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$ 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 seryices 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.

(3) All other materials, at the rate of $6.00 per hour.

(4) A minimum charge of $1.00 will be made for these services. 8 389.6 Certification of copies of docu

ments. 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

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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 ollege 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.

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Weekly calendar of prehearing con

ferences, hearings, and arguments Weekly digest of applications filed

and/or amendments thereto.. Economic opinions..-Weekly summary of orders and regu

lations. All economic orders and opinions... Weekly list of agreements filed under

sec. 412(a), FA Act... Prehearing conference reports Examiners' recommended or initial

decisions. Letters to mayors (semiannual) Local service air carrier unit costs

(semiannual). Route maps (set of seven) (annually). Air carrier traffic statistics (monthly). Air carrier financial statistics (quar

terly) Air carrier analytical charts and sum

maries (quarterly). Aircraft accident reportsStatistical review and resume of air

carrier accidents (annually). General aviation accidents, a statisti

cal review (annually) Safety enforcement opinions and or

ders. Summary reports of accidents, U.S.

civil aviation (twice monthly). Briefs of accidents, U.S. general avia

tion (monthly). Notices of proposed rulemakingIssuances in individual economic pro



. 50 10.00

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Subpart A-Applicability and Effect of Policy

Statements Sec. 399.1 Applicability. 399.2 Exclusions. 399.3 Statements in other Board docu

ments. 399.4 Nature and effect of policy state

ments. 399.5 Arrangement of policy statements.

Sec. 399.12 Negotiation by air carriers for land

ing rights in foreign countries. 399.13 Standard provisions in foreign air

carrier permits. 399.14 Issuance of foreign air carrier per

mits for Canadian transborder op

erations in small aircraft. 399.15 Processing of applications of foreign

air carriers, pursuant to Part 212 of this chapter, for Statements of Authorization to conduct off-route

charter trips. 399.16 Military exemptions. 399.17 Public interest factors in granting

special orders or amendments to interim operating authority for transatlantic passenger charter

service. 399.18 Maximum duration of fixed-term

route authorization granted by exemption; renewal of such au

thority. 399.19 Wet leases to foreign air carriers.

Subpart B-Policies Relating to Operating

Authority 399.10 Local service carrier certificates to in

dicate nature of operations specif

ically. 399.11 “Use it or lose it” policy for subsi

dized local service carriers.

1 Redesignated, 26 F.R. 12243, Dec. 22, 1961.

Subpart C—Policies Relating to Rates and Tariffs Sec. 399.30 Temporary subsidy rates. 399.31 Rate policy applicable to nonsub

sidized 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 Alled

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 GPolicies 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 aff

liation between carriers.

of the public will be published in this part, except as provided in § 399.2. § 399.2 Exclusions.

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, 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


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

ated by Congress in the Act, the published policy shall not be applicable to such matter. $ 399.5 Arrangement of policy state


The statements of general policy relating to the various duties and functions of the Board are grouped according to subject matter in the following subparts; the titles of the subparts indicate the general subject matter included therein. Subpart B-Policies Relating to

Operating Authority $ 399.10 Local service carrier certifi.

cates to indicate nature of opera.

tions specifically. It is the policy of the Board to include a provision in the certificates of all local service air carriers to make it clear that their operations are definitely local air transportation, as distinguished from the service rendered by scheduled trunkline air carriers. The language that will be included is substantially as follows:

This certificate is issued pursuant to a determination of policy by the Civil Aeronautics Board that, in the discharge of its obligation to encourage and develop air transportation under the Federal Aviation Act of 1958, as amended, it is in the public interest to establish certain air carriers who will be primarily engaged in short-haul air transportation as distinguished from the service rendered by scheduled trunkline air carriers. In accepting the certificate, the holder acknowledges and agrees that the primary purpose of the certificate is to authorize and require it to offer short-haul air transportation services of the character described above. § 399.11 “Use it or lose it” policy for

subsidized local service carriers. (a) Expansion of local carrier services. Consistent with the Board's basic policy of affording the advantages of air transportation to as many persons as practicable, the Board has substantially expanded the services of subsidized local carriers and has given many small cities, with marginal or unknown traffic potentialities, a chance to demonstrate that they will use and can support new or improved air services adapted to their specific needs. The Board expects the cities awarded local air service to make a determined effort to generate the traffic forecast in the certification proceedings. Unless adequate use is made of

subsidized air services, the cost to the Government is not justified and the Board should terminate the authorization.

(b) Minimum traffic standard for newly certificated cities. It is the policy of the Board to make an early and critical evaluation of the traffic results of new authorizations to determine whether newly certificated cities are making sufficient use of authorized services or should lose such services for lack of use. Under this “use it or lose it" policy, the Board will require each city to originate an average of five or more passengers per day during the 12-month period following the initial 6 months of operations. If a city is certificated on more than one segment, the five-passenger standard will be applied to each segment. If a city fails to meet this minimum traffic standard, the Board will, in the absence of unusua. or compelling circumstances, institute a formal investigation to determine whether service should be suspended or terminated. A city generating the bare traffic minimum during this trial period cannot safely assume that continued service is assured; the Board expects most cities to exceed the minimum requirements.

(c) Minimum traffic standard for newly certificated route segments. The Board will also evaluate the traffic results of each new route segment for the same 12-month period, following the initial six months of operations, to determine whether segments that do not adequately respond to air services should be suspended or deleted in whole or in part. If the passenger load per flight serving a segment averages less than five passengers, the Board will institute formal proceedings to delete the segment. If the passenger load per flight averages between five and seven passengers, the Board will institute proceedings to determine whether the segment should be suspended or deleted unless unusual circumstances, such as extreme isolation or national defense needs, dictate otherwise.

(d) Continued use of local carrier services. In evaluating the continuing need for air service at any point or on any route segment served by a local service carrier, the Board will use the minimum traffic standard of five passengers as a guide line, regardless of the type or duration of an authorization. The Board will require the local service carriers to

make appropriate periodic reports of trafic results. Air carrier management is expected to suggest route or authorization modifications as soon as deficiencies in service become apparent. When a city or route segment fails to make continued use of subsidized services, the carrier is free, and is encouraged, to apply for suspension of service in advance of a Board proceeding to terminate the certification. The failure of a local service carrier to exercise vigilance in this regard may, in fact, reflect upon the economy and efficiency of management in proceedings to determine subsidy needs under section 406 of the Act. § 399.12 Negotiation by air carriers for

landing rights in foreign countries. (a) It is the policy of the Board (jointly with the Department of State) that, as a general rule, landing rights abroad for United States flag air carriers 'will be acquired through negotiation by the United States Government with foreign governments rather than by direct negotiation between an air carrier and a foreign government.

(b) It is corollary to the foregoing policy that no United States air carrier may avail itself of representations by one foreign government to further its interest with another foreign government, especially with respect to landing rights, except insofar as such representations have been specifically authorized by the United States Government. § 399.13 Standard provisions in foreign

air carrier permits. It is the policy of the Board that permits issued to foreign air carriers shall provide:

(a) That the permit shall be subject to all applicable provisions of any treaty, convention, or agreement affecting international air transportation now in effect, or that may become effective during the period the permit remains in effect, to which the United States and the foreign government concerned are parties;

(b) That, by accepting the permit, the holder waives any right it may possess to assert any defense of sovereign immunity from suit in any action or proceeding in any court or other tribunal in the United States based on claims arising out of its operations under the permit.

§ 399.14 Issuance of foreign air carrier

permits for Canadian tranxborder

operations in small aircraft. It is the policy of the Board, in accordance with a reciprocal understanding with the Air Transport Board of Canada published March 13, 1952, to facilitate so far as possible under existing law the issuance of foreign air carrier permits to Canadian operators of small aircraft for irregular transborder operations in common carriage. Authorizations granted under this procedure will be only for service of a casual, occasional, and infrequent nature and will be limited to five years' duration. Where requested, permission will customarily be granted, if statutory standards are met, to serve more than one point in the United States on the same flight, provided that no cabotage traffic is carried. § 399.15 Processing of applications of

foreign air carriers, pursuant to Part 212 of this chapter, for Statements of Authorization to conduct off-route

charter trips. (a) General. This policy prescribes the general standards which will be used by the Board in processing applications of foreign air carriers for Statements of Authorization to conduct off-route charter trips. Since a determination of the public interest requires consideration of all the standards set forth in the Act, this policy does not purport to cover every matter that may be taken into account by the Board in passing upon such applications. For similar reasons, the Board reserves the right to depart from the provisions of this policy when there is a showing of exceptional circumstances and the Board finds that strict adherence to the detailed standards of the policy in a particular situation would not be in the public interest. However, in the absence of such a showing, any practice by a foreign air carrier, travel agent, or chartering group in conflict with the standards of this policy will constitute sufficient basis for denying an application for a statement of authorization. With respect to those standards applicable to chartering organizations and to travel agents, the foreign air carrier should reasonably assure itself before conducting any charter that such standards have been observed by the chartering organization and any travel agent involved (e.g., require suitable written

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