(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 authorized 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.2

[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

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

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; conditions on operating authority; payments 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; conditions on operating authority; agreements 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

(4) The charter or lease of aircraft. (b) No large irregular carrier shall make or maintain any agreement, or participate in any arrangement, with or involving any ticket agent or air carrier with respect to the conduct or holding out of air transportation services by such carrier individually or by such carrier in combination, conjunction, or collaboration with another air carrier or carriers, where the collective air transportation service so agreed upon or arranged would, if conducted by a single carrier, take it out of the classification of an irregular air carrier as set forth in this part.

[ER-154, 14 F.R. 6808, Nov. 11, 1949]

§ 291.28 Business name of air carrier. On and after November 15, 1952, it shall be an express condition upon the operating authority granted by this part and the letters of registration issued hereunder that the air carrier concerned, in holding out to the public and in performing air transportation services shall do so only in a name the use of which is authorized under the provisions of this section.

(a) Except as otherwise provided under paragraph (b) of this section, an air carrier may do business in the name in which its letter of registration is then issued and outstanding, including abbreviations, contractions, initial letters, or other minor variations of such name which are readily identifiable therewith. (b) An air carrier may do business in such other and different name or names as the Board may by order permit, upon a finding that the use of such other name or names is not contrary to the public interest. Any such permission may be made conditional upon the abandonment of the use of the name in which its letter of registration is issued and outstanding, in air transportation service by the air carrier concerned, or otherwise be made subject to such reasonable terms and conditions as the Board may find necessary to protect the public interest.

(c) Slogans shall not be considered names for the purposes of this section, and their use is not restricted hereby.

(d) Neither the provisions of this section nor the grant of a permission hereunder shall be deemed to constitute a finding for purposes other than for this section, or to effect a waiver of, or exemption from, any provisions of the Civil Aeronautics Act, or any orders, rules, or regulations issued thereunder.

[ER-173, 17 F.R. 7811, Aug. 27, 1952; 17 F. R. 8146, Sept. 10, 1952]

NOTE: In order to assist carriers in complying with this section, applications should generally conform to the pertinent portions of the Rules of Practice Applicable to Exemption Proceedings (§§ 302.400 to 302.409 of this chapter). An executed original and 19 true copies of each application, properly subscribed, should be filed with the Docket Section, Civil Aeronautics Board, Washington 25, D. C., which will assign a docket number thereto. In accordance with its regular practice, the Docket Section will summarize the contents of the application in the "Weekly Notice of Applications Filed" which is available to the public on request through the Board's Publications Section.

The applicant should set forth in detail the facts relied upon to establish a due showing that the use of the other name proposed would not be contrary to the public interest. Specifically, the application should contain the following information:

1. The name of the carrier as contained in its current certificate of public convenience and necessity or other economic authorization from the Board.

2. The other name which the carrier proposes to use in connection with its air transportation operations.

3. Evidence in support of the required due showing that the use of the other name will not be adverse to the public interest.

If the applicant alleges that it has developed good will in the other name, it must in addition set forth in detail facts to show the nature and extent thereof. In this connection, the application should set forth evidence showing the following:

1. The existence of the good will.

2. The length of time which the other name has been used by the applicant.

3. The amount of money invested in the development of the good will.

4. That the use of the other name does not constitute an unfair or deceptive practice or method of competition in air transportation.

The application should be accompanied by a statement of supporting economic data and a record of service upon other interested parties. Service of the application should be made upon other interested carriers such as those which use a name similar in whole or in part to that proposed by the applicant.

The Board urges, in the interest of facilitating compliance with the new regulations, that any air carrier seeking permission to use a name different from the one now authorized should file its application with the Board as soon as possible.

[17 F. R. 9554, Oct. 21, 1952] § 291.31 Nonapplicabiilty.

This part shall not apply to any air carrier authorized by a certificate of public convenience and necessity to engage in air transportation, to Alaskan

All those provisions of this part in effect prior to the revision adopted April 13, 1949, which are included in the amendment without substantial change are hereby affirmed and continued in effect and all such provisions are intended to speak from the time of their first enactment. All references to violations of the Board's regulations include any violations at any time of the provisions of this part as then in effect, and the aforesaid revision shall in no way affect any pending enforcement proceeding or action, or any enforcement action taken subsequent to May 20, 1949, of this amendment with respect to violations which occurred prior to such date.

[ER-146, 14 F.R. 3546, June 29, 1949. Redesignated by ER-154, 14 F.R. 6807, Nov. 11, 1949]

There is hereby established, within the meaning of section 416(a) of the Federal Aviation Act of 1958, a classification of air carriers which engage in air trans. portation (a) solely between points within the State of Alaska or (b) solely between points within the State of Alaska and between points within the State of Alaska and points in Canada, said classification to be designated as Alaskan air carriers.

§ 292.2 Charter trips and special serv ices.

An Alaskan air carrier which holds a certificate of public convenience and necessity issued by the Board may make charter trips and render other special services between points on routes which it is authorized by its certificate to serve. Charter trips and other special services may also be rendered to or from any other point within or without Alaska: Provided, however, That such trips originate at or are destined to a point in Alaska which is named in the carrier's certificate or which is located within 25 miles of the airline course over the carrier's regular route and is actually being served by the carrier as an intermediate point pursuant to a schedule on file with the Board under section 405 (b) of the Act; And provided further, That all such trips to and from points outside of Alaska are casual, occasional, or infrequent, and are not made in such manner as to result in establishing a regular or scheduled service.

§ 292.3 Procedural requirements.

Notwithstanding the requirements of any other regulation, order or rule of the Board, the following special provisions shall apply in the case of Alaskan air carriers:

(a) Filing of documents with Alaska Liaison Office. A true copy of every application, motion, petition or complaint filed with the Board by or in behalf of any Alaskan air carrier or in connection with air transportation performed or sought to be performed by such air carrier shall be sent simultaneously by air mail to the Board's Alaska Liaison Office, Anchorage, Alaska. Such copy need not bear original signatures.

(b) Posting and preservation of documents. The Alaska Office copies of all documents subject to this part which are required by the Act, or by the regu

lations, orders, or rules of the Board thereunder to be posted in the offices of the Board in Washington, D.C., shall be posted in the office of the authorized representative of the Board in the Alaska Liaison Office; and the Alaska Office copies of documents which are required by section 1103 of the Act to be preserved as public records in the custody of the Secretary of the Board shall be preserved as public records in the custody of the authorized representative of the Board in the Alaska Liaison Office under such reasonable arrangements as he may make for public inspection thereof. Such posting and preservation as public records shall be in addition to those in the Board's offices in Washington, D.C.

§ 292.4 Off-route schedules; filing requirements and effect thereof.

(a) An Alaskan air carrier which desires to include in schedules which it files under section 405 (b) of the Act any new off-route point, pursuant to a provision in its certificate of public convenience and necessity authorizing it to serve as an intermediate point any point not more than 25 miles off the airline course over its regular route, shall file such schedule not later than 30 days prior to the desired effective date. The schedule shall be accompanied by a statement setting out all applicable economic data bearing on the need for the proposed service: Provided, That the Board may permit the filing of such schedules within less than 30 days prior to the desired effective date upon a showing that the public interest will thereby be served.

(b) A flight schedule filed pursuant to this section may be operated according to its terms unless, at least five days prior to the effective date thereof, the Board notifies the carrier that inauguration of such service shall be deferred. Nothing herein contained shall alter the provision in an Alaskan air carrier's certificate whereby the Board may require the holder, without advance notice and without hearing, to suspend indefinitely, or for some other period, further operation of any such service which may have been inaugurated.

295.41 295.42

Applicability of subpart.

Tariffs to be on file.

Terms of service.

Commissions paid to travel agents.

Subpart C-Provisions Relating to Mixed Charters 295.50 Applicable rules.

Subpart D-Procedure for Advisory Opinion on the Eligibility of a Charterer

295.60 Advisory opinion.

AUTHORITY: The provisions of this Part 295 issued under secs. 204, 401, 72 Stat. 743, as amended; 49 U.S.C. 1324, 1371.

SOURCE: The provisions of this Part 295 contained in ER-408, 29 F.R. 6005, May 7, 1964, unless otherwise noted.

§ 295.1 Applicability.

This part establishes the terms, conditions, and limitations of transatlantic supplemental air transportation.

§ 295.2 Definitions.

As used in this part, unless the context otherwise requires

(a) "Transatlantic supplemental air transportation" means charter flights in air transportation performed pursuant to a certificate of public convenience and

necessity issued under section 401(d) (3) of the Act authorizing the holder to engage in supplemental air transportation of persons and their personal baggage between points within the 48 contiguous States of the United States, on the one hand, and points in Greenland, Iceland, the Azores, Europe, Africa, and Asia, as far east as (and including) India, on the other hand.

(b) "Charter flight" means air transportation performed by a direct air carrier on a time, mileage, or trip basis where (1) the entire capacity of one or more aircraft has been engaged for the movement of persons and their personal baggage

(i) By a person for his own use (including a direct air carrier when such aircraft is engaged solely for the transportation of company personnel or commercial passenger traffic in cases of emergency);

(ii) By a representative (or representatives acting jointly) of a group for the use of such group (provided no such representative is professionally engaged in the formation of groups for the transportation or in the solicitation or sale of transportation services); or

(iii) By a tour operator as defined by Part 378 of this chapter;

or (2) one-half the capacity of an aircraft has been engaged by a person for his own use or by a representative or representatives of a group for the use of such group and the remaining half of the capacity of such aircraft has been engaged by another person for his own use or by a representative or representatives of a second group (provided no such representative is professionally engaged in the formation of groups for the transportation or in the solicitation or sale of transportation services).

With the consent of the charterer, the direct air carrier may utilize any unused space for the transportation of (1) the carrier's own personnel and property and/or (2) the directors, officers, and employees of a foreign air carrier or another air carrier traveling pursuant to a pass interchange arrangement.

(c) "Pro rata charter" means a charter the cost of which is divided among the passengers transported.

(d) "Single entity charter" means a charter the cost of which is borne by

the charterer and not by individual passengers, directly or indirectly.

(e) "Mixed charter" means a charter the cost of which is borne, or pursuant to contract may be borne, partly by the charter participants and partly by the charterer.

(f) "Person" means any individual firm, association, partnership, or corporation.

(g) "Travel agent" means any person engaged in the formation of groups for transportation or in the solicitation or sale of transportation services.

(h) "Charter group" means that body of individuals who shall actually participate in the charter flight.

(i) "Charter organization" means that organization, group or other entity from whose members (and their immediate families) a charter group is derived.

(j) "Immediate family" means only the following persons who are living in the household of a member of a charter organization, namely, the spouse, dependent children, and parents, of such member.

(k) "Bona fide members" means those members of a charter organization who have not joined the organization merely to participate in the charter as the result of solicitation directed to the general public. Presumptively persons are not bona fide members of a charter organization unless they are members at the time the organization first gives notice to its members of firm charter plans and unless they have actually been members for a minimum period of 6 months prior to the starting flight date. This presumption will not be applicable in the case of charters composed of (1) students and educational staff of a single school, and immediate families thereof, (2) employees of a single Government agency, industrial plant, or mercantile establishment, and immediate families thereof, or (3) participants in a study group. In the case of all other charters, rebuttal to this presumption may be offered for the Board's consideration by request for waiver.

(1) "Solicitation of the general public" means:

(1) A solicitation going beyond the bona fide members of an organization (and their immediate families). This includes air transportation services of fered by an air carrier under circum