1、238 14 CFR Ch. II (1111 Edition) Pt. 296 PART 296INDIRECT AIR TRANSPORTATION OF PROPERTY Subpart AGeneral Sec. 296.1 Purpose. 296.2 Applicability. 296.3 Indirect cargo air carrier. 296.4 Joint loading. 296.5 Agency relationships. 296.6 Public disclosure of cargo liability limits and insurance. Subpa
2、rt BExemption for Indirect Air Transportation of Property 296.10 Exemption from the Statute. Subpart CViolations 296.20 Enforcement. AUTHORITY: 49 U.S.C. Chapters 401, 417. SOURCE: ER1261, 46 FR 54727, Nov. 4, 1981, unless otherwise noted. Subpart AGeneral 296.1 Purpose. This part establishes rules
3、for the in-direct air transportation of property. It creates a class of air carriers to provide this air transportation and grants ex-emptions from certain provisions of the Subtitle VII of Title 49 of the United States Code (Transportation). ER1257, 46 FR 52591, Oct. 27, 1981, as amend-ed at 60 FR
4、43527, Aug. 22, 1995 296.2 Applicability. This part applies to air transpor-tation of property by indirect cargo air carriers, and to persons entering into control relationships with indirect cargo air carriers. 296.3 Indirect cargo air carrier. An indirect cargo air carrier is any U.S. citizen who
5、undertakes to engage indirectly in air transportation of property, and uses for the whole or any part of such transportation the serv-ices of an air carrier or a foreign air carrier that directly engages in the op-eration of aircraft under a certificate, regulation, order, or permit issued by the De
6、partment of Transportation or the Civil Aeronautics Board, or the services of its agent, or of another indi-rect cargo air carrier. ER1261, 46 FR 54727, Nov. 4, 1981, as amend-ed by Docket No. 47939, 57 FR 40103, Sept. 2, 1992 296.4 Joint loading. Nothing in this part shall preclude joint loading, m
7、eaning the pooling of shipments and their delivery to a di-rect air carrier for transportation as one shipment, under an agreement be-tween two or more indirect air carriers or foreign indirect air carriers. 296.5 Agency relationships. An indirect cargo air carrier may act as agent of a shipper, or
8、of a direct air carrier that has authorized such agen-cy, rather than as an air carrier, if it expressly reserves the option to do so when the shipment is accepted. 296.6 Public disclosure of cargo li-ability limits and insurance. Every indirect cargo air carrier shall give notice in writing to the
9、shipper, when any shipment is accepted, of the existence or absence of cargo liability accident insurance, and of the limits on the extent of its liability, if any. The notice shall be clear and conspicu-ously included on or attached to all of its rate sheets and airwaybills. Subpart BExemption for
10、Indirect Air Transportation of Property 296.10 Exemption from the Statute. (a) Indirect cargo air carriers are ex-empted from the provisions of the Stat-ute only if and so long as they comply with the provisions of this part and its conditions, and to the extent necessary to permit them to organize
11、and arrange their air freight shipments to provide indirect air transportation, except for the following sections: (1) Section 41510(b) (solicitation of re-bates). However, indirect cargo air car-riers are exempt from section 41510(b) to the extent necessary to permit them to solicit, accept, or rec
12、eive fees from direct air carriers. (2) Section 41702 to the extent re-quired to provide safe service, equip-ment, and facilities in connection with air transportation. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00248 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS
13、3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-239 Office of the Secretary, DOT 297.2 (3) Section 41310 (nondiscrimination) with respect to foreign air transpor-tation. (4) Section 41708 (accounts, records, and reports) and section 4
14、1709 (inspec-tion of accounts and property); (5) Section 41712 (unfair or deceptive practices or method of competition); (6) Section 40102(b) (form of control); and (7) Section 41711 (inquiry into air car-rier management). (b)(c) Reserved (d) Direct air carriers are exempted from Chapter 415 of the
15、Statute to the extent necessary to permit them to pay, directly or indirectly, fees to indi-rect cargo air carriers. ER1261, 46 FR 54727, Nov. 4, 1981, as amend-ed by ER1335, 48 FR 22705, May 20, 1983; ER 1381, 49 FR 25226, June 20, 1984, 50 FR 31142, July 31, 1985; 60 FR 43527, Aug. 22, 1995 Subpar
16、t CViolations 296.20 Enforcement. In case of any violation of any of the provisions of the Statute, or of this part, or any other rule, regulation, or order issued under the Statute, the vio-lator may be subject to a proceeding under section 46101 of the Statute be-fore the Department, or sections 4
17、6106 through 46108 of the Statute before a U.S. District Court, as the case may be, to compel compliance. The violator may also be subject to civil penalties under the provisions of section 46301 of the Statute, or other lawful sanctions. ER1261, 46 FR 54727, Nov. 4, 1981, as amend-ed by Docket No.
18、47939, 57 FR 40103, Sept. 2, 1992; 60 FR 43527, Aug. 22, 1995 PART 297FOREIGN AIR FREIGHT FORWARDERS AND FOREIGN COOPERATIVE SHIPPERS ASSO-CIATIONS Subpart AGeneral Sec. 297.1 Purpose. 297.2 Applicability. 297.3 Definitions. 297.4 Joint loading. 297.5 Foreign air freight forwarder as agent. 297.6 Fo
19、reign cooperative shippers associa-tion as agent. Subpart BExemption for Foreign Indirect Air Transportation of Property 297.10 Exemption from the Statute. 297.11 Disclaimer of jurisdiction. 297.12 General requirements. Subpart CRegistration for Foreign Air Freight Forwarders and Foreign Coop-erativ
20、e Shippers Associations 297.20 Filing for registration. 297.21 Objections to registration applica-tion. 297.22 Procedure on receipt of registration application. 297.23 Waiver of sovereign immunity. 297.24 Notification to the Department of change of operations. 297.25 Cancellation or conditioning of
21、reg-istration. Subpart DGeneral Rules for Foreign Indirect Air Carriers 297.30 Public disclosure of cargo liability in-surance. 297.31 Preparation of airwaybills and mani-fests. Subpart E Reserved Subpart FViolations 297.50 Enforcement. AUTHORITY: 49 U.S.C. Chapters 401, 417. SOURCE: ER1159, 44 FR 6
22、9635, Dec. 4, 1979, unless otherwise noted. Subpart AGeneral 297.1 Purpose. This part establishes registration procedures and operating rules for for-eign air carriers that engage indirectly in interstate or foreign air transpor-tation of property. It relieves these carriers from certain provisions
23、of Sub-title VII of Title 49 of the United States Code (Transportation), and es-tablishes simplified reports for them. ER1294, 47 FR 19684, May 7, 1982, as amend-ed at 60 FR 43527, Aug. 22, 1995 297.2 Applicability. This part applies to interstate air transportation of property and to for-eign air t
24、ransportation of property out-bound from the United States by for-eign indirect air carriers. It also ap-plies to applications for registration as VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00249 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
