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C-Financial accounting records:

1. Ledgers.

2. Journals.

8. General and subsidiary cash books.
4. Voucher distribution registers.
5. Vouchers.

6. Accounts receivables and payables.
7. Working or petty cash funds.
8. Uncollectible accounts.

D-Payrolls and personnel:

1. Payroll records.

2. Personnel records.

E-Equipment and other property:

1. Records, reports and statements showing cost or inventory value. 2. Records and memoranda pertaining to depreciation, retirements and replacements.

8. Contracts and agreements relating to construction, acquisition or sale.

F-Purchases and stores:

1. Records of materials and supplies inventory.

2. Bids, offers and orders pertaining to sale or purchase of materials and supplies.

3. Materials and supplies received and issued.

G-Insurance, taxes and claims:

1. Insurance records.

2. Tax records.

3. Claims records.

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7. Tabulating cards, tapes and media.

K-Miscellaneous:

1. Correspondence relating to rec
2. Duplicate copies of records.
8. Authorizations and certificate
destruction of records.

4. Organization manuals.

§ 249.28 Waivers of requirement this subpart.

A waiver from any provision of subpart may be made by the Board its own initiative or upon submissi a written request therefor by any fr forwarder. Each request for waiver demonstrate that unusual circumsta warrant a departure from presc retention periods, procedures or 1 niques or that compliance with prescribed requirements would im an unreasonable burden upon the fr forwarder, and that the granting o waiver would be in the public interes § 249.29 Effective date.

This subpart shall become effectiv September 1, 1965. The retention quirements prescribed in this sub shall be applicable to all records rem ing in the custody of any freight warder, subject to its provisions, 1 the effective date of this subpart as as to all records subsequently acqu With respect to individual records, retention period herein prescribed ¦ commence upon the date when the ords are created or otherwise come the possession of the freight forwa

NOTE: The record-retention requiren contained herein have been approve the Bureau of the Budget in accordance the Federal Reports Act of 1942.

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ney.

6. Written requests for quotations and copies of quotations.

Sec.

250.1

7. Correspondence and working papers in connection with tariffs.

250.2

250.3

J-Reports and related statistics:

250.4

1. Annual reports to regulatory bodies.

250.5

2. Quarterly and semi-annual reports to regulatory bodies.

250.6

3. Annual reports or statements to

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Denied boarding compensatior liquidated damages.

sation.

Exceptions to eligibility for de

boarding compensation.

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compensation

Written explanation of denied board

ing compensation. Reports of unaccommodated passengers.

HORITY: The provisions of this Part 250 under secs. 204(a) and 416(a), 72 Stat. d 771; 49 U.S.C. 1324 and 1886. Interor apply secs. 102, 403, 404, and 411 of ederal Aviation Act of 1958, 72 Stat. 240, 60, and 769; 49 U.S.C. 1302, 1873, 1374, 381; and secs. 3 and 4 of the AdminiseProcedure Act, 81 Stat. 54, 80 Stat. U.S.C. 552 and 553.

RCE: The provisions of this Part 250 Ened in ER-503, 32 F.R. 11942, Aug. 18, unless otherwise noted.

1 Definitions.

- the purpose of this part:

rrier" means an air carrier, except icopter operator or an air carrier acting intra-Alaska service exclu, holding a certificate issued by the pursuant to section 401(d) (1) (2) of the Act, authorizing the portation of persons.

onfirmed reserved space" means on a specific date and on a specific and class of service of a carrier has been requested by a passenger which the carrier or its agent has ed, by appropriate notation on the , as being reserved for the accomtion of the passenger.

opover" means a deliberate interOn of a journey by the passenger, d to in advance by the carrier, at nt between the place of departure The place of destination.

alue of the first remaining flight on" means the applicable one-way including any surcharge, less any Cable discount.

2 Applicability.

is part applies to all carriers as dein § 250.1 and applies to flights or ons of flights originating or termig in the United States, its territories ssessions, but excludes flights origig and terminating within the State aska.

.3 Priority rules.

ery carrier shall establish priority and criteria for determining which ngers holding confirmed reserved

shall be denied boarding on an old flight. Every carrier shall file the Board two copies of such rules riteria, including that portion of its

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company manual instructing employees on the order of boarding priorities in case of an oversold flight. Such rules and criteria shall not make, give or cause any undue or unreasonable preference or advantage to any particular person or subject any particular person to any unjust discrimination of any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

§ 250.4 Filing of denied boarding compensation tariffs.

Subject to the exceptions provided in § 250.6, every carrier shall file tariffs providing compensation to a passenger holding confirmed reserved space who presents himself for carriage at the appropriate time and place, having complied fully with the carrier's requirements as to ticketing, check-in and reconfirmation procedures and being acceptable for transportation under the carrier's tariff, and the flight for which the passenger holds confirmed reserved space is unable to accommodate the passenger and departs without him.

NOTE: See § 221.38 (a) (7) of this chapter. § 250.5 Amount of denied boarding compensation.

Subject to the exceptions provided in § 250.6, the tariffs required by this part shall provide for compensation to be paid a passenger holding confirmed reserved space, as described in § 250.4, at the rate of 100 percent of the value of the first remaining flight coupon with a $25 minimum and a $200 maximum. § 250.6

Exceptions to eligibility for denied boarding compensation.

A passenger shall not be eligible for denied boarding compensation if:

(a) The flight for which the passenger holds confirmed reserved space is unable to accommodate him because of: (1) Government requisition of space; or (2) substitution of equipment of lesser capacity when required by operational and/or safety reasons; or

(b) The carrier arranges for alternate means of transportation, which, at the time such arrangement is made, is planned to arrive at the passenger's next point of stopover earlier than, or not later than two hours after, the time the flight, for which confirmed reserved space is held, is planned to arrive in the case of interstate and overseas air transportation, or 4 hours after such time in the case of foreign air transportation; or 299

(c) The passenger is accommodated on the flight for which he holds confirmed reserved space, but is offered accommodations or is seated in a section of the aircraft other than that specified in his ticket at no extra charge: Provided, That a passenger seated in a section for which a lower fare is charged shall be entitled to an appropriate refund.

§ 250.7 Denied boarding compensation as liquidated damages.

The tariffs required by this part shall specify that the carrier will tender, on the day and place the denied boarding occurs, compensation in the amount specified above, which, if accepted by the passenger, shall constitute liquidated damages for all damages incurred by the passenger as a result of the carrier's failure to provide the passenger with confirmed reserved space.

§ 250.8 Denied boarding compensation drafts.

Every carrier shall tender to a passenger eligible for denied boarding compensation, on the day and place the denied boarding occurs, a draft for the appropriate amount of compensation provided in § 250.5, and the reverse side of such draft shall include a release stating that when the draft is endorsed by the passenger, the passenger thereby relieves the carrier from liability for all claims for damages which might accrue to the passenger as a result of the carrier's failure to provide the passenger with space on the flight in question, provided that the draft is endorsed and paid within 30 days of the date on which the denied boarding occurs: Provided, however, That where a carrier arranges, for the passenger's convenience, alternate means of transportation which departs before the draft can be prepared and tendered the passenger, tender shall be made by mail or other means within 24 hours after the time the denied boarding occurs.

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sation provided by this part. Each ca shall, prior to the effective date of rule, file three copies of the staten with the Bureau of Operating Rig and the statement shall include language hereinafter set forth: Provi however, That where a carrier de to use a statement of its own ma which contains the substance of following language, it may do so aft has submitted the statement to Board and the Board has approved

Tariffs filed by this carrier with Civil Aeronautics Board provide de boarding compensation to 8 passe holding confirmed reserved space wher flight for which the passenger holds space is unable to accommodate him departs without him.

Passengers eligible for denied boa compensation shall be compensated at rate of 100 percent of the value of the remaining flight coupon on their tickets a $200 maximum and a $25 minimum. carrier is required to tender to each passenger, on the day and place the de boarding occurs, a draft in the am specified above which, if endorsed and within 30 days, shall relieve the carrier liability for all claims for damages w might accrue to the passenger as a r of the carrier's failure to provide the senger with space on the flight in ques Where, however, the carrier arranges, the passenger's convenience, alternate m of transportation which departs before draft can be prepared and tendered passenger, tender will be made by ma other means within 24 hours after the the denied boarding occurs.

In order to qualify for such compens a passenger must have complied fully the carrier's requirements as to ticke check-in and reconfirmation procedures be acceptable for transportation under carrier's tariff. However, a passenger is eligible for compensation if (a) the fligh which the passenger holds confirmed served space is unable to accommodate because of Government requisition of s or substitution of equipment of lesser pacity for operational and/or safety reas (b) the carrier arranges for alternate m of transportation, which, at the time arrangement is made, is planned to a at the passenger's next point of stop earlier than, or not later than 2 hours a the time the flight, for which confir reserved space is held, is planned to al in the case of interstate and overseas tr portation, or 4 hours after such time in case of foreign air transportation; or the passenger is accommodated on flight for which he holds confirmed reset space, but is offered accommodations seated in a section of the aircraft other t that specified in his ticket at no extra cha Provided, That a passenger seated in a

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rriers shall file reports with the Buof Accounts and Statistics, in CAB 1250 (Appendix A of this part),1 respect to the applicable markets fied hereinafter, of the total number venue passengers boarded and the ber of unaccommodated passengers ree categories: denied boarding on aft, downgrades and upgrades. The kets for which such reports shall be are those for which on-time reports filed in accordance with Part 234 he Board's Economic Regulations in addition, New York-San Juan. 1 service carriers shall, in addition eports which may be required by 234, file such data for the five toping markets of each. The reports cover the third month in each idar quarter and shall be filed within ys after the month covered by the rt. In addition, carriers shall file, monthly basis, the information reted in Appendix B of this part (CAB 1251).1 These reports may be on a m basis or limited to those stations unting for 67 percent of the carrier's enplanements, or the top 15 sta¡, whichever number is greater. The mation in Item 4 shall be limited he passengers enplaned at the reed stations and not the system total. her, a list of the stations included ld be appended to each report. These rts are to be submitted within 30 after the month covered by the rt. Those carriers with both domestic international operations shall file rate reports for each. Reports coverinternational operations shall be held from public disclosure.

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The reporting requirements cond herein have been approved by the au of the Budget in accordance with the ral Reports Act of 1942.

T 251-PROHIBITED INTERESTS; NTERLOCKING RELATIONSHIPS

Application for approval.

Formal requirements of applications.
General provisions concerning con-
tents of applications.
Approval of system of affiliated and
subsidiary companies.

ppendices A and B filed as part of the nal document.

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§ 251.1

Application for approval.

If approval by the Board is desired of an interlocking relationship which would otherwise be prohibited by section 409 (a) of the act (referred to in this part as an "interlocking relationship"), an application for such approval shall be filed with the Board by the individual (referred to in this part as the "individual applicant") occupying or seeking to occupy the interlocking relationship and by each air carrier (hereinafter in this part referred to as the "air carrier applicant") in which such individual holds or seeks to hold the position of officer or director. At their election such applicants may join in a single application. If separate applications are submitted it is desirable that all shall be filed at the same time. An application may incorporate by specific reference current information contained in another application in the same matter or in any document then on file with the Board. § 251.2 Formal requirements of appli

cations.

Applications filed pursuant to this part shall conform generally to the outline set forth in § 251.3 and to the requirements of § 302.3 of this chapter, with the additional requirements that each individual verifying the application shall include in his verification a statement that he has personally made a careful investigation of the proposed interlocking relationship and that the application includes all of the information required by this part and that it contains no misleading statement and does not omit information which would

tend to show that the public interest would be adversely affected by the existence of the proposed interlocking relationship. If a joint application is filled it shall be verified by the individual applicant and by a responsible officer of each air-carrier applicant. However, any individual verifying any such joint application may disclaim responsibility for any statements therein except statements concerning matters which are peculiarly within his knowledge. In any such case, however, every allegation contained in the application shall be verified by one or more qualified individuals.

§ 251.3

General provisions concerning contents of applications.

(a) Each application (except one filed pursuant to § 251.4) shall, among other things include the following information:

(1) The full name, place of residence, and citizenship of the individual applicant;

(2) The name and address of the major business or professional activity of the individual applicant;

(3) A complete description of the interlocking relationship for which approval is sought, as well as a description of any other interlocking relationship occupied by the individual applicant which has been approved by the Board, (This description shall include the date and manner of the individual applicant's election or appointment to the position or positions which he occupies or seeks to occupy, and shall state the name or names of the persons primarily responsible, directly or indirectly, for his election or appointment. It shall also include a statement of his present or contemplated duties in connection with the interlocking relationship for which approval is sought and the approximate amount of time devoted or expected to be devoted thereto);

(4) The name of the person or persons, if any, whom the individual applicant represents or will represent on the board of directors of each air carrier applicant, together with a statement as to any financial interest held by such person or persons in any air carrier, common carrier, person engaged in any phase of aeronautics otherwise than as an air carrier, or person whose principal business, in purpose or in fact, is the holding of stock in, or control of any

other person engaged in any phas aeronautics;

(5) The name and address of business (including but not limite corporations, partnerships, trusts, of which the individual applicant i officer, director, partner, trustee, ceiver, manager, attorney, agent, or trolling stockholder or employee, general character of each such bus and a description of the individual plicant's financial interest therein

(6) A complete description of benefit and of the amount of, and for, any money or thing of value (1) ceived by the individual applicant d the last year from each air carrier plicant and from any person with w the individual applicant has or seel have an interlocking relation whether for services, reimbursemen expenses or otherwise, and (ii) w the applicant contemplates rece from any such person during the tinuance of the interlocking rela ship;

(7) The names and titles of all ficers and directors of each air ca applicant, and of each person with w the individual applicant has or seel have an interlocking relationship;

(8) With respect to the individual plicant, a statement that the informa contained in the most recent report by him with the Board pursuant to 245 of this subchapter is the same & the date within 30 days of the filin the application pursuant to this par if such information has changed statement setting forth the detail such changes; and with respect to officer and director of each air ca applicant other than the individual plicant, a statement that there is p ently on file with the Board a report suant to Part 245 of this subchapter each such individual officer or dire (If no such report is on file with re ence to any such officer or director, cluding the individual applicant, it s be filed concurrently with the appl tion pursuant to this part);

(9) The names (1) of the lar stockholders, not exceeding 20, who 1 1 percent or more of the voting cap stock of any air carrier applicant (ii) of the largest stockholders, not ceeding 20, who hold 1 percent or m of the voting capital stock of any 1 son with whom an interlocking relati ship is sought by such application to approved; together with the numbe

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