Editorial Note on Part 380
Editorial Note: Nomenclature changes to part 380 appear at 84 FR 15940, Apr. 16, 2019.

§ 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 § 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 § 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 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)