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and subsidiary companies" shall include only a specified company and those companies of which it, directly or indirectly, through one or more intermediate companies, owns 50 percent or more of the voting capital stock issued by such companies. & 251.5 Supplements to applications.
Applicants under this part shall, upon requests of the Board and within such time as may be allowed, supplement any application with such information as may be required by the Board. In the event of any substantial change in the information set forth in the application prior to a decision by the Board upou such application, either by reason of the individual applicant's election or appointment to another position or positions involving an interlocking relationship or otherwise, the application shall be supplemented by such information as will fully describe such change. Such supplements shall comply with the formal requirements of $ 251.2. § 251.6 Uninterrupted tenure; no new
applications required. After the individual applicant has been authorized by the Board to hold a particular position, further application in connection with each successive term will not be required so long as he continues in uninterrupted tenure of such position, unless otherwise ordered by the Board. $ 251.7 Notice of changes in positions.
In the event of the individual applicant's resignation, withdrawal, or failure of reelection or reappointment with respect to any of the positions for which authorization has been granted by the Board, or in the event of any other material or substantial change therein, the individual and each air carrier applicant shall promptly and not more than 30 days after any such change occurs give notice thereof to the Board, setting forth fully the details of any such change. Such notices shall comply with the formal requirements of $ 251.2, except that the verification may be in simple form. $ 251.8 Extent of authorization to hold
position. An order by the Board authorizing an individual applicant to hold the position of director of & Company will be construed as suficient to authorize him to serve also as chairman of the board of
directors or as a member or chairman of any committee or committees of such board. $ 251.9 Revocation of authorization to
hold position. Any order issued by the Board pursuant to section 409(a) of the act shall be subject to revocation in whole or in part by the Board at any time if it deems that the public interest will be adversely affected by the holding by the individual applicant of any or all of the positions authorized to be held by such order. If any individual or air carrier applicant knowingly or wilfully withholds any information called for by this part or any other information which may be material or relevant to the application, or misrepresents facts disclosed in the application, such omission or misrepresentation may be considered suficient cause for the immediate revocation of any such order. 8 251.10 Effect of order.
No order of the Board entered in connection with any application filed pursuant to this part shall constitute approval by the Board of any interlocking relationship which was not fully disclosed. $ 251.11 Reports.
An individual occupying an interlocking relationship pursuant to authorization of the Board may be required to file such periodic or special reports as the Board may deem necessary. & 251.12 Prior applications.
Any application filed prior to March 10, 1942, shall not be subject to the provisions of this part, except to the extent that the Board may, by appropriate request, in particular cases require compliance with any specific provision or provisions hereof. 8 251.13 Procedure governing disposi
tion of applications. (a) Each application will be docketed as received and applicants will be advised of the docket number assigned thereto.
(b) If the Board is convinced by the application and its consideration and investigation thereof that applicants have made a due showing that the public interest will not be adversely affected by the interlocking relationships for which approval is sought, an order of approval will be entered.
(c) If the Board is not convinced that ments executed prior to October 25, applicants have made a due showing ap 1954, shall be filed in accordance with plicants will be advised to that effect by the rules contained in subparagraph (2) letter. Thereupon applicants may file of this paragraph. with the Board a petition in the proceed (2) Oral and informal contracts and ing for leave to withdraw the applica agreements. In the case of oral or memtion, may request that the application be orandum contracts and agreements, it assigned for hearing, or may submit the required number of copies of memo. within a reasonable time to be fixed by randa thereof are filed by any air carrier the Board such additional information as which is a party to such contract or they believe will result in a due showing. agreement, any other air carrier which
(d) In the event additional informa is a party shall be deemed to have com. tion is submitted, the Board reserves the plied with this requirement if it transright to assign the application for hear
mits to the Board within the time preing on its own initiative or to enter an scribed by $ 261.4 a signed statement to order of approval or disapproval in ac
the effect that it concurs in such filing. cordance with its determination that a (b) The filing of copies of contracts due showing has or has not been made. or agreements evidenced by resolutions (e) The Board further reserves the
or other action of association of air carright to vary the procedure herein set
riers may be effected in the following forth insofar as necessary or desirable in manner. The Secretary or other au. disposing of any particular application.
thorized officer of the association may be designated as agent for the purpose of
making such filing. Each air carrier PART 261-FILING OF AGREEMENTS
which is a member of such association Sec.
shall separately transmit to the Board & 261.1 Who shall ile.
written statement, signed by such air 261.2 Number of copies.
carrier, reciting that a designated per261.3 Formal requirements of documents Bled.
son or persons holding the ofice of secre261.4 Place and time of Aling.
tary or other office of the association, or 261.5 Certification and verifcation.
that any person or persons holding & 261.6 Modifications or cancellations.
designated office or offices of the associa261.7 Contracts or agreements previously tion is constituted the attorney in fact bled.
for the filling of copies of any contracts 261.8 Contracts or agreements between ami
or agreements evidenced by resolution or lated carriers.
other action of the association to which AUTHORITY: The provisions of this Part 261 such air carrier may become a party. Issued under secs. 204, 412, 72 Stat. 743, 770; Such authorizations may be revoked at 49 U.S.C. 1324, 1382, unless otherwise noted.
any time by any air carrier by giving SOURCE: The provisions of this Part 261 formal notice of revocation to the Board. contained in ER-146, 14 F.R. 3545, June 29,
(ER-146, 14 F.R. 3545, June 29, 1949, es 1949, unless otherwise noted.
amended by ER-200, 19 FR. 6911, Oct. 28, 8 261.1 Who shall file.
1954) (a) The filing of copies of contracts $ 261.2 Number of copies. and agreements which are required to
(a) There shall be filed with the be filed under the provisions of section
Board two true and complete copies of 412(a) of the Civil Aeronautics Act of
all contracts and agreements which are 1938, as amended, shall be made by every
required to be filed under the provisions air carrier which is a party thereto as
of section 412(a) of the Civil Aeronaufollows: (1) Written contracts and agreements.
tics Act of 1938, as amended. Oral conIn the case of contracts and agreements
tracts and agreements required to be executed after October 25, 1954, formally
filed under the provisions of said section reduced to writing and subscribed by the shall be evidenced by true and complete parties thereto, there shall be a presump written memoranda and two true and tion that if the required number of complete copies of such memoranda copies are filed by any air carrier which shall be filed with the Board. The filing is a party to such contract or agreement, of contracts or agreements evidenced by such Aling has been made on behalf of correspondence or by resolutions of assoitself and all other parties subscribed ciations of air carriers shall be made by thereto. Written contracts and agree filing with the Board two true and com
plete copies of such correspondence or ment. The person or persons verifying resolutions, as the case may be.
such memorandum shall set forth that (b) Additional copies of contracts or they are fully familiar with all the terms agreements shall be furnished to the and conditions of such oral contract or Board upon request.
agreement and that the memorandum (ER-146, 14 FR. 8645, June 29, 1949, as
iled is a true and complete memorandum amended by ER-199, 19 F. R. 6210, Aug. 18,
(c) Copies of correspondence evidenc
ing contracts or agreements shall be ac§ 261.3 Formal requirements of docu
companied by the certifications of the ments filed.
secretary or other duly authorized officer All documents filed under this part of the filing party or parties to the effect shall be on strong, durable white paper that such copies are true and complete and, if possible, not larger than 842 copies of the originals of such correinches by 13 inches in size, except spondence. that tables, charts, maps, and other doc (d) One copy of each contract or uments larger than that size may be agreement evidenced by resolution or folded to approximately the required other action of associations of air carrimeasurements. The left margin should ers shall bear the certification of the be at least 112 inches wide and if the secretary of the association to the effect document is bound, it should be bound that such copy is a true and complete on the left side. One copy of each type copy of the resolution duly adopted by written document should be carbon the association on a certain date. The vacked.
secretary shall also specify in such cer§ 261.4 Place and time of filing.
tification the name of each air carrier
which concurred in such resolution or The required number of copies of for other action and the name of each air mal written contracts or agreements carrier member which did not so concur. shall be filed at the office of the Board in Washington, D.C., addressed to the
8 261.6 Modifications or cancellations. Civil Aeronautics Board, within 15 days This part shall be applicable to all after the date of execution thereof. The modifications or cancellations of conrequired number of copies of memo tracts or agreements required to be filed randa of oral contracts or agreements under the provisions of section 412(a) and of correspondence or resolutions of the Civil Aeronautics Act of 1938, as evidencing contracts or agreements shall amended. be filed in the same manner, within 30
8 261.7 days after such contracts or agreements
Contracts or agreements prehave been entered into between the par
viously filed. ties. The time of filing prescribed Contracts or agreements which have herein may be extended by the Board in been filed prior to August 1, 1939, shall exceptional circumstances upon proper not be subject to the provisions of this application therefor.
part, except to the extent that the Board (ER-146, 14 F.R. 3545, June 29, 1949, as may by appropriate request in particular amended by ER-199, 19 F.R. 5210, Aug. 18, cases require compliance with any spe1964)
cific provision or provisions hereof. & 261.5 Certification and verification. 8 261.8 Contracts or agreements be(a) One copy of each formal written
tween affiliated carriers. contract or agreement filed shall bear (a) Copies of contracts or agreements the certification of the secretary or other between a certificated air carrier and duly authorized officer of the filling party another air carrier, foreign air carrier or parties to the effect that such copy or other carrier, affiliated therewith is a true and complete copy of the orig shall be accompanied by a detailed stateinal written instrument executed by the ment supporting the reasonableness of parties.
the financial provisions of the agree(b) One copy of each memorandum of ment. This statement shall set forth oral contracts or agreements filled shall information covering the following be verified by the secretary or other matters: duly authorized officer of the flling party (1) Why the contract or agreement or parties to such oral contract or agree was entered into between the affiliated
315 50-031-71 -21
carriers in lieu of the provision of the service by the receiving carrier for itsell or the receipt of the service from a non-affiliated source.
(2) Whether the service could be obtained from a non-affiliated source, and, if so, at what price. (Provide appropriate data to support the answer, including any invitation or bid proposals.)
(3) The anticipated dollar volume during any fiscal year period.
(4) The basis for the particular charges contained in the contract or agreement.
(5) Supporting data showing the reasonableness of such charges, including data showing charges by other carriers for like services or by this carrier to unaffiliated carriers for like services.
(6) A description of the negotiations leading up to the contract or agreement and the determination of charges thereunder.
(7) The provision for renegotiation of the charges under the contract or agreement and, if present, the basis therefor.
(8) The persons primarily responsible for negotiating the contract or agreement on behalf of each party and the individuals who ultimately authorized it on behalf of each party.
(b) As used in this part, the word "affiliated” shall mean a relationship
(1) Within the meaning of section 5 (8) of the Interstate Commerce Act, as amended, referred to in sections 407 (e) and 408 (b) of the Civil Aeronautics Act of 1938, as amended, or
(2) Where the Board has found that one carrier, directly or indirectly, controls another carrier, or that one person, directly or indirectly, controls an air carrier and another carrier, or where proceedings have been instituted under section 408 to determine whether any such control relationship exists, no final determination having been reached in such proceedings, or
(3) Where one carrier, directly or indirectly, owns, controls, or holds with power to vote, 10 percent or more of the outstanding voting securities of the other carrier, or where a third person, directly or indirectly, owns, controls or holds with power to vote, 10 percent or more of the outstanding voting securities of an air carrier and another carrier. (Interprets or applies secs. 407, 416, 62 Stat. 1000, as amended ; 49 U.S.C. 487, 496) (ER235, 23 F.R. 6103, Aug. 9, 1958)
PART 262_AGREEMENTS BETWEEN
AIR CARRIERS AND FOREIGN
COUNTRIES Sec. 262.1 Filing required. 262.2 Evidence of agreement. 262.3 Verification and formal speciácations. 262.4 Time of dung.
AUTHORITY: The provisions of this Part 262 Issued under secs. 204, 1102, 72 Stat. 743; 49 U.S.C. 1324, 1502.
SOURCE: The provisions of this part 262 contained in ER-146, 14 F.R. 3546, June 29, 1949, unless otherwise noted. & 262.1 Filing required.
Every air carrier shall file with the Board true and complete evidence, as specified in $ 262.2 of each agreement in any way affecting or involving operating rights and in force on October 11, 1943, or thereafter issued or entered into as between such air carrier, or any offcer or representative thereof, and any foreign country or political subdivision thereof, or any department, agency, officer or representative of such country or subdivision. For the purposes of this part, the term “agreement" means and includes any permit, concession, franchise, contract, understanding, or arrangement, and also any amendment, modification, renewal, rescission or reyocation of any thereof. & 262.2 Evidence of agreement.
(a) The evidence of such agreement shall be as follows:
(1) If written in English, three copies thereof;
(2) If written in a foreign language, three copies and three translations thereof;
(3) If oral, three copies of a descriptive memorandum thereof; or
(4) If evidenced by correspondence only, three coples of such correspondence and, if such correspondence, in whole or in part, is written in a foreign language, three translations of the part that is 80 written,
(b) In any case where translations are required, the coples to be filed shall be copies of oficial translations i oficial translations have been made. 8 262.3 Verification and formal speci
fications. Evidence of agreements filed under this part shall meet, insofar as possible,
the requirements set forth in § 302.3 of this chapter as to verification and formal specifications of papers. 8 262.4 Time of filing.
Such evidence shall be filed within 60 days after such agreement has been issued or entered into, except that agreements which have been issued or entered into prior to October 11, 1943, shall be filed within 60 days after such date.
PART 263—PARTICIPATION OF AIR
CARRIER ASSOCIATIONS IN BOARD
PROCEEDINGS Sec. 263.1 Definitions. 263.2 Approval of articles of association re
lating to participation in Board
proceedings. 263.3 Leave for participation of air carrier
associations in Board proceedings. AUTHORITY: The provisions of this Part 263 issued under secs. 102, 204, 412, 1001, 72 Stat. 740; sec. 3, 60 Stat. 238; 49 U.S.C. 1302, 1324, 1382, 1481; 6 U.S.C. 1002, unless otherwise noted.
SOURCE: The provisions of this Part 263 contained in ER-272, 24 F.R. 4883, June 16, 1959, unless otherwise noted. 8 263.1 Definitions.
For the purposes of this part:
(a) Air carrier association means an association composed entirely or in part of air carriers which are not exempted from the provisions of section 412 of the act in respect of relationships between one another.
(b) Board proceedings means any proceedings of the Board to which the Board's procedural regulations apply. 8 263.2 Approval of articles of associa.
tion relating to participation in Board
proceedings. The Board considers it adverse to the public interest, and contrary to the policy of the Federal Aviation Act, for an association created by agreement subject to approval under section 412 of the act, its oficers or employees, to participate in Board proceedings unless the articles of association contain provisions approved by the Board authorizing such participation, and the Board upon motion or upon its own initiative grants leave therefor. The Board therefore will ap
prove only such provisions as provide for participation of the association in Board proceedings under the following circumstances:
(1) Where the issues substantially affect the property or financial interests of the association as opposed to an interest derivative from its members;
(2) Where the association acts as & conduit to the Board of factual information gathered from the members, as distinguished from presentation of opinions or positions on issues; or
(3) Where the association represents certain named members at their request and a copy of a resolution authorizing such participation and signed by each such carrier is submitted to the Board.
NOTE: The requirement expressed in this paragraph and paragraph (3) of Section 263.3 shall be deemed fulfilled upon filing with the Board of powers of attorney signed by duly authorized officers of each carrier to be represented by the association in the particular Board proceeding. The air carriers 60 represented shall become the parties to the proceeding. The participation of the association is limited to acting as attorney-in-lact for such air carriers. (Interpret or apply sec. 6(a) of the Administrative Procedure Act, 60 Stat. 240; 5 U.S.C. 1005) (ER 272, 24 F.R. 4883, June 16, 1959, as amended by ER-294, 25 F.R. 901, Feb. 3, 1960) & 263.3 Leave for participation of air
carrier associations in Board pro
ceedings. An air carrier association, Its oficers or employees may participate in Board proceedings only if its articles of associetion or by-laws contain provisions approved by the Board under section 412 of the act authorizing such participation, and if the Board upon motion or upon its own initiative grants leave therefor. Leave ordinarily will be granted under the following circumstances:
(1) Where the issues substantially affect the property or financial interests of the association as opposed to an interest derivative from its members. In passing on motions for formal intervention of associations of air carriers in economic adjudicatory proceedings under $ 302.15 of the procedural regulations, the Board will be guided by the provisions of this section;