, 41504, 41702, 41708, 41712, 46101.
5、 SOURCE: Docket No. OST972356, 63 FR 28236, May 22, 1998, unless otherwise noted. 208.1 Applicability. This part establishes the terms, con-ditions, and limitations applicable to charter air transportation conducted by air carriers holding certificates under 49 U.S.C. 41102 authorizing the operation
6、 of charter air transportation services. 208.2 Terms of service. Charter air transportation under this part shall be performed in accordance with the provisions of Part 212 of this chapter. PART 211APPLICATIONS FOR PERMITS TO FOREIGN AIR CAR-RIERS Subpart AGeneral Sec. 211.1 Purpose. 211.2 Applicabi
7、lity. Subpart BGeneral Requirements 211.10 Filing specifications. 211.11 Verification. 211.12 Filing and service. 211.13 Amendments to applications. 211.14 Incorporation by reference. 211.15 Statements of fact. 211.16 Oral hearing. Subpart CInformation Requirements 211.20 Initial foreign air carrier
8、 permit or transfer of a permit. 211.21 Amendments or renewal of foreign air carrier permits. Subpart DFreely Associated State Air Carriers 211.30 Eligibility. 211.31 Application. 211.32 Issuance of permit. 211.33 Interstate and interstate authority. 211.34 Other permits. 211.35 Termination of eligi
9、bility. AUTHORITY: 49 U.S.C. Chapters 401, 411, 413, 415, 417. SOURCE: ER1386, 49 FR 33439, Aug. 23, 1984, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 211 appear at 61 FR 34725, July 3, 1996. Subpart AGeneral 211.1 Purpose. This part sets forth the filing and evidence requir
10、ements for foreign air carriers applying for authority to en-gage in foreign air transportation under section 41301 of Title 49 of the United States Code (Transportation). (Approved by the Office of Management and Budget under control number 30240068) ER1386, 49 FR 33439, Aug. 23, 1984, as amend-ed
11、by ER1397, 49 FR 50027, Dec. 26, 1984 VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00033 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-24 14 CFR Ch. II
12、(1111 Edition) 211.2 211.2 Applicability. (a) Except as provided in paragraph (b) of this section, this part applies to all foreign air carriers seeking initial foreign air carrier permits or the trans-fer, renewal, or amendment of an exist-ing foreign air carrier permit. (b) Canadian charter air ta
13、xi opera-tors, foreign indirect air carriers of property, and foreign charter operators are not required to submit applications under this part. Instead, Canadian charter air taxi operators shall register under part 294 of this chapter, foreign indirect air carriers of property shall register under
14、part 297 of this chapter, and foreign charter operators shall reg-ister under subpart F of part 380 of this chapter. (Approved by the Office of Management and Budget under control number 30240068) ER1386, 49 FR 33439, Aug. 23, 1984, as amend-ed by ER1397, 49 FR 50027, Dec. 26, 1984 Subpart BGeneral
15、Requirements 211.10 Filing specifications. (a) Except as provided in paragraph (b) of this section, applicants shall fol-low the requirements in 302.3 of this chapter as to execution, number of cop-ies, and formal specifications of papers. (b) Mexican air taxi operators filing applications for forei
16、gn air carrier per-mits authorizing charter flights across the Mexico-United States border with small aircraft (a maximum passenger capacity of 60 seats or less, or a max-imum payload capacity of 18,000 pounds or less) shall file an original and two copies of the application. The applica-tion shall
17、conform to the instruction document available from the Foreign Air Carrier Licensing Division, Office of International Aviation, Department of Transportation, 1200 New Jersey Av-enue, SE., Washington, DC 20590. (c) An application shall have con-secutively numbered pages, and shall clearly describe a
18、nd identify each ex-hibit by a separate number or symbol. All exhibits are part of the application to which they are attached. (d) Applications shall state all weights, measures and monetary units in U.S. terms, and all text in English. (Approved by the Office of Management and Budget under control
19、number 30240068) ER1386, 49 FR 33439, Aug. 23, 1984, as amend-ed by ER1397, 49 FR 50027, Dec. 26, 1984; 61 FR 34725, July 3, 1996 211.11 Verification. Applications shall be verified and subscribed and sworn to before a No-tary Public or other officer authorized to administer oaths in the jurisdictio
20、n in which the application is executed. An application verified before a United States consular officer meets the re-quirements of this section. (Approved by the Office of Management and Budget under control number 30240068) ER1386, 49 FR 33439, Aug. 23, 1984, as amend-ed by ER1397, 49 FR 50027, Dec
21、. 26, 1984 211.12 Filing and service. All types of applications for foreign air carrier permits (initial, renewal, amendment, or transfer) are filed as of the date the applications are received at the Departments Docket Facility. Each applicant shall serve those per-sons as required in part 302, sub
22、part B, of this chapter. (Approved by the Office of Management and Budget under control number 30240068) ER1386, 49 FR 33439, Aug. 23, 1984, as amend-ed by ER1397, 49 FR 50027, Dec. 26, 1984; 65 FR 6456, Feb. 9, 2000 211.13 Amendments to applications. An applicant shall submit any infor-mation requi
23、red by this part that is omitted from the original application, or any additional information, as an amendment to the original application. Applicants shall consecutively number amendments to applications and shall comply with the requirements of this subpart. (Approved by the Office of Management a
24、nd Budget under control number 30240068) ER1386, 49 FR 33439, Aug. 23, 1984, as amend-ed by ER1397, 49 FR 50027, Dec. 26, 1984 211.14 Incorporation by reference. Where two or more applications are filed by a single carrier, the applicant may incorporate lengthy exhibits, or VerDate Mar2010 13:23 Feb
25、 23, 2011 Jkt 223046 PO 00000 Frm 00034 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-25 Office of the Secretary, DOT 211.20 other documents, attached to one ap-plica
26、tion into others by reference. The applicant may not incorporate by ref-erence and update any information from a previous docket unless sub-mitted within the past 2 years. The ap-plicant must identify the docket, and the page number or exhibit number being incorporated, and state that there has been
27、 no change in that infor-mation since submitting the original information. (Approved by the Office of Management and Budget under control number 30240068) ER1386, 49 FR 33439, Aug. 23, 1984, as amend-ed by ER1397, 49 FR 50027, Dec. 26, 1984 211.15 Statements of fact. The applicant shall include only
28、 sig-nificant and relevant facts in an appli-cation. Each application shall contain adequate information with respect to the evidence required in subpart C of this part. The application may contain other information and data the appli-cant considers necessary to explain particular circumstances. (Ap
29、proved by the Office of Management and Budget under control number 30240068) ER1386, 49 FR 33439, Aug. 23, 1984, as amend-ed by ER1397, 49 FR 50027, Dec. 26, 1984 211.16 Oral hearing. If an oral evidentiary hearing is con-vened, the applicant must make avail-able witnesses who are competent and able
30、 to testify to the accuracy of the statements and documents submitted. (Approved by the Office of Management and Budget under control number 30240068) ER1386, 49 FR 33439, Aug. 23, 1984, as amend-ed by ER1397, 49 FR 50027, Dec. 26, 1984 Subpart CInformation Requirements 211.20 Initial foreign air ca
31、rrier per-mit or transfer of a permit. A person applying for an initial for-eign air carrier permit or the transfer of a permit shall submit the informa-tion listed below. The applicant must fully comply with this requirement. If the applicant is unable to respond to an item, the application shall c
32、ontain an explanation, and include substitute information most closely approxi-mating the information requested. The Department may require an applicant to provide additional information as necessary. (a) State the name and address of the applicant, the nature of its organiza-tion (individual, partn
33、ership, corpora-tion, etc.), and, if other than an indi-vidual, the name of the country under the laws of which it is organized and the statutory citation of such laws, if any. (b) State the name and official ad-dress of the government air transport authority of applicants country of citizenship hav
34、ing regulatory jurisdic-tion over applicant. (c) Supply the following information regarding the services proposed: (1) A complete statement of the au-thority sought; and (2) A description of the services pro-posed, specifying: (i) The point or points in the United States proposed to be served: (ii)
35、The frequency of service planned at the start of operations, indicating any seasonal variations; whether the service proposed is to be scheduled, nonscheduled or charter; whether the service would be passenger, or property and mail, or a combination; and the type of equipment (and configuration) to
36、be used; and (iii) A service schedule stating the manner in which the service will be op-erated (e.g., nonstop or multi-stop, and the identity of proposed intermediate traffic and nontraffic points). (d) Provide the names, addresses (both residence and business), and citi-zenship of all Directors, O
37、fficers and key management personnel, including the President, Vice Presidents, the Di-rectors or Supervisors of Operations, Maintenance, and Finance, and the chief pilot and chief inspector. Indicate whether any of these persons are re-lated by blood or marriage. (e) Provide the names and citizensh
38、ip of all persons holding five percent (5%) or more of the capital stock or capital of the applicant. Also indicate the number and percentage of shares of stock or percentage of capital held by each. If five percent or more of the ap-plicants stock is held by a corporation or partnership, set forth
39、the name and citizenship of each person holding five VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00035 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-26
40、 14 CFR Ch. II (1111 Edition) 211.20 percent or more of the entire capital stock or capital of that corporation or partnership and the respective interest of each. If any shares are held for the benefit of another person, give the name and citizenship of that person. (f) If the applicant is not whol
41、ly owned by its homeland government, state whether the applicant (each offi-cer, director, manager, or holder of five percent or more of the capital stock) holds any interest directly or indi-rectly (through brokers or holding companies) in any of the entities listed below. If no interest is held, s
42、o state. (1) Any U.S. carrier; (2) Any other foreign air carrier; (3) Any persons engaged in the busi-ness of aeronautics; and (4) Any common carrier, or any per-son whose principal business is the holding of stock in, or control of, any air carrier. (g) Indicate the relationship between the applica
43、nt and its homeland govern-ment. If the applicant is wholly owned or substantially owned by the govern-ment, indicate which governmental de-partment has responsibility for mana-gerial decisions. (h) State whether the applicants in-surance coverage meets or exceeds the liability limits of 14 CFR part
44、 205. State the name(s) of its insurance car-rier(s). (i) Supply certified evidence, in English, of the applicants operating authority issued by its government that relates to the operations proposed. This evidence must include a descrip-tion of the applicants present author-ity, the expiration date
45、 of this author-ity, and the manner in which it is ex-pected to be renewed. (j) Summarize the operating history of the applicant. Include the types of transportation services rendered, points served, etc., from the beginning of operations to the present. Also, if the applicant is a new airline (i.e.
46、, an airline that began direct air services within the past 12 months), briefly summarize the business experience of each officer, director and key manage-ment personnel, emphasizing any air transportation experience. (k) Provide a list of the aircraft owned, leased and operated by the ap-plicant. S
47、tate each aircraft registra-tion number and the country of reg-istration. If leased, state the address and citizenship of each lessor. Describe any plans for the acquisition or lease of additional aircraft if the present per-mit application is granted as proposed. If any of the listed aircraft will
48、not be used exclusively by the applicant, ex-plain its proposed use. State whether any aircraft are or will be wet-leased. (l) State where and by whom the maintenance of the aircraft is or will be performed. State whether the appli-cants maintenance program complies with the provisions of ICAO Pilot
49、s and Airmen Annexes 1, 6 (Part 1) and 7. Also state whether the applicants home country is a contracting State to the Convention on International Civil Aviation. (m) Briefly describe any agreements or cooperative working arrangements (e.g., block-space, wet-lease), both oral and written, entered with and between the applicant, or on behalf of the appli-cant, and any U.S. or foreign air car-ri
