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$ 261.2 Number of copies.

(a) There shall be filed with the Board two true and complete copies of all 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. Oral contracts and agreements required to be filed under the provisions of said section shall be evidenced by true and complete written memoranda and two true and complete copies of such memoranda shall be filed with the Board. The filing of contracts or agreements evidenced by correspondence or by resolutions of associations of air carriers shall be made by filing with the Board two true and complete copies of such correspondence or resolutions, as the case may be.

(b) Additional copies of contracts or agreements shall be furnished to the Board upon request. (ER-146, 14 F.R. 3545, June 29, 1949, as amended by ER-199, 19 F. R. 6210, Aug. 18, 1954] § 261.3 Formal requirements of docu.

ments filed. All documents filed under this part shall be on strong, durable white paper and, if possible, not larger than 81/2 inches by 13 inches in size, except that tables, charts, maps, and other documents larger than that size may be folded to approximately the required measurements. The left margin should be at least 1/2 inches wide and if the document is bound, it should be bound on the left side. One copy of each typewritten document should be carbonbacked. § 261.4 Place and time of filing.

The required number of copies of formal written contracts or agreements shall be filed at the office of the Board in Washington, D.C., addressed to the Civil Aeronautics Board, within 15 days after the date of execution thereof. The required number of copies of memoranda of oral contracts or agreements and of correspondence or resolutions evidencing contracts or agreements shall be filed in the same manner, within 30 days after such contracts or agreements have been entered into between the parties. The time of filing prescribed herein may be extended by the Board in exceptional circumstances upon proper application therefor. (ER-146, 14 F.R. 3545, June 29, 1949, as amended by ER-199, 19 F.R. 5210, Aug. 18, 1954)

$ 261.5 Certification and verification.

(a) One copy of each formal written contract or agreement filed shall bear the certification of the secretary or other duly authorized oficer of the filing party or parties to the effect that such copy is a true and complete copy of the orig. inal written instrument executed by the parties.

(b) One copy of each memorandum of oral contracts or agreements filed shall be verified by the secretary or other duly authorized officer of the filing party or parties to such oral contract or agreement. The person or persons verifying such memorandum shall set forth that they are fully familiar with all the terms and conditions of such oral contract or agreement and that the memorandum filed is a true and complete memorandum thereof.

(c) Copies of correspondence evidencing contracts or agreements shall be accompanied by the certifications of the secretary or other duly authorized officer of the filing party or parties to the effect that such copies are true and complete copies of the originals of such correspondence.

(d) One copy of each contract or agreement evidenced by resolution or other action of associations of air carriers shall bear the certification of the secretary of the association to the effect that such copy is a true and complete copy of the resolution duly adopted by the association on a certain date. The secretary shall also specify in such certification the name of each air carrier which concurred in such resolution or other action and the name of each air carrier member which did not so concur. § 261.6 Modifications or cancellations.

This part shall be applicable to all modifications or cancellations of contracts or agreements required to be filed under the provisions of section 412(a) of the Civil Aeronautics Act of 1938, as amended. § 261.7 Contracts or agreements pre

viously filed. Contracts or agreements which have been filed prior to August 1, 1939, shall not be subject to the provisions 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.

or

$ 261.8 Contracts

agreements be

(3) Where one carrier, directly or intween affiliated carriers.

directly, owns, controls, or holds with (a) Copies of contracts or agreements

power to vote, 10 percent or more of between a certificated air carrier and

the outstanding voting securities of the another air carrier, foreign air carrier

other carrier, or where a third person, or other carrier, affiliated therewith

directly or indirectly, owns, controls or shall be accompanied by a detailed state

holds with power to vote, 10 percent or ment supporting the reasonableness of more of the outstanding voting securithe financial provisions of the agree

ties of an air carrier and another carrier, ment. This statement shall set forth (Interprets or applies secs. 407, 415, 52 Stat. information covering the following 1000, as amended ; 49 U.S.C. 487, 495) (ERmatters:

235, 23 F.R. 6103, Aug. 9, 1958] (1) Why the contract or agreement was entered into between the affiliated PART 262_AGREEMENTS BETWEEN carriers in lieu of the provision of the AIR CARRIERS AND FOREIGN service by the receiving carrier for itself

COUNTRIES or the receipt of the service from a

Sec. non-affiliated source.

262.1 (2) Whether the service could be ob

Filing required.

262.2 Evidence of agreement. tained from a non-affiliated source, and,

262.3 Verification and formal specifcations if so, at what price. (Provide appro- 262.4 Time of filing. priate data to support the answer, in

AUTHORITY: The provisions of this Part 262 cluding any invitation or bid proposals.)

issued under secs. 204, 1102, 72 Stat. 743; 49 (3) The anticipated dollar volume

U.S.C. 1324, 1502. during any fiscal year period. (4) The basis for the particular

SOURCE: The provisions of this Part 262

contained in ER-146, 14 F.R. 3546, June 29, -charges contained in the contract or

1949, unless otherwise noted. agreement.

(5) Supporting data showing the rea- $ 262.1 Filing required. sonableness of such charges, including

Every air carrier shall file with the data showing charges by other carriers

Board true and complete evidence, es for like services or by this carrier to un

specified in § 262.2 of each agreement affiliated carriers for like services.

in any way affecting or involving oper(6) A description of the negotiations

ating rights and in force on October 11, leading up to the contract or agreement

1943, or thereafter issued or entered into and the determination of charges there

as between such air carrier, or any ofiunder.

cer or representative thereof, and any (7) The provision for renegotiation of

foreign country or political subdivision the charges under the contract or agree

thereof, or any department, agency, offiment and, if present, the basis therefor.

cer or representative of such country or (8) The persons primarily responsible

subdivision. For the purposes of this for negotiating the contract or agree

part, the term “agreement” means and ment on behalf of each party and the

includes any permit, concession, franindividuals who ultimately authorized

chise, contract, understanding, or arit on behalf of each party.

rangement, and also any amendment, (b) As used in this part, the word

modification, renewal, rescission or rev"affiliated” shall mean a relationship

ocation of any thereof. (1) Within the meaning of section 5 (8) of the Interstate Commerce Act, $ 262.2 Evidence of agreement. as amended, referred to in sections 407

(a) The evidence of such agreement (e) and 408 (b) of the Civil Aeronautics

shall be as follows: Act of 1938, as amended, or

(1) If written in English, three copies (2) Where the Board has found that

thereof; one carrier, directly or indirectly, con- (2) If written in a foreign language, trols another carrier, or that one person, three copies and three translations directly or indirectly, controls an air car- thereof; rier and another carrier, or where pro- (3) If oral, three copies of a descripceedings have been instituted under tive memorandum thereof; or section 408 to determine whether any (4) If evidenced by correspondence such control relationship exists, no final only, three copies of such correspondence determination having been reached in and, if such correspondence, in whole or such proceedings, or

in part, is written in a foreign language,

three translations of the part that is so written.

(b) In any case where translations are required, the copies to be filed shall be copies of official translations if oficial translations have been made. $ 262.3 Verification and formal speci

fications. Evidence of agreements filed under this part shall meet, insofar as possible, the requirements set forth in § 302.3 of this chapter as to verification and formal specifications of papers. § 262.4 Time of filing.

Such evidence shall be filed within 60 days after such agreement has been issued or entered into, except that agreements which have been issued or entered into prior to October 11, 1943, shall be filed within 60 days after such date.

PART 263_PARTICIPATION OF AIR

CARRIER ASSOCIATIONS IN BOARD

PROCEEDINGS Sec. 263.1 Definitions. 263.2 Approval of articles of association re

lating to participation in Board

proceedings. 263.3 Leave for participation of air carrier

associations in Board proceedings. AUTHORITY: The provisions of this Part 263 issued under secs. 102, 204, 412, 1001, 72 Stat. 740; sec. 3, 60 Stat. 238; 49 U.S.C. 1302, 1382, 1481; 5 U.S.C. 1002, unless otherwise noted.

SOURCE: The provisions of this Part 263 contained in ER-272, 24 F.R. 4883, June 16, 1959, unless otherwise noted. § 263.1 Definitions.

For the purposes of this part:

(a) Air carrier association means an association composed entirely or in part of air carriers which are not exempted from the provisions of section 412 of the act in respect of relationships between one another.

(b) Board proceedings means any proceedings of the Board to which the Board's procedural regulations apply. § 263.2 Approval of articles of associa

tion relating to participation in Board

proceedings. The Board considers it adverse to the public interest, and contrary to the policy of the Federal Aviation Act, for an association created by agreement subject to approval under section 412 of the

act, its officers or employees, to partici. pate in Board proceedings unless the articles of association contain provisions approved by the Board authorizing such participation, and the Board upon motion or upon its own initiative grants leave therefor. The Board therefore will approve only such provisions as provide for participation of the association in Board proceedings under the following circumstances:

(1) Where the issues substantially af. fect the property or financial interests of the association as opposed to an interest derivative from its members;

(2) Where the association acts as a conduit to the Board of factual information gathered from the members, as distinguished from presentation of opinions or positions on issues; or

(3) Where the association represents certain named members at their request and a copy of a resolution authorizing such participation and signed by each such carrier is submitted to the Board.

NOTE: The requirement expressed in this paragraph and paragraph (3) of Section 263.3 shall be deemed fulfilled upon filing with the Board of powers of attorney signed by duly authorized officers of each carrier to be represented by the association in the particular Board proceeding. The air carriers so represented shall become the parties to the proceeding. The participation of the association is limited to acting as attorney-in-fact for such air carriers. (Interpret or apply sec. 6(a) of the Administrative Procedure Act, 60 Stat. 240; 5 U.S.C. 1005) (ER 272, 24 F.R. 4883, June 16, 1959, as amended by ER-294, 25 F.R. 901, Feb. 3, 1960) § 263.3 Leave for participation of air

carrier associations in Board pro

ceedings. An air carrier association, its officers or employees may participate in Board proceedings only if its articles of association or by-laws contain provisions approved by the Board under section 412 of the act authorizing such participation, and if the Board upon motion or upon its own initiative grants leave therefor. Leave ordinarily will be granted under the following circumstances:

(1) Where the issues substantially affect the property or financial interests of the association as opposed to an interest derivative from its members. In passing on motions for formal intervention of associations of air carriers in economic adjudicatory proceedings

Sec.

under $ 302.15 of the procedural regula- national Air Freight Forwarders” estabtions, the Board will be guided by the lished by Part 297 of this chapter. provisions of this section;

(b) "Direct air carrier" means any air (2) Where the association acts as a carrier directly engaged in the operation conduit to the Board of factual informa- of aircraft, pursuant to a certificate of tion gathered from the members, as dis- public convenience and necessity issued tinguished from presentation of opinions

under section 401 of the Act, or pursuant or positions on issues; or

to exemption authority conferred under (3) Where the association represents section 416(b) (other than air carriers certain named members at their request

under Part 298 of this chapter) or purand a copy of a resolution authorizing suant to interim operating authority such participation and signed by each under Public Law 86–661, dated July 14, such carrier is submitted to the Board: 1960. Provided, That upon motion of any in

(c) "Interlocking relationship" means terested person or upon its own initiative any of the relationships set forth in secthe Board may issue an order requiring

tion 409 (a) of the Act which are set forth the association to withdraw from the in Appendix I of this part. case on the ground of significant diver

(d) “Aircraft manufacturer” means gency of interest or position in respect of

any person engaged in the design and issues in the proceeding between the

final fabrication of an integrated, major members represented and other members

assembly or subassembly who: E of the association.

(1) Makes civil aircraft, or engines and propellers for use therewith, or

(2) Makes any appliances (as that PART 287—EXEMPTION AND AP

term is defined in section 101(11) of PROVAL OF CERTAIN INTERLOCK

the Federal Aviation Act of 1958, as ING RELATIONSHIPS

amended) for use aboard civil aircraft

and whose sales of such appliances to E 287.1 Definitions.

any air carrier with whom it has an 287.2 Exemption of indirect air carriers interlocking relationship exceed $100,000

with respect to certain interlock- at any time during a calendar year. ing relationships.

(e) "Affiliated” means a relationship 287.3 Exemption of direct air carriers

wherein a person engaged in a phase of with respect to certain interlock

aeronautics or a common carrier directly ing relationships.

or indirectly (1) is controlled by an air 287.3a Exemption of air carriers with respect to interlocking relationships with

carrier; (2) controls an air carrier; (3) commercial lending institutions.

is under common control with an air 287.4 Approval of certain interlocking rela- carrier; or (4) where the power to exertionships.

cise such control presently exists. 287.5 Termination of exemptions and ap- (f) “Commercial lending institution" provals.

means a bank or insurance company 287.6 Effect of exemption on antitrust laws.

which is a person engaged in a phase of 287.7 Effect of exemption on existing interlocking relationships.

aeronautics solely by virtue of engaging Appendix I.

in transactions involving the purchase of

aircraft and lease thereof to air carriers. AUTHORITY: The provisions of this Part 287 issued under secs. 101(3), 204, 409, 416, 72

(ER-344, 26 F.R. 11891, Dec. 13, 1961, as

amended by ER-455, 31 F.R. 5122, Mar. 30, Stat. 737; 49 U.S.C. 1301, 1324, 1379, 1387.

1966) SOURCE: The provisions of this part 287 contained in ER-344, 26 F.R. 11891, Dec. 13,

$ 287.2 Exemption of indirect air car

riers with respect to certain interlock1961, unless otherwise noted.

ing relationships. $ 287.1 Definitions.

Subject to the other provisions of this For the purposes of this part:

part, indirect air carriers are hereby re(a) “Indirect air carrier" means any

lieved from the provisions of section air carrier not engaged directly in the

409(a) of the Act and Part 251 of this operation of aircraft in air transporta

chapter with respect to any interlocking

relationship between any such air carrier tion which comes within the classifica

and, respectively: tion of "Air Freight Forwarders" and

(a) Air taxi operators as defined in "Cooperative Shippers Associations,"

Part 298 of this chapter; established by Part 296 of this chapter

(b) Any indirect surface common caror within the classification of "Inter- rier not affiliated directly or indirectly,

with any direct surface common carrier except those covered by paragraph (c) of this section;

(c) Any direct surface common carrier who operates only intrastate routes or whose certificated interstate routes can be encompassed within the geographic area of any arbitrarily centered circle having a radius of 50 miles or less which can be drawn; and

(d) Any person engaged in a phase of aeronautics otherwise than as an air carrier, but not

(1) Foreign air carriers,

(2) Persons engaged in either private or common carriage by air for compensation or hire, who are not subject to Board regulation as statutory "air carriers," and

(3) Persons whose principal business is the holding of stock in, or control of, any other person engaged in any phase of aeronautics to whom the exemption provided by this paragraph does not apply.

(e) Any surface common carrier which is engaged only in pipeline or communications operations or in the transportation of passengers.

(f) Any company which is, directly or indirectly, affiliated with such air carriers, provided such affiliation has previously been expressly authorized by the Board by approval under section 408 of the Act, or by exemption therefrom, and is currently so authorized. Provided, however, That no exemption conferred by this section shall extend to a relationship with respect to any common carrier or person engaged in a phase of aeronautics which is, directly or indirectly, affiliated with any air carrier unless such affiliation has previously been expressly authorized by the Board by approval under section 408 of the Act, or by exemption therefrom, and is currently so authorized. (ER-344, 26 F.R. 11891, Dec. 13, 1961, as amended by ER-455, 31 F.R. 5122, Mar. 30, 1966] § 287.3 Exemption of direct air carriers

with respect to certain interlocking

relationships. Subject to the other provisions of this part, direct air carriers are hereby relieved from the provisions of section 409(a) of the Act and Part 251 of the Economic Regulations with respect to any interlocking relationship between any such air carrier and, respectively:

(a) Any surface common carrier

which is engaged only in pipeline or communications operations;

(b) Any surface common carrier which is engaged only in local transit operations by providing street, railway or bus transportation (except for airport limousines) for passengers and has certif. cated or franchised routes which can be encompassed within the geographic area of any arbitrarily centered circle having a radius of 50 miles or less which can be drawn;

(c) Any surface common carrier which is engaged only in the transportation of cargo by motor vehicle, rail or water and which operates only intrastate routes or whose certificated interstate routes can be encompassed within the geographic area of any arbitrarily centered circle having a radius of 50 miles or less which can be drawn; and

(d) Any persons engaged in any phase of aeronautics otherwise than as an air carrier, except

(1) Foreign air carriers, travel or ticket agents,

(2) Aircraft manufacturers,

(3) Persons engaged in private or common carriage by air, for compensation or hire, who are not subject to Board regulation as statutory "air carriers", and persons whose principal business is the holding of stock in, or control of, any other person engaged in any phase of aeronautics to whom the exemption provided by this paragraph does not apply.

(e) Any company which is, directly or indirectly, affiliated with such air carrier, provided such affiliation has previously been expressly authorized by the Board by approval under section 408 of the Act, or by exemption therefrom, and is currently so authorized. Provided, however, That no interlocking relationship shall be exempted under this paragraph if the transactions between the air carrier and the person engaged in any phase of aeronautics involved exceed $100,000 at any time during a calendar year, excluding transactions involving the furnishing of transportation service by an air carrier pursuant to tariff rates duly filed with the Board and published. For the purpose of determining whether the qualifying conditions specified in paragraphs (a), (b), and (c) of this section are met, both the operations of the surface carrier's own system and those of its subsidiaries or parent companies shall be considered. Furthermore, any direct air carrier,

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