1、360 SUBCHAPTER DSPECIAL REGULATIONS PART 372OVERSEAS MILITARY PERSONNEL CHARTERS Subpart AGeneral Provisions Sec. 372.1 Applicability. 372.2 Definitions. 372.3 Waiver. 372.4 Enforcement. 372.5 Suspension of revocation of authority. Subpart BExemption 372.10 Exemption. Subpart CConditions and Limitat
2、ions 372.20 Requirement of operating authoriza-tion. 372.21 Solicitation. 372.22 Discrimination. 372.23 Methods of competition. 372.24 Surety bond, depository agreement, escrow agreement. 372.25 Tariffs to be filed for charter trips. 372.26 Reserved 372.27 Name of operator. 372.28 Record retention.
3、Subpart DOperating Authorization 372.30 Application. 372.31 Issuance. 372.32 Effective period. 372.33 Nontransferability. APPENDIX A TO PART 372OVERSEAS MILI-TARY PERSONNEL CHARTER OPERATORS SURETY BOND UNDER PART 372 OF THE SPECIAL REGULATIONS OF THE DEPART-MENT OF TRANSPORTATION (14 CFR PART 372)
4、AUTHORITY: 49 U.S.C. Chapters 401, 411, 413, 417. SOURCE: SPR54, 37 FR 11163, June 3, 1972, unless otherwise noted. Subpart AGeneral Provisions 372.1 Applicability. This part establishes the terms and conditions governing the furnishing of overseas military personnel charters in air transportation b
5、y direct air car-riers or foreign air carriers and by overseas military charter operators. This part also relieves charter opera-tors from the provisions of section 41102 of Title 49 of the United States Code (the Statute), for the purpose of enabling them to provide overseas military personnel char
6、ters utilizing aircraft chartered from such direct air carriers or foreign air carriers. Nothing contained in this part shall be con-strued as repealing or amending any provisions of any of the Departments regulations, unless the context so re-quires. SPR60, 37 FR 19122, Sept. 19, 1972, as amended a
7、t 60 FR 43529, Aug. 22, 1995 372.2 Definitions. As used in this part, unless the con-text otherwise requires: Charter means overseas military per-sonnel charter. Charter operator means overseas mili-tary personnel charter operator. Charter participant means a member of the overseas military personne
8、l charter group. Charter price means the total amount of money paid by the charter partici-pant to the charter operator for air transportation. Immediate family means only the fol-lowing persons: the spouse, children, parents, parents of the spouse, children of the parents, and children of the par-e
9、nts of the spouse of (1) military per-sonnel on active duty with the United States Armed Forces (including Coast Guard) stationed outside the contig-uous states of the United States and the District of Columbia, and (2) civil-ian employees of the Department of Defense who are citizens of the United
10、States and are stationed in a foreign country, or in a U.S. territory or pos-session, where U.S. military personnel are stationed. Overseas military personnel charter means a charter, either one-way or round-trip, limited to military per-sonnel on active duty with the U.S. Armed Forces (including th
11、e Coast Guard), stationed outside the 48 contig-uous States of the United States and the District of Columbia, and/or civil-ian employees of the Department of Defense who are citizens of the United States and are stationed in a foreign VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00370
12、 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-,-,-361 Office of the Secretary, DOT 372.20 country, or in a U.S. territory or pos-session, where such U.S. military per-so
13、nnel are stationed, and/or the imme-diate families of the foregoing persons, where the following conditions are met: (a) All military personnel and ci-vilian employees of the Department of Defense participating in the charter are on official furlough, leave, pass, or other authorized absence from du
14、ty, and (b) the transportation is between a place in the 48 contiguous States of the United States or the District of Colum-bia and a place in Alaska, Hawaii, or a territory or possession of the United States, or a foreign country in which military personnel of the United States are stationed: Provi
15、ded, however, That nothing contained herein shall pre-clude an overseas military personnel charter operator from utilizing any un-used space on an aircraft chartered by it pursuant to this part for the trans-portation, on a free or reduced-rate basis, of such charter operators em-ployees, directors,
16、 and officers, and the parents and immediate families of such persons, subject to the provisions of part 223 of this chapter. Overseas military personnel charter op-erator means any citizen of the United States, as defined in section 40102(a)(15) of the Statute authorized hereunder to engage in the
17、formation of overseas military personnel charter groups and who complies with the provisions of this part. Person means any individual, firm, association, partnership, or corpora-tion. Statute when used in this chapter means Subtitle VII of Title 49 of the United States Code (Transportation). SPR54,
18、 37 FR 11163, June 3, 1972, as amend-ed by SPR69, 38 FR 14164, May 30, 1973; SPR 109, 41 FR 35158, Aug. 20, 1976; 60 FR 43529, Aug. 22, 1995 372.3 Waiver. A waiver of any of the provisions of this regulation may be granted by the Department upon its own initiative, or upon the submission by a charte
19、r oper-ator of a written request therefor: Pro-vided, That such a waiver is in the pub-lic interest and it appears to the De-partment that special or unusual cir-cumstances warrant a departure from the provisions set forth herein. 372.4 Enforcement. In case of any violation of the provi-sions of the
20、 Statute, or this part, or any other rule, regulation, or order issued under the Statute, the violator may be subject to a proceeding pursu-ant to section 46101 of the Statute be-fore the Department, or sections 46106 through 46108 of the Statute before a U.S. district court, as the case may be, to
21、compel compliance therewith, to civil penalties pursuant to the provi-sions of section 46301 of the Statute, or in the case of willful violation, to criminal penalties pursuant to the pro-visions of section 46316 of the Statute; or other lawful sanctions. SPR54, 37 FR 11163, June 3, 1972, as amend-e
22、d at 60 FR 43529, Aug. 22, 1995 372.5 Suspension or revocation of au-thority. The Department reserves the power to suspend the authority of any charter operator, without hearing, if it finds that such action is necessary in order to protect the rights of the traveling public, or to revoke such autho
23、rity for cause. Subpart BExemption 372.10 Exemption. Charter operators are hereby relieved from the provisions of section 41102 of the Statute only if and so long as they comply with the provisions of this part and the conditions imposed herein, and to the extent necessary to permit them to organize
24、 and arrange overseas mili-tary personnel charters. SPR176, 46 FR 43960, Sept. 2, 1981, as amended at 60 FR 43529, Aug. 22, 1995 Subpart CConditions and Limitations 372.20 Requirement of operating au-thorization. No person shall engage in air trans-portation as an overseas military per-sonnel charte
25、r operator by organizing, providing, selling, or offering to sell, soliciting, or advertising an overseas military personnel charter or charters unless there is in force an operating authorization issued pursuant to VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010
26、Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-362 14 CFR Ch. II (1111 Edition) 372.21 372.31 authorizing such person to en-gage in such transportation. Docket No. 47939, 57 FR 40105, Se
27、pt. 2, 1992 372.21 Solicitation. Solicitation of charter participants through advertising by charter opera-tors shall be restricted to the fol-lowing: (a) Radio and television stations op-erated by the U.S. Armed Forces; (b) Newspapers, periodicals, or other printed media disseminated and dis-tribut
28、ed primarily among military per-sonnel or civilian employees of the De-partment of Defense: Provided, however, That any printed advertisement of a charter operator shall include a state-ment explaining that eligibility for participation in such charters is lim-ited to military servicemen who are sta
29、tioned outside of the 48 contiguous States and the District of Columbia, and/or U.S. citizen civilian DOD em-ployees who are stationed in a foreign country, or a U.S. territory or posses-sion, where U.S. military personnel are stationed, and their respective imme-diate families. 372.22 Discriminatio
30、n. No charter operator shall make, give, or cause any undue or unreasonable preference or advantage to any par-ticular person, port, locality, or de-scription of traffic in air transpor-tation in any respect whatsoever or subject any particular person, port, lo-cality, or description of traffic in a
31、ir transportation to any unjust discrimi-nation or any undue or unreasonable prejudice or disadvantage in any re-spect whatsoever. 372.23 Methods of competition. No charter operator shall engage in unfair or deceptive practices or unfair methods of competition in air trans-portation or the sale ther
32、eof. 372.24 Surety bond, depository agree-ment, escrow agreement. (a) Before selling or offering to sell, soliciting or advertising any charter flight, a charter operator shall comply with one of the three following require-ments: (1) The charter operator shall furnish a surety bond in an amount not
33、 less than the maximum fare held out for charter flights proposed to be operated during each calendar month multiplied by 90 percent of the number of avail-able seats on such flights: Provided, however, That the liability of the sur-ety to any charter participant shall not exceed the charter operato
34、rs appli-cable tariff fare. Such bond shall be filed with the Department not less than 45 days prior to the commence-ment of the calendar month covered by the bond together with a list of flights proposed to be operated during the month showing charter price, depar-ture dates, equipment to be used f
35、or each flight and the seating capacity: Provided, however, That the amount of the bond shall be increased if addi-tional charter flights are proposed or may be reduced if proposed charter flights are canceled, in which event a substitute bond and amended list of proposed flights shall be filed with
36、 the Department within 10 days of the date that the charter operator adds flights or cancels flights previously proposed, but in no event later than 2 days prior to the operation of any such additional charter flights; or (2) The charter operator shall: (i) Furnish and file with the Depart-ment a su
37、rety bond in the amount of $100,000 for the protection of the char-ter participants: Provided, however, That the liability of the surety to any charter participant shall not exceed the charter operators applicable tariff fare; and (ii) Enter into an agreement with a bank, the terms of which shall in
38、clude the following: (a) Each participant shall pay for his deposit and subsequent payments com-prising the charter participants tariff fare only by check or money order pay-able to such bank which shall maintain a separate accounting for each flight: Provided, however, That if the partici-pant make
39、s a cash deposit, the charter operator who receives such cash de-posit shall forthwith remit to the des-ignated bank a check for the full amount of the deposit; (b) The bank shall not pay the air carrier or foreign air carrier the char-ter price for the transportation earlier VerDate Mar2010 13:23 F
40、eb 23, 2011 Jkt 223046 PO 00000 Frm 00372 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-,-,-363 Office of the Secretary, DOT 372.24 than 60 days (including day of depar-t
41、ure) prior to the scheduled day of de-parture of the originating or returning flight, upon certification of the depar-ture date and price by the charter oper-ator; (c) The bank shall reimburse the charter operator for refunds made by the latter to the participants upon written notification from the
42、charter operator; (d) If the charter operator notifies the bank that a flight has been can-celed, the bank shall make the applica-ble refunds directly to the participants; (e) Except as provided in paragraph (a)(2)(ii)(c) of this section, the bank shall not pay any funds from the ac-count to the cha
43、rter operator prior to 2 banking days after completion of each flight when the balance in the account shall be paid to the charter operator upon certification of the completion date by the charter operator and direct air carrier; (f) Notwithstanding any provisions above, the amount of total cash dep
44、os-its required to be maintained in the de-pository account of the bank may be reduced by one or both of the fol-lowing: The amount of surety bond in the form prescribed herein in excess of the minimum bond required by para-graph (a)(2)(i) of this section; an escrow with the designated bank of Feder
45、al, State, or municipal bonds or other se-curities, consisting of certificates of deposit issued by banks having a stated policy of redeeming such certificates before maturity at the request of the holder (subject only to such interest penalties or other conditions as may be required by law), or neg
46、otiable securi-ties which are publicly traded on a se-curities exchange, all such securities to be made payable to the escrow account: Provided, That such other securities shall be substituted in an amount no greater than 80 percent of the total market value of the escrow account at the time of such
47、 substitution: And pro-vided, further, That should the market value of such other securities subse-quently decrease, from time to time, then additional cash or securities qualified for investment hereunder shall promptly be added to the escrow account, in an amount equal to the amount of such decrea
48、sed value; or (3) The charter operator shall: (i) Furnish and file with the Depart-ment a surety bond in the amount of $100,000 for the protection of the char-ter participants: Provided, however, That the liability of the surety to any charter participant shall not exceed the charter operators appli
49、cable tariff fare; and (ii) Enter into an agreement with a bank, the terms of which shall include the following: (a) Whenever the gross amount of customers deposits exceeds 25 percent of the charter operators net worth, as computed under generally accepted ac-counting principles, the charter oper-ator shall, on or before the 30th day of the succeeding month, place in escrow or in trust with the bank cash in an amount at least equa
