Part 212

PART 212--CHARTER RULES FOR U.S. AND
FOREIGN DIRECT AIR CARRIERS
Sec.
212.1 Scope
212.2 Definitions
212.3 General provisions
212.4 Authorized charter types
212.5 Operation of affinity (pro rata) charters
212.6 Operation of gambling junket charters
212.7 Direct sales
212.8 Protection of customers’ payments
212.9 Prior authorization requirements
212.10 Application for statement of authorization
212.11 Issuance of statement of authorization
212.12 Waiver
Sec. 212.1 Scope.
This part applies to all charter flights, and all other flights
carrying charter passengers or cargo, in interstate and/or
foreign air transportation by U.S. certificated air carriers or
in foreign air transportation by foreign air carriers. It does
not apply to any flights performed by a commuter air
carrier, air taxi operator, or certificated air carrier operating
``small aircraft'' under part 298 of this chapter. Nothing in
this part gives authority to operate a type or level of service
not authorized by certificate, foreign air carrier permit, or
exemption, except that a certificated air carrier authorized to
conduct scheduled operations may conduct charter flights,
in interstate and/or foreign air transportation, without
limitation as to the points served.
Sec. 212.2 Definitions.
For the purposes of this part:
Affinity (pro rata) charter means a charter arranged by an
organization on behalf of its membership, and which meets
the requirements of Sec. 212.5.
Certificated air carrier means a U.S. direct air carrier
holding a certificate issued under 49 U.S.C. 41102.
Charter flight means a flight operated under the terms of a
charter contract between a direct air carrier and its charterer
or lessee. It does not include scheduled interstate air
transportation, scheduled foreign air transportation, or
nonscheduled cargo foreign air transportation, sold on an
individually ticketed or individually waybilled basis.
Charter operator means:
(1) A ``Public Charter operator'' as defined in Sec. 380.2
of this chapter, or
(2) An ``Overseas Military Personnel Charter operator'' as
defined in Sec. 372.2 of this chapter.
Direct air carrier means a certificated or foreign air carrier
that directly engages in the operation of aircraft under a
certificate, permit, or exemption issued by the Department.
Fifth freedom charter means a charter flight carrying
traffic that originates and terminates in countries other than

the carrier's home country, regardless of whether the flight
operates via the home country.
Foreign air carrier means a direct air carrier which is not a
citizen of the United States as defined in 49 U.S.C. 40102(a)
that holds a foreign air carrier permit issued under 49 U.S.C.
41302 or an exemption issued under 49 U.S.C. 40109
authorizing direct foreign air transportation.
Fourth freedom charter means a charter flight carrying
traffic that terminates in the carrier's home country having
originated in another country.
Gambling junket charter means a charter arranged by a
casino, hotel, cruise line, or its agents, the purpose of which
is to transport passengers to the casino, hotel, or cruise ship
where gambling facilities are available, and which meets the
requirements of Sec. 212.6.
Long-term wet lease means a wet lease which either-(1) Lasts more than 60 days, or
(2) Is part of a series of such leases that amounts to a
continuing arrangement lasting more than 60 days.
Mixed charter means a charter, the cost of which is borne
partly by the charter participants and partly by the charterer,
where all the passengers meet the eligibility requirements
for ``affinity (pro rata)'' charters of Sec. 212.5.
Part charter means flight carrying both charter and
scheduled passenger traffic.
Seventh-freedom charter means a charter flight carrying
traffic that originates and terminates in a country other than
the foreign air carrier’s home country, where the flight does
not have a prior, intermediate or subsequent stop in the
foreign air carrier’s home country.
Single entity charter means a charter the cost of which is
borne by the charterer and not by individual passengers,
directly or indirectly. Third freedom charter means a
charter flight carrying traffic that originates in the carrier's
home country and terminates in another country.
Sixth-freedom charter means a charter flight carrying
traffic that originates and terminates in a country other than
the country of the foreign air carrier’s home country,
provided the flight operates via the home country of the
foreign air carrier.
Wet lease means a lease between direct air carriers by
which the lessor provides all or part of the capacity of an
aircraft, and its crew, including operations where the lessor
is conducting services under a blocked space or codesharing arrangement.
Sec. 212.3 General provisions.
(a) Certificated and foreign air carriers may conduct
charter flights as described in this part, and may carry
charter passengers on scheduled flights, or charter cargo on
scheduled or nonscheduled flights (or on the main deck or in
the belly of passenger charter flights), subject to the
requirements of this chapter and any orders of, or specific
conditions imposed by, the Department.
(b) Charter flights may be operated on a round-trip or

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one-way basis, with no minimum group, shipment, or
contract size.
(c) Contracts to perform charter flights must be in writing
and signed by an authorized representative of the
certificated or foreign air carrier and the charterer prior to
the operation of the flights involved. The written agreement
shall include:
(i) The name and address of either the surety whose bond
secures advance charter payments received by the carrier, or
of the carrier's depository bank to which checks or money
orders for the advance charter payments are to be made
payable as escrow holder pending completion of the charter
trip; and
(2) A statement that unless the charterer files a claim with
the carrier, or, if the carrier is unavailable, with the surety,
within 60 days after the cancellation of a charter trip with
respect to which the charterer's advance payments are
secured by the bond, the surety shall be released from all
liability under the bond to such charterer for such trips.
(d) A certificated or foreign air carrier must make a
reasonable effort to verify that any charterer with which it
contracts, and any charter it conducts, meets the applicable
requirements of this chapter.
(e) The certificated or foreign air carriers shall require full
payment of the total charter price, including payment for the
return portion of a round trip, or the posting of a satisfactory
bond for full payment, prior to the commencement of any
portion of the air transportation, provided, however, that in
the case of a passenger charter for less than the entire of an
aircraft, the carrier shall require full payment of the total
charter price, including payment for the return portion of a
round trip, from the charterers not less than 10 days prior to
the commencement of any portion of the transportation, and
such payment shall not be refundable unless the charter is
canceled by the carrier or unless the carrier accepts a
substitute charterer for one which has canceled a charter, in
which case the amount paid by the latter shall be refunded.
For the purpose of this section, payment to the carrier's
depository bank, as designated in the charter contract, shall
be deemed payment to the carrier.
(f) A certificated or foreign air carrier operating a U.S.originating passenger charter shall be responsible to return
to his or her point of origin any passenger who purchased
round trip transportation on that charter and who was
transported by that carrier on his or her outbound flight;
except that this provision shall not apply in cases where the
return transportation is to be provided by another
certificated or foreign air carrier.
(g) A certificated or foreign air carrier may not perform
any charter flight for which a statement of authorization is
required under Sec. 212.9 until one has been granted by the
Department. In addition, if a foreign air carrier is required to
obtain a statement of authorization under paragraph (e) of
that section, neither it, not any charter operator, or any other
person shall advertise or sell any passenger charter services

except those that have been specifically authorized by the
Department.
(h) A certificated air carrier may not operate charters
where such operations would result in a substantial change
in the scope of its operations within the meaning of part 204
of this chapter.
(i) A certificated air carrier may not limit its baggage
liability for interstate charter flights except as set forth in
part 254 of this chapter.
(j) A certificated air carrier may not, except as set forth in
part 121 of the Federal Aviation Regulations (14 CFR part
121), limit the availability, upon reasonable request, of air
transportation and related services to a person who may
require help from another person in expeditiously moving to
an emergency exit for evacuation of an aircraft. (k) A
certificated air carrier holding a certificate to conduct only
cargo operations may not conduct passenger charters.
(l) A certificated air carrier may not perform any charter
in interstate commerce within the State of Alaska.
(m) A foreign air carrier may operate charters in foreign
air transportation only to the extent authorized by its foreign
air carrier permit under 49 U.S.C. 41302 or exemption
authority under 49 U.S.C. 40109, and only to the extent to
which such operations are consistent with the provisions of
any applicable bilateral aviation undertaking.
Sec. 212.4 Authorized charter types.
Certificated and foreign air carriers may conduct the
following charter types, subject to the provisions of this
part:
(a) Affinity (pro rata) charters.
(b) Single entity charters, including:
(1) Wet leases involving the carriage of passengers and/or
cargo, provided, that the wet lessee holds appropriate
economic authority from the Department to conduct the
proposed operations; and
(2) Charters pursuant to contracts with the Department of
Defense, provided, that foreign air carriers may conduct
charters for the Department of Defense only to the extent
that such operations are consistent with the provisions of 49
U.S.C. 40118.
(c) Mixed charters.
(d) Gambling junket charters.
(e) Public Charters in accordance with part 380 of this
chapter (including operations by educational institutions as
defined in that part).
(f) Overseas military personnel charters in accordance
with part 372 of this chapter.
(g) Cargo charters.
Sec. 212.5 Operation of affinity (pro rata) charters.
An affinity (pro rata) charter operated by a certificated or
foreign air carrier must meet the following criteria:
(a) The aircraft must be chartered by an organization, no
part of whose business is the formation of groups for

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transportation or solicitation or sale of transportation
services, for the purpose of providing air transportation to
its members and their immediate families.
(b) The charter must be organized by the organization
itself, or by a person or company who acts not as a
principal, but as an agent for the chartering organization or
the certificated or foreign air carrier.
(c) No solicitation, sales, or participation may take place
beyond the bona fide members of an eligible chartering
organization, and their immediate families (spouse, children,
and parents). All printed solicitation materials shall contain
the following notice in boldface, 10-point or larger type-Some of the Federal rules that protect against tour
changes and loss of passengers' money in publicly sold
charters do not apply to this charter flight.
(d) ``Bona fide members'' are members of an organization
who: Have not joined the organization merely to travel on a
charter flight; and who have been members of the chartering
organization for a minimum of six months prior to the date
of commencement of the affected flight; provided, that the
``six month'' rule does not apply to:
(1) Employees of a single commercial establishment,
industrial plant, or government agency, or
(2) Students and employees of a single school.
(e) The charter price due the direct air carrier shall be
prorated equally among all the charter passengers, except
that children under 12 may be offered discounted or free
transportation.
(f) The certificated or foreign air carrier shall make
reasonable efforts to assure that passengers transported meet
the eligibility requirements of this section. The certificated
or foreign air carrier shall also obtain (no later than the date
of departure), and maintain for two years, a certification by
an authorized representative of the chartering organization
that all passengers are eligible for transportation under this
section.
Sec. 212.6 Operation of gambling junket charters.
A gambling junket charter operated by a certificated or
foreign air carrier must meet the following criteria:
(a) The aircraft must be chartered by
(1) A casino, hotel, or cruise line duly licensed by the
government of any state, territory or possession of the
United States, or by a foreign government, or
(2) An agent of such a casino, or cruise line on behalf of
that casino, hotel, or cruise line.
(b) The casino, hotel, or cruise line or its agents, may not
require a passenger to incur any expense in taking the trip,
provided, that this provision shall not preclude the casino,
hotel, or cruise line or its agents, from requiring prospective
passengers to pay nominal reservation fees that are duly
refundable by the casino, hotel, or cruise line before the
flight, establish a minimum line-of-credit at the casino,
hotel, or cruise line, bring (but not necessarily spend) a
specified minimum amount of money, or meet other

requirements that do not place them in financial jeopardy;
nor does it preclude the casino, hotel, or cruise line, or its
agents, from offering operational land packages for a fee.
Sec. 212.7 Direct sales.
(a) Certificated and foreign air carriers may sell or offer
for sale, and operate, as principal, Public Charter flights
under part 380 of this chapter directly to the public.
(b) Each certificated or foreign air carrier operating a
charter trip under this section shall comply with all the
requirements of part 380 of this chapter, except that:
(1) Those provisions of part 380 relating to the existence
of a contract between a charter operator and a direct air
carrier do not apply;
(2) A depository agreement shall comply with Sec.
380.34a (d) and (f);
(3) A security agreement shall comply with Sec. 380.34
(c) and (d); and
(i) If no depository agreement is used, protect charter
participant payments (including those for ground
accommodations and services) and assure the certificated or
foreign air carrier's contractual and regulatory
responsibilities to charter participants in an unlimited
amount (except that the liability of the securer with respect
to any charter participant may be limited to the charter price
paid by or on behalf of such participant);
(ii) If used in combination with a depository agreement,
protect charter participant payments (including those for
ground accommodations and services) and assure the
certificated or foreign air carrier's contractual and regulatory
responsibilities to charter participants in the amount of at
least $10,000 times the number of flights, except that the
amount need not be more than $200,000. The liability of the
securer with respect to any charter participant may be
limited to the charter price paid by or on behalf of such
participant.
(c) The Department reserves the right to limit or prohibit
the operation of direct sales Public Charters by a foreign air
carrier upon a finding that such action is necessary in the
public interest.
Sec. 212.8 Protection of customers' payments.
(a) Except as provided in paragraph (c) of this section, no
certificated air carrier or foreign air carrier shall perform
any charter trip (other than a cargo charter trip) originating
in the United States or any Overseas Military Personnel
Charter trip, as defined in part 372 of this chapter, nor shall
such carrier accept any advance payment in connection with
any such charter trip, unless there is on file with the
Department a copy of a currently effective agreement made
between said carrier and a designated bank, by the terms of
which all sums payable in advance to the carrier by
charterers, in connection with any such trip to be performed
by said carrier, shall be deposited with and maintained by
the bank, as escrow holder, the agreement to be subject to

3

the following conditions:
(1) The charterer (or its agent) shall pay the carrier either
by check or money order made payable to the depository
bank. Such check or money order and any cash received by
the carrier from a charterer (or its agent) shall be deposited
in, or mailed to, the bank no later than the close of the
business day following the receipt of the check or money
order or the cash, along with a statement showing the name
and address of the charterer (or its agent); provided,
however, that where the charter transportation to be
performed by a carrier is sold through a travel agent, the
agent may be authorized by the carrier to deduct its
commission and remit the balance of the advance payment
to the carrier either by check or money order made payable
to the designated bank.
(2) The bank shall pay over to the carrier escrowed funds
with respect to a specific charter only after the carrier has
certified in writing to the bank that such charter has been
completed; provided, however, that the bank may be
required by the terms of the agreement to pay over to the
carrier a specified portion of such escrowed funds, as
payment for the performance of the outbound segment of a
round-trip charter upon the carrier's written certification that
such segment has been so completed.
(3) Refunds to a charterer from sums in the escrow
account shall be paid directly to such charterer its assigns.
Upon written certification from the carrier that a charter has
been canceled, the bank shall turn over directly to the
charterer or its assigns all escrowed sums (less any
cancellation penalties as provided in the charter contract)
which the bank holds with respect to such canceled charter,
provided however, that in the case of a split charter
escrowed funds shall be turned over to a charterer or its
assigns only if the carrier's written certification of
cancellation of such charter includes a specific
representation that either the charter has been canceled by
the carrier or, if the charter has been canceled by the
charterer, that the carrier has accepted a substitute charterer.
(4) The bank shall maintain a separate accounting for
each charter flight.
(5) As used in this section the term ``bank'' means a bank
insured by the Federal Deposit Insurance Corporation.
(b) The escrow agreement required under paragraph (a) of
this section shall not be effective until approved by the
Department. Claims against the escrow may be made only
with respect to the non-performance of air transportation.
(c) The carrier may elect, in lieu of furnishing an escrow
agreement pursuant to paragraph (a) of this section, to
furnish and file with the Department a surety bond with
guarantees to the United States Government the
performance of all charter trips (other than cargo charter
trips) originating in the United States and of all overseas
military personnel charter trips, as defined in part 372 of this
chapter, to be performed, in whole or in part, by such carrier
pursuant to any contracts entered into by such carrier. The

amount of such bond shall be unlimited.1 Claims under the
bond may be made only with respect to the nonperformance of air transportation.
(d) The bond permitted by this section shall be in the
form set forth as the appendix to this part. Such bond shall
be issued by a bonding or surety company-(1) Which is listed in Best's Insurance Reports (Fire and
Casualty) with a general policyholders' rating of ``A'' or
better or
(2) Which is listed in the U.S. Department of Treasury's
notice listing companies holding Certificates of Authority as
acceptable sureties on Federal bonds and as acceptable
reinsuring companies, published in the Federal Register on
or about July 1. The bonding or surety company shall be one
legally authorized to issue bonds of that type in the State in
which there is located the office or usual residence of the
agency designated by the carrier under 49 U.S.C. 46103 to
receive service of notices, process and other documents
issued by or filed with the Department of Transportation.
For the purposes of this section the term ``State'' includes
any territory or possession of the United States, or the
District of Columbia. If the bond does not comply with the
requirements of this section, or for any reason fails to
provide satisfactory or adequate protection for the public,
the Department will notify the certificated or foreign air
carrier by registered or certified mail, stating the
deficiencies of the bond. Unless such deficiencies are
corrected within the time limit set forth in the notification,
no amounts payable in advance by customers for the subject
charter trips shall be accepted by the carrier.
(e) The bond required by this section shall provide that
unless the charterer files a claim with the carrier, or, if the
carrier is unavailable, with the surety, within 60 days after
cancellation of a charter trip with respect to which the
charterer's advance payments are secured by the bond, the
surety shall be released from all liability under the bond to
such charterer for such charter trip. The contract between
the carrier and the charterer shall contain notice of this
provision.
Sec. 212.9 Prior authorization requirements.
(a) Certificated air carriers shall obtain a statement of
authorization for each long-term wet lease to a foreign air
carrier.
(b) Foreign air carriers shall obtain a statement of
authorization for each:
(1) Fifth-, sixth-, and/or seventh freedom charter flight to
or from the United States;
(2) Long-term wet lease;
(3) Charter flight for which the Department specifically
requires prior authorization under paragraph (e) or (f) of this
1

While the face amount of the bond is unlimited, claims are
limited to amounts that are paid to carrier for U.S.-originating
passenger charter flights that carrier fails to perform or to refund.

4

section; or
(4) Part charter.
(c) The Department may issue blanket statements of
authorization to foreign air carriers to conduct fifth freedom
charters. The standards for issuing such blanket
authorizations shall be those stated in Sec. 212.11. The
Department may revoke any authority granted under this
paragraph at any time without hearing.
(d) The Department may at any time, with or without
hearing, but with at least 30 days' notice, require a foreign
air carrier to obtain a statement of authorization before
operating any charter flight. In deciding whether to impose
such a requirement, the Department will consider (but not
be limited to considering) whether the country of the
carrier's nationality:
(1) Requires prior approval for third or fourth freedom
charter flights by U.S. air carriers;
(2) Has, over the objection of the U.S. Government,
denied rights of a U.S. air carrier guaranteed by a bilateral
agreement; or
(3) Has otherwise impaired, limited, or denied the
operating rights of U.S. air carriers, or engaged in unfair,
discriminatory, or restrictive practices with respect to air
transportation services to, from, through, or over its
territory.
(e) The Department, in the interest of national security,
may require a foreign air carrier to provide prior notification
or to obtain a statement of authorization before operating
any charter flight over U.S. territory.
Sec. 212.10 Application for statement of authorization.
(a) Application for a statement of authorization shall be
submitted on OST Form 4540 except that for part charters
or long-term wet leases the application may be in letter
form. An application for a long-term wet lease shall
describe the purpose and terms of the wet lease agreement.
Except for an application for a long-term wet lease
involving a codeshare agreement, an original and two copies
of an application shall be submitted to the Department of
Transportation, Office of International Aviation, U.S. Air
Carrier Licensing Division, X-44 (for an application by a
certificated air carrier), or Foreign Air Carrier Licensing
Division, X-45 (for an application by a foreign air carrier),
400 7th Street, SW., Washington, DC 20590; an original
and two copies of an application for a long-term wet lease
involving a codeshare agreement shall be submitted to DOT
Dockets, PL-401, 400 7th Street, SW., Washington, DC
20590, or by electronic submission to DOT Dockets
according to procedures at the DOT Dockets website. Upon
a showing of good cause, the application may be transmitted
by facsimile (fax) or telegram, or may be made by
telephone, provided, that in the case of a fax or telephone
application, the applicant must confirm its request (by filing
an original and two copies of its application as described
above) within three business days.

(b) A copy of each application for a long-term wet lease
shall also be served on the Director of Flight Standards
Service (AFS-1), Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591, and
on each certificated air carrier that is authorized to serve the
general area in which the proposed transportation is to be
performed.
(c)(1) Applicants for statements of authorization filed by
foreign air carriers shall include documentation to establish
the extent to which the country of the applicant's nationality
deals with U.S. air carriers on the basis of reciprocity for
similar flights, if such flights are not subject to a bilateral
agreement, and
(i) The Department has not established that the country
accords reciprocity;
(ii) The Department has found reciprocity defective in the
most recent prior approval application involving the
country; or
(iii) Changes in reciprocity have occurred since the most
recent Department finding for the country in question.
(2) Applications filed by certificated or foreign air
carriers to conduct long-term wet leases shall include, for
the country of the lessee's nationality, the documentation
specified in paragraph (c)(1) of this section.
(d)(1) Applications shall be filed at least 5 business days
before commencement of the proposed flight or flights,
except as specified in paragraphs (d)(2), (d)(3), and (d)(4) of
this section. Late applications may be considered upon a
showing of good cause for the lateness.
(2) Applications for a part charter or for a long-term wet
lease shall be filed at least 45 calendar days before the date
of the first proposed flight.
(3) Applications specifically required under Sec. 212.9(d)
shall be filed at least 30 calendar days before the proposed
flight or flights (10 calendar days for cargo charters), unless
otherwise specified by the Department.
(4) Applications required by a Department order under
Sec. 212.9(e) shall be filed at least 14 calendar days before
the proposed flight or flights, unless otherwise specified by
the Department.
(5) Where an application is required by more than one
provision of this part and/or order of the Department, only
one application need be filed, but it must conform to the
earliest applicable filing deadline.
(6) The Department may require service of applications
as it deems necessary.
(e)(1) Any part in interest may file a memorandum
supporting or opposing an application. Three copies of each
memorandum shall be filed within 7 business days after
service of the application or before the date of the proposed
flight or flights, whichever is earlier. Memorandums will be
considered to the extent practicable; the Department may act
on an application without waiting for supporting or
opposing memorandums to be filed.
(2) Each memorandum shall set forth the reasons why the

5

application should be granted or denied, accompanied by
whatever data, including affidavits, the Department is
requested to consider.
(3) A copy of each memorandum shall be served on the
certified or foreign air carrier applying for approval.
(f)(1) Unless otherwise ordered by the Department, each
application and memorandum filed in response will be
available for public inspection at the Office of International
Aviation immediately upon filing. Such information with
respect to codeshare applications and responsive pleadings
will be available for public inspection at DOT Dockets or at
the DOT Dockets website. Notice of the filing of all
applications shall be published in the Department's Weekly
List of Applications Filed.
(2) Any person objecting to public disclosure of any
information in an application or memorandum must state the
grounds for the objection in writing. If the Department finds
that disclosure of all or part of the information would
adversely affect the objecting person, and that the public
interest does not require disclosure, it will order that the
injurious information be withheld.
[Docket No. OST-97-2356, 63 FR 28236, May 22, 1998, as amended at
64 FR
3213, Jan. 21, 1999]

Sec. 212.11 Issuance of statement of authorization.
(a) The Department will issue a statement of
authorization if it finds that the proposed charter flight, part
charter, or wet lease meets the requirements of this part and
that it is in the public interest. Statements of authorization
may be conditioned or limited. (b) In determining the
public interest the Department will consider (but not be
limited to) the following factors:
(1) The extent to which the authority sought to covered
by and consistent with bilateral agreements to which the
United States is a party.
(2) The extent to which an applicant foreign air carrier's
home country (and, in the case of a long-term wet lease, the
lessee's home country) deals with U.S. air carriers on the
basis of substantial reciprocity.
(3) Whether the applicant or its agent has previously
violated the provisions of this part.
(4) Where the application concerns a long-term wet lease:
(i) Whether the lessor (applicant) or its agent or the lessee
(charterer) or its agent has previously violated the
provisions of the Department's charter regulations.
(ii) Whether, because of the nature of the arrangement
and the benefits involved, the authority sought should be the
subject of a bilateral agreement.
(iii) To what extent the lessor owns and/or controls the
lessee, or is owned and/or controlled by the lessee.
(c) The Department will submit any denial of an
authorization specifically required of a foreign air carrier
under Sec. 212.9(d) to the President of the United States at
least 10 days before the proposed departure. The denial will

be subject to stay or disapproval by the President within 10
days after it is submitted. A shorter period for Presidential
review may be specified by the Department where the
application for authorization is not timely or properly filed.
Denial of a late-filed application need not be submitted to
the President. For the purposes of this paragraph, an
application filed by a foreign air carrier under Sec. 212.9(d)
to conduct a cargo charter will be considered as timely filed
only if it is filed at least 30 calendar days before the
proposed flight, notwithstanding the 10-day filing
requirement for cargo charters in Sec. 212.10(d)(3).
(d) The Department will publish notice of its actions on
applications for statements of authorization in its Weekly
List of Applications Filed. Interested persons may upon
request obtain copies of letters of endorsed forms advising
applicants of action taken on their applications.
Sec. 212.12 Waiver.
The Department may grant a waiver of any of the
provisions of this part upon a finding that such waiver is in
the public interest. A certificated or foreign air carrier may
request a waiver by filing a written application with the
Department, citing the specific provision to be waived and
providing justification for such waiver.
Appendix A to Part 212--Certificated or Foreign Air
Carrier's Surety Bond Under Part 212 of the Regulations of
the Department of Transportation (14 CFR Part 212)
Know all persons by these presents, that we
____________________ (Name of certificated or foreign
air carrier) of ____________________, (City)
____________________ (State or Country) as Principal
(hereinafter called Principal), and _________________
(name of Surety) a corporation created and existing under
the laws of the State of ________________ (State) as Surety
(hereinafter called Surety) are held and firmly bound unto
the United States of America in an unlimited amount, as
required by 14 CFR 212.8, for which payment, well and
truly to be made, we bind ourselves and our heirs, executors,
administrators, successors, and assigns, jointly and
severally, firmly by these presents.
Whereas the principal, a certificated air carrier holding a
certificate of public convenience and necessity issued under
49 U.S.C. 41102, or a foreign air carrier holding a foreign
air carrier permit issued under 49 U.S.C. 41302 or an
exemption issued under 49 U.S.C. 40109 authorizing that
foreign air carrier to engage in charter trips in foreign air
transportation, is subject to rules and regulations of the
Department of Transportation relating to security for the
protection of charterers of civil aircraft and has elected to
file with the Department of Transportation such a bond as
will guarantee to the United States Government the
performance of all charter trips (other than cargo charter
trips) originating in the United States and of all Overseas
Military Personnel Charters, as defined in 14 CFR part 372,

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to be performed, in whole or in part, by such certificated or
foreign air carrier pursuant to contracts entered into by such
carrier after the execution date of this bond, and
Whereas this bond is written to assure compliance by the
Principal with rules and regulations of the Department of
Transportation relating to security for the protection of
charterer of civil aircraft for charter trips (other than cargo
charters) originating in the United States or of Overseas
Military Personnel Charter trips and shall inure to the
benefit of any and all such charterers to whom the Principal
may be held legally liable for any of the damages herein
described.
Now, therefore, the condition of this obligation is such
that if the Principal shall pay or cause to be paid to such
charterer any sum or sums for which the Principal may be
held legally liable by reason of the Principal's failure
faithfully to perform, fulfill, and carry out all contracts made
by the Principal while this bond is in effect for the
performance of charter trips (other than cargo charter trips)
originating in the United States and of Overseas Military
Personnel Charter trips, then this obligation shall be void,
otherwise to remain in full force and effect.
The liability of the Surety shall not be discharged by any
payment 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 rendered, and payments made by said
Surety under this bond.
This bond is effective the ______ day of _______,
________, 12:01 a.m., standard time at the address of the
Principal as stated herein and shall continue in force until
terminated as hereinafter provided. The Principal or the
Surety may at any time terminate this bond by written notice
to the Department of Transportation at its office in
Washington, D.C., such termination to become 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 described which arise
as the result of any contracts for the performance of air
transportation services made by the Principal after the
termination of this bond becomes effective, as herein
provided, but such termination shall not affect the liability
of the Surety hereunder for the payment of any such
damages arising as the result of contracts for the
performance of air transportation services made by the
Principal after the termination of this bond becomes
effective. 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 charterer's advance payments are secured by
this bond give written notice of claim to the certificated or
foreign air carrier, or, if it is unavailable, to the Surety, and
all liability on this bond for such charter trip shall
automatically terminate sixty (60) days after the termination
date thereof except for claims filed within the time provided

herein.
In witness whereof, the said Principal and Surety have
executed this instrument on the ______ day of _________,
________.
Principal
Name_________________________________________
By: Signature and
title__________________________________________
Witness_______________________________________
Surety
Name_________________________________________
By: Signature and
title__________________________________________
Witness_______________________________________
Bonding or surety company must be listed in Best's
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 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--Certification 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 Department of Transportation (14 CFR
Part 212)
I declare under penalty of perjury under the laws of the
United States of America that the foregoing is true and
correct.

02/03/2006
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