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(a) "CRAF" (Civil Reserve Air Fleet) means those air carrier aircraft allocated by the Secretary of Commerce to the Department of Defense to meet essential military needs in the event of emergency.

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(b) "CRAF Operator" means an air carrier which has been required by the Government, under the expanded capability provisions of an airlift procurement contract or other CRAF contract between such air carrier and the Military Airlift Command, to furnish increased airlift to the Government upon a determination that an airlift or national emergency exists or upon the activation of CRAF.

§ 290.2 Exemption for lease of aircraft.

Any CRAF Operator shall be exempt from sections 408(a) (2) and 412 of the Federal Aviation Act of 1958 insofar as the provisions thereof relate to the lease of aircraft by such operator with or without crew from other carriers to replace the aircraft which such operator has been required to furnish under the expanded capability provisions of its contract with the Government in an emergency. Such lease agreements may also include provisions for maintenance and all other ground facilities and services related to the operation of the aircraft. The exemption under this part shall be subject to the following conditions:

(a) No CRAF operator shall lease an aircraft from another air carrier for more than 90 days.

(b) No CRAF operator may have under lease from other air carriers at any one time pursuant to this regulation, more aircraft than it has been required to furnish to the Government.

§ 290.3 Exemption for operations.

An air carrier whose aircraft are leased to a CRAF operator pursuant to this part, shall be exempt: (a) From section 401 of the Act insofar as the provisions thereof would prevent such air carrier from engaging in air transportation, pursuant to the terms of the lease, between points between which the CRAF operator is authorized by certificate or exemption to engage in air transporta

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(a) Two true and complete copies of all leases and related agreements authorized under this part, and all amendments thereto, shall be filed with the Board within 15 days after the date of execution.

(b) The Board may require additional reports from any CRAF operator or other air carrier with regard to traffic, revenue, or any other matter related to operations authorized under this part.

§ 290.5 Effect of exemption.

The exemption granted by this part shall not be deemed to constitute an "order made under sections 408, 409, and 412" within the meaning of section 414 of the Act.

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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 infrequent, 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.

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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

(1) By a person for his own use (including a direct air carrier or direct foreign air carrier when such aircraft is engaged solely for the transportation of company personnel and their personal baggage, or in cases of emergency, of commercial passenger traffic: Provided, That emergency charters for commercial passenger traffic shall be reported in accordance with § 295.6);

(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

(iii) By a tour operator or a foreign tour operator as defined in Part 378 of this chapter; or

(2) Less than the entire capacity of an aircraft has been engaged

(1) By a person for his own use (including a direct air carrier or direct for

eign air carrier when such aircraft is engaged solely for the transportation of company personnel and their personal baggage, or in cases of emergency, of commercial passenger traffic: Provided, That emergency charters for commercial passenger traffic shall be reported in accordance with § 295.6);

(ii) By a person (no part of whose business is the formation of groups or the consolidation of shipments for transportation or the solicitation or sale of transportation services) for the transportation of a group of persons and their personal baggage, as agent or representative of such group; or

(iii) By two or more persons acting jointly for the transportation of themselves and their personal baggage or a group of persons and their personal baggage:

Provided, That with respect to subparagraph (2), a maximum of three groups may be chartered on one aircraft and each group shall consist of 40 or more passengers; and Provided, further, That subparagraph (2) of this paragraph shall not be construed to apply to the charter of less than the entire capacity of an aircraft by a tour operator or a foreign tour operator.

With the consent of the charterer, the direct air carrier may utilize any unused space for the transportation of (1) the carrier's own personnel and property and/or (2) the directors, officers, and employees of a foreign air carrier or another 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

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of individuals who shall actually participate in the charter flight.

(1) "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 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 study group. 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 membership organizations, industrial plant newsletters, college radio stations and college newspapers shall not be considered advertising in mass media to the extent that

(1) 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 (1) 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.

(m) "Study group" means a charter group comprised of bona fide participants in a formal academic study course abroad and in which (1) the charterer is an educational institution or (2) such study course is for a period of at least 4 weeks' duration at an educational institution abroad. As used in this paragraph, the term "educational institution" means a bona fide school which (i) is empowered to grant college degrees or secondary school diplomas by the government of one of the 50 States of the United States, the District of Columbia, a U.S. territory or possession or a foreign country and (ii) is operated as a school on a year-round basis. An aircraft may carry a maximum of three study groups: Provided, That if more than one group is carried each of the groups shall consist of 40 or more study group participants: And provided, further, That the entire aircraft is chartered to a single study group charterer.

(n) "Net worth" means the net stockholder equity as specified in Form 41 balance sheet account 2995 of the Uniform System of Accounts and Reports. (Sec. 402, 72 Stat. 757, 40 U.S.C. 1372); [ER-521, 32 F.R. 16251, Nov. 29, 1967, as amended by ER-531, 33 F.R. 5156, Mar. 29, 1968; ER-552, 34 F.R. 432, Jan. 11, 1969; ER-579, 34 F.R. 9552, June 18, 1969; ER-650, 35 F.R. 15985, Oct. 10, 1970]

§ 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: Provided, That this requirement shall not apply to inclusive tour charters.

(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. § 295.6 Reports of emergency commer

cial charters for other direct carriers. It shall be an express condition upon authority conferred in § 295.2(b) (1) (1) and (2)(i) that each supplemental air carrier which performs an emergency charter transporting commercial passenger traffic for another direct carrier shall file a report with the Bureau of Operating Rights, within 30 days after each charter flight, containing the following information:

(1) Name of direct carrier performing the charter and the name of the direct carrier for which the charter was performed;

(2) Date of flight or flights;

(3) Points of origin and destination, and intermediate points, if any;

(4) Number of passengers transported;

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