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FEDERAL
VOLUME

14

S
f
REGISTER
1934 ST

NUMBER 75

Washington, Wednesday, April 20, 1949
TITLE 14 CIVIL AVIATION
Chapter I Civil Aeronautics Board Subchapter B Economic Regulations Regs., Serial No. ER-142
P art 292 C lassifications and E xemptions IRREGULAR AIR CARRIERS

Adopted by the Civil Aeronautics Board at its office in Washington, D. C., on the 13th day of April 1949. The Civil Aeronautics Board, having circulated for comment a draft of pro posed regulation amending 292.1 of its Economic Regulations relating to Irregu lar Air Carriers,1having considered writ ten comments and oral argument thereon, and having also considered other data and information available to the Board, finds as follows:
1. Since 1938 there has been in effect an exemption regulation of the Board which exempts Irregular Air Carriers from certain provisions of Title IV of the Civil Aeronautics Act. By various amendments since 1938 the extent of economic regulation of such carriers has been gradually extended by the Board.
Th last general revision of the regula tion occurred in May 1947, at which time the Board found that both the protec tion of the public from improper prac tices by the noncertificated carriers and protection of the certificated carriers against unregulated competition re quired that additional regulatry pro visions of the act be made applicable to such carriers.
2. Experience since May of 1947 has demonstrated the need for further re vision of the regulation, particularly with respect to the regulation of Large Ir1The term "Irregular Air Carrier as used herein is defined in paragraph b of S 292.1
below.
2Such data and information include, among other things, the reports heretofore filed with the Board by the Irregular Air Carriers pursuant to 292.1 and 202.1; data obtained in investigations made by the en forcement staff of the Board, particularly in Docket No. 3450, "In the Matter of the In vestigation of the Activities and Practices of Large and Irregular Carriers; and formal and Informal complaints filed against Ir regular Air Carriers.

regular Carriers. Although a substantial number of Large Irregular Carriers have attempted to comply with the regulation and to meet such need as exists for irregular service, the regulation has served as a cloak for operations which are not within the intent and purpose of theregulation. Purporting to oper ate pursuant to the regulation some of the Large Irregular Carriers have con ducted a substantial amount of regular operations, although the Board intended to authorize, and did authorize, only the rendition of irregular, limited and sporadic operations.
3. The temptation on the part of the Large Irregular Carrier which has no other means of livelihood to violate the regulation is very great, because such carrier tends for economic reasons to gravitate to the more lucrative routes and to operate with increasing regularity thereon in order to obtain full utilization of large aircraft. Route operations also permit the development of return loads, thus eliminating the less profitable flights to off-route points on which little or no payload is developed. To obtain sufficient utilization of large aircraft for an economical operation based on air transportation alone a substantial num ber of flights between definite points becomes necessary or desirable, even if only one or two large aircraft are being used. The need for route operations is further emphasized by operational fac tors, such as considerations of mainte nance, overhaul, fueling and Crew change for large aircraft.
4. The Large Irregular Carriers them selves have recognized the difficulty of attempting to conduct irregular services profitably with large aircraft. In the oral argument before the Board in this proceeding and in recent applications for further exemption authority to conduct scheduled operations the carriers have emphasized this difficulty. As stated by three recent applicants: 4
Large aircraft are costly and are expensive to maintain and operate. Safety and other applicable regulations require substantial exAn Irregular Air Carrier is classified as a Large Irregular Carrier if the allowable gross weight of the aircraft units utUized in the transportation services of the carrier exceeds 10,000 pounds for any one unit or 25,000 pounds for the total of such units disregarding units of 6,000 or less.
Dockets Nos. 3430, 3433 and 3434.
Continued on next page
CONTENTS
Agriculture Department
Pase
See Rural Electrification Adminis tration.
Rules and regulations:
Loan and purchase agreement programs:
Beans, dry edible__________
Peas, dry edible___________
Purchase agreement programs:
Grain sorghums___________
O ats____________________
W heat__________________

1884
1884
1884
1884
1885

Air Force Department Rules and regulations:
Military renegotiation régula- , tions; forms .see National -Military Establishment.

Alien Property, Office of Notices:
Vesting orders, etc.:
Costs and expenses incurred in Cook County, 111., courtDeg, Elizabeth________
Gerstenberg, Aage_________
Goerner, Johanna P. C_____
Goudard, Maurice_______ t._
Locatglli, Mrs. Erminia_____
Mannheimer, Paula L______
Oswald, Richard, and Kath arina Oswald________
Pieroni, Amedeo_______
Pohanka, Olga, and Grete.
G lass_________________
Stieltjes, Frederik Hendrik__
Wilkens, Christian___ _____
Wilson, James C___________

1907
1907
1908
1908
1908
1908
1908
1908
1909
1909
1909
1906
1906

Army Department Rules and regulations:
Military renegotiation regula tions; forms see National Military Establishment.
Property claims against U. S__

1892

Civil Aeronautics Board Notices:
Hearings, etc.:
All American Airways, Inc__
Scandinavian Airlines Sys tem; foreign air carrier perm it_____________
Proposed rule making:
Irregular air carriers; accounts, records and reports, classifi cation and exemptions, and reporting requirements_____
Rules and regulations:
Irregular air carriers; classifi cations and exemptions___
Applications for exemptions.
1879

1900
1900

1895
187&
1883