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crew facilities on the main deck of the aircraft for use on that convertible charter flight, is deemed to be due to the bulk of the cargo supplied by MAC.

(c) Round-trip services defined. For purposes of this section, round-trip seryices mean short-notice MAC charter service where (1) passengers and/or cargo are transported on two or more successive revenue flights and the last revenue flight terminates within 250 statute miles of the point of origin of the first revenue flight or, by mutual consent of MAC and the carrier, at a point within 250 statute miles of the carrier's principal operating base; (2) the scheduling permits departure within 4 hours after arrival at each point to be served except at one point where the aircraft may be scheduled for departure within 72 hours after arrival; Provided, That, on flights serving more than one U.S. departure point, by mutual consent, MAC and the carrier may agree on not more than three points where the aircraft may be scheduled for departure within 72 hours after arrival; and (3) the air carrier operates en route not more than one ferry flight not exceeding 50 statute miles without compensation and not more than one

ferry flight not exceeding 1,500 statute miles for compensation equal to not less than 75 percent of the round-trip cargo rate specified in paragraphs (a) and (b) of this section where only cargo is carried on the other portions of the whole trip and for compensation equal to not less than 75 percent of the round-trip all-passenger rate specified in paragraphs (a) and (b) of this section in all cases where passengers are carried on any other part of the whole trip.

(d) Computation of passenger-miles and cargo ton-miles—(1) General rule. For the purpose of this section, the computation of passenger-miles and cargo ton-miles shall be based on no lesser mileage than the nonstop airport-toairport distance, in terms of statute miles from the point of origin of the revenue flight to the point of destination of such flight, via such intermediate points as are required to be served by the terms of the MAC contract.

(2) Transpacific services. In the case of transpacific services between the 48 contiguous States and points beyond Alaska or Hawaii, the general rule shall not apply but the mileage shall be computed as prescribed in Schedule A incorporated in this paragraph, as follows:

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U.S. west coast 1
Alaska..
Japan.
Okinawa.
Formosa
Hawaii.
Wake.
Guam.
Philippine Islands.
South Viet-Nam.

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Routings:
1. Direct.

9. Via Wake. 2. Via Anchorage.

10. Via Wake-Guam. 3. Via Tachikawa.

11. Via Guam. 4. Via Anchorage-Tachikawa.

12. Via Clark. 5. Via Anchorage-Tachikawa-Clark.

13. Via Wake-Clark. 6. Via Honolulu.

14. Via Honolulu-Wake-Guam. 7. Via Honolulu-Wake.

15. Via Tachikawa-Clark. 8. Via Honolulu-Wake-Clark. NOTE: Alternative routings 7, 8, and 14 are to be used for calculation of the mileage if MAC requires that an intermediate point along the mid-Pacific route be served.

1 Any place in the State of California, Oregon, or Washington.
> For services to and from Japan, compute mileage to and from Tachikawa Air Base.

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(3) Transatlantic services. In the earlier date. The Board reserves the case of transatlantic services, when the right to rescind this part or any provinonstop airport-to-airport distance be- sion thereof at any time, with or without tween origin and destination of the flight notice or hearing, as the public interest is 4,000 miles or more and no inter- may require. mediate points are specified by the terms (b) The transportation services perof the MAC contract, the mileage shall formed pursuant to the authorization be no less than as computed via Shannon, granted in this part do not constitute an Ireland, or via Lajes/Santa Maria, activity of a continuing nature within Azores, whichever routing yields a lower the meaning of section 9(b) of the Admileage.

ministrative Procedure Act, 5 U.S.C. (e) On-loading and off-loading of 1008(b). traffic. It shall not be deemed a violation of the provisions of this section for PART 289-EXEMPTION OF AIR an air carrier operating a charter flight

CARRIERS FROM AGREEMENT FILto permit MAC to on-load and/or off

ING REQUIREMENTS OF SECTION load traffic (passenger or cargo) at any

412 OF THE FEDERAL AVIATION operational stops en route made for the carrier's convenience, to the extent that ACT OF 1958 1 it does not interfere with the carrier's

Sec. scheduled ground operation: Provided, 289.1 Definition. That the carrier receives minimum com- 289.2 Exemption of air carriers. - pensation consistent with the provisions 289.3 Types of agreements which need not E of this section for resulting load carried

be filed.

289.4 Effect of exemption. on any flight stage which is in excess of the load paid for under the contract.

AUTHORITY: The provisions of this Part 289 (ER-456, 31 F.R. 5408, Apr. 6, 1966, as

issued under sec. 204, 416, 72 Stat. 743, 771; amended by ER-472, 31 F.R. 10467, Aug. 4,

49 U.S.C. 1324 1386 unless otherwise noted. 1966)

8 289.1 Definition. $ 288.8 Application for other relief.

For the purpose of this part: Air carriers may make timely applica- (a) “Certificated route air carrier" tions for authority to engage in air means any air carrier which holds a certransportation for the military estab- tificate of public convenience and neceslishment not covered by this part, in- sity issued under section 401(d) (1) or cluding relief from any limitation or (2) of the Federal Aviation Act of 1958 requirement imposed by this part. Such authorizing unlimited regularly schedapplications shall be governed by the uled route service between specified provisions contained in Part 302, Sub- points or, in case of foreign air transparts A and D of this chapter.

portation, along a general route or Subpart C-Enforcement

routes, designated in the certificate.

(b) "Indirect air carrier" means any § 288.15 Violations.

citizen of the United States ? who enOperations by any carrier for the mili- gages indirectly in interstate, overseas tary establishment which are not with- or foreign air transportations of propin the scope of such carrier's basic au- erty only, and who: (1) Does not engage thority or of this part or of other author- in the operation of aircraft in air transity granted by the Board prior to the portation, and (2) does not engage in air time such operations are undertaken, transportation pursuant to any Board or noncompliance with any applicable order authorizing air express services requirements, conditions or limitations under a contract with a direct air in this part constitute violations of the carrier. Federal Aviation Act of 1958 and will (c) “Supplemental air carrier" means render the offending air carrier subject any air carrier which holds authority to imposition of lawful sanction, includ- from the Board to engage in suppleing in proper cases criminal prosecution mental air transportation. under section 902(a) of the Act.

(ER-309, 25 F.R. 6614, July 14, 1960, as

amended by ER-350, 27 F.R. 1067, Feb 6, Subpart D-Duration

1962) $288.18 Expiration.

1 ER-350, 27 F.R. 1068, Feb. 6, 1962. (a) This part shall expire June 30, 2 As defined in section 101 (13) of the Act. 1967, unless rescinded by the Board at an 3 As defined in section 101(21) of the Act.

1

.

$ 289.2 Exemption of air carriers. or reduced-rate transportation other Air carriers are hereby exempted from

than as described in documents filed purthe filing requirements of section 412(a)

suant to $ 223.6 of this subchapter. of the Act with respect to any type of

(c) Pick-up and delivery. Agreements

between certificated route air carriers or agreement listed in § 289.3 of this part, and amendments thereto, and from filing

indirect air carriers on the one hand and

surface motor carriers on the other hand any subsequent amendment to an agreement which was filed prior to the effec

for pick-up and delivery of property: tive date of this part where such filed

Provided, That all of the points named in agreement and the amendment qualify

the agreement and the rates and charges for an exemption under this part; except

to the public for such service are set forth that such exemption does not apply to an

in tariffs filed by the air carriers with the agreement or an amendment to an agree

Board pursuant to Part 221 of this subment that:

chapter. (a) Is between "affiliated" carriers (Interpret or apply secs. 101(3), 412, and 416 within the meaning of that term as it is

(b) of the Act, 72 Stat. 737, 770; 49 U.S.C. used in Part 261 of this subchapter; or

1301, 1382) (ER-350, 27 F.R. 1068, Feb. 6,

1962] (b) Amends an existing agreement which itself is ineligible for exemption

8 289.4 Effect of exemption. under this part; or

The exemption granted by this part (c) Is a resolution or similar action of

shall not be deemed to constitute an the members of an association of air car

"order made under sections 408, 409, and riers; or

412” within the meaning of section 414 (d) Is violative of the “anti-trust

of the Act. laws" as that term is defined in section 1

(ER-309, 25 F.R. 6614, July 14, 1960. Reof the Clayton Act, 15 U.S.C. 12.

designated by ER-350, 27 F.R. 1068, Feb. 6. (ER-350, 27 F.R. 1068, Feb. 6, 1962]

1962] $ 289.3 Types of agreements which need not be filed.

PART 290—TRANSFER OF AIRLIFT

AMONG AIR CARRIERS IN CERTAIN (a) Ground services and facilities. Agreements between certificated route

EMERGENCIES air carriers, or between any such air car- Sec. rier(s) and any foreign air carrier(s), 290.1 Definitions. for the furnishing of ground facilities, 290.2 Exemption for lease of aircraft. ground equipmerit, ground service, or

290.3 Exemption for operations.

290.4 Reports. building or ground space: Provided,

290.5 Effect of exemption. That the fees or charges therefor are

290.6 Extension. known or anticipated not to exceed

290.7 Termination of exemption. $50,000 during any twelve-month period:

AUTHORITY: The provisions of this part And, provided further, That in case the

290 issued under sections 204(a), 401, 403, aggregate annual charge under an agree

408, 412 and 416(b), 72 Stat. 743, 754, 758, ment believed to fall within this exemp

767, 770 and 771; 49 U.S.C. 1325, 1371, 1373, tion at the time of execution thereof

1378, 1382 and 1386. exceeds the dollar limitation in any

SOURCE: The provisions of this part 290 twelve-month period, the carrier shall contained in ER-480, 31 F.R. 16526, Dec. 28, (1) report promptly the total amount 1966. paid, and (2) file the agreement with the

$ 290.1

Definitions. Board under section 412(a) of the Act upon request by the Director of the (a) “CRAF” (Civil Reserve Air Fleet) Board's Bureau of Economic Regulation. means those air carrier aircraft allocated

(b) Free or reduced-rate transporta- by the Secretary of Commerce to the tion. Agreements between certificated Department of Defense to meet essential route air carriers, or between supple- military needs in the event of an mental air carriers, or between certifi- emergency. cated route carriers and supplemental

(b) “CRAF Operator" means an air carriers, or between any such air car- carrier which has been required by the riers and foreign air carriers for the is- Government, under the expanded capasuance or interchange of free or reduced- bility provisions of an airlift procurement rate transportation: Provided, That such contract or other CRAF contract beagreements do not provide for the is- tween such air carrier and the Military suance or interchange of passes for free Airlift Command, to furnish increased

airlift to the Government upon a deter- § 290.5 Effect of exemption. mination that an airlift or national

The exemption granted by this part emergency exists or upon the activation

shall not be deemed to constitute an of CRAF.

"order made under sections 408, 409, and $ 290.2 Exemption for lease of aircraft. 412” within the meaning of section 414

of the Act. Any CRAF Operator shall be exempt from sections 408(a) (2) and 412 of the

$ 290.6 Extension. Federal Aviation Act of 1958 insofar as the provisions thereof relate to the lease

The exemption granted under this part of aircraft by such operator with or with

may be extended beyond 90 days only out crew from other carriers to replace

upon individual application filed with the the aircraft which such operator has

Board no later than 30 days prior to the been required to furnish under the ex

expiration of such exemption. When panded capability provisions of its con

such an application has been filed, the tract with the Government in an emer

exemption granted herein shall remain gency. Such lease agreements may also in effect pending disposition of the appliinclude provisions for maintenance and cation by the Board. all other ground facilities and services

$ 290.7 Termination of exemption. related to the operation of the aircraft. - The exemption under this part shall be The exemption granted by this part subject to the following conditions: may be terminated by the Board, upon (a) No CRAF operator shall lease an

reasonable notice, but without hearing, aircraft from another air carrier for

at any time with respect to any lease more than 90 days.

agreement or arrangement or any op(b) No CRAF operator may have

erations thereunder which the Board | under lease from other air carriers at

finds to be inconsistent with the public any one time pursuant to this regulation,

interest. more aircraft than it has been required to furnish to the Government.

PART 291-CLASSIFICATION AND $ 290.3 Exemption for operations.

CONTINUED EXEMPTION OF An air carrier whose aircraft are leased

LARGE IRREGULAR AIR CARRIERS to a CRAF operator pursuant to this part, shall be exempt: (a) From section Sec. 401 of the Act insofar as the provisions 291.1 Definitions. thereof would prevent such air carrier 291.2 Classification. from engaging in air transportation, 291.15 Large irregular carriers; exemptions. pursuant to the terms of the lease, be- 291.16 Large irregular carriers; duration of tween points between which the CRAF

exemption. operator is authorized by certificate or 291.17 Large irregular carriers; condition to

exercise of temporary exemption exemption to engage in air transportation; and (b) from section 403 of the

privilege.

291.18 Large Irregular carriers; non transferAct insofar as the provisions thereof

ability of letter of registration. would prevent such air carrier from en

291.19 Large irregular carriers; suspension gaging in such air transportation in ac

of letter of registration. cordance with the financial provisions of

291.20 Large irregular carriers; revocation of its lease agreement with the CRAF

letter of registration. operator.

291.21 Large Irregular carriers; cancellation

of letter of registration. $ 290.4 Reports.

291.22 Large Irregular carriers; interlocking (a) Two true and complete copies of

relationships. all leases and related agreements au- 291.23 Large irregular carriers; limitations thorized under this part, and all amend

and scope of exemption. ments thereto, shall be filed with the

291.24 Form of tickets to be used. Board within 15 days after the date of 291.25 Large irregular carriers; conditions : execution.

on operating authority; payments

to or from ticket agents. (b) The Board may require additional

291.26 Large irregular carriers; conditions reports from any CRAF operator or other

on operating authority; agreements air carrier with regard to traffic, revenue,

with ticket agents. or any other matter related to operations 291.28 Business name of air carrier. authorized under this part.

291.31 Nonapplicability. 66-031-67-20

299

Sec.
291.32 Separability.
291.33 Past violations.

AUTHORITY: The provisions of this part 291 issued under secs. 204, 416, 72 Stat. 743, 771; 49 U.S.C. 1324, 1386.

NOTE: The following interpretation of Part 291 was adopted by ER-136, 13 F.R. 7769, Dec, 16, 1948.

Examples of irregular air transportation within the meaning of Part 291. For the guidance of irregular air carriers and other interested parties the Board bere sets forth a number of illustrative examples of irregular and regular service. All irregular air carriers should study these examples, for the Board expects to use them as standards to apply to the operations of such carriers.

It should be noted that all of the illustra. tions included here refer only to actual operations Such operations indicate a course of conduct constituting the holding out of regular or irregular service, as the case may be. The holding out of regular service may also be brought about by means other than actual operations-for example, although its services are operated irregularly, a carrier may be holding out regular service by reason of the nature and extent of its advertising and trafic solicitation efforts. In other words, an irregular air carrier is not im. mune from enforcement action if its actual operations are irregular but all the circumstances surrounding its business show that the carrier is holding out regular service.

The illustrations included represent application of the principles announced in Page Airways, Inc., Investigation, 6 CAB 1061, Trans-Marine Airways, Inc., Investigation of Activities, 6 CAB 1071, and Investigation of Nonscheduled Services, 6 CAB 1049, and more particularly of the cease and desist or. der entered in the Matter of the Noncertificated Operations of Trans Caribbean Air Cargo Lines, Inc., Order Serial No. E-370, adopted March 14, 1947. This is emphasized because the Board is not attempting by revision of Part 291 either to enlarge or contract the scope of operations permitted by the regulation.

(1) An irregular air carrier operates between points A and B, in one direction, on the days of the month which appear in brackets on the following calendar table:

regularity would not cause the service to become an irregular service.

(2) An irregular air carrier operates between points A and B, in one direction, on the days of the month which appear in brackets on the following calendar table:

S M T W T F S

1 [2] 3 14) 5 6
7 8 19] 10 (11) 12 13
14 15
(16) 17

(18) 19 20
21 22 (23) 24 125 26 27

28 29 (30) These flights are conducted regularly, twice a week, without frequent and extended definite breaks in service and are obviously not Irregular within the meaning of Part 291. Moreover, if over a period of weeks an oc. casional fight is omitted, or is operated on some other day of the week, such minor variations in the general pattern of regu. larity would not cause the service to become an irregular service.

(3) An irregular air carrier operates between points A and B, in one direction, on the days of the month which appear in brackets on the following calendar table: S м т W T F

(1) 2 3
5 8 17] 8 9 10 11
12
(13)

14 15 18 17 (18)
19 20 21 (22) 23 24 25

1261 27 28 29 130) These flights are conducted at regularly recurring periods, or substantially regular periods (every 4, 5 or 6 days), and therefore do not achieve infrequency and irregularity of service through frequent and extended definite breaks in service. Such service is not irregular within the meaning of Part 291.

(4) An irregular air carrier operates between points A and B in one direction, on the days of the two successive months which appear in brackets on the following calendar table:

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14) 5 6
7 8 9 (10) 11 12

(13)
14 15 16 17 18 19 20
21
(22) 23 24 1251

26 27 (28) 29 30 (31) These flights are conducted twice a week in succeeding weeks without the intervention of other weeks or similar periods at irregular but frequent intervals during which no flights are operated. Such service is not tr• regular within the meaning of Part 291.

(5) An irregular air carrier operates between points A and B, in one direction, on the days of the two successive months which appear in brackets on the following calendar table:

Since these fights are conducted on the same day of each week, the service is not Irregular within the meaning of Part 291. Moreover, if over a period of weeks an occasional Sunday fight is omitted, or is operated on some other day of the week, such minor variations in the general pattern of

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