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221.57 221.58 221.59

Currency.
Territorial application.
Airport to airport application, ac-

cessorial services,
Distance fares, rates, or charges.
Time fares, rates, or charges.
Rates may include transfer at in.

terchange points. Proportional fares or rates. Arbitraries. Fares or rates stated in percentages

of other fares or rates; other re

lationships prohibited. Conflicting or duplicating rates or

fares prohibited. Provisions for alternative use of or

precedence of rates or fares pro

hibited. Local or joint fares or rates take

precedence over aggregate of in

termediates. Applicable rate when no through

local or joint fares or rates. Charter rates and charges.

221.60

221.61

221.62

221.63

221.64

PART 221-CONSTRUCTION, PUBLI

CATION, FILING AND POSTING OF
TARIFFS OF AIR CARRIERS AND
FOREIGN AIR CARRIERS

Subpart A-General Sec. 221.1 Applicability of this part. 221.2 Board may direct reissue of publica

tions. 221.3 Carrier's duty. 221.4 Definitions. 221.5 English language. 221.6 Effective date for bringing existing

publications into compliance. 221.7 Unauthorized air transportation. Subpart B-Who Is Authorized To Issue and File

Tariffs 221.10 Carrier. 221.11 Agent. Subpart C—Form and Other Specifications of

Tariff Publications 221.20 Book or loose-leaf form. 221.21 Specifications applicable to all

tariff publications. 221.22 Specifications applicable only to

loose-leaf tariff publications. 221.23 Specifications applicable only to

book tariffs and supplements. 221.24 Statement offling with foreign

governments to be shown in air

carriers' tariff publications.

Subpart D-Contents of Tariff 221.30 Arrangement and nature of con

tents. 221.31

Title page. 221.32 Correction number check sheet

(loose-leaf tariff). 221.33 Table of contents. 221.34 List of participating carriers. 221.35 Explanations of abbreviations, ref

erence marks, and symbols. 221.36 Index of commodities (property

tariff). 221.37 Index of points. 221.38 Rules and regulations. 221.39 Classification ratings or exceptions

to governing classification ratings. 221.40 Statement of fares or rates for air

transportation. 221.41 Routing. Subpart E-Requirements Applicable to All

Statements of Fares or Rates 221.50 Clear and explicit statement; sys

tematic arrangement.

Subpart - Requirements Applicable Only to

Statements of Property Rates 221.70 Definite unit of rate. 221.71 Quantities on which rates apply. 221.72 Types of property rates (class, gen.

eral commodity, or specific com

modity) which may be published. 221.73 Class rates. 221.74 General commodity rates and ex

ception ratings thereto. 221.75 Specific commodity rates. 221.76 Precedence of authorized types of

rates. 221.77 Straight or mixed shipments. 221.80 Rate scale method of publishing

rates.

Subpart G-Governing Tariffs

221.100 When reference to governing tariits

permitted. 221.101 Contents of all governing tariffs. 221.102 Rules tariff. 221.103 Pick-up, delivery, and transfer

services. 221.104 Explosives and other dangerous or

restricted articles. 221.105 Classification tariff. 221.106 Mileage or distance guide. 221.107 Aircraft equipment tariff. 221.107a Credit plan tariff. 221.108 Other types of governing tariffs.

Subpart H—Amendment of Tariffs 221.110 Methods of amending tariffs. 221.111 Amending loose-leaf tariff by revised pages and

additional original pages. 221.112 Amending book tariff by supple

ment (also applicable to supplements to loose-leaf tariffs when such supplements are specifically authorized in this part).

Sec. 221.113 Reissuing and canceling tariffs,

transferring matter to other

tariffs. 221.114 Amendment symbols to indicato

changes in rates, fares and other

provisions. 221.115 Reinstating canceled or expired

tariff provisions. 221.116 Supplement to loose-leaf tariff au

thorized when service terminated or suspended.

Sec. 221.165 Explanation and data supporting

tariff changes and new matter

in tariff publications. 221.166 Explanation of missing C.A.B. numbers to

accompany tarifi transmittal. 221.167 Posting copies to be furnished par

ticipating carriers at time of al

ing. 221.168 Withdrawal or substitution of Aled

tariff publications prohibited. Subpart N- Posting Tariff Publications for Public

Inspection 221.170 Posting at principal or general of

fice. 221.171 Posting at stations, offices, or loca

tions other than principal or gen

eral ofice. 221.172 Accessibility of tariffs to the public. 221.173 Notice of tariff posting. 221.174 Notification to the passenger of

status of fare, rule, charge or

practice. 221.175 Special notice of limited liability

for death or injury under the Warsaw Convention.

Subpart -Suspension of Tariff Provisions by

Board 221.120 Effect of suspension by Board. 221.121 Suspension supplement. 221.122 Reissuing tariff publications sus

pended in part or containing matter continued in effect by

suspension. 221.123 Reissue of matter continued in ef

fect by suspension to be canceled

upon termination of suspension. Subpart 1—Vacating the Suspension of Tariff

Matter 221.130 Tariff must be amended to make

suspended matter effective. 221.131 Vacating supplement. 221.132 When tariff amendments in addi.

tion to vacating supplement are

required. 221.133 When Special Tarifi Permission is

required to file amendments making suspended matter effec

tive pursuant to vacating order. Subpart K-Canceling Suspended Matter in

Compliance With Board's Order 221.140 Notice required when canceling sus

pended matter in compliance with

Board's order. 221.141

Cancellation of suspended matter

subsequent to date to which suspended.

Subpart 0—Rejection of Tariff Publications 221.180 Board's authority to reject. 221.181 Notification of rejection. 221.182 Rejected publication is void and

must not be used. 221.183 Tariff publication issued in lieu of

rejected publication. 221.184 Issue page in lieu of rejected loose

leaf page within 20 days.

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Subpart P-Special Tariff Permission To Filo on

Less Than Thirty Days' Notice 221.190 Grounds for approving or denying

Special Tariff Permission applica

tions. 221.191 How to prepare and file applica

tions for Special Tariff Permis

sion. 221.192 Special Tariff Permission to be used

in its entirety as granted. 221.193 Re-use of Special Tariff Permission

when publication is rejected. 221.194 Reference to Special Tariff Permis

sion on tariff publications. Subpart Q-Waiver of Tariff Regulations 221.200 Applications for waiver of tarin

regulations. 221.201 Form of application for waivers.

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Subpart R-Giving and Revoking Concurrences to

Carriers

Subpart M-Filing Tariff Publications With Board 221.160 Required notice. 221.161 Delivering tarif publications to

Board. 221.162 Number of copies required. 221.163 Letter of tariff transmittal. 221.164 Concurrences or powers of attorney

not previously filed to accompany tarif transmittal.

221.210 Method of giving concurrence. 221.211 Method of revoking concurrence. 221.212 Method of withdrawing portion of

authority conferred by concurrence.

Subpart SGiving and Revoking Powers of

Attorney to Agents Sec. 221.220 Method of giving power of attorney. 221.221 Method of revoking power of attor

ney. 221.222 Method of withdrawing portion of

authority conferred by power of

attorney. 221.223 Procedure for alternate agent to as

sume the duties of and take over

tariffs of the principal agent. 221.224 Procedure for having new principal

agent assume the duties of and

take over tariffs of another agent. 221.226 New powers of attorney to be filed

within 180 days after death or disability of either principal or alternate.

Subpart T-Adoption Publications Required To

Show Change in Carrier's Name or Transfer of

Operating Control 221.230 Adoption notice. 221.231 Adoption supplements and revised

title pages to be filed to former

carrier's tariffs. 221.232 Receiver shall ille adoption notice

and supplements. 221.233 Agents' and other carriers' tariffs

shall reflect adoption. 221.234 C. A. B. numbers of tariffs issued by

adopting carrier and method of publishing reference to C. A. B. numbers of former carrier's

tariffs. 221.235 Concurrences or powers of attorney

to be reissued. 221.236 Numbering adopting carrier's letters

of tariff transmittal. 221.237 Numbering adopting carrier's Spe

cial Tariff Permission applications. 221.238 Cessation of operations without

successor.

Subpart U-Prescribed Forms 221.240 Letter of tarif transmittal. 221.241 Application for Special Tarif Per

mission. 221.242 Concurrence. 221.243 Notice of Revocation of Concur

rence. 221.244 Power of attorney. 221.245 Notice of Revocation of Power of

Attorney. 221.246 Adoption notice. 221.247 Adoption supplement. 221.248 Specimen title page of tariff.

Subpart V-Complaints Against Tariffs 221.250 Complaints against tariffs,

AUTHORITY: The provisions of this Part 221 issued under secs. 204, 401, 403, 404, 411, 1001, 1002, 72 Stat. 743, as amended; 49 U.S.C. 1324 1371, 1373, 1374, 1381, 1481, 1482.

SOURCE: The provisions of this Part 221 contained in ER-439, 30 F.R. 9439, July 29, 1965, unless otherwise noted.

Subpart A-General 8 221.1 Applicability of this part.

All tariffs and amendments to tariffs of air carriers and foreign air carriers filed with the Board pursuant to section 403 of the act shall be constructed, published, filed, posted and kept open for public inspection in accordance with the regulations in this part. & 221.2 Board may direct reissue of

publications. The Board for good cause shown, may direct the reissue of any tariff publication, concurrence, or power of attorney at any time. § 221.3

Carrier's duty. (a) Must file tariffs. Every air carrier and every foreign air carrier shall file with the Board, and print, and keep open to public inspection, tariffs showing all rates, fares, and charges for air transportation between points served by it, and between points served by it and points served by any other air carrier or foreign air carrier, when through service and through rates shall have been established, and showing to the extent required by regulations of the Board, all classifications, rules, regulations, practices, and services in connection with such air transportation. Tariffs shall be filed, posted, and published in such form and manner, and shall contain such information as the Board shall by regulation prescribe. Any tariff so filed which is not consistent with section 403 of the act and such regulations may be rejected. Any tariff so rejected shall be void.

(b) Must observe tariffs. No air carrier or foreign air carrier shall charge or demand or collect or receive a greater or less or different compensation for air transportation or for any service in connection therewith, than the rates, fares and charges specified in its currently effective tariffs; and no air carrier or foreign air carrier shall, in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise, refund or remit any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities, with respect to matters required by the Board to be specified in

such tariffs, except those specified in such tariffs.

(c) No relief from violations. Nothing contained in this part shall be con. strued as relieving any air carrier or for. eign air carrier from liability for viola. tions of the act, nor shall the filling of a tariff, or amendment thereto, relieve any air carrier or foreign air carrier from such violations or from violations of regulations issued under the act. $ 221.4 Definitions.

As used in this part, terms shall be defined as follows:

"Act” means the Federal Aviation Act of 1958, as amended.

"Board" means the Civil Aeronautics Board.

"Book tariff” means a tariff consisting of pages bound together in book form which conforms with the specifications applicable only to book tariffs.

“Carrier" means an air carrier or for- eign air carrier subject to section 403 of the Act.

"Class rate” means a rate which is published to apply on articles or commodities assigned to a numbered class by a classification or an exception thereto.

"Fare" means the amount per passenger or group of persons stated in the applicable tariff for the transportation

thereof and includes baggage unless the context otherwise requires.

"Fare tariff” means a tariff containting fares for the air transportation of

persons and may include baggage charges and provisions relating thereto.

"General commodity rate” means a rate which is published to apply on all articles or commodities except those which will not be accepted for transportation under the terms of the tariff containing such rate or of governing tariffs.

"General effective date” means the effective date shown on the title page of a tariff as required by $ 221.31(a) (11), the effective date shown on title page of a supplement as required by $ 221.112(b) (8), and the effective date shown on an original or revised page as required by $ 221.22(b) (6). Also, see § 221.160.

"Item” means a small subdivision of a tariff designated as an item and identified by a number, a letter, or other definite method for the purpose of facilitating reference and amendment.

"Joint fare or rate” means a fare or rate that applies to transportation over

the joint lines or routes of two or more carriers and which is made and published by arrangement or agreement between such carriers evidenced by concurrence or power of attorney.

Joint tariff” means a tariff that contains joint fares or rates.

"Local fare or te" means a fare or rate that applies to transportation over the lines or routes of one carrier only.

“Local tariff” means a tariff that contains local fares or rates.

“Loose-leaf tariff” means a tariff consisting of loose-leaf pages and conforming with the specifications applicable to loose-leaf tariffs as set forth in § 221.22.

“Original tariff,” as applied to a looseleaf tariff, refers to the tariff as it was originally filed exclusive of any supplements, revised pages, or additional original pages. “Original tariff,” as applied to a book tariff, refers to the tariff as it was originally filed exclusive of any supplements.

"Passenger tariff" means a tariff containing fares, charges, or governing provisions applicable to the air transportation of persons and their baggage.

“Property tariff" means a tariff containing rates, charges, or governing provisions applicable to the air transportation of property (other than baggage accompanied or checked by passengers).

“Proportional rate (or fare)” means a rate (or fare) which may be used only to construct a through combination rate (or fare) on traffic which:

(1) originates at a point beyond the point from which such proportional rate (or fare) applies, or

(2) is destined to a point beyond the point to which such proportional rate (or fare) applies, or

(3) both originates at a beyond point specified in (1) above and is destined to a beyond point specified in (2) above.

“Proportional tariff” or “basing tariff” means a tariff which contains propor. tional or basing rates or fares.

“Rates” means the amount per unit stated in the applicable tariff for the transportation of property (including the amount for chartering a plane) and includes “charge” unless the context otherwise requires.

"Rate tariff" means a tariff containing rates and charges for the air transportation of property, other than baggage accompanying or checked by passengers.

“Specific commodity rate" means a the air transportation covered by such rate which is published to apply only on tariff publications. Any tariff publicaa specific commodity or commodities

tion filed pursuant to such express rewhich are specifically named or described

quest or authorization which is not conin the item naming such rate or in an

sistent with section 403 of the Act and item specifically referred to by such rate

this part may be rejected; any tariff pub

lication so rejected shall be void. in the manner prescribed by $ 221.75.

“Tariff publication" means a tariff, Subpart B-Who Is Authorized To a supplement to a tariff, or an original

Issue and File Tariffs or revised page of a loose-leaf tariff,

§ 221.10 Carrier. and includes an index of tariffs (Subpart L) and an adoption notice (§ 221.230). (a) Local or joint tariffs. A carrier

“Through rate” means the total rate may issue and file, in its own name, tariff from point of origin to destination. It

publications which contain: may be a local rate, a joint rate, or com

(1) Local rates or fares of such carbination of separately established rates. rier only and provisions governing such “Through fare” means the total fare

local rates or fares, and/or from point of origin to destination. It

(2) Joint rates or fares which apply may be a local fare, a joint fare, or com

jointly via such issuing carrier in conbination of separately established fares.

nection with other carriers (participat"United States” means the several

ing in the tariff publications under auStates, the District of Columbia, and the thority of their concurrences given to the several Territories and possessions of the

issuing carrier as provided in § 221.210) United States, including the Territorial

and provisions governing such joint rates waters and the overlying air space

and fares. Provisions for account of an thereof.

individual participating carrier may be “Warsaw Convention" means the Con.

published to govern such joint rates or vention for the Unification of Certain fares provided § 221.38(k) is complied Rules Relating to International Trans

with. portation by Air, 49 Stat. 3000.

A carrier shall not issue and file tariff § 221.5 English language.

publications containing local rates

fares of other carriers, joint rates or All tariff publications, powers of attor

fares in which the issuing carrier does ney, concurrences, revocations of powers

not participate, or provisions governing of attorney or concurrences, letters of

such local or joint rates or fares. tariff transmittal, Special Tariff Permis

(b) Issuing officer. An officer or dession applications, waiver applications

ignated employee of the issuing carrier and all other documents filed with the shall be shown as the issuing officer of Board pursuant to this part shall be in a tariff publication issued by a carrier, the English language.

and such issuing officer shall file the § 221.6 Effective date for bringing exist

tariff publication with the Board on being publications into compliance.

half of the issuing carrier and all carriers

participating in the tariff publication. All tariff publications filed prior to Sep (See $ $ 221.22(b) (7), 221.31(a) (12), and tember 21, 1964 and which are either in 221.112(b) (9) for location of issuing effect on that date or to become effective officer's name on tariff publications.) after that date, shall be brought into

8 221.11 Agent. compliance with this part effective not later than April 1, 1965.

An agent may issue and file, in his or

its own name, tariff publications naming & 221.7 Unauthorized air transportation. local rates or fares and/or joint rates or

Tariff publications shall not contain fares, and provisions governing such rates, fares, or charges, or their govern rates or fares, for account of carriers ing provisions, applicable to air trans participating in such tariff publications, portation which the issuing or partici under authority of their powers of atpating carriers are not authorized by torney given to such issuing agent as the Board to perform, except where the provided in $ 221.220. The issuing agent Board expressly requests or authorizes shall file such tariff publications with tariff publications to be filed prior to the the Board on behalf of all carriers parBoard's granting authority to perform ticipating therein. Only one issuing

or

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