[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: 14CFR218.7]

[Page 57]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 218_LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF AIRCRAFT WITH 
 
Sec. 218.7  Presumption.

    Whether under a particular lease agreement the lessor of the 
aircraft is engaged in foreign air transportation is a question of fact 
to be determined in the light of all the facts and circumstances. 
However, in circumstances where the lessor furnishes both the aircraft 
and the crew, there is a presumption that true operational control and 
safety responsibility are exercised by the lessor, and that the 
agreement constitutes a charter arrangement under which the lessor is 
engaged in foreign air transportation. The burden shall rest upon the 
applicants for disclaimer of jurisdiction in each instance to 
demonstrate by an appropriate factual showing that the operation 
contemplated will not constitute foreign air transportation by the 
lessor.