1、239 Office of the Secretary, DOT 297.2 (3) Section 41310 (nondiscrimination) with respect to foreign air transpor-tation. (4) Section 41708 (accounts, records, and reports) and section 41709 (inspec-tion of accounts and property); (5) Section 41712 (unfair or deceptive practices or method of competi
2、tion); (6) Section 40102(b) (form of control); and (7) Section 41711 (inquiry into air car-rier management). (b)(c) Reserved (d) Direct air carriers are exempted from Chapter 415 of the Statute to the extent necessary to permit them to pay, directly or indirectly, fees to indi-rect cargo air carrier
3、s. ER1261, 46 FR 54727, Nov. 4, 1981, as amend-ed by ER1335, 48 FR 22705, May 20, 1983; ER 1381, 49 FR 25226, June 20, 1984, 50 FR 31142, July 31, 1985; 60 FR 43527, Aug. 22, 1995 Subpart CViolations 296.20 Enforcement. In case of any violation of any of the provisions of the Statute, or of this par
4、t, or any other rule, regulation, or order issued under the Statute, the vio-lator may be subject to a proceeding under section 46101 of the Statute be-fore the Department, or sections 46106 through 46108 of the Statute before a U.S. District Court, as the case may be, to compel compliance. The viol
5、ator may also be subject to civil penalties under the provisions of section 46301 of the Statute, or other lawful sanctions. ER1261, 46 FR 54727, Nov. 4, 1981, as amend-ed by Docket No. 47939, 57 FR 40103, Sept. 2, 1992; 60 FR 43527, Aug. 22, 1995 PART 297FOREIGN AIR FREIGHT FORWARDERS AND FOREIGN C
6、OOPERATIVE SHIPPERS ASSO-CIATIONS Subpart AGeneral Sec. 297.1 Purpose. 297.2 Applicability. 297.3 Definitions. 297.4 Joint loading. 297.5 Foreign air freight forwarder as agent. 297.6 Foreign cooperative shippers associa-tion as agent. Subpart BExemption for Foreign Indirect Air Transportation of Pr
7、operty 297.10 Exemption from the Statute. 297.11 Disclaimer of jurisdiction. 297.12 General requirements. Subpart CRegistration for Foreign Air Freight Forwarders and Foreign Coop-erative Shippers Associations 297.20 Filing for registration. 297.21 Objections to registration applica-tion. 297.22 Pro
8、cedure on receipt of registration application. 297.23 Waiver of sovereign immunity. 297.24 Notification to the Department of change of operations. 297.25 Cancellation or conditioning of reg-istration. Subpart DGeneral Rules for Foreign Indirect Air Carriers 297.30 Public disclosure of cargo liabilit
9、y in-surance. 297.31 Preparation of airwaybills and mani-fests. Subpart E Reserved Subpart FViolations 297.50 Enforcement. AUTHORITY: 49 U.S.C. Chapters 401, 417. SOURCE: ER1159, 44 FR 69635, Dec. 4, 1979, unless otherwise noted. Subpart AGeneral 297.1 Purpose. This part establishes registration pro
10、cedures and operating rules for for-eign air carriers that engage indirectly in interstate or foreign air transpor-tation of property. It relieves these carriers from certain provisions of Sub-title VII of Title 49 of the United States Code (Transportation), and es-tablishes simplified reports for t
11、hem. ER1294, 47 FR 19684, May 7, 1982, as amend-ed at 60 FR 43527, Aug. 22, 1995 297.2 Applicability. This part applies to interstate air transportation of property and to for-eign air transportation of property out-bound from the United States by for-eign indirect air carriers. It also ap-plies to
12、applications for registration as VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00249 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-,-,-240 14 CFR Ch. II (111
13、1 Edition) 297.3 a foreign indirect air carrier of prop-erty. ER1294, 47 FR 19684, May 7, 1982, as amend-ed at 60 FR 43527, Aug. 22, 1995 297.3 Definitions. For purpose of this part: (a) Foreign air freight forwarder means a foreign indirect air carrier that is re-sponsible for the transportation of
14、 property from the point of receipt to point of destination, and utilizes for the whole or any part of such transpor-tation the services of a direct air car-rier or its agent, of another foreign in-direct cargo air carrier as defined in part 296 of this chapter. (b) Foreign cooperative shippers asso
15、-ciation means a bona fide asociation of shippers operating as a foreign indirect air carrier on a nonprofit basis that un-dertakes to ship property by air for the account of such association or its members, and utilizes for the whole or any part of such transportation the services of a direct air c
16、arrier or its agent, of a foreign indirect cargo air carrier as defined in part 296 of this chapter. (c) Direct air carrier means an air car-rier or foreign air carrier directly en-gaged in the operation of aircraft under a certificate, regulation, order, or per-mit issued by the Department of Trans
17、-portation or the Civil Aeronautics Board. (d) Foreign indirect air carrier means any person, not a citizen of the United States, who undertakes indirectly to engage in the air transportation of property. ER1159, 44 FR 69635, Dec. 4, 1979, as amend-ed by ER1294, 47 FR 19684, May 7, 1982; Dock-et No.
18、 47939, 57 FR 40103, Sept. 2, 1992 297.4 Joint loading. Nothing in this part shall preclude joint loading, meaning the pooling of shipments and their delivery to a di-rect air carrier for transportation as one shipment, under an agreement be-tween two or more indirect air carriers or foreign indirec
19、t air carriers. 297.5 Foreign air freight forwarder as agent. A foreign air freight forwarder may act as agent of a shipper, or of a direct air carrier that has authorized such agency, if it expressly reserves the op-tion to do so when the shipment is ac-cepted. A foreign air freight forwarder shall
20、 not act as the agent of any direct air carrier with respect to shipments accepted for forwarding. 297.6 Foreign cooperative shippers association as agent. A foreign cooperative shippers asso-ciation may act as agent of a shipper, or of a direct air carrier that has au-thorized such agency, if it ex
21、pressly re-serves the option to do so when the shipment is accepted. A cooperative shippers association shall not act as an agent of any direct air carrier with re-spect to shipments accepted in its ca-pacity as an indirect air carrier. ER1235, 46 FR 38496, July 28, 1981 Subpart BExemption for Forei
22、gn Indirect Air Transportation of Property 297.10 Exemption from the Statute. (a) Foreign indirect air carriers with an effective registration under this part are exempted from the following provisions of the Statute only if and so long as they comply with the provi-sions of this part and the condit
23、ions imposed herein, and to the extent nec-essary to permit them to arrange their air freight shipments: (1) Section 41302 (Permits); (2) Sections 41504 and 41510(a) (Tar-iffs); (3) Section 41510(b) (Solicitation of rebates) to the extent necessary to per-mit them to solicit, accept, or receive fees
24、 from direct air carriers; (4) Section 41501 (Carriers duty to es-tablish just and reasonable rates, etc.); and (5) If awarded interstate air transpor-tation operating rights, any other pro-vision of the Statute that would other-wise prohibit them from engaging in the interstate indirect air transpo
25、r-tation of property. (6) Section 41310 (nondiscrimination) with respect to interstate and overseas air transportation. (b) Direct air carriers are exempted from Chapter 415 of the Statute to the extent necessary to permit them to VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00250 Fmt
26、8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-241 Office of the Secretary, DOT 297.22 pay, directly or indirectly, fees to for-eign air freight forwarders and foreign coo
27、perative shippers associations on consolidated shipments. ER1336, 48 FR 22705, May 20, 1983, as amend-ed by ER1382, 49 FR 25226, June 20, 1984; Docket No. 47939, 57 FR 40103, Sept. 2, 1992; 60 FR 43527, Aug. 22, 1995 297.11 Disclaimer of jurisdiction. The Department declines to exercise its jurisdic
28、tion over foreign indirect air carriers of property with respect to shipments that originate in a foreign country. The Department reserves the right to exercise its jurisdiction over any foreign indirect air carrier of prop-erty at any time it finds that such ac-tion is in the public interest. 297.1
29、2 General requirements. (a) The direct air transportation pro-vided must be performed by direct air carriers that hold authority under sec-tion 41102, 41103, 41302, or 41701 of the Statute or are operating under part 298 of this chapter; (b) Only U.S. citizen direct air car-riers may provide direct
30、air transpor-tation operations in interstate air transportation. (c) Foreign indirect air carriers that hold authority to engage in foreign air transportation must apply additionally for permission to consolidate freight in interstate air transportation. ER1294, 47 FR 19684, May 7, 1982, as amend-ed
31、 at 60 FR 43527, Aug. 22, 1995 Subpart CRegistration for For-eign Air Freight Forwarders and Foreign Cooperative Shippers Associations 297.20 Filing for registration. (a) Not later than 60 days before the start of operations as a foreign indirect air carrier, every foreign air freight forwarder and
32、foreign cooperative ship-pers association shall apply for reg-istration with the Department, unless upon a showing of good cause, the Di-rector, Office of Aviation Analysis, al-lows application at a later time. (b) Application shall consist of filing with the Departments Office of Avia-tion Analysis
33、, Special Authorities Di-vision, two copies of completed OST Form 4506, which may be obtained from the Department of Transportation, Special Authorities Division. ER1159, 44 FR 69635, Dec. 4, 1979, as amend-ed by ER1265, 46 FR 56602, Nov. 18, 1981; Docket No. 47939, 57 FR 40103, Sept. 2, 1992; 60 FR
34、 43527, Aug. 22, 1995 297.21 Objections to registration ap-plication. Persons objecting to registration by a foreign air freight forwarder or for-eign cooperative shippers association shall file their objections with the Of-fice of Aviation Analysis, Special Au-thorities Division, within 28 days of
35、the filing date of the registration forms. The Department will list the names and nationality of all persons applying for registration in its Weekly Sum-mary of Filings. ER1159, 44 FR 69635, Dec. 4, 1979, as amend-ed by Docket No. 47939, 57 FR 40103, Sept. 2, 1992; 60 FR 43527, Aug. 22, 1995 297.22
36、Procedure on receipt of reg-istration application. After review of a registration form filed under 297.20, the Department will take one or more of the following ac-tions: (a) Indicate by stamp on OST Form 4506 the effective date of registration, and return to the carrier the duplicate copy of OST Fo
37、rm 4506 as evidence of registration with the Department under this part; (b) Reject an application for registra-tion for failure to comply with this part, for reasons relating to the failure of effective reciprocity, or if the De-partment finds that it is in the public interest to do so. (c) Request
38、 additional information from the applicant; (d) Issue an order subjecting a car-riers exercise of authority under this part to such terms, conditions, or limi-tations as may be required by the pub-lic interest; or (e) Institute a proceeding under sec-tion 41302 of the Statute. ER1159, 44 FR 69635, D
39、ec. 4, 1979, as amend-ed by ER1294, 47 FR 19685, May 7, 1982; Dock-et No. 47939, 57 FR 40103, Sept. 2, 1992; 60 FR 43527, Aug. 22, 1995 VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00251 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNo
40、t for ResaleNo reproduction or networking permitted without license from IHS-,-,-242 14 CFR Ch. II (1111 Edition) 297.23 297.23 Waiver of sovereign immunity. By accepting an approval registra-tion form under this part, a carrier waives any right it may possess to as-sert any defense of sovereign imm
41、unity from suit in any action or proceeding instituted against the carrier in any court or other tribunal in the United States based upon any claim arising out of operations by the carrier under this part. 297.24 Notification to the Depart-ment of change of operations. (a) Not later than 30 days bef
42、ore any change in its name or address or any temporary or permanent cessation of operations, each foreign indirect air carrier shall notify the Departments Office of Aviation Analysis, Special Authorities Division, of the change by resubmitting OST Form 4506. (b) The registrant shall apply for an am
43、endment of its registration not later than 30 days after any person listed on its existing registration as owning or holding beneficial ownership of 10 per-cent or more of the registrants stock no longer has an interest of 10 percent or more, or after any person not so list-ed becomes an owner or ho
44、lder of 10 percent or more. Application for amendment shall be made by resubmit-ting OST Form 4506, but the existing registration shall remain valid pending Department action on the amendment. ER1159, 44 FR 69635, Dec. 4, 1979, as amend-ed by Docket No. 47939, 57 FR 40103, Sept. 2, 1992; 60 FR 43527
45、, Aug. 22, 1995 297.25 Cancellation or conditioning of registration. The registration of a foreign indirect air carrier may be canceled or sub-jected to additional terms, conditions or limitations if: (a) It files with the Department a written notice that it is discontinuing foreign indirect air car
46、rier activities; (b) It fails to perform air transpor-tation services as authorized; (c) It fails to file the reports required by this part; (d) A substantial ownership or con-trol interest is acquired by persons who are not citizens of the country of citi-zenship of the registrant; (e) There is a f
47、ailure of effective reci-procity; or (f) The Department finds that it is in the public interest to do so. ER1159, 44 FR 69635, Dec. 4, 1979, as amend-ed by ER1294, 47 FR 19685, May 7, 1982 Subpart DGeneral Rules for Foreign Indirect Air Carriers 297.30 Public disclosure of cargo li-ability insurance
48、. Every foreign air freight forwarder shall give notice in writing to the ship-per, when any shipment is accepted, of the limits of its cargo liability insur-ance, or of the absence of such insur-ance, and the limits of its liability, if any. The notice shall be included clear-ly and conspicuously o
49、n all of its rate sheets and airwaybills, and on any other documentation that is given to a shipper at the time of acceptance of the shipment. 297.31 Preparation of airwaybills and manifests. (a) Each registered foreign indirect air carrier shall prepare an accurate airwaybill describing completely all services rendered to or on behalf of the shipper, including the conditions under which
