393 

Office of the Secretary, DOT 

§ 375.45 

addressed to the Chief, Discrete Oper-
ations Branch, Licensing Division, P– 
45, Office of Aviation Operations. Upon 
a showing of good cause, applications 
may be made by telegram or by tele-
phone. 

(b) Applications shall contain a prop-

er identification (including citizenship) 
of the applicant (the operator of the 
aircraft concerned) and of the owner 
thereof (if different from the appli-
cant), a description of the aircraft by 
make, model, and registration marks; 
and a full description of the operations 
for which authority is desired, indi-
cating type and dates of operations and 
number of flights, and routing. In the 
case of cargo flights, the names of all 
contractors, agents, if any, and the 
beneficial owner of the cargo, and a de-
scription of the cargo and of the pro-
posed operations shall be provided. In 
the case of passenger flights, a full 
identification and description of the 
group chartering the aircraft, and iden-
tification of the travel agent, if any, 
shall be provided. Applications shall 
also contain a statement as to whether 
the applicant’s homeland allows opera-
tors of U.S.-registered aircraft to con-
duct similar operations. 

(c) Applications shall be filed at least 

15 days in advance of the proposed com-
mencement date of the operations. The 
Department may direct the applicant 
to serve copies of its application on ad-
ditional persons. Late applications 
may be considered by the Department 
upon a showing of good cause. 

(d)(1) Any party in interest may file 

a memorandum supporting or opposing 
an application. Two copies of each 
memorandum shall be filed within 7 
business days after the application is 
filed but no later than the proposed 
commencement date of the operations. 
Memoranda will be considered to the 
extent practicable; the Department 
may act on an application without 
waiting for supporting or opposing 
memoranda to be filed. 

(2) Each memorandum shall set forth 

the reasons why the applications 
should be granted or denied, accom-
panied by whatever data, including af-
fidavits, the Department is asked to 
consider. 

(3) A copy of each memorandum shall 

be served on the applicant. 

(e)(1) Unless otherwise ordered by the 

Department, each application and 
memorandum filed in response shall be 
available for public inspection at the 
Licensing Division of the Office of 
Aviation Operations immediately upon 
filing. Notice of the filing of all appli-
cations shall be published in the De-
partment’s Weekly List of Applications 
Filed. 

(2) Any person objecting to public 

disclosure of any information in an ap-
plication or memorandum must state 
the grounds for the objection in writ-
ing. If the Department finds that dis-
closure of all or part of the information 
should be withheld under applicable 
provisions of law, and the public inter-
est does not require disclosure, it will 
order that the injurious information be 
withheld. 

(Approved by the Office of Management and 
Budget under control number 2106–0002) 

§ 375.44

Issuance of permit. 

(a) The Department will issue a for-

eign aircraft permit if it finds that the 
proposed operations meet the require-
ments of this part and are in the public 
interest. Foreign aircraft permits may 
be conditioned or limited by the De-
partment. Permits must be carried 
aboard the applicant’s aircraft during 
flight over U.S. territory, and are not 
transferable. 

(b) In determining whether to grant a 

particular application, the Department 
will consider, among other factors, the 
extent to which the country of the ap-
plicant’s nationality deals with U.S. 
civil aircraft operators on the basis of 
substantial reciprocity, and whether 
the operation is otherwise in the public 
interest. 

§ 375.45

Records and reports of occa-

sional planeload charters. 

(a) 

Cargo documents. 

The holder of a 

permit for cargo operations shall issue 
a manifest or shipping document to its 
shipper with respect to each shipment. 

(b) [Reserved] 
(c) 

Contents of documents for passenger 

flights. 

The holder of a permit for pas-

senger charters originating or termi-
nating in the United States shall re-
quire each charterer to file with it 

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