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PART 206 CERTIFICATES OF PUBLIC

CONVENIENCE AND NECESSITY:

SPECIAL AUTHORIZATIONS Soc. 206.1 Emorgency transportation. 206.2 Omission of stop at routo Junction

points. 206.3 Transportation of newsmen by all.

cargo carriors. $ 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 ufe. Air carriers offering to provide this emergency transportation shall file appropriate tariffs pursuant to section 403 of the act. (Bocs. 204, 416, 72 Stat. 748, 771; 49 U.S.C. 1324, 1886) (ER-261, 24 PR. 1860, Mar. 14, 1969) 8 206.2 Omission of stop at route june

tion 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 e junction point of such routes, may omit

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) (FR-246, 24 F.R. 85, Jan. 6, 1969) 206.3 Transportation of newsmen by

all-cargo carriers. Notwithstanding the provisions of sections 401(a) and 403 of the Act and Part 221 of the Board's economic regulations, an air carrier holding a certificate of public convenience and necessity

for the transportation of property and mall only may provide transportation to persons between points in its certificate on regularly scheduled cargo flights for the purpose of collecting data for preparation of feature news, pictorial or like articles provided that:

(a) The transportation is limited to the writer, journalist, or photographer engaged in the preparation of data for use in feature news, pictorial, or like articles which are to appear in newspapers or magazines, or on radio or television programs and which will publicize the regularly scheduled cargo operations of the carrier;

(b) The air carrier shall collect from each person transported the lowest individual adult fare in effect by any carrier authorized to transport persons in regularly scheduled passenger service between the points involved;

(c) The air carrier shall file with the Board's Bureau of Economics, at least 10 days before commencement of the transportation, & notice setting forth the name and afiliation of the writer, journallst or photographer, the routing to be followed, and the amount of fare to be collected. (secs. 204(a) and 416 of the Federal Aviation Act of 1968, as amended; 72 Stat. 743 and 771; 49 0.8.0. 1924 and 1896) (ER-665, 86 FR 2566, Fob. 6, 1971)

PART 207–CHARTER TRIPS AND

SPECIAL SERVICES

Subpart A General Provisions Sec. 207.1 Definitions. 207.2 Applicabllity of part. 207.3 Scope of authorization. 207.4 Tariis to bo died for chartor trips

and special services. 207.44 Written contracts with charterers. 207.5 Limitation on amount of charter

trips which may bo porformed by

combination carriers. 207.6 All-cargo carriers: Limitation og

amount of charter trips which may

bo performed. 207.7 Charter trips and other special serv

Ices within the State of Alaska. 207.78 Restriction on frequency and regu

larity of off-route charter trips and

other special services. 207.8 Notice of proposed special services. 207.9 Records and rocord retention, 207.10 Reports of emergency commercial

charters for other direct carriers. 207.11 Charter aight limitations. 207.12 Unused spaco. 207.13 Terms of service. 207.14 Substituto transportation in amer

gencies.

124 PR. 1860, Mar. 14, 1959.

Sec.

thorizes the carriage of property only or 207.16 Payments, gratuities and donations.

property and mail only. 207.16 Walver.

“Base Revenue Plane Mlles" means 207.17 Protection of customers' deposits.

revenue mileage operated by an air carSubpart B-Provisions Relating to Pro Rata

rier in scheduled services, extra sections, Charters

and on-route charter trips or special 207-20 Applicability of subpart.

services. REQUIREMENTS RELATING TO AB CARRIERS “Charter flight” means air transpor207.21 Solicition and formation of a char- tation performed in accordance with tering group.

$ 207.11. 207.22 Pretrip notification and charter con- “Charter group" means that body of tract.

Individuals who shall actually partici207.23 Agent's commission.

pate in the charter flight. 20724 Statement of Supporting Informa

"Charter organization" means that tlon. 20725 Charter trips originating in tho

organization, group, or other entity from United States.

whose members (and their immediato 207-26 Alr carrier to identity onplanements. families) a charter group is derived.

"Charter trip" means air transporREQUIREMENTS RELATING TO TRAVEL AGENTS

tation performed in accordance with 207.30 Probibition against doublo compon. $ 207.11. sation.

“Combination carrier means an air 207.81 Statement of supporting Informa

carrier holding a certincate of public tion,

convenience and necessity issued purREQUISVENTS RELATING TO CHARTFING

suant to section 401(d) (1) or (2) which ORGANIZATION

authorizes the carriage of persons, prop207.40 Solicitation of chartor participants. erty and mall or persons and property 207.41 Passengers on charter nights.

only. 207.42 Participation of immediato families "Hawaiian charter trip" means a charin charter oights.

ter trip between points within the 48 207.43 Charter costs.

contiguous States of the United States, 207.44 Statement of charges. 207.45 Passenger lists.

on the one hand, and points in the State 207.46 Application for a charter.

of Hawaii, on the other hand. 207.47 Statement of Supporting Informa

“Islands of the Caribbean" means tion.

points in Jamaica, the Bahama Islands, Subpart Provisions Relating to Single

Bermuda, Haiti, the Dominican RepubEntity Charters

uc, Puerto Rico, the Virgin Islands, 207.50 Applicability of subpart.

Trinidad and Tobago, the Cayman Is207,51 Terms of service.

lands, Aruba, the Leeward and Windward 207.52 Commissions paid to travel agonts. Islands, Barbados, and Curacao. 207.53 Statement of Supporting Informa- "Mixed charter" means & charter, tho tion.

cost of which is borne, or pursuant to Subpart D Provisions Relating to Mixed contract may be borne, partly by the Chartens

charter participants and partly by the 207.60 Applicablo rulos.

charterer. APPENDIX A

"Off-route" shall refer to any charter

which is not on-route, except (1) charAUTHORITY.-Secs. 204, 401, 403, 404(b),

ters performed for the Department of 407, 411, 416(b), 72 Stat. 743, 754 (as amended

Defense, and (2) charters performed in by 76 Stat. 143, 82 Stat. 867), 758 (as amended by 74 Stat. 445), 760, 706, 769, 771; 49 0.8.C.

overseas or foreign air transportation on 1824, 1371, 1373, 1974, 1377, 1381, 1388.

the reverse leg of a charter performed

in the opposite direction under & conSOURCE: FR-802, 88 FR 14157, May 30, 1978,

tract with the Department of Defense unless otherwise noted.

calling for one-way service. Subpart A-General Provisions

“On-route" shall refer to service § 207.1 Definitions.

performed by an air carrier between

points between which said carrier is As used in this part, unless the context

authorized to provide service pursuant otherwise requires:

to either its certificate of public conven"All-cargo carrier" means an air car- lence and necessity or exemption rler holding a certificate of public con- authority: Provided, however, That pasvenience and necessity issued pursuant senger charter trips by any all-cargo to section 401(d) (1) or (2), which au- 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 all-cargo carrier between points designated to receive service by such carrler in its certificate of public convenlence and necessity which (1) involves cargo transportation in one direction and passenger transportation in the other direction or (2) involves a charter trip in which passengers and cargo are carried on the same flight, the passenger charter leg or the mileage operated in such 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 certifcate 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 & 50-mile radius of such airport or place.

“Pro rata charter" means & charter, the cost of which is divided among the passengers transported.

"Single entity charter" means a charter, the cost of which is borne by the charterer and not by Individual passengers, directly or indirectly.

“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 & 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 author

ized 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 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.

“Travel agent" means any person engaged in the formation of groups for transportation or in the solicitation or sale of transportation services. & 207.2 Applicability of part.

This part shall apply to all air carriers (other than Alaskan air carriers and air carriers certificated for supplemental air service) who hold currently effective certificates of public convenience and necessity issued by the Board pursuant to section 401 of the act. § 207.3 Scope of authorization.

Ol-route charter trips and other special services, and on-route charters, may be performed by air carriers, subJect, however, to the limitations and regulations set forth in this part. The limitations and regulations herein specified as applicable to charter trips shall be applicable to all charter trips Irrespective of whether the authority to conduct such trips derives from section 401(e) (6) of the act or the carrier's certificate of public convenience and necessity or from & special or general exemption issued by the Board. $ 207.4 Tariffs to be filed for charter

trips and special services. (a) No air carrier shall perform any charter trips or other special services unless such air carrier shall have on file with the Board a currently effective tariff showing all rates, fares, and charges for such charter trips and other special serv

ices, and showing the rules, regulations, which the charterer's advance payments practices, and services in connection with are secured by the bond, the surety shall such transportation including the eligi- be released from all liability under the bility requirements for charter groups not bond to such charterer for such charter inconsistent with those established in trip (see $ 207.17(e)). this part.

(b) No term or condition of the char(b) Every charter tariff shall contain ter contract shall, on its face, be inconthe following provision: Payments for a sistent with any provision of the carrier's charter flight made to any person to published tariff. whom the carrier, directly or indirectly, (ER-809, 38 FR 20254, July 30, 1973) has paid & commission or has agreed to

$ 207.5 Limitation on amount of charter pay a commission with respect to such

trips which may be performed by flight, shall be considered payment to the

combination carriers. carrier: Provided, however, That this requirement shall not be applicable to A combination carrier shall not durforeign-originated charters.

ing any calendar year perform off-route

charter trips which in the aggregate, on & 207.4a Written contracts with char.

a revenue plane-mile basis, exceed 2 terers.

percent of the base revenue plane-miles (a) Every agreement to perform a flown by it during the preceding calendar charter trip, except charters for the De

year. partment of Defense, shall be in writing

8 207.6 All-cargo carriers : Limitation on and signed by an authorized representa

amount of charter trips which may be tive of the air carrier and the charterer

performed. prior to operation of a charter flight: Provided, That where execution of a con

(a) [Reserved] tract prior to commencement of fight

(b) An all-cargo carrier shall not duris impracticable because the charter has Ing any calendar year perform off-route been arranged on short notice, compll

charters which in the aggregate, on a ance with the provision hereof shall be revenue plane-mile basis, exceed 2 effected within seven (7) days after percent of the base revenue plane-miles commencement of the fight. The flown by it during the preceding calendar written agreement shall include, without year: Provided, however, That an alllimitation:

cargo carrier shall be permitted to per(1) Date and place of execution of the form off-route cargo charters within its contract or agreement;

area of operations without any limitation (2) Signature, printed or typed name

as to volume of service. of each signatory, and official position

(c) Within the meaning of paragraph of each;

(b) of this section, the areas of opera(3) Dates of flights and points

tions of the all-cargo carriers are the involved;

following: (4) Type and capacity of aircraft:

(1) Within the 48 contiguous States Number of passenger seats available or The Flying Tiger Line Inc.; Airlift Interpounds of cargo capacity;

national, Inc.; and Seaboard World Air(5) Rates, fares, and charges appli

lines, Inc. cable to the charter trip, including the

(2) Between the 48 contiguous States charter price, live and ferry mileage and Europe-Seaboard World Airlines, charges, and layover and other nonlight Inc. charges; and

(3) Between the 48 contiguous States, (6) The name and address of either on the one hand, and the islands of the the surety whose bond secures advance Caribbean, on the other-Airlift Intercharter payments received by the carrier national, Inc. or of the carrier's depository bank to (4) Between the 48 contiguous States which checks or money orders for ad

and Asia as far west as longitude 70* yance charter payments are to be made

east, including Japan and the Philippayable as escrow holder, pending com

pines, but not including Indonesia-The pletion of the charter trip.

Flying Tiger Line Inc. (7) A statement that unless the charterer files a claim with the carrier, or,

$ 207.7 Charter trips and other special if he is unavailable, with the surety, services within the State of Alaska. within sixty (60) days after the cancel- An alr carrier shall not perform any lation of a charter trip with respect to charter trip or other special service in

Interstate air commerce within the State of Alaska, 8 207.7a Restriction on frequency and

regularity of off-route charter trips

and other special services. No air carrier shall perform off-route Hawallan, transatlantic or transpacific charter trips, or any other off-route charter trips between any pair of points, or special services between any pair of points:

(a) In excess of a total of eight (8) flights in the same direction during any period of four successive calendar weeks,

(b) In the same direction on the same day of two or more successive calendar weeks,

(c) In excess of a total of three (3) flights in the same direction during any period of two successive calendar weeks unless such period is followed by a break of at least one calendar week during which no ilghts are operated in such market or between such points,

(d) Which are so arranged as to result in the observance of breaks required by paragraph (c) of this section at regularly recurring intervals, or

(e) Which are so arranged as to result in any uniform pattern or normal consistency of operations: Provided, That the restrictions imposed by this section shall not be applicable to off-route cargo charters performed by an all-cargo carrier within its area of operations as set forth in % 207.6. 8 207.8

Notice of proposed special serve ices. No air carrier shall perform any special service in interstate, overseas or foreign air transportation unless at the time of filing of a tarif applicable to such special service or at the time of wling of an application for a special tarifi per. mission, such air carrier shall have submitted to the Board a statement setting forth a full description of the proposed service and shall have malled copies thereof to the air carriers authorized by certificates of public convenience and necessity render service to any point designated to receive the proposed special service. The proposed special service shall not be inaugurated 11 prior to the effective date of the tariif applicable to such special service, or at the time of action on the application for special tariff permission, the Board shall have notified such air carrier that the performance of such special service does

not appear to be consistent with the public interest. 8 207.9 Records and record retention.

Each air carrier shall obtain and retain the following records in accordance with Part 249 of this subchapter:

(a) A record of the names, addresses, and telephone numbers of all passengers transported on each pro rata charter trip.

(b) A copy of every charter contract.

(c) Every statement of supporting information and proof of the commission paid to any travel agent for each pro rata charter trip.

(d) The written confirmation, and accompanying passenger List, received from another carrier pursuant to $ 207.25; and a copy of its written request, and accompanying passenger list, to such other carrier for such confirmation. & 207.10 Reports of emergency com

mercial charters for other direct car.

riers. It shall be an express condition upon authority conferred by subparagraph (1) of paragraph (b) of $ 207.11 that each air carrier which performs in emergency charter transporting commercial traffic for another direct carrier shall file & report with the Bureau of Operating Rights, within 30 days following each charter trip, containing the following information:

(a) Name of direct carrier performing the charter and name of direct carrier for which the charter was performed;

(b) Date of flight or fights;

(c) Points of origin and destination, and Intermediate points, in any:

(d) Number of passengers and/or tons of cargo transported;

(e) Description of circumstances creating the emergency;

(f) Date of initial contact by the chartering carrier regarding the charter;

(g) Reasons why the traffic in question was not or could not be carried by other carriers certificated to serve the particular market. § 207.11 Charter flight limitations.

Charter flights (trips) in air transportation shall be limited to the following:

(a) Air transportation of persons and/ or property pursuant to contracts with the Department of Defense where the entire capacity of one or more aircraft has been engaged by the Department;

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