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165 and 0..
0 and 12.
219 and 0..
0 and 18.
990, Pacific inter-
105 and 0.
0 and 7.
105 and 0..
* On and after August 15, 1969, the minimum rate for operation of B-707 aircraft in Recreation and Rehabilitation (R & R) service between the Republic of South Vietnam, on the one hand, and Thailand, Malaysia, Singapore, the Republic of the Philippines, Hong Kong, and Taiwan, on the other, shall be 2.30 cents per passenger-mile.
Provided, That, subject to the provisions per pound shall not be less than the rates of § 288.8, the minimum rates specified to/from the nearest commercial point, in subparagraphs (1) and (2) of this computed in accordance with subparaparagraph shall not be applicable to pas graphs (2) and (3) of this paragraph. sengers or cargo carried on a particular (6) The cargo charges determined in trip in excess of the amount that the accordance with subparagraphs (2) contract calls for DoD to supply and the through (5) of this paragraph shall be carrier to provide space: And, provided applied on the basis of a standard weight further, That, if a carrier performs a per pallet of 4,500 pounds: Provided, one-way charter flight carrying non That it is not required that cargo be military traffic for a nonmilitary user, tendered in pallets. the carrier may charter the return flight (e) For Category X transportation, of that aircraft to DoD at a published 1.75 cents per passenger-mile and 7.06 one-way charter tariff rate that is in
cents per cargo ton-mile. fact available to the general public for (f) For suspension charges, 36 percent equivalent services.
of the charge based on the passenger (b) For Logair and Quicktrans serv charter minimum rate and 38 percent ices, other than specified in paragraph of the charge based on the cargo charter (c) of this section:
minimum rate otherwise applicable to
the suspended flight.
(Secs. 401, 404, 72 Stat. 754, 760; 49 US.C. Aircraft type statute mile
directed 1371, 1374) (ER-494, 32 F.R. 7908, June 1,
landing Logair Quicktrans
1967, as amended by ER-536, 33 F.R. 6651,
May 1, 1968; ER-540, 33 F.R. 9337, June 26, DC-1-30. $1.6108 $1,6992
$150 1968; ER-584, 34 F.R. 11087, July 1, 1969; L-1880
ER-602, 35 F.R. 104, Jan. 3, 1970; ER-608, 35 B-727-100 1. 8837 1, 9334
150 L-100-20/30. 1. 8837 1. 9334
F.R. 5113, Mar. 26, 1970; ER-626, 35 F.R. AW-650 1.7111
125 10290, June 24, 1970) DC-6A
225 8 288.8 Minimum aircraft loads. DC-8-61CF 2. 9437 3. 0110
The minimum charges established by (c) The compensation for substitute
$ 288.7(a) shall be deemed economic service shall not be less than that which
only when the resulting revenues are at the prime contractor would have re
least the equivalent of such charges apceived under his contract with DOD.
plied to the following minimum loads: (d) For Category A transportation:
Number of Tons of cargo (1) Passengers, 3.15 cents per pas
and con(2) Cargo: Outbound, 12 cents per ton
vertible flights mile; and inbound, 10 cents per ton-mile.
flights (3) The foregoing rates per passenger
165 36. 5
33. 7 mile and per ton-mile shall be applied B-707-300 series
159 to the shortest mileage between the com
B-707-100 series mercial air-carrier points as set forth in (other)
149 the current IATA Mileage Manual to DC-8F-61,-63.
33. 7 compute point-to-point passenger fares
DC-8 (50 series).
149 and cargo rates per pound.
95 (4) For cargo services to/from military
16. 5 bases in the United States, the rates per CV-990.
105 pound computed in accordance with
20.7 subparagraph (3) of this paragraph shall
15 be increased in the following amounts: 1-1049-C/E/GH.
12 Add-on per pound DC-7
12 Certificated Air force
12 terminal point base
Provided, That, for the purpose of this
section, compensation equal to the mini
Cents Cents New York.... McGuire.
mum rate applied to the load that acDover..
2 tually can be accommodated shall be San Francisco... Travis.
considered economic whenever a carrier (5) For cargo services to/from military is prevented from accommodating a load bases outside the United States, the rates equal to the minimum specified above,
for reasons other than adverse weather, off-loading by DOD, or the bulk of the cargo supplied by DOD, but in no event less than 90 percent of the above minimum loads. For purposes of this proviso, failure by the carrier to accommodate more than 12 loaded pallets on the B-707-320B, C and DC-8F aircraft, or 10 loaded pallets on the CL 44 aircraft, irrespective of the total weight thereof, on the all-cargo segment of any convertible charter flight, due to the presence of galley equipment and/or crew facilities on the main deck of the aircraft for use on that convertible charter flight, is deemed to be due to the bulk of the cargo supplied by DOD. (ER-494, 32 F.R. 7908, June 1, 1967, as amended by ER-602, 35 F.R. 104, Jan, 3, 70) § 288.9 Round-trip services.
For purposes of this part, round-trip services mean charter service other than Logair and Quicktrans services where: (a) Passengers and/or cargo are transported on two or more successive revenue flights and the last revenue flight terminates within 250 statute miles of the point of origin of the first revenue flight or, by mutual consent of DOD and the carrier, at a point within 250 statute miles of the carrier's principal operating base; (b) the scheduling permits departure within 4 hours after arrival at each point to be served except at one point where the aircraft may be scheduled for departure within 72 hours after arrival: Provided, That, on flights
serving more than one U.S. departure point, by mutual consent, DOD and the carrier may agree on not more than three points where the aircraft may be scheduled for departure within 72 hours after arrival; and (c) the air carrier operates en route not more than one ferry flight not exceeding 50 statute miles without compensation and not more than one ferry flight not exceeding 1,500 statute miles for compensation equal to not less than 75 per cent of the round-trip cargo rate specified in $ $ 288.7 and 288.8 where only cargo is carried on the other portions of the whole trip and for compensation equal to not less than 75 percent of the round-trip all-passenger rate specified in $ $ 288.7 and 288.8 in all cases where passengers are carried on any other part of the whole trip. & 288.10 Computation of passenger
miles and cargo ton-miles. (a) General rule. For the purpose of this part, the computation of passengermiles and cargo ton-miles for charter service other than Logair and Quicktrans shall be based on no lesser mileage than the nonstop airport-to-airport distance, in terms of statute miles from the point of origin of the revenue flight to the point of destination of such flight, via such intermediate points as are required to be served by the terms of the DOD contract.
(b) Pacific services. In the case of Pacific services between points specified in the following table, the mileage shall be computed via the indicated routings:
ROUTINGS 1: Direct.
7. Via Honolulu-Wako-Clark. 2. Via Anchorage.
8. Via Wake. 3. Via Yokota.
9. Via Wake-Guam. 4. Via Anchorage-Yokota.
10. Via Guam. 5. Via Honolulu.
11. Via Wake-Clark. 6. Via Honolulu-Wake.
12. Via Honolulu-Wako-Guam. NOTE: Alternative routings 6, 7, and 12 are to be used for calculation of the mileage if DoD requires that an intermediate point along the mid-Pacific route be served.
1 Any place in the State of California, Oregon, or Washington.
(c) Transatlantic services. In the
Subpart D-Duration case of transatlantic services, when the
$ 288.18 Expiration. nonstop airport-to-airport distance between origin and destination of the flight (a) With respect to Logair and Quickis 4,000 miles or more and no intermedi trans services and substitute service ate points are specified by the terms of within the 48 contiguous States, this the DOD contract, the mileage shall be part shall remain in effect indefinitely. no less than as computed via Shannon, (b) With respect to foreign and overIreland, or via Lajes/Santa Maria, seas transportation, transportation beAzores, whichever routing yields a lower
tween the 48 contiguous States, on the mileage.
one hand, and Hawaii or Alaska, on the
other hand, and for transportation (ER-494, 32 F.R. 7908, June 1, 1967, as amend
within Alaska, including substitute seryed by ER-536, 33 F.R. 6652, May 1, 1968]
ice therefor, this part shall remain in 8 288.11 On-loading and off-loading of effect indefinitely. traffic.
(c) The Board reserves the right to It shall not be deemed a violation of
rescind this part or any provision thereof
at any time, with or without notice or the provisions of this part for an air
hearing, as the public interest may carrier operating a charter flight to per require. mit DOD to on-load and/or off-load (d) The transportation services pertraffic (passenger or cargo) at any opera formed pursuant to the authorization tional stops en route made for the car granted in this part do not constitute an rier's convenience, to the extent that it activity of a continuing nature within does not interfere with the carrier's
the meaning of 5 U.S.C. 558(c). scheduled ground operation: Provided, (ER-584, 34 F.R. 11087, July 1, 1969, as That the carrier receives minimum com
amended by ER-602, 35 F.R. 104, Jan. 3, 1970;
ER-626, 35 F.R. 10290, June 24, 1970) pensation consistent with the provisions of this part for resulting load carried on any flight stage which is in excess of the
PART 289%EXEMPTION OF AIR load paid for under the contract.
CARRIERS FROM AGREEMENT FIL
ING REQUIREMENTS OF SECTION § 288.12 Application for other relief.
412 OF THE FEDERAL AVIATION Air carriers may make timely applica ACT OF 1958 1 tions for authority to engage in air trans
Sec. portation for the military establishment
289.1 Definition. not covered by this part, including relief 289.2 Exemption of air carriers. from any limitation or requirement im
289.3 Types of agreements which need not
be Aled. posed by this part. Such applications
289.4 Effect of exemption. shall be governed by the provisions contained in Part 302, Subparts A and D of
AUTHORITY: The provisions of this Part 289
issued under sec. 204, 416, 72 Stat. 743, 771; this chapter.
49 U.S.C. 1324 1386 unless otherwise noted. Subpart C-Enforcement
8 289.1 Definition. 8 288.15 Violations.
For the purpose of this part:
(a) “Certificated route air carrier" Operations by any carrier for the mill
means any air carrier which holds a certary establishment which are not within
tificate of public convenience and necesthe scope of such carrier's basic author
sity issued under section 401(d) (1) or ity or of this part or of other authority (2) of the Federal Aviation Act of 1958 granted by the Board prior to the time authorizing unlimited regularly sched. such operations are undertaken, or non uled route service between specified compliance with any applicable require points or, in case of foreign air transments, conditions, or limitations in this portation, along & general route or part, constitute violations of the Federal
routes, designated in the certificate. Aviation Act of 1958 and will render the
(b) "Indirect air carrier" means any
citizen of the United States ? who enoffending air carrier subject to imposi
gages indirectly in interstate, overseas tion of lawful sanction, including in proper cases criminal prosecution under 1 ER-350, 27 F.R. 1068, Feb. 6. 1962. section 902(a) of the Act.
2 As defined in section 101 (13) of the Act.
or foreign air transportation of prop exceeds the dollar limitation in any erty only, and who: (1) Does not engage twelve-month period, the carrier shall in the operation of aircraft in air trans (1) report promptly the total amount portation, and (2) does not engage in air paid, and (2) file the agreement with the transportation pursuant to any Board Board under section 412(a) of the Act order authorizing air express services upon request by the Director of the under a contract with a direct air Board's Bureau of Economic Regulation. carrier.
(b) Free or reduced-rate transporta(c) "Supplemental air carrier" means tion. Agreements between certificated any air carrier which holds authority route air carriers, or between supplefrom the Board to engage in supple mental air carriers, or between certifimental air transportation.
cated route carriers and supplemental (ER-309, 25 F.R. 6614, July 14, 1960, as carriers, or between any such air caramended by ER-350, 27 F.R. 1067, Feb. 6, riers and foreign air carriers for the 1s1962)
suance or interchange of free or reduced$ 289.2 Exemption of air carriers.
rate transportation: Provided, That such
agreements do not provide for the 18Air carriers are hereby exempted from suance or interchange of passes for free the filing requirements of section 412(a)
or reduced-rate transportation other of the Act with respect to any type of than as described in documents filed puragreement listed in § 289.3 of this part, suant to $ 223.6 of this subchapter. and amendments thereto, and from filing
(c) Pick-up and delivery. Agreements any subsequent amendment to an agree between certificated route air carriers or ment which was filed prior to the effec
indirect air carriers on the one hand and tive date of this part where such filed
surface motor carriers on the other hand agreement and the amendment qualify
for pick-up and delivery of property: for an exemption under this part; except
Provided, That all of the points named in that such exemption does not apply to an
the agreement and the rates and charges agreement or an amendment to an agree
to the public for such service are set forth ment that:
in tariffs filed by the air carriers with the (a) Is between "afiliated" carriers
Board pursuant to Part 221 of this subwithin the meaning of that term as it is
chapter. used in Part 261 of this subchapter; or
(Interpret or apply secs. 101(3), 412, and 416 (b) Amends an existing agreement
(b) of the Act, 72 Stat. 737, 770; 49 U.S.C. which itself is ineligible for exemption
1801, 1882) (ER-360, 27 FR. 1068, Feb. 6, under this part; or
1962) (c) Is a resolution or similar action of
& 289.4 Effect of exemption. the members of an association of air carriers; or
The exemption granted by this part (d) IS violative of the "anti-trust shall not be deemed to constitute an laws" as that term is defined in section 1 "order made under sections 408, 409, and of the Clayton Act, 15 U.S.C. 12.
412" within the meaning of section 414 (ER-350, 27 F.R. 1068, Feb. 6, 1962)
of the Act.
(ER-309, 25 FR. 6614, July 14, 1960. Ro8 289.3 Types of agreements which need
designated by ER-350, 27 F.R. 1068, Feb. 6, not be filed.
1962) (a) Ground services and facilities. Agreements between certificated route
PART 290—TRANSFER OF AIRLIFT air carriers, or between any such air carrler(s) and any foreign air carrier(s),
AMONG AIR CARRIERS IN CERTAIN for the furnishing of ground facilities, EMERGENCIES ground equipment, ground service, or
Sec. building or ground space: Provided, 290.1 Definitions. That the fees or charges therefor are 290.2 Exemption for lease of aircraft. known or anticipated not to exceed 290.3 Exemption for operations. $50,000 during any twelve-month period: 290.4 Reports. And, provided further, That in case the
290.5 Effect of exemption. aggregate annual charge under an agree
290.6 Extension. ment believed to fall within this exemp
290.7 Termination of exemption. tion at the time of execution thereof AUTHORITY: The provisions of this part
290 issued under sections 204(a), 401, 403, 3 As defined in section 101 (21) of the Act. 408, 412 and 416(b), 72 Stat. 743, 754, 758,