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air carriers, to operations within Alaska, or to any noncertificated air carrier engaged in air transportation pursuant to special or individual exemption by the Board or pursuant to exemption created by any other part of this subchapter. (ER-146, 14 F.R. 3546, June 29, 1949. Redesignated by ER-154, 14 F.R. 6807, Nov. 11, 1949) $ 291.32 Separability,

If any provisons of this part or the application thereof to any air transportation, person, class of persons, or circumstances is held invalid, the remainder of the part and the application of such provisions to other air transportation, persons, classes of persons, or circumstances shall not be affected thereby. (ER-146, 14 F.R. 3546, June 29, 1949. Redesignated by ER-154, 14 F.R. 6807, Nov. 11, 1949) § 291.33 Past violations.

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)

$ 292.1 Classification.

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 transportation (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

PART 292_CLASSIFICATION AND EX

EMPTION OF ALASKAN AIR CAR-
RIERS

Sec. 292.1 Classification. 292.2 Charter trips and special services. 292.3 Procedural requirements. 292.4 Off-route schedules; filing require

ments and effect thereof.

AUTHORITY: The provisions of this part 292 issued under secs. 204, 401, 416, 72 Stat. 743; 49 U.S.C. 1324, 1371, 1386.

SOURCE: The provisions of this part 292 contained in ER-410, 29 F.R. 9822, July 22, 1964, unless otherwise noted.

or

or

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 re

quirements 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.

Sec.
295.3 Waiver.
295.4 Separability.
295.5 Records and record retention.
Subpart A-Provisions Relating to Pro Rata

Charters
295.10 Applicability of subpart.

REQUIREMENTS RELATING TO AIR CARRIERS 295.11 Solicitation and formation of

chartering group. 295.12 Pre-trip notification. 295.13 Tariffs to be on file. 295.14 Terms of service. 295.15 Agent's commission. 295.16 Prohibition against payments

gratuities. REQUIREMENTS RELATING TO TRAVEL AGENTS 295.20 Prohibition against double compen

sation. 295.21 Prohibition against payments

gratuities. 295.22 Statement of supporting information. REQUIREMENTS RELATING TO THE CHARTERING

ORGANIZATION 295.30 Solicitation of charter participants. 295.31 Passengers on charter flights. 295.32 Participation of immediate families

in charter flights. 295.33 Charter costs. 295.34 Statements of charges. 295.35 Passenger manifests. 295.36 Statement of supporting information. Subpart B Provisions Relating to Single Entity

Charters 295.39 Applicability of subpart. 295.40 Tariffs to be on file. 295.41 Terms of service. 295.42 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

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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

stances in which the services are advertised in mass media, whether or not the advertisement is addressed to members of a specific organization, and regardless of who places or pays for the advertising. Mass media shall be deemed to include radio and television, and newspapers and magazines. Advertising in such media as newsletters or periodicals of membership organizations, industrial plant newsletters, college radio stations and college newspapers shall not be considered advertising in mass media to the extent that

(i) The advertising is placed in a medium of communication circulated mainly to members of an organization that would be eligible to obtain charter service, and

(ii) The advertising states that the charter is open only to members of the organization referred to in subdivision (i) of this subparagraph, or only to members of a subgroup thereof. In this context, a subgroup shall be any group with membership drawn primarily from members of the organization referred to in subdivision (i) of this subparagraph: Provided, That this paragraph shall not be construed as prohibiting air carrier advertising which offers charter services to bona fide organizations, without reference to a particular organization or flight.

(2) The solicitation, without limitation, of the members of an organization

so constituted as to ease of admission to : membership, and nature of membership,

as to be in substance more in the nature of a segment of the public than a private entity.

(m) "Study group” charter means a charter in which the charter group is comprised of bona fide participants in a formal academic study course abroad and in which the charterer is a bona fide school empowered by state educational authorities to grant college degrees or secondary school diplomas and operated as a school on a year-round basis. (ER-408, 29 F.R. 6005, May 7, 1964, as amended by ER-427, 30 F.R. 2656, Mar. 2, 1965; ER-450, 31 F.R. 558, Jan. 18, 1966; ER475, 31 F.R. 12948, Oct. 5, 1966; ER-479, 31 F.R. 14937, Nov. 26, 1966]

NOTE: ER-452, 31 F.R. 2681, Feb. 12, 1966, postponed the effective date of ER-450 ($ 295.2 (k) and (m)) until the pending petitions for reconsideration are acted upon.

$ 295.3 Waiver.

A waiver of any of the provisions of this part may be granted by the Board upon the submission by an air carrier of a written request therefor not less than 30 days prior to the flight to which it relates provided such a waiver is in the public interest and it appears to the Board that special or unusual circumstances warrant a departure from the provisions set forth herein. $ 295.4 Separability.

If any provision of this part or the application thereof to any air transportation, person, class of person, or circumstance is held invalid, neither the remainder of the part nor the application of such provision to other air transportation, persons, classes of persons, or circumstances shall be affected thereby. § 295.5 Records and record retention.

(a) Prior to performing any supplemental air transportation pursuant to this part, the carrier shall execute, and require the travel agent (if any) and charterer to execute, the form “Statement of Supporting Information” attached hereto and made part hereof: Provided, That this requirement shall not apply to inclusive tour charters.

(b) Each air carrier operating pursuant to this part shall comply with the applicable record-retention provisions of Part 249 of this subchapter, as amended. (ER-408, 29 F.R. 6005, May 7, 1964, as amended by ER-421, 29 F.R. 14025, Oct. 10, 1964; ER 475, 31 F.R. 12948, Oct. 5, 1966) Subpart A—Provisions Relating to

Pro Rata Charters § 295.10 Applicability of this subpart.

This subpart sets forth the special rules applicable to pro rata charters. REQUIREMENTS RELATING TO AIR CARRIERS $ 295.11 Solicitation and formation of

a chartering group. (a) A carrier shall not engage, directly or indirectly, in any solicitation of individuals (through personal contact, advertising, or otherwise) as distinguished from the solicitation of an organization for a charter trip.

(b) A carrier shall not employ, directly or indirectly, any person for the purpose

of organizing and assembling members of any organization, club, or other entity into a group to make the charter flight. $ 295.12 Pre-trip notification.

Upon a charter flight date being reserved by the carrier or its agent, the carrier shall provide the prospective charterer with a copy of this part 295.' The charter contract shall include a provision that the charterer, and any agent thereof, shall only act with regard to the charter in a manner consistent with this part and that the charterer shall within due time submit to the carrier such information as specified in $ $ 295.34 and 295.35 and submit to each charter participant the information identified in $ 295.34. The carrier shall also require that the charterer and any travel agent involved shall furnish it in due time for review before flight the information required in $ $ 295.36 and 295.22, respectively. $ 295.13 Tariffs to be on file.

No air carrier shall perform any supplemental air transportation unless such air carrier shall have on file with the Board a currently effective tariff showing all rates, fares, and charges for the use of the entire capacity or one-half the capacity of one or more aircraft in such supplemental air transportation and showing all rules, regulation practices and services in connection with such supplemental air transportation, including eligibility requirements for charter groups not inconsistent with those established in this part. $ 295.14 Terms of service.

(a) The total charter price and other terms of service rendered pursuant to this part shall conform to those set forth in the applicable tariff on file with the Board and in force at the time of the respective charter flight and the contract must be for the entire capacity or for one-half the capacity of one or more aircraft. Where a carrier's charter charge computed according to a mileage

tariff includes a charge for ferry mileage, the carrier shall refund to the charterer any sum charged for ferry mileage which is not in fact flown in the performance of the charter: Provided, That the carrier shall not charge the charterer for ferry mileage flown in addition to that stated in the contract unless such mileage is flown for the convenience of and at the express direction of the charterer.

(b) Insurance coverage shall be maintained in compliance with the insurance requirements of Part 208 of this subchapter.

(c) The air carrier shall provide substitute transportation and pay incidental expenses, with respect to delays on return portions of flights, as follows:

(1) Substitute air transportation. (i) On all charter flights, unless the air carrier causes an aircraft to finally enplane each passenger and commence the takeoff procedures at the airport of departure before the forty-eighth hour following the time scheduled for the departure of such flight, it shall provide substitute transportation in accordance with the provisions of this subparagraph.

(ii) As soon as the air carrier discovers, or should have discovered by the exercise of reasonable prudence and forethought, that the departure of any such charter flight will be delayed more than fortyeight hours, such air carrier shall arrange for and pay the costs of substitute air transportation for the charter group on another charter flight, operated by any other air carrier or foreign air carrier.

(iii) When neither the charter transportation contracted for nor substitute transportation has been performed before the expiration of forty-eight hours following the scheduled departure time of any such charter flight, the charterer, or his duly authorized agent, may arrange for substitute air transportation of the members of the charter group, at economy or tourist class fares, on individually ticketed flights and the chartered air carrier shall pay the costs of such air transportation to the substitute air carrier or foreign air carrier.

(iv) In determining the period of time during which the departure of a charter flight has been delayed within the purview of this subparagraph, periods of delay caused by the prohibition of flights from the airport of departure because of

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