1、38 14 CFR Ch. II (1111 Edition) Pt. 212, App. B cargo charter trips) originating in the United States and of Overseas Military Per-sonnel Charter trips, then this obligation shall be void, otherwise to remain in full force and effect. The liability of the Surety shall not be dis-charged by any payme
2、nt or succession of payments hereunder in any specified amount. The surety agrees to furnish written notice to the Department of Transportation forthwith of all suits filed, judgments ren-dered, and payments made by said Surety under this bond. This bond is effective the lll day of llllllll, llll, 1
3、2:01 a.m., standard time at the address of the Principal as stated herein and shall continue in force until ter-minated as hereinafter provided. The Prin-cipal or the Surety may at any time termi-nate this bond by written notice to the De-partment of Transportation at its office in Washington, D.C.,
4、 such termination to be-come effective thirty (30) days after actual receipt of said notice by the Department. The Surety shall not be liable hereunder for the payment of the damages hereinbefore de-scribed which arise as the result of any con-tracts for the performance of air transpor-tation servic
5、es made by the Principal after the termination of this bond becomes effec-tive, as herein provided, but such termi-nation shall not affect the liability of the Surety hereunder for the payment of any such damages arising as the result of con-tracts for the performance of air transpor-tation services
6、 made by the Principal after the termination of this bond becomes effec-tive. Liability of the Surety under this bond shall in all events be limited only to a charterer who shall within sixty (60) days after the cancellation of a charter trip with respect to which the charterers advance payments are
7、 secured by this bond give writ-ten notice of claim to the certificated or for-eign air carrier, or, if it is unavailable, to the Surety, and all liability on this bond for such charter trip shall automatically termi-nate sixty (60) days after the termination date thereof except for claims filed wit
8、hin the time provided herein. In witness whereof, the said Principal and Surety have executed this instrument on the lll day of llllllll, llll. Principal Name llllllllllllllllllllBy: Signature and title lllllllllllWitness lllllllllllllllllllSurety Name llllllllllllllllllllBy: Signature and title lll
9、llllllllWitness lllllllllllllllllllBonding or surety company must be listed in Bests Insurance Reports (Fire and Casualty) with a general policyholders rating of A or better or in the Department of the Treasury listing of companies holding certificates of authority as acceptable sureties on Federal
10、bonds. In addition, the bonding or surety company shall be one legally authorized to issue bonds of that type in the State(s) in which the charter flight(s) originate. Agents must provide satisfactory proof that they have the requisite authority to issue this bond. APPENDIX B TO PART 212 CERTIFICATI
11、ON OF COMPLIANCE Organization Charterworthiness for Affinity Charter Air Transportation and Eligibility of All Prospective Passengers for Such Flights Under Part 212 of the Regulations of the De-partment of Transportation (14 CFR Part 212) I declare under penalty of perjury under the laws of the Uni
12、ted States of America that the foregoing is true and correct. PART 213TERMS, CONDITIONS AND LIMITATIONS OF FOREIGN AIR CARRIER PERMITS Sec. 213.1 Applicability. 213.2 Reports of traffic data. 213.3 Filing and approval of schedules. 213.4 Reserved 213.5 Filing and service of schedules and ap-plicatio
13、ns for approval of schedules; pro-cedure thereon. 213.6 Compliance. 213.7 Filing requirements for adherence to Montreal Agreement. AUTHORITY: 49 U.S.C. Chapters 401, 411, 413, 415, 417. SOURCE: ER624, 35 FR 8881, June 9, 1970, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 213
14、appear at 61 FR 34725, July 3, 1996. 213.1 Applicability. This regulation sets forth terms, con-ditions, and limitations applicable to foreign air carrier permits issued under section 41302 of Title 49 of the United States Code (Transportation) author-izing scheduled foreign air transpor-tation. Unl
15、ess such permits or the or-ders issuing such permits otherwise provide, the exercises of the privileges to engage in scheduled foreign air transportation granted by any such permit shall be subject to the terms, conditions, and limitations as are set forth in this part, and as may from VerDate Mar20
16、10 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00048 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-39 Office of the Secretary, DOT 213.3 time to time be prescribed by
17、the De-partment. ER680, 36 FR 7306, Apr. 17, 1971, as amended at 61 FR 34725, July 3, 1996 213.2 Reports of traffic data. The Department may at any time re-quire any foreign air carrier to file with the Department traffic data dis-closing the nature and extent of such carriers engagement in transpor
18、tation between points in the United States and points outside thereof. The Depart-ment will specify the traffic data re-quired in each such instance. Inter-ested persons seeking reconsideration of a Department determination under this section may file a petition pursu-ant to Rule 14 of part 302 with
19、in 10 days after Department action. ER624, 35 FR 8881, June 9, 1970, as amended at 65 FR 6456, Feb. 9, 2000 213.3 Filing and approval of sched-ules. (a) In the absence of provisions to the contrary in the permit and of Depart-ment action pursuant to this section, a foreign air carrier may determine
20、the schedules (including type of equipment used) pursuant to which it engages in transportation between points in the United States and points outside there-of. (b) In the case of a foreign air carrier permit for scheduled air transportation which is not the subject of an air trans-port agreement be
21、tween the United States and the government of the hold-er, the Department, if it finds that the public interest so requires, may with or without hearing order the foreign air carrier to file with it within 7 days after service of such order, an original and three copies of any or all of its ex-istin
22、g schedules of service between any point in the United States and any point outside thereof, and may require such carrier thereafter to file an origi-nal and three copies of any proposed schedules of service between such points at least 30 days prior to the date of inauguration of such service. Such
23、 schedules shall contain all schedules of aircraft which are or will be operated by such carrier between each pair of points set forth in the order, the type of equipment used or to be used, the time of arrival and departure at each point, the frequency of each schedule, and the effective date of an
24、y proposed schedule. (c) In the case of any foreign air car-rier permit for scheduled air transpor-tation which is the subject of an air transport agreement between the United States and the government of the holder, the Department may with or without hearing issue an order, similar to that provided
25、 for in para-graph (b) of this section, if it makes the findings provided for in that sub-section and, in addition, finds that the government or aeronautical authori-ties of the government of the holder, over the objections of the U.S. Govern-ment, have: (1) Taken action which im-pairs, limits, term
26、inates, or denies op-erating rights, or (2) otherwise denied or failed to prevent the denial of, in whole or in part, the fair and equal op-portunity to exercise the operating rights, provided for in such air trans-port agreement, of any U.S. air carrier designated thereunder with respect to flight
27、operations to, from, through, or over the territory of such foreign gov-ernment. (d) The carrier may continue to oper-ate existing schedules, and may inau-gurate operations under proposed schedules 30 days after the filing of such schedules with the Department, unless the Department with or without
28、hearing issues an order, subject to stay or disapproval by the President of the United States within 10 days after adoption, notifying the carrier that such operations, or any part of them, may be contrary to applicable law or may adversely affect the public inter-est. If the notification pertains t
29、o a proposed schedule, service under such schedule shall not be inaugurated; if the notification pertains to existing schedules, service under such schedules shall be discontinued on the date speci-fied in the Departments order. Such date shall be not less than ten days after adoption of the Departm
30、ents order unless affirmative Presidential approval is obtained at an earlier date. (e) No petitions for reconsideration may be filed with respect to Depart-ment orders issued pursuant to para-graph (b), (c), or (d) of this section. Nevertheless, if the Department serves VerDate Mar2010 13:23 Feb 23
31、, 2011 Jkt 223046 PO 00000 Frm 00049 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-40 14 CFR Ch. II (1111 Edition) 213.4 a notification under paragraph (d) of this se
32、ction, the carrier may make ap-plication to the Department for ap-proval of any or all existing or pro-posed schedules, pursuant to the provi-sions of 213.5. The Department may with or without hearing withdraw, in whole or in part, its notification at any time and may permit existing or pro-posed sc
33、hedules to be operated for such period or periods as the Department may determine. (f) The date of service on a foreign air carrier of orders and notifications pur-suant to this section shall be the date of mailing thereof, by certified or reg-istered mail, to the agent designated by the foreign air
34、 carrier pursuant to 49 U.S.C. 46103 or, if the foreign air car-rier has failed to designate an agent, the date of mailing by registered air mail to the foreign air carriers home office. ER624, 35 FR 8881, June 9, 1970, as amended by ER870, 39 FR 30843, Aug. 26, 1974; ER1107, 47 FR 46495, Oct. 19, 1
35、982; 61 FR 34725, July 3, 1996 213.4 Reserved 213.5 Filing and service of schedules and applications for approval of schedules; procedure thereon. (a) Number of copies and certificate of service. An original and three copies of each schedule, and an original and seven (7) copies of application for a
36、p-proval of schedules (213.3(e) shall be filed with the Department, each setting forth the names and addresses of the persons, if any, required to be served, and stating that service has been made on all such persons by personal service or by registered or certified mail (if the addressee is located
37、 within the United States, its territories and possessions) or by registered air mail (if the ad-dressee is located outside the United States, its territories and possessions) and the date of such service. In the case of service by mail, the date of mailing shall be considered the date of service. (
38、b) Pleadings by interested persons. Any interested person may file and serve upon the foreign air carrier a memorandum in opposition to, or in support of, schedules or an application for approval of schedules within 10 days of the filing opposed or supported. All memoranda shall set forth in detail
39、the reasons for the position taken together with a statement of economic data and other matters which it is desired that the Department officially notice, and affidavits stating other facts relied upon. Memoranda shall contain a cer-tificate of service as prescribed in para-graph (a) of this section
40、. An executed original and seven (7) true copies shall be filed with the Departments Docket Facility. Unless otherwise provided by the Department, further pleadings will not be entertained. (c) Determination and petitions for re-consideration. The Department may make its determination upon the appli
41、-cation and other pleadings or, in its discretion, after hearing. Interested persons seeking reconsideration of the Departments determination on an ap-plication approval of schedules may file a petition pursuant to Rule 14 of part 302 of this chapter within 10 days of Department action. Any interest
42、ed person may file an answer in opposi-tion to, or in support of, the petition within 10 days after it is filed. An exe-cuted original and 19 copies of such pe-tition for reconsideration or memo-randum shall be filed with the Docket Facility. All petitions for reconsider-ation shall contain a certif
43、icate of service in the form prescribed by para-graph (a) of this section. Unless or-dered by the Department upon applica-tion or upon its own motion, further pleadings will not be entertained. ER624, 35 FR 8881, June 9, 1970, as amended by ER644, 35 FR 14382, Sept. 12, 1970; 61 FR 34725, July 3, 19
44、96; 65 FR 6456, Feb. 9, 2000 213.6 Compliance. Any violation by the foreign air car-rier of applicable provisions of Subtitle VII of Title 49 of the U.S. Code or of or-ders, rules or regulations issued there-under, or of the terms, conditions or limitations applicable to the exercise of the privileg
45、es granted by the permit shall constitute a failure to comply with the terms, conditions and limita-tions of such permit: Provided, That upon a showing that a violation of a provision not mandatorily prescribed by law resulted from the observance by the holder of an obligation, duty or li-ability im
46、posed by a foreign country, VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00050 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-41 Office of the Secretary,
47、 DOT 215.3 the Department may excuse the viola-tion. ER624, 35 FR 8881, June 9, 1970, as amended at 61 FR 34725, July 3, 1996 213.7 Filing requirements for adher-ence to Montreal Agreement. It shall be a condition upon the hold-ing of a foreign air carrier permit or other authority authorizing direc
48、t for-eign scheduled air transportation that the holder have and maintain in effect and on file with the Department a signed counterpart of Agreement 18900 (OST Form 4523), and a tariff (for those carriers otherwise generally required to file tariffs) that includes its provi-sions, and comply with a
49、ll other re-quirements of part 203 of this chapter. That form can be obtained from the Foreign Air Carrier Licensing Division (X-45), Office of International Aviation, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. (Approved by the Office of Management and Budget under control number 30240064) ER1330, 48 FR 8050, Feb. 25, 1983, as amend-ed by ER1346, 48 FR 31014, July 6, 1983; 61 FR 34725, July 3, 199
