rmajette on DSKBCKNHB2PROD with CFR

Office of the Secretary, DOT

Section 375.45

addressed to the Chief, Discrete Operations Branch, Licensing Division, P-
45, Office of Aviation Operations. Upon
a showing of good cause, applications
may be made by telegram or by telephone.
(b) Applications shall contain a proper identification (including citizenship)
of the applicant (the operator of the
aircraft concerned) and of the owner
thereof (if different from the applicant), a description of the aircraft by
make, model, and registration marks;
and a full description of the operations
for which authority is desired, indicating 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 description of the cargo and of the proposed operations shall be provided. In
the case of passenger flights, a full
identification and description of the
group chartering the aircraft, and identification of the travel agent, if any,
shall be provided. Applications shall
also contain a statement as to whether
the applicant-s homeland allows operators of U.S.-registered aircraft to conduct similar operations.
(c) Applications shall be filed at least
15 days in advance of the proposed commencement date of the operations. The
Department may direct the applicant
to serve copies of its application on additional 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, accompanied by whatever data, including affidavits, 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 applications shall be published in the Department-s Weekly List of Applications
Filed.
(2) Any person objecting to public
disclosure of any information in an application or memorandum must state
the grounds for the objection in writing. If the Department finds that disclosure of all or part of the information
should be withheld under applicable
provisions of law, and the public interest 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)

Section 375.44

Issuance of permit.

(a) The Department will issue a foreign aircraft permit if it finds that the
proposed operations meet the requirements of this part and are in the public
interest. Foreign aircraft permits may
be conditioned or limited by the Department. 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 applicant-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.
Section 375.45 Records and reports of occasional 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 passenger charters originating or terminating in the United States shall require each charterer to file with it

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