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§ 244.4 Waiver.

A waiver of any provision of this regulation may be granted by the Board upon its own initiative or upon the submission by an indirect air carrier of a written request therefor, provided that such a waiver is in the public interest and it appears to the Board that temporary or particular conditions warrant a departure from the provisions set forth herein. § 244.5 Separability.

If any provision of this part or the application thereof to any indirect air carrier or circumstance is held invalid, the remainder of this part and the application of such provision to other indirect air carriers or circumstances shall not be affected thereby.

Subpart B-Financial, Operating and

Insurance Reports by Freight For

warders § 244.10 General.

(a) Each freight forwarder shall prepare and file, in duplicate, CAB Form 244 ? entitled “Report of Air Freight Forwarders and Internatior.al Air Freight Forwarders”, in accordance with the requirements of this part and the instructions set forth in such form which is incorporated herein and annexed hereto.

(b) The aforesaid report consists of a statement of certification and individual schedules to be filed therewith at various specified times. These schedules are identified as follows:

(1) Schedule B, Balance Sheet; P, Statement of Profit and Loss; T-1, Operating Statistics; T-2, Station Data; and T-3, Traffic Flow Data; all to be filled semiannually.

(2) Schedule G-1, General Officers and Directors, List of Stockholders; and G-2, Corporate and Securities Data; Investments in Other Companies; both to be filed annually.

(3) Schedule I, Statement of Insurance Coverage; to be filed semiannually and after any change in the data reported.

(c) The aforesaid schedules and certification shall be filed so as to be received by the Civil Aeronautics Board within forty-five (45) days after the termination of each prescribed Semiannual and annual period and, with respect to Schedule I, also within thirty (30) days after a change relative to insurance data previously reported. All documents filed in connection with the report shall be considered a part thereof and included within the certification pertaining to the report. The reports shall be addressed to the Board, attention of the Office of Carrier Accounts and Statistics. § 244.11 Report certification.

Each filing of CAB Form 244 schedules shall be accompanied by a signed statement by the official in charge of the carrier's accounts certifying that all schedules and supporting documents submitted therewith or previously thereco as parts of the particular report were prepared by him or under his direction, that he has carefully examined them and that they correctly reflect the accounts and records of the carrier and are complete and accurate to the best of his knowledge and belief. The statement of certification appears on the face sheet of the report form and shall apply to all CAB Form 244 schedules and documents filed therewith. The original of the certification shall be accompanied by a conformed copy thereof. § 244.12 Balance sheet (Schedule B).

(a) The balance sheet, which is designated as Schedule B of CAB Form 244, shall be prepared as of June 30 and December 31 of each year and be filed with the Board as provided in § 244.10.

(b) Schedule B shall reflect the balances of all the assets and the liabilities and capital of the reporting forwarder. Assets shall be subdivided into current assets, property and equipment, and other assets. Liabilities shall be subdivided into current liabilities, longterm debt, and other liabilities. All the aforestated categories shall be further subdivided into their principal components as shown by Schedule B and the instructions thereon. § 244.13 Statement of profit and loss

(Schedule P). (a) The statement of profit and loss, which is designated as Schedule P of

2 CAB Form 244, filed as part of original document, may be obtained from the Publications Section, Civil Aeronautics Board, Washington 25, D.C.

CAB Form 244, shall be prepared for each semiannual period ending June 30 and December 31 of each year and be filed with the Board as provided in $ 244.10.

(b) Schedule P shall reflect the revenues and expenses of the reporting forwarder with separation as between domestic and overseas/foreign operations if both are engaged in. Both revenues and expenses shall be divided as between those derived from air freight forwarding and those from other operations, and further subdivided into their principal components as shown by Schedule P and the instructions thereon. § 244.14 Operating statistics (Schedule

T-1). (a) The schedule of operating statistics, which is designated as Schedule T-1 of CAB Form 244, shall be prepared for each semiannual period ending June 30 and December 31 of each year and be filed with the Board as provided in $244.10.

(b) Schedule T-1 shall be prepared and filed only by freight forwarders whose gross air freight forwarding reve. nues (item 4 of Schedule P) exceed $50,000 for the 12-month period ending on the same date as the semiannual period covered by the particular report. † (c) Schedule T-1 shall cover where applicable both domestic and overseas/ foreign air operations. With respect to air freight forwarding operations of the forwarder, the schedule shall reflect the number and weight of (1) all consolidations tendered by the freight forwarder to each class of direct air carrier for transportation by charter and otherwise, (2) all consolidations tendered under joint loading arrangements, and (3) all shipments received from shippers for forwarding. With respect to other air operations by the forwarder, the schedule shall reflect the number and weight of all shipments tendered by the reporting carrier to direct air carriers in a capacity other than as a freight forwarder (air cargo sales agent, shipper's agent, or other capacity). All the aforestated categories shall be itemized and subdivided as shown by Schedule T-1 and the instructions thereon. § 244.15 Station data (Schedule T-2).

(a) The schedule of station data, which is designated as Schedule T-2 of

CAB Form 244, shall be prepared for each semiannual period ending June 30 and December 31 of each year and be filled with the Board as provided in 244.10.

(b) Schedule T-2 shall be filed only by carriers whose gross air freight forwarder revenues (item 4 of Schedule P) exceed $50,000 for the 12-month period ending on the same date as the semiannual period covered by the particular report.

(C) Schedule T-2 shall cover the traffic volume handled by the reporting forwarder at each originating air station in domestic and overseas/foreign air freight forwarding operations where applicable. For each originating air station, report the total number of all air shipments received from shippers at such station (not including shipments being reconsolidated) and the total number and weight of all consolidations made to direct air carriers, or freight forwarders in the case of joint loading, at such station (including reconsolidations that is, air freight which has previously been consolidated, in the air freight forwarding operations of the reporting forwarder, and tendered to a direct air carrier, or freight forwarder in the case of joint loading). This data shall be reported as shown by Schedule T-2 and the instructions thereon. § 244.16 Traffic flow data (Schedule

T-3). (a) The schedule of traffic flow data, which is designated as Schedule T-3 of CAB Form 244, shall be prepared for each semiannual period ending June 30 and December 31 of each year and be filed with the Board as provided in $ 244.10.

(b) Schedule T-3 shall reflect the main routings of consolidations handled by the reporting forwarder in both domestic and overseas/foreign air freight forwarding operations where applicable. The reporting forwarder shall list on this Schedule, in descending order of importance, the ten pairs of air stations representing the largest directional traffic flow based upon the total weight of air consolidations tendered to direct air carriers (or freight forwarders in the case of joint loading) and transported between such stations, in one direction. There shall also be listed the total tonnage of consolidations moving between

each of the ten pairs in such direction. The aforesaid data shall be reported as shown by Schedule T-3 and the instructions thereon. 244.17 General officers and directors,

list of stockholders (Schedule G-1). (a) The schedule relating to general officers, directors and stockholders, which is designated as Schedule G-1 of CAB Form 244, shall be prepared as of December 31 of each year and filed with the Board as provided in § 244.10.

(b) Schedule G-1 shall identify, in cases where the reporting forwarder is & corporation, those officers and directors whose positions are elective and their ownership of the reporting forwarder's securities. This schedule shall also identify all persons holding more than five percent of the reporting forwarder's outstanding capital stock or, in cases of unincorporated business enterprises, more than five percent of the total invested capital, and the holdings of each such person. The above-mentioned persons and their holdings shall be identified in the manner set forth in Schedule G-1 and the instructions thereon. § 244.18 Corporate and securities data,

investments in other companies

(Schedule G-2). (a) The schedule relating to corporate and securities data and investments in other companies, which is designated as Schedule G-2 of CAB Form 244, shall be prepared as of December 31 of each year and filled with the Board as provided in $ 244.10.

(b) Schedule G-2 shall reflect the exact name of the forwarder and, as applicable, the date and place of incorporation, date of charter termination, the date and place of annual meetings, and a complete statement of any corporate change and a description of any outstanding options to purchase the reporting forwarder's securities. This schedule shall also reflect the holdings of the reporting forwarder in other companies. The above-mentioned information shall be reported as specifically indicated by Schedule G-2 and the instructions thereon. § 244.19 Statement of insurance cover

age (Schedule I). (a) The statement of insurance coverage, which is designated as Schedule I

of CAB Form 244, shall be prepared as of June 30 and December 31 of each year and as of all other times when a change occurs in the insurance, self-insurance or surety bond previously reported to the Board by a freight forwarder, and shall be filed with the Board as provided in § 244.10.

(b) Schedule I shall reflect the reporting forwarder's cargo and public liability insurance coverage under a policy, selfinsurance plan, and/or surety bond as required by Parts 296 and/or 297 of this chapter. The information to be reported is further described in Schedule I. Subpart C-Annual Reports by Co

operative Shippers Associations § 244.20

Annual report. (a) Each cooperative shippers association shall file CAB Form 244A: entitled "Annual Report of Cooperative Shippers Associations" in accordance with the requirements of this part and the instructions set forth in said form which is made a part hereof and annexed hereto.

(b) The aforesaid report shall be filed annually and in suficient time so as to be received by the Board within forty-five (45) days after the termination of the prescribed period. All documents filed in connection with the report shall be considered a part thereof and included within the certification pertaining to the report. The report shall be addressed to the Board, attention of the Office of Carrier Accounts and Statistics.

(c) This report shall contain a description of the association, the identities, and interests in the association, of its officers and directors, the identities and holdings in the association of persons with more than a five percent interest therein, investments of the association, amount of revenue earned and/or received, and the total number of shipments received during the year for carriage by air. These items shall be shown as more fully set forth on the aforesaid report form.

Subpart D-Effective Date § 244.30 Filing of reports.

This part as here amended shall become effective July 1, 1960, and shall first

* CAB Form 244A, filled as part of original document, may be obtained from the Publle cations Section, Civil Aeronautics Board, Washington 25, D.C.

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apply to the report due within 45 days after December 31, 1960: Provided, howeder, That, (a) Any Statements of Insurance Coverage, which may be due to be filed after June 30, 1960, shall be prepared and filed pursuant to the instant revision of this part; and (b) the report due within 45 days after June 30, 1960 shall be prepared and filed with the Board pursuant to the provisions of this part which became effective March 27, 1959.

NOTE: The reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. PART 245—-REPORTS OF OWNERSHIP

OF STOCK AND OTHER INTERESTS Sec. 245.1 Reports required. 245.2 Time for reporting. 246.3 Schedule of data.

AUTHORITY: The provisions of this Part 245 ssued under secs. 204, 407, 72 Stat. 743, 766; 19 U.S.C. 1324, 1377.

SOURCE: The provisions of this part 245 contained in ER-146, 14 F.R. 3540, June 29, 1949, unless otherwise noted. } 245.1 Reports required.

At the times and in the manner provided in this part, each officer and each director of each air carrier shall transnit to the Board a report describing the hares of stock or other interests held by tim in any air carrier, any person engaged in any phase of aeronautics, or iny common carrier, and in any person those principal business, in purpose or in fact, is the holding of stock in, or conrol of, air carriers, other persons ensaged in any phase of aeronautics, or common carriers. } 245.2 Time for reporting.

Not more than 30 days after such ofier or director is first elected or apJointed, a report shall be filed covering the period from January 1 of the prejeding year to the date of election or ippointment; subsequently, a report shall be filed, on or before March 1 of ach year, covering such portion of the greceding calendar year as has not been reviously reported, or the full year if le so desires. 3 245.3 Schedule of data.

The report required in g 245.1 shall be prepared in accordance with the followng schedule:

SCHEDULE I. Data as to individual reporting. The categories for which data shall be set forth are as follows:

(1) Name.
(2) Address.
(3) Principal occupation.

(4) All air carrier positions held (indicato title of position and name of alr carrier);

(5) Positions held as omcer, director, or member of:

(a) Common carriers (other than air);

(b) Enterprises engaged in any other phases of aeronautics;

(c) Enterprises whose principal business 18 that of holding securities and/or control of air carriers, common carriers, and enterprises which are engaged in any other phases of aeronautics (giving title of position and name of company or enterprise);

(6) Append the following declaration to the report:

"I hereby declare that this report, includ. ing documents attached hereto, has been examined by me, and to the best of my knowledge and belief is a true, correct, and complete report, made in good faith, for the period stated." Execute the declaration, amixing date and signature.

II. Data as to stock or other interests. The categories for which data shall be set forth are as follows:

(1) Interests held in air carriers;

(2) Interests beld in other common carriers;

(8) Interests held in any enterprise engaged in any phase of aeronautics other than air carriers;

(4) Interests held in enterprises whose principal business is that of holding securities and/or control of alr carriers, other common carriers, or enterprises which are engaged in any phase of aeronautics other than air carrier. For each 62 the foregoing categories, the following data shall be set forth:

A. Name of enterprise (corporate or otherwise) in which interest is or was held at any time during the period covered by report.

B. Class of interest, such as common stock, preferred stock, rights, options, etc.; and description of bonds, notes, or other instru. ments evidencing interest ownership. (Give names and addresses of all persons (1) by whom any part of the foregoing items were held for reporting individual, (2) for whom any part of the foregoing items were held by reporting individual, (3) who held joint interest with reporting individual in any part of the foregoing items, and state nature of the relationship and the principal business of such persons.)

C. Number of shares or amount of each Item reported under “B” beld as of the last day of the period covered by report.

D. On all items reported under "C" which equal 6 percent or more of the total outstanding amount of the same class, show such percentages.

or

E. Indicate by (yes) or (no) whether reporting individual controlled and/or exercised all the voting rights of the items reported under (B) that were held by him, for him, or held jointly with other persons during the period covered by the report. I the answer is "No," state amount of voting rights not controlled or exercised by reporting individual and give the names, addresses, and principal business of persons controlling and/or exercising such voting rights.

F. Maximum amount held during period covered by report.

G. On all items reported under "F" which equal 6 percent or more of the then outstanding total amount of the same class show such percentages.

H. Minimum amount hold during period covered by report. (ER-146, 14 F.R. 3540, June 29, 1949, as amended by ER-226, 22 F.R. 10076, Dec. 17, 19571

PART 246_REPORTS OF STOCK

OWNERSHIP OF AFFILIATES OF

AIR CARRIERS Sec. 246.1 Definition. 246.2 Stock reports. 246.8 Exceptions.

AUTHORITY: The provisions of this Part 246 issued under secs. 204, 407, 72 Stat. 743, 766; 49 U.S.C. 1324, 1377.

SOURCE: The provisions of this part 246 contained in ER-146, 14 F.R. 3540, June 29, 1949, unless otherwise noted. § 246.1 Definition.

For the purposes of this part a person shall be deemed to be an affiliate of an air carrier if it has direct or indirect control over such

air

carrier. A person who owns, directly or indirectly, 10 percent or more of the outstanding issued capital stock of an air carrier, in the absence of a proper showing to the Board that he does not control the air carrier despite his stock ownership, shall be deemed to control the carrier for purposes of this part. A brokerage firm which holds record ownership of securities merely for the convenience of the customer beneficially owning the stock shall not be deemed a person owning stock for purposes of this part. (ER-469, 31 F.R. 10075, July 26, 1966) 8 246.2 Stock reports.

Except as provided in § 246.3, every affiliate of an air carrier shall submit on or before March 1 of each year:

(a) A report showing, as of the preceding December 31:

(1) The names and addresses of each of its stockholders or members holding more than 5 percent of the entire capital stock or capital, as the case may be of such afiliate, together with the name and address of any person for whose account, if other than the holder, such stock is held;

(2) The number of shares, and percentage of the total shares issued, held by each such stockholder, and indicating whether such shares are voting, nonvoting, common, or preferred; and

(b) A report setting forth, as of the preceding December 31, a description of the shares of stock or other interests held by the affiliate, or for its account, in any common carrier, air carrier, foreign air carrier, or any person engaged in any phase of aeronautics, and a description of the shares of stock or other interests held by the affiliate or for its account in any person whose principal business, in purpose or in fact, is the holding of stock in, or control of, common carriers, air carriers, foreign air carriers, or persons engaged in any phase of aeronautics, indicating:

(1) The name of the issuing company;

(2) Whether such stock or other in- , terest is voting, nonvoting, common or preferred, convertible or nonconvertible. (If convertible an explanation of the option shall be set forth.)

(3) The par and book value of such stock or other interests held by the affili. ate or for its account, and the amount pledged, unpledged, and held in fund and deposit accounts, and

(4) The total amount of stock or other interests (by class and issue) having voting or conversion rights which have been actually issued by the issuing company and are outstanding (whether or not held by the affiliate reporting hereunder). If convertible, an explanation of the option shall be set forth, and the total amount convertible shall be stated. (c) For each person

or company named in the report, including the affiliate but excluding the air carrier:

(1) A description of the principal occupation of each individual,

(2) A description of the business activities of each company, including, with respect to any company performing common carrier service, the geographical

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