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(1) By a person for his own use;

such charter trip and a point outside the (2) By a person (no part of whose United States which is not so named if business is the formation of groups for such charter trip is operated via, and transportation or solicitation or sale of lands at, the foreign terminal point transportation services) for the trans named in the foreign air carrier permit portation of a group of persons as agent of such foreign air carrier. or representative of such group; (3) By two or more persons acting

§ 212.2 Scope of authorization. jointly for the transportation of such Off-route charter trips may be pergroup of persons, or their property; formed by foreign air carriers, subject to

(4) By an air freight forwarder hold the limitations and regulations set forth ing a currently effective letter of regis in this part, by all direct foreign air cartration issued under Part 297 of this sub riers who hold currently effective foreign chapter for the carriage of property in air carrier permits issued by the Board foreign air transportation or by a foreign pursuant to section 402 of the act auindirect air carrier, whether or not the thorizing such carriers to engage in char. property to be carried is the result of a ter trips in foreign air transportation previous consolidation;

without regard to the points named in (5) By a direct air carrier or surface such permits. carrier when such aircraft is engaged

§ 212.3 Tariffs to be filed for off-route solely for the transportation of company

charter trips. personnel and cargo or commercial traffic in cases of emergency.

No foreign air carrier shall perform

any off-route charter trips unless such With the consent of the charterer, the

foreign air carrier shall have on file with foreign air carrier may utilize any un

the Board a currently effective tariff used space for the transportation of com

showing all rates, fares, and charges for pany personnel or cargo.

such charter trips, and showing the rules, (b) Within the meaning of this part,

regulations, practices, and services in a charter trip shall not be deemed to in

connection with such transportation. clude transportation services (1) offered by a foreign air carrier to individual § 212.4 Limitation on the operation of members of the general public, (2) per

off-route charter trips. formed by a foreign air carrier under an

A foreign air carrier shall not perform arrangement with a person (other than

any off-route charter trip unless specific an arrangement with a person and un

authority in the form of a Statement of der the conditions described in para Authorization to conduct such charter graph (a) (4) and (5) of this section)

trip has been granted by the Board. who provides or offers to provide transportation to the general public, or (3)

§ 212.5 Statements of Authorization; engaged by persons paying for such sery

application. ices an amount aggregating in excess of (a) Application for a Statement of the transporting carrier's duly published Authorization shall be submitted on CAB charter rate or fare: Provided, That in Form 433 to the Civil Aeronautics the case of a charter trip in which the Board, addressed to the attention of the total charge is prorated among the mem Director, Bureau of Air Operations. bers of a group, this provision shall not Upon a showing of good cause, such be deemed to preclude the reimburse application may be transmitted by cablement of the group representative for rea gram or telegram or may be made by sonable administrative expenses actually telephone. Each applicant shall keep incurred in arranging the charter.

on file with the Director, Bureau of Air (c) “Off-route charter trip” means a Operations a copy of its current standard charter trip performed by a foreign air form of charter agreement. Each applicarrier between points between which cation shall contain an abstract of the it does not have authority under a for charter agreement setting forth the eign air carrier permit issued by the names and addresses of the operator, the Board to engage in foreign air transpor

charterer, and their agents, if any; & tation on an individually ticketed or in

description of the proposed operations; dividually waybilled basis: Provided, That this definition shall not include a

type aircraft to be flown; and, if recicharter trip between a point in the United States named in the foreign air * Copies of this Form available, upon recarrier permit of the carrier performing quest, 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, - 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 consummation.

(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 require

ments 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 & memorandum in support of or in opposition to the grant of an application. Such a memorandum shall set forth in detall 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 memorandur 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. 8 212.6 Issuance of Statement of Au.

thorization. (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 & 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 & 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.

PART 214-TERMS, CONDITIONS,

AND LIMITATIONS OF FOREIGN
AIR CARRIER PERMITS AUTHORIZ-
ING CHARTER TRANSPORTATION
ONLY

Sec.
214.1 Applicability.
214.2 Definitions.
214.3 Waiver.
214.4 Separability.
214.5 Reporting.
214.6 Record retention.
Subpart A-Provisions Relating to Pro Rata

Charters
214.10 Applicability of this subpart.
REQUIREMENTS RELATING TO FOREIGN AIR

CARRIERS 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 compen

sation. 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. 214.33 Charter costs. 214.34 Statements of charges. 214.35 Passenger manifests. Subpart B-Provisions Relating to Single

Entity Charters 214.39 Applicability of subpart. 214.40 Tariffs to be on file. 214.41 Terms of service. 214.42 Commissions paid to travel agents. Subpart C—Provisions Relating to Mixed

Charters 214.50 Applicable rules. Subpart D-Procedure for Advisory Opinion on

the Eligibility of a Charterer 214.60 Advisory opinion.

AUTHORITY: The provisions of this Part 214 issued under secs. 204, 402, 72 Stat. 743, 757; 49 U.S.C. 1324, 1372.

SOURCE: The provisions of this Part 214 contained in ER-457, 31 F.R. 5348, Apr. 5, 1966, unless otherwise noted.

$ 214.1 Applicability.

This part establishes the terms, conditions, and limitations applicable to charter foreign air transportation of persons pursuant to foreign air carrier permits authorizing the holder to engage in charter transportation only. $ 214.2 Definitions.

(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

carrier may utilize any unused space for the transportation of (i) the carrier's own personnel and property and/or (ii) the directors, officers and employees of an air carrier or another foreign 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, de

pendent 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 formal

academic study course abroad. 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 offered by a foreign air carrier under circumstances 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

1 The Board recently amended the provisions of Part 295 with respect to "study group charters" (ER-450, 31 F.R. 557), but postponed the effective date of the amendment pending disposition of the petitions for reconsideration thereof (ER-452, 31 F.R. 2681). If the Board subsequently makes effective the study group charter amendment to Part 295, appropriate changes will be made in Part 214.

nature of a segment of the public than file of all tariffs issued by it and by its a private entity.

agents and those issued by other carriers (ER-457, 31 F.R. 5348, Apr. 5, 1966, as in which it concurs. Each tariff shall be amended by ER-466, 31 F.R. 8951, June 29, retained until 3 years after the expiration 1966]

or cancellation thereof. 8 214.3 Waiver.

(c) Each foreign air carrier operat

ing pursuant to this part shall, pursuant A waiver of any of the provisions of

to Part 223 of this subchapter, maintain this part may be granted by the Board

for 3 years in its general offices a record upon the submission by a foreign air

of all passes issued by it and used for carrier of a written request therefor not

free or reduced-rate transportation over less than 30 days prior to the flight to

its routes. which it relates provided such a waiver is in the public interest and it appears to

Subpart A-Provisions Relating to the Board that special or unusual cir

Pro Rata Charters cumstances warrant a departure from

$ 214.10 Applicability of this subpart. the provisions set forth herein. $ 214.4 Separability.

This subpart sets forth the special rules

applicable to pro rata charters. If any provision of this part or the application thereof to any air transporta

REQUIREMENTS RELATING TO FOREIGN AIR

CARRIERS tion, person, class of persons, or circumstance is held invalid, neither the re $ 214.11 Solicitation and formation of mainder of the part nor the application a chartering group. of such provision to other air transporta

(a) A carrier shall not engage, dition, persons, classes of persons, or circumstances shall be affected thereby.

rectly, or indirectly, in any solicitation

of individuals (through personal contact, $ 214.5 Reporting.

advertising, or otherwise)

as distinThirty days after the end of each

guished from the solicitation of an orga

nization for a charter trip. calendar year, each foreign air carrier operating pursuant to this part shall file

(b) A carrier shall not employ, diwith the Board's Bureau of Operating

rectly, or indirectly, any person for the Rights report setting forth the

purpose of organizing and assembling following information pertaining to each

members of any organization, club, or charter flight performed during said

other entity into a group to make the

charter flight. year pursuant to this part: (a) Date of trip.

$ 214.12 Pretrip notification, (b) Points served. (c) Number of round-trip and one

Upon a charter flight date being re

served by the carrier or its agent, the way passengers.

carrier shall provide the prospective (ER-457, 31 F.R. 5348, Apr. 5, 1966, as

charterer with a copy of this Part 214. amended by ER-470, 31 F.R. 10316, July 30,

The charter contract shall include a pro1966]

vision that the charterer, and any agent § 214.6 Record retention.

thereof, shall only act with regard to the (a) Every foreign air carrier operat charter in a manner consistent with this ing pursuant to this part shall retain true part and that the charterer shall within copies of the following documents for a due time submit to the carrier such inperiod of 2 years at its principal or gen formation as specified in § 214.35. eral office and shall make them available

$ 214.13 Tariffs to be on file. in the United States upon request at any proper time by an authorized representa

Prior to performing any foreign air tive of the Board or the Federal Aviation

transportation governed by this part, a Agency: Every charter contract, all pas

foreign air carrier shall have on file with senger manifests including those filed by the Board a currently effective tariff filed charterers, and proof of the commis

in accordance with Part 221 of the sion paid to any travel agent by the carrier.

? Copies of this part are available by pur(b) Each foreign air carrier operating

chase from the Superintendent of Documents,

Washington, D.C., 20402. Single copies will pursuant to this part shall pursuant to

be furnished without charge on written rePart 221 of this subchapter maintain at

quest to the Publications Section, Civil its principal or general office a complete Aeronautics Board, Washington, D.C., 20428.

a

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