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the Board a currently effective tariff (2) Between the 48 contiguous States I showing all rates, fares, and charges for and Europe-Seaboard World Airlines,
such charter trips and other special Inc. services, and showing the rules, regula- (3) Between the 48 contiguous States tions, practices, and services in connec- and Puerto Rico-Airlift International, tion with such transportation.
Inc. § 207.5 Limitation on amount of charter
(4) Between the 48 contiguous States trips which may be performed by
on the one hand and the Caribbean, Cencombination carriers.
tral and South America on the other
hand-Aerovias Sud Americana, Inc. (a) Prior to January 1, 1965, a com
(ER-419, 29 F.R. 13249, Sept. 24, 1964, as : bination carrier shall not during any
amended by ER-422, 29 F.R. 14105, Oct. 14, 1 calendar quarter perform off-route 1964) charters which in the aggregate, on a revenue plane-mile basis, exceed 212 § 207.7 Charter trips and other special percent of the revenue plane miles flown
services within the State of Alaska. by it in scheduled air transportation An air carrier shall not perform any during the preceding 12-month period. charter trip or other special service in
(b) Effective January 1, 1965, a com- interstate air commerce within the State bination carrier shall not during any of Alaska. calendar year perform off-route charter trips which in the aggregate, on a reve
§ 207.7a Restriction on frequency and nue plane-mile basis, exceed two per
regularity of off-route charter trips E: cent of the base revenue plane miles
and other special services. flown by it during the preceding calen- No air carrier shall perform off-route dar year.
Hawaiian, transatlantic or transpacific
charter trips, or any other off-route § 207.6 All-cargo carriers: limitation on
charter trips between any pair of points, amount of charter trips which may be performed.
or special services between any pair of
points: (a) Prior to January 1, 1965, an all- (a) In excess of a total of eight (8) cargo carrier shall not during any cal- flights in the same direction during any endar quarter perform off-route char
period of four successive calendar weeks, ters which in the aggregate, on a reve- (b) In the same direction on the same nue plane-mile basis, exceed 212 percent day of two or more successive calendar of the revenue plane miles flown by it in weeks, scheduled air transportation during the (c) In excess of a total of three (3) preceding 12-month period: Provided, fights in the same direction during any however, That an all-cargo carrier shall
period of two successive calendar weeks be permitted to perform off-route cargo unless such period is followed by a break charters within its area of operations of at least one calendar week during without any limitation as to volume of
which no flights are operated in such service.
market or between such points, (b) Effective January 1, 1965, an all- (d) Which are so arranged as to result cargo carrier shall not during any cal- in the observance of breaks required by endar year perform off-route charters
paragraph (c) of this section at regularly which in the aggregate, on a revenue
recurring intervals, or plane-mile basis, exceed two percent of (e) Which are so arranged as to result the base revenue plane miles flown by it
in any uniform pattern or normal conduring the preceding calendar year: sistency of operations: Provided, however, That an all-cargo Carrier shall be permitted to perform off
Provided, That the restrictions imposed route cargo charters within its area of
by this section shall not be applicable operations without any limitation as to
to off-route cargo charters performed by
an all-cargo carrier within its area of volume of service.
operations as set forth in § 207.6. LES (c) Within the meaning of para
(ER-443, 30 F.R. 11382, Sept. 8, 1965) graphs (a) and (b) of this section, the areas of operations of the all-cargo car
§ 207.8 Notice of proposed special servriers are the following:
ices. (1) Within the 48 contiguous States- No air carrier shall perform any speSlick Airways, Inc.; Flying Tiger Line, cial service in interstate, overseas or forInc.; and Airlift International, Inc. eign air transportation unless at the time
of filing of a tariff applicable to such special service or at the time of filing of an application for a special tariff permission, such air carrier shall have submitted to the Board a statement setting forth a full description of the proposed service and shall have mailed copies thereof to the air carriers authorized by certificates of public convenience and necessity to render service to any point designated to receive the proposed special service. The proposed special service shall not be inaugurated if prior to the effective date of the tariff applicable to such special service, or at the time of action on the application for special tariff permission, the Board shall have notified such air carrier that the performance of such special service does not appear to be consistent with the public interest. § 207.9 Passenger names and addresses.
Each air carrier shall maintain a record of the names and addresses of all passengers transported by it on each pro rata charter trip operated on-route or off-route, and in interstate or overseas air transportation. Such record shall be retained in accordance with Part 249 of this subchapter.
PART 208— TERMS, CONDITIONS
AND LIMITATIONS OF CERTIFI-
Subpart B Provisions Relating to Military
Charters 208.100 Applicability of subpart. 208.101 Minimum rates and compensation
for air transportation performed
for the military establishment. 208.102 Substitute service. 208.103 Tariffs and terms of service. Subpart C-Provisions Relating to Pro Rata
Charters 208.200 Applicability of subpart.
REQUIREMENTS RELATING TO AIR CARRIERS 208.200a Solicitation and formation of a
chartering group. 208.201 Pretrip notification. 208.202 Agent's commission. REQUIREMENTS RELATING TO TRAVEL AGENTS 208.203 Prohibition against double com
pensation. REQUIREMENTS RELATING TO THE CHARTERING
ORGANIZATION 208.210 Solicitation of charter participants. 208.211 Passengers on charter flights. 208.212 Participation of immediate fami.
lies in charter flights. 208.213 Charter costs. 208.214 Statements of charges. 208.215 Passenger manifests. Subpart D-Provisions Relating to Single Entity
Charters 208.300 Applicability of subpart. 208.301 Tariffs and terms of service. 208.302 Commissions paid to travel agents. Subpart - Provisions Relating to Mixed Charters 208.400 Applicable rules.
AUTHORITY: The provisions of this part 208 issued under sec. 204, 72 Stat. 743, 766, secs. 401(d) (3), 401(n), 407, 417, 76 Stat. 143, 144, 145, 146; 49 U.S.C. 1324, 1371 (d) (3), 1371 (n), 1377, 1387.
SOURCE: The provisions of this Part 208 contained in ER-454, 31 F.R. 4772, Mar. 22, 1966, unless otherwise noted.
Subpart A-General Provisions § 208.1 Applicability.
This part contains terms, conditions and limitations on the operating authority of supplemental air carriers, includ
Subpart A-General Provisions Sec. 208.1 Applicability. 208.2 Separability. 208.3 Definitions. 208.3a Waiver. 208.4 Passenger names and addresses.
LIABILITY INSURANCE REQUIREMENTS 208.10 Applicability of liability insurance
requirements. 208.11 Minimum limits of liability. 208.12 Terms and conditions of insurance
coverage. 208.13 Authorized exclusions of liability. 208.14
Filing of certificates, endorse
ments, and notices. 208.15 Compliance.
MINIMUM EXTENT OF SERVICE 208.25 Minimum service requirements.
OPERATIONS AND TARIFFS 208.30 Prohibited advertising. 208.31 Prohibited control of a supple
mental air carrier. 208.31a Written agreements with ticket
ing substantive regulations implementing paragraphs (1), (2), (3) of section 401(n) of the Act. The requirements of this part shall constitute terms, conditions, and limitations attached to certificates issued pursuant to section 401 (d) (3) of the Act. The requirements shall also attach to special operating authorizations issued under section 417 of the Act, and to interim certificates or authorizations issued pursuant to section 7 of Public Law 87-528. $ 208.2 Separability.
If any provision of this part or the application thereof to any air transportation, person, class of persons, or circumstance is held invalid, neither the remainder of the part nor the application of such provision to other air transportation, persons, classes of persons, or circumstances shall be affected thereby. 208.3 Definitions. For the purposes of this part:
(a) “Filing” shall mean filing in compliance with $ 302.3(a) of this chapter except that provisions in this part which require filing with Board offices other than the Docket Section shall be con-trolling.
(b) "Supplemental air carrier" shall mean air carrier holding a certificate issued under section 401(d) (3) of the Federal Aviation Act of 1958, as amended, or a special operating authorization issued under section 417 of the Federal Aviation Act, or operating authority issued pursuant to section 7 of Public Law 87-528.
(c) “Supplemental air transportation” (other than operations subject to Part 295 of this subchapter) means charter flights in air transportation performed pursuant to (1) an interim cer* tificate or authorization issued under section 7 of Public Law 87-528, or (2) a certificate of public convenience and necessity issued under section 401 (d) (3) of the Act authorizing the holder to engage in supplemental air transportation of persons and property between any point in any State of the United States or the District of Columbia, and any other point in any State of the United States or the District of Columbia (exclusive of air transportation within the State of Alaska) or in foreign or overseas supplemental air transportation.
(d) “Agreement” means any oral or written agreement, contract, under
standing, or arrangement, and any amendment, revision, modification, renewal, extension, cancellation, or termination thereof.
(e) “Cargo agent” means any person (other than a supplemental air carrier or one of its bona fide regular employees or an indirect air carrier lawfully engaged in air transportation under authority conferred by any applicable part of the economic regulations of the Board) who for compensation or profit (1) solicits, obtains, receives, or furnishes directly or indirectly,
property or consolidated shipments of property for transportation upon the aircraft of supplemental air carriers; or (2) procures or arranges for air transportation of property or consolidated shipments of property upon aircraft of a supplemental air carrier by charter, lease, or any other arrangement.
(g) "Ticket agent” means any person (other than a supplemental air carrier or one of its bona fide regular employees) who for compensation or profit (1) solicits, obtains, receives, or furnishes directly or indirectly, passengers or groups of passengers for transportation upon the aircraft of a supplemental air carrier; or (2) procures or arranges for air transportation of passengers or groups of passengers upon aircraft of a supplemental air carrier by charter, lease, or any other arrangement.
(h) “Pro rata charter" means a charter, the cost of which is divided among the passengers transported.
(i) "Single entity charter" means a charter, the cost of which is borne by the charterer and not by individual passengers, directly or indirectly.
(j) “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.
(k) "Person” means any individual, firm, association, partnership, or corporation.
(1) “Travel agent” means any person engaged in the formation of groups for transportation or in the solicitation or sale of transportation services.
(m) “Charter group" means that body of individuals who shall actually participate in the charter flight.
(n) “Charter organization" means that organization, group, or other entity from whose members (and their immediate families) a charter group is derived.
(0) "Immediate family” means only time the organization first gives notice the following persons who are living in to its members of firm charter plans. the household of a member of a charter This presumption will not be applicable organization, namely, the spouse, de- in the case of charters composed of (1) pendent children, and parents, of such students and educational staff of a single member.
school, and immediate families thereof, (p) "Solicitation of the general pub- (2) employees of a single Government lic" means:
agency, industrial plant, or mercantile (1) A solicitation going beyond the establishment, and immediate families bona fide members of an organization thereof, or (3) participants in a study (and their immediate families). This group. In the case of all other charters, includes air transportation services of- rebuttal to this presumption may be fered by an air carrier under circum- offered for the Board's consideration by stances in which the services are adver- request for waiver. tised in mass media, whether or not the (r) [Reserved] advertisement is addressed to members (s) "Charter flight” (other than of a specific organization, and regardless transportation pursuant to authority of who places or pays for the advertising. conferred under section 7 of Public Law Mass media shall be deemed to include 87–528) meansradio and television, and newspapers and (1) Air transportation of persons magazines. Advertising in such media and/or property pursuant to contracts as newsletters or periodicals of member- with the Department of Defense where ship organizations, industrial plant the entire capacity of one or more airnewsletters, college radio stations, and craft has been engaged by the Departcollege newspapers shall not be consid- ment, and ered advertising in mass media to the (2) Air transportation performed by extent that
a direct air carrier on a time, mileage or (i) The advertising is placed in a trip basis where medium of communication circulated (i) The entire capacity of one or more mainly to members of an organization aircraft has been engaged for the movethat would be eligible to obtain charter ment of persons and propertyservice, and
(a) By a person for his own use (in(ii) The advertising states that the cluding a direct air carrier when such charter is open only to members of the aircraft is engaged solely for the transorganization referred to in subdivision portation of company personnel or com(i) of this subparagraph, or only to mem- pany property, or in cases of emergency, bers of a subgroup thereof. In this con
of commercial traffic); text, a subgroup shall be any group with
(b) By a person (no part of whose membership drawn primarily from
business is the formation of groups or members of the organization referred to the consolidation of shipments for transin subdivision (i) of this subparagraph:
portation or the solicitation or sale of Provided, That this paragraph shall not transportation services) for the transbe construed as prohibiting air carrier
portation of a group of persons and/or advertising which offers charter services
their property, as agent or representato bona fide organizations, without ref
tive of such group; erence to a particular organization or
(c) By two or more persons acting flight.
jointly for the transportation of them(2) The solicitation, without limita
selves and/or their property or a group tion, of the members of an organization of persons and/or their property; so constituted as to ease of admission to (d) By an indirect air carrier authormembership, and nature of membership, ized by the Board to charter aircraft as to be in substance more in the nature from such direct air carrier (see e.g., of a segment of the public than a private Part 378 of this chapter); or entity.
(ii) Less than the entire capacity of (q) "Bona fide members" means those
an aircraft has been engaged for the members of a charter organization who have not joined the organization merely
movement of persons and their personal
baggageto participate in the charter as the result of solicitation directed to the general
(a) By a person for his own use (inpublic. Presumptively persons are not
cluding a direct air carrier when such bona fide members of a charter organi- aircraft is engaged solely for the transzation unless they are members at the portation of company personnel and their personal baggage, or in cases of emer- than 30 days prior to the flight to which i gency, of commercial passenger traffic); it relates provided such a waiver is in the
(6) By a person (no part of whose public interest and it appears to the business is the formation of groups or Board that special or unusual circumthe consolidation of shipments for trans- stances warrant a departure from the portation or the solicitation or sale of provisions set forth herein. Notwithz transportation services) for the trans- standing the foregoing, waiver applica
portation of a group of persons and their tions filed less than 30 days prior to a personal baggage, as agent or representa- flight may be accepted by the Board in tive of such group;
emergency situations in which the cir(c) By two or more persons acting cumstances warranting a waiver did not jointly for the transportation of them- exist 30 days before the flight. selves and their personal baggage or a (ER-462, 31 F.R. 6620, May 4, 1966) group of persons and their personal baggage;
§ 208.4 Passenger names and addresses. Provided That, with respect to subdivi
Each supplemental air carrier shall
maintain a record of the names and adsion (ii), a maximum of three groups
dresses of all passengers transported by may be chartered on one aircraft and
it on each pro rata charter trip operated each group shall consist of 40 or more
in interstate or overseas air transportapassengers; and Provided, further, That subdivision (ii) shall not be construed to
tion. Such record shall be retained in
accordance with Part 249 except that it apply to movements of property and shall not be construed to apply to the
may be maintained at either the princicharter of less than the entire capacity
pal office or principal operations base of
the carrier. of an aircraft by an indirect air carrier.
(1) In the case of air carriers author- LIABILITY INSURANCE REQUIREMENTS ized pursuant to section 7 of Public Law
§ 208.10 Applicability of liability insur87-528, the term “charter flights” means
ance requirements. charter trips as defined in such carriers' interim certificates or authorizations.
(a) No supplemental air carrier shall (2) A supplemental air carrier may
engage in air transportation unless such utilize any unused space for the trans- carrier has and maintains in effect lia- portation of the carrier's own personnel bility insurance coverage evidenced by a and property, with the consent of the currently effective certificate of liability I charterer or charterers.
insurance filed with and accepted by the (t) "Substitute service" means the Board as complying with the requireperformance by an air carrier of foreign
ments of this part; and no supplemental or overseas air transportation, or air carrier shall operate in air transportatransportation between the 48 contigu- tion any aircraft, or perform services ous States, on the one hand, and the within any geographical area, to which State of Alaska or Hawaii, on the other such insurance does not apply. "Insurhand, in planeload lots pursuant to an ance certificate," as used herein, means agreement with another air carrier to one or more than one certificate, evifulfill such other air carrier's contract- dencing one or more than one policy of ual obligation to perform such air trans
aircraft liability insurance properly enportation for the Department of Defense dorsed, issued by one or more than one and when the performance of such air
insurer, which alone or in combination transportation is not to take place dur- provides the minimum coverage preing a period longer than 3 weeks.
scribed in § 208.11. When more than one - (u) “Indirect air carrier" means any
insurer is involved in providing the - citizen of the United States who engages
minimum coverage prescribed herein, indirectly in air transportation including the limits and types of liability assumed airfreight forwarders and tour operators.
by each insurer shall be clearly stated in = (BR-454, 31 F.R. 4772, Mar. 22, 1966, as
the certificate of insurance. amended by ER-474, 31 F.R. 12947, Oct. 5, (b) The insurance coverage and cer1966]
tificate required by this part shall be § 208.3a
obtained from a reputable and financially Waiver.
responsible insurance company or assoA waiver of any of the provisions of ciation which is legally authorized to isthis part may be granted by the Board sue aircraft liability policies in one or upon the submission by an air carrier more States of the United States or in of a written request therefor not less the District of Columbia.