SUBPART B-FEES FOR SPECIAL SERVICES

§ 389.10 Applicability of subpart.

This subpart describes certain special services made available by the Board and prescribes the fees and charges for these services.

§ 389.11 Services available.

Upon request and payment of fees as provided in subsequent sections, there are available, with respect to documents subject to inspection, services as follows: (a) Copying records and documents.

(b) Certification of copies of documents under seal of the Board.

(c) Subscriptions to publications of the Board.

(d) Transcripts of hearings.

§ 389.12 Payment of fees and charges.

The fees charged for special services may be paid by check, draft, or postal money order, payable to the Civil Aeronautics Board, except for charges for reporting services which are performed under competitive bid contracts with non-Government firms. Fees for reporting are payable to the firms providing the services.

§ 389.13 Fees for services.

Except for photocopy work, the basic fees set forth below provide for documents to be mailed with ordinary first class postage prepaid. If copy is to be transmitted by registered, certified, air, or special delivery mail, postal fees therefor will be added to the basic fee. Also, if special handling or packaging is required, costs therefor will be added to the basic fee. For photocopy work, postage will be in addition to the fee for copying.

§ 389.14 Copying records and documents.

Copies of public records and documents on file with the Civil Aeronautics Board, as it may be practicable to furnish, will be provided upon request therefor and payment of fees as set forth below:

(a) Copies of documents are made by Board facilities, or by non-Government contractors.

(b) The fee for photocopying, including handling, will be at the rate of 35 cents per page.

(c) A minimum fee of $1.00 excluding postage will be charged for this service.

(d) The fee for copying by non-Government contractors will be that established in the contracts with the Board and will be billed directly by such contractors. § 389.15 Certification of copies of documents.

The Secretary of the Board will provide, on request, certification or validation (with the Civil Aeronautics Board seal) of documents filed with or issued by the Board. Copies of tariffs filed with the Board will be certified only when such copies have been made under the Board's supervision upon request of the applicant. Charges for this service are as follows:

Certification of the Secretary, $2.00. This fee includes clerical services involved in checking the authenticity of records to be certified, and shall be prepaid with the request. If copying of the documents to be certified is required, the copying charges provided for in § 389.14 will be in addition to the charges specified in this section.

§ 389.16 Board publications.

(a) Charges for subscriptions.-Charges are established for subscriptions to Board publications for which there are regular mailing lists. Publications available, and charges therefor, are described in the "List of Publications" available on request to the Board's Publications Section, B-22, Washington, D.C. 20428. This list and the charges therein are subject to revision at least annually and without prior notice. Subscriptions to publications are for calendar year terms and all subscriptions expire on December 31 of each year. Subscriptions to weekly or monthly publications for periods of less than a full calendar year will be prorated on a monthly basis. Quarterly publications will be prorated on a quarterly basis. No provision is made for refund upon cancellation of subscription by a purchaser. Payment for subscriptions in the form prescribed in § 389.12 shall accompany the subscription order.

(b) Free services.-No charge will be made by the Board for notices, decisions, orders, etc., required by law to be served on a party to any pro

ceeding or matter before the Board. No charge will be made for single copies of Board publications individually requested in person or by mail, except where a charge is specifically fixed for a publication at the time of its issuance, In addition, subscriptions to Board publications will be entered without charge when one of the following conditions is present:

(1) The furnishing of the service without charge is an appropriate courtesy to a foreign country or international organization;

(2) The recipient is engaged in a non-profit activity designed for the public safety, health, and welfare in the field of civil aeronautics;

(3) The recipient is another government agency, Federal, State or local, concerned with aeronautics or having a legitimate interest in the proceedings and activities of the Board;

(4) The recipient is a college or university;

(5) The recipient does not fall into any of the foregoing categories, but free service or service at a reduced rate is determined by the Board to be appropriate in the interest of and contributing to the Board's program.

(c) Reciprocal services.—Arrangements may be made for furnishing publications to a foregin country on a reciprocal basis.

§ 389.17 Transcripts of hearings.

Transcripts of testimony and oral argument are furnished by a non-Government contractor, and may be purchased directly from the reporting firm.

SUBPART C-FILING AND LICENSE FEES

§ 389.20 Applicability of subpart.

This subpart prescribes the fees for filing certain documents with the Board; the license fees to be paid by air carriers which are issued certificates of public convenience and necessity pursuant to section 401 of the Act, or which have such certificates amended, modified, renewed, or transferred; and the general rules pertaining to such fees.

§ 389.21 Payment of fees.

(a) Any document for which a filing fee is required by § 389.25 shall be accompanied by check, draft, or postal money order, payable to the Civil Aeronautics Board, in the amount prescribed herein.

(b) Unless the Board specifies otherwise, the license fee required by § 389.25 (a) (2) shall be paid within 60 days after the date of the Board order containing notification of the amount determined by the Board to be due, or before the date service is commenced pursuant to Board order, whichever occurs first.

(c) Where a document seeks authority or relief in the alternative and therefore would otherwise be subject to more than one filing fee, only the highest fee shall be required.

(d) No fee shall be returned after the document has been filed with the Board, except as provided in § 389.22 (c) and § 389.25 (a) (1).

§ 389.22 Failure to make proper payment.

(a) Except as provided in § 389.23, documents (except tariff publications) which are not accompanied by filing fees shall be returned to the filing party, and such documents shall not be considered as filed by the Board.

(b) The filing fee tendered by a filing party shall be accepted by the Board office to whom payment is made, subject to post audit by the Chief of the Board's Finance Section and notification to the filing party within 10 days of any additional amount due. Not more than 5 days after receipt of the notification, the determination of the Chief, Finance Section, may be appealed to the Executive Director of the Board, who has been delegated authority by the Board to decide such appeals in § 385.12 of this chapter. The filing party may submit to the Board a petition for review of the Executive Director's decision pursuant to § 385.50 of this chapter, and proceedings thereon will be governed by Part 385, Subpart C, of this chapter.

(c) The amount found due by the Chief, Finance Section, shall be paid within 10 days of notification expect that (i) if that decision is appealed to the Executive Director, the amount due shall be paid within 10 days after the Executive Director notifies the filing party that he has affirmed or modified the decision of the Chief, Finance Section; and (ii) if the decision of the Executive Director is appealed to the Board, the amount due shall be paid within 10 days after the

Board notifies the filing party that it has affirmed or modified the staff decision. If the amount due is not paid, the document (except a tariff publication) shall be returned to the filing party along with the fee tendered, and such document shall be deemed to have been dismissed or withdrawn.

§ 389.23 Application for waiver or modification of fees.

(a) Applications may be filed requesting waiver or modification of any fee required to be paid by this subpart. Each applicant shall set forth in a factual manner the reasons why, as to it individually, payment of the prescribed fee would be unduly burdensome and would be unfair and inequitable, taking into consideration cost to the government, value to the applicant, public policy or interest served, and any other pertinent factors.

(b) Applications requesting waiver or modification of filing fees shall be addressed to the Executive Director of the Board and shall accompany the document filed. The applicant will thereafter be notified whether the request is granted or denied by the Executive Director, who has been delegated authority by the Board to decide such applications in § 385.12 of this chapter. The applicant may submit to the Board a petition for review of the Executive Director's decision pursuant to § 385.50 of this chapter, and proceedings thereon will be governed by Part 385, Subpart C, of this chapter. When no petition for review is filed with the Board, or when the Board reviews the Executive Director's decision, if the amount found due is not paid within 10 days after receipt of notification of the final determination of the Executive Director or the Board, as the case may be, the document (except a tariff publication) shall be returned to the filing party, and such document shall be deemed to have been dismissed or withdrawn. (c) Applications requesting waiver or modification of license fees shall be determined by the Board, and any fee determined by the Board to be due shall be paid in accordance with § 389.21 (b).

§ 389.24 Exemption.

Governments, and instrumentalities or agencies thereof, and foreign direct and indirect air carriers are exempted from the fee requirements prescribed herein.

§ 389.25 Schedule of filing and license fees.

(a) Certificates of public convenience and necessity.—(1) The filing fee for an application, under section 401 of the Act, (i) for a certificate of public convenience and necessity to engage in air transportation, or (ii) to amend, modify, renew, or transfer a certificate or to abandon a route or a part thereof, is $200.00. The fee will be refunded if the application is withdrawn prior to hearing or dismissed under the stale-application rule of § 302.911 of this chapter.

(2) In addition to the filing fee, one of the following license fees shall be paid by each carrier which, pursuant to its application, is issued a certificate or has its certificate amended:

(i) A fee based on annual gross transport revenue increase, for the first full year of operations, as estimated by the Board, resulting from new or changed authority in accordance with the following schedule:

(ii) A fee of $1,000.00 for each point deleted where annual gross transport revenues are not estimated by the Board to increase from deletion or consolidation of points.

(b) Agreements.-The filing fee for a contract or agreement filed under section 412(a) of the Act is $20.00: Provided, however, that where the filing seeks approval of more than one contract, agreement, or conference resolution, a separate filing fee will be assessed for each such separate contract, agreement, or resolution: Provided further, that identical resolutions in the same filing applicable to different IATA conference areas will be counted as one resolution.

(c) Air cargo pickup and delivery service.-The filing fee for an application, under § 222.3 of this chapter, for tariff-filing authority providing for pickup and delivery service is $150.00.

(d) Airport notice or authorization.—The filing fee (1) for an airport notice, under § 202.3(a) or § 203.5(a), to permit a certificated route carrier to serve a point regularly through an airport not then regularly used by such carrier, or (2) for an application, under § 202.3 (b) (2), for permission to use an airport, is $30.00.

(e) Change in service pattern.-The filing fee for an application for change in service pattern or an approved service plan is $30.00 for an application under Part 376 of this chapter and $240 for an application under Parts 202 and 203 of this chapter.

(f) Change of name.-The filing fee for an application, under Part 215 of this chapter, for a change of name or use of a trade name is $100.00.

(g) Delay inauguration of or temporarily suspend service.-The filing fee for an application, under Part 205 of this chapter, for authority to delay inauguration of service or to temporarily suspend service is $240.00.

(h) Exemptions from section 401 and special operating authorization.—The filing fee for an application (1) for an exemption under section 416(b) of the Act from the provisions of section 401 of the Act (except an application dealing with a specific number of charters), or (2) for a special operating authorization under section 417 of the Act, is $200.00.

(i) Exemptions from section 403.-The filing fee for an application for exemption under section 416(b) of the Act from the provisions of section 403 of the Act is $25.00.

(j) Other exemptions and Part 208 and 295 waivers.-The filing fee for (1) an application for exemption under section 101 (3) or section 416(b) of the Act, except applications within the provisions of § 389.25(h) or (i) of this part, or (2) a request under § 208.3a or § 295.3 of this chapter for a waiver of any of the provisions of Part 208 or Part 295 of this chapter, respectively, is $55.00; except that the filing fee for an application for exemption for the performance of a specific number of charters (one-way or round-trip) is $55.00, plus $5.00 for each charter (one-way or round-trip) described.

(k) Free or reduced-rate authority, waiver of tariff regulations, and special tariff permission.—The filing fee for applications (1) under § 223.8 of this chapter for authority to furnish free or reduced-rate overseas or foreign air transportation (except an application filed at the request of a United States Government agency or a foreign government), (2) under § 221.200 of this chapter for waiver or modification of the provisions of Part 221 with respect to the filing and posting of tariffs, or (3) for special tariff permission under § 221.133 or § 221.191 of this chapter, is $7.00; except that such fee shall not apply to applications for waiver or special tariff permission affecting tariff pages for which no fee is assessed under § 389.25 (p).

(1) Inclusive-tour charters.-The filing fee for an application for a Statement of Authorization under § 378.11 of this chapter to conduct inclusive-tour charters is $75.00, plus $5.00 for each tour charter described.

(m) Interlocking relationships under section 409.-The filing fee for an application for approval of interlocking relationships under section 409 of the Act is $135.00.

(n) Merger, acquisition of control, etc., under section 408.-The filing fee for an application under section 408 of the Act is $65.00; except that the filing fee for an application for merger, consolidation, or acquisition of control of direct air carriers is $2,000.00 for each direct air carrier named in the merger, consolidation, or acquisition of control.

(0) Operating authorization-airfreight forwarder.-The filing fee for an application, under Part 296 or Part 297 of this chapter, for operating authorization as an airfreight forwarder or international airfreight forwarder is $275.00.

(p) Tariff filing.—The filing fee for tariffs (including supplements and revised or additional original pages thereto) filed pursuant to section 403 or section 1003 of the Act is $1.00 per page; except that when a tariff issued by a foreign air carrier or its publishing agent includes participating air carriers, those pages which contain only rates, fares, or other provisions applying solely for account of a foreign air carrier shall be exempt from this filing fee.

(Section 204 (a) of the Federal Aviation Act of 1958, 72 Stat. 743, 49 U.S.C. 1324 (a); and 5 U.S.C. 140.)

By the Civil Aeronautics Board: [SEAL]

HAROLD R. SANDERSON, Secretary.

II. FEDERAL COMMUNICATIONS COMMISSION

FEDERAL COMMUNICATIONS COMMISSION,
Washington, D.C., February 27, 1968.

Hon. EDWARD V. LONG,

U.S. Senate,

Washington, D.C.

(Attention: Mr. Benny L. Kass).

Dear SENATOR LONG: In accordance with your request of January 30, 1968, I am submitting herewith the following information:

1. Information, records, and other documents which are routinely available for public inspection are listed in sections 0.453 and 0.455 of the enclosed copy of the FCC rules.

2. Information, records, or other documents which the FCC has not made available since the enactment of the Freedom of Information Act are as follows:

(a) Investigative files concerning broadcast stations: Section 0.457 (g) of the FCC rules as amended July 26, 1967 (FCC 67-873).

(b) Network affiliation contracts: Section 0.457 (d) of the FCC rules. (c) Financial information: Section 0.457 (d) (1) (i) of the FCC rules. 3. Enclosed are two copies each of the FCC Rules and Regulations and amendments implementing the Public Information Act.

IN THE MATTER OF AMENDMENT OF PART 0, RULES AND REGULATIONS, TO IMPLEMENT P.L. 89-487

ORDER

(Adopted July 13, 1967; Released July 18, 1967)

By the Commission: Commissioners Bartley, Cox and Loevinger absent. 1. Rules implementing the Public Information Act of 1966 (P. L. 89-487, July 4, 1966) are set forth in the attached Appendix. A substantial effort has been made in devising substantive criteria and procedures to achieve full compliance with both the letter and spirit of that law. The question of fees to cover the cost of locating and producing records for inspection is under consideration and will be dealt with at a subsequent time. In administering these provisions, we will take into account that:

This law was initiated by Congress and signed by the President with several key concerns:

that disclosure be the general rule, not the exception;

that all individuals have equal rights of access;

that the burden be on the Government to justify the withholding of a

document, not on the person who requests it;

that individuals improperly denied access to documents have a right to seek injunctive relief in the courts;

that there be a change in Government policy and attitude.1

2. The Commission will welcome comment on any provision of these rules. The Commission intends to review the operation of the rules during the next six months and to make such changes as are shown to be desirable upon the basis of our experience with them and the comments and views of all interested persons.

3. Authority for the amendments adopted herein is contained in sections 4 (i) 4(j) and 303 (r) of the Communications Act of 1934, as amended, and P.L. 89-487, Because these amendments pertain to matters of procedure and internal organization, and because their issuance is required by P.L. 89-487, compliance with the notice and effective date provisions of section 4 of the Administrative Procedure Act is neither necessary nor desirable in the public interest.

1 Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act, June 1967, at pp. III-IV.

92-089-68-5