[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR119.53]

[Page 715-716]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 119_CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS--Table of 
 
 Subpart C_Certification, Operations Specifications, and Certain Other 
Requirements for Operations Conducted Under Part 121 or Part 135 of This 
                                 Chapter
 
Sec. 119.53  Wet leasing of aircraft and other arrangements for transportation 

by air.

    (a) Unless otherwise authorized by the Administrator, prior to 
conducting operations involving a wet lease, each certificate holder 
under this part authorized to conduct common carriage operations under 
this subchapter shall provide the Administrator with a copy of the wet 
lease to be executed which would lease the aircraft to any other person 
engaged in common carriage operations under this subchapter, including 
foreign air carriers, or to any other foreign person engaged in common 
carriage wholly outside the United States.
    (b) No certificate holder under this part may wet lease from a 
foreign air carrier or any other foreign person or any person not 
authorized to engage in common carriage.
    (c) Upon receiving a copy of a wet lease, the Administrator 
determines which party to the agreement has operational control of the 
aircraft and issues amendments to the operations specifications of each 
party to the agreement, as needed. The lessor must provide the following 
information to be incorporated into the operations specifications of 
both parties, as needed.
    (1) The names of the parties to the agreement and the duration 
thereof.
    (2) The nationality and registration markings of each aircraft 
involved in the agreement.
    (3) The kind of operation (e.g., domestic, flag, supplemental, 
commuter, or on-demand).
    (4) The airports or areas of operation.
    (5) A statement specifying the party deemed to have operational 
control and the times, airports, or areas under which such operational 
control is exercised.
    (d) In making the determination of paragraph (c) of this section, 
the Administrator will consider the following:
    (1) Crewmembers and training.
    (2) Airworthiness and performance of maintenance.
    (3) Dispatch.
    (4) Servicing the aircraft.
    (5) Scheduling.
    (6) Any other factor the Administrator considers relevant.
    (e) Other arrangements for transportation by air: Except as provided 
in paragraph (f) of this section, a certificate holder under this part 
operating under part 121 or 135 of this chapter may not conduct any 
operation for another certificate holder under this part or a foreign 
air carrier under part 129 of this chapter or a foreign person engaged 
in common carriage wholly outside the United States unless it holds 
applicable Department of Transportation economic authority, if required, 
and is authorized under its operations specifications to conduct the 
same kinds of operations (as defined in

[[Page 716]]

Sec. 119.3). The certificate holder conducting the substitute operation 
must conduct that operation in accordance with the same operations 
authority held by the certificate holder arranging for the substitute 
operation. These substitute operations must be conducted between 
airports for which the substitute certificate holder holds authority for 
scheduled operations or within areas of operations for which the 
substitute certificate holder has authority for supplemental or on-
demand operations.
    (f) A certificate holder under this part may, if authorized by the 
Department of Transportation under Sec. 380.3 of this title and the 
Administrator in the case of interstate commuter, interstate domestic, 
and flag operations, or the Administrator in the case of scheduled 
intrastate common carriage operations, conduct one or more flights for 
passengers who are stranded because of the cancellation of their 
scheduled flights. These flights must be conducted under the rules of 
part 121 or part 135 of this chapter applicable to supplemental or on-
demand operations.