DOT ISSUES NOTICE ON AMENDMENT OF CONDITIONS IMPOSED FOR CHARTERS UNDER 14 CFR PART 375
April 10, 2023
On Friday, March 24, 2023, DOT issued a notice to announce the amendment of conditions imposed on all currently effective special authorizations and foreign aircraft permits that were granted to foreign air operations to conduct charter operations as outlined in 14 CFR Part 375. The new conditions are applicable to any foreign air operators that currently hold DOT authority under Part 375 to conduct occasional planeload charters for 12 months or less through a foreign aircraft permit allowing operation of up to six flights, or up to twelve flights through special authorization, and will be imposed by DOT on any future grants of occasional planeload charter authority under Part 375.
More specifically, as of March 24th, the following conditions are now applicable to affected air operators as detailed above: (1) a condition requiring compliance with ICAO Annex 18, “The Safe Transport of Dangerous Goods by Air,” and (2) a FAA preflight reporting condition. It is also important to note that the new FAA flight reporting requirement is an additional requirement to the DOT/OST and Transportation Security Administration (“TSA”) flight reporting requirements already in place.
DOT further noted that based on the changes detailed above, condition (4) of all special authorizations detailed in the Appendix will also be amended, or to the extent necessary have language added, to now read as follows:
“The operator must also comply with (1) all applicable requirements of 14 CFR Part 375; (2) all applicable requirements of the Federal Aviation Administration contained in the Federal Aviation Regulations and all applicable orders of the FAA; and (3) all applicable ICAO standards set forth in the following Annexes: Annex 1, Personnel Licensing; Annex 6 part 1, Operations of Aircraft; Annex 8, Airworthiness of Aircraft; and Annex 18, The Safe Transport of Dangerous Goods by Air. For further information on FAA requirements, the operator should contact the FAA’s Flight Standards Service in Washington, D.C. at (202) 267-0962.
In addition, using electronic mail, the operator must provide FAA Flight Standards with a preflight notification as soon as possible prior to operation of the flight. The subject line of the notification email must include the name and State of the operator. The email must be sent to 9-AVS-AFS-375-Flight-Notifications@faa.gov and include the following information:
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Aircraft Registration, Make and Model.
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All arrival and departure airport(s) used within the United States.
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Estimated date/local time of arrival (ETA) and estimated date/local time of departure (ETD) at each U.S. airport. (As changes occur, send subsequent emails with updates – such as significant changes to ETA and ETD or aircraft information.)
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Purpose or description of flight, i.e., passengers, cargo, or both.
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Planned parking location (ramp, FBO, gate, etc.).
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If possible, a contact phone number within the United States. An example of this would be a Fixed-Based Operator (FBO) or other ground-handling company.”
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If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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