§ 221.122 Reissuing tariff publications suspended in part or containing matter continued in effect by suspension. (a) Loose-leaf tariff page suspended in part. When a loose-leaf tariff page suspended in part is reissued, the reissue of such page shall conform with the following requirements: (1) The revised page (reissue) shall not reproduce or bring forward the matter under suspension. (2) The revised page (reissue) shall direct the cancellation of the partially suspended page except the portions thereof under suspension. Such page cancellation shall be set forth in substantially the manner shown in the following example: 2nd Revised Page 10 cancels 1st Revised Page 10 (except portions under suspension in C.A.B. Docket No. ——) (3) If the suspension has continued in effect tariff provisions on preceding issues of the page, the reissue of the page suspended in part shall bring forward without change those tariff provisions which were continued in effect by the suspension. In such cases, such reissue shall, in addition to directing the page cancellation required by paragraph (a)(2) of this section, complete the cancellation of the page which contained the matter continued in effect by the suspension. Such cancellation shall be set forth in substantially the manner shown in the following example: 2nd Revised Page 10 cancels 1st Revised Page 10 (except portions under suspension in C.A.B. Docket No. --) and completes the cancellation of Original Page 10 All subsequent revisions of the same page, which are issued after such reissue and which become effective during the period of suspension, shall bring forward unchanged the tariff provisions continued in effect by the suspension and shall bear reference to the revision containing the suspended matter. Such reference shall be set forth immediately below the page number and cancellation in the manner shown in the following example: 3rd Revised Page 10 cancels 2nd Revised Page 10 (1st Revised Page 10 contains portions under suspension in C.A.B. Docket No. (b) Reissuing a loose-leaf page continued in effect by suspension of entire revised page. When the Board has suspended a revised page in its entirety and the prior revision (which is continued in effect by such suspension) is to be reissued, the reissue shall conform with the following requirements: (1) The revised page (reissue) shall not reproduce or bring forward the matter under suspension. (2) The revised page (reissue) shall bring forward without change those tariff provisions which are continued in effect by the suspension and shall cancel the page containing such provisions. (3) The revised page (reissue) shall not direct any cancellation of the suspended page but shall contain a statement that such page is under suspension which shall be set forth (immediately below the page number and page cancellation) in the manner shown in the following example: (1) The supplement (reissue) shall not reproduce or bring forward the matter under suspension. (2) The supplement (reissue) shall direct the cancellation of the partially suspended supplement except the portions thereof under suspension. Such supplement cancellation shall be set forth in the upper right-hand corner of the title page of the reissue in substantially the manner shown in the following example: Supplement No. 4 to C.A.B. No. 2 (Cancels Supplement No. 2 except portions under suspension in C.A.B. Docket No. -) Supplements Nos. *2, 3, and 4 are the only effective supplements. *-Contains only matter suspended in C.A.B. Docket No. (3) If the suspension has continued in effect tariff provisions in a prior supplement which is indicated as canceled by the partially suspended supplement, except as to the provisions continued in effect by the suspension, the reissue of the partially suspended supplement shall bring forward unchanged the matter continued in effect by the suspension and the title page of such reissue shall, in addition to directing the supplement cancellation, complete the cancellation of the supplement containing the matter continued in effect by the suspension. Such cancellation shall be set forth in substantially the manner shown in the following example: Supplement No. 4 to C.A.B. No. 1 (Cancels Supplement No. 2 except portions under suspension in C.A.B. Docket No. and completes the cancellation of Supplement No. 1) Supplements Nos. *2, 3, and 4 are the only effective supplements. *-contains only matter suspended in C.A.B. Docket No. —— (d) Tariff suspended in part. When a tariff suspended in part (including a tariff having a supplement suspended wholly or in part) is reissued, the re issue of such tariff shall conform to the following requirements: (1) The tariff (reissue) shall not reproduce or bring forward the matter under suspension. (2) The tariff (reissue) shall direct the cancellation of the partially suspended tariff except the portions thereof under suspension. Such tariff cancellation shall be set forth (in the upper right-hand corner of title page of the reissue) in substantially the manner shown in the following example: C.A.B. No. 3 cancels C.A.B. No. 2 (except portions under suspension in C.A.B. Docket No. ——) (3) If the suspension has continued in effect tariff provisions which are published in the tariff containing the suspended matter, the reissue of such tariff shall bring forward such effective tariff provisions without change. (4) If the tariff containing the suspended matter has canceled a preceding issue except provisions in such preceding issue which are continued in effect by reason of the suspension, the reissue of the partially suspended tariff shall, in addition to directing the cancellation required by paragraph (d)(2) of this section, complete the cancellation of the tariff containing the provisions continued in effect by the suspension, and shall bring for: ward such provisions without change. Such tariff cancellation shall be set forth (in upper right-hand corner of title page of the reissue) in substantially the manner shown in the following example: C.A.B. No. 8 cancels C.A.B. No. 2 (except portions under suspension in C.A.B. Docket No. --) and completes the cancellation of C.A.B. No. 1 (e) Item, rule, or similar unit suspended in part. When a numbered item, rule, or similar unit in a book tariff or supplement thereto is suspended in part, a reissue of such item, rule, or similar unit shall conform to the following requirements: (1) The reissue shall not reproduce or bring forward the matter under suspension. (2) The reissue shall direct the cancellation of the partially suspended item rule, or similar unit except the portions thereof under suspension. Such cancellation shall be set forth in substantially the manner shown in the following example: Item No. 10-B cancels Item No. 10-A (except portions under suspension in C.A.B. Docket No. ——) (3) If the suspension has continued in effect tariff provisions in preceding issues of the partially suspended item, rule, or similar unit, the reissue of the partially suspended item, rule, or similar unit shall bring forward without change the tariff provisions which were continued in effect by the suspension. In such cases, such reissue shall, in addition to directing the cancellation required by paragraph (e)(2) of this section, complete the cancellation of the item, rule, or similar unit which contained the matter continued in effect by the suspension. Such cancellation shall be set forth in substantially the manner shown in the following example: Item No. 10-B cancels Item No. 10-A (except portions under suspension in C.A.B. Docket No. --) and completes the cancellation of Item No. 10 § 221.123 Reissue of matter continued in effect by suspension to be canceled upon termination of suspension. When tariff provisions continued in effect by a suspension are reissued during the period of such suspension, the termination of the suspension and the coming into effect of the suspended matter will not accomplish the cancellation of such reissued matter. In such circumstances, prompt action shall be taken by the issuing agent or carrier to cancel such reissued provisions upon the termination of the suspension in order that they will not conflict with the provisions formerly under suspension. Subpart J-Vacating the Suspension of Tariff Matter § 221.130 Tariff must be amended to make suspended matter effective. (a) When the Board vacates an order which suspended certain tariff matter in full or in part, such matter will not become effective until the termination of the suspension period unless the issuing agent or carrier amends the pertinent tariffs in the manner prescribed in this subpart (except as provided in paragraph (b) of this section). (b) If the Board vacates its suspension order prior to the original published effective date of the tariff provisions whose suspension is vacated, such provisions will become effective on their published effective date without filing a vacating supplement as required by this subpart. § 221.131 Vacating supplement. (a) Subject to §§ 221.132 and 221.133, the tariff, supplement, page, item, rule, fare, rate, or other tariff provision whose suspension has been vacated by an order of the Board may be made effective prior to the termination of the suspension period only by issuing and filing to the tariff containing the suspended matter a supplement (referred to in this subpart as a vacating supplement) which shall conform with the following requirements: (1) Such vacating supplement shall be issued on not less than one day's notice unless otherwise provided by the Board's vacating order. (2) Such vacating supplement may be filed to a loose-leaf tariff as well as a book tariff. (3) Such vacating supplement shall contain a vacating notice which shall specify the tariff matter whose suspension is vacated and shall state the specific date on which such matter will become effective. Such date shall be the same effective date as the effective date of the vacating supplement and must be earlier than the date to which the tariff matter was suspended. The vacating notice shall be published on the title page of the supplement (immediately below the description of contents and territory) or at the top of the next page. (4) Such vacating supplement shall direct the cancellation of the suspension supplement if all suspended matter covered by the suspension supplement is being vacated. (5) Such vacating supplement shall contain no tariff provisions other than those specifically authorized to be included therein by this section and § 221.132, and those required by other regulatory bodies. (6) The title page of such vacating supplement shall contain reference to this subpart and to the Board's vacating order to be shown immediately above the issued and effective dates in the following manner: Issued under authority of Subpart J, Part 221 of the Economic Regulations and Order No. in Docket No. of the Civil Aeronautics Board. § 221.132 When tariff amendments in addition to vacating supplement are required. (a) Notice and effective date. All amendments made pursuant to this section shall be filed on not less than one day's notice, unless otherwise provided by the Board's vacating order, and shall bear the same effective date as the effective date of the vacating supplement filed pursuant to § 221.131, except as otherwise provided in paragraph (h) of this section, and except that the effective date of any tariff provisions other than the vacated matter shall not be advanced under this authority. All tariff amendments made pursuant to this section which are not published in the vacating supplement shall bear the reference required by § 221.131(a)(6). (b) When a loose-leaf page suspended in part has been reissued. When a loose-leaf page is suspended in part and such suspension is vacated in its entirety by the Board but, prior to such vacating of the suspension, the page has been canceled (except as to matter under suspension) by a subsequent revision of that page, the following tariff amendments shall be made in addition to issuing and filing a vacating supplement pursuant § 221.131: to (1) A consecutive revision in the series of the page containing the suspended matter shall be issued which shall (i) republish the suspended matter without change, (ii) cancel the matter continued in effect by the suspension (if published on the preceding revisions of the page) and (iii) complete the cancellation of the page which contained the suspended matter. The latter cancellation shall be set forth (below the C.A.B. and page numbers in the upper right-hand corner of the page) in the manner shown in the following example: 3rd Revised Page 20 cancels 2nd Revised Page 20 (and completes the cancellation of 1st In the above example, the 3rd revision (filed pursuant to this paragraph) cancels the 2nd revision and completes the cancellation of the 1st revision (which was previously canceled by the 2nd revision except as to the suspended matter). (c) When a loose-leaf page continued in effect by suspension of entire revised page has been reissued. When an entire revised page has been suspended and the Board fully vacates such suspension but prior to such vacating of the suspension, the page continued in effect by such suspension has been revised, the following tariff amendments shall be made in addition to issuing and filing the vacating supplement pursuant to § 221.131: (1) A consecutive revision in the series of the suspended page shall be issued and filed which shall (i) republish the suspended tariff provisions without change, (ii) cancel the reissue of the tariff provisions which were continued in effect by the suspension, and (iii) include the cancellation of the revised page whose suspension has been vacated. (d) When provisions continued in effect by suspension of supplement (in full or part) have been reissued in a supplement. When the Board has suspended in full or in part, a supplement to a book tariff and such suspension is vacated by the Board but (prior to such vacating of the suspension) all or part of the provisions which were continued in effect by the suspension have been reissued in a subsequent supplement to the same tariff, the vacating supplement shall include the following amendments: (1) The vacating supplement shall cancel such reissue of the provisions continued in effect by the suspension. (2) The vacating supplement shall republish without change the respective suspended provisions which are to supersede the provisions canceled pursuant to paragraph (d)(1) of this section and shall cancel such suspended provisions from the supplement which was under suspension. (e) When partially suspended item, rule, or similar unit in a book tariff or supplement has been reissued in a supplement. When the Board has suspended, in part, a numbered item, rule, or similar unit in a book tariff or supplement and such suspension is fully vacated by the Board but (prior to such vacating of the suspension) the partially suspended item, rule, or similar unit has been canceled except as to the suspended matter by a subsequent issue of such item, rule, or unit, the vacating supplement shall amend such items, rules, or similar units as specified below: (1) The tariff provisions whose suspension is vacated shall be republished without change. (2) The tariff provisions which were continued in effect by such suspension shall be canceled. (3) The cancellation of the partially suspended item, rule, or similar unit shall be completed in the manner shown in the following example: Item No. 10-C cancels Item No. 10-B (and completes the cancellation of Item No. 10-A) In the above example, Item No. 10-C in the vacating supplement directs the cancellation of the current Item No. 10-B and completes the cancellation of Item No. 10-A (which has been previously canceled by Item No. 10-B except as to the suspended matter). (f) When tariff continued in effect by suspension has been amended by supplement or loose-leaf page. When the Board fully vacates the suspension of an entire tariff but, prior to such action, the tariff which was continued in effect by the suspension has been amended by supplement or loose-leaf page, the following tariff amendments shall be made in addition to issuing and filing the vacating supplement pursuant to § 221.131: (1) If the suspended tariff is a book tariff, the vacating supplement issued to such tariff shall set forth as reissued matter (without change) any changes or additions which were lawfully published in the tariff continued in effect by the suspension but which are not included in the suspended tariff. (2) If the suspended tariff is a looseleaf tariff loose-leaf pages shall be issued thereto and such pages shall set forth as reissued matter (without change) any changes or additions which were lawfully published in the tariff continued in effect by the suspension but which are not included in the suspended tariff. (g) When tariff continued in effect by suspension has been reissued. When the Board fully vacates the suspension of an entire tariff but, prior to such action, the tariff which was continued in effect by such suspension has been reissued, the following tariff amendments shall be made in addition to filing the vacating supplement pursuant to § 221.131: (1) A supplement shall be issued and filed to the tariff containing the reissued tariff provisions which were continued in effect by the suspension and such supplement shall cancel that tariff in its entirety. (2) Any changes or additions which have been lawfully published in the tariff specified in paragraph (g)(1) of this section but which are not included in the suspended tariff shall be republished: (i) As reissued matter (without change) in the vacating supplement issued to the suspended tariff if the latter is a book tariff, or (ii) As reissued matter (without change) in revised pages or additional original pages issued to the suspended tariff if the latter is a loose-leaf tariff. (h) When a tariff suspended in part has been reissued. When a tariff has been suspended in part (or has a sup 80-038 0-81--13 |