[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: 14CFR380.28]

[Page 401-402]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 380--PUBLIC CHARTERS--Table of Contents
 
         Subpart C--Requirements Applicable to Charter Operators
 
Sec. 380.28  Charter prospectus.

    (a) The charter prospectus shall include an original and two copies 
of the following:
    (1) From the charter operator and the direct air carrier:
    (i) The proposed flight schedule, listing the origin and destination 
cities, dates, type of aircraft, number of seats, and charter price for 
each flight;
    (ii) The tour itinerary (if any) including hotels (name and length 
of stay at each), and other ground accommodations and services; and
    (iii) A statement that they have entered into a charter contract 
that covers the proposed flight schedule, that the contract complies 
with all applicable Department regulations, and that a copy of the 
schedule has been sent to the depository bank (if any) and the 
operator's securer. The schedule shall be identified with a number 
assigned by the charter operator that does not duplicate any schedule 
numbers assigned by the operator to other proposed flight schedules. The 
proposed flight schedule, tour itinerary (if any), and statement shall 
be filed on OST Form 4532.
    (2)(i) From the charter operator and the securer, a statement:
    (A) That they have entered into a security agreement covering the 
proposed flight schedule that complies with Sec. 380.34, including the 
amount of the coverage, the number assigned to it by the securer, and 
the amount of any outstanding claims against it, and
    (B) That the securer has received a copy of the proposed flight 
schedule. The statement shall identify the proposed flight schedule by 
the schedule number assigned by the charter operator in accordance with 
paragraph (a) of this section. If there are any outstanding claims 
against the agreement, the charter operator and securer shall also state 
that they have executed a rider or amendment increasing the coverage by 
the amount of the claims, or that the securer will separately pay any 
claims for which it may be liable without impairing the agreement or 
reducing the amount of its coverage.
    (ii) These statements shall be filed an OST Form 4533.
    (3) If a depository agreement is used, a statement from the charter 
operator, the direct air carrier, and the depository bank:
    (i) That they have entered into a depository agreement covering the 
proposed flight schedule that complies with Sec. 380.34, and
    (ii) That the bank has received a copy of the proposed flight 
schedule by the schedule number assigned by the charter operator in 
accordance with paragraph (a)(1) of this section. This statement shall 
be filed on OST Form 4534.
    (b) Each of the statements described in paragraph (a) of this 
section shall also include the names and addresses of

[[Page 402]]

the parties to it, and the originals shall be signed by those parties.
    (c) The prospectus may cover a series of charters performed by one 
charter operator if the departure of the last charter is not more than 
one year after the departure of the first.
    (d) If the prospectus covers a series of charters and the air 
transportation will be performed by more than one direct air carrier, 
the prospectus shall include separate statements in accordance with 
paragraphs (a)(1) and (a)(3) of this section to cover the flights that 
will be performed by each direct carrier.

(Approved by the Office of Management and Budget under Control Number 
2106-0005)