389 

Office of the Secretary, DOT 

§ 375.26 

Subpart C—Rules Generally 

Applicable 

§ 375.19

Nature of privilege conferred. 

The provisions of this part, and of 

any permit issued hereunder, together 
with section 1108(b) of the Act, are de-
signed, among other purposes, to carry 
out the international undertakings of 
the United States in the Chicago Con-
vention, in particular Article 5. That 
article gives foreign aircraft the privi-
lege of ‘‘taking on or discharging pas-
sengers, cargo or mail’’ subject to the 
right of the State where such embar-
kation or discharge takes place to im-
pose such regulations, conditions or 
limitations as it may consider desir-
able. The U.S. Congress by the 1953 
amendment to section 6 of the Air 
Commerce Act of 1926, now designated 
as section 1108(b) of the Act, authorizes 
the Department to permit such oper-
ations only where conditions of reci-
procity and the interest of the public 
in the United States are met. Thus, the 
operator of any foreign registered air-
craft is not entitled as a matter of 
right to the issuance, renewal or free-
dom from modification or change in a 
permit issuable pursuant to this au-
thority. Accordingly, any authority 
conferred by this part may be withheld, 
revoked, amended, modified, restricted, 
suspended, withdrawn, or canceled by 
the Department in the interest of the 
public of the United States, without 
notice or hearing. 

§ 375.20

Airworthiness and registra-

tion certificates. 

Foreign civil aircraft shall carry cur-

rently effective certificates of registra-
tion and airworthiness issued or ren-
dered valid by the country of registry 
and shall display the nationality and 
registration markings of that country. 
However, a foreign civil aircraft may 
carry, in lieu of such certificate of air-
worthiness, an effective special flight 
authorization issued by the Federal 
Aviation Administration for the oper-
ations being performed. 

§ 375.21

Airmen. 

Members of the flight crew of a for-

eign civil aircraft shall have in their 
personal possession valid airman cer-
tificates or licenses authorizing them 

to perform their assigned functions in 
the aircraft and for the operation in-
volved issued or rendered valid by the 
country of registry of the aircraft or by 
the United States. No such flight crew 
members shall perform any flight duty 
within the United States that they are 
not currently authorized to perform in 
the country issuing or validating the 
certificate. 

§ 375.22

Flight operations. 

Flights of foreign civil aircraft in the 

United States shall be conducted in ac-
cordance with the currently applicable 
rules of the Federal Aviation Adminis-
tration. 

§ 375.23

Maximum allowable weights. 

Foreign civil aircraft that are per-

mitted to navigate in the United 
States on the basis of foreign air-
worthiness certificates must conform 
to the limitations on maximum certifi-
cated weights prescribed or authorized 
for the particular variation of the air-
craft type, and for the particular cat-
egory of use, by the country of manu-
facture of the aircraft type involved. 

§ 375.24

Entry and clearance. 

All U.S. entry and clearance require-

ments for aircraft, passengers, crews, 
baggage and cargo shall be followed. 

§ 375.25

Unauthorized operations. 

No foreign civil aircraft shall be 

navigated in the United States unless 
authorized by this part. Commercial 
air operations (other than those au-
thorized by § 375.36) shall not be under-
taken without a permit issued by the 
Department. 

§ 375.26

Waiver of sovereign immunity. 

Owners and operators of aircraft op-

erated under this part that are engaged 
in proprietary of commercial activities 
waive any defense of sovereign immu-
nity from suit in any action or pro-
ceeding instituted against any of them 
in any court or other tribunal in the 
United States for any claim relating to 
that operation. 

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