Subpart D-Procedure for Advisory

Opinion on the Eligibility of a Char

terer

§ 214.60 Advisory opinion.

A foreign air carrier or prospective charterer may request an advisory opinion from the Bureau of Operating Rights, Civil Aeronautics Board, Washington, D.C., 20428, regarding the eligibility of the prospective charterer to obtain charter service in accordance with this part. The Bureau's opinion will be based on the representations submitted and shall not be binding upon the Board in any proceeding in which the lawfulness of the respective charter may be in issue. Such representations should include complete information as to the chartering organization (purposes, activities, date founded, membership requirements, and fees); the purpose of the charter trip; the requirements for participation in the charter; how charter participants were solicited; and the anticipated charges to the participants.

NOTE: The reporting and record-retention requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

AUTHORITY: The provisions of this Part 215 issued under secs. 101(3), 204(a), 401, 402, 411, 416, 417, 72 Stat. 737, 743, 754, 757, 769, 771, 76 Stat. 145; 49 U.S.C. 1301, 1324, 1371, 1372, 1381, 1386, 1387.

SOURCE: The provisions of this Part 215 contained in ER-386, 28 F.R. 9201, Aug. 21, 1963, unless otherwise noted.

§ 215.1 Applicability.

This part applies to all direct and indirect air carriers and foreign air carriers, except air taxi operators.

§ 215.2 Use of name.

In holding out to the public and in performing air transportation services, an air carrier or foreign air carrier subject to this part shall use only the name in which its operating authorization is issued, or a name the use of which has been authorized by the Board. Except

as provided in §§ 221.21(j) and 221.35(d) of this chapter (Economic Regulations), minor variations in the use of this name including abbreviations, contractions, initial letters, or other variations of such name which are readily identifiable therewith are permitted. Slogans and service marks shall not be considered names for the purposes of this part, and their use is not restricted hereby.

§ 215.3 Change of name or use of trade

name.

(a) Applications. Any carrier subject to this part which desires to change the name in which its operating authorization has been issued or a name the use of which has previously been authorized by the Board, or to use a trade name, may file with the Board an application for permission to do so. The application shall comply with §§ 302.3 and 302.4 of this chapter (Board's Procedural Regulations) but need not be served on any person unless the Board so directs.

(b) Disposition. Upon proceedings pursuant to § 215.4 (a), (b), (c) and (d), the Board will grant permission for the change of name or use of a trade name if it finds that the use of such name is not contrary to the public interest. Any such permission may be conditioned upon the abandonment of the use of the currently authorized name or names in air transportation service by the party concerned, or otherwise be made subject to such reasonable terms and conditions as the Board may find necessary to protect the public interest. If the name originally applied for is one in which the applicant has a prior business interest, the applicant may be permitted by the Board to advertise his affiliation with his other business, even though his operating authority has not been issued under that original name because of the public confusion problem. For example:

(1) If an applicant is in business as a surface freight forwarder under a name which might cause confusion, and he wishes to organize a new company for his air freight forwarder business, he may be permitted to represent to the public that the new company is an "affiliate of a surface freight forwarder." The new company name shall always be displayed more prominently than the name of the company with which the carrier is affiliated, and, as illustrated, the nature of the business of the company with which the new company is affiliated shall always be

displayed as prominently as its name.

(2) If an applicant intends to undertake air transportation activities under an existing company name which would cause confusion, he may be required to hold out his air transportation activities under a trade name. However, it may be necessary to include a requirement that the existing company name as well as the trade name appear on all airwaybills and contracts entered into by the company, as well as on all insurance policies in a form which will obviate any possible confusion, such as:

-Forwarding Co. d/b/a

Ajax Air Freight

In such instances, the trade name selected shall at all times be displayed more prominently than the company name, and the company name shall not be used in any way for advertising purposes, unless the fact that there is no affiliation with another air carrier is prominently spelled out.

§ 215.4 Procedure in cases of similarity of names.

(a) Initiation of proceeding. When processing an application for an exemption to perform air transportation services, a letter of registration, an operating authorization, or for any other operating rights except certificates of public convenience and necessity and foreign air carrier permits, or when processing an application for permission to change names or to use a trade name, the Board will compare the proposed name with a list of names used by existing and former air carriers and foreign air carriers, other than air taxi operators. Names not used for a considerable length of time may be deleted from the list. If it appears that a possibility of public confusion with a name or names on the list exists, the Board will notify the carrier or carriers which may be affected because of present or past use of such names by themselves or by carriers which they have absorbed. The notification will identify the applicant and state its proposed name or the name requested, area of operation, location of agencies and terminals, type of business, and other pertinent matters. A copy of this notification will also be sent to the applicant.

NOTE: Non-action under this provision shall not be construed as a determination by the Board that there is no confusion

similarity or as an adjudication of any rights or liabilities.

(b) Answer.

Within 15 days the notified carrier or any other interested person may submit to the Board and serve upon the applicant an answer in writing setting forth its position as to whether public confusion will result because of similarity of names, along with relevant factual information. Such answers should set forth facts with respect to the following matters, among others: (1) The similarity of the names; (2) expected geographical overlap and relationship between the two carriers; (3) comparison of the types of operations of the respective carriers; and (4) the extent to which any or all of the words in the applicant's name or the name requested, or such words in any combination, have been identified by the public, with the other carrier. In this connection, the statement should point out (i) length of time the carrier has been operating; (ii) other carriers using the same words or combinations of them in their name; and (iii) relevant court or Board decisions concerning confusingly similar names. Where there is no notification by the Board, any interested person may file an answer within 30 days after the date of filing of the application.

(c) Reply. Within 15 days from the date of service of the answer, the applicant may submit a reply to the Board and serve it upon the persons who have filed answers.

(d) General requirements of pleadings. Answers and replies shall be filed with the Board in accordance with the requirements of §§ 302.3 and 302.4 of this chapter (Board's Procedural Regulations).

(e) Determination in case of applications for operating authority. If the Board determines that an applicant's name will not result in public confusion the application will be examined and acted upon according to its other merits. If it is determined that said name may result in public confusion, the applicant may, within 15 days, (1) amend the application by changing the proposed name, or (2) withdraw the application, or (3) request that the issue of similarity of names be assigned for hearing or considered as an issue if there is to be a hearing on the merits of the application. If the applicant asks for a hearing, he shall outline the evidence to be presented on this issue and shall show the need for hearing thereon. The Board may there

Subpart S-Giving and Revoking Powers of

Attorney to Agents

Sec. 221.220 Method of giving power of attorney. 221.221 Method of revoking power of attorney.

221.222 Method of withdrawing portion of authority conferred by power of attorney.

221.223 Procedure for alternate agent to assume the duties of and take over tariffs of the principal agent. 221.224 Procedure for having new principal agent assume the duties of and take over tariffs of another agent. 221.225 New powers of attorney to be filed within 180 days after death or disability of either principal or alternate.

Subpart T-Adoption Publications Required To Show Change in Carrier's Name or Transfer of Operating Control

221.230 Adoption notice. 221.231 Adoption supplements and revised title pages to be filed to former carrier's tariffs. 221.232 Receiver shall file adoption notice and supplements. 221.233 Agents' and other carriers' tariffs shall reflect adoption.

221.234

221.235

C. A. B. numbers of tariffs issued by adopting carrier and method of publishing reference to C. A. B. numbers of former carrier's tariffs.

Concurrences or powers of attorney to be reissued.

221.236 Numbering adopting carrier's letters of tariff transmittal.

221.237 Numbering adopting carrier's Special Tariff Permission applications. Cessation of operations without

221.238

221.244 Power of attorney.

221.245 Notice of Revocation of Power of Attorney.

221.246 Adoption notice.

221.247 Adoption supplement.
221.248 Specimen title page of tariff.

Subpart V-Complaints Against Tariffs 221.250 Complaints against tariffs.

AUTHORITY: The provisions of this Part 221 issued under secs. 204, 401, 403, 404, 411, 1001, 1002, 72 Stat. 743, as amended; 49 U.S.C. 1324 1371, 1373, 1374, 1381, 1481, 1482.

SOURCE: The provisions of this Part 221 contained in ER-439, 30 F.R. 9439, July 29, 1965, unless otherwise noted.

§ 221.1

Subpart A-General

Applicability of this part.

All tariffs and amendments to tariffs of air carriers and foreign air carriers filed with the Board pursuant to section 403 of the act shall be constructed, published, filed, posted and kept open for public inspection in accordance with the regulations in this part.

§ 221.2 Board may direct reissue of publications.

The Board for good cause shown, may direct the reissue of any tariff publication, concurrence, or power of attorney at any time.

§ 221.3 Carrier's duty.

(a) Must file tariffs. Every air carrier and every foreign air carrier shall file with the Board, and print, and keep open to public inspection, tariffs showing all rates, fares, and charges for air transportation between points served by it, and between points served by it and points served by any other air carrier or foreign air carrier, when through service and through rates shall have been established, and showing to the extent required by regulations of the Board, all classifications, rules, regulations, practices, and services in connection with such air transportation. Tariffs shall be filed, posted, and published in such form and manner, and shall contain such information as the Board shall by regulation prescribe. Any tariff so filed which is not consistent with section 403 of the act and such regulations may be rejected. Any tariff so rejected shall be void.

(b) Must observe tariffs. No air carrier or foreign air carrier shall charge or demand or collect or receive a greater or less or different compensation for air transportation or for any service in connection therewith, than the rates, fares and charges specified in its currently effective tariffs; and no air carrier or foreign air carrier shall, in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise, refund or remit any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities, with respect to matters required by the Board to be specified in