1、385 Office of the Secretary, DOT 380.1 when the applicable period for filing of petitions for rehearing, reargument or reconsideration expires, or when a timely filed petition therefor is denied, whichever occurs latest. SPR84, 40 FR 24998, June 12, 1975, as amend-ed by SPR184, 47 FR 7212, Feb. 18,
2、1982; 65 FR 6457, Feb. 9, 2000 377.11 Processing of defective re-newal applications. When the Board determines that a re-newal application does not comply with the requirements of this part, or that it does not relate to a license with reference to an activity of a continuing nature, it will so noti
3、fy the applicant. The applicant may amend his applica-tion to cure the deficiency as a matter of right at any time prior to the date when the application was due pursuant to 377.10(c). SPR84, 40 FR 24998, June 12, 1975 PART 380PUBLIC CHARTERS Subpart AGeneral Provisions Sec. 380.1 Applicability. 380
4、.2 Definitions. 380.3 General provisions. 380.4 Enforcement. Subpart BConditions and Limitations 380.10 Public Charter requirements. 380.11 Payment to direct air carrier(s). 380.12 Cancellation by charter operator and notice to participants. 380.13 Prohibition on sale of round trips with open return
5、s. 380.14 Unused space. 380.15 Substitution for charter participants. 380.17 Charters conducted by educational institutions. Subpart CRequirements Applicable to Charter Operators 380.20 Relief from the Statute. 380.21380.23 Reserved 380.24 Suspension of exemption authority. 380.25 Prospectus filing
6、and related require-ments. 380.26 Discrimination. 380.27 Methods of competition. 380.28 Charter prospectus. 380.29 Charter contract. 380.30 Solicitation materials. 380.31 General requirements for operator- participant contracts. 380.32 Specific requirements for operator- participant contracts. 380.3
7、3 Major changes in itinerary or price; refunds. 380.33a Operators option plan. 380.34 Security and depository agreements. 380.34a Substitution of direct air carriers security or depository agreement. 380.35 Disbursements from depository ac-count. 380.36 Record retention. Subpart DRequirements Applic
8、able to Direct Air Carriers 380.40 Charter not to be performed unless in compliance with this part 380. 380.41380.42 Reserved 380.43 Cancellations by direct air carriers. 380.45 Suspension of exemption authority. 380.46 Charter trip reporting. Subpart ERegistration of Foreign Charter Operators 380.6
9、0 Purpose. 380.61 Operation by foreign charter opera-tors. 380.62 Registration applications. 380.63 Objections to registration applica-tions. 380.64 Department action on a registration application. 380.65 Notification of change of operations or ownership. 380.66 Cancellation or conditioning of the r
10、egistration. 380.67 Waiver of sovereign immunity. APPENDIX A TO PART 380PUBLIC CHARTER OPERATORS SURETY BOND UNDER PART 380 OF THE SPECIAL REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION (14 CFR PART 380) APPENDIX B TO PART 380PUBLIC CHARTER SURETY TRUST AGREEMENT AUTHORITY: 49 U.S.C. 40101, 40102,
11、40109, 40113, 41101, 41103, 41301, 41504, 41702, 41708, 41712, 46101. SOURCE: Docket No. OST972356, 63 FR 28241, May 22, 1998, unless otherwise noted. Subpart AGeneral Provisions 380.1 Applicability. This part applies to Public Charter air transportation of passengers in interstate or foreign air tr
12、anspor-tation, whether furnished by direct air carriers or Public Charter operators. This part also relieves such charter op-erators from various provisions of sub-title VII of Title 49 of the United States Code (statute), formerly Title IV of the Federal Aviation Act of 1958, VerDate Mar2010 13:23
13、Feb 23, 2011 Jkt 223046 PO 00000 Frm 00395 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-,-,-386 14 CFR Ch. II (1111 Edition) 380.2 as amended, for the purpose of enablin
14、g them to provide Public Charters uti-lizing aircraft chartered from such di-rect air carriers. It also declines juris-diction over foreign Public Charter op-erators operating foreign-originating Public Charters. 380.2 Definitions. For the purposes of this part: Certificated air carrier means a U.S.
15、 direct air carrier holding a certificate issued under the statute. Charter flight means a flight operated under the terms of a charter contract between a direct air carrier and its cus-tomer. It does not include scheduled air transportation, scheduled foreign air transportation, or nonscheduled car
16、go air transportation, sold on an in-dividually ticketed or individually waybilled basis. Direct air carrier means a certificated commuter or foreign air carrier, or an air taxi operator registered under part 298 of this chapter, or a Canadian char-ter air taxi operator registered under part 294 of
17、this chapter, that directly engages in the operation of aircraft under a certificate, authorization, per-mit or exemption issued by the Depart-ment. Educational institution means a school that is operated as such on a year- round basis and is empowered to grant academic degrees or secondary school d
18、iplomas by any government in the United States or by a foreign govern-ment. Foreign air carrier means a direct air carrier that holds a foreign air carrier permit issued under the statute or an exemption issued under the statute au-thorizing direct foreign air transpor-tation. Foreign Public Charter
19、 opertor means an indirect air carrier which is not a citizen of the United States as defined in the statute, that is authorized to en-gage in the formation of groups for transportation on Public Charters in accordance with this part. Indirect air carrier means any person who undertakes to engage in
20、directly in air transportation operations and who uses for such transportation the serv-ices of a direct air carrier. Public Charter means a one-way or round-trip charter flight to be per-formed by one or more direct air car-riers that is arranged and sponsored by a charter operator. Public Charter
21、operator means a U.S. or foreign Public Charter operator. Security agreement means: (1) A surety bond issued by a com-pany (i) That is listed in the Bests Insur-ance Reports (Fire and Casualty) with a general policyholders rating of A or better, or (ii) That is listed in the U.S. Depart-ment of Trea
22、surys notice listing com-panies holding Certificates of Author-ity as acceptable sureties on Federal bonds and as acceptable reinsuring companies, published in the FEDERAL REGISTER in the first week in July; or (2) A Surety trust agreement or a let-ter-of-credit, issued by a Federal De-posit Insuran
23、ce Corporation-insured fi-nancial institution, which provides substantially equivalent protection. Statute means Subtitle VII of Title 49 of the United States Code (Transpor-tation). Sub-operator means a Public Charter operator that has contracted for its charter seats from a Public Charter op-erato
24、r that has contracted from one or more direct air carriers. A sub-operator is itself an indirect air carrier, not an agent of the Public Charter operator from which it has obtained its seat. U.S. Public Charter operator means an indirect air carrier that is a citizen of the United States as defined
25、in 49 U.S.C. 40102(a) and that is authorized to engage in the formation of groups for transportation on Public Charters in accordance with this part. Docket No. OST972356, 63 FR 28241, May 22, 1998, as amended at 70 FR 25773, May 16, 2005 380.3 General provisions. (a) Public Charters may be operated
26、 on a one-way or round-trip basis, with no minimum group or contract size. Public Charters may be sold on an air- only basis, or with mandatory or op-tional land arrangements. (b) A U.S. Public Charter operator operating a Public Charter which origi-nates in a foreign country shall not be subject to
27、 the requirements of 380.25, 380.28, 380.30 and 380.35. (c) The Department declines to exer-cise jurisdiction over a foreign Public VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00396 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot fo
28、r ResaleNo reproduction or networking permitted without license from IHS-,-,-387 Office of the Secretary, DOT 380.14 Charter operator which operates a Pub-lic Charter originating in a foreign country, but reserves the right to exer-cise its jurisdiction over any foreign Public Charter operator at an
29、y time its finds that such action is in the public interest. (d)(1) An educational institution op-erating a Public Charter need not com-ply with the financial security require-ments of 380.34 if each student partici-pant in the charter is enrolled in a for-mal academic course of study outside the Un
30、ited States, sponsored by or in conjunction with that institution, that is of at least four weeks duration. (2) The spouse, children, and parents of a student participant may accom-pany the participant on a charter oper-ated under this section. (e) The Department, upon application or on its own init
31、iative, may waive any of the provision of this part if it finds such action to be in the public interest. 380.4 Enforcement. In the case of any violation of the provision of the Statute or of this part, or any other rule, regulations, or order issued under the Statute, the violator may be subject to
32、 a proceeding pursu-ant to the Statute before the Depart-ment or a U.S district court, as the case may be, to compel compliance therewith; to civil penalties pursuant to the provisions of the Statute, or to criminal penalties pursuant to the pro-visions of the Statute, or other lawful sanctions. Sub
33、part BConditions and Limitations 380.10 Public Charter requirements. Public Charters under this part shall meet the following requirements: (a)(b) Reserved (c) If the charter is on a round-trip basis, the departing flight and return-ing need not be performed by the same direct air carrier. (d) The a
34、ir transportation portion of the charter must be performed by di-rect air carriers that hold authority under Chapter 411 and 413 of the Stat-ute, or are operating under 14 CFR part 298, except that only U.S. citizen direct air carriers may provide air transpor-tation for operations in interstate air
35、 transportation. 380.11 Payment to direct air car-rier(s). Except for air taxi operators and commuter air carriers (which are gov-erned by 14 CFR 298.38) and Canadian charter air taxi operators (which are governed by 14 CFR 294.32), the direct air carrier(s) shall be paid in full for the cost of the
36、 charter transportation (for both legs, if a round-trip charter) prior to the scheduled date of flight de-parture, as provided for in the basic charter regulations applicable to the direct air carrier(s) under part 212 of this chapter. 380.12 Cancellation by charter oper-ator and notice to participa
37、nts. (a) The charter operator may not cancel a charter for any reason (includ-ing insufficient participation), except for circumstances that make it phys-ically impossible to perform the char-ter trip, less than 10 days before the scheduled date of departure of the out-bound trip. (b) If the charter
38、 operator cancels 10 or more days before the scheduled date of departure, the operator must so no-tify each participant in writing within 7 days after the cancellation but in any event not less than 10 days before the scheduled departure date of the out-bound trip. If a charter is canceled less than
39、 10 days before scheduled depar-ture (i.e., for circumstances that make it physically impossible to perform the charter trip), the operator must get the message to each participant as soon as possible. 380.13 Prohibition on sale of round trips with open returns. The charter operator shall not accept
40、 any participants payment for return transportation unless the participant has specified a particular return flight. 380.14 Unused space. Noting contained in this part shall preclude a charter operator from uti-lizing any unused space on an aircraft by it for a Public Charter for the trans-portation
41、, on a free or reduced basis, of VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00397 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-,-,-388 14 CFR Ch. II (111
42、1 Edition) 380.15 such charter operators employees, di-rectors, and officers, and parents and immediate families of such persons. 380.15 Substitution for charter par-ticipants. Subsititues may be arranged for charter participants at any time pre-ceding departure. Participants who provide the charter
43、 operator or its sales agent with a substitute partici-pant, or who are substituted for by a participant found by the operator, shall receive a refund of all moneys paid to the operator, except that the operator may reserve the right to re-tain an administrative fee not to ex-ceed $25 for effecting
44、the substitution. 380.17 Charters conducted by edu-cational institutions. (a) This section shall apply only to charters conducted by educational in-stitutions for charter groups comprised of bona fide participants in a formal academic course of study abroad which is of at least 4 weeks duration. The
45、 charter group may also include a stu-dent participants immediate family (spouse, children, and parents). Except as modified in this section, all terms and conditions of this part applicable to the operation of Public Charters shall apply to charters conducted by educational institutions. (b) An edu
46、cational institution con-ducting such a charter shall submit to the Office of Aviation Analysis, Special Authorities Division, a statement, signed by its president, certifying that it meets the definition of educational institution set forth in 380.2. (c) An educational institution con-ducting such
47、a charter need not comply with the requirements of 380.25, 380.28, 380.34, and 380.35. Subpart CRequirements Applicable to Charter Operators 380.20 Relief from the Statute. (a) To the extent necessary to permit them to organize and arrange public charters, charter operators and foreign charter opera
48、tors are hereby relieved from the following provisions of Sub-title VII of Title 49 of the U.S. Code, only if and so long as they comply with the provisions and the conditions im-posed by this part: (1) Chapter 411. (2) Chapter 413. (3) Chapter 415. (4) Chapter 419. (5) If foreign charter operators
49、re-ceive interstate air transportation rights, any other provision of the stat-ute that would otherwise prohibit them from organizing and arranging Public Charters in interstate air transpor-tation. (b) A charter operator who is a cit-izen of the United States shall not be subject to the following requirements with respect to Public Charters that originate in a foreign country: 380.25, 380.28, and 380.30
