[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR380.2]

[Page 398]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 380--PUBLIC CHARTERS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 380.2  Definitions.

    For the purposes of this part:
    Certificated air carrier means a U.S. 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 customer. It does not 
include scheduled air transportation, scheduled foreign air 
transportation, or nonscheduled cargo air transportation, sold on an 
individually ticketed or individually waybilled basis.
    Direct air carrier means a certificated or foreign air carrier, or 
an air taxi operator or commuter air carrier registered under part 298 
of this chapter, or a Canadian charter air taxi operator registered 
under part 294 of this chapter, that directly engages in the operation 
of aircraft under a certificate, permit or exemption issued by the 
Department.
    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 diplomas by any government in the United States or by a foreign 
government.
    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 authorizing direct foreign air transportation.
    Foreign Public Charter opertor means an indirect air carrier which 
is not a citizen of the United States as defined in the statute, that is 
authorized to engage 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 
indirectly in air transportation operations and who uses for such 
transportation the services of a direct air carrier.
    Public Charter means a one-way or round-trip charter flight to be 
performed by one or more direct air carriers that is arranged and 
sponsored by a charter operator.
    Public Charter operator means a U.S. or foreign Public Charter 
operator.
    Security agreement means:
    (1) A surety bond issued by a company--
    (i) That is listed in the Best's Insurance Reports (Fire and 
Casualty) with a general policyholders' rating of ``A'' or better, or
    (ii) That is listed in the U.S. Department of Treasury's notice 
listing companies holding Certificates of Authority 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 letter-of-credit, issued by a 
Federal Deposit Insurance Corporation-insured financial institution, 
which provides substantially equivalent protection.
    Statute means Subtitle VII of Title 49 of the United States Code 
(Transportation).
    Sub-operator means a Public Charter operator that has contracted for 
its charter seats from a Public Charter operator 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 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.