[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR212.9]

[Page 34-35]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 212_CHARTER RULES FOR U.S. AND FOREIGN DIRECT AIR CARRIERS--Table of 
 
Sec. 212.9  Prior authorization requirements.

    (a) Certificated air carriers shall obtain a statement of 
authorization for

[[Page 35]]

each long-term wet lease to a foreign air carrier.
    (b) Foreign air carriers shall obtain a statement of authorization 
for each:
    (1) Fifth-, sixth- and/or seventh-freedom charter flights to or from 
the United States;
    (2) Long-term wet lease;
    (3) Charter flight for which the Department specifically requires 
prior authorization under paragraph (e) or (f) of this section; or
    (4) Part charter.
    (c) The Department may issue blanket statements of authorization to 
foreign air carriers to conduct fifth freedom charters. The standards 
for issuing such blanket authorizations shall be those stated in Sec. 
212.11. The Department may revoke any authority granted under this 
paragraph at any time without hearing.
    (d) The Department may at any time, with or without hearing, but 
with at least 30 days' notice, require a foreign air carrier to obtain a 
statement of authorization before operating any charter flight. In 
deciding whether to impose such a requirement, the Department will 
consider (but not be limited to considering) whether the country of the 
carrier's nationality:
    (1) Requires prior approval for third or fourth freedom charter 
flights by U.S. air carriers;
    (2) Has, over the objection of the U.S. Government, denied rights of 
a U.S. air carrier guaranteed by a bilateral agreement; or
    (3) Has otherwise impaired, limited, or denied the operating rights 
of U.S. air carriers, or engaged in unfair, discriminatory, or 
restrictive practices with respect to air transportation services to, 
from, through, or over its territory.
    (e) The Department, in the interest of national security, may 
require a foreign air carrier to provide prior notification or to obtain 
a statement of authorization before operating any charter flight over 
U.S. territory.

[Docket No. OST-97-2356, 63 FR 28236, May 22, 1998, as amended at 71 FR 
5785, Feb. 3, 2006]