date they were canceled, and the date service was restored. NOTE: The reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. PART 206-CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: SPECIAL AUTHORIZATIONS 1 Sec. 206.1 Emergency transportation. 206.2 Omission of stop at route junction points. 206.3 Transportation of newsmen by allcargo carriers. § 206.1 Emergency transportation. Notwithstanding the provisions of section 401(a) of the act, and any term, condition or limitation attached to the exercise of the privileges of an air carrier certificate of public convenience and necessity which prohibits an air carrier from engaging in air transportation between any points on its route, the air carrier may carry between such points (a) any person or persons certified by a physician to be in need of immediate air transportation in order to secure emergency medical or surgical treatment together with any necessary attendant or attendants and (b) any medical supplies certified by a physician as requiring immediate air transportation for the protection of life. Air carriers offering to provide this emergency transportation shall file appropriate tariffs pursuant to section 403 of the act. (Secs. 204, 416, 72 Stat. 743, 771; 49 U.S.C. 1324, 1386) [ER-261, 24 F.R. 1860, Mar. 14, 1959] § 206.2 Omission of stop at route junction points. Notwithstanding the provisions of section 401(a) of the act, an air carrier on any flight which is regularly scheduled to be operated between points on two or more of its certificated routes, via a junction point of such routes, may omit a stop at such junction point whenever weather conditions at such junction point otherwise would require the cancellation or postponement of any portion of such flight. (Secs. 204, 416, 72 Stat. 743, 771; 49 U.S.C. 1324, 1386) [ER-246, 24 FR. 95, Jan. 6, 1959] 124 FR. 1860, Mar. 14, 1959. § 206.3 Transportation of newsmen by all-cargo carriers. Notwithstanding the provisions of sections 401(a) and 403 of the Act and Part 221 of the Board's economic regulations, an air carrier holding a certificate of public convenience and necessity for the transportation of property and mail only may provide transportation to persons between points in its certificate on regularly scheduled cargo flights for the purpose of collecting data for preparation of feature news, pictorial or like articles provided that: (a) The transportation is limited to the writer, journalist, or photographer engaged in the preparation of data for use in feature news, pictorial, or like articles which are to appear in newspapers or magazines, or on radio or television programs and which will publicize the regularly scheduled cargo operations of the carrier; (b) The air carrier shall collect from each person transported the lowest individual adult fare in effect by any carrier authorized to transport persons in regularly scheduled passenger service between the points involved; (c) The air carrier shall file with the Board's Bureau of Economics, at least 10 days before commencement of the transportation, a notice setting forth the name and affiliation of the writer, journalist or photographer, the routing to be followed, and the amount of fare to be collected. (Secs. 204 (a) and 416 of the Federal Aviation Act of 1958, as amended; 72 Stat. 743 and 771; 49 U.S.C. 1824 and 1386) [ER-665, 36 F.R. 2565, Feb. 6, 1971] 207.50 207.51 207.52 207.53 Applicability of subpart. Commissions paid to travel agents. Subpart D-Provisions Relating to Mixed Charters 207.60 Applicable rules. AUTHORITY: The provisions of this Part 207 issued under secs. 204, 401, 403, 404 (b), 407, 411, 416(b); 72 Stat. 743, 754 (as amended by 76 Stat. 143, 82 Stat. 867), 758 (as amended by 74 Stat. 445), 760, 766, 769, 771; 49 U.S.C. 1324, 1371, 1373, 1374, 1377, 1381, 1386. SOURCE: The provisions of this Part 207 contained in ER-684, 36 F.R. 7432, Apr. 20, 1971, unless otherwise noted. As used in this part, unless the contex otherwise requires: "All-cargo carrier” means an air carrier holding a certificate of public convenience and necessity issued pursuant to section 401(d) (1) or (2), which authorizes the carriage of property only or property and mail only. "Base Revenue Plane Miles" means revenue mileage operated by an air carrier in scheduled services, extra sections, and on-route charter trips or special services. "Charter flight" means air transportation performed in accordance with § 207.11. "Charter group" means that body of individuals who shall actually participate in the charter flight. "Charter organization" means that organization, group, or other entity from whose members (and their immediate families) a charter group is derived. "Charter trip" means air transportation performed in accordance with § 207.11. "Combination carrier" means an air carrier holding a certificate of public convenience and necessity issued pursuant to section 401 (d) (1) or (2) which authorizes the carriage of persons, property and mail or persons and property only. "Hawaiian charter trip" means a charter trip between points within the 48 contiguous States of the United States, on the one hand, and points in the State of Hawaii, on the other hand. "Islands of the Caribbean" means points in Jamaica, the Bahama Islands, Bermuda, Haiti, the Dominican Republic, Puerto Rico, the Virgin Islands, Trinidad and Tobago, the Cayman Islands, Aruba, the Leeward and Windward Islands, Barbados, and Curacao. "Mixed charter" means a charter, the cost of which is borne, or pursuant to contract may be borne, partly by the charter participants and partly by the charterer. "Off-route" shall refer to any charter which is not on-route, except (1) charters performed for the Department of Defense, and (2) charters performed in overseas or foreign air transportation on the reverse leg of a charter performed in the opposite direction under a contract with the Department of Defense calling for one-way service. "On-route" shall refer to service performed by an air carrier between points between which said carrier is authorized to provide service pursuant to either its certificate of public convenience and necessity or exemption authority: Provided, however, That passenger charter trips by any all-cargo carrier are not considered to be on-route whether or not they are performed between points designated to receive service by such carrier in its certificate of public convenience and necessity, except that in the event services are performed pursuant to a contract with the Department of Defense or an agency thereof, by an all-cargo carrier between points designated to receive service by such carrier in its certificate of public convenience and necessity which (1) involves cargo transportation in one direction and passenger transportation in the other direction or (2) involves a charter trip in which passengers and cargo are carried on the same flight, the passenger charter leg or the mileage operated in such charter, as the case may be, will be considered on-route. NOTE: Charter services for the Department of Defense conducted between points between which the carrier is not otherwise authorized to provide service by its certificate of public convenience and necessity or exemption authority naming such points are not regarded as "on-route." "Point" means any airport or place where an aircraft may be landed or taken off, including the area within a 50-mile radius of such airport or place. "Pro rata charter" means a charter, the cost of which is divided among the passengers transported. "Single entity charter" means a charter, the cost of which is borne by the charterer and not by individual passengers, directly or indirectly. "Special services" are all services rendered in air transportation which are authorized by section 401(e) (6) of the Act by an air carrier holding a certificate of public convenience and necessity other than (1) services rendered in air transportation over the route or routes designated in its certificate(s), (2) charter services as defined in this section, and (3) services authorized by special exemption under section 416(b) of the Act. "Transatlantic charter trip" means a charter trip between points within the 48 contiguous States of the United States, on the one hand, and points in Greenland, Iceland, the Azores, Europe, Africa, or Asia, as far east as (and including) India, on the other hand: Provided, however, That this definition shall not apply to off-route charter trips performed by a carrier between a point within the 48 contiguous States of the United States, on the one hand, and a point in a country in the above area with respect to which the carrier is authorized to perform air transportation of persons and property pursuant to a certificate of public convenience and necessity issued under section 401 of the Act, on the other hand. "Transpacific charter trip" means a charter trip between points within any State of the United States, on the one hand, and points in Australasia (including Australia, New Zealand, Polynesia, Micronesia, and Melanesia), Indonesia, or Asia as far west as longitude 70° east, on the other hand: Provided, however, That this definition shall not apply to off-route charter trips performed by a carrier between a point within any State of the United States, on the one hand, and a point in a country in the above area with respect to which the carrier is authorized to perform air transportation of persons and property pursuant to a certificate of public convenience and necessity issued under section 401 of the Act, on the other hand. "Travel agent" means any person engaged in the formation of groups for transportation or in the solicitation or sale of transportation services. [ER-684, 36 F.R. 7432, Apr. 20, 1971 as amended by ER-704, 36 F.R. 20367, Oct. 21, 1971] § 207.2 Applicability of part. This part shall apply to all air carriers (other than Alaskan air carriers and air carriers certificated for supplemental air service) who hold currently effective certificates of public convenience and necessity issued by the Board pursuant to section 401 of the act. § 207.3 Scope of authorization. Off-route charter trips and other special services, and on-route charters, may be performed by air carriers, subject, however, to the limitations and regulations set forth in this part. The limitations and regulations herein specified as applicable to charter trips shall be applicable to all charter trips irrespective of whether the authority to conduct such trips derives from section 401(e) (6) of the act or the carrier's certificate of public convenience and necessity or from a special or general exemption issued by the Board. § 207.4 Tariffs to be filed for charter trips and special services. (a) No air carrier shall perform any charter trips or other special services unless such air carrier shall have on file with the Board a currently effective tariff showing all rates, fares, and charges for such charter trips and other special services, and showing the rules, regulations, practices, and services in connection with such transportation including the eligibility requirements for charter groups not inconsistent with those established in this part. (b) Every charter tariff shall contain the following provision: Payments for a charter flight made to any person to whom the carrier, directly or indirectly, has paid a commission or has agreed to pay a commission with respect to such flight, shall be considered payment to the carrier: Provided, however, That this requirement shall not be applicable to foreign-originated charters. § 207.4a Written contracts with char terers. (a) Every agreement to perform a charter trip, except charters for the Department of Defense, shall be in writing and signed by an authorized representative of the air carrier and the charterer prior to operation of a charter flight: Provided, That where execution of a contract prior to commencement of flight is impracticable because the charter has been arranged on short notice, compliance with the provision hereof shall be effected within seven (7) days after commencement of the flight. The written agreement shall include, without limitation: (1) Date and place of execution of the contract or agreement; (2) Signature, printed or typed name of each signatory, and official position of each; (3) Dates of flights and points involved; (4) Type and capacity of aircraft: Number of passenger seats available or pounds of cargo capacity; and (5) Rates, fares, and charges applicable to the charter trip, including the charter price, live and ferry mileage charges, and layover and other nonflight charges. (b) No term or condition of the charter contract shall, on its face, be inconsistent with any provision of the carrier's published tariff. § 207.5 Limitation on amount of charter trips which may be performed by combination carriers. A combination carrier shall not during any calendar year perform off-route charter trips which in the aggregate, on a revenue plane-mile basis, exceed 2 percent of the base revenue plane-miles flown by it during the preceding calendar year. § 207.6 All-cargo carriers: limitation on amount of charter trips which may be performed. (a) [Reserved]. (b) An all-cargo carrier shall not during any calendar year perform off-route charters which in the aggregate, on a revenue plane-mile basis, exceed 2 percent of the base revenue plane-miles flown by it during the preceding calendar year: Provided, however, That an allcargo carrier shall be permitted to perform off-route cargo charters within its area of operations without any limitation as to volume of service. (c) Within the meaning of paragraph (b) of this section, the areas of operations of the all-cargo carriers are the following: (1) Within the 48 contiguous StatesThe Flying Tiger Line Inc.; Airlift International, Inc.; and Seaboard World Airlines, Inc. (2) Between the 48 contiguous States and Europe-Seaboard World Airlines, Inc. (3) Between the 48 contiguous States, on the one hand, and the islands of the Caribbean, on the other-Airlift International, Inc. (4) Between the 48 contiguous States and Asia as far west as longitude 70° east, including Japan and the Philippines, but not including Indonesia-The Flying Tiger Line Inc. [ER-684, 36 F.R. 7432, Apr. 20, 1971, as amended by ER-704, 36 F.R. 20367, Oct. 21, 1971] § 207.7 Charter trips and other special services within the State of Alaska. An air carrier shall not perform any charter trip or other special service in interstate air commerce within the State of Alaska. § 207.7a Restriction on frequency and regularity of off-route charter trips and other special services. No air carrier shall perform off-route Hawaiian, transatlantic or transpacific charter trips, or any other off-route charter trips between any pair of points, or special services between any pair of points: (a) In excess of a total of eight (8) flights in the same direction during any period of four successive calendar weeks, (b) In the same direction on the same day of two or more successive calendar weeks, (c) In excess of a total of three (3) flights in the same direction during any period of two successive calendar weeks unless such period is followed by a break of at least one calendar week during which no flights are operated in such market or between such points, (d) Which are so arranged as to result in the observance of breaks required by paragraph (c) of this section at regularly recurring intervals, or (e) Which are so arranged as to result in any uniform pattern or normal consistency of operations: Provided, That the restrictions imposed by this section shall not be applicable to off-route cargo charters performed by an all-cargo carrier within its area of operations as set forth in § 207.6. § 207.8 ices. Notice of proposed special serv No air carrier shall perform any special service in interstate, overseas or foreign air transportation unless at the time of filing of a tariff applicable to such special service or at the time of filing of an application for a special tariff permission, such air carrier shall have submitted to the Board a statement setting forth a full description of the proposed service and shall have mailed copies thereof to the air carriers authorized by certificates of public convenience and necessity to render service to any point designated to receive the proposed special service. The proposed special service shall not be inaugurated if prior to the effective date of the tariff applicable to such special service, or at the time of action on the application for special tariff permission, the Board shall have notified such air carrier that the performance of such special service does not appear to be consistent with the public interest. § 207.9 Records and record retention. Each air carrier shall obtain and retain the following records in accordance with Part 249 of this subchapter: (a) A record of the names and addresses of all passengers transported on each pro rata charter trip. (b) A copy of every charter contract. (c) Every statement of supporting information and proof of the commission paid to any travel agent for each pro rata charter trip. § 207.10 Reports of emergency commercial charters for other direct carriers. It shall be an express condition upon authority conferred by subparagraph (1) of paragraph (b) of § 207.11 that each air carrier which performs an emergency charter transporting commercial traffic for another direct carrier shall file a report with the Bureau of Operating Rights, within 30 days following each charter trip, containing the following information: (1) Name of direct carrier performing the charter and name of direct carrier for which the charter was performed; (2) Date of flight or flights; (3) Points of origin and destination, and intermediate points, in any; (4) Number of passengers and/or tons of cargo transported; (5) Description of circumstances creating the emergency; (6) Date of initial contact by the chartering carrier regarding the charter; (7) Reasons why the traffic in question was not or could not be carried by other carriers certificated to serve the particular market. [ER-684, 36 F.R. 7432, Apr. 20, 1971, as amended by ER-696, 36 F.R. 18787, Sept. 22, 1971] § 207.11 Charter flight limitations. Charter flights (trips) in air transportation shall be limited to the following: (a) Air transportation of persons and/ or property pursuant to contracts with the Department of Defense where the entire capacity of one or more aircraft has been engaged by the Department; (b) Air transportation performed on a time, mileage, or trip basis where the entire capacity of one or more aircraft has been engaged for the movement of persons and their baggage and/or the movement of property; (1) By a person for his own use (including a direct air carrier or a direct |