Page images

member relative where such member is not a prospective passenger.

(3) Bona fide members of entities consisting only of persons from a study group, or a college campus, or employed by a single Government agency, industrial plant, or mercantile company, or persons whose proposed participation in the charter flight was permitted by the Board pursuant to request for waiver. Specify on the passenger manifest as “(3) special” or “(3) member" (where participants are from a study or campus group or from a Government agency, industrial plant or mercantile company).

(c) In the case of a round-trip flight, the above information must be shown for each leg of the flight and any variations between the eastbound and westbound trips must be explained on the manifest.

(d) Attached to such manifest must be a certification, signed by a duly authorized representative of the charterer, reading:

The attached list of persons includes every individual who may participate in the charter flight. Every person as identified on the attached list (1) was a bona fide member of the chartering organization at the time the chartering organization first gave notice to Its members of firm charter plans, and will have been a member for at least 6 months prior to the starting flight date, or (2) is a bona fide member of an entity consisting of (a) students and educational staff of a single school, or (b) employees of a single Government agency, industrial plant, or mercantile establishment, or (3) is a person whose participation has been specifically permitted by the Civil Aeronautics Board, or (4) is the spouse, dependent child, or parent of a perBon described hereinbefore and lives in such person's household, or (5) is a bona ide participant in a study group charter.

$ 295.40 Tariffs to be on file.

The provisions of g 295.13 shall apply to charters under this subpart. 8 295.41 Terms of service.

(a) The total charter price and other terms of service shall conform to those set forth in the applicable tariff filed in accordance herewith and the contract shall be for the entire capacity, or less than the entire capacity as defined in $ 295.2(b) (2), of one or more aircraft.

(b) The terms of service prescribed in $ 295.14 (b), (c), and (d) shall be applicable in the case of single entity charters. (ER-521, 32 F.R. 16251, Nov. 29, 1967, as amended by ER-561, 34 FR. 3612, Feb. 28, 1969) & 295.42 Commissions paid to travel

agents. No direct air carrier shall pay a travel agent any commission in excess of five percent of the total charter price or more than the commission related to charter fights paid to an agent by a carrier certificated to fly the same route, whichever is greater. Subpart C-Provisions Relating to

Mixed Charters § 295.50 Applicable rules.

The rules set forth in Subpart A of this part shall apply in the case of mixed charters. Subpart D-Procedure for Advisory

Opinion on the Eligibility of a

Charterer $ 295.60 Advisory opinion.

An air carrier or prospective charterer may request an advisory opinion from the Bureau of Economic Regulation, 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 law. fulness of the respective charter may be in issue. Such representations should include as much of the information specified by section B, Part II, of the Statement of Supporting Information as is available to the person requesting the advisory opinion.

(Signature) 8 295.36 Statement of supporting infor

mation. Charterers shall execute and furnish to air carriers Section B of Part II of the Statement of Supporting Information attached hereto and made a part hereof at such time prior to flight as required by the carrier to afford it due time for review thereof. Subpart B-Provisions Relating to

Single Entity Charters & 295.39 Applicability of subpart.

This subpart sets forth the special rules applicable to single entity charters.

(b) If "yes," describe services or functions:

8. Name and address of charterer:

9. It charter is single entity, indicate purpose of flight:

NOTE: The reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. STATEMENT OF SUPPORTING INFORMATION Members Gurney and Gullilland dissented.

Part I-To be completed by air carrier for each single entity, mixed, or pro rata charter. (Where more than one round-trip flight is to be performed under the charter contract, clearly indicate applicability of answers.)

1. Name of transporting carrier:

2. Commencement date(s) of proposed aight(s):

(a) Going
(b) Returning

3. Points to be included in proposed Right(s): (a) From

to (b) Returning from ----(c) Other stops required by charterer:

10. On what date was the charter contract executed?

11. If the charter is pro rata, has a copy of Part 295 of the Civil Aeronautics Board's Economic Regulations been mailed to or delivered to the prospective charterer? Yes NO O

Part II–To be completed for pro rata or mixed charters only.

Section A--To be supplied by travel agent, or, where none, by the air carrier or an alfiliate under its control where either of the latter performs or provides any travel agency function or service (excluding air transportation sales but including land tour arrangements).

1. What specific services have been or will be provided by agent to charterer on a group basis?

(d) Technical stops required by carrier:

(e) Planned routing:

4. (a) Type of aircraft to be used: (b) Seating capacity: (c) Number of persons to be transported:

2. What specific services have been or will be provided by agent to individual participants in the proposed charter?

[merged small][merged small][ocr errors]

6. (a) Has the carrier paid, or does it contemplate the payment of any commissions, direct or indirect, in connection with the proposed flight? Yes No

(b) If "yes," give names and addresses of such recipients and indicate the amount paid or payable to each recipient. If any commission to a travel agent exceeds 5 percent of the total charter price, attach a statement justifying the higher amount under this regulation.


--, represent and warrant that (Name) I have acted with regard to this charter operation (except to the extent fully and

7. (a) Will the carrier or any affiliate provide any services or perform any functions in addition to the actual air transportation? Yes No

1 Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifles, conceals or covers up by any trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be ined not more than $10,000 or imprisoned not more than 6 years, or both. Title 18, U.S.O., $ 1001.

•This must be retained by the air carrier for two years pursuant to the requirements of Part 249, but open to Board inspection, and to be fled with the Board on demand.

specifically explained in Part II, Section A) and will act with regard to such operation in a manner consistent with Part 295 of the Board's Economic Regulations.

(Signature and address of

travel agent or, 11 none, of authorized official of air carrier where such carrier or an affiliate under its control performs any travel agency function or service (excluding air transportation sales but including land tour arrange

ments).) Section B—To be supplied by charterer:

1. Description of chartering organization, including its objectives and purposes:

11. Will there be any participants in the charter flight other than (1) members of the chartering organization or (2) spouse, dependent children, and parents of a member of the chartering group residing in the same household with the member? Yes No

12. Wu there be any members of the chartering organization participating in the charter who will have been members of the organization for a period of less than six months prior to flight date?: Yes O NOO II answer is "yes," give names of participants who will not have been members for six months and justify (see 295.2(k)):

13. If there is any intermediary involved in the charter, other than the travel agent whose participation is described in Part II, Section A, submit name, address, remuneration and scope of activity:

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

children under twelve years old? Yes ( ] Nol ]

19. Separately state for the outbound and Inbound flights the number of one-way passengers anticipated to be transported in each direction:



20. If more than one round trip is contracted for, will each group move as a unit in both directions? Yes [] No 1 ]

21. If transatlantic charters have been performed for organization during past 5 years, give dates and name of carrier performing charters:

22. Has a copy of Part 295, “Transatlantic Supplemental Air Transportation," of the Economic Regulations of the Civil Aeronautics Board been received by the charterer? Yes ( Nol



and (Name)

(Name) represent and warrant that the charterer has acted with regard to this charter operation (except to the extent fully and specifically explained in Part II, Section B), and will act with regard to such operation, in a manner consistent with Part 295 of the Board's Economic Regulations.

(Signature of person

within organization in charge of charter arrangements.)

Subpart A-General Sec. 296.1 Definitions. 296.2 Classification. 296.3 Freight forwarder acting as agent of

shipper. 296.4 Cooperative shippers association act

ing as agent of shipper. 296.6 Separability.

Subpart B-Exemptions 296.11 Exemption of air freight forwarders. 296.12 Exemption of cooperative shippers

associations. 296.18 Duration of exemptions. Subpart C-Limitations on Exemptions; General 296.21 Limitations on use of aircraft. 296.22 Prohibition on use of aircraft. Subpart D-Limitations on Exemptions;

Cooperative Shippers Associations 296.81 Filing of schedules or formulae used

to compute charges to members. Subpart E-Conditions on Exemption; Air Freight

Forwarders 296.40 Prohibition on use of agents of direct

air carriers. 296.41 Necessity for Operating Authoriza

tion. 286.42 Application for Issuance. 296.43 Issuance of Operating Authorization. 296.44 Effective period. 396.45 Conditions on Operating Authoriza

tion. 296.46 Restrictions on issuance of Operat

ing Authorizations. 296.468 Prohibition on operations unless

tariffs are observed. 296.47 Nontransferability of Operating Au

thorizations. 298.48 Suspension of Operating Authorise

tions. 296.49 Revocation of Operating Authories

tions. 296.50 Name of air carrier.

Subpart Insurance 296.51 Insurance. Subpart G-Continuance of Operations Pending

Issuance of Operating Authorizations Pursuant

to This Part 296.60 Existing operations may be continued

pending issuance of Operating Au

thorizations under $ 296.43 (b). Subpart H- Preparation and Retention of Records

and Reporting Requirements: Air Freight For

warders 296.70 Preparation of airwaybills and

manifests. 296.71 Record-retention requirements. 296.72 Reporting requirements.

(Signature and title of

officer. This should be the chief officer of the chartering organization except in the case of a school charter, in which case the warranty must be by a school official not directly involved in charter.)

WARRANTY OF AIR CARRIER 1 To the best of my knowledge and belief all the information presented in this statement, including but not limited to, those parts warranted by the charterer and the travel agent, is true and correct. I represent and warrant that the carrier has acted with regard to this charter operation (except to the extent fully and specifically explained in this statement or any attachment thereto) and will act with regard to such operation in a manner consistent with Part 295 of the Board's Economic Regulations.

(Signature and title of

authorized official of air carrier.)

See footnote 1 to $ 295.60.

Subpart 1-Authorization of Long-Haul Motor

Carriers of General Commodities as Air Freight

Forwarders Sec. 296.80 Applicability of subpart. 296.81 Applicability of other subparts. 296.82 Applicability of policy statement. 296.83 Application for operating authoriza

tion. 296.84 Notice. 296.85 Objections. 296.86 Criteria for authorization. 296.87 Conditions. 296.88 Duration. 296.89 Revocation or suspension.

AUTHORITY: The provisions of this part 296 Issued under secs. 204, 411, 416, 72 Stat. 743, 769, 771; 49 U.S.C. 1324, 1381, 1386, unless otherwise noted.

SOURCE: The provisions of this Part 296 contained in ER-209, 21 F.R. 2511, Apr. 18, 1956, unless otherwise noted.

Subpart A-General & 296.1 Definitions.

For the purposes of this part:

(a) “Indirect Air Carrier" means any citizen of the United Stateswhich engages indirectly in interstate air transportation of property only, and which:

(1) Does not engage directly in the operation of aircraft in air transportation, and

(2) Does not engage in air transportation pursuant to any Board order which has been issued for the purpose of authorizing air express services under a contract with a direct air carrier.

(b) "Direct Air Carrier" means any air carrier directly engaged in the operation of aircraft, pursuant to a certificate of public convenience and necessity issued under section 401 of the Civil Aeronautics Act of 1938, as amended, or under the authority conferred by any applicable regulation or order of the Board.

(c) "Joint loading" means an agreement between two or more indirect air carriers of the same subclassification, which provides for the pooling of shipments and their delivery to a direct air carrier for transportation as one shipment in accordance with the fled tariff rules of such direct air carrier.

(d) “Long-haul motor carrier" means a motor carrier holding operating rights issued by the Interstate Commerce Commission to haul general commodities between any pair of points which are over 500 air miles apart, or an affiliate of such a carrier.

(e) An "affiliate” of a long-haul motor carrier or an air freight forwarder means a person who controls such carrier or is controlled by such carrier or by another person who controls or is controlled by such carrier. A person who beneficially owns, directly or indirectly, 10 percent or more of the outstanding issued capital stock of a carrier, in the absence of a proper showing to the Board that he does not control the carrier despite his stock ownership, shall be deemed to control the carrier for purposes of this part. (49 U.S.C. 1301, 1302) (ER-209, 21 FR. 2611, Apr. 18, 1956, as amended by ER-231, 23 F.R. 1918, Mar. 22, 1958; ER-291, 24 FR. 10874, Dec, 29, 1959; ER-593, 84 F.R. 19341, Dec. 6, 1969) $ 296.2 Classification.

There is hereby established a classification of air carriers, having the attributes of, and which are designated as, “indirect air carriers". Such classification shall include the following subclassifications:

(a) "Air Freight Forwarder" means any indirect air carrier which, in the ordinary and usual course of its undertaking, assembles and consolidates or provides for assembling and consolidato ing such property or performs or provides for the performance of break-bulk and distributing operations with respect to consolidated shipments, and is responsible for the transportation of property from the point of receipt to point of destination and utilizes for the whole or any part of such transportation the services of a direct air carrier.

(b) "Cooperative Shippers Association" means a bona fide association of shippers, operating as an indirect air carrier on a non-profit basis, which:

(1) Undertakes to ship property for the account of such association or its members, by air, in the name of either the association or the members, in order to secure the benefits of volume rates or improved services for the benefit of its members, and

(2) Utilizes for the whole or any part of such transportation the services of & direct air carrier.

As defined in section 1 (13) of the act. 1 "Interstate alr transportation" shall have the meaning ascribed to it in section 101(21) of the Federal Aviation Act and the word "State" used therein shall include Alaska and Hawaii.

« PreviousContinue »