14 CFR 216.4 - Special authorizations.

§ 216.4 Special authorizations.

(a)Applications. Any foreign air carrier may apply to the Board for a Special Authorization, as required by this part, for the carriage of blind sector traffic on a particular flight, series of flights, or for a specified or indefinite period of time between specified points. Applications shall be submitted directly to the Board, addressed to the attention of the Director, Bureau of International Aviation. One original and two copies in conformity with the requirements of §§ 302.3(b) and 302.4 (a) and (b) of this chapter shall be filed. The applications shall contain a proper identification of the applicant; the flight or flights upon which it is proposed to carry such blind sector traffic, including routing, nontraffic stops, and dates or duration of the authority sought; a full description of such traffic, and points between which such traffic will be carried; information or documentation as to whether the country of which the applicant is a national grants reciprocal privileges to U.S. carriers; and the reasons for requesting such authorization together with such additional information as will establish that the grant of such authority will otherwise be in the public interest. Such additional information as may be specifically requested by the Board shall also be furnished.

(b)Service. Applications shall be served upon each direct U.S. air carrier certificated to engage in individually ticketed or waybilled foreign air transportation over any portion of the route to which the application pertains, and on such other persons as the Board may require, and proof of such service shall accompany the application as provided in § 302.7 of this chapter. Notice of such applications shall also be published in the Board's Weekly List of Applications Filed.

(c)Memoranda in support or opposition. Any interested person may file a memorandum in support of or in opposition to the grant of an application. Such memorandum shall set forth in detail the reasons why it is believed that the application should be granted or denied and shall be accompanied by such data, including affidavits, which it is desired that the Board consider. Copies of the memorandum shall be served upon the applicant. Nothing in this subparagraph shall be deemed to preclude the Board from granting or denying an application when the circumstances so warrant without awaiting the filing of memoranda in support of or in opposition to the application.

(d)Time for filing.

(1) Applications seeking authority to engage in blind sector operations for a period of 3 months or longer, shall be submitted at least 60 days in advance of the proposed commencement of such operations. Memoranda in response to such an application shall be submitted within 15 days after the date of filing thereof.

(2) Applications seeking authority to engage in blind sector operations for a period less than three months shall be filed at least 20 days in advance of the proposed commencement of such operations, and memoranda in response thereto within 7 days after the date of filing thereof: Provided, That the Board may consider late filed applications upon a showing of good cause for failure to adhere to this requirement.

(e)General procedural requirements. Except as otherwise provided herein, the provisions of part 302, subpart A, of this chapter shall apply to the extent applicable.

(f)Issuance of Special Authorization. A Special Authorization authorizing the carriage of blind sector traffic will be issued only if the Board finds that the proposed carriage is fully consistent with applicable law and this part, and that grant of such authority would be in the public interest. The application may be granted or denied in whole or in part without hearing, and a Special Authorization made subject to any conditions or limitations, to the extent that such action is deemed by the Board to be in the public interest. Special Authorizations are not transferable.

(g)Nature of the privilege conferred. A Special Authorization issued pursuant to this section shall constitute a privilege conferred upon a carrier, which may be enjoyed only to the extent that its continued exercise remains in the interest of the public. Accordingly, any Special Authorization issued pursuant to this section may be revoked, suspended, amended or restricted without hearing.

(Sec. 204(a) of the Federal Aviation Act of 1958, as amended, 72 Stat. 743 ( 49 U.S.C. 1324); Reorganization Plan No. 3 of 1961, 75 Stat. 837, 26FR5989 ( 49 U.S.C. 1324 (note)))
[ER-525, 33 FR 692, Jan. 19, 1968, as amended by ER-910, 40 FR 23844, June 3, 1975; ER-1060, 43 FR 34117, Aug. 3, 1978; 65 FR 6456, Feb. 9, 2000]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 49 - TRANSPORTATION

§ 40101 - Policy

§ 40102 - Definitions

§ 40103 - Sovereignty and use of airspace

§ 40104 - Promotion of civil aeronautics and safety of air commerce

§ 40105 - International negotiations, agreements, and obligations

§ 40106 - Emergency powers

§ 40107 - Presidential transfers

§ 40108 - Training schools

§ 40109 - Authority to exempt

§ 40110 - General procurement authority

§ 40111 - Multiyear procurement contracts for services and related items

§ 40112 - Multiyear procurement contracts for property

§ 40113 - Administrative

§ 40114 - Reports and records

§ 40115 - Withholding information

§ 40116 - State taxation

§ 40117 - Passenger facility charges

§ 40118 - Government-financed air transportation

§ 40119 - Security and research and development activities

§ 40120 - Relationship to other laws

§ 40121 - Air traffic control modernization reviews

§ 40122 - Federal Aviation Administration personnel management system

§ 40123 - Protection of voluntarily submitted information

§ 40124 - Interstate agreements for airport facilities

§ 40125 - Qualifications for public aircraft status

§ 40126 - Severable services contracts for periods crossing fiscal years

§ 40127 - Prohibitions on discrimination

§ 40128 - Overflights of national parks

§ 40129 - Collaborative decisionmaking pilot program

§ 41301 - Requirement for a permit

§ 41302 - Permits of foreign air carriers

§ 41303 - Transfers of permits

§ 41304 - Effective periods and amendments, modifications, suspensions, and revocations of permits

§ 41305 - Applications for permits

§ 41306 - Simplified procedure to apply for, amend, modify, and suspend permits

§ 41307 - Presidential review of actions about foreign air transportation

§ 41308 - Exemption from the antitrust laws

§ 41309 - Cooperative agreements and requests

§ 41310 - Discriminatory practices

§ 41311 - Gambling restrictions

§ 41312 - Ending or suspending foreign air transportation

§ 41313 - Plans to address needs of families of passengers involved in foreign air carrier accidents

§ 41701 - Classification of air carriers

§ 41702 - Interstate air transportation

§ 41703 - Navigation of foreign civil aircraft

§ 41704 - Transporting property not to be transported in aircraft cabins

§ 41705 - Discrimination against handicapped individuals

§ 41706 - Prohibitions against smoking on passenger flights

§ 41707 - Incorporating contract terms into written instrument

§ 41708 - Reports

§ 41709 - Records of air carriers

§ 41710 - Time requirements

§ 41711 - Air carrier management inquiry and cooperation with other authorities

§ 41712 - Unfair and deceptive practices and unfair methods of competition

§ 41713 - Preemption of authority over prices, routes, and service

§ 41714 - Availability of slots

§ 41715 - Phase-out of slot rules at certain airports

§ 41716 - Interim slot rules at New York airports

§ 41717 - Interim application of slot rules at Chicago O’Hare International Airport

§ 41718 - Special rules for Ronald Reagan Washington National Airport

§ 41719 - Air service termination notice

§ 41720 - Joint venture agreements

§ 41721 - Reports by carriers on incidents involving animals during air transport

§ 41722 - Delay reduction actions

§ 41723 - Notice concerning aircraft assembly

Title 14 published on 09-May-2018 03:57

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 14 CFR Part 216 after this date.

  • 2018-05-09; vol. 83 # 90 - Wednesday, May 9, 2018
    1. 83 FR 21684 - Aviation Economic Regulation Amendments
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Notice of Proposed Rulemaking (NPRM).
      Comments must be received on or before July 9, 2018. Comments received after this date will be considered to the extent practicable.
      14 CFR Chapter II