1、229 Office of the Secretary, DOT 293.10 of 14 CFR part 221, and are cancelled by operation of law. Any such tariffs may be cancelled voluntarily prior to that date. With respect to terms expressly agreed in the contract of carriage, car-riers, agents and other persons are re-lieved from the requirem
2、ent of adher-ence to filed tariffs in 49 USC 41510 and the related provisions of 14 CFR part 221 as of November 30, 1995. (c) Applications for filing and/or ef-fectiveness of any cargo tariffs pending on November 30, 1995 are dismissed by operation of law. No new filings or ap-plications will be per
3、mitted except as provided under 292.11. PART 293INTERNATIONAL PASSENGER TRANSPORTATION Subpart AGeneral Sec. 293.1 Applicability. 293.2 Definitions. Subpart BExemption From Filing of Tariffs 293.10 Exemption. 293.11 Required statement. 293.12 Revocation of exemption. Subpart CEffect of Exemption 293
4、.20 Rule of construction. 293.21 Incorporation of contract terms by reference. 293.22 Effectiveness of tariffs on file. AUTHORITY: 49 U.S.C. 40101, 40105, 40109, 40113, 40114, 41504, 41701, 41707, 41708, 41709, 41712, 46101; 14 CFR 1.56(j)(2)(ii). SOURCE: 64 FR 40674, July 27, 1999, unless otherwise
5、 noted. Subpart AGeneral 293.1 Applicability. This part applies to air carriers and foreign air carriers providing scheduled transportation of passengers and their baggage in foreign air transportation. 293.2 Definitions. For purposes of this part the defini-tions in 221.3 of this chapter apply. Sub
6、part BExemption From Filing Tariffs 293.10 Exemption. (a) Air carriers and foreign air car-riers are exempted from the duty to file passenger tariffs with the Depart-ment of Transportation, as required by 49 U.S.C. 41504 and 14 CFR part 221, as follows: (1) The Assistant Secretary for Avia-tion and
7、International Affairs will, by notice, issue and periodically update a list establishing the following cat-egories of markets: (i) In Category A markets, carriers are exempted from the duty to file all passenger tariffs unless they are na-tionals of countries listed in Category C, or are subject to
8、the provisions of paragraph (c) of this section. (ii) In Category B markets, carriers are exempted from the duty to file all passenger tariffs except those setting forth one-way economy-class fares and governing provisions thereto, unless they are nationals of countries listed in Category C, or are
9、subject to the provisions of paragraph (c) of this sec-tion. (iii) In Category C markets, carriers shall continue to file all passenger tar-iffs, except as provided in 293.10(b); (2) The Assistant Secretary will list country-pair markets falling in Cat-egories A and C, taking into consider-ation the
10、 factors in paragraphs (a)(2) (i) through (iv) of this section. All coun-try-pair markets not listed in Cat-egories A or C shall be considered to be in Category B and need not be specifi-cally listed. (i) Whether the U.S. has an aviation agreement in force with that country providing double-disappro
11、val treat-ment of prices filed by the carriers of the Parties; (ii) Whether the countrys Govern-ment has disapproved or deterred U.S. carrier price leadership or matching tariff filings in any market; (iii) Whether the countrys Govern-ment has placed significant restric-tions on carrier entry or cap
12、acity in any market; and (iv) Whether the countrys govern-ment is honoring the provisions of the bilateral aviation agreement and there are no significant bilateral problems. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00239 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on D
13、SKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-230 14 CFR Ch. II (1111 Edition) 293.11 (b) By notice of the Assistant Sec-retary, new country-pair markets will be listed in the appropriate category, and existing country-pair ma
14、rkets may be transferred between categories. (c) Notwithstanding a determination that a country is in Category A or B, if the Assistant Secretary finds that ef-fective price leadership opportunities for U.S. carriers are not available be-tween that country and any third coun-try, carriers that are n
15、ationals of such country may be required to file tariffs, as provided under part 221 or as other-wise directed in the notice, for some or all of their services between the U.S. and third countries. (d) Air carriers and foreign air car-riers are exempted from the duty to file governing rules tariffs
16、containing general conditions of carriage with the Department of Transportation, as re-quired by 49 U.S.C. 41504 and 14 CFR part 221. A description of the general conditions of carriage will be included in the Assistant Secretarys initial no-tice. (e) Notwithstanding paragraph (d) of this section, a
17、ir carriers and foreign air carriers shall file and maintain a tariff with the Department to the extent re-quired by 14 CFR 203.4 and other imple-menting regulations. (f) Authority for determining what rules are covered by paragraph (d) of this section and for determining the filing format for the t
18、ariffs required by paragraph (e) of this section is dele-gated to the Director of the Office of International Aviation. 293.11 Required statement. Each governing rules tariff shall in-clude the following statements: (a) Rules herein containing general conditions of carriage are not part of the offic
19、ial U.S. D.O.T. tariff. (b) The rules and provisions con-tained herein apply only to the pas-senger fares and charges that the U.S. Department of Transportation requires to be filed as tariffs. 293.12 Revocation of exemption. (a) The Department, upon complaint or upon its own initiative, may, imme-d
20、iately and without hearing, revoke, in whole or in part, the exemption grant-ed by this part with respect to a carrier or carriers, when such action is in the public interest. (b) Any such action will be taken in a notice issued by the Assistant Sec-retary for Aviation and International Affairs, and
21、 will identify the tariff matter to be filed, and the deadline for carrier compliance. (c) Revocations under this section will have the effect of reinstating all applicable tariff requirements and pro-cedures specified in the Departments Regulations for the tariff material to be filed, unless otherw
22、ise specified by the Department. Subpart CEffect of Exemption 293.20 Rule of construction. To the extent that a carrier holds an effective exemption from the duty to file tariffs under this part, it shall not, unless otherwise directed by order of the Department, be subject to tariff posting, notifi
23、cation or subscription re-quirements set forth in 49 U.S.C. 41504 or 14 CFR part 221, except as provided in 293.21. 293.21 Incorporation of contract terms by reference. Carriers holding an effective exemp-tion from the duty to file tariffs under this part may incorporate contract terms by reference
24、(i.e., without stat-ing their full text) into the passenger ticket or other document embodying the contract of carriage for the sched-uled transportation of passengers in foreign air transportation, provided that: (a) The notice, inspection, expla-nation and other requirements set forth in 14 CFR 22
25、1.107, paragraphs (a), (b), (c) and (d) are complied with, to the extent applicable; (b) In addition to other remedies at law, a carrier may not claim the ben-efit under this section as against a pas-senger, and a passenger shall not be bound by incorporation of any contract term by reference under
26、this part, un-less the requirements of paragraph (a), of this section are complied with, to the extent applicable; and (c) The purpose of this section is to set uniform disclosure requirements, which preempt any State requirements on the same subject, for incorporation VerDate Mar2010 13:23 Feb 23,
27、2011 Jkt 223046 PO 00000 Frm 00240 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-,-,-231 Office of the Secretary, DOT 294.1 of terms by reference into contracts of carria
28、ge for the scheduled transpor-tation of passengers in foreign air transportation. 293.22 Effectiveness of tariffs on file. (a) One hundred and eighty days after the date of effectiveness of the Assist-ant Secretarys notice, passenger tar-iffs on file with the Department cov-ered by the scope of the
29、exemption will cease to be effective as tariffs under 49 U.S.C. 41504 and 41510, and the provi-sions of 14 CFR part 221, and will be canceled by operation of law. (b) One hundred and eighty days after the date of effectiveness of the Assist-ant Secretarys notice, pending appli-cations for filing and
30、/or effectiveness of any passenger tariffs covered by the scope of the exemption, will be dis-missed by operation of law. No new fil-ings or applications will be permitted after the date of effectiveness of the Assistant Secretarys notice except as provided under 293.12. PART 294CANADIAN CHARTER AIR
31、 TAXI OPERATORS Subpart AGeneral Sec. 294.1 Applicability and purpose. 294.2 Definitions. 294.3 General requirements for Canadian charter air taxi operators. Subpart BExemption 294.10 Exemption authority. Subpart CRegistration for Exemption 294.20 Applying for registration. 294.21 Procedure on recei
32、pt of registration form. 294.22 Notification to the Department of change in operations or identifying infor-mation. Subpart DGeneral Rules for Registrants 294.30 Scope of service and equipment au-thorized. 294.31 Use of business name. 294.32 Security arrangements for operating Public Charters. 294.3
33、3 Compliance with the regulations of the Federal Aviation Administration. 294.34 Advance approval by the Department. Subpart EInsurance Requirements 294.40 Aircraft accident liability insurance requirements. Subpart FCancellation of Registration and Presidential Review 294.50 Cancellation, revocatio
34、n, or suspen-sion of registration. 294.51 Presidential review. Subpart GAuthorizations and Waivers 294.60 Applications for authorization to con-duct individual operations or programs not otherwise permitted by this part. 294.61 Waivers. Subpart HViolations 294.70 Enforcement. Subpart ITerms, Conditi
35、ons, and Limitations of This Part 294.80 Waiver of sovereign immunity. 294.81 Local traffic prohibited. 294.83 Compliance with certain inter-national agreements. 294.84 Air competency requirements. 294.85 Charterworthiness standards. 294.86 Industrial/agricultural/other non-transport air operations
36、prohibited. 294.87 Compliance with Canadian licenses. AUTHORITY: 49 U.S.C. Chapters 401, 417. SOURCE: ER1257, 46 FR 52591, Oct. 27, 1981, unless otherwise noted. Subpart AGeneral 294.1 Applicability and purpose. This part establishes a classification of foreign air carriers known as Cana-dian charte
37、r air taxi operators, and es-tablishes registration procedures for these carriers operating or seeking to operate transborder services between Canada and the United States. This part also exempts Canadian charter air taxi operators from certain provisions of the Subtitle VII of Title 49 of the Unite
38、d States Code (Transportation), and establishes rules applicable to their operations in the United States. This part does not provide exemption from the safety regulatory provisions of the Statute that are administered by the U.S. Department of Transportation through the Federal Aviation Adminis-tra
39、tion (FAA), and Canadian charter air taxi operators in the conduct of VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00241 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-,-,-
