served by the Civil Aeronautics Board in discharging its duties and responsibilities in the event of a national emergency as defined in the following section.

§ 387.2

Emergency conditions, effective date and duration.

For purposes of this part, emergency conditions shall be deemed to commence at a time of official notification of an armed attack upon the United States, its territories and possessions, at the time of official notification of the likelihood or imminence of such attack, or at a time specified by authority of the President, whichever may first occur. The provisions of this part shall become operative as of the commencement of emergency conditions and shall continue until the Board, by notice and order, shall resume its normal organization and operations.

(b) All formal or informal requests for information, filings, reports, or other submittals to the Board, shall be addressed to Civil Aeronautics Board, Official Mail and Messenger Service, Washington, D.C., 20428, unless otherwise specified by authority of the Board. § 387.4 Organization and delegations of authority.

During emergency conditions:

(a) The respective functions and responsibilities of the Board, individual Board Members, and Board staff members, and the delegations of authority, shall to the extent possible, be as set forth in Public Notice PN-15 (26 F.R. 7231), or any subsequent Public Notice modifying its provisions, and the several parts of the Board's published regulations, unless otherwise modified or revoked by authority of the Chairman, Board, or other requirement of law.

(b) In the event less than three Members of the Board are capable of acting,

actions in the name and authority of the Board shall be taken by such acting Member or Members, whose authority shall mean and include the delegated authority to act for all other Members.

(c) In the event no Board Member is capable of acting, actions in the name and authority of the Board shall be taken by the following: The Executive Director; the Director, Bureau of Economics; the General Counsel; the Director, Bureau of Operating Rights; the Director, Bureau of Enforcement; and the Director, Bureau of Safety. If one or more of them cannot act, his or their deputies or staff in line of succession as provided in paragraph (g) of this section shall act. The authority of the above designees, or their successors, shall mean and include the delegated authority to act for the Board.

(d) The authority of the Chairman, in the event he is incapacitated or incapable of acting, shall be exercised by the Vice Chairman, and in the event he is unable to act, by the other Members of the Board in order of seniority; if any Board Member is unable to act as Chairman, then members of the Board's staff shall act as Chairman in the following order: The Executive Director; the Director, Bureau of Economics; the General Counsel; the Director, Bureau of Operating Rights; the Director; Bureau of Enforcement; the Director, Bureau of Safety; their respective deputies or staff in line of succession to the preceding staff members.

(e) Actions taken in the name and authority of the Board by less than the statutory quorum of its Members shall be effective immediately (or as specified by the Board order) but shall be subject to reconsideration by the Board within 30 days of the date upon which public notice is given that the Board has been reestablished and is functioning.

(f) If and when a Board Member, or staff member previously incapacitated or otherwise unavailable again because available, he shall thereupon have all the powers and functions he would have had if he had not been incapacitated or otherwise unavailable.

(g) Except as may be determined otherwise by the Chairman or his successor, the respective duties of the Executive Director shall be filled by the Assistant Executive Director or Assistant

§ 387.6

Personnel and fiscal functions. Subject to modification or revocation by authority of the Chairman or his successor, authority to effect temporary appointment of such additional officers and employees, to classify and allocate positions to their proper grades, to issue travel orders, and to effect emergency purchases of supplies, equipment, and services shall be exercised by the respective heads of offices and bureaus, their deputies or staff in line of succession, as may be required for the discharge of the lawful duties of the respective offices and bureaus. In the event the duly authorized Board certifying officers cannot act, then the Chairman or his successor, or employees designated by the Chairman

AUTHORITY: The provisions of this Part 389 issued under sec. 204, 72 Stat. 743; Title V, 65 Stat. 268; sec. 3, 60 Stat. 238; 49 U.S.C. 1324; 5 U.S.C. 140, 1002,

SOURCE: The provisions of this Part 389 contained in OR-16, 30 F.R. 15567, Dec. 17, 1965, unless otherwise noted.

§ 389.1 Policy and scope.

Pursuant to policies established by the Congress, the Government's costs for special services furnished to individuals or firms who request such services are to be recovered by the payment of fees (Title V of Independent Offices Appropriation Act of 1952; 5 U.S.C. 140). This regulation sets forth the special services made available by the Board and the fees therefor.

§ 389.2 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.

§ 389.3

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 copying documents and reporting services which are performed under competitive bid contracts with non-Government firms. Fees for the latter are payable to the firms providing the services. § 389.4 Fees for services.

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 therefore will be added to the basic fee.

§ 389.5 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 non-Government contractors, on request to the Board. The contractor will bill directly those who request such copies.

(b) To the extent that time can be made available, services involved in searching the records and files of the Board for documents to be copied and preparing such materials for copying will be charged for as follows:

(1) Tariffs and Form 41 schedules filed with the Board, at the rate of 25 cents per page. With reference to tariffs filed with the Board, this charge applies only to identifying, removing from the files for copying, and returning to files designated pages of tariffs; no substantive research as to contents of tariffs will be undertaken.

(2) Factual accident investigation reports, statements, photographs and other materials contained in the Board's accident investigation files, insofar as such materials are open to public inspection, at the rate of $2.00 for each accident involved. Payment of this fee shall accompany the request.

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:

(a) 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 § 389.5 (a) will be in addition to the charges specified in this section.

§ 389.7 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 § 389.3 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 proceeding 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 nonprofit 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 foreign country on a reciprocal basis.

§ 389.8 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-Policies Relating to Rates and Tariffs Sec.

399.30 Temporary subsidy rates.

399.31 Rate policy applicable to nonsubsidized carriers.

399.32 Rate policy applicable to subsidized carriers.

399.33 Domestic coach policy. 399.34 Free transportation on inaugural flights in overseas and foreign air transportation with "new type" aircraft.

399.35 Free or reduced-rate transportation of persons in foreign air transportation by United States flag air carriers.

399.36 Processing of tariff publications filled on notice of 45 days or longer. 399.37 Blocked space service.

Subpart D-Policies Relating to Accounts and Reports

399.50 Extensions of time for filing reports. 399.51 Confidential treatment of unaudited preliminary year-end reports. 399.52 Retroactive adjustments of expenses. Subpart E-Policies Relating to Hearing Matters 399.60 Standards for determining priorities of hearing.

399.61 Presentations of public and civic bodies in route proceedings.

Subpart F-Policies Relating to Aircraft Accident Investigations

399.70 Investigation of accidents involving foreign aircraft.

Subpart G-Policies Relating to Enforcement 399.80 Unfair and deceptive practices of ticket agents.

399.81 Deceptive practices in advertising of schedule performance. 399.82 Passing off of carrier identity by affiliation between carriers.

Subpart H-Other Policies Relating to Interests and Activities of Air Carriers

399.90 Non-transport activities of subsidized air carriers.

399.91

Air carrier participation in programs of technical assistance to airlines of less developed countries.

AUTHORITY: The provisions of this Part 399 issued under sec. 204, 72 Stat. 743; sec. 3, 60 Stat. 238; 49 U.S.C. 1324; 5 U.S.C. 1002, unless otherwise noted.

SOURCE: The provisions of this Part 399 contained in Policy Statement 21, 29 F.R. 1446, Jan. 29, 1964, unless otherwise noted.

Subpart A Applicability and Effect of Policy Statements

$399.1 Applicability.

All statements of general policy adopted by the Board for the guidance

The following types of policies are not included in this part:

(a) Policies relating solely to the internal management of the Board;

(b) Policies requiring secrecy in the public interest or in the interest of national defense;

(c) Policies that are repetitive of section 102 of the Act;

(d) Policies that are fully expressed in a procedural or substantive rule of the Board, or in any opinion, decision, order, certificate, permit, exemption, or waiver of the Board;

(e) Expressions of encouragement or admonition to industry to follow a certain course of action;

(f) Positions on legislative items and on other matters that are outside the scope of the Board's current statutory powers and duties.

§ 399.3 Statements in other Board doc

uments.

No statement contained in any Board opinion, decision, order, certificate, permit, exemption, or waiver shall be considered a statement of policy within the meaning of this part, even though such statements may constitute a precedent in future cases or declare future policy to be followed in like cases. Similarly, a denial by the Board or relief sought, or statements of the Board's reasons for failure to issue a rule upon which rule making proceedings have been commenced shall not be considered statements of policy, except to the extent that it is specifically stated that such denial or failure is based upon a policy thereafter to be followed.

§ 399.4 Nature and effect of policy

statements.

Policy statements published in this part will be observed by the Board until rescinded, but any policy may be amended from time to time as experience or changing conditions may require. Changes in policy may be made with or without advance notice to the public and will become effective upon publication in the FEDERAL REGISTER unless otherwise provided. If it appears to the Board, in its consideration of any matter before it, that the application of a policy published in this part would run counter to an express provision of law or policy enunci