1、368 14 CFR Ch. II (1111 Edition) 374.1 374.3 Compliance with the Consumer Credit Protection Act and regulations. 374.4 Enforcement procedure. AUTHORITY: 15 U.S.C. 16011693r; 49 U.S.C. Subtitle VII; and 12 CFR parts 202 and 226. SOURCE: SPR175, 46 FR 43960, Sept. 2, 1981, unless otherwise noted. 374.
2、1 Purpose. The purpose of this part is to state the Department of Transportations re-sponsibility to enforce air carrier and foreign air carrier compliance with Subchapters I, III, IV, V and VI of the Consumer Credit Protection Act and Regulations B and Z of the Board of Governors of the Federal Res
3、erve Sys-tem. 62 FR 25841, May 12, 1997 374.2 Applicability. This part is applicable to all air car-riers and foreign air carriers engaging in consumer credit transactions. 374.3 Compliance with the Consumer Credit Protection Act and regula-tions. (a) Each air carrier and foreign air carrier shall c
4、omply with the require-ments of the Consumer Credit Protec-tion Act, 15 U.S.C. 16011693r. Any vio-lation of the following requirements of that Act will be a violation of 49 U.S.C. Subtitle VII, enforceable by the De-partment of Transportation: (1) The Truth in Lending Act, as sup-plemented by the Fa
5、ir Credit Billing Act, 15 U.S.C. 16011667, requiring dis-closure of credit terms to the consumer and prohibiting inaccurate or unfair credit billing and credit card practices. (2) The Fair Credit Reporting Act, 15 U.S.C. 16811681 setting forth require-ments to be met by consumer credit re-porting ag
6、encies and persons who use consumer credit reports. (b) Each air carrier and foreign air carrier shall comply with the require-ments of Regulation B, 12 CFR part 202, and Regulation Z, 12 CFR part 226, of the Board of Governors of the Federal Reserve Board. Any violation of the re-quirements of thos
7、e regulations will be a violation of 49 U.S.C. Subtitle VII, enforceable by the Department of Transportation. 62 FR 25841, May 12, 1997 374.4 Enforcement procedure. The statutes and regulations referred to in 374.3 may be enforced by an en-forcement procedure as set forth in part 302 of this chapter
8、 or by the as-sessment of civil penalties under 49 U.S.C. 46301. 62 FR 25842, May 12, 1997 PART 374aEXTENSION OF CREDIT BY AIRLINES TO FEDERAL POLIT-ICAL CANDIDATES Sec. 374a.1 Purpose. 374a.2 Applicability. 374a.3 Definitions. 374a.4 Conditions governing extension of unsecured credit. 374a.5 Exempt
9、ion authority. 374a.6 Reporting requirements. 374a.7 Record retention requirements. 374a.8 Prospective application of part. AUTHORITY: 49 U.S.C. chapters 401, 411, 415, 417. SOURCE: SPR53, 37 FR 9388, May 10, 1972, unless otherwise noted. 374a.1 Purpose. Section 401 of the Federal Election Campaign
10、Act of 1971 (Pub. L. 92225, 86 Stat. 19, 2 U.S.C. 451, enacted February 7, 1972, and hereafter referred to as the Election Campaign Act) directs the Civil Aeronautics Board to promulgate, within 90 days after enactment, regula-tions with respect to the extension of unsecured credit by any person reg
11、u-lated by the Board to any candidate for Federal office, or to any person on be-half of such a candidate, for goods fur-nished or services rendered in connec-tion with the campaign of such can-didate for nomination for election, or election, to such office. The purpose of this part is to issue rule
12、s pursuant to said section 401 of the Election Cam-paign Act in accordance with the Civil Aeronautics Boards responsibility thereunder. 374a.2 Applicability. This regulation shall be applicable to all air carriers as defined herein. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00378 Fm
13、t 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-369 Office of the Secretary, DOT 374a.4 374a.3 Definitions. Adequate security means (a) a bond, issued by a surety meeting
14、 the stand-ards prescribed for sureties in part 380 of this chapter, in an amount not less than one hundred and fifty percent (150%) of the credit limit established by the air carrier for the candidate, or the person acting on behalf of the can-didate, as the case may be, by the terms of which bond
15、the surety under-takes to pay to the air carrier any and all amounts (not exceeding the face amount of the bond) for which the as-sured candidate or the assured person acting on behalf of a candidate, as the case may be, is or may become legally liable to the air carrier for transpor-tation, as defi
16、ned in this part; or (b) collateral with a market value equal to one hundred and fifty percent (150%) of the established credit limit for such ac-count, which collateral must be depos-ited in escrow and must consist of Fed-eral, State, or municipal bonds or other negotiable securities which are publ
17、icly traded on a securities ex-change. Air carrier means any air carrier hold-ing a certificate of public convenience and necessity issued under section 401 of the Federal Aviation Act of 1958, as amended. Candidate means an individual who seeks nomination for election, or elec-tion, to Federal offi
18、ce, whether or not such individual is elected. For purposes of this part, an individual shall be deemed to seek nomination for elec-tion, or election, if he has (a) taken the action necessary under the law of a State to qualify himself for nomina-tion for election, or election, to Fed-eral office; o
19、r (b) received contribu-tions or made expenditures, or given his consent for any other person to re-ceive contributions or make expendi-tures, with a view to bringing about his nomination for election, or election, to such office. Election shall have reference to (a) a general, special, primary, or
20、runoff election; (b) a convention or caucus of a political party held to nominate a candidate; (c) a primary election held for the selection of delegates to a na-tional nominating convention of a po-litical party; or (d) a primary election held for the expression of a preference for the nomination o
21、f persons for elec-tion to Federal office. Established credit limit means the dol-lar limit of credit established by the carrier extending credit. Federal office means the office of President or Vice President of the United States, or of Senator or Rep-resentative in, or Delegate or Resident Commiss
22、ioner to, the Congress of the United States. Person acting on behalf of a candidate means (a) a political committee acting on behalf of, or a person employed by such candidate or by such political committee to act on behalf of, such candidate in connection with such can-didates campaign for nominati
23、on for election, or election, to Federal office; (b) a person acting under a contract with, or as an agent of, such candidate or political committee to engage in ac-tivities in connection with such can-didates campaign for nomination for election, or election, to Federal office; or (c) a person for
24、whom such can-didate or political committee pays, di-rectly or indirectly, for services pur-chased by such person. The term in-cludes persons acting on behalf of more than one candidate. Payment in advance means payment by cash, check, money order, or by credit card (if the issuer of such card is no
25、t an air carrier or a subsidiary, par-ent, or affiliate thereof) prior to per-formance of such transportation by an air carrier. Political committee means any com-mittee, association, corporation, or or-ganization which accepts contribu-tions, or makes expenditures, for the purpose of supporting a c
26、andidate or candidates for nomination for election, or election, to Federal office. Transportation means (a) the carriage of persons or property (including serv-ices connected therewith) for com-pensation or hire to or from any place in the United States, or (b) the lease or rental of aircraft, with
27、 or without crew. SPR53, 37 FR 9388, May 10, 1972, as amended by SPR173, 45 FR 80099, Dec. 3, 1980 374a.4 Conditions governing exten-sion of unsecured credit. (a) Unless adequate security is post-ed, or full payment in advance is made, VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00379
28、 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-,-,-370 14 CFR Ch. II (1111 Edition) 374a.5 no air carrier shall provide transpor-tation to any person it knows, or has rea
29、sons to know, is a candidate or a person acting on behalf of such can-didate, in connection with the cam-paign of such candidate, except in ac-cordance with, and subject to, the fol-lowing conditions: (1) At least once a month the air car-rier shall submit to each such can-didate or person a stateme
30、nt covering all unsecured credit extended to such candidate or person, as the case may be (whether in connection with the cam-paign of such candidate or otherwise.) (2) Such statements shall be mailed no later than the second business day following the last day of the billing pe-riod, covered by the
31、 statement. (3) The amount of indebtedness shown on each such statement shall be payable in full no later than 25 days after the last day of the billing period, after which time the indebtedness shall be overdue. (4)(i) Unsecured credit shall not be extended by an air carrier to a can-didate, or to
32、any person acting on his behalf in connection with the campaign of such candidate, so long as any over-due indebtedness of such candidate to such air carrier shall remain unpaid, in whole or in part, or so long as such air carrier shall know that any overdue in-debtedness of such candidate to any ot
33、her air carrier remains unpaid, in whole or in part. (ii) Unsecured credit shall not be ex-tended by an air carrier to a person acting on behalf of a candidate, for transportation in connection with the campaign of such candidate, so long as any overdue indebtedness of such per-son to such carrier s
34、hall remain un-paid, in whole or in part, or so long as such air carrier shall know that any overdue indebtedness of such person to any other air carrier remains unpaid, in whole or in part. (5)(i) With respect to transportation in connection with the campaign of any candidate to be performed after
35、June 1, 1972, unsecured credit shall not be extended by an air carrier to any person acting on behalf of such can-didate unless the carrier is authorized in writing by such candidate to extend such credit. The foregoing sentence shall not be construed as requiring the candidate to assume liability t
36、o the carrier for credit so extended. (ii) Within 7 days after indebtedness becomes overdue for any unsecured credit extended by an air carrier to a person acting on behalf of a candidate in accordance with paragraph (a)(5)(i) of this section, the carrier shall notify the candidate in writing of the
37、 amount of the overdue indebtedness, and, un-less paid in full within 25 days after the date of such notice, the overdue indebt-edness shall be deemed to be the over-due indebtedness of the candidate, for the purposes of paragraph (b)(4)(i) of this section. (b) It shall be presumed that a can-didate
38、 or person acting on behalf of a candidate intends to use transpor-tation in connection with the cam-paign of such candidate for nomination for election, or election, to Federal of-fice. (Secs. 204, 407 of the Federal Aviation Act of 1958, as amended, 72 Stat. 743, 766; 49 U.S.C. 1324, 1377. Sec. 40
39、1 of the Federal Election Campaign Act of 1971, 86 Stat. 19, 2 U.S.C. 451) SPR53, 37 FR 9388, May 10, 1972, as amended by SPR169, 45 FR 25796, Apr. 16, 1980; SPR 172, 45 FR 53454, Aug. 12, 1980 374a.5 Exemption authority. Air carriers are exempt from the fol-lowing provisions of Title IV of the Fede
40、ral Aviation Act of 1958, as amend-ed: (a) Section 403, (b) section 404(b), and any and all other provisions of Title IV of the Federal Aviation Act of 1958, as amended, to the extent nec-essary to enable air carriers to comply with the provisions of this part. 374a.6 Reporting requirements. (a) Air
41、 carriers shall make monthly reports to the Bureau of Transpor-tation Statistics with respect to the credit for transportation furnished to candidates, or persons acting on behalf of candidates, during the period from 6 months before nomination, if any, or from 6 months before election, until the da
42、te of election. After that 6- month period, air carriers shall file such a report with the Bureau of Trans-portation Statistics not later than the 20th day following the end of the cal-endar month in which the election or nomination takes place, and thereafter VerDate Mar2010 13:23 Feb 23, 2011 Jkt
43、223046 PO 00000 Frm 00380 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-,-,-371 Office of the Secretary, DOT 374a.8 1Filed as part of the original document. when any chan
44、ge occurs in that report, until a negative report is filed showing that no debt for such extension of cred-it is owed to the carrier. (b)(1) A separate report shall be filed for each candidate with an aggregate indebtedness balance of over $5,000 on the last day of the month to which the report pert
45、ains. The report shall cover all debts incurred by the candidate, whether or not incurred in connection with his campaign, and all debts in-curred by persons acting on his behalf in connection with such campaign. The indebtedness accounts reported shall be those which the air carrier knows, or has r
46、eason to know, have been incurred by or on behalf of a candidate; and it shall be presumed that the transpor-tation for which the indebtedness has been incurred is intended to be used in connection with the campaign of such candidate for nomination for election, or election, to Federal office. (2) T
47、he reports required by this para-graph (b) shall be filed with the Office of Airline Information not later than the 20th day following the end of the calendar month to which the report pertains. They shall include the fol-lowing data: (i) Name of account; (ii) the credit limit established for such a
48、c-count; (iii) the balance, if any, of the amount payable for transportation not paid for in advance; (iv) any unpaid balance of the charges for such trans-portation as of the last day of the month covered by the report, and the length of time that such balance has remained unpaid; and (v) a descrip
49、tion of the type and value of any bond, col-lateral, or other security securing such unpaid balance. (3) The report required by this para-graph (b) shall be in the form attached hereto as Appendix A.1(c) A separate report shall be filed for each person acting on behalf of any candidate, if the aggregate indebted-ness balance of such person to the re-porting air carrier (including all debts incurred by such person, whether or not incurred i
