of each sheet shall have a left margin at least 1-inch wide, and the reverse side of each sheet shall be left blank. [ER-449, 30 F.R. 14972, Dec. 3, 1965]

§ 231.3 Title page.

The first page of a general schedule shall be designated as a title page and include the following:

(a) Name of carrier,

(b) The general schedule number, (c) A brief description of the contents, (d) The date of issue,

(e) An effective date, and

(f) The issuing officer's name and address.

[ER-146, 14 F.R. 3536, June 29, 1949] § 231.4 Schedule pages.

(a) All pages following the title page shall be consecutively numbered and known as schedule pages. The name of the air carrier shall appear at the top of each schedule page, the page number in the upper right-hand corner, and the general schedule number in the upper left-hand corner. At the bottom of each schedule page shall appear its date of issue and effective date.

(b) Each schedule page shall indicate the route number, if any, and the terminal and intermediate points served by the schedules appearing on the page, shall show the time of arrival and departure of each schedule at such points, and the types of equipment operated on each schedule. Each schedule shall be assigned a trip or flight number. Each schedule shall contain an explanation of all symbols used thereon.

[ER-146, 14 F.R. 3536, June 29, 1949] § 231.5 Additions and changes.

(a) An additional schedule may be added to a general schedule either by filing a new schedule page or by revising an existing schedule page. A change in a schedule page to show the addition of a new schedule or to show a change in an existing schedule shall be effected by reproducing the entire page. Such changed schedule page shall be designated a revised page and shall cancel the former page; for example:

1st revised page 1, cancels original page 1.

(b) Any change in an existing schedule on which mail is being transported shall be filed with the Board at least 10 days prior to the effective date of such change: Provided, however, That any change in schedule, or the addition of a

new schedule, required by an order of the Postmaster General under section 405 (b) of the act shall be filed with the Board by the air carrier on or before the effective date of such order: And provided further, That if the Board postpones the effective date of any such order pursuant to section 405 (b) of the act, the air carrier shall revise its general schedule to conform to the action taken on such order by the Board and shall make such revision as promptly as possible, but not more than 10 days after the effective date of such order.

NOTE: For related provisions applicable to Alaskan Air Carriers, see § 292.4 of this subchapter.

(c) Any change in a nonmail schedule, or the addition of a new nonmail schedule, shall be filed with the Board on or before the effective date thereof.

(d) Each filing made pursuant to this section shall be accompanied by a summary sheet of all additions and changes, furnishing under appropriate reference to schedule pages and flight numbers, all pertinent data concerning time, equipment, and service changes. The term "service changes" means such changes as inauguration of new service, stops added or deleted, nonstop service between points not previously receiving such service, new airports, service suspensions and frequency changes. Carriers may summarize time changes of 1 hour or less by stating, in applicable situations, in the summary sheet that, "the only time changes involved in flights Nos. * are minor time changes of 1 hour or less." It shall not be necessary to show in the summary sheet any time changes which are occasioned only by the beginning and ending of daylight saving time. Where any schedule addition or change of any kind involves interchange services and is subject to prior Board approval, the summary sheet shall plainly state that fact. Such statement shall not in any way relieve the carrier of its obligation to apply for and obtain prior Board approval for such schedule addition or change.

**

*

[ER-146, 14 F.R. 3536, June 29, 1949, as amended by ER-449, 30 F.R. 14972, Dec. 3, 1965]

§ 231.6 Number of copies; filing address.

Each air carrier shall transmit to the Board three copies of each general schedule or revised page thereof, and three copies of the summary of additions and changes required by § 231.5, accompanied

The

by a letter of transmittal (in duplicate if a receipt is desired) listing the general schedule or revised pages and summary that are transmitted for filing. letter of transmittal and listed enclosures shall be included in one package addressed to:

Civil Aeronautics Board, Office of the Secretary, Washington, D.C., 20428. [ER-449, 30 F.R. 14972, Dec. 3, 1965] § 231.7 Effect of filing.

The filing of a schedule, or a new or revised schedule page, with the Civil Aeronautics Board, shall not relieve an air carrier of requirements made by any other governmental instrumentality, as to filing or reporting.

[ER-146, 14 F.R. 3537, June 29, 1949]

Sec. 232.1 232.2 232.3

Application for review.

Form and contents of application.
Serving copies of application.

AUTHORITY: The provisions of this Part 232 issued under secs. 204, 405, 72 Stat. 743, 760; 49 U.S.C. 1324, 1375.

SOURCE: The provisions of this Part 232 contained in ER-146, 14 F.R. 3537, June 29, 1949, unless otherwise noted.

§ 232.1 Application for review.

Any person who would be aggrieved by an order of the Postmaster General issued under and within the meaning of section 405(e) of the act may, within not more than 10 days after the issuance of such order, apply to the Board for a review thereof. An application filed hereunder shall be deemed to have been filed on the date on which it is actually received by the Board at its offices in Washington, D. C.

§ 232.2 Form and contents of application.

(a) An application filed under this part may be made in writing or by telegram. An application in writing shall be conspicuously entitled Application for a Review of Order of the Postmaster General Issued under section 405 (e) of the Civil Aeronautics Act, shall specify the schedule affected and identify the order complained of, and shall specify the manner in which the applicant is or would be aggrieved by the order, the relief sought, and the facts relied

upon to establish that the public convenience and necessity require that such order be amended, revised, suspended, or canceled by the Board. The execution, number of copies, and verification of a written application filed under this part, and the formal specifications of papers included in such application shall be in accordance with the requirements of the Rules of Practice relating to applications generally (see Part 302 of this chapter).

(b) If the application for a review is made by telegram, such telegram shall succinctly state the substance of the matters to be set forth in the written application, and shall be confirmed and followed by an application in writing. § 232.3 Serving copies of application.

At the time a written or telegraphic application is filed under this part a copy thereof shall be served by personal service or registered mail upon the Postmaster General and upon the air carrier operating or ordered to operate the mail schedule in question. Each copy so served shall be accompanied by a letter of transmittal stating that such service is being made pursuant to this section.

(b) The Deputy Postmaster General. (c) The Executive Assistant to the Postmaster General; the two (2) Special Assistants to the Postmaster General; the Executive Assistant to the Deputy Postmaster General; and the Director, Office of Regional Administration.

(d) The Assistant Postmaster General-Operations; the Assistant Postmaster General-Transportation and International Services; the Assistant Postmaster General-Finance and Administration; the Assistant Postmaster General-Facilities; the Assistant Postmaster General-Personnel; and the respective Deputies of the foregoing Assistant Postmasters General.

(e) The Chief Postal Inspector; the Deputy Chief Postal Inspector; the General Counsel; the Deputy General Counsel; and the Director of the Office of Research and Engineering and his Deputy.

(f) The Director, Distribution and Routing Division; the Director, Air Transportation Branch; the Director, International Service Division, Bureau of Transportation and International Services; the Regional Director in each of the fifteen Postal Regions; the fifteen (15) Postal Inspectors-in-Charge; and the Field Service Officers in Alaska.

(g) Any inspector of the Post Office Department, other than a Postal Inspector-in-Charge.

(h) Any additional agent or officer of the Post Office Department designated by the Postmaster General.

as

[ER-213, 21 F.R. 8422, Nov. 3, 1956, amended by ER-249, 24 F.R. 456, Jan. 20, 1959; ER-442, 30 F.R. 10949, Aug. 24, 1965] § 233.2 Credentials and requests for free carriage.

(a) Any person described in § 233.1 (a) to (f) shall be deemed to be duly accredited upon presentation to an air carrier of a certificate of the Postmaster General that the bearer is one of the persons so described and is entitled to free air transportation when traveling on official business relating to the transportation of mail by aircraft, and bearing the signature of the person so described.

(b) Any person described in § 233.1 (g) and (h) shall be deemed to be duly accredited upon presentation of proper credentials evidencing that he is an inspector, officer, employee, or agent of the Post Office Department, and upon presentation of a "Request for Access to Aircraft or Free Transportation" on U. S.

Government Standard Form No. 160, executed in duplicate, stating (1) the points from and to which the person desires free air transportation, and (2) the official position of such traveler and that such travel is on official business relating to the transportation of mail by aircraft. § 233.3 Requests to be filed.

Each air carrier shall insert the tariff value of the transportation to be furnished on each "Request for Access to Aircraft or Free Transportation", shall retain one copy of such request, and on or before the 10th day of each month shall forward one copy of all such requests accepted by it during the second preceding calendar month to the Secretary of the Civil Aeronautics Board, Washington 25, D.C.

§ 233.4 Issuance of

credentials and transportation request forms by Post Office Department.

With regard to free air travel by the persons described in § 233.1, the Postmaster General shall be responsible for: (a) The issuance of proper credentials for its eligible personnel and (b) the authorization of travel by such persons, subject to such rules and regulations as he may prescribe.

NOTE: The reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

PART 234-FLIGHT SCHEDULES OF CERTIFICATED AIR CARRIERS; REALISTIC SCHEDULING REQUIRED

Sec.

234.1 Definitions. 234.2 Applicability. 234.3

234.4 234.5

Prohibition of unrealistic scheduling and requirement of elapsed time

performance.

Violation of this part.

Requirement that published schedules conform to filed schedules.

234.6 Rule of construction. 234.7 Separability.

234.8 Reporting of schedule arrival performance.

AUTHORITY: The provisions of this Part 234 issued under secs. 204, 404, 405, 411, 72 Stat. 743, 760, 769; 49 U.S.C. 1324, 1374, 1375, 1381, unless otherwise noted.

SOURCE: The provisions of this Part 234 contained in ER-223, 22 F.R. 6756, Aug. 22, 1957, unless otherwise noted.

For the purposes of this part:

(a) "Schedule" means any part of the "general schedule" on file with the Board, pursuant to Part 231 of this chapter.

(b) "Scheduled flight" means any trip periodically operated between terminal points which is separately designated (by flight number or otherwise) in the schedules of the air carrier. (c) "All-cargo flight" means scheduled flight which carries property and does not carry revenue passengers or United States mail.

any

(d) "Scheduled time flight" means a scheduled flight which is completed within the block-to-block time allowed in the schedule, plus 15 minutes, excluding from consideration the on-the-ground time provided in the schedule or actually experienced at the intermediate points, if any, of such scheduled flight.

$234.2 Applicability.

This part applies to any route air carrier certificated pursuant to section 401(d) (1) or (2) of the Federal Aviation Act insofar as it is engaged in air transportation, other than helicopter service or community center or inter-airport service, within or among any of the 48 mainland States of the United States and the District of Columbia with respect to all flights, other than all-cargo flights, scheduled and performed in such transportation: Provided, That the provisions of § 234.8 shall apply also to such air transportation by route air carriers between any point in Hawaii or Alaska and any point in any of the 48 mainland States or the District of Columbia. This part does not apply to supplemental air carriers or to intra-Hawaiian or intraAlaskan air transportation.

[ER-337, 26 F.R. 9206, Sept. 30, 1961] § 234.3 Prohibition of unrealistic scheduling and requirement elapsed time performance.

of

All flight schedules filed with the Board or published for the guidance of the traveling public shall be designed So as to enable each air carrier subject to this part to safely perform as scheduled time flights (in accordance with all applicable legal requirements of the Federal Government), a minimum of 75 percent of all trips actually flown pursuant to each scheduled flight during any three-month period. Each air carrier subject to this part shall perform as scheduled time flights a mini

mum of 75 percent of all trips actually flown pursuant to each such scheduled flight during any three-month period. § 234.4 Violation of this part.

Where it is shown that an air carrier subject to this part failed to perform as scheduled time flights a minimum of 75 percent of the trips actually flown pursuant to each scheduled flight in any three calendar months, such failure shall constitute a violation of this part, unless such carrier shows that its performance during such period was due to conditions which are not subject to its control and also could not have been anticipated in the exercise of reasonable prudence.

§ 234.5 Requirement

that

published

schedules conform to filed schedules.

No air carrier subject to this part shall publish any statement of aircraft regularly operated between points duly authorized to be served which sets forth the time of arrival and departure at each such point or any other information concerning such service unless such information is identical in all regards, with that contained in the schedules filed pursuant to Part 231 of this chapter. This prohibition shall apply to statements included in a system time table, the Official Airline Guide, or any other document available to the general public. § 234.6 Rule of construction.

This part shall not be construed as authorizing schedules so slow as to constitute inadequate service or uneconomical or inefficient management, or to discourage the filing of shorter schedules which are reasonably expected to be realistic.

§ 234.7 Separability.

If any provision of this part or the application thereof to any air transportation, person, class of person, or circumstance is held invalid, the remainder of the part and the application of such provisions to other air transportation, persons, classes of persons or circumstances shall not be affected thereby. § 234.8 Reporting of schedule arrival performance.

(a) Each certificated route air carrier scheduling nonstop passenger flights between any of the 100 top-ranking pairs of points in terms of revenue-passenger volume as prescribed in paragraph (b) of this section, and between the States

1

of Hawaii or Alaska on the one hand and points in the 48 contiguous States, on the other hand, with a passenger volume greater than the 100th ranked pair in such list, shall, with respect to any such flights for each month, file in duplicate with the Board a "Monthly Report of Schedule Arrival Performance on Designated Passenger Flights", CAB Form 438 (Rev. 12-64): Provided, That such report shall not be required with respect to flights between any pair of points which are less than 200 miles apart. The same information may be submitted on any comparable form prepared on automatic data processing equipment. Such substitute form shall be subject to Board approval and shall also be submitted in duplicate and contain the same column headings arranged in the same sequence as CAB Form 438. During any period that a carrier's obligation to provide service between a pair of points is suspended by the Board, the report need not be filed for such pair of points. The report shall be filed within 45 days of the end of the month which it covers and shall be certified to be correct by a responsible officer of the reporting carrier.

(b) The pairs of points on which reports are to be filed are shown in the "List of City Pairs for Use in Reporting on CAB Form 438" issued by the Board. The list is compiled from the current issues of the Board's Domestic OriginDestination Survey of Airline Passenger Traffic and International Origin-Destination Survey of U.S. Flag Airline Passenger Traffic. Whenever the Survey shows a change in the 100 top-ranking pairs the Board will issue a revised reporting list indicating the date on which it is to become effective.

(c) The reports required under this section shall contain the following information:

(1) The airport-to-airport codes;

(2) The flight identification number; (3) The number of times each flight was scheduled under such flight identification number;

(4) The number of such flights cancelled;

(5) The number of time each scheduled flight arrived at destination on time or within 15 minutes thereof;

1 CAB Form 438 (Rev. 12-64) is filed as part of the original document and can be obtained from the Publications Section, Civil Aeronautics Board, Washington, D.C., 20428.

(6) The number of times each scheduled flight arrived at destination over 15 minutes late;

(7) The total number of scheduled flights performed.

(d) Each certificated air carrier scheduling passenger flights which are within the purview of this section shall establish all records needed in order to accomplish full compliance with the reporting requirements hereof and shall preserve such records in accordance with the provisions of § 249.13(f) and Schedule of Records, category 301 of Part 249 of this subchapter.

(Secs. 102(d), 407(a), 72 Stat. 740, 760; 49 U.S.C. 1302, 1377; sec. 3, 60 Stat. 238; 5 U.S.C. 1002) [ER-416, 29 F.R. 14718, Oct. 29, 1964]

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 235-REINVESTMENT OF GAINS DERIVED FROM THE SALE OR OTHER DISPOSITION OF FLIGHT EQUIPMENT

Sec.

235.1 Definitions.

235.2

235.3

Eligibility for benefits of section 406(d).

Reinvestment of gains.

235.4 Notice to Board. 235.5 Re-equipment fund.

AUTHORITY: The provisions of this Part 235 issued under secs. 204, 406, 72 Stat. 743; 49 U.S.C. 1324, 1376.

SOURCE: The provisions of this Part 235 contained in ER-276, 24 F.R. 5602, July 11, 1956, unless otherwise noted.

§ 235.1 Definitions.

For the purpose of this part:

(a) "Applicable expenses" means all direct and indirect expenses attributable to the offering, preparation or presentation of the flight equipment for sale or delivery, including but not limited to: (1) Advertising expense;

(2) Broker's and saleman's expense and commissions;

(3) Packaging expense and other costs incident to preparation for shipment;

(4) Reconditioning, refurnishing, painting and other similar expenses;

(5) Transportation and shipping expenses;

(6) Overhaul expense;

(7) Legal fees and other administrative expenses.