ing 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]

PART 292-CLASSIFICATION AND EXEMPTION OF ALASKAN AIR CARRIERS

Sec.

292.1

292.2

Classification.

Charter trips and special services. 292.3 Procedural requirements. 292.4 Off-route schedules; filing requirements and effect thereof.

AUTHORITY: The provisions of this Part 292 issued under § 204 (a) of the Federal Aviation Act of 1958, 72 Stat. 743; 49 U.S.C. 1324. Interpret or apply secs. 401, 416, 72 Stat. 754, 771; 49 U.S.C. 1371 and 1386.

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

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 infre

quent, 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 regulations, 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.

295.10 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 or gratuities.

REQUIREMENTS RELATING TO TRAVEL AGENTS 295.20 Prohibition against double compensation.

295.21 Prohibition against payments or 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.

Subpart C-Provisions Relating to Mixed Charters Sec.

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 sec. 204(a), 72 Stat. 743, 49 U.S.C. 1324. Interpret or apply sec. 401(d) (3) and sec. 401(n); 76 Stat. 143, 144; 49 U.S.C. 1371.

SOURCE: The provisions of this Part 295 contained in ER-408, 29 F.R. 6005, May 7, 1964, except as 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); 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 the 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 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 the carrier's own personnel and property.

(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 six 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 an 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 industrial membership organizations, 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.

[ER-408, 29 F.R. 6005, May 7, 1964, as amended by ER-427, 30 F.R. 2656, Mar. 2, 1965]

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 a part hereof.

(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]

Subpart A-Provisions Relating to Pro Rata Charters

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 295.1 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

1 Copies of this part are available by purchase from the Superintendent of DocuSingle ments, Washington, D.C., 20402. copies will be furnished without charge on written request to the Publications Unit, Civil Aeronautics Board, Washington, D.C., 20428.

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:

(i)

(1) Substitute air transportation. 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 weather or other operational conditions shall be excluded if, and while, the air carrier had an airworthy aircraft which is capable of transporting the charter group in a condition of operational readiness posted at such airport.

(v) Air carriers may subcontract the performance of transatlantic passenger charter services which they have con

tracted to perform, only to air carriers authorized by the Board to perform such services.

(2) Incidental expenses.1a (i) On all charter flights bound from a point outside the continent where the charter originated to the point where it terminates, unless the air carrier causes an aircraft to finally enplane each passenger and commence the take-off procedures at the airport of departure before the sixth hour following the time scheduled for the departure of such flight, it shall pay incidental expenses in accordance with the provisions of this subparagraph. Such payments shall be made at the air. port of departure as soon as they become due to the charterer, or its duly authorized agent, for the account of each passenger, including infants and children traveling at reduced fares.

(ii) Such payments shall be made at the rate of $16.00 for each full twentyfour hour period of delay following the scheduled departure time. However, the sum of $8.00 shall be paid for each passenger delayed six hours following the scheduled departure time. Thereafter, during the succeeding 18 hours of delay, an additional sum of $8.00 shall be paid for each passenger delayed in installments of $4.00 for the first and second succeeding six-hour period of delay, or any fractional part thereof. If the delay continues beyond a period of 24 hours following the scheduled departure time, such payments shall be made in equal installments of $4.00 for each further sixhour period of delay, or any fractional part thereof: Provided, however, That the air carrier may, at its option, discharge this obligation by providing free meals and lodging in lieu of making such payments. The obligation of the air carrier to pay incidental expenses or provide free meals and lodging shall cease when substitute air transportation is provided in accordance with the provisions of subparagraph (1) of this paragraph.

(d) Each and every contract for a transatlantic charter to be operated hereunder shall incorporate the provi

la Although the requirements with respect to providing incidental expenses are made expressly applicable only to the return leg of a charter flight, the air carriers are expected, in the case of delay in departure of the originating leg of a flight, to furnish such incidental expenses to charter passengers whose homes are not located within a reasonable distance from the point of origination of the charter.