title-14-part-375-sec375-35

366

14 CFR Ch. II (1–1–24 Edition)

§ 375.26

air operations (other than those au-
thorized by § 375.36) shall not be under-
taken without a permit issued by the
Department.

§ 375.26

Waiver of sovereign immunity.

Owners and operators of aircraft op-

erated under this part that are engaged
in proprietary of commercial activities
waive any defense of sovereign immu-
nity from suit in any action or pro-
ceeding instituted against any of them
in any court or other tribunal in the
United States for any claim relating to
that operation.

Subpart D—Authorized Operations

§ 375.30

Operations other than com-

mercial air operations.

Foreign civil aircraft that are not en-

gaged in commercial air operations
into, out of, or within the United
States may be operated in the United
States and may carry non-revenue traf-
fic to, from or between points in the
United States.

§ 375.31

Demonstration flights of for-

eign aircraft.

Flights of foreign civil aircraft with-

in the United States may be made for
the purpose of demonstration of the
aircraft or any component thereof (in-
cluding demonstrations at airshows),
provided no persons, cargo or mail are
carried for remuneration or hire.

§ 375.32

Flights incidental to agricul-

tural and industrial operations out-
side the United States.

Foreign civil aircraft that are en-

gaged in agricultural or industrial op-
erations to be performed wholly out-
side the United States may be navi-
gated into, out of, and within the
United States in connection with those
operations provided that the aircraft is
not at the time engaged in the carriage
of passengers, cargo, or mail for remu-
neration or hire.

§ 375.33

Transit flights, irregular oper-

ations.

Foreign civil aircraft carrying pas-

sengers, property or mail for remunera-
tion or hire, but not engaged in sched-
uled international air services, are au-
thorized to navigate nonstop across the

territory of the United States and to
make stops for non-traffic purposes.
The navigation of foreign civil aircraft
in the United States is not authorized
under this section when the elapsed
time between landing and takeoff at a
stop in the United States exceeds 24
hours and passengers are permitted to
leave the airport or when passengers,
property or mail are transferred to an-
other aircraft. Flights involving stops
under such circumstances may, how-
ever, be performed in the case of emer-
gency relating to the safety of the air-
craft, passengers, cargo or crew.

[OST Doc. No. 42547, 51 FR 7254, Mar. 3, 1986,
as amended by Doc. No. DOT-OST-2014-0140,
84 FR 15940, Apr. 16, 2019]

§ 375.34

Indoctrination training.

Foreign civil aircraft may be oper-

ated in the United States for the pur-
pose of giving indoctrination training
in the operation of the aircraft con-
cerned to a buyer or a buyer’s employ-
ees or designees. This section does not,
however, authorize foreign civil air-
craft to be used within the United
States for the purpose of flight instruc-
tion for remuneration or hire.

§ 375.35

Free transportation.

(a) Foreign civil aircraft may be

navigated in the United States by a
foreign air carrier for the transpor-
tation of persons and property specified
in paragraph (b) of this section over
the following non-traffic segments pro-
vided such transportation is not for
compensation or hire:

(1) Between two or more points in the

United States;

(2) Between a point in the United

States named in the carrier’s section
41301 permit or exemption, and a point
outside the United States not so
named, when authorized in accordance
with the provisions of part 216 of this
chapter to carry blind sector traffic to
or from such unnamed foreign point;
and

(3) Between a point in the United

States and a point outside thereof
when the carrier lands at the United
States point for non-traffic purposes in
exercise of the privilege granted under
the International Air Services Transit
Agreement.

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Office of the Secretary, DOT

§ 375.37

(b) Free transportation may be pro-

vided under this section for the fol-
lowing categories of persons and prop-
erty:

(1) Directors, officers and employees,

and their parents and immediate fami-
lies, of the foreign air carrier operating
the aircraft;

(2) Directors, officers and employees,

and their parents and immediate fami-
lies, of an air carrier or another foreign
air carrier traveling pursuant to a pass
interchange arrangement;

(3) Travel agents being transported

for the purpose of familiarizing them-
selves with the carrier’s services, if the
agents are under no obligation to sell
the transporting carrier’s services;

(4) Witnesses and attorneys attending

any legal investigation in which any
such foreign air carrier is involved;

(5) Persons injured in aircraft acci-

dents and physicians and nurses at-
tending such persons;

(6) Any persons or property with the

object of providing relief in cases of
general epidemic, natural disaster or
other catastrophe;

(7) Any person who has the duty of

guarding foreign government officials
travelling on official business; and

(8) Guests of a foreign air carrier (in-

cluding members of the press) on deliv-
ery flights of newly-acquired or newly-
renovated aircraft.

the value of meals and beverages fur-
nished enroute shall not be deemed to
constitute compensation or hire for
purposes of this section.

[OST Doc. No. 42547, 51 FR 7254, Mar. 3, 1986,
as amended by Doc. No. DOT-OST-2014-0140,
84 FR 15940, Apr. 16, 2019]

§ 375.36

Lease of foreign civil aircraft

without crew.

Foreign civil aircraft that are leased

without crew to an air carrier or cit-
izen or permanent resident of the
United States, and used by the lessee
in otherwise authorized air transpor-
tation or commercial air operations,
may be operated into, out of, and with-
in the United States in accordance
with any applicable regulations pre-
scribed by the Federal Aviation Admin-
istration.

§ 375.37

Certain business aviation ac-

tivities using U.S.-registered foreign
civil aircraft.

For purposes of this section, ‘‘com-

pany’’ is defined as a person that oper-
ates civil aircraft in furtherance of a
business other than air transportation.
U.S.-registered foreign civil aircraft
that are not otherwise engaged in com-
mercial air operations, or foreign air
transportation, and which are operated
by a company in the furtherance of a
business other than transportation by
air, when the carriage is within the
scope of, and incidental to, the busi-
ness of the company (other than trans-
portation by air), may be operated to,
from, and within the United States as
follows:

(a)

Intra-company operations. A com-

pany operating a U.S.-registered for-
eign civil aircraft may conduct oper-
ations for a subsidiary or parent or a
subsidiary of its parent on a fully-allo-
cated cost reimbursable basis; pro-
vided, that the operator of the U.S.-
registered foreign civil aircraft must
hold majority ownership in, be major-
ity owned by, or have a common parent
with, the company for which it pro-
vides operations;

(b)

Interchange operations. A company

may lease a U.S.-registered foreign
civil aircraft to another company in
exchange for equal time when needed
on the other company’s U.S. registered
aircraft, where no charge, assessment,
or fee is made, except that a charge
may be made not to exceed the dif-
ference between the cost of owning, op-
erating, and maintaining the two air-
craft;

(c)

Joint ownership operations. A com-

pany that jointly owns a U.S.-reg-
istered foreign civil aircraft and fur-
nishes the flight crew for that aircraft
may collect from the other joint own-
ers of that aircraft a share of the ac-
tual costs involved in the operation of
the aircraft; and

(d)

Time-sharing operations. A com-

pany may lease a U.S.-registered for-
eign civil aircraft, with crew, to an-
other company; provided, that the op-
erator may collect no charge for the
operation of the aircraft except reim-
bursement for:

(1) Fuel, oil, lubricants, and other ad-

ditives.