or

persede any other regulations instructions, insofar as such regulations or instructions prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibit discrimination on any other ground.

(c) Supervision and coordination. The Board may from time to time assign to officials of the Board, or to officials of other departments or agencies of the Government with the consent of such departments or agencies, responsibilities in connection with the effectuation of the purposes of title VI of the Civil Rights Act of 1964 and this part (other than responsibility for final decision as provided in § 379.9), including the achievement of effective coordination and maximum uniformity within the Board and with other departments and agencies of the Government in the application of title VI and this part to similar programs and in similar situations. Any action taken, determination made, or requirement imposed by an official of another department or agency acting pursuant to an assignment of responsibility under this subsection shall have the same effect as though such action had been taken by the Board.

[29 FR 19287, Dec. 31, 1964, as amended by SPR-55, 38 FR 17936, July 5, 1973]

As used in this part

(a) The term "United States" means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States.

(b) The term "Federal financial assistance" includes grants of Federal funds under section 406 or 419 of the Federal Aviation Act.

(c) The term "recipient" means any air carrier to whom Federal financial assistance is extended or whose rate of compensation payable by the Board under section 406 of the Federal Aviation Act of 1958 is the subject of a formal Board investigation.

(d) The term "applicant" means one who submits an application required to be approved by the Board as a con

dition to eligibility for Federal financial assistance, including an air carrier that submits an application for subsidy payments or compensation for losses under section 419 of the Federal Aviation Act of 1958, as amended.

(Sec. 602 of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-1; secs. 204, 404, 419 of the Federal Aviation Act of 1958, as amended, 72 Stat. 743, 760, 92 Stat. 1732, 49 U.S.C. 1324, 1374, 1389)

[29 FR 19287, Dec. 31, 1964, as amended by SPR-162, 44 FR 42176, July 19, 1979]

AUTHORITY: Secs. 101(3), 204, 401, 402, 407, 416, and 1102 of the Federal Aviation Act of 1958, as amended, 72 Stat. 737, 743, 754, 757, 766, 771, 797; 49 U.S.C. 1301, 1324, 1371, 1372, 1377, 1386, and 1502, unless otherwise noted.

SOURCE: SPR-149, 43 FR 36604, Aug. 18, 1978, unless otherwise noted.

NOTE: For an interpretation document pertaining to Part 380, see 44 FR 44149, July 27, 1979.

Subpart A-General Provisions

§ 380.1 Applicability.

This part establishes the terms and conditions governing the furnishing of Public Charters in air transportation by direct air carriers and foreign air carriers and by Public Charter operators. This part also relieves such charter operators (other than foreign charter operators) from various provisions of title IV of the Federal Aviation Act of 1958, as amended, for the purpose of enabling them to provide Public Charters utilizing aircraft chartered from such direct carriers. It also contains a limited declination of exercise of jurisdiction over foreign charter operators. The provisions of this regulation shall not be construed as limiting any other authority to engage in air transportation issued by the Board. Nothing contained in this part shall be construed as repealing or amending any provisions of any of the Board's regulations, unless the context so requires. This part also applies to old-rule charters as set forth in § 380.19.

(Secs. 101(3), 102, 204, 403, and 416 of the Federal Aviation Act of 1958, as amended by Pub. L. 95-504; 72 Stat. 737, 740, 743, 758, and 771; 92 Stat. 1731, 1732; 49 U.S.C. 1301, 1302, 1324, 1373, and 1386)

[SPR-160, 44 FR 33060, June 8, 1979]

created or organized under the laws of the United States, of which the president and two-thirds or more of the board of directors and other managing officers are such individuals and in which at least 75 percent of the voting interest is owned or controlled by persons who are citizens of the United States or of one of its possessions.

"Direct air carrier" means (1) an air carrier holding a certificate of public convenience and necessity issued pursuant to section 401 of the Act, (2) an air taxi operator registered under part 298 of this chapter, or (3) a foreign air carrier which holds a permit issued under section 402 of the act authorizing direct air transportation.

"Educational institution" means a bona fide school or college which (1) maintains a full-time salaried faculty on a year-round basis; (2) maintains a permanent educational plant, including classrooms and a library; (3) maintains a greater enrollment of students in noncharter programs than in charter programs; (4) receives no more than 10 percent of its total revenue from payments for charter flights and related ground accommodations; (5) is empowered to grant college degrees or secondary school diplomas by the government of one of the 50 States, the District of Columbia, or a U.S. territory or possession, and offers a full course of study meeting all the requirements for such degree or diploma; and (6) is so constituted in the utilization of capital, physical plant and personnel as to be primarily engaged in the educational process when viewed against all other activities or businesses.

"Foreign charter operator" means any person not a citizen of the United States, as defined in this section (other than a direct foreign air carrier), who is (1) engaged in the formation of groups for transportation on Public Charters which originate in a foreign country and over whom the Board has declined to exercise its jurisdiction, or (2) engaged in the formation of groups for transportation on Public Charters which originate in the United States and who holds a permit issued pursuant to section 402 of the act authorizing such transportation: Provided, however, That with respect

to §§ 380.21, 380.24, 380.25, 380.26-36 and 380.50, the definition for "foreign charter operator" is confined to the definition set forth in subparagraph (2) of this definition.

"Foreign

educational institution" means an educational institution located in a foreign country that is (1) empowered to grant college degrees or secondary school diplomas by the government of that foreign country, and (2) operated as a school on a yearround basis.

"Itinerary" means all the components of a charter package, as described in the prospectus, including not only the points named therein but also all hotels, and other ground accommodations and services described therein.

"Public Charter" means a one-way or round-trip charter to be performed by one or more direct air carriers, which is arranged and sponsored by a charter operator and which meets the requirements set forth in subpart B of this part.

"Public Charter operator" means (1) any citizen of the United States, as defined in this section (other than a direct air carrier), who is authorized hereunder to engage in the formation of groups for transportation on Public Charters in accordance with the provisions of this part; or (2) a foreign charter operator.

"Round trip" refers to any round, open-jaw, or circle trip which includes an inbound flight returning to a point no more than 50 air miles from the point of origin.

"Securer" means the charter operator's surety company, if a surety bond in used, or the bank making the security agreement, if a security agreement other than a bond is used.

"Security agreement” means either a surety bond in the form set forth in Appendix A, a surety trust agreement in the form set forth in Appendix F, or an arrangement with a bank that provides protection of charter participants' funds equivalent to or greater that that provided by the bond.

"Solicitation material" includes all advertisements in print or electronic media, brochures, and any other materials prepared or distributed by or on

behalf of a charter operator to solicit participation in a Public Charter.

"Super Bowl charter" means a charter that is represented by its charter operator as including tickets to the National Football League's Super Bowl game as part of its ground package.

(Secs. 101(3), 204, 401, 402, 404, 407, 411, 416, and 1102 of the Federal Aviation Act of 1958, as amended, 72 Stat. 737, 743, 754, 757, 760, 766, 771, 791; 49 U.S.C. 1301, 1324, 1371, 1372, 1374, 1377, 1381, 1386, and 1502; secs. 101(3), 204(a), 401, 402, and 416 of the Federal Aviation Act of 1958, as amended, 72 Stat. 737, 743, 754, 757, and 92 Stat. 1731; (49 U.S.C. 1301, 1324(a), 1371, 1372, and 1386))

[SPR-149, 43 FR 36604, Aug. 18, 1978, as amended by SPR-156, 44 FR 12978, Mar. 9, 1979; SPR-164, 44 FR 49445, Aug. 23, 1979; SPR-165, 44 FR 51209, Aug. 31, 1979; SPR168, 45 FR 1856, Jan. 9, 1980; SPR-171, 45 FR 46801, July 11, 1980]

§ 380.3 Waivers.

A waiver of any of the provisions of this part may be granted by the Board upon its own initiative, or upon the joint submission by a direct air carrier and a charter operator of a written request therefor not less than 30 days prior to the flight to which it relates, provided that 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. Notwithstanding the foregoing, waiver applications filed less than 30 days prior to a flight may be accepted by the Board in emergency situations in which the circumstances warranting a waiver did not exist 30 days before the flight.

In the case of any violation of the provisions of the act, or of this part, or any other rule, regulation, or order issued under the act, the violator may be subject to a proceeding pursuant to sections 1002 and 1007 of the act before the Board or a U.S. district court, as the case may be, to compel compliance therewith, to civil penalties pursuant to the provisions of section 901(a) of the act, or to criminal penalties pursuant to the provisions of section 902 of the act, or other lawful sanctions.

§ 380.5 Procedures for imposition of limitations and restrictions on Public Charter operations.

(a) Whenever in the opinion of the Board there are reasonable grounds to believe that the operation of Public Charters to or from any point or in any city-pair or pairs may have a detrimental effect on the public interest, the Board may, on its own initiative or in response to a petition therefor, issue an order directing all interested persons to show cause why the Board should not impose a limitation on the number of Public Charters that may be operated to or from the point or points, or in the city-pair or pairs, or should not impose other or additional restrictions on Public Charter operations in respect to the point or points or city-pair or pairs.

(b) Petitions seeking the issuance of such an order to show cause may be filed by any person. Answers to such petitions are permitted, but a failure to file an answer shall not prejudice anyone. Each such petition and any answer thereto shall conform to the requirements of § 302.3 of the Board's rules of practice. Copies of such petitions and answers shall be served on such persons as the Director, Bureau of Pricing and Domestic Aviation, or his designee, shall direct.

(c) Comments in opposition to or in support of the issuance of an order as proposed in the order to show cause, and reply comments if authorized by the order to show cause, shall be filed with the Board by the date and served upon the persons specified in the order to show cause.

(d) A final order of the Board imposing such limitations or restrictions on the operation of Public Charters as the public interest may require, or, if it would not be in the public interest to impose any limitation or restriction, terminating the proceeding shall thereafter be issued: Provided, however, That the Board may from time to time conclude, in its discretion, that a hearing is warranted in order to best determine whether limitations or restrictions should be imposed on the operation of Public Charters to or from any point or points or in any city-pair or pairs: And provided, fur

ther, That in the event a hearing is ordered, the Board may impose interim limitations or restrictions, pendente lite.

(e) Notwithstanding the foregoing, when in the judgment of the Board the public interest so requires, the Board shall by order forthwith impose a limitation on the number of Public Charters that may be operated to or from a point or points, or in a city-pair or pairs, or impose other or additional limitations and restrictions on Public Charter operations in respect to the point or points or city-pair or pairs.

§ 380.6 Computation of time.

In computing any period of time prescribed or allowed by this part, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period is to be included.

Subpart B- -General Conditions and Limitations

§ 380.10 Public Charter general requirements.

Public Charters under this part shall meet the following requirements:

(a) [Reserved]

(b) The charter contract must be for 20 or more seats.

(c) If the charter is on a round-trip basis, the departing flight and returning flight need not be performed by the same direct air carrier.

(d) The air transportation portion of the charter must be performed by direct air carriers which hold a certificate of public convenience and necessity under section 401 of the act or a permit under section 402, or are operating uner Part 298 of this chapter.

(e) Passengers transported on the charter flight shall consist solely of charter participants (including travel agents being carried in accordance with § 380.16), and persons authorized to occupy unused space in accordance with § 380.14.

[SPR-149, 43 FR 36604, Aug. 18, 1978, as amended by SPR-164, 44 FR 49445, Aug. 23, 1979; SPR-166, 44 PR 50832, Aug. 30, 1979]

§ 380.11 Payment to direct air carrier(s).

Except for air taxis, which are governed by § 298.38 of this chapter, the direct air carrier(s) shall be paid in full for the cost of the charter transportation (for both legs, if a round-trip charter) prior to the scheduled date of flight departure, as provided for in the basic charter regulations applicable to the direct air carrier(s) under parts 207, 208, 212, and 214 of this chapter, as the case may be.

[SPR-164, 44 FR 49445, Aug. 23, 1979]

§ 380.12 Cancellation by charter operator and notice to participants.

(a) The charter operator may not cancel a charter for any reason (including insufficient participation), except for circumstances that make it physically impossible to perform the charter trip, less than 10 days before the scheduled date of departure of the outbound trip.

(b) If the carrier operator cancels a charter 10 or more days before the scheduled date of departure, the operator must so notify each participant in writing within 7 days after the cancellation but in any event not less than 10 days before the scheduled departure date of the outbound trip. If a charter is canceled less than 10 days before scheduled departure (i.e., for circumstances that make it physically impossible to perform the charter trip), the operator must get the message to each participant as soon as possible.

(Secs. 101(3), 204, 401, 402, 404, 407, 411, 416, and 1102 of the Federal Aviation Act of 1958, as amended, 72 Stat. 737, 743, 754, 757, 760, 766, 769, 771, 791; 49 U.S.C. 1301, 1324, 1371, 1372, 1374, 1377, 1381, 1386, and 1502) [SPR-149, 43 FR 36604, Aug. 18, 1978, as amended by SPR-156, 44 FR 12978, Mar. 9, 1979]

§ 380.13 Prohibition on sale of round trips with open returns.

The charter operator shall not accept any participant's payment for return transportation unless the participant has specified a particular return flight.