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to a trade agreement shall be used in determining the value thereof. & 225.12 Value of advertising goods and
services. For the purposes of this part, advertising goods and services shall be valued at the going market price at the time such goods or services are furnished.
NOTE: The reporting requirements con. tained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.
necessary to ensure that air transportation furnished will not be used by anyone except the individuals identified or described in the agreement; and
(e) No transportation shall be furnished under a trade agreement except in accordance with a ticket issued therefor. & 225.10 Accounts and records.
(a) Each airline availing itself of the provisions of this part shall maintain a record of each trade agreement entered into, which record shall be filed in such manner as to be accessible and convenient for examination, and shall contain the following information: (1) The date received and the amount of goods or services supplied; (2) the names and addresses of individuals to whom identification cards were issued under the trade agreement; and (3) the date furnished and the amount of the air transportation furnished under the trade agreement. All correspondence or memorandums relating to trade agreements shall be retained and made a part of the carrier's records; and
(b) In accounting for and reporting financial and traffic data in accordance with Part 241 of this subchapter (the Board's Economic Regulations):
(1) Advertising received in accordance with a trade agreement shall be billed and recorded in the carrier's expense accounts at the going market rate:
(2) Air transportation services provided in accordance with a trade agreement shall be billed and recorded in the carrier's accounts in accordance with its published tariffs. Such amounts shall be carried in the normal revenue account; and
(3) Upon termination of a trade agreement, a reduction shall be made in the carrier's expense accounts to the extent, if any, that the value of advertising services received shall exceed the value of transportation services performed in return therefor, unless such balance is settled in cash, goods, or services of equivalent value. $ 225.11 Value of air transportation.
For the purposes of this part, the published tariff rates applicable at the time air transportation is furnished pursuant
PART 227-TARIFFS OF AIR CAR
RIERS AND FOREIGN AIR CAR-
MILITARY PERSONNEL ? Sec. 227.0 Applicability. 227.1 Definitions. 227.2 Conditions governing the furnishing
of reduced-rate transportation. 227.3 Tariffs to be filed. 227.4 Identification.
AUTHORITY: The provisions of this Part 227 issued under secs. 204, 403, 72 Stat. 743, 758; 49 U.S.C. 1324, 1373. $ 227.0 Applicability.
This part applies to reduced rate transportation furnished to individually ticketed passengers traveling singly or in groups in overseas or foreign air transportation. (ER-346, 27 FR. 466, Jan. 17, 1962) 8 227.1 Definitions.
For the purpose of this part:
(a) "Furloughed military personnel" means all military personnel of the armed forces of the United States, which are: (1) On an active duty status, (2) stationed outside the continental United States and traveling thereto or domiciled in one of its territories or possessions and traveling thereto, and (3) traveling at their own expense while on official furlough, leave, pass or other authorized absence from duty.
(b) “Reduced rate transportation" means the carriage by a carrier subject to the provisions of this part of any furloughed military personnel or members of the immediate family of military personnel on active duty status and sta
137 FR. 466, Jan. 17, 1962.
tioned outside the continental United States, for compensation specified in the applicable tariff of such a carrier relating thereto, which compensation is less than that specified in other tariffs of the carrier which would otherwise be applicable.
(c) "Open-jaw trip” shall mean travel which is essentially of a round-trip nature, but the outward point of departure and inward point of arrival and/or outward point of arrival and inward point of departure of which are not the same.
(d) “Immediate Family" means the spouse and dependent children, living in the same household, of a member of the Armed Forces of the United States who is on active duty status and stationed outside the continental United States. (ER-208, 21 F.R. 265, Jan. 13, 1956, as amended by ER-346, 27 FR. 466, Jan, 17, 1962) $ 227.2 Conditions governing the fur.
nishing of reduced-rate transporta
tion. Subject to compliance with the other provisions of this part and with the limitations imposed in an air carrier's certificate of public convenience and necessity, issued under section 401 of the Act; in the applicable regulation or order of the Board authorizing an air carrier's operation; or in a foreign air carrier's foreign air carrier permit issued under section 402 of the Act, any air carrier or foreign air carrier may furnish reduced-rate transportation to:
(a) Furloughed military personnel traveling on through tickets calling for overseas or foreign air transportation.
(b) Members of the immediate family of furloughed military personnel traveling on through tickets calling for overseas or foreign air transportation: Provided, That such members are accompanied on the trip by such military personnel.
(c) Members of the immediate family of military personnel traveling on a oneway through ticket calling for overseas or foreign air transportation from an overseas or foreign point to the United States, its territories or possessions. (ER_348, 27 PR. 466, Jan. 17, 1962) § 227.3 Tariffs to be filed.
No air carrier or foreign air carrier shall furnish any reduced-rate transpor
tation pursuant to this part except in accordance with the terms of applicable individual or joint tariffs, on file with the Board. Each such tariff shall contain all classifications, rules, regulations, practices, and services in connection with such air transportation. (ER-208, 21 F.R. 265, Jan. 13, 1956) $ 22.4Identification.
(a) No air carrier or foreign air carrier shall sell reduced-rate tickets or furnish reduced-rate transportation, pursuant to this part, to military personnel of the armed forces of the United States unless such personnel: (1) Have in their possession and display, both at the time of sale and at the time when transportation is furnished, their official identification card; (2) have in their possession and display, at the time when transportation is furnished, an authorized furlough, leave, pass or other document evidencing authorized absence from duty and (3) execute and deliver to the representatives of the carrier, at the time of sale, a declaration of eligibility reading as follows:
I declare that I am a member of the United States armed forces on active-duty status and I will be traveling to the United States (to my domicile in case of travel to a territory or possession of the United States) at my own expense while on furlough, leave, pass or other authorized absence from my activeduty station.
(Branch of Service)
(Service Number) (b) Identification of members of the immediate family. No air carrier or foreign air carrier shall sell reduced-rate tickets or furnish reduced-rate transportation, pursuant to this part, to the immediate family of any member of the Armed Forces of the United States un. less such member shall execute and have countersigned by his Commanding Officer and deliver to the representatives of the carrier at the time of sale a declaration of eligibility reading as follows:
I declare that I am a member of the United States Armed Forces on active duty status and stationed outside the continental United States and that I am purchasing a ticket or tickets for
who is (are)
my spouse and dependent child (children) points affected, the date of its applicaand who live(s) in my household for travel tion and the duration if known, together in foreign or overseas air transportation.
with the reasons for the application of (Commanding officer)
said embargo. I the embargo is appli
cable only to property transported on (Signed)
certain types of equipment, the equip
ment types and flights subject to such (Grade)
embargo shall be specified. In addition,
the notice shall specify the date and (Branch of service)
hour that it was posted in accordance
with § 228.4. (Service number) (ER-208, 21 FR. 265. Jan. 13, 1956, es § 228.4 Nature of public notice. amended by ER-346, 27 F.R. 466, Jan. 17,
The embargo notice required by this 1962)
part shall be posted in a conspicuous and
public place at each of the carrier's ofPART 228_EMBARGOES ON
fices where property of the kind affected PROPERTY
by the embargo can reasonably be exSec.
pected to be received. Such notice shall 228.1 Definitions.
be posted immediately and, unless cir228.2 Notice of embargo.
cumstances beyond the control of the 228.3 Contents of embargo notice. 228.4 Nature of public notice.
air carrier necessitate a later posting 228.5 Notice of termination or modification
thereof, in no event less than 24 hours of embargo.
before the embargo becomes effective. 228.6 Rule of construction.
Upon posting of said notice, one copy AUTHORITY: The provisions of this Part 228
thereof shall be sent to each connecting Issued under secs. 204, 404. 407, 72 Stat. 743, carrier which may be affected by the em760, 766; 49 U.S.C. 1324, 1374, 1377.
bargo and two copies shall be mailed to SOURCE: The provisions of this Part 228
the Tariffs Section of the Civil Aeronaucontained in ER-239, 23 F.R. 8788, Nov. 13, tics Board at Washington, D.C. When 1958, unless otherwise noted.
a notice is not posted 24 hours or more 8 228.1 Definitions.
before an embargo takes effect, the air
carrier shall attach to the copies mailed "Embargo" means the refusal by an
to the Board a brief explanation of the air carrier for a limited period, to accept
circumstances which necessitated the for transportation over any route or
late posting of the notice. segment thereof, and to or from any area, or point or connecting carrier,
$ 228.5 Notice of termination or modi. any commodity, type or class of property
fication of embargo. (other than passenger baggage) duly Except when the notice of embargo tendered. Refusal to accept property
sets forth the specific date upon which for transportation in accordance with the embargo will be lifted, a notice of the restrictions and limitations in the tariff
termination or modification of the emor the certificate of an air carrier shall bargo shall be posted, and copies thereof not be deemed an embargo.
shall be sent to each connecting carrier 8 228.2 Notice of embargo.
and shall be filed with the Board in the
same manner and to the same extent as Whenever any certificated air carrier
the original notice of embargo. finds that it will be necessary for it to Impose an embargo on the acceptance of
& 228.6 Rule of construction. any shipment, said air carrier shall give This part shall not be construed as republic notice thereof immediately except lieving any air carrier of its duty to furwhen such embargo is authorized by nish authorized transportation service or order of the Board.
to observe all requirements of the Civil
Aeronautics Act of 1938, as amended, & 228.3 Contents of embargo notice.
and the rules and regulations promulThe contents of the notice of embargo
gated thereunder. required by $ 228.2 shall be legible and describe with particularity the property
PART 231- TRANSPORTATION OF to be embargoed, specify the commodity
MAIL; MAIL SCHEDULES or commodities, types or classes of
Sec. property to which the embargo is appli
231.1 Filing of general schedules. cable, and set forth the area, routes, or 231.2 Form of schedules.
231.3 Title page.
AUTHORITY: The provisions of this Part 231 issued under secs. 204, 405, 72 Stat. 743, 760; 49 U.S.C. 1324, 1375. § 231.1 Filing of general schedules.
Each air carrier authorized to engage in air transportation shall file with the Board a statement, to be known as a "general schedule,” showing the points between which the air carrier is authorized to engage in air transportation, all schedules of aircraft which will be operated by the air carrier between such points on the date the general schedule is to become effective, the time of arrival and departure at each point, and the frequency of each schedule. Prior to the date it engages in any scheduled air transportation each such air carrier shall file a general schedule with the Board. (ER-449, 30 F.R. 14971, Dec. 3, 1966) § 231.2 Form of schedules.
All general schedules and revised pages thereof shall be in loose-leaf form, with sheets 892 by 11 inches in size, and shall be printed, typewritten, planographed, stereotyped, mimeographed, or prepared by other similar durable process, in a clearly legible manner on durable paper in not less than 6-point type. One side 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,
(f) The issuing officer's name and address. (ER-146, 14 F.R. 3536, June 29, 1949) 8 231.4 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 revi. sion 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 sched. ule, 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, equip
ment, 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) 8 231.6 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 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. The letter of transmittal and listed enclosures shall be included in one package addressed to: Civil Aeronautics Board, Office of the Secre
tary, 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 filling or reporting. (ER-146, 14 F.R. 3537, June 29, 1949)
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 flled on the date on which it is actually received by the Board at its ofices in Washington, D.C. $ 232.2 Form and contents of applica
tion. (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 identity 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 serv. ice 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.
PART 232-TRANSPORTATION OF
MAIL; REVIEW OF ORDERS OF
POSTMASTER GENERAL Sec. 232.1 Application for review. 232.2 Form and contents of application. 232.3 Serving copies of application.