cfr_sections
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42 rows where part_number = 294 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 14:14:4.0.1.1.44.1.8.1 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | A | Subpart A—General | § 294.1 Applicability and purpose. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended at 60 FR 43526, Aug. 22, 1995] | This part establishes a classification of foreign air carriers known as “Canadian charter air taxi operators,” and establishes registration procedures for these carriers operating or seeking to operate transborder services between Canada and the United States. This part also exempts Canadian charter air taxi operators from certain provisions of the Subtitle VII of Title 49 of the United States Code (Transportation), and establishes rules applicable to their operations in the United States. This part does not provide exemption from the safety regulatory provisions of 49 U.S.C. Subtitle VII that are administered by the U.S. Department of Transportation through the Federal Aviation Administration (FAA), and Canadian charter air taxi operators in the conduct of their operations must observe all applicable safety standards and requirements. | |||
| 14:14:4.0.1.1.44.1.8.2 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | A | Subpart A—General | § 294.2 Definitions. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by Doc. No. 47939, 57 FR 40102, Sept. 2, 1992; 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug. 23, 2006] | As used in this part: (a) Agreement means the Air Transport Agreement Between the Government of the United States and the Government of Canada , signed at Ottawa, February 24, 1995, with Annexes and any amendments, supplements, reservations, or supersessions to it. (b) Canadian charter air taxi operator means a foreign air carrier that is substantially owned and effectively controlled by Canadian citizens, the Government of Canada, or both, whose foreign air transportation operations are limited to charter air service between points in Canada and points in the United States, and that does not use large aircraft in those operations. (c) Charter air service means nonscheduled commercial air transportation of persons and their accompanied baggage, and of property, on a time, mileage, or trip basis where the entire planeload capacity of one or more aircraft has been engaged, or the transportation of mail by aircraft. (d) Large aircraft means any aircraft that are not small aircraft as defined in this section. (e) Maximum authorized takeoff weight has the meaning assigned to it in regulations of the Canadian Transport Commission. (f) Maximum certificated takeoff weight means the maximum takeoff weight authorized by the terms of the aircraft airworthiness certificate. This weight may be found in the airplane operating record or in the airplane flight manual that is incorporated by regulation into the airworthiness certificate. (g) Maximum passenger capacity means the maximum number of passenger seats for which an aircraft is configured. (h) Maximum payload capacity means the maximum certificated takeoff weight of an aircraft less the empty weight as defined in section 03 of part 241 of this chapter, less all justifiable aircraft equipment, and less the operating load (consisting of minimum fuel load, oil, flight crew, steward's supplies, etc.). For purposes of this part, the allowance for weight of the crew, oil and fuel is as follows: (1) Crew—200 pounds per crew member required under FAA r… | |||
| 14:14:4.0.1.1.44.1.8.3 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | A | Subpart A—General | § 294.3 General requirements for Canadian charter air taxi operators. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by ER-1332, 48 FR 8051, Feb. 25, 1983; ER-1342, 48 FR 31015, July 6, 1983; Doc. No. 47939, 57 FR 40102, Sept. 2, 1992; 71 FR 49347, Aug. 23, 2006] | A Canadian charter air taxi operator shall conduct charter air service between the United States and Canada only if it: (a) Has been registered by the Department under this part; (b) Does not directly or indirectly utilize large aircraft in charter air services; (c) Has and maintains in effect liability insurance coverage that complies with the requirements set forth in subpart E of this part and has and maintains a current certificate of insurance evidencing such coverage on file with the Department; (d) Has and maintains in effect and on file with the Department a signed counterpart of Agreement 18900 (OST Form 4523) and complies with all other requirements of part 203 of this chapter; (e) Has effective authority from the Government of Canada to conduct charter air service between the United States and Canada. (f) Has been granted Federal Aviation Administration operations specifications required under part 129 of this title (the Federal Aviation Regulations); (g) Is substantially owned and effectively controlled by Canadian citizens, or the Government of Canada, or a combination of both; and (h) Complies with the terms, conditions, and limitations of this part. | |||
| 14:14:4.0.1.1.44.2.8.1 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | B | Subpart B—Exemption | § 294.10 Exemption authority. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended at 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug. 23, 2006; DOT-OST-2014-0140, 84 FR 15934, Apr. 16, 2019] | Canadian charter air taxi operators registered under this part are exempt from the following provisions of 49 U.S.C. Subtitle VII to the extent necessary to perform charter air service between the United States and Canada, and as long as they comply with the terms, conditions, and limitations of this part: (a) Section 41302 (permits). (b) Section 41501 (carrier's duty to observe reasonable rates). (c) Section 41310 (discrimination). (d) Section 41313 (aviation disaster family assistance plans for foreign air carriers). | |||
| 14:14:4.0.1.1.44.3.8.1 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | C | Subpart C—Registration for Exemption | § 294.20 Applying for registration. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981; 46 FR 62054, Dec. 22, 1981, as amended by ER-1363, 48 FR 46265, Oct. 12, 1983; Doc. No. 47939, 57 FR 40102, Sept. 2, 1992; 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug. 23, 2006] | To apply for registration under this part, a Canadian charter air taxi operator shall file with the Department's Office of International Aviation, U.S. Air Carrier Licensing/Special Authorities Division, the following: (a) A currently effective certificate of insurance (see § 294.40); and (b) Three copies of OST Forms 4523 and 4505, which may be obtained from the Department's Office of International Aviation, U.S. Air Carrier Licensing/Special Authorities Division. All the information required by OST Form 4505 shall be filled in, and it shall be certified by a responsible officer of the applicant Canadian charter air taxi operator. | |||
| 14:14:4.0.1.1.44.3.8.2 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | C | Subpart C—Registration for Exemption | § 294.21 Procedure on receipt of registration form. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by Doc. No. 47939, 57 FR 40102, Sept. 2, 1992; 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug. 23, 2006] | (a) The Department will list the names and addresses of all persons applying for registration under this part in its Weekly Summary of Filings. (b) Any person objecting to the registration of a Canadian charter air taxi operator shall file an objection with the Office of International Aviation, U.S. Air Carrier Licensing/Special Authorities Division, and serve a copy on the applicant within 28 days after the Department receives the properly completed registration application. Objections shall include any facts and arguments upon which they are based. (c) Any answers to objections shall be filed within 14 days after the date that the objections were due. (d) After receipt of OST Form 4505, the Department may request additional information. (e) After the period for objections and answers has expired, the Department will take one of the following actions: (1) Issue the registration by stamping its effective date on OST Form 4505 and sending a copy of it to the carrier. (2) Reject the application for failure to comply with this part; (3) Issue the registration subject to such terms, conditions, or limitations as may be consistent with the public interest; or (4) Institute evidentiary proceedings to consider whether the registration should be issued. (f) An action described in paragraph (e) of this section will normally be taken within 60 days after the registration application is received. The Department will consider requests for faster action that include a full explanation of the need for expedited action. (g) A registration shall not be issued until the Department receives evidence that the applicant has effective authority issued by the Government of Canada. The applicant must provide copies of its Air Carrier Operating certificate and non-scheduled international license issued by the Government of Canada. (h) Rejection of an application for registration will not preclude the filing of a new application by the same carrier. | |||
| 14:14:4.0.1.1.44.3.8.3 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | C | Subpart C—Registration for Exemption | § 294.22 Notification to the Department of change in operations or identifying information. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by ER-1363, 48 FR 46265, Oct. 12, 1983; Doc. No. 47939, 57 FR 40102, Sept. 2, 1992; 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug. 23, 2006] | Registrants shall refile a copy of OST Form 4505 with the Department's Office of International Aviation, U.S. Air Carrier Licensing/Special Authorities Division, upon any of the following events. The refiling shall be sent by electronic mail, or other means, so as to be received by the Department not later than 30 days after the reported event has occurred. (a) The carrier changes its name. When a carrier refiles OST Form 4505 to indicate a change of name: (1) A registration ceases to be in effect unless the Government of Canada amends the registrant's Air Carrier Operating Certificate to reflect the registrant's new name within 60 days of the name change and the registrant submits to the Department a copy of its amended Canadian authority. (2) The registrant must also refile three copies of Agreement 18900 (OST Form 4523) under its new name; (3) The registrant must also refile its certificate of insurance under its new name; and (4) The registrant must also advise the appropriate FAA office referred to in § 294.33 of the carrier's new name. (b) The carrier changes its designated agent. (c) A change occurs in the carrier's ownership and control resulting in a person acquiring a beneficial or voting interest in the registrant of 10 percent or more. The name(s), address(es), citizenship(s), and percentages of ownership of the new owners shall be indicated on the form. Acquisition of ownership interest by persons who are not citizens of the country of citizenship of the registrant may invalidate the registration. (d) The carrier temporarily or permanently ceases operations. | |||
| 14:14:4.0.1.1.44.4.8.1 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | D | Subpart D—General Rules for Registrants | § 294.30 Scope of service and equipment authorized. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by Doc. No. 47939, 57 FR 40102, Sept. 2, 1992; 60 FR 43526, Aug. 22, 1995; DOT-OST-2014-0140, 84 FR 15934, Apr. 16, 2019] | (a) Upon fulfillment of the requirements of § 294.3 of this part, the registrant will have Department authority to engage in charter air services between any point or points in Canada and any point or points in the United States using small aircraft. (b) Nothing in this part shall be construed as authorizing the operation of large aircraft in charter air service, and the exemption provided by this part to Canadian charter air taxi operators that register with the Department extends only to the direct operations of charter air service in accordance with the limitations and conditions of this part using aircraft designed to have: (1) A maximum passenger capacity of no more than 30 seats and a maximum payload capacity of no more than 7,500 pounds, and/or (2) A maximum authorized takeoff weight on wheels not greater than 35,000 pounds. (c) A Canadian charter air taxi operator shall not use large aircraft for charter air service until it has been granted a permit by the Department under section 41302 of 49 U.S.C. Subtitle VII or granted an exemption under 49 U.S.C. 40109 of 49 U.S.C. Subtitle VII. Its application for such a permit or exemption should refer to the registration under this part. Registration under this part will be canceled when a section 41302 permit has been granted by the Department for the use of large aircraft in foreign charter air service. | |||
| 14:14:4.0.1.1.44.4.8.2 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | D | Subpart D—General Rules for Registrants | § 294.31 Use of business name. | FAA | (a) A Canadian charter air taxi operator, in holding out charter air service to the public and performing its charter operations, shall do so only in the names in which its registration is issued under this part. The Department may require a Canadian charter air taxi operator to change such names where they appear to be inconsistent with the public interest. (b) [Reserved] | ||||
| 14:14:4.0.1.1.44.4.8.3 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | D | Subpart D—General Rules for Registrants | § 294.32 Security arrangements for operating Public Charters. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by Doc. No. 2006-25691, 71 FR 49347, Aug. 23, 2006] | When a Canadian charter air taxi operator performs a Public Charter under part 380 of this chapter, either: (a) The Canadian charter air taxi operator shall meet the bonding or escrow requirements applicable to foreign air carriers as set forth in § 212.8 of this chapter. (b) The Canadian charter air taxi operator shall ensure that it does not receive any payments for the charter until after the charter has been completed. In this case, its contracts with the charter operator and the charter operator's depository bank, if any, shall state that the charter operator or bank, as applicable, shall retain control of and responsibility for all participant funds intended for payment for charter air service until after the charter has been completed, notwithstanding any provision of part 380. | |||
| 14:14:4.0.1.1.44.4.8.4 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | D | Subpart D—General Rules for Registrants | § 294.33 Compliance with the regulations of the Federal Aviation Administration. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by Doc. No. 47939, 57 FR 40102, Sept. 2, 1992] | (a) Registrants under this part shall obtain FAA operations specifications required under part 129 or other applicable rules of this title (the Federal Aviation Regulations) prior to beginning operations into the United States. Registrants should write to the FAA office at one of the following addresses to obtain instructions on how to apply for FAA authority. (b) If the registrant's business address is located on or east of 76 degrees West Longitude (in or east of Ottawa, Ontario) it should write to: Federal Aviation Administration, General Aviation District Office No. 1, Albany County Airport, Albany, New York 12211. (c) If the registrant's business address is located on or east of 100 degrees West Longitude (in or east of Winnipeg, Manitoba) and west of 76 degrees West Longitude (west of, but not including, Ottawa, Ontario) it should write to: Federal Aviation Administration, Flight Standards District Office, 1 Airport Way, Rochester, New York 14624. (d) If the registrant's business address is west of Winnipeg, Manitoba, it should write to: Federal Aviation Administration, General Aviation District Office, 1601 Lind Avenue, SW., Renton, Washington 98055. | |||
| 14:14:4.0.1.1.44.4.8.5 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | D | Subpart D—General Rules for Registrants | § 294.34 Advance approval by the Department. | FAA | The Department, by order or regulation and without hearing, may require advance approval of individual charter trips conducted by the registrant under the authority granted by this part, if it finds such action to be consistent with the public interest. | ||||
| 14:14:4.0.1.1.44.5.8.1 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | E | Subpart E—Insurance Requirements | § 294.40 Aircraft accident liability insurance requirements. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by ER-1342, 48 FR 31015, July 6, 1983; Doc. No. 47939, 57 FR 40102, Sept. 2, 1992; 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug. 23, 2006] | No Canadian charter air taxi operator shall engage in charter air service unless such carrier has and maintains in effect aircraft accident liability coverage that meets the requirements of part 205 of this chapter. Evidence of such insurance coverage, in the form of a certificate of insurance, as required in part 205 of this chapter, shall be maintained on file with the Department's Office of International Aviation, U.S. Air Carrier Licensing/Special Authorities Division, at all times. | |||
| 14:14:4.0.1.1.44.6.8.1 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | F | Subpart F—Cancellation of Registration and Presidential Review | § 294.50 Cancellation, revocation, or suspension of registration. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended at 60 FR 43526, Aug. 22, 1995; 71 FR 49347, Aug. 23, 2006] | The registration of a carrier subject to this part may be revoked, canceled, suspended, modified, or otherwise subjected to additional terms and conditions by the Department if: (a) The carrier files with the Department a written notice that it is discontinuing operations; (b) The carrier is the holder of a section 41302 permit to perform large aircraft charters under the Agreement; (c) Substantial ownership or effective control is acquired by persons who are not (1) citizens of Canada, (2) the Government of Canada, or (3) a combination of both; (d) The Government of Canada terminates or suspends authority it granted to the registrant to conduct charter air service between the United States and Canada. (e) The Agreement between the two countries is terminated; (f) The registrant fails to have proper insurance coverage, or fails to file or keep a current insurance certificate on file with the Department; (g) The registrant fails to comply with the terms, conditions, or limitations of this part; (h) The carrier's operations specifications issued by the FAA are suspended or terminated; (i) The Department finds that it is in the public interest to do so. | |||
| 14:14:4.0.1.1.44.6.8.2 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | F | Subpart F—Cancellation of Registration and Presidential Review | § 294.51 Presidential review. | FAA | A Department order under § 294.50 (e), (g) or (i) shall be subject to stay or disapproval by the President within 60 days. | ||||
| 14:14:4.0.1.1.44.7.8.1 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | G | Subpart G—Authorizations and Waivers | § 294.60 Applications for authorization to conduct individual operations or programs not otherwise permitted by this part. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by Doc. No. 47939, 57 FR 40103, Sept. 2, 1992; 71 FR 49347, Aug. 23, 2006] | (a) Where the terms, conditions, or limitations of this part, particularly § 294.81, require prior approval of individual flights or charter programs, the registrant shall apply for such approval by filing three copies of OST Form 4540 with the Office of International Aviation, Foreign Air Carrier Licensing Division. OST Form 4540 may be obtained from the Foreign Air Carrier Licensing Division. (b) Action on the application for authorization filed under paragraph (a) of this section will normally be taken within 30 days after the application is filed. The Department will consider requests for faster action that include a full explanation of the need for expedited action. | |||
| 14:14:4.0.1.1.44.7.8.2 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | G | Subpart G—Authorizations and Waivers | § 294.61 Waivers. | FAA | The Department upon application or on its own initiative may waive any of the provisions of this part if it finds such action to be in the public interest. | ||||
| 14:14:4.0.1.1.44.8.8.1 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | H | Subpart H—Violations | § 294.70 Enforcement. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended at 60 FR 43527, Aug. 22, 1995] | In case of any violation of any of the provisions of 49 U.S.C. Subtitle VII , or this part, or any other rule, regulation, or order issued under the Statute, the violator may be subject to a proceeding under section 46101 of 49 U.S.C. Subtitle VII before the Department, or sections 46106 through 46108 of 49 U.S.C. Subtitle VII before a U.S. District Court, as the case may be, to compel compliance; or to impose civil penalties under the provisions of section 46301 of 49 U.S.C. Subtitle VII; or in the case of a willful violation, to impose criminal penalties under the provisions of section 46316 of 49 U.S.C. Subtitle VII; or to impose other lawful sanctions, including revocation of registration. | |||
| 14:14:4.0.1.1.44.9.8.1 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | I | Subpart I—Terms, Conditions, and Limitations of This Part | § 294.80 Waiver of sovereign immunity. | FAA | By accepting an approved registration under this part, a registrant waives any right it may possess to assert any defense of sovereign immunity in any action or proceeding instituted against it in any court or other tribunal in the United States based upon any claim arising out of its operations under this part. | ||||
| 14:14:4.0.1.1.44.9.8.2 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | I | Subpart I—Terms, Conditions, and Limitations of This Part | § 294.81 Local traffic prohibited. | FAA | [ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by Doc. No. 2006-25691, 71 FR 49347, Aug. 23, 2006] | (a) Except as set forth in paragraph (b) of this section or § 294.60, a registrant shall not carry passengers, cargo, or mail between two or more United States points for compensation or hire. (b) A registrant may grant stopover privileges at any point or points in the United States to passengers and their accompanied baggage as part of a single continuous operation to or from Canada. | |||
| 14:14:4.0.1.1.44.9.8.3 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | I | Subpart I—Terms, Conditions, and Limitations of This Part | § 294.83 Compliance with certain international agreements. | FAA | A registrant shall not operate any aircraft under this part unless it: (a) Complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention; (b) Complies with all applicable provisions of the Agreement; and (c) Complies with all applicable provisions of any treaty, convention, or agreement affecting international air transportation to which the United States and Canada are parties. | ||||
| 14:14:4.0.1.1.44.9.8.4 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | I | Subpart I—Terms, Conditions, and Limitations of This Part | § 294.84 Air competency requirements. | FAA | Registrants shall conform to the airworthiness and airman competency requirements prescribed by the Government of Canada for Canadian international air service. | ||||
| 14:14:4.0.1.1.44.9.8.5 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | I | Subpart I—Terms, Conditions, and Limitations of This Part | § 294.85 Charterworthiness standards. | FAA | (a) Registrants may perform U.S.-originating charters authorized under Annex B (III)(A) of the Agreement as follows: Commercial air transportation of passengers and their accompanied baggage, and of property, on a time, mileage, or trip basis, where the entire planeload capacity of one or more aircraft has been engaged by a person for his own use or by a person for the transportation of a group of persons and/or their property, as agent or representative of such group, or other small aircraft operations as may be authorized under any amendments, supplements, reservations, or supersessions of the Agreement. (b) Registrants may perform Canadian-originating charters authorized by Annex B (III)(B) of the Agreement and any amendments, supplements, reservations or supersessions of it. Such charters may be performed only to the extent authorized by the Air Carrier Regulations of the Canadian Transport Commission applicable to operations by small aircraft. | ||||
| 14:14:4.0.1.1.44.9.8.6 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | I | Subpart I—Terms, Conditions, and Limitations of This Part | § 294.86 Industrial/agricultural/other nontransport air operations prohibited. | FAA | A registrant shall not engage in flights for the purpose of industrial or agricultural operations (e.g., crop dusting, pest control, pipeline patrol, mapping, surveying, banner towing, skywriting, aerial photography) within the United States unless it has obtained a permit from the Department under part 375 of this chapter. | ||||
| 14:14:4.0.1.1.44.9.8.7 | 14 | Aeronautics and Space | II | A | 294 | PART 294—CANADIAN CHARTER AIR TAXI OPERATORS | I | Subpart I—Terms, Conditions, and Limitations of This Part | § 294.87 Compliance with Canadian licenses. | FAA | A registrant shall not, in the performance of operations authorized by this part, use any aircraft or conduct any operations except in accordance with the authority and conditions contained in the registrant's applicable Canadian licenses. | ||||
| 46:46:8.0.1.3.17.1.3.1 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | A | Subpart A—Introduction | § 294.1 Purpose. | FMC | This part prescribes regulations implementing subtitle B of Title XXXV of the National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283), section 3511 and the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117-81), section 3515, codified at Chapter 534 of Title 46, United States Code, governing the establishment of a Tanker Security Fleet of product tank vessels operating in the foreign trade or mixed foreign and domestic commerce of the United States permitted under a registry endorsement issued by the United States Coast Guard. The Department of Defense (DoD) and the Department of Transportation (DOT) have joint responsibility for the Tanker Security Fleet, with responsibility delegated to the Commander, United States Transportation Command through the Secretary of Defense, and the Maritime Administrator through the Secretary of Transportation. | ||||
| 46:46:8.0.1.3.17.1.3.2 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | A | Subpart A—Introduction | § 294.3 Definitions. | FMC | For the purposes of this part: (a) Administrator means the Administrator, Maritime Administration, United States Department of Transportation. (b) Agreement Holder means the owner or operator of a Fleet Vessel, excluding a trust, that: (1) Meets the eligibility requirements of 46 U.S.C. 53402(c)(1), (2), (3), or (4); and (2) Enters into a Tanker Security Program Operating Agreement for the Fleet Vessel with the Secretary of Transportation pursuant to 46 U.S.C. 53403. (c) Applicant means a person applying for a Tanker Security Program Operating Agreement, excluding trusts. (d) Classification society means the American Bureau of Shipping, or another classification society accepted by the Commandant of the United States Coast Guard. (e) CAP means Conditional Assessment Program, a voluntary program offered by classification societies intended to measure and document the actual technical and functional condition of tankers 15 years of age or more. (f) Coastwise trade means waterborne trade between points in the United States as defined in 46 U.S.C. chapter 551. (g) Commandant means the Commandant of the United States Coast Guard. (h) Commander means Commander, USTRANSCOM . (i) CR means continuing resolution. (j) Defense Contractor means a person that operates or manages United States-documented vessels for SecDef, or charters vessels to SecDef, and has entered into a special security agreement with SecDef. (k) Documentation Citizen means a person able to document a vessel under 46 U.S.C. chapter 121. This definition includes a United States Citizen Trust. (l) DoD means the United States Department of Defense. (m) Emergency Preparedness Agreement means a voluntary agreement established by the Maritime Administration (MARAD) under Section 708 of the Defense Production Act of 1950, as amended (50 U.S.C. 4558). (n) Fiscal Year means an annual period beginning on October 1 and ending on September 30. (o) Fleet means all Tanker Security Program (TSP) Fleet Vessels at any given… | ||||
| 46:46:8.0.1.3.17.1.3.3 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | A | Subpart A—Introduction | § 294.5 Applications. | FMC | (a) Applicants. Each applicant for a TSP Operating Agreement is required to apply to the Tanker Security Program, Maritime Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. Electronic submissions must be submitted to sealiftsupport@dot.gov . Application forms are available upon request or may be downloaded from MARAD's website. Required information includes: (1) An Affidavit of section 50501 ctizenship that comports with the requirements of 46 CFR part 355, if applying as a section 50501 citizen. Otherwise, an affidavit which demonstrates that the Applicant is qualified to document a vessel under 46 U.S.C. chapter 121 is required. If the Applicant is a vessel operator and proposes to employ a vessel manager, then the Applicant must supply an affidavit for the vessel manager that meets the same citizenship requirements as the Applicant; (2) Corporate documents, to include the following: (i) Certificate of Incorporation or other organization papers, including amendments presently in effect; (ii) Corporate by-laws or other governing instruments, including amendments presently in effect; (iii) Form or type of organization, i.e., individual, partnership, corporation, etc.; (iv) Federal, state, or other laws under which the Applicant is organized or incorporated, and the date of organization or incorporation; (v) Address of principal offices, and of important branch offices, if any; (vi) Description of domestic and international and corporate affiliations, including (but not limited to) parent companies, subsidiary companies, and other related companies within its corporate structure, along with a description of the nature of the business transacted with each affiliated corporation; (vii) Concerning each officer and director of the Applicant, provide name, address, nationality, number of shares owned and specify type of shares whether voting or non-voting; (viii) For each individual or entity that owns 5 percent or more of the outstanding capital shares o… | ||||
| 46:46:8.0.1.3.17.1.3.4 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | A | Subpart A—Introduction | § 294.7 Procedural waivers. | FMC | In consultation with DoD, MARAD may, at MARAD's own initiation or in response to a request by an interested party, after a finding of good cause to suspend, revoke, amend, or waive any requirement of the regulations in this part, subject to the provisions of the Administrative Procedure Act and any statutory limitations. | ||||
| 46:46:8.0.1.3.17.2.3.1 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | B | Subpart B—Establishment of a Tanker Security Fleet | § 294.9 Product tanker vessel eligibility requirements. | FMC | (a) Eligibility. To be eligible to be included in the fleet, the vessel must: (1) Meet the requirements of § 294.11; (2) Operate (or in the case of a vessel to be constructed, will be operated) in providing transportation in United States foreign commerce; (3) Be self-propelled; (4) Be not more than 10 years of age on the date the vessel is first included in the Fleet; (5) Be suitable for use by the United States for national defense or military purposes in time of war or national emergency, as determined by the Secretary of Defense; (6) Be commercially viable, as determined by the Secretary of Transportation; and (7) Be— (i) A vessel of the United States; or (ii) Not a vessel of the United States, but the owner of the vessel has demonstrated that— (A) The vessel is eligible for a USCG certificate of inspection; and (B) The vessel owner intends to have the vessel documented under 46 U.S.C. chapter 121 at the time the vessel is to be included in the fleet. (b) Telecommunications and other electronic equipment. The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under a TSP Operating Agreement will satisfy all Federal Communications Commission equipment certification requirements if: (1) The equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States; (2) The country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel; and (3) The equipment, at the end of its useful life, will be replaced with equipment that meets Federal Communications Commission equipment certification standards. | ||||
| 46:46:8.0.1.3.17.2.3.2 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | B | Subpart B—Establishment of a Tanker Security Fleet | § 294.11 Owner, charterer, and operator citizenship eligibility requirements. | FMC | Eligibility determination. For a vessel to be eligible to be included in the Fleet, vessel owners, charterers, and operators must evidence that, during the period of a TSP Operating Agreement, one of the following must be true: (a) The vessel is owned and operated by one or more persons that are citizens of the United States in accordance with 46 U.S.C. 50501. (b) The vessel is owned by a citizen of the United States in accordance with 46 U.S.C. 50501, or United States Citizen Trust, and the following conditions are met: (1) The vessel is demise chartered to a person or entity that: (i) Is eligible to document the vessel under 46 U.S.C. chapter 121; (ii) Is organized such that the chairman of the board of directors, chief executive officer, and most of the members of the board of directors are citizens of the United States, and are appointed and subjected to removal only upon approval by the Secretary; (iii) Certifies to the Secretary that there are no treaties, statutes, regulations, or other laws that would prohibit the program participant for the vessel from performing its obligations under a TSP Operating Agreement; and (iv) In the case of a vessel that is demise chartered to an entity that is owned or controlled by another person or entity that is not a citizen of the United States under 46 U.S.C. 50501, that other person or entity certifies to the Secretary that there are no treaties, statutes, regulations, or other laws that would prohibit the person or entity from performing its obligations under a TSP Operating Agreement and enters into an agreement with the Secretary not to influence the vessel's operation in any way that would be detrimental to the United States. (2) The Secretary and SecDef notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that the Secretaries concur with the certifications by the documentation… | ||||
| 46:46:8.0.1.3.17.2.3.3 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | B | Subpart B—Establishment of a Tanker Security Fleet | § 294.13 Special rule for fleet vessel entry age. | FMC | An Applicant may apply for a TSP Operating Agreement with a vessel that exceeds the maximum entry age requirement of § 294.9(a)(4), if it satisfies the following conditions: (a) The Applicant demonstrates their intent to replace the non-compliant vessel within 30 months after the commencement of operations under a TSP Operating Agreement; (b) Nominated vessels 15 years or older must be enrolled in a classification society's CAP and be rated equivalent to ABS CAP 2 or better; and (c) The Secretary determines that the Applicant has entered into an agreement to obtain and operate a replacement product tank vessel which, upon commencing operation under the same TSP Operating Agreement for the non-compliant vessel, will be eligible to be included in the fleet under § 294.9. | ||||
| 46:46:8.0.1.3.17.3.3.1 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | C | Subpart C—Award of TSP Operating Agreements | § 294.15 Initial award of TSP Operating Agreements. | FMC | (a) Number of agreements. The Secretary, in concurrence with SecDef, may award up to ten TSP Operating Agreements for the operation of product tank vessels from among those applications submitted by qualified Applicants. If the Secretary and SecDef are unable to select ten vessels for inclusion in the Fleet from their initial review of applications, they may accept additional applications for review to ensure that the Secretary can award ten TSP Operating Agreements. (b) Vessel selection priority. In consideration of the applications, the Secretary and SecDef will consider each Applicant's vessel(s)'s qualifications as they relate to subpart B and will give priority to applications based on the criteria in paragraphs (b)(1) through (3) of this section: (1) Vessel capabilities, as established by SecDef; (2) Applicant's record of vessel ownership and operation of tanker vessels; and (3) Applicant's citizenship, with preference for section 50501 citizens. (c) Consideration of applications requesting an age waiver. If an Applicant applies for a TSP Operating Agreement under the provisions of § 294.15, the Secretary and SecDef will consider: (1) Whether the vessel is enrolled in its class society's CAP and has maintained a rating equivalent to ABS CAP 2 or better; (2) The vessel priority factors in § 294.15(b) for both the proposed non-compliant vessel and the vessel proposed to replace the non-compliant vessel within the initial 30 months of the TSP Operating Agreement; and (3) The feasibility of the Applicant's plan to obtain and operate the compliant replacement vessel within the initial 30 months of the TSP Operating Agreement. (d) Notification to Applicants. After the Secretary, in concurrence with SecDef, has selected those vessels to be included in the Fleet, the Secretary will notify all Applicants as to whether their applications were successful or unsuccessful. (1) For each successful application, the Secretary will extend an offer to the Applicant to enter into one or more TSP Operating Ag… | ||||
| 46:46:8.0.1.3.17.3.3.2 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | C | Subpart C—Award of TSP Operating Agreements | § 294.17 Subsequent award of TSP Operating Agreements. | FMC | (a) Availability. When a TSP Operating Agreement becomes available through termination by the Secretary or early termination by an Agreement Holder, and no transfer under 46 U.S.C. 53405(e) is involved, MARAD will accept applications for a new TSP Operating Agreement pursuant to paragraphs (a)(1) through (3) of this section: (1) The proposed vessel must meet the requirements of § 294.9; (2) The Applicant must meet the requirements of § 294.11; and (3) The Applicant must apply in accordance with the requirements of § 294.5. (b) Consideration of applications. The Secretary and SecDef will consider all applications within the priority structure of § 294.15(b). (c) Notification and award of a new TSP Operating Agreement. Upon selection of the best-qualified vessel(s) from among the applications received, MARAD will enter into a new TSP Operating Agreement with the successful Applicant as soon as is practicable. Successful Applicants must notify the Secretary of their acceptance of an offer to enter into a TSP Operating Agreement within 90 days. | ||||
| 46:46:8.0.1.3.17.3.3.3 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | C | Subpart C—Award of TSP Operating Agreements | § 294.19 Nature of award procedure. | FMC | TSP furthers a public purpose and MARAD does not acquire goods or services through TSP. Therefore, the selection process for awarding TSP Operating Agreements does not constitute an acquisition subject to procurement law or the Federal Acquisition Regulation. | ||||
| 46:46:8.0.1.3.17.4.3.1 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | D | Subpart D—TSP Operating Agreements | § 294.21 General conditions. | FMC | (a) Number of agreements. The Secretary may enter into up to ten TSP Operating Agreements for vessels that were either selected in accordance with § 294.15 or which, on the effective date of a TSP Operating Agreement, were operating under an MSP Operating Agreement in accordance with 46 U.S.C. chapter 531 and 46 CFR part 296, for fiscal year 2022 and any prior fiscal year. (b) Term of agreements. All TSP Operating Agreements will be effective for one fiscal year and subject to the availability of appropriations, may be renewed for each subsequent fiscal year through the end of fiscal year 2035. (c) Replacement vessels. An Agreement Holder may replace a vessel under a TSP Operating Agreement with another vessel that is eligible to be included in the fleet under § 294.9, if the Secretary, in conjunction with SecDef, approves the replacement vessel. (d) Termination by the Secretary. If an Agreement Holder fails to comply with the terms of a TSP Operating Agreement: (1) The Secretary will notify the Agreement Holder and provide a reasonable opportunity for the Agreement Holder to comply with the terms and conditions of the TSP Operating Agreement; and (2) The Secretary will terminate the TSP Operating Agreement if the Agreement Holder fails to achieve such compliance. (e) Termination by the Secretary for long-term charter. If an Agreement Holder time charters a vessel enrolled in the TSP to the United States Government for a period that together with options, occurs for more than 180 continuous days, then the Secretary will terminate the TSP Operating Agreement. (f) Early termination by an Agreement Holder. The Agreement Holder must notify the Secretary no later than 60 days before the proposed effective termination date that the Agreement Holder intends to terminate the TSP Operating Agreement. Even after early termination of the Operating Agreement, the Agreement Holder will remain bound by the provisions related to vessel documentation and national security requirements, including any commitment… | ||||
| 46:46:8.0.1.3.17.4.3.2 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | D | Subpart D—TSP Operating Agreements | § 294.23 Special terms. | FMC | (a) TSP Operating Agreement. Each TSP Operating Agreement will require that, during the period a fleet vessel is operating under that TSP Operating Agreement, the fleet vessel must: (1) Be documented as a vessel of the United States under 46 U.S.C. chapter 121; (2) Operate exclusively in: (i) Foreign commerce; (ii) Mixed foreign commerce and domestic trade permitted under a registry endorsement issued under 46 U.S.C. 12111, and to those points identified in 46 U.S.C. 55101(b); (iii) Foreign-to-foreign commerce; or (iv) Under charter to the United States, except as provided in 46 U.S.C. 53404(b); and (3) Not otherwise operate in the coastwise trade of the United States; (4) Not receive payments during a period in which the Agreement Holder owns, operates, or charters a vessel engaged in noncontiguous domestic trade, unless the Agreement Holder is a section 50501 citizen, applying the 75 percent ownership requirements of 46 U.S.C. 50501; and (5) Enroll, for vessels 15 years or older, in their classification society's CAP and maintain a CAP rating of 2 or better. (b) Operating agreement as an obligation of the United States government. The amounts payable to an Agreement Holder under a TSP Operating Agreement constitute a contractual obligation of the United States Government to the extent of actual appropriations. (c) Operating under a Continuing Resolution. In the event funds are available under a Continuing Resolution (CR), the terms and conditions of the TSP Operating Agreements will be in force provided sufficient funds are available to fully meet obligations under TSP Operating Agreements, and only for the period stipulated in the applicable CR. If funds are not appropriated under a CR at sufficient levels for any portion of a fiscal year, the Secretary will select the vessels to retain within the funding level of the previous fiscal year, in consultation with the SecDef, based on the Secretaries' determination of the most militarily useful and commercially viable vessels. For any Agreement Ho… | ||||
| 46:46:8.0.1.3.17.4.3.3 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | D | Subpart D—TSP Operating Agreements | § 294.25 National security modifications. | FMC | A participant agrees to the installation onboard its Fleet Vessel of militarily useful features for national defense purposes as approved by U.S. Coast Guard and the vessel's classification society. | ||||
| 46:46:8.0.1.3.17.4.3.4 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | D | Subpart D—TSP Operating Agreements | § 294.27 Financial reporting. | FMC | The Agreement Holder must submit the following reports to MARAD, including management footnotes where necessary to make a fair financial presentation: (a) Vessel operating cost information. Not later than 120 days after the close of the Agreement Holder's semiannual accounting period, a Form MA-172 on a semiannual basis, in accordance with 46 CFR 232.6; and (b) Financial statement. Not later than 120 days after the close of the Agreement Holder's annual accounting period, an audited financial statement in accordance with 46 CFR 232.6 and the most recent vessel operating cost data submitted as part of its Emergency Preparedness Agreement, or if not current year data, a Schedule 310 of the MA-172. | ||||
| 46:46:8.0.1.3.17.5.3.1 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | E | Subpart E—Billing and Payment | § 294.29 Billing procedures. | FMC | All Agreement Holders must submit a voucher to the Maritime Administration for payment. For Agreement Holders operating under more than one TSP Operating Agreement, the Agreement Holder may submit a single monthly voucher applicable to all its TSP Operating Agreements. Each voucher submission must include a certification that the vessel(s) for which payment is requested were operated in accordance with § 294.23(a) and applicable TSP Operating Agreements. All submissions must be forwarded to the Tanker Security Program, Maritime Administration, via email to sealiftsupport@dot.gov. Payments will be paid and processed under the terms and conditions of the Prompt Payment Act, 31 U.S.C. 3901, et seq. | ||||
| 46:46:8.0.1.3.17.5.3.2 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | E | Subpart E—Billing and Payment | § 294.31 Payments. | FMC | (a) Amount payable. A TSP Operating Agreement will provide for each Fleet Vessel, an annual payment, subject to the availability of appropriations, equal to $6,000,000 for each of fiscal years 2022 to 2035. This amount will be paid in equal monthly installments at the end of each month. The annual amount payable will not be reduced except as provided in paragraphs (b) and (c) of this section. (b) Reductions in amount payable. The annual amount otherwise payable under a TSP Operating Agreement will be reduced on a pro rata basis for each day less than 320 days in a fiscal year that a Fleet Vessel is not operated in accordance with § 294.23(a)(1) through (3). (c) No payment. (1) Regardless of whether the Agreement Holder has or will operate the Fleet vessel for 320 days a year, the Agreement Holder will not be paid: (i) For any day in which the TSP Vessel is engaged in transporting more than 7,500 tons of civilian bulk preference cargoes pursuant to 46 U.S.C. 55302(a), 55305, or 55314 (using the United States standard of short tons, which is equivalent to 6,803.85 metric tons or 6,696.75 long tons); (ii) During a period in which the Agreement Holder participates in noncontiguous domestic trade, unless that Agreement Holder is a Section 50501 Citizen, applying the 75 percent ownership requirement of that Section; (iii) For any days in which the Agreement Holder operates a TSP Vessel that is 15 years or older which is not enrolled in their classification society's CAP or is not maintaining a CAP rating of 2 or better; (iv) For any day in which the Agreement Holder operates a TSP Vessel that is in excess of 20 years of age; (v) For days in excess of 30 days in a fiscal year in which a vessel is drydocked or undergoing survey, inspection, or repair, unless, prior to the expiration of the vessel's 30-day drydock and repair period, the Agreement Holder obtains approval from MARAD for an extension beyond 30 days; (vi) For any day in which the Agreement Holder does not, at the request of the Administrator, ca… | ||||
| 46:46:8.0.1.3.17.6.3.1 | 46 | Shipping | II | C | 294 | PART 294—TANKER SECURITY PROGRAM (TSP) | F | Subpart F—Appeals Procedures | § 294.33 Administrative determinations. | FMC | (a) Policy. An Agreement Holder who disagrees with the findings, interpretations, or decisions of MARAD with respect to the administration of this part or any other dispute or complaint concerning the Agreement Holder's TSP Operating Agreement(s) may submit an appeal to the Administrator. The appeals must be made in writing to the Maritime Administrator, within 60 days following the date of the document notifying the Agreement Holder of the administrative determination of MARAD. Such an appeal should be addressed to the Maritime Administrator, Attn.: TSP Operating Agreement Appeals, Maritime Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 or via email to sealiftsupport@dot.gov. An appeal is a prerequisite to exhausting administrative remedies. (b) DoD determinations. 46 U.S.C. chapter 534 assigns joint and separate roles and responsibilities to the Secretary and the SecDef. The Administrator and the Commander will make joint and separate findings, interpretations, and decisions necessary to implement 46 U.S.C. chapter 534. An Agreement Holder who disagrees with the initial findings, interpretations, or decisions regarding the implementation of 46 U.S.C. chapter 534—whether joint or separate in nature—must communicate such disagreement to MARAD. Any disagreement or dispute of an Agreement Holder may, where determined appropriate by MARAD, be transferred to the Director of Policy and Plans, USTRANSCOM for resolution. An Agreement Holder who disagrees with the findings, interpretations, or decisions of the Director of Policy and Plans, USTRANSCOM, with respect to the administration of this part, may submit an appeal to the Commander. Such an appeal must be made in writing to the Commander within 60 days following the date of the document notifying the Agreement Holder of the administrative determination of the Director of Policy and Plans. Such an appeal should be addressed to the Commander, United States Transportation Command, 508 Scott Drive, Scott Air Force Base, IL 62225-5357. or via emai… |
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