§ 221.244 - Power of attorney.

(a) Form. The power of attorney required by § 221.220 shall be prepared in accordance with the following form (on durable, white paper 81/2 by 11 inches):

(b) Explanations of reference marks. Where a reference mark is shown in the above power of attorney form, the information to be shown where such reference mark appears shall conform to the requirements stated in the following explanation of the respective reference mark:

Reference markExplanation(1)Show a consecutive power of attorney number. All powers of attorney issued by each carrier shall be consecutively numbered 1, 2, 3, 4, etc. in only one series of power of attorney numbers.(2)A power of attorney may only cancel a previous power of attorney given to the same agent and alternate agent (except as otherwise provided in §§ 221.224 and 221.225). A power of attorney shall not cancel a previous power of attorney which conferred greater authority (see § 221.222).(3)Show name of carrier issuing the power of attorney. The name shall be shown exactly as it appears in such carrier's Certificate of Public Convenience and Necessity, Permit, Letter of Registration, or other form of operating authority issued by the Board, or such other name which has specifically been authorized by order of the Board.(4)Show name of agent to whom the power of attorney is given. The agent's name shall be shown uniformly in the same manner in all powers of attorney given by all carriers to such agent and shall be shown exactly as it appears in the tariffs of such agent.(5)If no restrictions are to be placed on the authority conferred in the power of attorney, the paragraph captioned “Restriction” shall be deleted in its entirety. If the authority is to be restricted to the publication and filing of rates, fares, or charges (including their governing provisions) applying between particular points or territories or on particular traffic or via particular routes, such rates, fares, or charges shall be specified in explicit and definite terms in the paragraph captioned “Restriction”. No restriction shall be imposed in the power of attorney with respect to the amounts or level of rates, fares, or charges. If the authority is to be restricted to the publication and filing of a particular tariff, the restriction shall be shown in the following manner:“Restriction: This authority is restricted to the publication and filing of ———————————————(Show exact title of tariff) C.A.B. No. ——, including supplements thereto and revised or original pages thereof.”If the latter authority is to include successive issues of the tariff named in the restriction, the restriction shall be shown in the following manner:“Restriction: This authority is restricted to the publication and filing of ———————————————(Show exact title of tariff) C.A.B. No. ——, and successive issues thereof, including supplements to and revised or original pages of said publications.”(6)Show name of alternate agent. Each principal agent shall have only one alternate agent. The alternate agent's name shall be shown uniformly in the same manner in all carriers’ powers of attorney issued in favor of such alternate. In the case of a corporate agent this entire paragraph of the form shall be omitted.(7)The power of attorney shall be signed by the owner if the carrier is an individual person and by a partner if the carrier is a partnership. If the carrier is a corporation or similar entity, the power of attorney shall be signed by an officer thereof.(8)If the carrier is a corporation (or similar entity), the power of attorney shall be attested by the secretary (or similar officer) thereof and the carrier's corporate seal shall be affixed thereto. If the carrier is a foreign carrier and, under the laws of the carrier's native country, such seal and attestation are not required to authenticate the document, affixing the seal and attesting the document is not required, provided that such carrier or its agent certifies to the Board in writing that the laws of the carrier's native country do not require such attestation and seal to authenticate such powers of attorney.