[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR292.21]



[Page 232-233]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 292_INTERNATIONAL CARGO TRANSPORTATION--Table of Contents

 

                      Subpart C_Effect of Exemption

 

Sec. 292.21  Incorporation of contract terms by reference.



    (a) Carriers holding an effective exemption from the duty to file 

tariffs under this part may incorporate contract terms by reference 

(i.e. without stating their full text) into the waybill or other 

document embodying the contract of carriage for the scheduled



[[Page 233]]



transportation of cargo in foreign air transportation, provided that:

    (1) The notice, inspection, explanation and other requirements set 

forth in 14 CFR 221.177(a)(1), (a)(2), (a)(4), (b), (c) and (d) are 

complied with, to the extent applicable, except that the notice required 

under 14 CFR 221.177(b)(1) shall refer to the title or general nature of 

the publication(s) or document(s) containing the full text of the 

referenced terms rather than to ``terms and conditions filed in public 

tariffs with U.S. authorities'';

    (b) In addition to other remedies at law, a carrier may not claim 

the benefit as against a shipper or consignee of, and a shipper or 

consignee shall not be bound by, any contract term which is incorporated 

by reference under this part unless the requirements of paragraph (a)(1) 

of this section are complied with, to the extent applicable; and

    (c) The purpose of this section is to set uniform disclosure 

requirements, which preempt any State requirements on the same subject, 

for terms incorporated by reference into contracts of carriage for the 

scheduled transportation of cargo in foreign air transportation.