hearing, for knowing and willful violation of any provision of the Act or of any order, rule, or regulation issued under any such provision, or of any term, condition, or limitation of any authority issued under said Act or regulation. (b) An operating authorization shall be revoked without prejudice to subsequent application for a new authorization upon the filing by an international air freight forwarder of a written notice with the Board indicating the discontinuance of air freight forwarder activities: Provided, That the Board may refuse to accept such notice if any proceedings or actions are pending in which an international air freight forwarder's authority may be subject to suspension or revocation action. The failure of any holder of an operating authorization to perform air transportation services as an international air freight forwarder for a period of two years, or the failure of any such holder for two successive periods to file the periodic reports required by this chapter may be deemed by the Board to constitute the filing of written notice indicating the discontinuance of air freight forwarder activities. § 297.45 Insurance. Any such guaranty shall not be less than the amount prescribed in paragraph (c) (1) of this section, and shall cover risks of loss of or damage to the property it handles as an international freight forwarder pursuant to the provisions of this Part. (b) Public liability, property damage and personal injury. No international air freight forwarder shall engage in the performance of transfer, collection or delivery services pursuant to this part unless it shall have on file with the Board a satisfactory certificate or certificates of insurance evidencing a properly endorsed policy of insurance (CAB Form 350), qualifications as a self-insure self-insurer fund or other qualificat approved by the Board) or surety in not less than the amounts prescr in paragraph (c) (2) and (3) of this tion, conditioned to pay within amount of such insurance coverage final judgment recovered against i account of bodily injuries to or deat any person, or loss of or damage to p erty (other than property covered paragraph (a) of this section) resul from the negligent operation, mai nance or use of motor vehicles oper by or under its direction and contr (c) Minimum liability limitsCargo insurance. For loss of or dan to property while carried on or restin any conveyance or premises; minir $10,000 per conveyance or prem Conveyance includes, but is not lim to, aircraft, motor vehicles, rail water craft. (2) Public liability: property. loss of or damage to property occur at any one time or place: minin $5,000; (3) Public liability: personal inj Claims for bodily injury or death: m mum $10,000 for any one person $20,000 for all persons in any accident. (d) Maintenance of insurance co age. The insurance coverage refe to herein shall be kept in effect by international air freight forwarder at times and until such time as the ope ing authorization may be revoked I suant to § 297.44 or is otherwise ter nated by the Board. Subpart E-Reporting Requireme and Requirements for the Mair nance and Retention of Records § 297.50 Reporting requirements. Each holder of an operating auth zation as an international air frei forwarder shall comply with the ap cable reporting provisions of Part of this subchapter, as amended. § 297.51 Records requirements. (a) Each holder of an operating thorization as an international freight forwarder shall comply with applicable recordkeeping provisions Part 249 of this subchapter, as amend Filed as part of the original docum Available from Publications Section, C Aeronautics Board. b) Each holder of an operating aurization as an international air ight forwarder shall prepare an accue airwaybill for each shipment conned for transportation to a direct air rier by such holder in the capacity of international air freight forwarder i a copy thereof shall be supplied to consignor and consignee of each such pment. Each such airwaybill shall itain: (1) The following information: i) Name and address of consignor, signee, and international air freight warder. (ii) A limitation of liability statent. (iii) Number of packages in shipment. (iv) Total weight (both actual and nensional, where applicable). (v) Description of commodities. (vi) Point of origin and destination of ipment. (vii) Declared value of shipment. (viii) Date of airwaybill preparation. (ix) Name of employee or agent prering airwaybill. (2) The following charges, when apcable: (i) Commodity rate applied. (iii) Pick-up and/or delivery. (iv) Excess valuation. (v) Charges advanced. (vi) Assembly or distribution. (vii) Preparation of export docuents. (viii) Insurance (liability). (ix) C.O.D. fee. (x) Transportation tax. (xi) Total charges and an indication to whether charges are prepaid or llect. (c) Each holder of an operating auorization as an international air freight rwarder shall prepare an accurate anifest showing every individual shipent included in each consolidated shipent consigned for transportation to a rect air carrier by such holder. There all be set forth in each such manifest e following information: (1) The number of the international r freight forwarder's individual airwayll for each individual shipment within consolidated shipment. (2) Name of the direct air carrier ansporting the shipment and the numer of the air carrier's airwaybill under hich the shipment is transported. (3) Date of shipment. Classification. Requests for statement of authority. Separability. Subpart B-Exemptions "Air transportation" means interstate, overseas, or foreign air transportation or the transportation of mail by aircraft. This includes carriage by aircraft as a common carrier between places in the same State (a) through airspace outside that State (over other States or the District of Columbia or the open sea or foreign territory) or (b) where such carriage is part of the movement of the passengers or property carried, in interstate, overseas or foreign air commerce.13 "Large aircraft" means an aircraft whose maximum certificated takeoff weight is greater than 12,500 pounds. "Maximum certificated takeoff weight” means the maximum takeoff weight authorized by the terms of the aircraft airworthiness certificate. (This is found in the airplane operating record or in the airplane flight manual which is incorporated by regulation into the airworthiness certificate.) "Maximum passenger capacity" means the maximum passenger capacity listed in the applicable Federal Aviation Administration (FAA) type certificate data sheet (including supplemental type certificates). "Point" when used in connection with any territory or possession of the United States, or the States of Alaska and 13 Section 401(a) of the Federal Aviation Act of 1958, 49 U.S.C. 1371, prohibits any person from engaging in "air transportation" except to the extent he is authorized to do so by the Board. Hawaii, means any airport or place w aircraft may be landed or taken including the area within a 25radius of such airport or place; v used in connection with the contine United States, except Alaska, it ¦ have the same meaning except be lin to the area within a 3-mile radius of airport or place: Provided, That fol purposes of this part, West 30th S Heliport and Pan Am Building Heli both located in New York City, sha regarded as separate points. “Tourist sightseeing service" m an air-surface sightseeing tour in Ha which originates and terminates at city of Honolulu and is scheduled t completed within an 18-hour period in which (a) there is a minimum of t scheduled aircraft stops at places than Honolulu, (b) stopovers are permitted except as required by the itineraries, and (c) the price of the includes round-trip air transporta via all scheduled stops, all ground tr portation services at the stops and meals during the tour. (49 U.S.C. 1371) [ER 438, 30 FR. July 23, 1965, as amended by ER-549, 33 18235, Dec. 7, 1968] (a) There is hereby establishe classification of air carriers, design "air taxi operators" which engage ir direct air transportation of passen and/or property and/or in the trans tation within the 48 contiguous St or Hawaii of mail by aircraft and wh (1) Do not, directly or indirectly, lize in air transportation large air (other than turbojet aircraft autho for use by air taxi operators purs to § 298.21) and (2) Do not hold a certificate of p convenience and necessity or other nomic authority issued by the Boar Provided, however, That any auth granted in this part to engage in transportation of mail is limited to carriage of mail on a non-subsidy b i.e., on a service mail rate to be paid tirely by the Postmaster General, the air taxi operator shall not be titled to any subsidy payment with spect to any operations conducted suant to any authority granted in part. 3) Have and maintain in effect liaty insurance coverage in compliance h the requirements set forth in SubtD of this part. b) A person who does not observe the ditions set forth in paragraph (a) of 5 section shall not be an air taxi operr within the meaning of this part with pect to any operations conducted by 1 while such conditions are not being erved, and during such periods is not itled to any of the exemptions set th in this part. U.S.C. 1371) [ER-317, 25 F.R. 12910, , 16, 1960, as amended by ER-445, 30 F.R. 39, Oct. 5, 1965; ER-548, 33 F.R. 18231, . 7, 1968; ER-549, 33 F.R. 18235, Dec. 7, 3] 98.4 Requests for statement of authority. n any instance where an air taxi operr is required by a foreign government produce evidence of its authority to age in foreign air transportation der the laws of the United States, the retary of the Board will, upon request. nish the carrier with a written statent, outlining its general operating vileges under this part for presentan to the proper authorities of the eign government. 98.5 Separability. if any provision of this part or the apcation thereof to any air transportam, person, class of persons, or cumstances is held invalid, the reinder of the part and the application such provision to other air transportan, persons, classes of persons, or cirmstances shall not be affected thereby. Subpart B-Exemptions 298.11 Exemption authority. Air taxi operators are exempt from e following provisions of Title IV of Act: (a) Subsection 401(a); (b) Section 403, except that the rerements of that section shall apply tariffs for through rates, fares, and arges filed jointly by air taxi operators d certificated air carriers; (c) Subsection 404 (a), except the reirements that air taxi operators shall ovide safe service, equipment, and cilities in connection with air transrtation; shall observe and enforce just d reasonable joint rates, fares, and arges, and just and reasonable classisations, rules, regulations, and prac tices as provided in tariffs filed jointly by air taxi operators and certificated air carriers; and shall establish just, reasonable, and equitable divisions of such joint rates, fares, and charges as between air carriers participating therein which shall not unduly prefer or prejudice any of such participating air carriers; (d) Subsection 404 (b), except that the requirements of that subsection shall apply to through service provided pursuant to tariffs filed jointly by air taxi operators and certificated air carriers; (e) Subsection 405(b); (f) Subsections 407 (b), (c), and (d); (g) Subsection 408(a); except that no exemption is granted hereby for any air taxi operator to enter into any of the transactions or relationships prohibited by subsection 408(a) with any person who operates large aircraft for compensation or hire, or who engages in air transportation from which the air taxi operator is excluded by the limitations imposed by § 298.21. NOTE: For additional exemptions from section 408(a) applicable to air taxi operators, see Part 299 of the Board's Economic Regulations. (h) Subsection 409 (a); except that no exemption is granted hereby for any air taxi operator to enter into any of the relationships prohibited by subsection 409 (a) with any person who operates large aircraft for compensation or hire, or who engages in air transportation from which the air taxi operator is excluded by the limitations imposed by § 298.21. (i) Subsection 412(a): Provided, That air taxi operators shall not be relieved from filing with the Board a true copy, or, if oral, a true and complete memorandum of every contract or agreement (whether enforceable by provisions of liquidated damages, penalties, bonds or otherwise) affecting air transportation, between any air taxi operator and any person (excluding air carriers) who operates for compensation or hire, aircraft having a maximum take-off weight of more than 12,500 pounds. [ER-317, 25 F.R. 12910, Dec. 16, 1960, as amended, ER-399, 29 F.R. 1317, Jan. 25, 1964; ER-542, 33 F.R. 9764, July 6, 1968] § 298.12 Effect of exemption on antitrust laws. The exemption granted in § 298.11 from sections 408, 409 (a), and 412 of the Act shall not constitute an order under such sections, within the meaning of section 414 of the Act, and shall not confer any immunity or relief from operation of the "anti-trust laws," or any other statute (except the Federal Aviation Act of 1958, as amended) with respect to any transaction, interlocking relationship, or agreement otherwise within the purview of such sections. § 298.13 Duration of exemption. The exemption from any provision of Title IV of the Act provided by § 298.11 shall continue in effect only until such time as the Board shall find that enforcement of such provision would be in the public interest or would no longer be a burden on air taxi operators: Provided, That upon such a finding as to any air taxi operator or class of air taxi operators, such exemption shall to that extent terminate with respect to such operator or class of operators: And provided further, That the authorizations to air taxi operators to engage in the transportation of mail by aircraft within the 48 contiguous States and Hawaii shall terminate on June 30, 1969. (Sec. 406, 72 Stat. 763, 49 U.S.C. 1376) [ER-514, 32 F.R. 14321, Oct. 17, 1967] § 298.14 Approval of certain interlocking relationships. To the extent that any officer or director of an air taxi operator would be in violation of any of the provisions of section 409 (a) (3) and (6) by participating in interlocking relationships covered by the exemption granted in § 298.11(h), such participation is hereby approved by the Board, subject, however, to the provisions of § 298.12. (Interpret or apply sec. 409, 72 Stat. 768; 49 U.S.C. 1379) [ER-331, 26 F.R. 4993, June 6, 1961] Subpart C-Limitations on Exemptions § 298.21 Scope of service authorized. (a) General scope. Subject to the prohibitions of paragraphs (b), (c), (d), (f), (g), and (h) of this section, the exemption authority provided to air taxi operators by this part shall extend to the direct air transportation of persons, property and mail (subject to the limitations imposed in §§ 298.3 (a) and 298.13) (1) in aircraft having a maximum takeoff weight of 12,500 pounds or less, and (2) in planeload charter flights in turbojet aircraft having a maximum certificated takeoff weight of over 12,500 pounds and 26 under 27,000 pounds 2 and a maximu passenger capacity of not more tha twelve (12) persons: Provided, howeve That the authorization in subparagrap (2) of this paragraph shall not be a plicable to operations within the Stat of Alaska or Hawaii. For purposes of th section "charter flight" means air trans portation performed by an air ta operator on a time, mileage or trip bas where the entire capacity of one or mor aircraft has been engaged for the move ment of persons and property by a per son for his own use; or by a person ( part of whose business is the formation groups or the consolidation of shipmen for transportation or the solicitation sale of transportation services) for ti transportation of a group of persons and or their property, as agent or represent tive of such group. An air ta (b) General limitations. operator is prohibited from providing a transportation, or holding out to th public expressly or by course of conduc that it provides such transportation re ularly or with a reasonable degree of re ularity (1) within the State of Hawa except as provided in paragraph (e) ( this section; and (2) between any point where scheduled helicopter passeng service, or community center and intel airport service, is provided by the hold of a certificate of public convenience an necessity either in accordance with suc certificate or pursuant to exemption o der of the Board. N (c) Air taxi service in Alaska. service in air transportation shall t offered or performed by an air taxi of erator between points both of which a in the State of Alaska, or one of whic is in Alaska and the other in Canad unless the air taxi operator also hold authority from the State of Alaska t operate aircraft of a maximum take-o weight not over 12,500 pounds as a com mon carrier in intrastate commerc or has applied to the Board for, an received, special exemption authorit (see Subpart D of Part 302 of the Pr cedural Regulations): Provided, Th the operator is prohibited from rendel 28 The carriers are cautioned that the safet regulations of the FAA applicable to air ta aircraft in excess of 12,500 pounds may different from those applicable to aircra under 12,500 pounds and that, as in the ca of all operations conducted under this par the operations with aircraft in excess 12,500 pounds must be conducted pursua to applicable safety regulations. |