394
14 CFR Ch. II (1–1–19 Edition)
§ 375.50
prior to flight a list of names and ad-
dresses of all passengers to be trans-
ported on each flight.
(d)
Reports of unused authority.
All
foreign operators of occasional plane-
load charters for which authority is
granted must notify the Department,
in writing, not later than 15 days after
the expiration of their permits, or their
failure to use this authority. The un-
used authority shall otherwise be
deemed to have been exercised.
Subpart F—Transit Flights
§ 375.50
Transit flights; scheduled
international air service operations.
(a)
Requirement of notice.
Scheduled
international air services proposed to
be operated pursuant to the Inter-
national Air Services Transit Agree-
ment in transit across the United
States may not be undertaken by for-
eign civil aircraft unless the operator
of such aircraft, and (if other than the
operator) the carrier offering such
service to the public, has, not less than
30 days prior to the date of commence-
ment of such service, filed a Notice of
Proposed Transit Flights Pursuant to
the International Air Services Transit
Agreement in accordance with the pro-
visions of paragraphs (b) and (c) of this
section.
(b)
Filing of the notice.
An original
and two copies of the Notice shall be
filed with the Chief, Discrete Oper-
ations Branch, Licensing Division, P–
45, Office of Aviation Operations. Cop-
ies of the Notice shall be served upon
the Department of State and the Ad-
ministrator of the Federal Aviation
Administration. The filing date shall
be the date of actual receipt by the De-
partment.
(c)
Content of notice.
A ‘‘Notice of
Proposed Transit Flights Pursuant to
the International Air Services Transit
Agreement’’ shall be clearly labeled as
such, and as a minimum shall set forth,
with whatever detail may be necessary,
the following information:
(1) The name, country or organiza-
tion, and citizenship of the operator,
and, if other than the operator, of the
carrier offering the services to the pub-
lic. If any interest (direct or indirect)
in the operator or offeror of services is
held by nationals of a country other
than the country of organization or
citizenship, the nature and extent of
such interest must be fully disclosed. If
any officer or director of the operator
or carrier offering the services is a na-
tional of a country other than the
country of organization or citizenship,
the position of duties of such officer or
director, and the officer and director’s
relevant position in relation to other
officers and directors must similarly be
fully disclosed. If the information re-
quired in this subsection has been pre-
viously supplied to the Department,
the applicant may incorporate it by
reference.
(2) The State of registration of the
aircraft proposed to be operated.
(3) A full description of the proposed
operations including the type of oper-
ations (passenger, property, mail, or
combination), date of commencement,
duration and frequency of flights, and
routing (including each terminal and
intermediate point to be served).
(4) A statement as to whether or not
any advertisement or publication of
the proposed operations has been made
in the United States. If there has been
any advertisement or publication of
the operations in the United States,
copies of all such advertisements or
publications shall be included.
(5) Any change with respect to these
matters (minor changes in schedules or
routing excepted) shall also be filed
with the Department.
(d)
Authorized operations.
If the oper-
ator and the carrier offering services to
the public (if different from the oper-
ator) have filed a ‘‘Notice of Proposed
Transit Flights Pursuant to the Inter-
national Air Services Transit Agree-
ment,’’ at least 30 days before the date
of commencement of the proposed op-
erations in accordance with paragraphs
(a), (b), and (c) of this section, the de-
scribed operations may be commenced
and performed without further author-
ization from the Department, unless
and until the Department issues an
order notifying the operator and/or the
carrier offering the services to the pub-
lic that, considering the matters sub-
mitted in the Notice, the Department
is of the view that a question may exist
as to whether:
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