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Sec. 205.11 Institution of service after suspen

sion or postponement of inaugura

tion: notice to the Board 205.12 Strikes; report to be filed.

AUTHORITY: The provisions of this part 205 issued under sec. 204, sec 401, 72 Stat. 743, 754; 49 U.S.C. 1324, 1371.

SOURCE: The provisions of this Part 205 contained in ER-348, 27 F.R. 733, Jan. 25, 1962, unless otherwise noted. $ 205.1 Applicability.

(a) This part shall apply to all air carriers holding currently effective certificates of public convenience and necessity authorizing scheduled route service between designated points (hereinafter referred to as certificates) issued by the Board pursuant to section 401 of the Act with respect to:

(1) Inauguration of new service pursuant to certificate awards;

(2) Applications to the Board for authority to temporarily suspend service to or from any point named in a certificate or included in an approved service plan designating points which may be served in a general area named in such certificate;

(3) Notice to the Board when all service to or from a point, pursuant to a certificate, shall have been interrupted or inauguration delayed because of circumstances or events beyond the carrier's control as provided in $ 205.8(a); and

(4) Termination of suspension of seryice.

(b) Sections 205.2(a) and 205.10 shall not apply to the operations of certificated air carriers to or from points authorized for service in their certificates pursuant to section 401(e) of the Civil Aeronautics Act of 1938, 49 U.S.C. 481, but never regularly served. This part does not relieve any carriers from the obligation to file schedules pursuant to the requirements of Part 231 of this chapter. $ 205.2 Board authorization required

for delayed inauguration or tempo

rary suspensions of service. (a) Inauguration of service. Any service authorized by a certificate shall be inaugurated within 90 days after the effective date of the new or amended certificate unless the Board has fixed a longer period. If the recipient of a certificate award authorizing scheduled route service between designated points desires to postpone inauguration of service to any such point or points beyond

the 90-day period or such other period as the Board may have fixed, he shall, not later than 45 days prior to expiration of such period, file an application for postponement of the date of required inauguration of service.

(b) Temporary suspension of service. Service to or from any point, authorized in a certificate or included in an approved service plan, shall not be suspended by an air carrier except in accordance with the provisions of this part. § 205.3

Applications pursuant § 205.2. (a) The application shall contain a specific statement of the relief requested and of the facts relied upon to establish that there is good cause for the postponement of inauguration of service or that the temporary suspension of service is in the public interest, with a statement of economic data or other matters which it is desired that the Board officially notice.

(b) When temporary suspension of service in interstate or overseas transportation is sought on economic grounds, the application shall contain at least the following specific economic data:

(1) History of service, particularly schedules and equipment offered by the applicant for the past two years to and from the point;

(2) Applicant's most recent yearly traffic data for the point: total number of passengers originating and deplaning; and on-line or, if the applicant does not compile on-line data, on-flight origin and destination of such passengers for four representative months;

(3) Anticipated financial benefit to the applicant, with an explanation of the factors considered in reaching such conclusion;

(4) Services offered by other scheduled carriers to the point;

(5) When the applicant is the only carrier regularly serving the point, the nearest alternative air service, and available surface transportation, schedules and fares to alternative airports;

(6) Surface transportation to major markets from the point; and

(7) A factual statement of applicant's efforts to stimulate traffic through schedule experimentation, promotion and advertising, new equipment, or other means during past two years.

(c) The application shall also contain a list of the persons upon whom copies were served in accordance with

$ 205.5, and a statement that any in (5) The Postmaster General (marked terested person may file an answer in for the attention of the Assistant Postopposition to or in support of the appli master General Bureau of Transportacation within twenty (20) days after tion) if the applicant's certificate authe filing of the application. An ex thorizes the transportation of United ecuted original and 19 copies of such States mail to or from such point; application shall be filed with the Docket (6) In cases involving an application Section of the Civil Aeronautics Board, for suspension of service at a point loWashington, D.C., 20428. Applications cated in the United States or any poswhich are incomplete or which fail to session thereof, the manager or other incomply with the requirements of this dividual having direct supervision over part will be dismissed.

and responsibility for the management (ER 394, 28 F.R. 10195, Sept. 18, 1963)

of the airport being used to serve such & 205.4 Answers by interested persons.

point at the time the application is filed.

(b) Local service carriers shall serve Any interested person may file with such applications also on each certifithe Board and serve upon the applicant cated route air carrier which provides a written answer in opposition to or in or is authorized to provide nonstop servsupport of, an application made pursuant ice between points between which the apto § 205.3 within twenty (20) days of the plicant could provide nonstop service if filing thereof. Such answer shall set the application were granted. forth in detail the reasons why the post

8 205.6 Disposition. ponement of inauguration of service or temporary suspension of service should An order may be issued authorizing be denied or authorized, with a state such postponement or temporary susment of economic data and other matters pension for such term and upon such which it is desired that the Board shall conditions as the Board may find to be officially notice. An executed original in the public interest. Where the public and 19 copies of such answer shall be interest so requires, the Board may act filed with the Docket Section. Unless on applications without waiting for anordered by the Board upon application swers thereto. or upon its own motion, further plead

$ 205.7 Petition for reconsideration. ings will not be entertained.

A petition for reconsideration of the $ 205.5 Service.

Board's determination under $ 205.6 may (a) A copy of each application made

be filed by any interested person within and each answer addressed thereto pur

twenty (20) days after the date of serysuant to $ $ 205.3 and 205.4 shall be

ice thereof. Except for the time of filing, served personally or by registered or cer

such petitions shall conform to the protified mail upon such persons as the

visions of $ 302.37 of this chapter. Any Board may designate in a particular interested person may file an answer in case, and shall be served upon the fol

opposition to, or in support of, the petilowing persons in all cases:

tion within ten (10) days after it is filed. (1) Each certificated route air car

An executed original and 19 copies of rier which serves any point for which

such petition for reconsideration or anpostponement of inauguration or sus

swer shall be filed with the Docket Secpension of service is sought, or its des

tion, and copies thereof shall be served ignated agent.

upon the persons described in § 205.5, the (2) The chief executive of the city, applicant and any person who filed an town or other unit or local government

answer in opposition to the original at any such point located in the United

application. States or any possession thereof;

§ 205.8 Automatic suspension authority (3) The State commission or agency for involuntary postponement of having jurisdiction of transportation by

inauguration or involuntary interair in the State wherein any such point

ruption of service. is located, or if there is no such commission or agency, the chief executive of

(a) The holder of a certificate shall such State;

not be required to file an application (4) The Secretary of State (marked under $ 205.2 if the postponement of infor the attention of Chief, Aviation Divi auguration of new service or interrupsion) if such point is not located in the tion of service to or from a point named United States or any possession thereof; in a certificate, or included in the hold

er's approved service plan is caused by conditions or events which the holder cannot reasonably be expected to foresee or control, such as rules, standards or other action or inaction of the Administrator of the Federal Aviation Agency or of a foreign government, emergency measures, strikes, weather conditions, construction work on airports, or disasters: Provided, That the provisions of this paragraph shall apply to interruptions due to airport inadequacies only if the holder is unable to serve the certificated point through any airport convenient thereto with the type of equipment last regularly used to serve such point.

(b) In the case of delayed inauguration or an interruption of service caused by a strike, the holder shall give immediate notice of such interruption to the Board (marked for the attention of the Chief, Routes and Agreements Division, Bureau of Economic Regulation).

(c) If service at a point is interrupted or inauguration delayed for more than three (3) consecutive days for reasons beyond the certificate holder's control other than a strike, the holder shall give notice to the Board (marked for the attention of Chief, Routes and Agreements Division, Bureau of Economic Regulation) within three (3) days following the date of required inauguration of service or suspension, setting forth the date of suspension, the actual or estimated duration of delay of service or suspension, and a full and complete statement of the reasons therefor.

NOTE: See also the reporting requirements of § 241.24 of this chapter, Schedule P-2(d) of Part 241 of the Board's regulations. $ 205.9 Re-examination of suspension

authority. Authority to postpone inauguration or to suspend service, granted pursuant to § 205.6 or § 205.8, may be modified, conditioned or terminated by the Board at any time upon notice but without hearing where the public interest so requires. $ 205.10 Effect of failure to provide

service. In the absence of circumstances excusing involuntary postponement or suspension of service ($ 205.8), if for a period of ninety (90) days (or such longer specific period as may have been designated by the Board) any service authorized by a certificate has not been inaugurated, or if for a period of 90 days such

a service has not been operated, the Board may direct the carrier to inaugurate or resume service or may, as authorized by section 401(f) of the Act, by order entered after notice and hearing, direct that the holder's certificate shall cease to be effective to the extent of such service. $ 205.11 Institution of service after

suspension or postponement of in

auguration: notice to the Board. When service is inaugurated following · postponement of inauguration, or resumed following suspension under either express or automatic authority, immediate notice thereof shall be given to the Board (marked for attention of the Chief, Routes and Agreements Division, Bureau of Economic Regulation), stating the time when service was inaugurated or resumed. $ 205.12 Strikes; report to be filed.

Within fifteen (15) days following resumption of service after a strike an air carrier shall file a report with the Board (marked for the attention of the Chief, Routes and Agreements Division, Bureau of Economic Regulation) containing a list of all flights that were canceled, the 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. $ 206.1 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

124 F.R. 1860, Mar. 14, 1959.

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. (Sec. 204, sec. 416, 72 Stat. 743, 771; 49 U.S.C. 1324, 1386) (ER-261, 24 F.R. 1860, Mar. 14, 1959) 8 206.2 Omission of stop at route junc

tion 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 F.R. 95, Jan. 6, 1959)

PART 207-CHARTER TRIPS AND

SPECIAL SERVICES Sec. 207.1 Definitions. 207.2 Applicability of part. 207.3 Scope of authorization. 207.4 Tariffs to be filed for charter trips

and special services. 207.5 Limitation on amount of charter trips

which may be performed by com

bination carriers. bi 207.6 All-cargo carriers: limitation on

amount of charter trips which may

be performed. 207.7 Charter trips and other special serv

ices within the State of Alaska. 207.7a Restriction on frequency and regu

larity of off-route charter trips and

other special services. 207.8 Notice of proposed special services. 207.9 Passenger names and addresses.

AUTHORITY: The provisions of this part 207 issued under secs. 204, 401, 403, 407, 72 Stat. 743; 49 U.S.C. 1324, 1371, 1373, 1377.

SOURCE: The provisions of this part 207 contained in ER-419, 29 F.R. 13249, Sept. 24, 1964, unless otherwise noted. $ 207.1 Definitions.

As used in this part, unless the context 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 au

thorizes 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 trip” means air transportation performed by an air carrier holding a certificate of public convenience and necessity where the entire capacity of one or more aircraft has been engaged for the movement of persons and their baggage or for the movement of property, on a time, mileage or trip basis:

(1) By a person for his own use,

(2) By a person (no part of whose business is the formation of groups for transportation or the solicitation or sale of transportation ervices) for the transportation of a group of persons as agent or representative of such group.

(3) By two or more persons acting jointly for the transportation of such group of persons, or their property,

(4) By an air freight forwarder holding a currently effective letter of registration issued under Part 296 or Part 297 of this subchapter for the carriage of property in air transportation.

Within the meaning of this part, a charter trip shall not be deemed to include transportation services offered by an air carrier to individual members of the general public or performed by an air carrier under an arrangement with a person (other than an air freight forwarder defined in subparagraph (4) of this paragraph) who provides or offers to provide transportation to the general public or transportation services engaged by persons paying for such services an amount aggregating in excess of the transporting carrier's duly published charter rate or fare.

A charter trip shall not be deemed to include air transportation services offered by an air carrier under circumstances in which the services are advertised in mass media, whether or not the advertisement is addressed to members of a specific organization, and regardless of who places or pays for the advertising. Mass media shall be deemed to include radio and television, and newspapers and magazines. Advertising in such media as newsletters or periodicals of membership organizations, industrial plant newsletters, college radio stations and college newspapers shall not be considered advertising in mass media to the extent that

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(1) The advertising is placed in a except those performed for the Departmedium of commuication circulated ment of Defense which is not on-route. mainly to members of an organization "Point” means any airport or place that would be eligible to obtain charter where an aircraft may be landed or service, and

taken off, including the area within a (2) The advertising states that the 50-mile radius of such airport or place. charter is open only to members of the “Special services” are all services renorganization referred to in subparagraph dered in air transportation which are (1) of this paragraph, or only to mem authorized by section 401(f) of the act bers of a subgroup thereof. In this con by an air carrier holding a certificate text, a subgroup shall be any group with of public convenience and necessity membership drawn primarily from mem

other than (1) services rendered in air bers of the organization referred to in transportation over the route or routes subparagraph (1) of this paragraph: designated in its certificate(s), (2) Provided, That this paragraph shall not charter services as defined in this secbe construed as prohibiting air carrier

tion, and (3) services authorized by speadvertising which offers charter services cial exemption under section 416(b) of to bona fide organizations, without refer

the act. ence to a particular organization or

“Transatlantic charter trip" means flight.

a charter trip between points within the “Combination carrier" means an air

48 contiguous States of the United carrier holding a certificate of public States, on the one hand, and points in convenience and necessity issued pur

Greenland, Iceland, the Azores, Europe, suant to section 401(d) (1) or (2) which Africa, or Asia, as far east as (and inauthorizes the carriage of persons, prop

cluding) India, on the other hand. erty and mail or persons and property

“Transpacific charter trip” means a only.

charter trip between points within any “Hawaiian charter trip” means a char

State of the United States, on the one ter trip between points within the 48 hand, and points in Australasia (includcontiguous states of the United States, ing Australia, New Zealand, Polynesia, on the one hand, and points in the State Micronesia, and Melanesia), Indonesia, of Hawaii, on the other hand.

or Asia as far west as longitude 70 de"Mixed charter" means a charter trip grees east, on the other hand. in which passengers and cargo are car (ER-419, 29 F.R. 13249, Sept. 24, 1964 as ried on the same flight.

amended by E.R.-428, 30 F.R. 2655, Mar. 2, "On-route” shall refer to service per 1965; ER-443, 30 F.R. 11382, Sept. 8, 1965] formed by an air carrier between points

207.2 Applicability of part. between which said carrier is authorized to provide service pursuant to either its This part shall apply to all air carcertificate of public convenience and

riers (other than Alaskan air carriers necessity or exemption authority: Pro

and air carriers certificated for supplevided, however, That passenger charter

mental air service) who hold currently trips by any all-cargo carrier are not

effective certificates of public convenconsidered to be on-route whether or

ience and necessity issued by the Board not they are performed between points pursuant to section 401 of the act. designated to receive service by such car

§ 207.3 Scope of authorization. rier in its certificate of public convenience and necessity, except that in the

Charter trips and other special servevent services are performed pursuant

ices may be performed by air carriers, to a contract with the Department of De

subject, however, to the limitations and fense or an agency thereof, by an all

regulations set forth in the part. Apart cargo carrier between points designated

from such trips and services, an air to receive service by such carrier in its

carrier shall not perform any air transcertificate of public convenience and ne

portation except in conformity with its cessity which (1) involves cargo trans

certificate of public convenience and portation in one direction and passenger

necessity or with a special or general transportation in the other direction or

exemption issued by the Board. (2) involves a mixed charter, the pas 8 207.4 Tariffs to be filed for charter senger charter leg or the mileage op

trips and special services. erated in the mixed charter, as the case No air carrier shall perform any charmay be, will be considered on-route. ter trips or other special services unless Off-route" shall refer to any charter such air carrier shall have on file with

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