rmajette on DSKBCKNHB2PROD with CFR

Office of the Secretary, DOT

Section 375.60

(1) The proposed services are authorized pursuant to the terms of the International Air Services Transit Agreement;
(2) Substantial ownership and effective 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 Department issues an order of notification 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 otherwise specified in the order, operate any
flights subsequent to receipt of the
order, unless and until the Department
issues a foreign aircraft permit pursuant to the provisions of section 1108(b)
of the Act and this part specifically authorizing such operations.
(f) Foreign aircraft permit - application
and procedures. If the Department
issues an Order of Notification as described in paragraph (d) of this section,
the carrier-s Notice of Proposed Transit Flights Pursuant to the International Air Services Transit Agreement shall be treated as an application
for the required foreign aircraft permit, and further procedures on such application shall be as directed by the
Department.
(g) Short notice filing. Nothing in this
section shall be construed as precluding 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, unless or until a specific foreign aircraft
permit has been issued by the Department.
(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 Transit Agreement, and that the appropriate authorization should not be
withheld pursuant to section 5 of Article I thereof. Stopovers for the convenience or pleasure of the passengers are
not authorized under this section and
stops other than for strictly operational 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 permit granted under this section is nontransferable, and may be withheld, revoked, suspended, withdrawn, or cancelled by the Department, without notice or hearing, if required by the public interest. Operators of aircraft registered in countries not parties to the
International Air Services Transit
Agreement shall make special application to the Department under Section 375.70.

Subpart G - Penalties
Section 375.60

Penalties.

The operation of a foreign aircraft
within the United States or over adjacent 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 addition, constitute a violation of the rules
of the Federal Aviation Administration. 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. Engaging in air transportation as defined
in the Act by a foreign aircraft without
a foreign air carrier permit issued pursuant to section 402 of the Act or an exemption, or in violation of the terms of
such authority constitutes not only a
violation of this part but of title IV of

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