1、231 Office of the Secretary, DOT 294.1 of terms by reference into contracts of carriage 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
2、 notice, passenger tar-iffs on file with the Department cov-ered by the scope of the 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 ef
3、fectiveness of the Assist-ant Secretarys notice, pending appli-cations for filing and/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 Assi
4、stant Secretarys notice except as provided under 293.12. PART 294CANADIAN CHARTER AIR 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 CR
5、egistration for Exemption 294.20 Applying for registration. 294.21 Procedure on receipt 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 Us
6、e of business name. 294.32 Security arrangements for operating Public Charters. 294.33 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
7、 FCancellation of Registration and Presidential Review 294.50 Cancellation, revocation, 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
8、part. 294.61 Waivers. Subpart HViolations 294.70 Enforcement. Subpart ITerms, Conditions, 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 Charterwor
9、thiness standards. 294.86 Industrial/agricultural/other non-transport air operations 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. Thi
10、s part establishes a classification of foreign air carriers known as Cana-dian charter 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 ai
11、r taxi operators from certain provisions of the Subtitle VII of Title 49 of the United 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 administe
12、red by the U.S. Department of Transportation through the Federal Aviation Adminis-tration (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 C
13、FRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-232 14 CFR Ch. II (1111 Edition) 294.2 their operations must observe all appli-cable safety standards and require-ments. ER1257, 46 FR 52591, Oct. 27, 1981, as amend-ed at 60 FR 43526, Aug. 22, 1995 2
14、94.2 Definitions. As used in this part: (a) Agreement means the Air Transport Agreement Between the Government of the United States and the Government of Canada, signed at Ottawa, February 24, 1995, with Annexes and any amend-ments, supplements, reservations, or supersessions to it. (b) Canadian cha
15、rter air taxi operator means a foreign air carrier that is sub-stantially owned and effectively con-trolled by Canadian citizens, the Gov-ernment of Canada, or both, whose for-eign air transportation operations are limited to charter air service between points in Canada and points in the United Stat
16、es, and that does not use large aircraft in those operations. (c) Charter air service means non-scheduled commercial air transpor-tation of persons and their accom-panied baggage, and of property, on a time, mileage, or trip basis where the entire planeload capacity of one or more aircraft has been
17、engaged, or the transportation of mail by aircraft. (d) Large aircraft means any aircraft that are not small aircraft as defined in this section. (e) Maximum authorized takeoff weight has the meaning assigned to it in regu-lations of the Canadian Transport Commission. (f) Maximum certificated takeof
18、f weight means the maximum takeoff weight authorized by the terms of the aircraft airworthiness certificate. This weight may be found in the airplane operating record or in the airplane flight manual that is incorporated by regulation into the airworthiness certificate. (g) Maximum passenger capacit
19、y means the maximum number of passenger seats for which an aircraft is config-ured. (h) Maximum payload capacity means the maximum certificated takeoff weight of an aircraft less the empty weight as defined in section 03 of part 241 of this chapter, less all justifiable aircraft equipment, and less
20、the oper-ating load (consisting of minimum fuel load, oil, flight crew, stewards sup-plies, etc.). For purposes of this part, the allowance for weight of the crew, oil and fuel is as follows: (1) Crew200 pounds per crew mem-ber required under FAA regulations, (2) oil350 pounds, (3) fuelthe minimum w
21、eight of fuel required under FAA reg-ulations for a flight between domestic points 200 miles apart, assuming VFR weather conditions and flights not in-volving extended overwater operations. However, in the case of aircraft for which a maximum zero fuel weight is prescribed by the FAA, maximum pay-lo
22、ad capacity means the maximum zero fuel weight less the empty weight, less all justifiable aircraft equipment, and less the operating load (consisting of minimum flight crew, stewards sup-plies, etc., but not including disposable fuel or oil). (2) Reserved (i) Small aircraft means any aircraft desig
23、ned to have: (1) A maximum passenger capacity of not more than 30 seats and a maximum payload capacity of not more than 7,500 pounds, and/or (2) maximum authorized takeoff weight on wheels not greater than 35,000 pounds. ER1257, 46 FR 52591, Oct. 27, 1981, as amend-ed by Doc. No. 47939, 57 FR 40102,
24、 Sept. 2, 1992; 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug. 23, 2006 294.3 General requirements for Cana-dian charter air taxi operators. A Canadian charter air taxi operator shall conduct charter air service be-tween the United States and Canada only if it: (a) Has been registered by the De-partm
25、ent under this part; (b) Does not directly or indirectly utilize large aircraft in charter air services; (c) Has and maintains in effect liabil-ity insurance coverage that complies with the requirements set forth in sub-part E of this part and has and main-tains a current certificate of insurance ev
26、idencing such coverage on file with the Department; (d) Has and maintains in effect and on file with the Department a signed counterpart of Agreement 18900 (OST Form 4523) and complies with all other VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX
27、 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-233 Office of the Secretary, DOT 294.21 requirements of part 203 of this chap-ter; (e) Has effective authority from the Government of Canada to conduct cha
28、rter air service between the United States and Canada. (f) Has been granted Federal Aviation Administration operations specifica-tions required under part 129 of the Federal Aviation Regulations; (g) Is substantially owned and effec-tively controlled by Canadian citizens, or the Government of Canada
29、, or a combination of both; and (h) Complies with the terms, condi-tions, and limitations of this part. (The reporting requirements contained in paragraph (d) were approved by the Office of Management and Budget under control num-ber 30240064) ER1257, 46 FR 52591, Oct. 27, 1981, as amend-ed by ER133
30、2, 48 FR 8051, Feb. 25, 1983; ER 1342, 48 FR 31015, July 6, 1983; Docket No. 47939, 57 FR 40102, Sept. 2, 1992; 71 FR 49347, Aug. 23, 2006 Subpart BExemption 294.10 Exemption authority. Canadian charter air taxi operators registered under this part are exempt from the following provisions of the Sta
31、tute to the extent necessary to per-form charter air service between the United States and Canada, and as long as they comply with the terms, condi-tions, and limitations of this part: (a) Section 41302 (permits). (b) Section 41501 (carriers duty to ob-serve reasonable rates). (c) Section 41310 (dis
32、crimination). (d) Section 41313 (aviation disaster family assistance plans for foreign air carriers) ER1257, 46 FR 52591, Oct. 27, 1981, as amend-ed at 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug. 23, 2006 Subpart CRegistration for Exemption 294.20 Applying for registration. To apply for registrati
33、on under this part, a Canadian charter air taxi oper-ator shall file with the Departments Office of International Aviation, Spe-cial Authorities Division, the fol-lowing: (a) A currently effective certificate of insurance (see 294.40); and (b) Three copies of OST Forms 4523 and 4505, which may be ob
34、tained from the Departments Office of Inter-national Aviation, Special Authorities Division. All the information required by OST Form 4505 shall be filled in, and it shall be certified by a responsible of-ficer of the applicant Canadian charter air taxi operator. (Approved by the Office of Managemen
35、t and Budget under control number 30240051) ER1257, 46 FR 52591, Oct. 27, 1981; 46 FR 62054, Dec. 22, 1981, as amended by ER1363, 48 FR 46265, Oct. 12, 1983; Docket No. 47939, 57 FR 40102, Sept. 2, 1992; 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug. 23, 2006 294.21 Procedure on receipt of reg-istrat
36、ion form. (a) The Department will list the names and addresses of all persons ap-plying for registration under this part in its Weekly Summary of Filings. (b) Any person objecting to the reg-istration of a Canadian charter air taxi operator shall file an objection with the Office of International Av
37、iation, Special Authorities Division, and serve a copy on the applicant within 28 days after the Department receives the properly completed registration appli-cation. Objections shall include any facts and arguments upon which they are based. (c) Any answers to objections shall be filed within 14 da
38、ys after the date that the objections were due. (d) After receipt of OST Form 4505, the Department may request addi-tional information. (e) After the period for objections and answers has expired, the Department will take one of the following actions: (1) Issue the registration by stamping its effec
39、tive date on OST Form 4505 and sending a copy of it to the carrier. (2) Reject the application for failure to comply with this part; (3) Issue the registration subject to such terms, conditions, or limitations as may be consistent with the public interest; or (4) Institute evidentiary proceedings to
40、 consider whether the registration should be issued. (f) An action described in paragraph (e) of this section will normally be VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for Res
41、aleNo reproduction or networking permitted without license from IHS-,-,-234 14 CFR Ch. II (1111 Edition) 294.22 taken within 60 days after the registra-tion application is received. The De-partment will consider requests for faster action that include a full expla-nation of the need for expedited ac
42、tion. (g) A registration shall not be issued until the Department receives evidence that the applicant has effective author-ity issued by the Government of Can-ada. The applicant must provide copies of its Air Carrier Operating certificate and non-scheduled international li-cense issued by the Gover
43、nment of Canada. (h) Rejection of an application for registration will not preclude the filing of a new application by the same car-rier. ER1257, 46 FR 52591, Oct. 27, 1981, as amend-ed by Docket No. 47939, 57 FR 40102, Sept. 2, 1992; 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug. 23, 2006 294.22 Not
44、ification to the Depart-ment of change in operations or identifying information. Registrants shall refile a copy of OST Form 4505 with the Departments Office of International Aviation, Special Au-thorities Division, upon any of the fol-lowing events. The refiling shall be sent by electronic mail, or
45、 other means, so as to be received by the De-partment not later than 30 days after the reported event has occurred. (a) The carrier changes its name. When a carrier refiles OST Form 4505 to indicate a change of name: (1) A registration ceases to be in ef-fect unless the Government of Canada amends t
46、he registrants Air Carrier Op-erating Certificate to reflect the reg-istrants new name within 60 days of the name change and the registrant submits to the Department a copy of its amended Canadian authority. (2) The registrant must also refile three copies of Agreement 18900 (OST Form 4523) under it
47、s new name; (3) The registrant must also refile its certificate of insurance under its new name; and (4) The registrant must also advise the appropriate FAA office referred to in 294.33 of the carriers new name. (b) The carrier changes its designated agent. (c) A change occurs in the carriers owners
48、hip and control resulting in a person acquiring a beneficial or voting interest in the registrant of 10 percent or more. The name(s), address(es), citi-zenship(s), and percentages of owner-ship of the new owners shall be indi-cated on the form. Acquisition of own-ership interest by persons who are n
49、ot citizens of the country of citizenship of the registrant may invalidate the reg-istration. (d) The carrier temporarily or perma-nently ceases operations. (Approved by the Office of Management and Budget under control number 30240051) ER1257, 46 FR 52591, Oct. 27, 1981, as amend-ed by ER1363, 48 FR 46265, Oct. 12, 1983; Doc. No. 47939, 57 FR 40102, Sept. 2, 1992; 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug.
