tion for permission to use such airport. An application filed pursuant to this paragraph shall be conspicuously entitled "Application for Permission to Use the Airport for Serving .” and shall set forth the information required in the airport notice as well as any other facts relied upon to establish that the proposed airport use is in the public interest, a statement of economic data or other matters which it is desired that the Board officially notice, and shall contain a notice to the persons served that they may, within 20 days of the date the application was filed, file and serve memoranda in support of, or in opposition to, the application. (1) (b-1) Automatic revocation, Where a permit holder has been authorized to serve a point located in the United States regularly through two or more airports, failure to provide regularly scheduled foreign air transportation through one of those airports for 60 days shall automatically revoke any authorization to regularly use that airport. Regular service through the airport may be resumed only upon compliance with and pursuant to the procedures set forth in paragraph (a) of this section: Provided, however, That the following shall not be included in the 60-day period: (i) Nonuse of an airport for any period in which regularly scheduled service is offered through the airport on a flagstop basis; and (ii) periods during which a carrier has failed to regularly use an airport as a result of any of the conditions listed in § 205.8(a) of this chapter. (2) A carrier's suspension of service to a point located in the United States for 1 year, pursuant to a provision in its permit or pursuant to Board order, shall revoke any authorization to use an airport to serve that point. Regular service through the airport may be resumed only upon compliance with and pursuant to the procedures set forth in paragraph (a) of this section. (3) Within 30 days after the day a carrier's airport authorization is automatically revoked by the terms of this section, the carrier shall file with the Board a notice conspicuously entitled, "Termination of Service Notice," setting forth, as a minimum amount of information, the name of the airport and date of cessation of regular service. A recommended format of the Termination of Service Notice is set forth in Appendix C to this part. (c) Persons to be served. A copy of each airport notice or application for permission to use an airport, filed with the Board pursuant to this part by a permit holder, shall be served upon such persons as the Board may designate in a particular case, and shall be served upon the following persons in all cases: (1) The Postmaster General, marked for attention of Deputy Assistant Postmaster General for Logistics, Bureau of Operations, if the holder's permit authorizes the transportation of mail; (2) The Secretary of State, marked for attention of Director, Office of Aviation, Bureau of Economic Affairs; (3) The Secretary of the Treasury, marked for attention of Commissioner of Customs, Bureau of Customs; (4) Each scheduled foreign air carrier or scheduled air carrier which regularly renders service to or from the point intended to be served through the proposed airport; (5) The Federal Aviation Administration, marked for attention of Director of Airport Services; (6) The chief executive of any State, territory, or possession of the United States in which is located any point with respect to which an application or notice pursuant to this part has been filed: Provided, however, That if there be a State commission or agency having jurisdiction over transportation by air, the application or notice shall be served on such commission or agency rather than on the chief executive of the State; (7) The chief executive of the city, town, or other unit of local government at any such point located in the United States; and (8) The board, commission, manager, or other body or individual having direct supervision over and responsibility for the management of the airport being used to serve each such point. [ER-644, 35 F.R. 14382, Sept. 12, 1970, as amended by ER-668, 36 F.R. 2780, Feb. 10, 1971] § 213.5 Filing of schedules and applications for approval of schedules; filing and service of airport notices and applications for permission to use an airport; procedure thereon. (a) Number of copies and certificate of service. An original and three copies of each airport notice or each schedule, and an original and 19 copies of each application for permission to use an airport (§ 213.4(b)) or application for approval of schedules (§ 213.3(e)) shall be filed with the Board, each setting forth the names and addresses of the persons, if any, required to be served, and stating that service has been made on all such persons by personal service or by registered or certified mail (if the addressee is located within the United States, its territories and possessions) or by registered air mail (if the addressee is located outside the United States, its territories and possessions) and the date of such service. In the case of service by mail, the date of mailing shall be considered the date of service. Each copy of an airport notice or application for permission to use an airport served pursuant to this part shall state that such service is made pursuant to this part. (b) Pleadings by interested persons. Any interested person may file and serve upon the foreign air carrier a memorandum in opposition to, or in support of, schedules, airport notice or application for permission to use an airport or for approval of schedules within 15 days of the filing of the airport notice, within 20 days of the filing of the application for permission to use an airport, or within 10 days of the filing of schedules or applications for approval of schedules. In the case of an airport notice or application for permission to use an airport, memoranda in support of or in opposition thereto shall also be served on the persons described in § 213.4(c). All memoranda shall set forth in detail the reasons for the position therein taken. with a statement of economic data and other matters which it is desired that the Board shall officially notice, and affidavits stating such other facts as are relied upon. Memoranda filed pursuant to this paragraph shall contain a certificate of service in the form prescribed by paragraph (a) of this section. An executed original and three copies in the case of schedules or airport notices, 19 copies in the case of applications for permission to use an airport or approval of schedules, shall be filed with the Docket Section of the Board. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained. (c) Determination and petitions for reconsideration. The Board may make its determination upon the application and other pleadings or, in its discretion, after hearing. Interested persons seeking reconsideration of the Board's determination on an application for permission to use an airport or approval of schedules may file a petition pursuant to Rule 37 of Part 302 of this chapter within 10 days of Board action. Any interested person may file an answer in opposition to, or in support of, the petition within 10 days after it is filed. An executed original and 19 copies of such petition for reconsideration or memorandum shall be filed with the Docket Section. Petitions for reconsideration of the Board's determination on an application for permission to use an airport and answers thereto shall be served upon the relevant persons described in § 213.4 (c), the foreign air carrier, and any other persons who have filed pleadings in the proceeding. All petitions for reconsideration shall contain a certificate of service in the form prescribed by paragraph (a) of this section. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained. [ER-624, 35 F.R. 8881, June 9, 1970, as amended by ER-644, 35 F.R. 14382, Sept. 12, 1970] § 213.6 Compliance. Any violation by the foreign air carrier of applicable provisions of title IV of the Act or of orders, rules or regulations issued thereunder, or of the terms, conditions or limitations applicable to the exercise of the privileges granted by the permit shall constitute a failure to comply with the terms, conditions and limitations of such permit: Provided, That upon a showing that a violation of a provision not mandatorily prescribed by law resulted from the observance by the holder of an obligation, duty or liability imposed by a foreign country, the Board may excuse the violation. port is not already being used by an air carrier pursuant to Part 203 (14 CFR Part 203) or by a foreign air carrier pursuant to this part) Indicate whether waiver of 30-day provision is requested NOTICE: The regulations of the Civil Aeronautics Board provide that memoranda in support of or in opposition to this airport notice may be filed with the addressee above within 15 days of the date of filing hereof. Such memoranda shall be served on the applicant carrier and the persons on whom this notice has been served. (Signature) (Title) CERTIFICATE OF SERVICE I hereby certify that I have this day served (state manner of service) copies of this airport notice on the Postmaster General marked for the attention of the Deputy Assistant Postmaster General for Logistics, Bureau of Operations (if the holder's permit authorizes the transportation of mail); the Secretary of State, marked for the attention of Director, Office of Aviation, Bureau of Economic Affairs; the Secretary of the Treasury, marked for the attention of Commissioner of Customs, Bureau of Customs; the Federal Aviation Administration for the attention of the Director, Airport Services; the Mayor or Chief Executive of the cities of (address), and the Governor of the State of (address), (or the State commission or agency having jurisdiction of transportation by air within the State of (address)); the airport managers of the following airports (airport name and address); and the following scheduled foreign air carriers and scheduled air carriers: (name and address). (Signature) (Title) [ER-644, 35 F.R. 14384, Sept. 12, 1970, as amended by ER-668, 36 F.R. 2780, Feb. 10. 19711 APPENDIX C RECOMMENDED TERMINATION OF SERVICE To: Director, Bureau of Operating Rights, Re: Termination of Service Notice filed pursuant to Part 213 of economic regulations. DEAR SIR: Transmitted herewith are an original and three copies of this notice to advise that (foreign air carrier) will cease to provide service on--- 66-031 0-72- -6 78 Statements of charges. Sec. 214.36 Application for a charter. 214.37 Statement of Supporting Information. Subpart B-Provisions Relating to Single Entity Charters 214.39 Applicability of subpart. 214.40 Tariffs to be on file. 214.41 Terms of service. 214.42 Commissions paid to travel agents. 214.43 Statement of supporting information. Subpart C-Provisions Relating to Mixed Charters 214.50 Applicable rules. AUTHORITY: The provisions of this Part 214 issued under secs. 204(a), 402, 403, 404(b), 411, 72 Stat. 748, 757, 758 (as amended by 74 Stat. 445), 760, 769; 49 U.S.C. 1324, 1372, 1373, 1374, and 1381. SOURCE: The provisions of this Part 214 contained in ER-687, 36 F.R. 7455, Apr. 20, 1971, unless otherwise noted. (a) "Charter foreign air transportation of persons” means charter flights in air transportation performed pursuant to a permit which is issued under section 402 of the Act (other than permit expressly made subject to Part 212 of this chapter) and which authorizes the holder to engage in charter transportation only. (b) "Charter flight" means air transportation performed pursuant to § 214.7. (c) "Pro rata charter" means a charter the cost of which is divided among the passengers transported. (d) "Single entity charter" means a charter the cost of which is borne by the charterer and not by individual passengers, directly or indirectly. (e) "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. (f) "Person" means any individual, firm, association, partnership, or corporation. (g) "Travel agent" means any person engaged in the formation of groups for transportation, or in the solicitation or sale of transportation services. (h) "Charter group" means that body of individuals who shall actually participate in the charter flight. (1) "Charter organization" means that organization, group, or other entity from whose members (and their immediate families) a charter group is derived. (j) [Reserved] § 214.3 Waiver. A waiver of any of the provisions of this part may be granted by the Board upon the submission by a foreign air carrier of a written request therefor not less than 30 days prior to the flight to which it relates provided such waiver is in the public interest and it appears to the Board that special or unusual circumstances warrant a departure from the provisions set forth herein. Notwithstanding the foregoing, waiver applications filled less than 30 days prior to a flight may be accepted by the Board in emergency situations in which the circumstances warranting a waiver did not exist 30 days before the flight. § 214.4 Separability. If any provision of this part or the application thereof to any air transportation, person, class of persons, or circumstance is held invalid, neither the remainder of the part nor the application of such provision to other air transportation, persons, classes of persons, or circumstances shall be affected thereby. § 214.5 Reports of emergency commercial charters for other direct carriers. It shall be an express condition upon authority conferred in § 214.7 (a) (1) and (b) (1) that each foreign charter air carrier which performs an emergency charter transporting commercial passenger traffic for another direct carrier shall file a report with the Bureau of Operating Rights, within 30 days following each charter flight, containing the following information: (1) Name of direct carrier performing the charter and the name of the direct carrier for which the charter was performed; (2) Date of flight or flights; (3) Points of origin and destination, and intermediate points, if any; (4) Number of passengers 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-687, 36 FR. 7455, Apr. 20, 1971 as amended by ER-698, 36 F.R. 18787, Sept. 22, 1971] § 214.6 Record retention. (a) Every foreign air carrier operating pursuant to this part shall retain true copies of the following documents at its principal or general office for the following periods: (1) Every charter contract: 2 years; (2) All passenger manifests including those filed by charterers: 6 months; and (3) Proof of commission paid to any travel agent by the carrier: 2 years; (4) Every statement of supporting information: 2 years. (b) Each foreign air carrier operating pursuant to this part shall pursuant to Part 221 of this subchapter, maintain at its principal or general office a complete file of all tariffs issued by it and by its agents and those issued by other carriers in which it concurs. Each tariff shall be retained until 3 years after the expiration or cancellation thereof. (c) Each foreign air carrier operating pursuant to this part shall, pursuant to Part 223 of this subchapter, maintain for 3 years in its general offices a record of all passes issued by it and used for free or reduced-rate transportation over its routes. (d) Every foreign air carrier shall make the documents listed in this section available in the United States upon request by an authorized representative of the Board or the Federal Aviation Administration and shall permit such representative to make such notes and copies thereof as he deems appropriate. § 214.7 Charter flight limitations. Charter flights shall be limited to air transportation performed by a direct foreign air carrier on a time, mileage, or trip basis where (a) The entire capacity of one or more aircraft has been engaged for the movement of persons and their personal baggage: (1) By a person for his own use (including a direct air carrier or direct foreign air carrier when such aircraft is engaged solely for the transportation of company personnel and their personal baggage, or of commercial passenger traffic); EFFECTIVE DATE: The provisions of § 214.7 (a) (1) become effective Jan. 19, 1972. For the convenience of the user the old text, set forth below, is effective until Jan. 18, 1972. (1) By a person for his own use (including a direct air carrier or direct foreign air carrier when such aircraft is engaged solely for the transportation of company personnel and their personal baggage or, in case of emergency, of commercial passenger traffic: Provided, That emergency charters for commercial passenger traffic shall be reported in accordance with § 214.5); (2) By a representative (or representatives acting jointly) of a group for the use of such group (provided no such representative is professionally engaged in the formation of groups for transportation or in the solicitation or sale of transportation services); (3) By a study group charterer or foreign study group charterer as defined in Part 373 of this chapter; or (b) Less than the entire capacity of an aircraft has been engaged for the movement of persons and their personal baggage by two or more of the following persons: Provided, That such persons in the aggregate engage the entire capacity of the aircraft: (1) By a person for his own use (including a direct air carrier or direct foreign air carrier when such aircraft is engaged solely for the transportation of company personnel and their personal baggage, or in cases of emergency, of commercial passenger traffic: Provided, That emergency charters for commercial passenger traffic shall be reported in accordance with § 214.5); (2) By a person (no part of whose business is the formation of groups or the consolidation of shipments for transportation or the solicitation or sale of transportation services) for the transportation of a group of persons and their personal baggage, as agent or representative of such group; (3) By a study group charterer or foreign study group charterer as defined in Part 373 of this chapter: Provided, That paragraph (b) of this section shall not apply with respect to any foreign air carrier to the extent that its permit authorizes it to engage in "planeload” charter foreign air transportation of persons: Provided, further, That with respect to paragraph (b) of this section each person engaging less than the entire capacity of |