395 

Office of the Secretary, DOT 

§ 375.60 

(1) The proposed services are author-

ized pursuant to the terms of the Inter-
national Air Services Transit Agree-
ment; 

(2) Substantial ownership and effec-

tive control are vested in nationals of a 
State party to the International Air 
Services Transit Agreement; 

(3) The proposed operations will be in 

compliance with the laws of the United 
States, the Department’s rules, or the 
provisions of this section; or 

(4) The operator or its government 

have performed their obligations under 
the International Air Services Transit 
Agreement. 

(e) 

Prohibited operations. 

If the De-

partment issues an order of notifica-
tion as described in paragraph (d) of 
this section, neither the operator, nor 
the carrier offering the services to the 
public, shall commence the proposed 
operations, or, except as may be other-
wise specified in the order, operate any 
flights subsequent to receipt of the 
order, unless and until the Department 
issues a foreign aircraft permit pursu-
ant to the provisions of section 1108(b) 
of the Act and this part specifically au-
thorizing such operations. 

(f) 

Foreign aircraft permit—application 

and procedures. 

If the Department 

issues an Order of Notification as de-
scribed in paragraph (d) of this section, 
the carrier’s Notice of Proposed Tran-
sit Flights Pursuant to the Inter-
national Air Services Transit Agree-
ment shall be treated as an application 
for the required foreign aircraft per-
mit, and further procedures on such ap-
plication shall be as directed by the 
Department. 

(g) 

Short notice filing. 

Nothing in this 

section shall be construed as pre-
cluding the filing of an application for 
a foreign aircraft permit to perform 
transit operations pursuant to the 
International Air Services Transit 
Agreement less than 30 days in advance 
of the proposed operation. No such 
flights shall be operated, however, un-
less or until a specific foreign aircraft 
permit has been issued by the Depart-
ment. 

(h) 

Nature of privilege conferred. 

Air 

transportation is not authorized under 
this section, and the burden rests upon 
each operator and carrier to show that 
the proposed operations will not con-

stitute air transportation within the 
meaning of the Federal Aviation Act. 
In addition, each operator and carrier 
has the burden of demonstrating that 
the proposed operations are authorized 
by the International Air Services Tran-
sit Agreement, and that the appro-
priate authorization should not be 
withheld pursuant to section 5 of Arti-
cle I thereof. Stopovers for the conven-
ience or pleasure of the passengers are 
not authorized under this section and 
stops other than for strictly oper-
ational reasons shall not be made. The 
consolidation on the same aircraft of 
an operation under this section with a 
service authorized under section 402 or 
416(b) of the Act is not authorized by 
this section. Any authorization or per-
mit granted under this section is non-
transferable, and may be withheld, re-
voked, suspended, withdrawn, or can-
celled by the Department, without no-
tice or hearing, if required by the pub-
lic interest. Operators of aircraft reg-
istered in countries not parties to the 
International Air Services Transit 
Agreement shall make special applica-
tion to the Department under § 375.70. 

Subpart G—Penalties 

§ 375.60

Penalties. 

The operation of a foreign aircraft 

within the United States or over adja-
cent territorial waters in violation of 
the provisions of this part constitutes 
a violation of the Federal Aviation Act 
and of this chapter, and may, in addi-
tion, constitute a violation of the rules 
of the Federal Aviation Administra-
tion. Such operation makes the person 
or persons responsible for the violation 
or violations subject to a civil penalty 
as provided in section 901 of the Act, 
and to the alteration, amendment, 
modification, suspension or revocation 
of any permit issued under this part 
and of any U.S. certificate involved as 
provided in section 609 of the Act. En-
gaging in air transportation as defined 
in the Act by a foreign aircraft without 
a foreign air carrier permit issued pur-
suant to section 402 of the Act or an ex-
emption, or in violation of the terms of 
such authority constitutes not only a 
violation of this part but of title IV of 

VerDate Sep<11>2014 

11:52 May 03, 2019

Jkt 247049

PO 00000

Frm 00405

Fmt 8010

Sfmt 8010

Y:\SGML\247049.XXX

247049

rmajette on DSKBCKNHB2PROD with CFR