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S M T W T F S

(1)
13] (4) 5 (6) 7 (8) 9
10 11 (12) (13) 14 15 16
17 (18) 19 (20) 21 (22) 23

25 26 27 28 29 30 (31)

11) 2 13] 4 5 (6) 7 8 19) (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:

20

22

24

30

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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 to 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 F S (1) 2 3

5
6 7 8 (9) 10 11 12
13 14 15 16 (17) 18 19
21
23

25 (261
27 (28) 29

31 These fights 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

8 (9) (10) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (281 29 30

1 2 3 4 15) (°6) 187] [28] 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 129) 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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1

8 (15) 22 29

17] 14 (21) 1281

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 suficient to destroy the pattern of regu. larity. The service is not Irregular withio 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)

(101 11 (12) 13 14 15 16 17 18 19 (20) 21 [22] 23 (24) 26 (26) 27 (281 29 (30) 31

(1) 2 (3) 5 6 7

9 10 (11) 12 (13) 14 (15)

16

(17) 18 (19) 20 (21) 22 (23) 24 25 26 27 28 29 30 (31) These flights are operated every other day except for infrequent breaks. Such service

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) 8 291.2

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." (ER-168, 17 F.R. 635, Jan. 22, 1952) $ 291.15 Large irregular carriers; ex.

emptions. Except as otherwise provided in this part, each large irregular carrier, falling within the classification in g 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; du.

ration 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

* 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 and willful violation of any provisions of (b) of the act an application for an the act or of any order, rule, or regulaindividual exemption from Title IV of tion issued under any such provisions or the act extending to all or part of the of any term, condition or limitation of air transportation which such large any authority issued under said act or irregular carrier is authorized to per regulations. form as of June 19, 1949, pursuant to (ER-146, 14 F.R. 3549, June 29, 1949] the temporary exemption conferred by

$ 291.21 Large § 291.15 may continue, except during

gular carriers; can

cellation of letter of registration. any such time as its letter of registration may be suspended, to exercise such priv

(a) The letter of registration of any ilege until, but only until, the date speci large irregular carrier shall be cancelled fied in the Board's order finally disposing without prejudice upon the filing by such of its application for individual exemp carrier of a written request for cancellation, or until its letter of registration is

tion: Provided, That the Board may rerevoked or canceled, whichever shall be fuse to grant such request if any proceedearlier. Suspension of the letter of reg ing or action is pending in which the istration of a large irregular carrier shall carrier's letter may be subject to susnot render such carrier ineligible to file pension or revocation. an application for individual exemption (b) In any case in which the Board has hereunder.

reason to believe that a large irregular (ER-146, 14 F.R, 3549, June 29, 1949)

carrier has ceased to operate pursuant to

the temporary exemption conferred by § 291.17 Large irregular carriers; con. $ 291.15, the Board may, by registered

dition to exercise of temporary ex. letters mailed to the carrier at its last emption privilege.

known address and to the designated No person shall exercise the tempo agent of such carrier, if any, request such rary exemption privilege conferred by carrier to advise the Board, within 60 $ 291.15 unless there is in effect with days after receipt thereof, whether such respect to such person a letter of regis carrier wishes to continue such operatration issued by the Board, acknowledg

tions or to have its letter of registration ing that such person has been duly regis

canceled. Failure to reply within a petered with the Board as a large irregular

riod of 60 days after receipt thereof, or carrier under the provisions of this part

return of such letters unclaimed, shall as amended, relating to irregular air

automatically terminate all rights under transportation.

such letter of registration.

(ER-146, 14 F.R. 3549, June 29, 1949] (ER-146, 14 F.R. 3549, June 29, 1949) $ 291.18 Large irregular carriers; non

§ 291.22 Large irregular carriers; inter. transferability of letter of registra

locking relationships. tion.

If an application by any large irregular A letter of registration of a large ir

carrier for approval of an interlocking regular carrier shall be nontransferable

relationship in existence on May 20, 1949, and shall be effective only with respect

and heretofore exempt from the provi

sions of section 409(a) of the Civil Aeroto the person or persons named therein. [ER-146, 14 F.R. 3549, June 29, 1949)

nautics Act is filed with the Board on or

before June 20, 1949, such carrier may $ 291.19 Large irregular carriers; sus

retain the officer, director, member or pension of letter of registration.

stockholder involved in such relationLetters of registration of large irregu ship pending final disposition by the lar carriers shall be subject to immediate Board of said application, and such relasuspension when, in the opinion of the tionship is hereby approved pending Board, such action is required in the such final disposition. public interest.

(ER-146, 14 F.R. 3549, June 29, 1949) (ER-146, 14 F.R. 3549, June 29, 1949)

8 291.23 Large irregular carriers; lim§ 291.20 Large irregular carriers; rev

itations and scope of exemption. ocation of letter of registration.

The exemption accorded large irreguLetters of registration of large irregular lar carriers by this part shall not extend carriers shall be subject to revocation, to the air transportation of persons hereafter notice and hearing, for knowing inafter 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 g 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 flight, 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 fights 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.

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(4) The charter or lease of aircraft. 2.

(ER-170, 17 F.R. 7811, Aug. 27, 1952; 17 7

(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 ($$ 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 pecifically, the application should contain

operating authority granted by this part the following information: Cand the letters of registration issued

1. The name of the carrier as contained in hereunder that the air carrier concerned,

its current certificate of public convenience

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 paragraph (b) of this section, an air car

not be adverse to the public interest.

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. (b) An air carrier may do business in

2. The length of time which the other 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

by a statement of supporting economic data its letter of registration is 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 facill(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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