391 

Office of the Secretary, DOT 

§ 375.37 

(4) Witnesses and attorneys attending 

any legal investigation in which any 
such foreign air carrier is involved; 

(5) Persons injured in aircraft acci-

dents and physicians and nurses at-
tending such persons; 

(6) Any persons or property with the 

object of providing relief in cases of 
general epidemic, natural disaster or 
other catastrophe; 

(7) Any person who has the duty of 

guarding foreign government officials 
travelling on official business; and 

(8) Guests of a foreign air carrier (in-

cluding members of the press) on deliv-
ery flights of newly-acquired or newly- 
renovated aircraft. 

(c) A charge reasonably related to 

the value of meals and beverages fur-
nished enroute shall not be deemed to 
constitute compensation or hire for 
purposes of this section. 

§ 375.36

Lease of foreign civil aircraft 

without crew. 

Foreign civil aircraft that are leased 

without crew to an air carrier or cit-
izen or permanent resident of the 
United States, and used by the lessee 
in otherwise authorized air transpor-
tation or commercial air operations, 
may be operated into, out of, and with-
in the United States in accordance 
with any applicable regulations pre-
scribed by the Federal Aviation Admin-
istration. 

§ 375.37

Certain business aviation ac-

tivities using U.S.-registered foreign 
civil aircraft. 

For purposes of this section, ‘‘com-

pany’’ is defined as a person that oper-
ates civil aircraft in furtherance of a 
business other than air transportation. 
U.S.-registered foreign civil aircraft 
that are not otherwise engaged in com-
mercial air operations, or foreign air 
transportation, and which are operated 
by a company in the furtherance of a 
business other than transportation by 
air, when the carriage is within the 
scope of, and incidental to, the busi-
ness of the company (other than trans-
portation by air), may be operated to, 
from, and within the United States as 
follows: 

(a) 

Intra-company operations. 

A com-

pany operating a U.S.-registered for-
eign civil aircraft may conduct oper-

ations for a subsidiary or parent or a 
subsidiary of its parent on a fully-allo-
cated cost reimbursable basis; pro-
vided, that the operator of the U.S.- 
registered foreign civil aircraft must 
hold majority ownership in, be major-
ity owned by, or have a common parent 
with, the company for which it pro-
vides operations; 

(b) 

Interchange operations. 

A company 

may lease a U.S.-registered foreign 
civil aircraft to another company in 
exchange for equal time when needed 
on the other company’s U.S. registered 
aircraft, where no charge, assessment, 
or fee is made, except that a charge 
may be made not to exceed the dif-
ference between the cost of owning, op-
erating, and maintaining the two air-
craft; 

(c) 

Joint ownership operations. 

A com-

pany that jointly owns a U.S.-reg-
istered foreign civil aircraft and fur-
nishes the flight crew for that aircraft 
may collect from the other joint own-
ers of that aircraft a share of the ac-
tual costs involved in the operation of 
the aircraft; and 

(d) 

Time-sharing operations. 

A com-

pany may lease a U.S.-registered for-
eign civil aircraft, with crew, to an-
other company; provided, that the op-
erator may collect no charge for the 
operation of the aircraft except reim-
bursement for: 

(1) Fuel, oil, lubricants, and other ad-

ditives. 

(2) Travel expenses of the crew, in-

cluding food, lodging, and ground 
transportation. 

(3) Hanger and tie-down costs away 

from the aircraft’s base of operations. 

(4) Insurance obtained for the specific 

flight. 

(5) Landing fees, airport taxes, and 

similar assessments. 

(6) Customs, foreign permit, and 

similar fees directly related to the 
flight. 

(7) In flight food and beverages. 
(8) Passenger ground transportation. 
(9) Flight planning and weather con-

tract services. 

(10) An additional charge equal to 100 

percent of the expenses for fuel, oil, lu-
bricants, and other additives. 

[Doc. No. DOT–OST–2003–15511, 71 FR 15328, 
Mar. 28, 2006] 

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