airlift to the Government upon a determination that an airlift or national emergency exists or upon the activation E of CRAF. § 290.2 Exemption for lease of aircraft. Any CRAF Operator shall be exempt 1 from sections 408(a) (2) and 412 of the I Federal Aviation Act of 1958 insofar as I the provisions thereof relate to the lease of aircraft by such operator with or without crew from other carriers to replace the aircraft which such operator has been required to furnish under the expanded capability provisions of its contract with the Government in an emergency. Such lease agreements may also include provisions for maintenance and all other ground facilities and services related to the operation of the aircraft. The exemption under this part shall be subject to the following conditions: (a) No CRAF operator shall lease an aircraft from another air carrier for more than 90 days. (b) No CRAF operator may have under lease from other air carriers at any one time pursuant to this regulation, more aircraft than it has been required to furnish to the Government. § 290.3 Exemption for operations. An air carrier whose aircraft are leased to a CRAF operator pursuant to this part, shall be exempt: (a) From section 401 of the Act insofar as the provisions thereof would prevent such air carrier from engaging in air transportation, pursuant to the terms of the lease, between points between which the CRAF operator is authorized by certificate or exemption to engage in air transportation; and (b) from section 403 of the Act insofar as the provisions thereof would prevent such air carrier from engaging in such air transportation in accordance with the financial provisions of its lease agreement with the CRAF operator. 291.15 Large irregular carriers; exemptions. 291.16 Large irregular carriers; duration of exemption. 291.17 Large irregular carriers; condition to exercise of temporary exemption privilege. 291.18 Large irregular carriers; nontransferability of letter of registration. 291.19 Large irregular carriers; suspension of letter of registration. 291.20 Large irregular carriers; revocation of letter of registration. 291.21 Large irregular carriers; cancellation of letter of registration. 291.22 Large irregular carriers; interlocking relationships. 291.23 Large irregular carriers; limitations and scope of exemption. Form of tickets to be used. Large irregular carriers; conditions on operating authority; payments to or from ticket agents. 291.24 291.25 291.26 Large irregular carriers; conditions on operating authority; agreements with ticket agents. 291.28 291.31 299 Business name of air carrier. Nonapplicability. 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 here 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 illustrations 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 traffic solicitation efforts. In other words, an irregular air carrier is not immune 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 order 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: 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 occasional flight is omitted, or is operated on some other day of the week, such minor variations in the general pattern of regularity 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: 17 [18] 19 20 21 [22] 23 24 25 [26] 27 28 29 [30] 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: 14 20 27 24 31 6208 15 16 17 18 19 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 irregular 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: In this pattern, unlike the preceding example, two breaks of at least a week occur within a 2-month period. However, operations in the other weeks occur with such frequency that the breaks in service are not of sufficient frequency and extent to compensate for the substantial number of flights conducted with frequency over a substantial period. The flights are not irregular within the meaning of Part 291. (6) 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: The flights do not exceed two per week and the 2-month period includes two definite breaks in service. However, in view of the frequent rendition of service on Tuesdays and Fridays the breaks in service and comparatively small number of flights operated are not sufficient to destroy the pattern of regularity. The service is not irregular within the meaning of Part 291. (7) 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 is not irregular within the meaning of Part 291. (8) Four large irregular air carriers agree to utilize the services of a single ticket agency, XYZ Ticket Agency, Inc., with respect to service between points A and B, and to furnish to the agent the dates upon which each will operate between A and B. If the flights, considered in combination, of such carriers between A and B reveal a pattern of operations similar tc those shown in examples (1) through (7) above, the combination of flights constitute regular air transportation and each such carrier is deemed to be conducting regular operations between A and B. (9) 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: These flights are conducted on a different day of each week, and are operated only after frequent and definite breaks in service. Although two flights (on the 26th and 28th) were operated within one period of less than one week, this frequency was compensated for by the breaks of at least a week between the other flights. The flights are therefore irregular within the meaning of Part 291. (10) 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 (numerals above and to the left of dates appearing in brackets indicate the number of flights operated on those dates): 27 28 [29] [30] 31 These flights are conducted in such manner that frequent, extended and definite breaks in service occur at irregular intervals and therefore the service is irregular within the meaning of Part 291. § 291.1 Definitions. (a) Large irregular carriers. The term large irregular air carrier means any air carrier which (1) directly engages in air transportation, (2) utilizes in such transportation one or more aircraft of more than 12,500 pounds maximum certificated take-off weight (as defined in § 42.1 of this title), (3) does not hold a certificate of public convenience and necessity under section 401 of the Civil Aeronautics Act of 1938, as amended, and (4) does not operate, or hold out to the public expressly or by course of conduct that it operates, one or more aircraft between designated points, or within a designated point, regularly or with a reasonable degree of regularity, upon which aircraft it accepts for transportation, for compensation or hire, such members of the public as apply therefor or such property as the public offers. No air carrier shall be deemed to be an irregular air carrier unless the air transportation services offered and performed by it are of such infrequency as to preclude an implication of a uniform pattern or normal consistency of operation between, or within, such designated points. (b) Point. The term "point" as used in this part shall mean any airport or place where aircraft may be landed or taken off, including the area within a 25-mile radius of such airport or place. (c) Agreement. The term "agreement," as used in this part, shall mean any oral or written agreement, contract, understanding, or arrangement, and any amendment, revision, modification, renewal, extension, cancellation or termination thereof. (d) Ticket agent. The term "ticket agent" as used in this part, shall mean any person, whether such person is another air carrier or is acting as a ticket agent, travel agent, travel bureau, broker, forwarder, or otherwise (other than a bona fide regular employee of the direct air carrier concerned), who for compensation or profit; (1) Solicits, obtains, receives, or furnishes directly or indirectly passengers or groups of passengers for transportation upon aircraft of an irregular air carrier, or (2) Procures or arranges for air transportation of passengers or groups of passengers upon aircraft of such an air carrier by charter, lease, or any other arrangement. [ER-146, 14 F.R. 3546, June 29, 1949, as amended by ER-154, 14 F.R. 6807, Nov. 11, 1949; ER-168, 17 F.R. 635, Jan. 22, 1952] § 291.2 Classification. There is hereby established a classification of air carriers to be designated "large irregular air carriers", consisting of all air carriers coming within the meaning of "large irregular air carrier” as defined in § 291.1(a): Provided, That no air carrier shall be so classified unless it holds a letter of registration issued to it as a large irregular carrier pursuant to application therefor filed with the Board before August 6, 1948, and not revoked or cancelled as of May 20, 1949, And provided, That so long as an air carrier, heretofore classed as a large irregular carrier, continues to hold a letter of registration as a large irregular carrier as aforesaid, it shall be deemed to come within this classification.1 [ER-168, 17 F.R. 635, Jan. 22, 1952] § 291.15 Large irregular carriers; exemptions. Except as otherwise provided in this part, each large irregular carrier, falling within the classification in § 291.2, shall be temporarily exempt from the following provisions of Title IV of the Civil Aeronautics Act of 1938, as amended: (a) Subsection 401 (a); (b) Subsection 404 (a): Provided, however, That each such large irregular carrier shall abide by these provisions of this subsection which require air carriers to provide safe service, equipment, and facilities in connection with interstate and overseas air transportation; and to establish, observe and enforce just and reasonable individual rates, fares and charges and just and reasonable classifications, rules, regulations and practices relating to such air transportation. (c) Subsection 405 (e). [ER-146, 14 F.R. 3549, June 29, 1949] § 291.16 Large irregular carriers; duration of exemption. The temporary exemption conferred by 291.15 shall terminate and cease to be effective with respect to each large irregular carrier at 5 p.m., eastern daylight saving time, on June 20, 1949: Provided, That any large irregular carrier which before such time has on file 1 This second proviso is designed to take care of the rare case where an operator of small aircraft was heretofore classed as a large irregular carrier because the number of aircraft he operated between 6,000 and 12,500 pounds aggregated more than 25,000 pounds. At his option, he may continue to hold such letter and operate in accordance with this Part or surrender it and operate under Part 298 of this subchapter. He may not do both. with the Board pursuant to section 416 (b) of the act an application for an individual exemption from Title IV of the act extending to all or part of the air transportation which such large irregular carrier is authorized to perform as of June 19, 1949, pursuant to the temporary exemption conferred by § 291.15 may continue, except during any such time as its letter of registration may be suspended, to exercise such privilege until, but only until, the date specified in the Board's order finally disposing of its application for individual exemption, or until its letter of registration is revoked or canceled, whichever shall be earlier. Suspension of the letter of registration of a large irregular carrier shall not render such carrier ineligible to file an application for individual exemption hereunder. [ER-146, 14 F.R. 3549, June 29, 1949] § 291.17 Large irregular carriers; condition to exercise of temporary exemption privilege. No person shall exercise the temporary exemption privilege conferred by § 291.15 unless there is in effect with respect to such person a letter of registration issued by the Board, acknowledging that such person has been duly registered with the Board as a large irregular carrier under the provisions of this part as amended, relating to irregular air transportation. [ER-146, 14 F.R. 3549, June 29, 1949] $ 291.18 Large irregular carriers; nontransferability of letter of registra tion. A letter of registration of a large irregular carrier shall be nontransferable and shall be effective only with respect to the person or persons named therein. [ER-146, 14 F.R. 3549, June 29, 1949] § 291.19 Large irregular carriers; suspension of letter of registration. Letters of registration of large irregular carriers shall be subject to immediate suspension when, in the opinion of the Board, such action is required in the public interest. [ER-146, 14 F.R. 3549, June 29, 1949] § 291.20 Large irregular carriers; revocation of letter of registration. Letters of registration of large irregular carriers shall be subject to revocation, after notice and hearing, for knowing and willful violation of any provisions of the act or of any order, rule, or regulation issued under any such provisions or of any term, condition or limitation of any authority issued under said act or regulations. [ER-146, 14 F.R. 3549, June 29, 1949] § 291.21 Large irregular carriers; cancellation of letter of registration. (a) The letter of registration of any large irregular carrier shall be cancelled without prejudice upon the filing by such carrier of a written request for cancellation: Provided, That the Board may refuse to grant such request if any proceeding or action is pending in which the carrier's letter may be subject to suspension or revocation. (b) In any case in which the Board has reason to believe that a large irregular carrier has ceased to operate pursuant to the temporary exemption conferred by § 291.15, the Board may, by registered letters mailed to the carrier at its last known address and to the designated agent of such carrier, if any, request such carrier to advise the Board, within 60 days after receipt thereof, whether such carrier wishes to continue such operations or to have its letter of registration canceled. Failure to reply within a period of 60 days after receipt thereof, or return of such letters unclaimed, shall automatically terminate all rights under such letter of registration. [ER-146, 14 F.R. 3549, June 29, 1949] § 291.22 Large irregular carriers; interlocking relationships. If an application by any large irregular carrier for approval of an interlocking relationship in existence on May 20, 1949, and heretofore exempt from the provisions of section 409 (a) of the Civil Aeronautics Act is filed with the Board on or before June 20, 1949, such carrier may retain the officer, director, member or stockholder involved in such relationship pending final disposition by the Board of said application, and such relationship is hereby approved pending such final disposition. [ER-146, 14 F.R. 3549, June 29, 1949] § 291.23 Large irregular carriers; limitations and scope of exemption. The exemption accorded large irregular carriers by this part shall not extend to the air transportation of persons hereinafter prohibited in this section. |