The Code of Federal Regulations of the United States of America

212.2 Scope of authorization.

212.3 Tariffs to be filed 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.

For the purposes of this part:

(a) "Charter trip" means foreign air transportation performed by a foreign air carrier holding a foreign air carrier permit issued pursuant to section 402 of the Act authorizing such carrier to engage in foreign air transportation on an individually ticketed or individually waybilled basis where the entire capacity of one or more aircraft has been engaged for the movement of persons and their baggage or for the movement of property, on a time, mileage or trip basis.

(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 for-eign 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; a description of the proposed operations; type aircraft to be flown; and, if reciprocity 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.

1 Copies of this Form available, upon request, in the Publications Section, C. A. B.

Upon a showing that good cause exists for failure to adhere to the above requirements 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 memorandum 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.

§ 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 "affili

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,

Distance fares, rates, or charges. Time fares, rates, or charges.

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 thereupon deny said application without hearing, or assign it for hearing, or consider the proposed name as an issue if there is to be a hearing on the merits of the application. If the application is amended and returned to the Board with a new name, it will be treated as a new application for name purposes.