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10. On what date was the charter contract executed?

11. If the charter is pro rata, has a copy of Part 208 of the Civil Aeronautics Board's Economic Regulations been mailed to or delivered to the prospective charterer? Yes [ ] No [ ]

Part II-To be completed for pro rata or mixed charters only.

Section A-To be supplied by travel agent, or where none, by the air carrier or an affiliate under its control where either of the latter performs or provides any travel agency function or service (excluding air transportation sales but including land

tour arrangements).

1. What specific services have been or will be provided by agent to charterer on a group basis?

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2. What specific services have been or will be provided by agent to individual participants in the proposed charter?

3. Has the agent or, to his knowledge, have any of his principals, officers, directors, associates or employees compensated any member of the chartering organization in relation either to the proposed charter flight or any land tour? Yes [] No [ ]

4. Does the agent have any financial interest in any organization rendering services to the chartering organization? Yes [ ]

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Any air carrier, or any officer, agent, employee, or representative thereof, who shall, knowingly and willfully, fail or refuse... to keep or preserve accounts, records, and memoranda in the form and manner prescribed or approved by the Board. . ., or shall, knowingly and willfully, falsify, mutilate, or alter any such report, account, record, or memorandum shall be deemed guilty of a misdemeanor and, upon conviction thereof, be subject for each offense to a fine of not less than $100 and not more than $5,000. Title 49 U.S.C., § 1472(e).

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Whoever, in any matter within the jurisdition of any department or agency of the United States, knowingly and willfully falsifies, conceals, or covers up by any trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years, or both. Title 18, U.S.C., § 1001,

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7. Attach list of prospective passengers (including "standbys" and one-way passengers designated as such), showing for each: (a) Name and address; (b) Relationship of such person to chartering organization, i.e., member, spouse, dependent child, parent or "special" (a person whose proposed participation in the charter flight was permitted by the Board pursuant to request for waiver); (c) If such person is related to a member who is not a prospective passenger, the member's name and address; and (d) Date member joined or last renewed a lapsed membership. (Note: This is a list of prospective passengers and does not necessarily have to represent the passengers actually to be carried. The list is to be amended, if passengers are dropped or added before flights and the certification required by § 208.215 must be attached to the list.)

8. What are requirements for participation in charter?

9. How were prospective participants for charter solicited (attach any solicitation material)?

10. Will there be any participants in the charter flight other than (1) members of the chartering organization or (2) spouse, dependent children, and parents of a member of the chartering group residing in the same household with the member? Yes [ ] No [ ]

11. Will there be any members of the charter organization participating in the charter who will have been members of the organization for a period of less than 6 months prior to flight date? Yes [ ] No If answer is "yes," give names of participants who will not have been members for 6 months:

12. If there is any intermediary involved in the charter, other than the travel agent whose participation is described in Part II, Section A, submit name, address, remuneration, and scope of activity:

Not applicable to school charters, nor to charters limited to employees of a single Government agency, industrial plant or mercantile company.

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(Name) (Name)

represent and warrant that the charterer has acted with regard to this charter operation explained in Part II, Section B), and will act with regard to such operation, in a manner consistent with Part 208 of the Board's Economic Regulations. I (we) further represent and warrant that the charterer has not offered charter flights simultaneously with the solicitation of membership in the chartering organization in any mass media advertising or notice or through direct mailing or public posters. I (we) further represent and warrant that all charter participants have been informed of eligibility and cost requirements of Part 208 and that a flight may be canceled if ineligible participants are included.

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• Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisonment not more than 5 years, or both. Title 18, U.S.C., § 1001.

Any air carrier, or any officer, agent, employee, or representative thereof, who shall, knowingly and willfully, fail or refuse

to keep or preserve accounts, records, and memoranda in the form and manner pre

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211.5

General provisions regarding contents. AUTHORITY: The provisions of this Part 211 issued under secs. 204, 402, 72 Stat. 743, 757; 49 U.S.C. 1824, 1872.

§ 211.1 Formal requirements.

Applications for permits to engage in foreign air transportation under the terms of section 402 of the act (called foreign air carrier permits in this part) shall meet the requirements set forth in § 302.3 of this chapter as to execution, number of copies, formal specifications of papers, and verifications, except that Canadian operators filing applications for foreign air carrier permits authorizing casual, occasional and infrequent flights with small aircraft across the Canada-United States borders shall file one original and seven true copies of

or

scribed or approved by the Board * shall, knowingly and willfully, falsify, mutilate, or alter any such report, account, record, or memorandum * * * shall be deemed guilty of a misdemeanor and, upon conviction thereof, be subject for each offense to a fine of not less than $100 and not more than $5,000. Title 49 U.S.C. § 1472(e).

Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifiles, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years, or both. Title 18, U.S.C., § 1001,

the application. The vertifications shall be subscribed and sworn to before a Notary Public or other officer authorized to administer oaths in the jurisdiction in which such application is executed. Notwithstanding the laws of the country of applicant's citizenship, an application verified before a United States consular officer will be deemed to have met the requirements of this section. All pages of an application shall be consecutively numbered, and the application shall clearly describe and identify each exhibit by a separate number or symbol. All exhibits shall be deemed to constitute a part of the application to which they are attached.

[ER-385, 28 F.R. 8283, Aug. 18, 1963] § 211.2 Filing and service.

Applications for foreign air carrier permits shall be forwarded to the Board, through diplomatic channels, by the government of the applicant's country of citizenship, and shall be deemed to have been filed on the date such applications are actually received by the Board: Provided, That applications by Canadian operators for foreign air carrier permits authorizing casual, occasional and infrequent flights with small aircraft across the Canada-United States borders shall be filed directly with the Board. Each applicant shall furnish such additional copies of its application, and shall make such service thereof upon such other persons as the Board may at any time require.

[ER-385, 28 F.R. 8283, Aug. 13, 1963]

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Any information which the Board may request of an applicant subsequent to receiving its application, or any information whch the appicant deems appropriate to submit thereafter, shall be furnished in the form of an amendment to the original application. All amendments to applications shall be consecutively numbered and shall comply with the requirements of this part as to form, number of copies, verification, and in all other essential respects.

[ER-146, 14 F.R. 3528, June 29, 1949]

§ 211.4 Incorporation by reference.

In general it is desirable that incorporation by reference shall be avoided. However, where two or more applications are filed by a single carrier, lengthy exhibits or other documents attached to one may be incorporated in the others

by reference if that procedure will substantially reduce the cost to the applicant. Canadian operators filing applications for renewal of previously granted foreign air carrier permits authorizing casual, occasional and infrequent flights across the Canada-United States borders with small aircraft may incorporate by reference supporting documents previously submitted in connection with their applications for original 402 permits where no substantial changes have occurred since the filing of the orignal documents.

[ER-385, 28 F.R. 8234, Aug. 13, 1963]

§ 211.5 General provisions regarding

contents.

The statements contained in an application shall be restricted to significant and relevant facts. They shall be free from argumentation or from expressions of opinion, except as such may be required by this part. Each application shall give full and adequate information with respect to each of the items set forth in this section. The application may contain such other information and data as the applicant shall deem necessary or appropriate in order to acquaint the Board fully with the particular circumstances of its case. Among other things, every such application shall contain the following information:

(a) The full name and address of the applicant, the nature of its organization (individual, partnership, corporation, etc.), and, if other than an individual, the name of the country under the laws of which it is organized and the statutory citation of such laws, if any. The citizenship of the applicant should be shown, as well as the percentage of direct and indirect beneficial and nonbeneficial interest in applicant held by each government and aggregate of nationals of each government, other than the government of applicant's citizenship. If the applicant is governmentally owned or controlled in whole or in part, the extent of such governmental ownership or control should be shown.

(b) The name and official address of the competent air authority of applicant's country of citizenship having regulatory jurisdiction over applicant.

(c) An identification of the route or routes to be covered by the permit for which application is made, specifying the type or types of service (mail, passenger, and property) to be rendered

on each such route, and whether or not such services are to be rendered in scheduled operations. The identification of each route shall name every terminal and intermediate point to be served by applicant in connection with the service for which a permit is sought.

(d) A map (which may be attached as an exhibit) drawn approximately to scale, showing all terminal and intermediate points, both in the United States and in all foreign countries to be served by applicant in connection with the service for which the permit is sought, giving the approximate air mileages between all adjacent points, and principal overall distances.

[ER-146, 14 F.R. 3528, June 29, 1949, as amended by ER-367, 27 F.R. 11533, Nov. 24, 1962]

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212.60 Applicable rules.

AUTHORITY: The provisions of this Part 212 issued under secs. 204(a), 402, 403, 404 (b), 411, 72 Stat. 743, 757, 758 (as amended by 74 Stat. 445), 760, 769; 49 U.S.C. 1324, 1372, 1373, 1374, 1381.

SOURCE: The provisions of this Part 212 contained in ER-686, 36 F.R. 7449, Apr. 20, 1971, unless otherwise noted.

Subpart A-General Provisions
Definitions.

§ 212.1

For the purposes of this part: "Charter flight" means air transportation performed pursuant to § 212.8.

"Charter group" means that body of individuals who actually participate in the charter flight.

"Charter organization" means that organization, group, or other entity from whose members (and their immediate families) a charter group is derived.

"Charter trip" means air transportation performed pursuant to § 212.8.

"Mixed charter" means a charter, the cost of which is borne, or pursuant to contract may be borne, partly by the charter participants and partly by the charterer.

"Off-route charter trip" means any charter trip which is not an "on-route charter trip."

"On-route charter trip" means a charter trip in foreign air transportation performed by a foreign air carrier between points between which it holds authority under a foreign air carrier permit to engage in foreign air transportation on an individually ticketed or individu

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