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3) 14)

(6] 7 (8) 9 10 11 (12] [13] 14 15 16 17 (18) 19 (20) 21 (22) 23 24 25 26 27 28 29 30 (31)

11) 2 13) 4 5 16] 7 8 (9) (10) 11 12 13 (14) 15 (16) 17 (18) (19) 20 21 22 23 24 25 26 27 (28) (29) 30 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 suficient 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:

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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: S M T W T

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(1)
2 3

5 6 7 8 (9) 10 11 12 13 14 15 16 (17) 18 19 20 21 22 23 24 25 (261 27 (28) 29 30 31 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 fights. 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) : S M T W T F S

1 2 3 4 5 6 7 8 (9) (10) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1281 29 30

1 2 3 4 15) (6) 1*7) (28) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1291 1: 301 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 maxi. mum certificated take-off weight (AS

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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 regu. larity. 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 table: S M T W

T F S 1 (2) 3 (4) 5 (6) 7 (8) 9 (10) 11 (12) 13 14 16 16 17 18 19 (20) 21 (22) 23 (24) 26 126) 27 1281 29 (30) 31

(1) 2

13] 5 6

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10 (11) 12 (13)

(15) 16 (17) 18 (19) 20 (21)

22 (23) 24 25 26 27

29 30 (31) These flights are operated every other day except for infrequent breaks. Such service

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defined in § 42.1 of this title), (3) meaning of “large irregular air carrier" does not hold a certificate of public con- as defined in § 291.1(a): Provided, That venience and necessity under section 401 no air carrier shall be so classified unless of the Civil Aeronautics Act of 1938, as it holds a letter of registration issued to amended, and (4) does not operate, or it as a large irregular carrier pursuant to hold out to the public expressly or by application therefor filed with the Board course of conduct that it operates, one before August 6, 1948, and not revoked or or more aircraft between designated cancelled as of May 20, 1949, And propoints, or within a designated point, vided, That so long as an air carrier, regularly or with a reasonable degree heretofore classed as a large irregular of regularity, upon which aircraft it carrier, continues to hold a letter of accepts for transportation, for compen- registration as a large irregular carrier sation or hire, such members of the as aforesaid, it shall be deemed to come public as apply therefor or such prop- within this classification.' erty as the public offers. No air carrier (ER-168, 17 F.R. 635, Jan. 22, 1952) shall be deemed to be an irregular air carrier unless the air transportation

§ 291.15 Large irregular carriers; ex.

emptions. services offered and performed by it are of such infrequency as to preclude an Except as otherwise provided in this implication of a uniform pattern or part, each large irregular carrier, falling normal consistency of operation be- within the classification in § 291.2, shall tween, or within, such designated points. be temporarily exempt from the follow(b) Point. The term “point” as used

ing provisions of Title IV of the Civil in this part shall mean any airport or

Aeronautics Act of 1938, as amended: place where aircraft may be landed or

(a) Subsection 401 (a); taken off, including the area within a

(b) Subsection 404 (a): Provided, 25-mile radius of such airport or place.

however, That each such large irregular (c) Agreement. The term “agree

carrier shall abide by these provisions ment,” as used in this part, shall mean

of this subsection which require air carany oral or written agreement, contract,

riers to provide safe service, equipment, understanding, or arrangement, and any

and facilities in connection with interamendment, revision, modification, re

state and overseas air transportation; newal, extension, cancellation or termi

and to establish, observe and enforce nation thereof.

just and reasonable individual rates, (d) Ticket agent. The term “ticket

fares and charges and just and reasonagent" as used in this part, shall mean

able classifications, rules, regulations and any person, whether such person is an

practices relating to such air transporother air carrier or is acting as a ticket

tation agent, travel agent, travel bureau, broker,

(c) Subsection 405 (e). forwarder, or otherwise (other than a

(ER-146, 14 F.R, 3549, June 29, 1949) bona fide regular employee of the direct air carrier concerned), who for compen- § 291.16 Large irregular carriers; du. sation or profit;

ration of exemption. (1) Solicits, obtains, receives, or fur

The temporary exemption conferred nishes directly or indirectly passengers or by $ 291.15 shall terminate and cease groups of passengers for transportation

to be effective with respect to each large upon aircraft of an irregular air carrier,

irregular carrier at 5 p.m., eastern dayor

light saving time, on June 20, 1949: (2) Procures or arranges for air trans

Provided, That any large irregular carportation of passengers or groups of pas

rier which before such time has on file sengers upon aircraft of such an air carrier by charter, lease, or any other arrangement.

* This second proviso is designed to take (ER-146, 14 F.R. 3546, June 29, 1949, as

care of the rare case where an operator of

small aircraft was heretofore classed as amended by ER-154, 14 F.R. 6807, Nov. 11, 1949; ER-168, 17 F.R. 635, Jan. 22, 1952)

large irregular carrier because the number

of aircraft he operated between 6,000 and 8 291.2 Classification.

12,500 pounds aggregated more than 25,000

pounds. At his option, he may continue to There is hereby established a classi

hold such letter and operate in accordance fication of air carriers to be designated with this part or surrender it and operate "large irregular air carriers”, consisting under Part 298 of this subchapter. He may of all air carriers coming within the not do both.

8

1 1

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; con.

dition to exercise of temporary ex

emption 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; non

transferability 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; sus.

pension 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; rev

ocation 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; can

cellation 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; inter

locking 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 relation. ship 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; lim

itations 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.

(a) Large irregular carriers shall not carry persons in foreign air transportation.

(b) Large irregular carriers shall not carry in interstate or overseas air transportation persons who do not fall into one of the following categories:

(1) Persons to whom tickets of the carrier in the form prescribed by $ 291.24 have been sold and issued at the time of sale by the carrier or one of its regular employees; or,

(2) Persons who have been furnished by a ticket agent with whom the carrier has entered into a written agreement for the furnishing of passengers, and to whom tickets of the carrier in the form prescribed by $ 291.24 have been sold and issued by such ticket agent at the time of sale; or,

(3) Persons obtained from another air carrier pursuant to written agreement; or,

(4) Persons to whom the carrier is au. thorized to grant free or reduced rate transportation pursuant to the provisions of section 403 of the act and Part 223 of this chapter, and to whom passes in the form prescribed by $ 291.24 have been issued: Provided, That no pass need be issued for free or reduced rate transportation of persons pursuant to § 223.2 of this chapter. (ER-154, 14 F.R. 6807, Nov. 11, 1949) $ 291.24. Form of tickets to be used.

Each ticket issued by the carrier, or by its authorized ticket agent, shall have printed thereon the name and address of the carrier, and shall provide appropriate spaces for, and shall have entered thereon, at the time of sale, the name and permanent address of the passenger, the date of sale, the date of fight, origin and destination points, and the fare actually paid by the passenger. Such tickets shall also be signed at the time of sale by a duly authorized officer or employee of the carrier or agent. On or after the date of flight, tickets shall be validated by the carrier in some appropriate manner on the face thereof to indicate that either the transportation service covered thereby has been rendered or appropriate refund has been made where no service or only a part of the air transportation service has been rendered. In those cases where the carrier is by law entitled to transport any

person at a free or reduced rate a pass shall be issued to such person, with the exception of those persons described in § 223.3 of this subchapter, prior to departure of flight and taken up by the carrier at the destination point. Each such pass shall have printed thereon the name and address of the carrier, and shall contain on its face the name and address of the passenger, the date of the flight, origin and destination points, and shall indicate the status of the passenger entitling him to free or reduced rate transportation. (ER-154, 14 F.R. 6807, Nov. 11, 1949) § 291.25 Large irregular carriers; con

ditions on operating authority; pay.

ments to or from ticket agents. As an express condition on the operating authority granted by this part and the letters of registration issued hereunder, no large irregular air carrier shall accept payment from or make payment to any ticket agent furnishing passengers or groups of passengers for transportation by air except on the basis of a written bill, invoice, or other written statement showing:

(a) The information specified in § 291.24 contained in tickets sold to passengers furnished by such ticket agent;

(b) The amount of commission or other consideration paid to, or retained by, such ticket agent in return for services rendered in connection with the furnishing of transportation, including payment, allowance, or reimbursement for cash advances for crew expenses, flight expenses, communication services, advertising or any other service. (ER-154, 14 F.R. 6808, Nov. 11, 1949) § 291.26 Large irregular carriers; con

ditions on operating authority; agree

ments with ticket agents. As express conditions on the operating authority granted by this part and the letters of registration issued hereunder.

(a) Each agreement between a large irregular carrier and any ticket agent shall be reduced to writing and signed by all the parties thereto, if it relates to any of the following subjects:

(1) The furnishing of persons or groups of persons for transportation,

(2) The arranging for flights for the accommodation of passengers or groups of passengers.

(3) The solicitation or generation of passenger traffic to be transported by a large irregular carrier, or

* Tickets and passes Issued hereunder must be preserved in accordance with Part 249 of this chapter.

(4) The charter or lease of aircraft. (ER-173, 17 F.R. 7811, Aug. 27, 1952; 17

(b) No large irregular carrier shall F. R. 8146, Sept. 10, 1952) make or maintain any agreement, or

NOTE: In order to assist carriers in complyparticipate in any arrangement, with or ing with this section, applications should involving any ticket agent or air carrier generally conform to the pertinent portions with respect to the conduct or holding of the Rules of Practice Applicable to Exempout of air transportation services by tion Proceedings (8$ 302.400 to 302.409 of this such carrier individually or by such car

chapter). An executed original and 19 true rier in combination, conjunction, or col

copies of each application, properly sub

scribed, should be filed with the Docket Seclaboration with another air carrier or

tion, Civil Aeronautics Board, Washington 25, carriers, where the collective air trans

D. C., which will assign a docket number portation service so agreed upon or thereto. In accordance with its regular pracarranged would, if conducted by a single tice, the Docket Section will summarize the carrier, take it out of the classification of contents of the application in the "Weekly an irregular air carrier as set forth in

Notice of Applications Filed” which is availthis part.

able to the public on request through the

Board's Publications Section. (ER-154, 14 F.R. 6808, Nov, 11, 1949)

The applicant should set forth in detail $ 291.28 Business name of air carrier.

the facts relied upon to establish a due show

ing that the use of the other name proposed On and after November 15, 1952, it would not be contrary to the public interest. shall be an express condition upon the Specifically, the application should contain operating authority granted by this part the following information: and the letters of registration issued

1. The name of the carrier as contained in

its current certificate of public convenience hereunder that the air carrier concerned,

and necessity or other economic authorizain holding out to the public and in per

tion from the Board. forming air transportation services shall 2. The other name which the carrier prodo so only in a name the use of which is poses to use in connection with its air transauthorized under the provisions of this portation operations. section.

3. Evidence in support of the required due (a) Except as otherwise provided under

showing that the use of the other name will

not be adverse to the public interest. paragraph (b) of this section, an air car

If the applicant alleges that it has derier may do business in the name in

veloped good will in the other name, it must which its letter of registration is then in addition set forth in detail facts to show issued and outstanding, including ab- the nature and extent thereof. In this conbreviations, contractions, initial letters, nection, the application should set forth evior other minor variations of such name

dence showing the following: which are readily identifiable therewith.

1. The existence of the good will.

2. The length of time which the other (b) An air carrier may do business in such other and different name or names

name has been used by the applicant.

3. The amount of money invested in the as the Board may by order permit, upon development of the good will. a finding that the use of such other 4. That the use of the other name does name or names is not contrary to the not constitute an unfair or deceptive pracpublic interest. Any such permission

tice or method of competition in air transmay be made conditional upon the aban

portation. donment of the use of the name in which

The application should be accompanied its letter of registration

by a statement of supporting economic data issued and

and a record of service upon other interested outstanding, in air transportation service

parties. Service of the application should be by the air carrier concerned, or otherwise made upon other interested carriers such as be made subject to such reasonable terms those which use a name similar in whole or and conditions as the Board may find

in part to that proposed by the applicant. necessary to protect the public interest.

The Board urges, in the interest of facili(c) Slogans shall not be considered

tating compliance with the new regulations,

that any air carrier seeking permission to names for the purposes of this section, use a name different from the one now auand their use is not restricted hereby. thorized should file its application with the

(d) Neither the provisions of this sec- Board as soon as possible. tion nor the grant of a permission here

(17 F. R. 9554, Oct. 21, 1952) under shall be deemed to constitute a finding for purposes other than for this

$ 291.31 Nonapplicabiilty. section, or to effect a waiver of, or exemp- This part shall not apply to any air tion from, any provisions of the Civil carrier authorized by a certificate of Aeronautics Act, or any orders, rules, or public convenience and necessity to enregulations issued thereunder.

gage in air transportation, to Alaskan

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