211.4 Incorporation by reference. 211.5 General provisions regarding contents. AUTHORITY: The provisions of this Part 211 issued under secs. 204, 402, 72 Stat. 743, 757; 49 U.S.C. 1324, 1372. § 211.1 Formal requirements. Applications for permits to engage in foreign air transportation under the terms of section 402 of the act (called foreign air carrier permits in this part) shall meet the requirements set forth in § 302.3 of this chapter as to execution, number of copies, formal specifications of papers, and verifications, except that Canadian operators filing applications for foreign air carrier permits authorizing casual, occasional and infrequent flights with small aircraft across the Canada-United States borders shall file one original and seven true copies of the application. The verifications shall be subscribed and sworn to before a Notary Public or other officer authorized to administer oaths in the jurisdiction in which such application is executed. Notwithstanding the laws of the country of applicant's citizenship, an application verified before a United States consular officer will be deemed to have met the requirements of this section. All pages of an application shall be consecutively numbered, and the application shall clearly describe and identify each exhibit by a separate number or symbol. All exhibits shall be deemed to constitute a part of the application to which they are attached. [ER-385, 28 F.R. 8283, Aug. 13, 1963] § 211.2 Filing and service. Applications for foreign air carrier permits shall be forwarded to the Board, through diplomatic channels, by the government of the applicant's country of citizenship, and shall be deemed to have been filed on the date such applications are actually received by the Board: Provided, That applications by Canadian operators for foreign air carrier permits authorizing casual, occasional and infrequent flights with small aircraft across the Canada-United States borders shall be filed directly with the Board. Each applicant shall furnish such additional copies of its application, and shall make such service thereof upon such other persons as the Board may at any time require. [ER-385, 28 F.R. 8283, Aug. 13, 1963] Any information which the Board may request of an applicant subsequent to receiving its application, or any information which the applicant deems appropriate to submit thereafter, shall be furnished in the form of an amendment to the original application. All amendments to applications shall be consecutively numbered and shall comply with the requirements of this part as to form, number of copies, verification, and in all other essential respects. [ER-146, 14 F.R. 3528, June 29, 1949] In general it is desirable that incorporation by reference shall be avoided. However, where two or more applications are filed by a single carrier, lengthy exhibits or other documents attached to one may be incorporated in the others by reference if that procedure will substantially reduce the cost to the applicant. Canadian operators filing ap plications for renewal of previously granted foreign air carrier permits authorizing casual, occasional and infrequent flights across the Canada-United States borders with small aircraft may incorporate by reference supporting documents previously submitted in connection with their applications for original 402 permits where no substantial changes have occurred since the filing of the original documents. [ER-385, 28 F.R. 8284, Aug. 13, 1963] § 211.5 General provisions regarding contents. The statements contained in an application shall be restricted to signifiI cant and relevant facts. They shall be free from argumentation or from E expressions of opinion, except as such may be required by this part. Each application shall give full and adequate information with respect to each of the items set forth in this section. The application may contain such other information and data as the applicant shall deem necessary or appropriate in order to acquaint the Board fully with the particular circumstances of its case. Among other things, every such application shall contain the following information: (a) The full name and address of the applicant, the nature of its organization (individual, partnership, corporation, etc.), and, if other than an individual, the name of the country under the laws of which it is organized and the statutory citation of such laws, if any. The citizenship of the applicant should be shown, as well as the percentage of direct and indirect beneficial and nonbeneficial interest in applicant held by each government and aggregate of nationals of each government, other than the government of applicant's citizenship. If the applicant is governmentally owned or controlled in whole or in part, the extent of such governmental ownership or control should be shown. (b) The name and official address of the competent air authority of applicant's country of cftizenship having regulatory jurisdiction over applicant. (c) An identification of the route or routes to be covered by the permit for which application is made, specifying the type or types of service (mail, passenger, and property) to be rendered on each such route, and whether or not such services are to be rendered in scheduled operations. The identification of each route shall name every terminal and intermediate point to be served by applicant in connection with the service for which a permit is sought. (d) A map (which may be attached as an exhibit) drawn approximately to scale, showing all terminal and intermediate points, both in the United States and in all foreign countries to be served by applicant in connection with the service for which the permit is sought, giving the approximate air mileages between all adjacent points, and principal overall distances. [ER-146, 14 F.R. 3528, June 29, 1949, as amended by ER-367, 27 F.R. 11533, Nov. 24, 1962] PART 212-OFF-ROUTE CHARTER TRIPS BY FOREIGN AIR CARRIERS Sec. 212.1 212.2 212.3 Definitions. Scope of authorization. Tariffs to be filled for off-route charter trips. 212.4 Limitation on the operation of offroute charter trips. 212.5 Statements of Authorization; application. 212.6 Issuance of Statement of Authorization. 212.7 Keeping of records. AUTHORITY: The provisions of this Part 212 issued under secs. 204, 402, 72 Stat. 743, 757; 49 U.S.C. 1324, 1372. SOURCE: The provisions of this Part 212 contained in ER-236, 23 F.R. 7062, Sept. 12, 1958, unless otherwise noted. (1) By a person for his own use; (2) By a person (no part of whose business is the formation of groups for transportation or solicitation or sale of transportation services) for the transportation of a group of persons as agent or representative of such group; (3) By two or more persons acting jointly for the transportation of such group of persons, or their property; (4) By an air freight forwarder holding a currently effective letter of registration issued under Part 297 of this subchapter for the carriage of property in foreign air transportation or by a foreign indirect air carrier, whether or not the property to be carried is the result of a previous consolidation; (5) By a direct air carrier or surface carrier when such aircraft is engaged solely for the transportation of company personnel and cargo or commercial traffic in cases of emergency. With the consent of the charterer, the foreign air carrier may utilize any unused space for the transportation of company personnel or cargo. (b) Within the meaning of this part, a charter trip shall not be deemed to include transportation services (1) offered by a foreign air carrier to individual members of the general public, (2) performed by a foreign air carrier under an arrangement with a person (other than an arrangement with a person and under the conditions described in paragraph (a) (4) and (5) of this section) who provides or offers to provide transportation to the general public, or (3) engaged by persons paying for such services an amount aggregating in excess of the transporting carrier's duly published charter rate or fare: Provided, That in the case of a charter trip in which the total charge is prorated among the members of a group, this provision shall not be deemed to preclude the reimbursement of the group representative for reasonable administrative expenses actually incurred in arranging the charter. (c) "Off-route charter trip" means a charter trip performed by a foreign air carrier between points between which it does not have authority under a foreign air carrier permit issued by the Board to engage in foreign air transportation on an individually ticketed or individually waybilled basis: Provided, That this definition shall not include a charter trip between a point in the United States named in the foreign air carrier permit of the carrier performing such charter trip and a point outside the United States which is not so named if such charter trip is operated via, and lands at, the foreign terminal point named in the foreign air carrier permit of such foreign air carrier. § 212.2 Scope of authorization. Off-route charter trips may be performed by foreign air carriers, subject to the limitations and regulations set forth in this part, by all direct foreign air carriers who hold currently effective foreign air carrier permits issued by the Board pursuant to section 402 of the act authorizing such carriers to engage in charter trips in foreign air transportation without regard to the points named in such permits. § 212.3 Tariffs to be filed for off-route charter trips. No foreign air carrier shall perform any off-route charter trips unless such foreign air carrier shall have on file with the Board a currently effective tariff showing all rates, fares, and charges for such charter trips, and showing the rules, regulations, practices, and services in connection with such transportation. § 212.4 Limitation on the operation of off-route charter trips. A foreign air carrier shall not perform any off-route charter trip unless specific authority in the form of a Statement of Authorization to conduct such charter trip has been granted by the Board. § 212.5 Statements of Authorization; application. (a) Application for a Statement of Authorization shall be submitted on CAB Form 4331 to the Civil Aeronautics Board, addressed to the attention of the Director, Bureau of Air Operations. Upon a showing of good cause, such application may be transmitted by cablegram or telegram or may be made by telephone. Each applicant shall keep on file with the Director, Bureau of Air Operations a copy of its current standard form of charter agreement. Each application shall contain an abstract of the charter agreement setting forth the names and addresses of the operator, the charterer, and their agents, if any; & description of the proposed operations; type aircraft to be flown; and, if reci 1 Copies of this Form available, upon request, in the Publications Section, C. A. B. procity has not previously been established or if any changes have occurred since the previous Board finding thereon, I documentation to establish the extent to which the nation which is the domicile of the applicant grants a similar privilege with respect to United States air carriers. A true copy of the charter agreement actually consummated shall be transmitted to the Director of the Bureau of Air Operations as soon as practicable but in no event later than (15) days after consumEmation. (b) Applications shall be filed with the Board at least five days in advance of the date of the commencement of the proposed flight, except that applications for authority to conduct planeload cargo charters may be filed not less than 48 hours in advance of the proposed flight. Upon a showing that good cause exists for failure to adhere to the above requireIments and that waiver of these requirements is in the public interest, applications later submitted may be considered by the Board. (c) Any party in interest may file a memorandum in support of or in opposition to the grant of an application. Such a memorandum shall set forth in detail the reasons why the party believes the application should be granted or denied and shall be accompanied by such data, including affidavits, which it is desired that the Board shall officially notice. Copies of the memorandum shall be served upon the foreign air carrier to whose application such memorandum is directed. Nothing in this subparagraph shall be deemed to preclude the Board from granting or denying an application when the circumstances so warrant without awaiting the filing of memorandu in support of or in opposition to the application. (d) Except to the extent that the Board shall direct that such information be withheld from public disclosure as hereinafter specified, every application and its supporting documents filed pursuant to this section shall be open to public inspection, and notice thereof shall be published in the Board's Weekly List of Applications Filed. Any person may make written objection to the Board to the public disclosure of such information or any part thereof, stating the grounds for such objection. If the Board finds that disclosure of such information or part thereof would adversely affect the interests of such person and is not required in the interest of the public, it will order that such information or part be so withheld. § 212.6 Issuance of Statement of Authorization. (a) If the Board finds that the proposed charter trip or trips meet the requirements of this part, that the foreign nation which is the domicile of the applicant grants a similar privilege with respect to United States air carriers, and that such charter trip or trips are otherwise in the public interest, it will issue a Statement of Authorization for the conduct of the trip or trips set forth in the application. Such Statement of Authorization may be withheld, conditioned or limited by the Board as the public interest may require. (b) In passing upon the requirements of the public interest the Board will consider the following things, among others: (1) Whether the foreign air carrier has previously conducted similar flights on a regular and frequent basis in relation to the regularity and frequency of its on-route charter, scheduled, and nonscheduled operations. (2) Whether the off-route charter was generated as a result of solicitation of individual members of the traveling public. (3) Whether the foreign air carrier or its agent or the charterer or its agent has previously violated any of the provisions of this part. (c) Action by the Board upon applications for Statements of Authorization shall be published in the Status of Charter Applications attachment to the Weekly List of Applications Filed. Copies of the letter advising the applicant air carrier of the action taken on its application will be made available to interested persons upon request. § 212.7 Keeping of records. (a) Each foreign air carrier receiving an authorization under this part shall make available true copies of all manifests, airway bills, invoices and other traffic documents covering flights originating or terminating in the United States, at a place in the United States where such documents may be inspected upon request by an authorized representative of the Board or the Federal Aviation Agency. 214.10 Applicability of this subpart. REQUIREMENTS RELATING TO FOREIGN AIR 214.11 Solicitation and formation of a chartering group. 214.12 Pre-trip notification. 214.13 Tariffs to be on file. 214.14 Terms of service. 214.15 Agent's commission. 214.16 Prohibition against payments or gratuities. REQUIREMENTS RELATING TO TRAVEL AGENTS 214.20 Prohibition against double compensation. 214.21 Prohibition against payments or gratuities. REQUIREMENTS RELATING TO THE CHARTERING ORGANIZATION 214.30 Solicitation of charter participants. 214.31 Passengers on charter flights. 214.32 Participation of immediate families in charter flights. (a) "Charter foreign air transportation of persons" means charter flights in air transportation performed pursuant to a permit which is issued under section 402 of the Act (other than permit expressly made subject to Part 212 of this chapter) and which authorizes the holder to engage in charter transportation only. (b) "Charter flight” means air transportation performed by a direct foreign 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); or (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 transportation or in the solicitation or sale of transportation services); 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 transportation or in the solicitation or sale of transportation services): Provided, That the definition of "charter flight" in subparagraph (2) of this paragraph shall not apply with respect to any foreign air carrier to the extent that its permit authorizes it to engage in "planeload" charter foreign air transportation of persons; Provided further, That with the consent of the charterer, the direct foreign air |