1、29 Office of the Secretary, DOT 212.2 or significantly increase compensation that may be required to maintain any such essential air transportation. (c) The Department may, at any time, subject to Presidential review under section 41307, suspend, modify, or revoke such interstate authority if it con
2、cludes that the requirements speci-fied in paragraph (b) of this section are not then being met. Amdt. No. 21118, 52 FR 5442, Feb. 22, 1987 211.34 Other permits. Nothing in this section shall be con-strued as limiting the authority of the Department to issue a foreign air car-rier permit, other than
3、 a Freely Asso-ciated State Foreign Air Carrier Per-mit, to a carrier owned or controlled, in whole or in part, by citizens of the Federated States of Micronesia, the Marshall Islands or Palau, that does not meet the requirements of this sec-tion. 211.35 Termination of eligibility. The eligibility o
4、f a carrier owned or controlled, in whole or in part, by citi-zens of the Federated States of Micro-nesia, the Marshall Islands or Palau, respectively, for issuance of a Freely Associated State Foreign Air Carrier Permit under this subpart shall exist only for such period as subparagraphs (a), (d),
5、and (e) (eligibility for Freely Associated State essential air trans-portation subsidy compensation), or subparagraph (c) (limited interstate air transportation authority), of para-graph (5) of the Agreement on Civil Aviation Economic Services and Re-lated Programs (Article IX of the Fed-eral Progra
6、ms and Services Agree-ment) remain in effect between the Government of those States and the Government of the United States, inso-far as authority is conferred by such permits for purposes specified in those subparagraphs. Amdt. No. 21118, 52 FR 5442, Feb. 22, 1987 PART 212CHARTER RULES FOR U.S. AND
7、 FOREIGN DIRECT AIR CARRIERS Sec. 212.1 Scope. 212.2 Definitions. 212.3 General provisions. 212.4 Authorized charter types. 212.5 Operation of affinity (pro rata) char-ters. 212.6 Operation of gambling junket char-ters. 212.7 Direct sales. 212.8 Protection of customers payments. 212.9 Prior authoriz
8、ation requirements. 212.10 Application for statement of author-ization. 212.11 Issuance of statement of authoriza-tion. 212.12 Waiver. APPENDIX A TO PART 212CERTIFICATED OR FOREIGN AIR CARRIERS SURETY BOND UNDER PART 212 OF THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION (14 CFR PART 212) APPEND
9、IX B TO PART 212CERTIFICATION OF COMPLIANCE AUTHORITY: 49 U.S.C. 40101, 40102, 40109, 40113, 41101, 41103, 41504, 41702, 41708, 41712, 46101. SOURCE: Docket No. OST972356, 63 FR 28236, May 22, 1998, unless otherwise noted. 212.1 Scope. This part applies to all charter flights, and all other flights
10、carrying charter passengers or cargo, in inter-state and/or foreign air transportation by U.S. certificated air carriers or in foreign air transportation by foreign air carriers. It does not apply to any flights performed by a commuter air carrier, air taxi operator, or certifi-cated air carrier ope
11、rating small air-craft under part 298 of this chapter. Nothing in this part gives authority to operate a type or level of service not authorized by certificate, foreign air carrier permit, or exemption, except that a certificated air carrier author-ized to conduct scheduled operations may conduct ch
12、arter flights, in inter-state and/or foreign air transportation, without limitation as to the points served. 212.2 Definitions. For the purposes of this part: Affinity (pro rata) charter means a charter arranged by an organization on behalf of its membership, and which meets the requirements of 212.
13、5. Certificated air carrier means a U.S. direct air carrier holding a certificate issued under 49 U.S.C. 41102. Charter flight means a flight operated under the terms of a charter contract VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00039 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WRei
14、er-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-30 14 CFR Ch. II (1111 Edition) 212.3 between a direct air carrier and its charterer or lessee. It does not include scheduled interstate air transpor-tation, schedule
15、d foreign air transpor-tation, or nonscheduled cargo foreign air transportation, sold on an individ-ually ticketed or individually waybilled basis. Charter operator means: (1) A Public Charter operator as de-fined in 380.2 of this chapter, or (2) An Overseas Military Personnel Charter operator as de
16、fined in 372.2 of this chapter. Direct air carrier means a certificated or foreign air carrier that directly en-gages in the operation of aircraft under a certificate, permit, or exemption issued by the Department. Fifth freedom charter means a charter flight carrying traffic that originates and ter
17、minates in countries other than the carriers home country, regardless of whether the flight operates via the home country. Foreign air carrier means a direct air carrier which is not a citizen of the United States as defined in 49 U.S.C. 40102(a) that holds a foreign air carrier permit issued under
18、49 U.S.C. 41302 or an exemption issued under 49 U.S.C. 40109 authorizing direct foreign air transportation. Fourth freedom charter means a char-ter flight carrying traffic that termi-nates in the carriers home country having originated in another country. Gambling junket charter means a char-ter arr
19、anged by a casino, hotel, cruise line, or its agents, the purpose of which is to transport passengers to the ca-sino, hotel, or cruise ship where gam-bling facilities are available, and which meets the requirements of 212.6. Long-term wet lease means a wet lease which either (1) Lasts more than 60 d
20、ays, or (2) Is part of a series of such leases that amounts to a continuing arrange-ment lasting more than 60 days. Mixed charter means a charter, the cost of which is borne partly by the charter participants and partly by the charterer, where all the passengers meet the eligibility requirements for
21、 affinity (pro rata) charters of 212.5. Part charter means flight carrying both charter and scheduled passenger traffic. Seventh-freedom charter means a char-ter flight carrying traffic that origi-nates and terminates in a country other than the foreign air carriers home country, where the flight do
22、es not have a prior, intermediate, or sub-sequent stop in the foreign air carriers home country. Single entity charter means a charter the cost of which is borne by the charterer and not by individual pas-sengers, directly or indirectly. Sixth-freedom charter means a charter flight carrying traffic
23、that originates and terminates in a country other than the country of the foreign air carriers home country, provided the flight oper-ates via the home country of the for-eign air carrier. Third freedom charter means a charter flight carrying traffic that originates in the carriers home country and
24、ter-minates in another country. Wet lease means a lease between di-rect air carriers by which the lessor provides all or part of the capacity of an aircraft, and its crew, including op-erations where the lessor is conducting services under a blocked space or code- sharing arrangement. Docket No. OST
25、972356, 63 FR 28236, May 22, 1998, as amended at 71 FR 5784, Feb. 3, 2006 212.3 General provisions. (a) Certificated and foreign air car-riers may conduct charter flights as de-scribed in this part, and may carry charter passengers on scheduled flights, or charter cargo on scheduled or nonscheduled
26、flights (or on the main deck or in the belly of passenger char-ter flights), subject to the require-ments of this chapter and any orders of, or specific conditions imposed by, the Department. (b) Charter flights may be operated on a round-trip or one-way basis, with no minimum group, shipment, or co
27、n-tract size. (c) Contracts to perform charter flights must be in writing and signed by an authorized representative of the certificated or foreign air carrier and the charterer prior to the operation of the flights involved. The written agree-ment shall include: (i) The name and address of either t
28、he surety whose bond secures advance VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00040 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-,-,-31 Office of the S
29、ecretary, DOT 212.4 charter payments received by the car-rier, or of the carriers depository bank to which checks or money orders for the advance charter payments are to be made payable as escrow holder pending completion of the charter trip; and (2) A statement that unless the charterer files a cla
30、im with the carrier, or, if the carrier is unavailable, with the surety, within 60 days after the cancellation of a charter trip with re-spect to which the charterers advance payments are secured by the bond, the surety shall be released from all liabil-ity under the bond to such charterer for such
31、trips. (d) A certificated or foreign air car-rier must make a reasonable effort to verify that any charterer with which it contracts, and any charter it conducts, meets the applicable requirements of this chapter. (e) The certificated or foreign air car-riers shall require full payment of the total
32、charter price, including payment for the return portion of a round trip, or the posting of a satisfactory bond for full payment, prior to the com-mencement of any portion of the air transportation, provided, however, that in the case of a passenger charter for less than the entire of an aircraft, th
33、e carrier shall require full payment of the total charter price, including pay-ment for the return portion of a round trip, from the charterers not less than 10 days prior to the commencement of any portion of the transportation, and such payment shall not be refundable unless the charter is cancele
34、d by the carrier or unless the carrier accepts a substitute charterer for one which has canceled a charter, in which case the amount paid by the latter shall be re-funded. For the purpose of this section, payment to the carriers depository bank, as designated in the charter con-tract, shall be deeme
35、d payment to the carrier. (f) A certificated or foreign air car-rier operating a U.S.-originating pas-senger charter shall be responsible to return to his or her point of origin any passenger who purchased round trip transportation on that charter and who was transported by that carrier on his or he
36、r outbound flight; except that this provision shall not apply in cases where the return transportation is to be provided by another certificated or foreign air carrier. (g) A certificated or foreign air car-rier may not perform any charter flight for which a statement of author-ization is required u
37、nder 212.9 until one has been granted by the Depart-ment. In addition, if a foreign air car-rier is required to obtain a statement of authorization under paragraph (e) of that section, neither it, not any char-ter operator, or any other person shall advertise or sell any passenger charter services e
38、xcept those that have been specifically authorized by the Depart-ment. (h) A certificated air carrier may not operate charters where such operations would result in a substantial change in the scope of its operations within the meaning of part 204 of this chapter. (i) A certificated air carrier may
39、not limit its baggage liability for inter-state charter flights except as set forth in part 254 of this chapter. (j) A certificated air carrier may not, except as set forth in part 121 of the Federal Aviation Regulations (14 CFR part 121), limit the availability, upon reasonable request, of air tran
40、spor-tation and related services to a person who may require help from another person in expeditiously moving to an emergency exit for evacuation of an aircraft. (k) A certificated air carrier holding a certificate to conduct only cargo op-erations may not conduct passenger charters. (l) A certifica
41、ted air carrier may not perform any charter in interstate com-merce within the State of Alaska. (m) A foreign air carrier may operate charters in foreign air transportation only to the extent authorized by its foreign air carrier permit under 49 U.S.C. 41302 or exemption authority under 49 U.S.C. 40
42、109, and only to the extent to which such operations are consistent with the provisions of any applicable bilateral aviation under-taking. 212.4 Authorized charter types. Certificated and foreign air carriers may conduct the following charter types, subject to the provisions of this part: (a) Affini
43、ty (pro rata) charters. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00041 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-,-,-32 14 CFR Ch. II (1111 Edition)
44、 212.5 (b) Single entity charters, including: (1) Wet leases involving the carriage of passengers and/or cargo, provided, that the wet lessee holds appropriate economic authority from the Depart-ment to conduct the proposed oper-ations; and (2) Charters pursuant to contracts with the Department of D
45、efense, pro-vided, that foreign air carriers may conduct charters for the Department of Defense only to the extent that such operations are consistent with the pro-visions of 49 U.S.C. 40118. (c) Mixed charters. (d) Gambling junket charters. (e) Public Charters in accordance with part 380 of this ch
46、apter (including operations by educational institutions as defined in that part). (f) Overseas military personnel char-ters in accordance with part 372 of this chapter. (g) Cargo charters. 212.5 Operation of affinity (pro rata) charters. An affinity (pro rata) charter oper-ated by a certificated or
47、foreign air carrier must meet the following cri-teria: (a) The aircraft must be chartered by an organization, no part of whose busi-ness is the formation of groups for transportation or solicitation or sale of transportation services, for the purpose of providing air transportation to its members an
48、d their immediate families. (b) The charter must be organized by the organization itself, or by a person or company who acts not as a prin-cipal, but as an agent for the char-tering organization or the certificated or foreign air carrier. (c) No solicitation, sales, or partici-pation may take place
49、beyond the bona fide members of an eligible chartering organization, and their immediate fam-ilies (spouse, children, and parents). All printed solicitation materials shall contain the following notice in bold-face, 10-point or larger type Some of the Federal rules that pro-tect against tour changes and loss of passengers money in publicly sold charters do not apply to this charter flight. (d) Bona fide members are members
