Imágenes de páginas

C-Financial accounting records:

5. Accident reports.
6. Other financial and statistical

7. Tabulating cards, tapes and other

media. K-Miscellaneous:

1. Correspondence relating to records.
2. Duplicate copies of records.
3. Authorizations and certificates for

destruction of records. 4. Organization manuals. $ 249.28 Waivers of requirements of

this subpart. A waiver from any provision of this subpart may be made by the Board upon its own initiative or upon submission of a written request therefor by any freight forwarder. Each request for waiver shall demonstrate that unusual circumstances warrant a departure from prescribed retention periods, procedures or techniques or that compliance with such prescribed requirements would impose an unreasonable burden upon the freight forwarder, and that the granting of the waiver would be in the public interest. § 249.29 Effective date.

This subpart shall become effective on September 1, 1965. The retention requirements prescribed in this subpart shall be applicable to all records remaining in the custody of any freight forwarder, subject to its provisions, upon the effective date of this subpart as well as to all records subsequently acquired. With respect to individual records, each retention period herein prescribed shall commence upon the date when the records are created or otherwise come into the possession of the freight forwarder.

NOTE: The record-retention requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.



Sec. 251.1 251.2 251.3

Application for approval.
Formal requirements of applications.
General provisions concerning con-

1. Ledgers.
2. Journals.
3. General and subsidiary cash books.
4. Voucher distribution registers.
5. Vouchers.
6. Accounts receivables and payables.
7. Working or petty cash funds.

8. Uncollectible accounts. D-Payrolls and personnel:

1. Payroll records.

2. Personnel records. E-Equipment and other property: 1. Records, reports and statements

showing cost or inventory value. 2. Records and memoranda pertaining

to depreciation, retirements and

3. Contracts and agreements relating

to construction, acquisition or

P-Purchases and stores:
1. Records of materials and supplies

2. Bids, offers and orders pertaining

to sale or purchase of materials

and supplies.
3. Materials and supplies received and

G-Insurance, taxes and claims:

1. Insurance records.
2. Tax records.

3. Claims records.
1-Shipping and agency documents:

1. Shipping documents.
2. Contracts covering risks in trans-

portation and storage.
3. Copies of waybills and freight bills.
4. Freight records and reports.
5. Agents' remittance slips and bank

deposit slips.
6. Agents' balance sheets.
7. Miscellaneous records pertaining to

agents' accounts.
8. Instructions to agents and repre-

9. Information to the public.

10. Other agency records.
1-Tariffs and rates:
1. Tariffs

and classifications-orig-
2. Tariffs and classifications—dupli-

3. Special or reduced-rate orders.
4. Requests and receipts for tariffs and

5. Concurrences and powers of attor-

6. Written requests for quotations and

copies of quotations.
7. Correspondence and working papers

in connection with tariffs.
J—Reports and related statistics:
1. Annual reports to regulatory

2. Quarterly and semi-annual reports

to regulatory bodies.
3. Annual reports or statements to

4. Accountants' and auditors' reports.



tents of applications.
Approval of system of amliated and

subsidiary companies. Supplements to applications. Uninterrupted tenure; no new ap

plications required. Notice of changes in positions. Extent of authorization to bold po

sition. Revocation of authorization to hold





for any statements therein except state251.10 Kitect of order.

ments concerning matters which are 251.11 Reports.

peculiarly within his knowledge. In any 251.12 Prior applications. 251.13 Procedure governing disposition of

such case, however, every allegation applications.

contained in the application shall be

verified by one or more qualided indiAUTHORITY: The provisions of this Part 251

viduals. issued under secs. 204, 407, 72 Stat. 743, 766; 49 U.S.C. 1324, 1377.

§ 251.3 General provisions concerning SOURCE: The provisions of this part 251 contents of applications. contained in ER-146, 14 F.R. 3543, June 29, (a) Each application (except one filed 1949, unless otherwise noted.

pursuant to § 251.4) shall, among other § 251.1 Application for approval.

things include the following informa

tion: If approval by the Board is desired of

(1) The full name, place of residence, an interlocking relationship which would

and citizenship of the individual appliotherwise be prohibited by section 409

cant; (a) of the act (referred to in this part as

(2) The name and address of the an "interlocking relationship”), an ap

major business or professional activity plication for such approval shall be filed

of the individual applicant; with the Board by the individual (referred to in this part as the “individual

(3) A complete description of the in. applicant”) occupying or seeking to

terlocking relationship for which ap

proval is sought, as well as a description occupy the interlocking relationship and

of any other interlocking relationship by each air carrier (hereinafter in this

occupied by the individual applicant part referred to as the “air carrier ap

which has been approved by the Board, plicant”) in which such individual holds

(This description shall include the date or seeks to hold the position of oficer or director. At their election such appli

and manner of the individual applicant's

election or appointment to the position cants may join in a single application.

or positions which he occupies or seeks If separate applications are submitted it is desirable that all shall be filed at the

to occupy, and shall state the name or

names of the persons primarily resame time. An application may incor

sponsible, directly or indirectly, for his porate by specific reference current information contained in another ap

election or appointment. It shall also

include a statement of his present or plication in the same matter or in any document then on file with the Board.

contemplated duties in connection with

the interlocking relationship for which § 251.2 Formal requirements of appli- approval is sought and the approximate cations.

amount of time devoted or expected to

be devoted thereto); Applications filed pursuant to this part shall conform generally to the

(4) The name of the person or peroutline set forth in § 251.3 and to the re

sons, if any, whom the individual appliquirements of $ 302.3 of this chapter,

cant represents or will represent on the with the additional requirements that

board of directors of each air carrier apeach individual verifying the applica

plicant, together with a statement as to tion shall include in his verification a

any financial interest held by such perstatement that he has personally made

son or persons in any air carrier, coma careful investigation of the proposed

mon carrier, person engaged in any interlocking relationship and that the

phase of aeronautics otherwise than as application includes all of the informa

an air carrier, or person whose principal tion required by this part and that it

business, in purpose or in fact, is the contains no misleading statement and

holding of stock in, or control of any does not omit information which would

other person engaged in any phase of tend to show that the public interest

aeronautics; would be adversely affected by the exist

(5) The name and address of each ence of the proposed interlocking rela

business (including but not limited to tionship. If a joint application is filled

corporations, partnerships, trusts, etc.) it shall be verified by the individual ap

of which the individual applicant is an plicant and by a responsible officer of

oficer, director, partner, trustee, re each air-carrier applicant. However,

ceiver, manager, attorney, agent, or con. any individual verifying any such joint trolling stockholder or employee, the application may disclaim responsibility general character of each such business and a description of the individual ap- closure of such information with respect plicant's financial interest therein; to any of the persons classified under

(6) A complete description of any subdivision (ii) of this subparagraph, benefit and of the amount of, and basis the application shall state specifically for, any money or thing of value (1) re- the efforts made to obtain such inforceived by the individual applicant during mation and the reasons why such efforts the last year from each air carrier ap- were unsuccessful); plicant and from any person with whom (10) A description of the shares of the individual applicant has or seeks to stock or other interests held by each air have an interlocking relationship, carrier applicant or for its account in whether for services, reimbursement of persons other than itself; expenses or otherwise, and (ii) which (11) A full description of any profesthe applicant contemplates receiving sional, financial or other business transfrom any such person during the con- actions or arrangements which have been tinuance of the interlocking relation- entered into within 1 year prior to the ship;

date of the filing of the application by (7) The names and titles of all of each air carrier applicant with the indificers and directors of each air carrier vidual applicant and by each air carrier applicant, and of each person with whom applicant or individual applicant with the individual applicant has or seeks to any person with whom the individual aphave an interlocking relationship;

plicant has or seeks to have an interlock(8) With respect to the individual ap- ing relationship, together with a full plicant, a statement that the information statement as to any such transactions or contained in the most recent report filed arrangements which it is contemplated by him with the Board pursuant to Part may be entered into while such inter245 of this subchapter is the same as of locking relationship continues. the date within 30 days of the filing of (b) Each application shall state fully the application pursuant to this part, or such further facts as the applicants reif such information has changed, a spectively deem desirable in order to statement setting forth the details of show that the public interest will not be such changes; and with respect to each

adversely affected by the approval by officer and director of each air carrier the Board of the interlocking relationapplicant other than the individual ap- ship. plicant, a statement that there is pres

§ 251.4 Approval of system of affiliated ently on file with the Board a report pur

and subsidiary companies. suant to Part 245 of this subchapter for each such individual officer or director

(a) In the event that an individual If no such report is on file with refer

occupies or seeks to occupy an interence to any such oficer or director, in

locking relationship falling within the cluding the individual applicant, it shall

purview of section 409(a) of the act be filed concurrently with the applica

which involves only the holding by him tion pursuant to this part);

of the position of officer or director in (9) The names (1) of the largest

two more companies in the same stockholders, not exceeding 20, who hold

system of affiliated and subsidiary com1 percent or more of the voting capital

panies (as defined in paragraph (b) of stock of any air carrier applicant and

this section), an application for ap(ii) of the largest stockholders, not ex- proval of such relationships need not ceeding 20, who hold 1 percent or more

comply with the requirements of g 251.3 of the voting capital stock of any per

(a) (11) but shall comply with all other son with whom an interlocking relation

requirements of that section. Such apship is sought by such application to be plication shall also include: approved; together with the number of

(1) Such information as is necessary shares of each class of stock held by each

to disclose the fact that the companies of such stockholders and the percentage

in which the individual applicant ocwhich such shares bear to the total num- cupies or seeks to occupy the interlocking ber of shares of the same class authorized relationships are members of the sysand outstanding, (If all or any part of

tem of affiliated and subsidiary comsuch shares are held for the account of panies as defined in this section, and any person other than the holder, the (2) A statement that the individual names of such persons shall be disclosed. applicant does not occupy or seek to ocIf the applicant, after making all rea- cupy any interlocking relationship fallsonable efforts, is unable to obtain dis- ing within the purview of section 409 (a)

66-031-67 19

of the act other than those within the spect to any of the positions for which same system of affiliated and subsidiary authorization has been granted by the companies.

Board, or in the event of any other ma(b) The individual applicant may in- terial or substantial change therein, the clude in any application made by him individual and each air carrier applicant pursuant to this part a request for an shall promptly and not more than 30 days order authorizing him to hold generally, after any such change occurs give notice in addition to the positions so specifically thereof to the Board, setting forth fully requested, directorships or offices within the details of any such change. Such the same system of afiliated and sub- notices shall comply with the formal residiary companies, and it shall not be quirements of $ 251.2, except that the necessary to file a separate application verification may be in simple form. with respect to each such relationship.

§ 251.8 Extent of authorization to hold Any applicant assuming a directorship

position. or office pursuant to such authorization shall, not later than 15 days after as

An order by the Board authorizing an suming such directorship or office, make

individual applicant to hold the position or cause to be made a full and complete

of director of a Company will be conreport thereof to the Board. As used in

strued as sufficient to authorize him to this part, the term "system of affiliated serve also as chairman of the board of and subsidiary companies” shall include

directors or as a member or chairman of only a specified company and those com- any committee or committees of such panies of which it, directly or indirectly,

board. through one or more intermediate com

8 251.9 Revocation of authorization to panies, owns 50 percent or more of the hold position. voting capital stock issued by such companies.

Any order issued by the Board pur

suant to section 409(a) of the act shall 8 251.5 Supplements to applications. be subject to revocation in whole or in Applicants under this part shall, upon

part by the Board at any time if it requests of the Board and within such

deems that the public interest will be adtime as may be allowed, supplement any

versely affected by the holding by the inapplication with such information as

dividual applicant of any or all of the may be required by the Board. In the positions authorized to be held by such event of any substantial change in the

order. If any individual or air carrier information set forth in the application

applicant knowingly or wilfully withholds prior to a decision by the Board upon

any information called for by this part such application, either by reason of the

or any other information which may be individual applicant's election or ap

material or relevant to the application, pointment to another position or posi

or misrepresents facts disclosed in the tions involving an interlocking relation

application, such omission or misrepreship or otherwise, the application shall

sentation may be considered suficient be supplemented by such information as

cause for the immediate revocation of will fully describe such change. Such

any such order. supplements shall comply with the for- $ 251.10 Effect of order. mal requirements of $ 251.2.

No order of the Board entered in con8 251.6 Uninterrupted tenure; no new nection with any application filed purapplications required.

suant to this part shall constitute After the individual applicant has

approval by the Board of any interlockbeen authorized by the Board to hold a

ing relationship which was not fully particular position, further application

disclosed. in connection with each successive term 8 251.11 Reports. will not be required so long as he con

An individual occupying an interlocktinues in uninterrupted tenure of such

ing relationship pursuant to authorizaposition, unless otherwise ordered by the

tion of the Board may be required to file Board.

such periodic or special reports as the 8 251.7 Notice of changes in positions.

Board may deem necessary. In the event of the individual appli- § 251.12 Prior applications. cant's resignation, withdrawal, or failure Any application filed prior to March of reelection or reappointment with re- 10, 1942, shall not be subject to the pro

visions of this part, except to the extent that the Board may, by appropriate request, in particular cases require compliance with any specific provision or provisions hereof. $ 251.13 Procedure governing disposi

tion of applications. (a) Each application will be docketed as received and applicants will be advised of the docket number assigned thereto.

(b) If the Board is convinced by the application and its consideration and in„vestigation thereof that applicants have made a due showing that the public interest will not be adversely affected by the interlocking relationships for which approval is sought, an order of approval will be entered. Í (c) If the Board is not convinced that applicants have made a due showing applicants will be advised to that effect by letter. Thereupon applicants may file with the Board a petition in the proceeding for leave to withdraw the application, may request that the application be assigned for hearing, or may submit within a reasonable time to be fixed by the Board such additional information as they believe will result in a due showing.

(d) In the event additional information is submitted, the Board reserves the right to assign the application for hearing on its own initiative or to enter an order of approval or disapproval in accordance with its determination that a due showing has or has not been made.

(e) The Board further reserves the right to vary the procedure herein set --forth insofar as necessary or desirable in disposing of any particular application.

$ 261.1 Who shall file.

(a) The filing of copies of contracts and agreements which are required to be filed under the provisions of section 412(a) of the Civil Aeronautics Act of 1938, as amended, shall be made by every air carrier which is a party thereto as follows:

(1) Written contracts and agreements. In the case of contracts and agreements executed after October 25, 1954, formally reduced to writing and subscribed by the parties thereto, there shall be a presumption that if the required number of copies are filed by any air carrier which is a party to such contract or agreement, such filing has been made on behalf of itself and all other parties subscribed thereto. Written contracts and agreements executed prior to October 25, 1954, shall be filed in accordance with the rules contained in subparagraph (2) of this paragraph.

(2) Oral and informal contracts and agreements. In the case of oral or memorandum contracts and agreements, if the required number of copies of memoranda thereof are filed by any air carrier which is a party to such contract or agreement, any other air carrier which is a party shall be deemed to have complied with this requirement if it transmits to the Board within the time prescribed by § 261.4 a signed statement to the effect that it concurs in such filing.

(b) The filing of copies of contracts or agreements evidenced by resolutions or other action of association of air carriers may be effected in the following manner. The Secretary or other authorized officer of the association may be designated as agent for the purpose of making such filing. Each air carrier which is a member of such association shall separately transmit to the Board a written statement, signed by such air carrier, reciting that a designated person or persons holding the office of secretary or other office of the association, or that any person or persons holding a designated office or offices of the association is constituted the attorney in fact for the filing of copies of any contracts or agreements evidenced by resolution or other action of the association to which such air carrier may become a party. Such authorizations may be revoked at any time by any air carrier by giving formal notice of revocation to the Board. (ER-146, 14 F.R. 3545, June 29, 1949, as amended by ER-200, 19 F.R. 6911, Oct. 28, 1954)

PART 261-FILING OF AGREEMENTS Sec. 261.1 Who shall file. 261.2 Number of copies. 261.3 Formal requirements of documents

Aled. 261.4 Place and time of Aling. 261.5 Certification and verification. 261.6 Modifications or cancellations. 261.7 Contracts or agreements previously

Alled. 261.8 Contracts or agreements between afil

iated carriers. AUTHORITY: The provisions of this Part 261 issued under secs. 204, 412, 72 Stat. 743, 770; 49 U.S.C. 1324, 1332, unless otherwise noted.

SOURCE: The provisions of this Part 261 contained in ER-146, 14 F.R. 3545, June 29, 1949, unless otherwise noted.

[ocr errors]
« AnteriorContinuar »