Any

(a) Inauguration of service. 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 anv 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.

to

(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 interested person may file an answer in opposition to or in support of the application within twenty (20) days after the filing of the application. An executed original and 19 copies of such application shall be filed with the Docket Section of the Civil Aeronautics Board, Washington, D.C., 20428. Applications which are incomplete or which fail to comply with the requirements of this part will be dismissed.

[ER 394, 28 F.R. 10195, Sept. 18, 1963] § 205.4 Answers by interested persons and replies thereto.

(a) Any interested person may file with the Board and serve upon the applicant a written answer in opposition to or in support of an application made pursuant to § 205.3 within twenty (20) days of the filing thereof. Such answer shall set forth in detail the reasons why the postponement of inauguration of service or temporary suspension of service should be denied or authorized, with a statement of economic data and other matters which it is desired that the Board shall officially notice. An executed original and 19 copies of such answer shall be filed with the Docket Section.

(b) Within seven (7) days from the date of service of an answer, the applicant may file a reply thereto and shall serve it upon any person who has filed an answer. An executed original and 19 copies of such reply shall be filed with the Docket Section.

[ER-645, 35 F.R. 14542, Sept. 17, 1970] § 205.5 Service.

(a) A copy of each application made and each answer addressed thereto pursuant to §§ 205.3 and 205.4 shall be served personally or by registered or cer

tified mail upon such persons as the Board may designate in a particular case, and shall be served upon the following persons in all cases:

(1) Each certificated route air carrier which serves any point for which postponement of inauguration or suspension of service is sought, or its designated agent.

(2) The chief executive of the city, town or other unit or local government at any such point located in the United States or any possession thereof;

(3) The State commission or agency having jurisdiction of transportation by air in the State wherein any such point is located, or if there is no such commission or agency, the chief executive of such State;

(4) The Secretary of State (marked for the attention of Chief, Aviation Division) if such point is not iocated in the United States or any possession thereof;

(5) The Postmaster General, marked for the attention of the Assistant General Counsel, Transportation, if the applicant's certificate authorizes the transportation of United States mail to or from such point;

(6) In cases involving an application for suspension of service at a point located in the United States or any possession thereof, the manager or other individual having direct supervision over and responsibility for the management of the airport being used to serve such point at the time the application is filed.

(b) Local service carriers shall serve such applications also on each certificated route air carrier which provides or is authorized to provide nonstop service between points between which the applicant could provide nonstop service if the application were granted.

[ER-348, 27 F.R. 733, Jan. 25, 1962, as amended by ER-613, 35 F.R. 7110, May 6, 1970]

§ 205.6 Disposition.

An order may be issued authorizing such postponement or temporary suspension for such term and upon such conditions as the Board may find to be in the public interest. Where the public interest so requires, the Board may act on applications without waiting for answers thereto. § 205.7

Petition for reconsideration.

A petition for reconsideration of the Board's determination under § 205.6 may

be filed by any interested person within twenty (20) days after the date of service thereof. Except for the time of filing, such petitions shall conform to the provisions of § 302.37 of this chapter. Any interested person may file an answer in opposition to, or in support of, the petition within ten (10) days after it is filed. An executed original and 19 copies of such petition for reconsideration or answer shall be filed with the Docket Section, and copies thereof shall be served upon the persons described in § 205.5, the applicant and any person who filed an answer in opposition to the original application.

§ 205.8 Automatic suspension authority for involuntary postponement of inauguration or involuntary interruption of service.

(a) The holder of a certificate shall not be required to file an application under § 205.2 if the postponement of inauguration of new service or interruption of service to or from a point named in a certificate, or included in the holder'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 inauguration: 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 con

tained 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 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]

§ 206.2

Omission of stop at route junction 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. 124 FR 1860, Mar. 14, 1959.

Sec.

207.3 Scope of authorization. 207.4 Tariffs to be filed for charter trips and special services.

207.4a Written contracts with charterers. 207.5 Limitation on amount of charter trips which may be performed by combination carriers. 207.6 All-cargo carriers: limitation on amount of charter trips which may be performed.

207.7 Charter trips and other special services within the State of Alaska. 207.7a Restriction on frequency and regularity of off-route charter trips and other special services.

207.8 Notice of proposed special services. 207.9 Records and record retention. 207.10 Reports of emergency

commercial

charters for other direct carriers. AUTHORITY: The provisions of this Part 207 issued under secs. 204, 204 (a), 401, 401 (e) (6), 403, 407, 411, Federal Aviation Act of 1958, as amended, 72 Stat. 743; 754 (as amended by 76 Stat. 143, 82 Stat. 867),758 (as amended by 74 Stat. 445), 760 and 769; 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.

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 authorizes 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 (including a direct air carrier or direct foreign air carrier when such aircraft is engaged solely for the transportation of company personnel or company property, or in cases of emergency, of commercial traffic: Provided, That emergency charters for commercial traffic shall be reported in accordance with § 207.10);

(2) By a person (no part of whose business is the formation of groups for transportation or the solicitation or sale

of transportation services) 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.

(5) By a person authorized by the Board to transport by air used household goods of personnel of the Department of Defense.

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) or a person defined in subparagraph (5) 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

(1) The advertising is placed in a medium of communication circulated mainly to members of an organization that would be eligible to obtain charter service, and

(2) The advertising states that the charter is open only to members of the organization referred to in subparagraph (1) of this paragraph, or only to members of a subgroup thereof. In this context, a subgroup shall be any group with membership drawn primarily from members of the organization referred to in subparagraph (1) of this paragraph: Provided, That this paragraph shall not be construed as prohibiting air carrier advertising which offers charter services to bona fide organizations, without reference to a particular organization or flight.

"Combination carrier" means an air carrier holding a certificate of public convenience and necessity issued pursuant to section 401(d) (1) or (2) which authorizes the carriage of persons, property and mail or persons and property only.

"Hawaiian charter trip" means a charter trip between points within the 48 contiguous states of the United States, on the one hand, and points in the State of Hawaii, on the other hand.

"Mixed charter" means a charter trip in which passengers and cargo are carried on the same flight.

"Off-route" shall refer to any charter which is not on-route, except (1) charters performed for the Department of Defense, and (2) charters performed in overseas or foreign air transportation on the reverse leg of a charter performed in the opposite direction under a contract with the Department of Defense calling for one-way service.

"On-route" shall refer to service performed by an air carrier between points between which said carrier is authorized to provide service pursuant to either its certificate of public convenience and necessity or exemption authority: Provided, however, That passenger charter trips by any all-cargo carrier are not considered to be on-route whether or not they are performed between points designated to receive service by such carrier in its certificate of public convenience and necessity, except that in the event services are performed pursuant to a contract with the Department of Defense or an agency thereof, by an allcargo carrier between points designated to receive service by such carrier in its

certificate of public convenience and necessity which (1) involves cargo transportation in one direction and passenger transportation in the other direction or (2) involves a mixed charter, the passenger charter leg or the mileage operated in the mixed charter, as the case may be, will be considered on-route.

NOTE: Charter services for the Department of Defense conducted between points between which the carrier is not otherwise authorized to provide service by its certificate of public convenience and necessity or exemption authority naming such points are not regarded as "on-route."

"Point" means any airport or place where an aircraft may be landed or taken off, including the area within a 50-mile radius of such airport or place.

"Special services" are all services rendered in air transportation which are authorized by section 401(e) (6) of the Act by an air carrier holding a certificate of public convenience and necessity other than (1) services rendered in air transportation over the route or routes designated in its certificate(s), (2) charter services as defined in this section, and (3) services authorized by special exemption under section 416(b) of the Act.

"Transatlantic charter trip" means a charter trip between points within the 48 contiguous States of the United States, on the one hand, and points in Greenland, Iceland, the Azores, Europe, Africa, or Asia, as far east as (and including) India, on the other hand: Provided, however, That this definition shall not apply to off-route charter trips performed by a carrier between a point within the 48 contiguous States of the United States, on the one hand, and a point in a country in the above area with respect to which the carrier is authorized to perform air transportation of persons and property pursuant to a certificate of public convenience and necessity issued under section 401 of the Act, on the other hand.

"Transpacific charter trip" means a charter trip between points within any State of the United States, on the one hand, and points in Australasia (including Australia, New Zealand, Polynesia, Micronesia, and Melanesia), Indonesia, or Asia as far west as longitude 70° east, on the other hand: Provided, however, That this definition shall not apply to off-route charter trips performed by a carrier between a point within any State of the United States, on the one hand, and a point in a country in the above