1、52 14 CFR Ch. II (1111 Edition) 217.11 (iii) Line A3 Origin airport code. This is the departure airport, where an aircraft be-gins a flight segment, and where the pas-sengers originate in an on-flight market. Use the 3-letter code from the City/Airport Codes section of the Official Airline Guide Wor
2、ldwide Edition. If no 3-letter code is available, OAI will assign one; the address is in paragraph (a)(3) of this Appendix. (iv) Line A4 Destination airport code. This is the arrival airport, where an aircraft stops on a flight segment, and where pas-sengers deplane (get off the flight) after reachi
3、ng their destination in a market. Use the 3-letter code from the source described in paragraph (g)(1)(iii) of this Appendix. (v) Line A5 Service class code. Select one of the following single letter codes which de-scribes the type of service being reported on a given flight operation. F = Scheduled
4、Passenger/cargo Service G = Scheduled All-cargo Service L = Nonscheduled Civilian Passenger/Cargo Charter P = Nonscheduled Civilian All-Cargo Charter Q = Nonscheduled Services (Other than Char-ter) (2) Nonstop segment information: (i) Line B1 Aircraft type code. Use the four digit numeric code presc
5、ribed in para-graph (h)(1) of this Appendix. If no aircraft type code is available, OAI will assign one. The address is in paragraph (a)(3) of this Ap-pendix. (ii) Line B2 Aircraft departures per-formed. This is the total number of physical departures performed with a given aircraft type, within ser
6、vice class and pair-of-points. (iii) Line B3 Revenue passengers trans-ported. This is the total number of revenue passengers transported on a given nonstop segment. It represents the total number of revenue passengers on board over the seg-ment without regard to their actual point of enplanement. (i
7、v) Line B4 Revenue freight transported. This item is the total weight in kilograms (kg) of the revenue freight transported on a given nonstop segment without regard to its actual point of enplanement. (3) On-flight market information: (i) Line C1 Total revenue passengers in market. This item represe
8、nts the total num-ber of revenue passengers, within service class, that were enplaned at the origin air-port and deplaned at the destination airport. (ii) Line C2 Total revenue freight in mar-ket. This item represents the total weight in kilograms (kg) of revenue freight enplaned at the origin and d
9、eplaned at the destination airport. (h) Reserved (i) Joint Service. (1) The Department may authorize joint service operations between two direct air carriers. Examples of these joint service op-erations are: Blocked-space agreements; Part-charter agreements; Code-sharing agreements; Wet-lease agreem
10、ents, and similar ar-rangements. (2) Joint-service operations shall be re-ported on BTS Form 41 Schedules T100 and T100(f) by the air carrier in operational con-trol of the flight, i.e., the air carrier that uses its flight crew to perform the operation. If there are questions about reporting a join
11、t-service operation, contact the BTS As-sistant DirectorAirline Information at the address in paragraph (a)(3) of this appendix. (j) Reserved 53 FR 46294, Nov. 16, 1988, as amended at 54 FR 7183, Feb. 17, 1989; 60 FR 66722, Dec. 26, 1995; 67 FR 49223, July 30, 2002; 75 FR 41583, July 16, 2010 217.11
12、 Reporting compliance. (a) Failure to file reports required by this part will subject an air carrier to civil penalties prescribed in Title 49 United States Code section 46301. (b) Title 18 U.S.C. 1001, Crimes and Criminal Procedure, makes it a crimi-nal offense subject to a maximum fine of $10,000
13、or imprisonment for not more than 5 years, or both, to knowingly and willfully make, or cause to be made, any false or fraudulent statements or representations in any matter within the jurisdiction of any agency of the United States. 53 FR 46294, Nov. 16, 1988, as amended at 67 FR 49223, July 30, 20
14、02 PART 218LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF AIRCRAFT WITH CREW Sec. 218.1 Definitions. 218.2 Applicability. 218.3 Prohibition against unauthorized op-erations employing aircraft leased with crew. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00062 Fmt 8010 Sfmt 80
15、10 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-53 Office of the Secretary, DOT 218.5 218.4 Condition upon authority of lessee. 218.5 Application for disclaimer of jurisdic-tion. 218.6
16、 Issuance of order disclaiming jurisdic-tion. 218.7 Presumption. AUTHORITY: Secs. 204(a), 402, Pub. L. 85726, as amended, 72 Stat. 743, 757 (49 U.S.C. 1324, 1372). SOURCE: ER716, 36 FR 23148, Dec. 4, 1971, unless otherwise noted. 218.1 Definitions. For the purpose of this part the term lease shall m
17、ean an agreement under which an aircraft is furnished by one party to the agreement to the other party, irrespective of whether the agreement constitutes a true lease, charter arrangement, or some other ar-rangement. 218.2 Applicability. This part applies to foreign air car-riers and other persons n
18、ot citizens of the United States which, as lessors or lessees, enter into agreements pro-viding for the lease of aircraft with crew to a foreign air carrier for use in foreign air transportation. For pur-poses of section 402 of the Act, the per-son who has operational control and safety responsibili
19、ty is deemed to be the carrier, and is required to have ap-propriate operating authority. ER716, 36 FR 23148, Dec. 4, 1971, as amended by ER1250, 46 FR 47770, Sept. 30, 1981 218.3 Prohibition against unauthor-ized operations employing aircraft leased with crew. (a) No foreign air carrier, or other p
20、erson not a citizen of the United States, shall lease an aircraft with crew to a foreign air carrier for use by the latter in performing foreign air transportation unless either: (1) The lessor holds a foreign air car-rier permit issued under section 402 of the Act or an approved registration issued
21、 under part 294 of this chapter, and any statement of authorization re-quired by part 212 of this chapter; or (2) The Board has issued an exemp-tion under section 416 of the Act spe-cifically authorizing the lessor to en-gage in the foreign air transportation to be performed under the lease; or (3)
22、The Board has issued an order under 218.6 disclaiming jurisdiction over the matter. (b) For purposes of this part, an air-craft shall be considered to be leased with crew if: (1) The pilot in command or a major-ity of the crew of the aircraft, other than cabin attendants: (i) Is to be furnished by t
23、he lessor; (ii) Is employed by the lessor; (iii) Continues in the employ of the lessor in the operation of services other than those provided for in the agree-ment between the parties; or (iv) Has been employed by the lessor prior to the lease, and the employment of whom by the lessee is coextensive
24、 with the period or periods for which the aircraft is available to the lessee under the lease; or (2) The aircraft is operated under op-erations specifications issued to the lessor by the Federal Aviation Admin-istration. ER716, 36 FR 23148, Dec. 4, 1971, as amended by ER1250, 46 FR 47770, Sept. 30,
25、 1981; ER 1260, 46 FR 52598, Oct. 27, 1981 218.4 Condition upon authority of lessee. In any case where a foreign air car-rier leases from another foreign air carrier or other person not a citizen of the United States an aircraft with crew for use in performing foreign air trans-portation, it shall b
26、e a condition upon the authority of the lessee to perform such foreign air transportation that compliance be achieved with the re-quirements of this part. 218.5 Application for disclaimer of ju-risdiction. The parties to a lease with crew as described in 218.3(b) may apply to the Board for an order
27、disclaiming jurisdic-tion over the matter. The application shall be filed jointly by both parties to the lease, and shall generally conform to the procedural requirements of part 302, subpart A, of this chapter. It shall be served upon any air carrier pro-viding services over all or any part of the
28、route upon which air transpor-tation services will be provided pursu-ant to the agreement. The application should set forth in detail all evidence VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00063 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvid
29、ed by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-54 14 CFR Ch. II (1111 Edition) 218.6 and other factors relied upon to dem-onstrate that true operational control and safety responsibility for the air transportation services to be provided are in the hands
30、of the lessee rather than the lessor. A copy of the agree-ment and all amendments thereof, as well as a summary interpretation of its pertinent provisions, shall be included with the applications. Any interested person may file an answer to the appli-cation within 7 days after service here-of. Until
31、 the Board has acted upon the application, no operations in foreign transportation shall be performed pur-suant to the agreement. 218.6 Issuance of order disclaiming jurisdiction. If the Board finds that true oper-ational control and safety responsi-bility will be vested in the lessee and not in the
32、 lessor (i.e., that the lease transaction is in substance a true lease of aircraft rather than a charter or se-ries of charters), and that the perform-ance of the operations provided for in such lease will not result in the lessors being engaged in foreign air transpor-tation, it will issue an order
33、 dis-claiming jurisdiction over the matter. Otherwise the application for dis-claimer of jurisdiction will be denied. 218.7 Presumption. Whether under a particular lease agreement the lessor of the aircraft is engaged in foreign air transportation is a question of fact to be determined in the light
34、of all the facts and cir-cumstances. However, in circumstances where the lessor furnishes both the air-craft and the crew, there is a presump-tion that true operational control and safety responsibility are exercised by the lessor, and that the agreement con-stitutes a charter arrangement under whic
35、h the lessor is engaged in foreign air transportation. The burden shall rest upon the applicants for disclaimer of jurisdiction in each instance to dem-onstrate by an appropriate factual showing that the operation con-templated will not constitute foreign air transportation by the lessor. PART 221TA
36、RIFFS Subpart AGeneral Sec. 221.1 Applicability of this part. 221.2 Carriers duty. 221.3 Definitions. 221.4 English language. 221.5 Unauthorized air transportation. Subpart BWho Is Authorized To Issue and File Tariffs 221.10 Carrier. 221.11 Agent. Subpart CSpecifications of Tariff Publications 221.2
37、0 Specifications applicable to tariff publications. Subpart DManner of Filing Tariffs 221.30 Passenger fares and charges. 221.31 Rules and regulations governing pas-senger fares and services. Subpart EContents of Tariff 221.40 Specific requirements. 221.41 Routing. Subpart FRequirements Applicable t
38、o all Statements of Fares and Charges 221.50 Currency. 221.51 Territorial application. 221.52 Airport to airport application, acces-sorial services. 221.53 Proportional fares. 221.54 Fares stated in percentages of other fares; other relationships prohibited. 221.55 Conflicting or duplicating fares p
39、ro-hibited. 221.56 Applicable fare when no through local or joint fares. Subpart GGoverning Tariffs 221.60 When reference to governing tariffs permitted. 221.61 Rules and regulations governing for-eign air transportation. 221.62 Explosives and other dangerous or re-stricted articles. 221.63 Other ty
40、pes of governing tariffs. Subpart HAmendment of Tariffs 221.70 Who may amend tariffs. 221.71 Requirement of clarity and speci-ficity. 221.72 Reinstating canceled or expired tariff provisions. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00064 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-,-,-
