(a) Applications for certificates of public convenience and necessity under section 41102 of the Statute and for interstate all-cargo air transportation certificates under section 41103 of the Statute shall meet the requirements set forth in part 302 of this chapter as to general requirements, execution, number of copies, service, and formal specifications of papers.

(b) Any person desiring to provide air transportation as a commuter air carrier must comply with the registration provisions of part 298 of this chapter and submit data to support a fitness determination in accordance with part 204 of this chapter. An executed original plus two (2) true copies of the registration form and fitness data shall be filed with the Chief, Air Carrier Fitness Division.

If, after receipt of any application, the Department asks the applicant to supply additional information, such information shall be furnished in the form of a supplement to the original application.

Incorporation by reference shall be avoided. However, where two or more applications are filed by a single carrier, lengthy exhibits or other documents attached to one may be incorporated in the others by reference if that procedure will substantially reduce the cost to the applicant.

(a) All pages of an application shall be consecutively numbered, and the application shall clearly describe and identify each exhibit by a separate number or symbol. All exhibits shall be deemed to constitute a part of the application to which they are attached.

(b) All amendments to applications shall be consecutively numbered and shall comply with the requirements of this part.

(c) Requests for authority to engage in interstate air transportation shall not be included in the same application with requests for authority to engage in foreign air transportation. Similarly, requests for authority to engage in scheduled air transportation under section 41102 of the Statute shall not be included in the same application with requests for authority to engage in charter air transportation under section 41102 of the Statute or with requests for authority to engage in interstate all-cargo air transportation under section 41103 of the Statute.

(d) Each application shall specify the type or types of service (passengers, property or mail) to be rendered and whether such services are to be rendered on scheduled or charter operations.

(e) Each application for foreign scheduled air transportation shall include an adequate identification of each route for which a certificate is desired, including the terminal and intermediate points to be included in the certificate for which application is made.

(f) Each application shall give full and adequate information with respect to each of the relevant filing requirements set forth in part 204 of this chapter. In addition, the application may contain such other information and data as the applicant shall deem necessary or appropriate in order to acquaint the Department fully with the particular circumstances of its case; however, the statements contained in an application shall be restricted to significant and relevant facts.

(a) An applicant for new or amended certificate or commuter air carrier authority shall not:

(1) Advertise, list schedules, or accept reservations for the air transportation covered by its application until the application has been approved by the Department; or

(2) Accept payment or issue tickets for the air transportation covered by its application until the authority or amended authority has become effective or the Department issues a notice authorizing sales.

(b) An applicant for new or amended certificate or commuter air carrier authority may not advertise or publish schedule listings for the air transportation covered by its application after the application has been approved by the Department (but before all authority issued by DOT, including the FAA, becomes effective) unless such advertising or schedule listings prominently state: “This service is subject to receipt of government operating authority.”

This part sets forth the fitness data that must be submitted by applicants for certificate authority, by applicants for authority to provide service as a commuter air carrier to an eligible place, by carriers proposing to provide essential air transportation, and by certificated air carriers and commuter air carriers proposing a substantial change in operations, ownership, or management. This part also contains the procedures and filing requirements applicable to carriers that hold dormant authority.

As used in this part:

(a) All-cargo air carrier or section 41103 carrier means an air carrier holding an all-cargo air transportation certificate issued under section 41103 of the Statute authorizing the transportation by aircraft in interstate air transportation of only property or only mail, or both.

(b) Certificate authority means authority to provide air transportation granted by the Department of Transportation or Civil Aeronautics Board in the form of a certificate of public convenience and necessity under section 41102 of the Statute or an all-cargo air transportation certificate to perform all-cargo air transportation under section 41103 of the Statute. Certificated carriers are those that hold certificate authority.

(c) Citizen of the United States means:

(1) An individual who is a citizen of the United States;

(2) A partnership each of whose partners is an individual who is a citizen of the United States; or

(3) A corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States.

(d) Commuter air carrier means an air carrier holding or seeking authority under part 298 of this Chapter that carries passengers on at least five round trips per week on at least one route between two or more points according to its published flight schedules that specify the times, days of the week, and places between which those flights are performed.

(e) Eligible place means a place in the United States that—

(1) Was an eligible point under section 419 of the Federal Aviation Act of 1958 as in effect before October 1, 1988;

(2) Received scheduled air transportation at any time between January 1, 1990, and November 4, 1990; and

(3) Is not listed in Department of Transportation Orders 89-9-37 and 89-12-52 as a place ineligible for compensation under Subchapter II of Chapter 417 of the Statute.

(f) Essential air service is that air transportation which the Department has found to be essential under Subchapter II of Chapter 417 of the Statute.

(g) Fit means fit, willing, and able to perform the air transportation in question properly and to conform to the provisions of the Statute and the rules, regulations and requirements issued under the Statute.

(h) Interstate air transportation means the transportation of passengers or property by aircraft as a common carrier for compensation, or the transportation of mail by aircraft—

(1) Between a place in—

(i) A State, territory, or possession of the United States and a place in the District of Columbia or another State, territory, or possession of the United States;

(ii) Hawaii and another place in Hawaii through the airspace over a place outside Hawaii;

(iii) The District of Columbia and another place in the District of Columbia; or

(iv) A territory or possession of the United States and another place in the same territory or possession; and

(2) When any part of the transportation is by aircraft.

(i) Key personnel include the directors, president, chief executive officer, chief operating officer, all vice presidents, the directors or supervisors of operations, maintenance, and finance, and the chief pilot of the applicant or air carrier, as well as any part-time or full-time advisors or consultants to the management of the applicant or air carrier.

(j) Normalized operations are those which are relatively free of start-up costs and temporary barriers to full-scale operations posed by the carrier's limited experience.

(k) Relevant corporations are the applicant or air carrier, any subsidiary thereof, any predecessor thereof (i.e., any air carrier in which any directors, principal officers or persons having a substantial interest have or once had a substantial interest), and any company (including a sole proprietorship or partnership) which has a significant financial or managerial influence on the applicant or air carrier. The latter includes:

(1) Any company (including a sole proprietorship or partnership) holding more than 50 percent of the outstanding voting stock of the applicant or air carrier; and

(2) Any company (including a sole proprietorship or partnership) holding between 20 percent and 50 percent of the outstanding voting stock of the applicant or air carrier as indicated, for example, by 25 percent representation on the board of directors, participation in policy-making processes, substantial inter-company transactions, or managerial personnel with common responsibilities in both companies.

(l) Substantial change in operations, ownership, or management includes, but is not limited to, the following events:

(1) Changes in operations from charter to scheduled service, cargo to passenger service, short-haul to long-haul service, or (for a certificated air carrier) small-aircraft to large-aircraft operations;

(2) The filing of a petition for reorganization or a plan of reorganization under Chapter 11 of the federal bankruptcy laws;

(3) The acquisition by a new shareholder or the accumulation by an existing shareholder of beneficial control of 10 percent or more of the outstanding voting stock in the corporation; and

(4) A change in the president, chief executive officer or chief operating officer, and/or a change in at least half of the other key personnel within any 12-month period or since its latest fitness review, whichever is the more recent period.

(m) Substantial interest means beneficial control of 10 percent or more of the outstanding voting stock.

An applicant for a type of certificate authority it does not currently hold or for commuter air carrier authority shall file the data set forth in paragraphs (a) through (v) of this section. In addition, the Department may require an applicant to provide additional data if necessary to reach an informed judgment about its fitness. If the applicant has previously formally filed any of the required data with the Department or with another Federal agency and they are available to the Department, and those data continue to reflect the current state of the carrier's fitness, the applicant may instead identify the data and provide a citation for the date(s) and place(s) of filing. Prior to filing any data, the applicant may contact the Air Carrier Fitness Division to ascertain what data required by this section are already available to the Department and need not be included in the filing.

(a) The name, address, and telephone number of the applicant.

(b) The form of the applicant's organization.

(c) The State law(s) under which the applicant is organized.

(d) If the applicant is a corporation, a statement provided by the Office of the Secretary of State, or other agent of the State in which the applicant is incorporated, certifying that the applicant corporation is in good standing.

(e) A sworn affidavit stating that the applicant is a citizen of the United States.

(f) The identity of the key personnel who would be employed by the applicant, including:

(1) Their names and addresses;

(2) The experience, expertise, and responsibilities of each;

(3) The number of shares of the applicant's voting stock held by each and the percentage of the total number of such shares issued and outstanding, and the citizenship and principal business of any person for whose account, if other than the holder, such interest is held;

(4) The citizenship of each; and

(5) A description of the officerships, directorships, shares of stock (if 10 percent or more of total voting stock outstanding), and other interests each holds or has held in any air carrier, foreign air carrier, common carrier, person substantially engaged in the business of aeronautics or persons whose principal business (in purpose or fact) is the holding of stock in or control of any air carrier, common carrier or person substantially engaged in the business of aeronautics.

(g) A list of all persons having a substantial interest in the applicant. Such list shall include:

(1) Each person's name, address and citizenship;

(2) The number of shares of the applicant's voting stock held by each such person and the corresponding percentage of the total number of such shares issued and outstanding, and the citizenship and principal business of any person for whose account, if other than the holder, such interest is held;

(3) If any two or more persons holding a substantial interest in the applicant are related by blood or marriage, such relationship(s) shall be included in the list; and

(4) If any person or subsidiary of a person having a substantial interest in the applicant is or has ever been

(i) An air carrier, a foreign air carrier, a common carrier, or

(ii) Substantially engaged in the business of aeronautics, or

(iii) An officer or director of any such entity, or

(iv) A holder of 10 percent or more of total outstanding voting stock of any such entity, the list shall describe such relationship(s).

(h) A list of the applicant's subsidiaries, if any, including a description of each subsidiary's principal business and relationship to the applicant.

(i) A list of the applicant's shares of stock in, or control of, any air carrier, foreign air carrier, common carrier, or person substantially engaged in the business of aeronautics.

(j) To the extent any relevant corporation has been engaged in any business prior to the filing of the application, each applicant shall provide:

(1) Copies of the 10K Annual Reports filed in the past 3 years by any relevant corporation required to file such reports with the Securities and Exchange Commission, and

(2) Copies of recently filed 10Q Quarterly Reports, as necessary, in order to show the financial condition and results of operations of the enterprise current to within 3 months of the date of the filing of the application.

(k) If 10K Reports are not filed with the Securities and Exchange Commission, the following, for the 3 most recent calendar or fiscal years, reflecting the financial condition and results of operations of the enterprise current to within 3 months of the date of the filing of the application:

(1) The Balance Sheet of each relevant corporation;

(2) The Income Statement of each relevant corporation;

(3) All footnotes applicable to the financial statements, including:

(i) A statement as to whether the documents were prepared in accordance with Generally Accepted Accounting Principles, and

(ii) A description of the significant accounting policies of each relevant corporation, such as for depreciation, amortization of intangibles, overhauls, unearned revenues, and cost capitalization;

(4) A statement of significant events occurring subsequent to the most recent Balance Sheet date for each relevant corporation; and

(5) A statement identifying the person who has prepared the financial statements, his or her accounting qualifications, and any affiliation he or she has with the applicant.

(l) A list of all actions and outstanding judgments for more than $5,000 against any relevant corporation, key personnel employed (or to be employed) by any relevant corporation, or person having a substantial interest in any relevant corporation, including the amount of each judgment, the party to whom it is payable, and how long it has been outstanding.

(m) The number of actions and outstanding judgments of less than $5,000 against each relevant corporation, key personnel employed (or to be employed) by any relevant corporation, or person having a substantial interest in any relevant corporation, and the total amount owed by each on such judgments.

(n) A description of the applicant's fleet of aircraft, including:

(1) The number of each type of aircraft owned, leased and to be purchased or leased;

(2) Applicant's plans, including financing plans, for the purchase or lease of additional aircraft; and

(3) A sworn affidavit stating that each aircraft owned or leased has been certified by the FAA and currently complies with all FAA safety standards.

(o) A description of the current status of all pending investigations, enforcement actions, and formal complaints filed by the Department, including the FAA, involving the applicant or any relevant corporation, any personnel employed (or to be employed) by any relevant corporation or person having a substantial interest in any relevant corporation, regarding compliance with the Statute or orders, rules, regulations, or requirements issued pursuant to the Statute, and any corrective actions taken. (If an applicant has a compliance history that warrants it, additional information may be required.)

(p) A description of all charges of unfair or deceptive or anticompetitive business practices, or of fraud, felony or antitrust violation, brought against any relevant corporation or person having a substantial interest in any relevant corporation, or member of the key personnel employed (or to be employed) by any relevant corporation in the past 10 years. Such descriptions shall include the disposition or current status of each such proceeding.

(q) A description of any aircraft accidents or incidents (as defined in the National Transportation Safety Board Regulations, 49 CFR 830.2) experienced by the applicant, its personnel, or any relevant corporation, which occurred either during the year preceding the date of application or at any time in the past and which remain under investigation by the FAA, the NTSB, or by the company itself, including:

(1) The date of the occurrence;

(2) The type of flight;

(3) The number of passengers and crew on board and an enumeration of any injuries or fatalities;

(4) A description of any damage to the aircraft;

(5) The FAA and NTSB file numbers and the status of the investigations, including any enforcement actions initiated against the carrier or any of its personnel; and

(6) Positive actions taken to prevent recurrence. (If an applicant's history of accidents or incidents warrants it, additional information may be required.)

(r) A brief narrative history of the applicant.

(s) A description of all Federal, State and foreign authority under which the applicant has conducted or is conducting transportation operations, and the identify of the local FAA office and personnel responsible for processing an application for any additional FAA authority needed to conduct the proposed operations.

(t) A description of the service to be operated if the application is granted, including:

(1) A forecast Balance Sheet for the first normal year ending after the initially proposed operations have been incorporated, along with the assumptions underlying the accounts and amounts shown; and

(2) A forecast Income Statement, broken down by quarters, for the first year ending after the initially proposed operations are normalized, and an itemization of all pre-operating and start-up costs associated with the initiation of the proposed service. Such Income Statement shall include estimated revenue block hours (or airborne hours, for charter operators) and revenue miles by type of aircraft, number of passengers and number of tons of mail and cargo to be carried, transport revenues and an estimate of the traffic which would be generated in each market receiving the proposed service. Such statements shall also include a statement as to whether the statements were prepared on the accrual or cash basis, an explanation of how the estimated costs and revenues were developed, a description of the manner in which costs and revenues are allocated, how the underlying traffic forecasts were made, and what load factor has been assumed for the average and peak month. Pre-operating and start-up costs should include, but are not limited to, the following: Obtaining necessary government approval; establishing stations; introductory advertising; aircraft, equipment and space facility deposits and rent; training; and salaries earned prior to start-up.

(u) A signed counterpart of Agreement 18900 (OST Form 4523) as required by part 203 of this chapter.

(v) The following certification, which shall accompany the application and all subsequent written submissions filed by the applicant in connection with its application:

Applicants proposing to provide essential air service have been divided into two categories, and are subject to differing data submission requirements as set forth in paragraphs (a) and (b) of this section. However, if a carrier has previously filed any of the required data with the Department or other Federal agency and they are available to the Department, and these data continue to reflect the current state of the carrier's fitness, the carrier may instead identify the data and provide a citation for the date and place of filing. All carriers may contact the Air Carrier Fitness Division to ascertain what information is already available to the Department and thus may not need to be resubmitted.

(a) Carriers who propose to begin or expand non-subsidized essential air service when the incumbent leaves the market must file the following information:

(1) All of the information required under § 204.3 of this part.

(2) A description of the back-up aircraft available to the applicant, including:

(i) The number of each type of such aircraft;

(ii) The conditions under which such aircraft will be available to the carrier;

(iii) The carrier's plans for financing the acquisition or lease of such additional aircraft; and

(iv) A sworn affidavit stating that all such aircraft have been certified by the FAA and currently comply with all FAA safety standards.

(3) A description of the fuel available to perform the proposed essential air services and the carrier's contracts with fuel suppliers.

(4) The carrier's systemwide on-time and completion record for the preceding year and, if applicable, in the subject market(s).

(5) A list of the markets the carrier serves and the number of weekly round trips it provides in each.

(6) A description of the average number of block hours each type of aircraft is currently flown per day.

(7) An estimate of the impact the proposed essential air service would have on the carrier's utilization of its aircraft fleet.

(8) A detailed schedule of the service to be provided, including times of arrivals and departures, the aircraft to be used for each flight, and the fares to be charged.

(9) A pro-forma income statement for the proposed operation for the first annual period.

(b) Carriers filing proposals to provide subsidized service in response to an order inviting proposals shall file:

(1) All of the information required under § 204.3 of this part.

(2) All of the information required under paragraph (a) of this section.

(3) A forecast Income Statement covering the operations conducted in essential air service for the first year following the initiation of the proposed essential services. Such statement shall include:

(i) Subsidy needed;

(ii) Estimated block hours and revenue miles by type of aircraft;

(iii) Total projected revenue including volumes of passengers and freight by essential air service market and the associated fares and rates;

(iv) An explanation of the derivation of estimates of operating expenses; and

(v) A description of the manner in which costs and revenues are allocated.

(4) A traffic forecast including a load factor analysis on all segments between the small community and the hub; and an estimate of the number of seats available to and from the eligible point each day.

(a) A certificated or commuter air carrier proposing a substantial change in operations, ownership or management shall file the data set forth in § 204.3. These data must be submitted in cases where:

(1) The proposed change requires new or amended authority, or

(2) Although the carrier's existing certificate or commuter authority is adequate for the performance of its planned services, the change substantially alters the factors upon which its latest fitness finding is based.

(b) Information which a carrier has previously formally filed with the Department, or with another Federal agency where they are available to the Department, which continues to reflect the current state of the carrier's fitness may be omitted. The carrier instead should identify the data and provide a citation for the date(s) and place(s) of filing. Prior to filing any data, the carrier may contact the Department (Air Carriers Fitness Division) to ascertain what data required by this section, if any, are already available to the Department or are not applicable to the substantial change in question and need not be included in the filing.

(c) Information filings pursuant to this section made to support an application for new or amended certificate authority shall be filed with the application and addressed to the Documentary Services Division, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. Information filed in support of a certificated or commuter air carrier's continuing fitness to operate under its existing authority in light of substantial changes in its operations, ownership or management shall be addressed to the Chief, Air Carrier Fitness Division, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590.

(a) An air carrier that has not commenced any type of air transportation operations for which it was found fit, willing, and able within one year of the date of that finding, or an air carrier that, for any period of one year after the date of such a finding, has not provided any type of air transportation for which that kind of finding is required, is deemed no longer to continue to be fit to provide the air transportation for which it was found fit and, accordingly, its authority to provide such air transportation shall be revoked.

(b) An air carrier found fit which commences operations within one year after being found fit but then ceases operations, shall not resume operations without first filing all of the data required by § 204.3 at least 45 days before it intends to provide any such air transportation. Such filings shall be addressed to the Documentary Services Division, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. The Department will entertain requests for exemption from this 45-day advance filing requirement for good cause shown. If there has been no change in fitness data previously formally filed with the Department, the carrier shall file a sworn statement to that effect signed by one of its officers. The carrier may contact the Department (Air Carrier Fitness Division) to ascertain which data are already available to the Department and need not be refiled. A carrier to which this paragraph applies shall not provide any air transportation for which it is required to be found fit, willing, and able until the Department decides that the carrier continues to be fit, willing, and able to perform such air transportation. During the pendency of the Department's consideration of a data submission under this paragraph, the expiration period set out in paragraph (a) of this section shall be stayed. If the decision or finding by the Department on the issue of the carrier's fitness is favorable, the date or that decision or finding shall be the date considered in applying paragraph (a) of this section.

(c) For purposes of this section, the date of a Department decision or finding shall be the service date of the Department's order containing such decision or finding, or, in cases where the Department's decision or finding is made by letter, the date of such letter.

(d) For purposes of this section, references to operations and to the providing of air transportation shall refer only to the actual performance of flight operations under an operating certificate issued to the carrier by the FAA.

This part sets forth the filing and evidence requirements for foreign air carriers applying for authority to engage in foreign air transportation under section 41301 of Title 49 of the United States Code (Transportation).

(a) Except as provided in paragraph (b) of this section, this part applies to all foreign air carriers seeking initial foreign air carrier permits or the transfer, renewal, or amendment of an existing foreign air carrier permit.

(b) Canadian charter air taxi operators, foreign indirect air carriers of property, and foreign charter operators are not required to submit applications under this part. Instead, Canadian charter air taxi operators shall register under part 294 of this chapter, foreign indirect air carriers of property shall register under part 297 of this chapter, and foreign charter operators shall register under subpart F of part 380 of this chapter.

(a) Except as provided in paragraph (b) of this section, applicants shall follow the requirements in § 302.3 of this chapter as to execution, number of copies, and formal specifications of papers.

(b) Mexican air taxi operators filing applications for foreign air carrier permits authorizing charter flights across the Mexico-United States border with small aircraft (a maximum passenger capacity of 60 seats or less, or a maximum payload capacity of 18,000 pounds or less) shall file an original and two copies of the application. The application shall conform to the instruction document available from the Foreign Air Carrier Licensing Division, Office of International Aviation, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590.

(c) An application shall have consecutively numbered pages, and shall clearly describe and identify each exhibit by a separate number or symbol. All exhibits are part of the application to which they are attached.

(d) Applications shall state all weights, measures and monetary units in U.S. terms, and all text in English.

Applications shall be verified and subscribed and sworn to before a Notary Public or other officer authorized to administer oaths in the jurisdiction in which the application is executed. An application verified before a United States consular officer meets the requirements of this section.

All types of applications for foreign air carrier permits (initial, renewal, amendment, or transfer) are filed as of the date the applications are received at the Department's Docket Facility. Each applicant shall serve those persons as required in part 302, subpart Q, of this chapter.

An applicant shall submit any information required by this part that is omitted from the original application, or any additional information, as an amendment to the original application. Applicants shall consecutively number amendments to applications and shall comply with the requirements of this subpart.

Where two or more applications are filed by a single carrier, the applicant may incorporate lengthy exhibits, or other documents, attached to one application into others by reference. The applicant may not incorporate by reference and update any information from a previous docket unless submitted within the past 2 years. The applicant must identify the docket, and the page number or exhibit number being incorporated, and state that there has been no change in that information since submitting the original information.

The applicant shall include only significant and relevant facts in an application. Each application shall contain adequate information with respect to the evidence required in subpart C of this part. The application may contain other information and data the applicant considers necessary to explain particular circumstances.

If an oral evidentiary hearing is convened, the applicant must make available witnesses who are competent and able to testify to the accuracy of the statements and documents submitted.

A person applying for an initial foreign air carrier permit or the transfer of a permit shall submit the information listed below. The applicant must fully comply with this requirement. If the applicant is unable to respond to an item, the application shall contain an explanation, and include substitute information most closely approximating the information requested. The Department may require an applicant to provide additional information as necessary.

(a) State the name and address of the applicant, the nature of its organization (individual, partnership, corporation, etc.), and, if other than an individual, the name of the country under the laws of which it is organized and the statutory citation of such laws, if any.

(b) State the name and official address of the government air transport authority of applicant's country of citizenship having regulatory jurisdiction over applicant.

(c) Supply the following information regarding the services proposed:

(1) A complete statement of the authority sought; and

(2) A description of the services proposed, specifying:

(i) The point or points in the United States proposed to be served:

(ii) The frequency of service planned at the start of operations, indicating any seasonal variations; whether the service proposed is to be scheduled, nonscheduled or charter; whether the service would be passenger, or property and mail, or a combination; and the type of equipment (and configuration) to be used; and

(iii) A service schedule stating the manner in which the service will be operated (e.g., nonstop or multi-stop, and the identity of proposed intermediate traffic and nontraffic points).

(d) Provide the names, addresses (both residence and business), and citizenship of all Directors, Officers and key management personnel, including the President, Vice Presidents, the Directors or Supervisors of Operations, Maintenance, and Finance, and the chief pilot and chief inspector. Indicate whether any of these persons are related by blood or marriage.

(e) Provide the names and citizenship of all persons holding five percent (5%) or more of the capital stock or capital of the applicant. Also indicate the number and percentage of shares of stock or percentage of capital held by each. If five percent or more of the applicant's stock is held by a corporation or partnership, set forth the name and citizenship of each person holding five percent or more of the entire capital stock or capital of that corporation or partnership and the respective interest of each. If any shares are held for the benefit of another person, give the name and citizenship of that person.

(f) If the applicant is not wholly owned by its homeland government, state whether the applicant (each officer, director, manager, or holder of five percent or more of the capital stock) holds any interest directly or indirectly (through brokers or holding companies) in any of the entities listed below. If no interest is held, so state.

(1) Any U.S. carrier;

(2) Any other foreign air carrier;

(3) Any persons engaged in the business of aeronautics; and

(4) Any common carrier, or any person whose principal business is the holding of stock in, or control of, any air carrier.

(g) Indicate the relationship between the applicant and its homeland government. If the applicant is wholly owned or substantially owned by the government, indicate which governmental department has responsibility for managerial decisions.

(h) State whether the applicant's insurance coverage meets or exceeds the liability limits of 14 CFR part 205. State the name(s) of its insurance carrier(s).

(i) Supply certified evidence, in English, of the applicant's operating authority issued by its government that relates to the operations proposed. This evidence must include a description of the applicant's present authority, the expiration date of this authority, and the manner in which it is expected to be renewed.

(j) Summarize the operating history of the applicant. Include the types of transportation services rendered, points served, etc., from the beginning of operations to the present. Also, if the applicant is a new airline (i.e., an airline that began direct air services within the past 12 months), briefly summarize the business experience of each officer, director and key management personnel, emphasizing any air transportation experience.

(k) Provide a list of the aircraft owned, leased and operated by the applicant. State each aircraft registration number and the country of registration. If leased, state the address and citizenship of each lessor. Describe any plans for the acquisition or lease of additional aircraft if the present permit application is granted as proposed. If any of the listed aircraft will not be used exclusively by the applicant, explain its proposed use. State whether any aircraft are or will be wet-leased.

(l) State where and by whom the maintenance of the aircraft is or will be performed. State whether the applicant's maintenance program complies with the provisions of ICAO Pilots and Airmen Annexes 1, 6 (Part 1) and 7. Also state whether the applicant's home country is a contracting State to the Convention on International Civil Aviation.

(m) Briefly describe any agreements or cooperative working arrangements (e.g., block-space, wet-lease), both oral and written, entered with and between the applicant, or on behalf of the applicant, and any U.S. or foreign air carrier, affecting the proposed services to the United States that are not on file with the Department. If there are no such agreements, so state.

(n) Supply financial data summaries, setting forth in U.S. dollars the applicant's profit and loss statements and balance sheets for the 2 most recent available years (calendar or fiscal). These summaries must be accompanied by a statement from the applicant's official responsible for preparation of the summaries that the submissions are complete and accurate. These summaries must include the following data, but need not be more detailed than the financial data summaries published by ICAO:

(1) The profit and loss summary shall identify:

(i) Total air transport operating revenues (separated into three categories: passenger, cargo, and other transport revenues);

(ii) Total air transport operating expenses;

(iii) Operating result (difference between (i) and (ii));

(iv) Non-operating items; and

(v) Profit or loss after income taxes.

(2) The balance sheet summary shall state and identify:

(i) Current assets;

(ii) Flight equipment (after depreciation);

(iii) Other assets;

(iv) Total assets (sum of (i) through (iii));

(v) Current liabilities;

(vi) Other liabilities;

(vii) Long-term debt;

(viii) Capital stock;

(ix) Retained earnings (balance including capital surplus); and

(x) Total liabilities and equity (sum of (v) through (ix)).

(o) Describe the amount, type and reason for financial assistance received or expected from the applicant's home government, if any.

(p) Submit an estimate showing the total traffic and the financial results of the proposed services for the first full year of normal operations and the supporting data employed to calculate the financial forecast.

(q) If the air transportation proposed is not covered by an air transport agreement, state in narrative form each of the elements of reciprocity or comity relied upon for the requested authority. If the authority requested is governed by an agreement, state whether the applicant has been formally designated by its homeland government, and, if so, cite the diplomatic note.

(r) To the extent not described in paragraph (q), state the policy of the applicant's homeland government with respect to U.S. carriers’ applications for scheduled and charter authority. Specifically state whether the homeland government grants Fifth Freedom traffic rights to U.S. carriers.

(s) For the preceeding 5 years, state whether the applicant has been involved in any safety or tariff violations or any fatal accidents. If so, furnish details.

(t) Submit 3 completed copies of OST Form 4523 (Waiver of liability limits under the Warsaw Convention).

A person applying for an amendment or renewal of a foreign air carrier permit shall submit the information listed below. The applicant must comply fully with this requirement. If the applicant is unable to respond to an item, the application shall contain an explanation and include substitute information most closely approximating the information requested. The Department may require an applicant to provide any additional information necessary.

(a) The information required in paragraphs (a), (b), (i), (o), (q), (r), and (s), of § 211.20.

(b) Except if seeking renewal of existing authority, the information specified in paragraphs (c) and (p) of § 211.20 regarding the new or altered services proposed to be operated.

(c) If the financial material for the applicant on file with the Department is more than 2 years old, financial summaries setting forth, in U.S. dollars, the applicant's profit and loss statements and balance sheets for the 2 most recent available years (calendar or fiscal) as required in paragraph (n) of § 211.20, together with the statement of completeness and accuracy required by that paragraph. If the financial material on file with the Department is 2 years old or less, the applicant may incorporate that information by reference as described in § 211.14 of this part.

(d) If the ownership and control of the applicant are substantially unchanged, so state. If a change has occurred, the applicant shall respond to the paragraph in § 211.20 that most closely relates to the change that has taken place.

(e) A statement that applicant's maintenance program continues to comply with the provisions of ICAO Pilots and Airmen Annexes 1, 6 (Part 1) and 7.

Foreign carriers owned and controlled by citizens of the Federated States of Micronesia, the Marshall Islands, Palau and/or the United States may, in accordance with the provisions of paragraph 5(b) of Article IX of the Federal Programs and Services Agreement, implementing section 221(a)(5) of the Compact of Free Association between the United States and those governments, apply for authority as “Freely Associated State Air Carriers.” The permit application for such authority shall be labeled on the front page, “Application for Freely Associated State Foreign Air Carrier Permit.”

The application shall include, in addition to other requirements of this part, documentation clearly establishing:

(a) That the carrier is organized under the laws of the Federated States of Micronesia, the Marshall Islands, Palau or the United States;

(b) That substantial ownership and effective control of the carrier are held by citizens of the Federated States of Micronesia, the Marshall Islands, Palau and/or the United States;

(c) That citizens of other countries do not have interests in the carrier sufficient to permit them substantially to influence its actions, or that substantial justification exists for a temporary waiver of this requirement;

(d) That the Administrator of the Federal Aviation Administration has determined that the carrier complies with such safety standards as the Administrator considers to be required.

(e) That the government or governments of the Freely Associated States concerned have consented to the carrier's operation as a “Freely Associated State Air Carrier.”

If the Department is satisfied that the applicant meets the requirements of § 211.31 (a) through (e), and that grant of all or part of the requested authority would otherwise be in the public interest, the Department may, subject to Presidential review under section 801(a) of the Federal Aviation Act, issue a “Freely Associated State Foreign Air Carrier Permit” to the applicant, including such terms, conditions or limitations as the Department may find to be in the public interest.

(a) An application under this subpart may include a request, in addition to other foreign air transportation, for authority to engage in interstate air transportation between Guam, the Commonwealth of the Northern Mariana Islands and Honolulu, Hawaii, and interstate air transportation within the Commonwealth of the Northern Mariana Islands. A request for all or part of such limited interstate air transportation authority shall be supported by documentation establishing:

(1) The impact of such interstate air transportation services on the economic projections of the carrier's proposed operations;

(2) The need for such proposed interstate air transportation by the affected U.S. points;

(3) The economic impact of such interstate air transportation on services provided by other carriers providing essential air transportation services to eligible Freely Associated State points within the scope of part 272 of this chapter.

(b) The Department may grant a Freely Associated State Air Carrier authority to engage in all or part of the interstate air transportation requested in paragraph (a) of this section provided that the Department finds:

(1) That grant of such interstate air transportation authority would be in furtherance of the objectives of the Compact of Free Association and related agreements between the United States and the Freely Associated States, and would otherwise be in the public interest; and

(2) That grant of such interstate air transportation authority would not significantly impair the economic viability of existing services providing essential air transportation to any eligible Freely Associated State point within the scope of part 272 of this chapter, or significantly increase compensation that may be required to maintain any such essential air transportation.

(c) The Department may, at any time, subject to Presidential review under section 41307, suspend, modify, or revoke such interstate authority if it concludes that the requirements specified in paragraph (b) of this section are not then being met.

Nothing in this section shall be construed as limiting the authority of the Department to issue a foreign air carrier permit, other than a Freely Associated State Foreign Air Carrier Permit, to a carrier owned or controlled, in whole or in part, by citizens of the Federated States of Micronesia, the Marshall Islands or Palau, that does not meet the requirements of this section.

All tariffs and amendments to tariffs of air carriers and foreign air carriers filed with the Board pursuant to section 403 of the act shall be constructed, published, filed, posted and kept open for public inspection in accordance with the regulations in this part.

The Board for good cause shown, may direct the reissue of any tariff publication, concurrence, or power of attorney at any time.

(a) Must file tariffs. Except as set forth in paragraph (d) or (e) of this section, every air carrier and every foreign air carrier shall file with the Board, and print, and keep open to public inspection, tariffs showing all rates, fares, and charges for air transportation between points served by it, and between points served by it and points served by any other air carrier or foreign air carrier, when through service and through rates shall have been established, and showing to the extent required by regulations of the Board, all classifications, rules, regulations, practices, and services in connection with such air transportation. Tariffs shall be filed, posted, and published in such form and manner, and shall contain such information as the Board shall by regulation prescribe. Any tariff so filed which is not consistent with section 403 of the act and such regulations may be rejected. Any tariff so rejected shall be void.

(b) Must observe tariffs. No air carrier or foreign air carrier shall charge or demand or collect or receive a greater or less or different compensation for air transportation or for any service in connection therewith, than the rates, fares and charges specified in its currently effective tariffs; and no air carrier or foreign air carrier shall, in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise, refund or remit any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities, with respect to matters required by the Board to be specified in such tariffs, except those specified in such tariffs.

(c) No relief from violations. Nothing contained in this part shall be construed as relieving any air carrier or foreign air carrier from liability for violations of the act, nor shall the filing of a tariff, or amendment thereto, relieve any air carrier or foreign air carrier from such violations or from violations of regulations issued under the Act.

(d) Exemption authority. Air carriers and foreign air carriers, both direct and indirect, are exempted from the requirement of section 403 of the Act and any requirement of this chapter to file, and shall not file with the Board, tariffs for operations under the following provisions:

(1) Part 291, Domestic Cargo Transportation, except to the extent noted in § 291.31(a)(1);

(2) Part 296, Indirect Air Transportation of Property;

(3) Part 297, Foreign Air Freight Forwarders and Foreign Cooperative Shippers Association;

(4) Part 298, Exemption for Air Taxi Operations, except to the extent noted in § 298.11(b);

(5) Part 380, Public Charters;

(6) Part 207, Charter Trips and Special Services;

(7) Part 208, Terms, Conditions, and Limitations of Certificates to Engage in Charter Air Transportation;

(8) Part 212, Charter Trips by Foreign Air Carriers;

(9) Part 292, International Cargo Transportation, except as provided in 292.

(e) Domestic passenger fare tariffs. For interstate and overseas air transportation of passengers, the following provisions apply to each pair of points served by an air carrier:

(1) The carrier shall file a tariff stating an unrestricted coach fare for service between those points. The carrier may also file tariffs describing other fare categories (e.g., first class, super-saver). Such tariffs shall include the availability conditions applicable to each fare category filed. The carrier shall not charge any passenger more than the fare on file for the fare category purchased by the passenger, but may charge less than that fare. If there is no fare on file for the fare category purchased by the passenger, the carrier shall not charge more than the unrestricted coach fare on file, except for service that includes additional amenities.

(2) The carrier shall also file a tariff stating the amount to be used for construction of joint fares for interline service, if that amount is different from the unrestricted coach fare on file. Joint fares constructed from such filed amounts shall be binding on carriers and ticket agents except for interline routings where the carriers have agreed to charge lesser amounts.

(3) Ticket agents shall not charge any passenger more than the fare on file for the fare category purchased by the passenger, but may, except as set forth in paragraph (e)(2) of this section, charge less than that fare. If there is no fare on file for the fare category purchased by the passenger, the ticket agent shall not charge more than the unrestricted coach fare on file except for service that includes additional amenities. A carrier may arrange, by contract with its ticket agents, to specify fixed fares to be charged by the ticket agents, and may provide notice of such arrangements in its tariffs. Failure of ticket agents to observe such arrangements will not, however, be considered a violation of the Act or of Board rules. The Board does not hereby approve such contractual arrangements under section 412 of the Act or exempt them from the antitrust laws under section 414.

(4) Air carriers and ticket agents are exempt from the requirements of section 403(a) and (b)(1) of the Act and the other provisions of this part to the extent necessary to allow the filing of tariffs and the charging of prices for interstate and overseas air transportation as set forth in this paragraph (e).

(5) In this paragraph, “charge” includes “charge,” “collect,” “demand,” and “receive,” as those terms are used in section 403 of the Act.

As used in this part, terms shall be defined as follows:

Act means the Federal Aviation Act of 1958, as amended.

Area No. 1 means all of the North and South American Continents and the islands adjacent thereto; Greenland; Bermuda; the West Indies and the islands of the Caribbean Sea; and the Hawaiian Islands (including Midway and Palmyra).

Area No. 2 means all of Europe (including that part of the Union of the Soviet Socialist Republics in Europe) and the islands adjacent thereto; Iceland; the Azores; all of Africa and the islands adjacent thereto; Ascension Island; and that part of Asia lying west of and including Iran.

Area No. 3 means all of Asia and the islands adjacent thereto except that portion included in Area No. 2; all of the East Indies, Australia, New Zealand, and the islands adjacent thereto; and the islands of the Pacific Ocean except those included in Area No. 1.

Board means the Civil Aeronautics Board.

Book tariff means a tariff consisting of pages bound together in book form which conforms with the specifications applicable only to book tariffs.

Bundled Normal Economy Fare means the lowest one-way fare available for unrestricted, on-demand service in any city-pair market.

CRT means a video display terminal that uses a cathode ray tube as the image medium.

Carrier means an air carrier or foreign air carrier subject to section 403 of the Act.

Class rate means a rate which is published to apply on articles or commodities assigned to a numbered class by a classification or an exception thereto.

Consignee means the person whose name appears on the airwaybill as the party to whom the shipment is to be delivered by the carrier.

Contract of carriage means those fares, rates, rules, and other provisions applicable to the foreign air transportation of passengers, baggage, or property, as defined in the Federal Aviation Act.

Direct-service market means an international market where the carrier provides service either on a nonstop or single-flight-number basis, including change-of-gauge.

ECAC agreement means the Memorandum of Understanding between the United States and various member nations of the European Civil Aviation Conference, signed on December 17, 1982, as revised and renewed on October 11, 1984, as further revised and renewed on February 13, 1987, and as may be subsequently further revised and renewed.

Electronic Tariff means an international passenger fares tariff or a special tariff permission application transmitted to the Department by means of an electronic medium, and containing fares for the transportation of persons and their baggage or property, and including such associated data as arbitraries, footnotes, routings, and fare class explanations.

Fare means the amount per passenger or group of persons stated in the applicable tariff for the transportation thereof and includes baggage unless the context otherwise requires.

Fare tariff means a tariff containing fares for the air transportation of person and may include baggage charges and provisions relating thereto.

Field means a specific area of a record used for a particular category of data.

Filer means an air carrier, foreign air carrier, or tariff publishing agent of such a carrier filing electronic tariffs on its behalf in conformity with this subpart.

General commodity rate means a rate which is published to apply on all articles or commodities except those which will not be accepted for transportation under the terms of the tariff containing such rate or of governing tariffs.

General effective date means the effective date shown on the title page of a tariff as required by § 221.31(a)(11), the effective date shown on title page of a supplement as required by § 221.112(b)(8), and the effective date shown on an original or revised page as required by § 221.22(b)(6). Also, see § 221.160.

Item means a small subdivision of a tariff designated as an item and identified by a number, a letter, or other definite method for the purpose of facilitating reference and amendment.

Joint fare or rate means a fare or rate that applies to transportation over the joint lines or routes of two or more carriers and which is made and published by arrangement or agreement between such carriers evidenced by concurrence or power of attorney.

Joint tariff means a tariff that contains joint fares or rates.

Local fare or rate means a fare or rate that applies to transportation over the lines or routes of one carrier only.

Local tariff means a tariff that contains local fares or rates.

Loose-leaf tariff means a tariff consisting of loose-leaf pages and conforming with the specifications applicable to loose-leaf tariffs as set forth in § 221.22.

Machine-Readable Data means encoded computer data, normally in a binary format, which can be read electronically by another computer with the requisite software without any human interpretation.

Official DOT Tariff Database means those data records constituted pursuant to §§ 221.283 and 221.286 of this subpart, which are in the custody of, and are maintained by, the Department of Transportation.

On-line Tariff Database means the remotely accessible, on-line version, maintained by the filer, of (1) the electronically filed tariff data submitted to the official DOT tariff database, and (2) the Departmental approvals, disapprovals, and other actions, as well as any Departmental notation concerning such approvals, disapprovals, or other actions, that subpart W of part 221 requires the filer to maintain in its database.

Original tariff, as applied to a loose-leaf tariff, refers to the tariff as it was originally filed exclusive of any supplements, revised pages, or additional original pages. Original tariff, as applied to a book tariff, refers to the tariff as it was originally filed exclusive of any supplements.

Passenger means any person who purchases, or who contacts a ticket office or travel agent for the purpose of purchasing, or considering the purchase of, air transportation.

Passenger tariff means a tariff containing fares, charges, or governing provisions applicable to the air transportation of persons and their baggage.

Property tariff means a tariff containing rates, charges, or governing provisions applicable to the air transportation of property (other than baggage accompanied or checked by passengers).

Proportional rate (or fare) means a rate (or fare) which may be used only to construct a through combination rate (or fare) on traffic which:

(1) Originates at a point beyond the point from which such proportional rate (or fare) applies, or

(2) Is destined to a point beyond the point to which such proportional rate (or fare) applies, or

(3) Both originates at a beyond point specified in paragraph (1) above and is destined to a beyond point specified in paragraph (2) above.

Proportional tariff or basing tariff means a tariff which contains proportional or basing rates or fares.

Rates means the amount per unit stated in the applicable tariff for the transportation of property, and includes charge unless the context otherwise requires.

Rate tariff means a tariff containing rates and charges for the air transportation of property, other than baggage accompanying or checked by passengers.

SFFL means the Standard Foreign Fare Level as established by the Department of Transportation under section 1002 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1482).

Shipper means the person whose name appears on the airwaybill as the party contracting with, or a person who contacts a carrier, a cargo sales office or agent of a carrier for the purpose of contracting with the carrier for carriage of a shipment.

Specific commodity rate means a rate which is published to apply only on a specific commodity or commodities which are specifically named or described in the item naming such rate or in an item specifically referred to by such rate in the manner prescribed by § 221.75.

Statutory Notice means the number of days required for tariff filings in § 221.160(a).

Tariff publication means a tariff, a supplement to a tariff, or an original or revised page of a loose-leaf tariff, and includes an index of tariffs (subpart L) and an adoption notice (§ 221.230).

Through fare means the total fare from point of origin to destination. It may be a local fare, a joint fare, or combination of separately established fares.

Through rate means the total rate from point of origin to destination. It may be a local rate, a joint rate, or combination of separately established rates.

Ticket/Cargo Sales Office means a station, office, or other location where tickets are sold, or airwaybills or other similar documents are issued, that is under the charge of a person employed exclusively by the carrier, or by it jointly with another person.

Unbundled Normal Economy Fare means the lowest one-way fare available for on-demand service in any city-pair market which is restricted in some way, e.g., by limits set and/or charges imposed for enroute stopovers or transfers.

United States means the several States, the District of Columbia, and the several Territories and possessions of the United States, including the Territorial waters and the overlying air space thereof.

Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Transportation by Air, 49 Stat. 3000.

All tariff publications, powers of attorney, concurrences, revocations of powers of attorney or concurrences, letters of tariff transmittal, Special Tariff Permission applications, waiver applications and all other documents filed with the Board pursuant to this part shall be in the English language.

Tariff publications shall not contain rates, fares, or charges, or their governing provisions, applicable to air transportation which the issuing or participating carriers are not authorized by the Board to perform, except where the Board expressly requests or authorizes tariff publications to be filed prior to the Board's granting authority to perform the air transportation covered by such tariff publications. Any tariff publication filed pursuant to such express request or authorization which is not consistent with section 403 of the Act and this part may be rejected; any tariff publication so rejected shall be void.

(a) Local or joint tariffs. A carrier may issue and file, in its own name, tariff publications which contain:

(1) Local rates or fares of such carrier only and provisions governing such local rates or fares, and/or

(2) Joint rates or fares which apply jointly via such issuing carrier in connection with other carriers (participating in the tariff publications under authority of their concurrences given to the issuing carrier as provided in § 221.210) and provisions governing such joint rates and fares. Provisions for account of an individual participating carrier may be published to govern such joint rates or fares provided § 221.38(k) is complied with.

(b) Issuing officer. An officer or designated employee of the issuing carrier shall be shown as the issuing officer of a tariff publication issued by a carrier, and such issuing officer shall file the tariff publication with the Board on behalf of the issuing carrier and all carriers participating in the tariff publication. (See §§ 221.22(b)(7), 221.31(a)(12), and 221.112(b)(9) for location of issuing officer's name on tariff publications.)

An agent may issue and file, in his or its own name, tariff publications naming local rates or fares and/or joint rates or fares, and provisions governing such rates or fares, for account of carriers participating in such tariff publications, under authority of their powers of attorney given to such issuing agent as provided in § 221.220. The issuing agent shall file such tariff publications with the Board on behalf of all carriers participating therein. Only one issuing agent may act in issuing and filing each such tariff publication.

(a) Except as otherwise provided in this part, tariffs shall contain only the contents prescribed by §§ 221.31 to 221.41, inclusive, which shall be arranged in each tariff in the following order:

(1) Title page (§ 221.31).

(2) Correction number check sheet (loose-leaf tariff only) (§ 221.32).

(3) Table of contents (§ 221.33).

(4) List of participating carriers (§ 221.34).

(5) Explanations of abbreviations, symbols, and reference marks (§ 221.35).

(6) Index of Commodities (property tariff only) (§ 221.36).

(7) Index of points (§ 221.37).

(8) Rules and regulations (§ 221.38).

(9) Classification ratings or exceptions to governing classification ratings (property tariff only) (§ 221.39).

(10) Statement of fares or rates for air transportation (§ 221.40).

(11) Routing (§ 221.41).

(a) Contents. Except as otherwise required in this part, or by other regulatory agencies, the title page of every tariff shall contain the following information to be shown in the order named in paragraphs (a) (1) through (12) of this section and shall contain no other matter:

(1) C.A.B. number. In the upper right-hand corner of the title page, the C.A.B. number of the tariff shall be shown in not less than 12-point bold face type. Except as provided in § 221.224(d), tariffs shall bear consecutive C.A.B. numbers in the series of the issuing carrier or the issuing agent. Each carrier and each agent shall issue and file tariffs consecutively in its own individual series of C.A.B. numbers, commencing with C.A.B. No. 1, and shall use only one series of C.A.B. numbers for all of the tariffs which it issues. Passenger tariffs and property tariffs shall be consecutively numbered in the same series of C.A.B. numbers and a separate series shall not be used for each type of tariff. C.A.B. numbers shall not bear prefixes or suffixes.

(2) Tariff cancellation. In the upper right-hand corner of the title page, immediately below the C.A.B. number, the cancellation of tariffs to be superseded shall be shown in the manner prescribed by § 221.113.

(3) Issuing carrier or agent. The name of the issuing carrier or the name and title of the issuing agent shall be shown in the upper central portion of the title page.

(4) Title of tariff. The title of the tariff, including the issuing carrier's or issuing agent's tariff serial number, if any, shall be shown in the upper central portion of the title page, below the name of the issuing carrier or agent. The title should be descriptive of the type of tariff, for example, Mileage Guide No. 1.

(5) Description of rates, fares, or other contents of tariff. In the central portion of the title page, below the title of the tariff, there shall be shown a statement indicating the kinds or types of rates or fares contained in the tariff or, if the tariff is a governing tariff such as a rules tariff, classification, or mileage guide, a brief description of the tariff's contents shall be shown. Such statement in a fare or rate tariff shall specify:

(i) Whether the tariff contains local fares or rates, joint fares or rates, or local and joint fares or rates.

(ii) If a fare tariff, that the tariff applies on passengers.

(iii) If a rate tariff, the type(s) of rates contained therein such as class, specific commodity, or general commodity rates, or any combination thereof.

(iv) If a fare tariff, the type(s) of fares contained therein, such as normal first class, coach, excursion, or other types of fares, or any combination thereof.

(6) Description of territory. The title page shall contain a brief but reasonably comprehensive description of the territory within which the rates or fares in the tariff apply. The territory shall be described by the names of cities, states, countries, or other definite geographical designations.

(7) Reference to governing tariffs. If a tariff is governed by other tariffs as authorized in this part, such as rules tariffs, mileage guides, and classifications, the title page shall show reference to such governing tariffs (by title, C.A.B. number, and issuing carrier or agent thereof in substantially the following form:

(8) Reference to Special Tariff Permissions, orders, and regulations. Where an entire tariff is issued pursuant to a Special Tariff Permission order, or regulation which requires the tariff to bear a notation referring to such Special Tariff Permission order or regulation, such notation shall be shown in the manner required thereby. If only certain tariff provisions, and not the entire tariff, are issued pursuant to permission, order, or regulation, reference to the permission, order, or regulation shall be shown in connection with such tariff provisions and not on the title page.

(9) Expiration date. If the entire tariff is to expire with a given date, such expiration date shall be shown in distinctive type on the title page in the following manner:

(10) Issued date. The date on which the tariff is issued shall be shown in the lower left-hand portion of the title page in the following manner:

(11) Effective date. The date on which the fares, rates, charges, rules and other provisions in the tariff will become effective shall be shown in the lower right-hand portion of the title page (directly opposite the issued date) in the following manner:

(12) Issuing officer, agent or designee. The name, title and address of the following person shall be shown centered at the bottom of the title page:

(i) The issuing officer (if tariff is issued by a carrier),

(ii) The issuing agent (if tariff is issued by an individual agent),

(iii) The official or employee of a corporate agent designated by such agent to issue and file tariff publications in the corporate agent's name (if tariff is issued by a corporate agent).

(b) Specimen title page. See § 221.248 containing a specimen title page which is shown only for the purpose of illustrating the arrangement of the contents of a title page.

Original Page 1 (page following the title page) of each loose-leaf tariff shall contain a check sheet of correction numbers (see § 221.111(c)). Original Page 1 shall contain no other contents of the tariff unless the tariff contains less than 30 pages. Such check sheet shall consist of the following explanatory provision followed by columns of consecutive correction numbers arranged in numerical order, commencing with No. 1, which shall be shown in the following manner:

The table of contents shall contain a full and complete statement of the exact locations where information in the tariff will be found. Such statement shall show all subjects in alphabetical order and shall show the page number and the number of the item, rule, or unit where each subject will be found. The general headings of the various parts of the tariff, the subjects of individual rules and regulations, and terms descriptive of the application of the sections or tables of fares, rates or charges shall be included in the subjects of the tables of contents. If preferred, a separate index of the rules and regulations may be published immediately following the table of contents, provided the latter makes reference to such index. If a tariff or supplement contains so small a volume of matter that its title page or its interior arrangement plainly discloses its contents, the table of contents may be omitted.

(a) One list of carriers arranged alphabetically. Except as provided in paragraph (e) of this section and in § 221.151, the names of all carriers which participate in a tariff shall be shown in alphabetical order in one list with the power of attorney or concurrence number of each carrier shown opposite its name. If a participating carrier is an individual or partnership doing business under a trade name, the trade name should be shown in its alphabetical sequence in the list of participating carriers followed by the name of the individual or partners in the following manner:

(b) Agent's tariff. Except as provided in paragraph (e) of this section and § 221.151, the list of participating carriers in an agent's tariff shall be published in the following manner:

(c) Carrier's tariff. Except as provided in paragraph (e) of this section, the list of participating carriers in a tariff issued by a carrier shall be published in the following manner:

(d) Restrictions upon participation. Restrictions upon the extent to which a carrier participates in the tariff shall not be shown in the list of participating carriers (as amended) but shall be shown elsewhere in the tariff as authorized by this part.

(e) When powers of attorney or concurrence numbers may be omitted. Powers of attorney numbers and concurrence numbers need not be shown in the tariff as required above by the publishing carrier or agent, provided:

(1) That with the filing of each tariff, a separate alphabetical list of all participating carriers be transmitted to the Board, which list shall include opposite the name of each carrier the current power of attorney or concurrence number under which the carrier participates in the tariff; and

(2) That when revisions of the tariff propose the addition or elimination of any carrier in the tariff, such tariff revision shall be accompanied by a revised alphabetical list showing all participating carriers and specifically indicating additions and cancellations, and such list shall also be filed when there is any change in a power of attorney or concurrence such as a cancellation, revocation, reissue.

(a) Explanation required. Abbreviations, reference marks, and symbols which are used in the tariff shall be explained either on the same page on which they are used or their explanations shall be shown preceding the indexes of commodities and points. Each page on which abbreviations, reference marks or symbols are used but not explained thereon shall refer to the page containing their explanations substantially in the following manner (at the bottom of the page):

(b) Uniform symbols. The following symbols shall be used only in the manner specified in § 221.114 and the following explanations of such symbols shall be used in all tariff publications.

(c) Restrictions on use of certain symbols. The symbols ¢ and $ shall be used only to indicate currencies and shall clearly define the type of currency for which used. The symbol % shall be used only to mean percent.

(d) Prohibited abbreviations, symbols, or reference marks. The following shall be shown in full and shall not be designated by symbols, abbreviations, or reference marks:

(1) Name of an agent.

(2) Name of a carrier (except in the rules or regulations and in the routings and indexes of points).

(3) Name of a city or town (except in routings).

(4) Name of a month when used in issued, effective or expiration dates.

(a) Complete index. Except as provided in paragraph (d) of this section, each property tariff shall contain a complete, alphabetical index of all commodities or articles for which ratings or specific commodity rates are provided in the tariff. Opposite each commodity or article in the index, reference shall be shown to the number of each item (or similar unit, such as group) in which such commodity or article is shown.

(b) Alphabetical arrangement. Commodities shall be arranged in the index in alphabetical order according to their nouns, for example, “wrapping paper” shall be shown and indexed as “paper, wrapping”. If the noun is not sufficiently explicit, the commodity should also be indexed under the adjective as well as under the noun. All of the entries for the same noun should be grouped together and indexed alphabetically first according to the noun and then according to the adjective appearing after the noun, for example, various kinds of paper would be indexed under “paper” in the following manner:

(c) Indexing commodity lists. When a tariff contains specific commodity rates applicable to a list of specific commodities or articles grouped under a generic commodity description heading as authorized by § 221.75, the index of commodities shall show:

(1) Such generic heading or description (in distinctive type) in its proper alphabetical sequence in the index and opposite thereto reference to each item where such generic heading or description is shown including the item which contains the list of commodities under such generic heading;

(2) Each individual commodity or article (named in such list under the generic heading) in its proper alphabetical sequence in the index and opposite thereto reference to each item where such generic heading or description is shown including the item containing the list of commodities under such generic heading.

(d) When index may be omitted—(1) Alphabetical arrangement. The index of commodities may be omitted from a tariff or supplement if all specific commodity rates therein are arranged in alphabetical order (by commodities) in only one alphabetical sequence and all classification or exceptions ratings are arranged in alphabetical order (by commodities) in only one alphabetical sequence (the showing of generic headings in alphabetical sequence will not meet this requirement since individual commodities thereunder would not appear in the required alphabetical sequence). If the index of commodities is omitted under authority of this paragraph, an explanation of the alphabetical arrangement shall be published in the place where the index would have been published, for example:

(2) Less than five pages of commodity descriptions. If the commodity descriptions on which rates or ratings are applicable are shown on not more than four pages of a tariff or supplement, the index of commodities may be omitted from such tariff or such supplement.

(a) Alphabetical index required. Each tariff shall contain an alphabetical index of all points of origin named in the tariff and a separate alphabetical index of all points of destination named in the tariff, except that the points of origin and destination may be included in one alphabetical index when all or substantially all of the rates or fares in the tariff apply in both directions between their respective points. The state, territory, possession, or District of Columbia in which each United States point is located shall be shown in connection with each such point. If the tariff applies to or from foreign countries, the respective country shall also be shown in connection with each and every point in the index except that:

(1) Only the name of the state, possession, territory or the District of Columbia is required to be shown in connection with each point in the United States.

(2) Only the name of the province is required to be shown in connection with each point in Canada.

(3) Only the name of the possession or territory is required to be shown in connection with each foreign point which is situated within a possession or territory of a mother country, for example, Antigua, British West Indies; however, if such point is coextensive with the territory or possession in which it lies, such as Hong Kong, it shall be identified by nationality in the following manner: Hong Kong (British).

(b) When index may be omitted. The index of points may be omitted provided that all points of origin and destination are arranged in alphabetical order throughout the tariff or, if the fares or rates are published in two or more distinct sections or tables, throughout each section or table. Such alphabetical arrangement shall be explained as required by paragraph (c) of this section. In addition, when fares or rates are so arranged in sections or tables, reference to each section or table shall be shown in the table of contents. Tables of rate scale numbers conforming to § 221.80(b)(1) and alphabetical lists of points conforming to § 221.80(c)(1) shall constitute acceptable alphabetical arrangements of points for the purpose of determining whether an index of points may be omitted under the terms of this paragraph. The following arrangements of points shall be considered to be in alphabetical order:

(1) From origin points arranged in alphabetical sequence, to destination points arranged in alphabetical sequence under their respective origin points;

(2) To destination points arranged in alphabetical sequence, from origin points arranged in alphabetical sequence under their respective destination points;

(3) Between one group of points arranged alphabetically as headline points, and another group of different points arranged alphabetically as sideline points under their respective headline points, (but with no fares or rates between points in the same group) as, for example, between United States headline points, on the one hand, and Canadian sidelines points, on the other hand;

(4) Between points shown in a descending alphabetical arrangement in which fares or rates are provided between substantially all points in the fare or rate table as, for example, between headline point A and sideline points B through Z, between headline point B and sideline points C through Z, between headline point C and sideline points D through Z, and continuously descending to the final listing, between headline point Y and sideline point Z. In the above arrangements, points shall be either (i) in alphabetical sequence by points or (ii) in alphabetical sequence first by States (or Canadian provinces) and thence by points grouped under their respective States (or provinces).

(c) Explanation required when index omitted. When the index of points is omitted as provided in paragraph (b) of this section, a comprehensive explanation of the alphabetical arrangement of points must be shown in the place where the index of points would have been published. The following are some examples of such explanations which may be modified to explain the particular alphabetical arrangement employed in the tariff:

(d) When reference to items (or similar units) or pages may be omitted from index. If an index is published in a tariff containing rates or fares for account of two or more carriers, the index of points shall show the carrier or carriers serving each point but may omit reference to each item (or similar unit) or page where each point appears, provided that the tariff conforms with § 221.37(b) and that the explanation of the alphabetical arrangement of points is shown in the heading of the index on each page thereof in the manner set forth in paragraph (c) of this section.

(a) Contents. Except as otherwise provided in this part, the rules and regulations of each tariff shall contain:

(1) Such explanatory statements regarding the fares, rates, rules or other provisions contained in the tariff as may be necessary to remove all doubt as to their application.

(2) All of the terms, conditions, or other provisions which affect the rates, fares, or charges for air transportation named in the tariff.

(3) All the rates or charges for, and the provision governing, terminal services, and all other services which the carrier undertakes or holds out to perform on, for, or in connection with air transportation, except that, in the case of pick-up and delivery services, the tariff need only specify the extent to which the air transportation rates named in the tariff include such services; and, where pick-up and delivery services are provided only at an additional charge, such additional charges shall not be included in the tariffs.

(4) All other provisions and charges which in any way increase or decrease the amount to be paid on any shipment or by any passenger, or which in any way increase or decrease the value of the services rendered to the shipper or passenger.

(5) [Reserved]

(6) For individually ticketed passenger service, the name of each type of aircraft used in rendering such service by manufacturer model designation and a description of the seating configuration (or configurations if there are variations) of each type of aircraft. Where fares are provided for different classes or types of passenger service (that is, first class, coach, day coach, night coach, tourist, economy or whatever other class or type of service is provided under the tariff), the tariff shall specify the type of aircraft and the seating configuration used on such aircraft for each class or type of passenger service. When two or more classes or types of passenger service are performed in a single aircraft, the seating configuration for each type or class shall be stated. The description of the seating configuration of each type of service on each aircraft shall include the following:

(i) The number of seats abreast.

(ii) The maximum and minimum distances in inches from the forward edge of a seat to the forward edge of the seat directly in front thereof (pitch).

(iii) The number of lounge seats.

(iv) The number of lounge seats or other seats withheld from sale and available for passengers’ temporary use during flight. If some or all lounge seats are available for sale under certain conditions, such fact and conditions shall be explicitly stated.

(7) Denied boarding compensation. For carriers subject to part 250, denied boarding compensation as specified in part 250.

(8) For certificated air carriers, the rules and regulations relating to the transportation of persons who may need assistance to evacuate the aircraft during an emergency. All such provisions shall be in conformity with part 121 of the Federal Aviation Regulations (14 CFR part 121), as amended or revised from time to time: Provided, That no provision of the Board's regulations issued under this part or elsewhere shall be construed to permit the filing of any tariff rules limiting or conditioning a carrier's obligation to provide transportation and services in connection therewith upon reasonable request therefor to a person who may require assistance of another person in expeditiously moving to an emergency exit of the aircraft in the event of an evacuation, except as provided for in said part 121.

(b) Rule numbers. Each rule or regulation shall be given a separate designation. The same designation shall not be assigned to more than one rule in the tariff. The rules and regulations shall be shown in the tariff in numerical or alphabetical order. A gap between rule numbers may be allowed for the addition of future rules, for example, the rules in an original tariff may be numbered Rules Nos. 5, 10, 15, etc. When a rule contains more than one paragraph, the paragraphs and subparagraphs shall be consecutively lettered or numbered.

(c) Single subject and caption. Each numbered rule shall be confined to a single subject and shall bear a caption descriptive of the subject matter therein. Such caption shall be shown in distinctive type.

(d) Rules of limited application. A rule affecting only a particular rate, fare, or other provisions in the tariff shall be specifically referred to in connection with such rate, fare, or other provision, and such rule shall indicate that it is applicable only in connection with such rate, fare or other provision. Such rule shall not be published in a separate governing rules tariff.

(e) Clear, explicit, and definite statements required. All rules and regulations shall be stated in clear, explicit, and definite terms. Ambiguous or indefinite terms or language shall not be used. Where the rules and regulations contain any rates or charges or other amounts affecting the charges to be paid on any shipment or by any passenger, such rates, charges, or amounts shall be stated in United States dollars or cents to be applied to a definite unit of weight, measurement, time, currency, or other definite measure. When transportation fares or rates are published in foreign currency under authority of § 221.51(b), any charges or other amounts set forth in rules or regulations may be stated in such foreign currency in addition to the required statement in United States currency, provided that such charges or other amounts in foreign currency are substantially equivalent in value to the respective charges or other amounts stated in United States currency. Where the carrier holds out to perform terminal or other services in connection with air transportation, the rule covering such services shall describe the exact service, state the rates or charges which the carrier will make for such service, and set forth in definite terms the conditions under which the carrier will perform such service. Where a rule provides a charge in the nature of a penalty, the rule shall state the exact conditions under which such charge will be imposed. Rules and regulations shall not contain indefinite statements to the effect that traffic of any nature will be “taken only by special arrangements”, or that services will be performed or penalties imposed “at carrier's option”, or that the carrier “reserves the right” to act or to refrain from acting in a specified manner, or other provisions of like import; instead, the rules shall state definitely what the carrier will or will not do under the exact conditions stated in the rules.

(f) Conflicting or duplicating rules prohibited. The publication of rules or regulations which duplicate or conflict with other rules or regulations published in the same or any other tariff for account of the same carrier or carriers and applicable to or in connection with the same transportation is hereby prohibited.

(g) Separate rules tariff. If desired, the rules and regulations required by this section may be published in separate governing tariffs to the extent authorized and in the manner required by §§ 221.100 through 221.104, and 221.107.

(h) Personal liability rules. No provision of the Board's regulations issued under this part or elsewhere shall be construed to require on and after March 2, 1954, the filing of any tariff rules stating any limitation on, or condition relating to, the carrier's liability for personal injury or death. No subsequent regulation issued by the Board shall be construed to supersede or modify this rule of construction except to the extent that such regulation shall do so in express terms.

(i) Carriers’ extension of credit—passenger tariffs, property tariffs. Air carriers and foreign air carriers shall not file tariffs that set forth charges, rules, regulations, or practices relating to the extension of credit for payment of charges applicable to the air transportation of persons or property.

(j) Notice of limitation of liability for death or injury under the Warsaw Convention. Notwithstanding the provisions of paragraph (h) of this section, each air carrier and foreign air carrier shall publish in its tariffs a provision stating whether it avails itself of the limitation on liability to passengers as provided in Article 22(1) of the Warsaw Convention or whether it has elected to agree to a higher limit of liability by a tariff provision. Unless the carrier elects to assume unlimited liability, its tariffs shall contain a statement as to the applicability and effect of the Warsaw Convention, including the amount of the liability limit in dollars. Where applicable, a statement advising passengers of the amount of any higher limit of liability assumed by the carrier shall be added.

(k) Individual carrier provisions governing joint rates or fares. Provisions governing joint rates or fares may be published for account of an individual carrier participating in such joint rates or fares provided that the tariff clearly indicates how such individual carrier's provisions apply to the through transportation over the applicable joint routes comprised of such carrier and other carriers who either do not maintain such provisions or who maintain different provisions on the same subject matter.

(l) Passenger tariffs; property which cannot lawfully be carried in the aircraft cabin. Each air carrier shall set forth in its tariffs governing the transportation of persons, including passengers’ baggage, charges, rules, and regulations providing that such air carrier receiving as baggage any property of a person traveling in air transportation, which property cannot lawfully be carried by such person in the aircraft cabin by reason of any Federal law or regulation, shall assume liability to such person, at a reasonable charge and subject to reasonable terms and conditions, within the amount declared to the air carrier by such person, for the full actual loss or damage to such property caused by such air carrier.

(a) Classification ratings. Each tariff containing class rates shall list all articles or commodities accepted for transportation together with their applicable ratings in the following manner:

(1) The articles or commodities on which the ratings apply shall be described and listed in an orderly manner, and opposite each article or commodity there shall be shown the class rating applicable to the respective article or commodity.

(2) The articles or commodities shall be listed alphabetically in one sequence throughout the section of class ratings to the greatest extent that is practicable. A group of articles or commodities may be published under a generic commodity heading: Provided, That the generic heading appears in its proper alphabetical sequence in the section of class ratings and that the articles or commodities in such group are listed alphabetically and indented under such generic heading.

(3) The class ratings assigned to the articles or commodities shall be numbered classes corresponding identically to the numbered classes for which class rates are provided. (See § 221.73(c) describing rates on numbered classes.)

(4) Each commodity description and its applicable class rating shall be published in a separate, numbered item. The items shall be shown in numerical order in sequence with other item numbers as may be used in the tariff.

(5) An item shall not state that the rating on any article or commodity will be that applying on another article or commodity, for example, an item shall not provide that “paper wrappers” will take “wrapping paper” ratings. (If “paper wrappers” are to take the same rating as “wrapping paper”, such rating shall be shown in the item listing “paper wrappers”.)

(6) The publication of class ratings which duplicate or conflict with other class ratings is hereby prohibited. Also, class ratings shall not take precedence over other class ratings (except as provided in paragraph (c) of this section).

(7) The following format is suggested for the publication of classification ratings in the tariff containing the class rates, but may be adjusted to conform with the format or context of a particular tariff:

(b) Classification ratings in governing tariff. The classification of articles required by paragraph (a) of this section may be omitted from the rate tariff provided that it is published in its entirety in a separate classification tariff in accordance with §§ 221.100, 221.101, and 221.105.

(c) Exceptions to governing classification ratings. When the classification ratings are published in a separate classification tariff as provided under paragraph (b) of this section and it is found necessary to publish ratings which are exceptions to such classification ratings without canceling the classification ratings, this part of the class rates tariff shall contain the ratings which are exceptions to the ratings in the governing classification tariff. Such exception ratings shall be published in compliance with the following requirements:

(1) The exceptions ratings shall comply with paragraph (a)(1) through (7) of this section, except that the heading reading “Classification Ratings” in paragraph (a)(7) of this section shall be changed to read substantially “Exceptions to Ratings in Governing Classification.”

(2) Exceptions ratings shall be exceptions, in fact, to ratings in the governing classification and shall not be published to cover commodities for which no ratings are provided in the governing classification.

(3) Exceptions ratings restricted to apply from and to or between a small number of points shall not be published to avoid the publication of specific commodity rates from and to or between such points.

(4) The descriptions of the commodities on which the exceptions ratings apply shall conform as closely as possible to the commodity descriptions in the governing classification tariff.

The statement of fares for the air transportation of persons shall be prepared in accordance with the provisions of subpart E. The statement of rates for the air transportation of property shall be prepared in accordance with the provisons of subparts E and F.

(a) Required routing. The route or routes over which each fare or rate applies shall be stated in the tariff in such manner that the following information can be definitely ascertained from the tariff:

(1) The carrier or carriers performing the transportation,

(2) The point or points of interchange between carriers if the route is a joint route (via two or more carriers),

(3) The intermediate points served on the carrier's or carriers’ routes applicable between the origin and destination of the rate or fare and the order in which such intermediate points are served. (This information, however, is not required in those property tariffs which are not subject to rules or other provisions for stopping in transit or to any other provisions which require determining what intermediate points are served via the tariff routing between the origin point and destination point of a rate; nor is it required in passenger tariffs of carriers whose operations are other than over defined routes stated in certificates or permits issued by the Board; nor in charter tariffs.) On an experimental basis, for the purposes of complying with this paragraph, tariffs may include for each carrier a separate map of the carrier's routes, showing intermediate points in the order served.

(b) Individually stated routings—(1) Method of publication. Except as otherwise authorized in paragraphs (c) and (d) of this section, the routing required by paragraph (a) of this section shall be shown directly in connection with each fare, rate or charge for transportation, or in a routing portion of the tariff (following the rate or fare portion of the tariff), or in a governing routing tariff. When shown in the routing portion of the tariff or in a governing routing tariff, the fare or rate from each point of origin to each point of destination shall bear a routing number and the corresponding routing numbers with their respective explanations of the applicable routings shall be arranged in numerical order in the routing portion of the tariff or in the governing routing tariff.

(2) Class of passenger service and aircraft type specified in routing. Where a passenger fare applies via one class of service (or type of aircraft) over a portion of the routing applicable from origin to destination and via a different class or classes of service (or a different type or types of aircraft) over the remainder of the routing, provisions as to the classes of services (or types of aircraft) provided over the respective segments of the routing may be included in the applicable routing published in accordance with paragraph (b)(1) of this section. When routings containing such provisions are published in a separate routing section of the tariff or in a governing routing tariff, the headings of the pages containing fares subject to such routings shall indicate that provisions as to class of service or type of aircraft are set forth in the routing.

(c) Diagrammatic routings. For property rates between United States points, on the one hand, and points in foreign countries or United States Territories or Possessions, on the other hand, the routing information required by paragraphs (a) (1) and (2) of this section may be shown in the form of routing diagrams. A routing diagram consists of a series of connected columns or rectangular figures, each naming or designating a group of points, with carrier routing designated between each pair of consecutive, connected groups, and an explanation of how to use the diagram in determining applicable routings. An illustration of an acceptable form of routing diagram is set forth in Illustration No. 1 at the end of this paragraph. Publication of routing diagrams shall conform to the following requirements:

(1) Each routing diagram shall bear a routing number. Only connected groups shall be included in one diagram.

(2) Routing diagrams shall be published in numerical order, by routing number, in the routing portion of the tariff following the rate portion or in a governing routing tariff.

(3) The pages containing the rates shall refer, by routing number, to the applicable routing diagrams. Where all rates in a tariff, table or section are subject to one routing diagram, such reference may be shown in the heading of each rate page thereof. Otherwise, reference to the applicable routing diagrams shall be shown directly in connection with the respective rates from each origin to each destination.

(4) An explanation of the application and use of each routing diagram shall be published in connection therewith in sufficient detail to enable the applicable routings to be definitely determined.

(5) Groups of points of origin, destination and interchange shall be designated in the diagram by definite geographic terms.

(6) The carriers performing the transportation between each pair of consecutive, connected groups of points in the diagram shall be specifically designated in the routing diagram except that where space limitations make this impractical, such carrier routing may be published in the following manner:

(i) Except as otherwise authorized in paragraph (a)(6)(ii) of this section, the routing between two consecutive, connected groups in the diagram may be shown by referring to a routing chart conforming to the following requirements. Routing charts shall be in tabular form showing the specific points in one group as headline points and the specific points in the other group as sideline points. Headline points shall be arranged alphabetically and the sideline points shall be arranged alphabetically under the respective headline points. Carrier routing between each headline point and each sideline point shall be shown in the intersecting space in the tabular chart. An illustration of such routing chart (using abbreviations to designate carriers) is set forth in Illustration No. 2 at the end of this paragraph.

(ii) Carrier routing between two consecutive, connected groups consisting exclusively of foreign points may be shown either by a routing chart authorized under paragraph (a)(6)(i) of this section or in the following manner. The routing diagram may provide that carrier routing between such groups of foreign points shall be via any single-carrier service and shall refer to the tariff's alphabetical index or list of points of origin and destination to determine the carriers serving the respective points in each group. The latter method of publication may be used only where the tariff contains an alphabetical index or list of points of origin and destination showing the carriers serving the respective points, and only where each carrier indicated by such index or list as serving a pair of points (one in each such group) does in fact maintain service between such pair of points.

(d) [Reserved]

(e) Emergency routing rule. If desired, the following routing rule may be published in property rate tariffs conforming with paragraph (b) or (c) of this section:

(f) Forwarders. The preceding paragraphs of this section do not apply to tariffs of Air Freight Forwarders or International Air Freight Forwarders. Where the rates and charges of two or more forwarders are published in one tariff issued by an agent, the tariff shall clearly indicate in connection with each rate or charge the respective individual forwarder for whom it is published.

All fares, rates, and charges shall be clearly and explicity stated and shall be arranged in a simple and systematic manner. Complicated plans and ambiguous or indefinite terms shall not be used. So far as practicable, the fares, rates, and charges shall be subdivided into items or similar units, and an identifying number shall be assigned to each item or unit to facilitate reference thereto.

(a) Statement in United States currency required. All fares, rates, and charges shall be stated in cents or dollars of the United States except as provided in paragraph (b) of this section.

(b) Statements in both United States and foreign currencies permitted. Rates, fares, and charges applying between points in the United States, on the one hand, and points in foreign countries, on the other hand, or applying between points in foreign countries, may also be stated in the currencies of foreign countries in addition to being stated in United States currency as required by paragraph (a) of this section: Provided, That:

(1) The fares, rates, and charges stated in currencies of countries other than the United States are substantially equivalent in value to the respective fares, rates, and charges stated in cents or dollars of the United States.

(2) Each page containing fares, rates, and charges shall clearly indicate the respective currencies in which the fares, rates and charges thereon are stated, and

(3) The fares, rates, and charges stated in cents or dollars of the United States are published separately from those stated in currencies of other countries. Such separate publication shall be done in a systematic manner and the fares, rates, and charges in the respective currencies shall be published either in separate columns on the same page, or on separate pages, or in separate sections or tables of the tariff.

(a) Specific points of origin and destination. Except as otherwise provided in this part, the specific points of origin and destination from and to which the fares or rates apply shall be specifically named directly in connection with the respective fares or rates. If the tariff names points only in the United States and/or Canada, the respective State, possession, territory or District of Columbia shall be shown in connection with each United States point and the respective province shall be shown in connection with each Canadian point; however, if such tariff applies to scheduled transport service and contains an index of points conforming to § 221.37 (a) or (d), the State, possession, territory, District of Columbia, or Canadian province may be omitted (at publisher's election) from the fare or rate tables except in connection with different points of the same name. If the tariff contains fares or rates applying to or from points in foreign countries (other than or in addition to Canada), the following shall be shown in connection with each point named:

(1) The respective State, possession, territory or District of Columbia in which each United States point is situated, and the respective province in which each Canadian point is situated;

(2) The respective country in which each point is situated except that the country may be omitted (at publisher's election) in connection with United States and Canadian points;

(3) Only the respective possession is required to be shown in connection with each foreign point which is situated within a possession of a mother country, for example, Antigua, British West Indies; however, if such point is coextensive with the possession in which it lies, such as Hong Kong, it shall be identified by nationality in the following manner: Hong Kong (British).

(b) Points taking same fares or rates. The fares or rates applying to (or from) a particular point named in the table of fares or rates may be made to apply to (or from) other points in the following manner. Show such other points in their proper alphabetical order in the rate or fare table and show in connection with each such point a statement that it takes the same fares or rates as apply to (or from) the particular point for which fares or rates are specifically published in the table. If the tariff has an index or list of points, the latter statement may be published in connection with the respective points in the index or list instead of in the rate or fare table. All such statements shall be published uniformly either (1) in the index (or list) or (2) in the table, but not in both.

(c) Directional application. A tariff shall specifically indicate directly in connection with the rates or fares therein whether they apply “from” and “to” or “between” the points named. Where the rates or fares apply in one direction, the terms “From” and “To” shall be shown in connection with the point of origin and point of destination, respectively, and, where the rates and fares apply in both directions between the points, the terms “Between” and “And” shall be shown in connection with the respective points.

(a) Tariff publications containing rates or fares for air transportation shall specify whether or not they include additional services in one or more of the following ways:

(1) The tariff shall indicate that rates or fares include pick-up, delivery, or other services, explicitly defining the services to be furnished, and defining areas or points within or between which the services will be performed; or

(2) The tariffs shall indicate that the rates or fares apply from airport-to-airport and that the carrier does not perform additional services; or

(3) The tariff shall indicate that the rates or fares apply only from airport-to-airport but that additional services are furnished subject to additional charges, and, except for pick-up and delivery services, the tariff shall set forth charges for all other services and other provisions applicable thereto, as required by § 221.38, clearly and explicitly specifying the extent to which such services will be furnished.

(b) The above requirements shall not be construed as precluding the publication of rates or fares for air transportation which include pick-up or delivery service at certain specified points or areas within the pick-up and delivery zone of the airport city of origin or destination but subject to a further provision that pick-up or delivery service will be provided at other specified areas or points within the same pick-up and delivery zone only upon payment of an additional charge.

(c) The airport-to-airport application of rates or fares for air transportation and the statements as to the extent to which such rates or fares include pick-up, delivery or other accessorial services shall be published in the rate or fare tariff and not in a governing tariff. However, the definitions of such services, the definitions of areas or points within or between which such services will be performed, and the rates or charges for such services (when not included in the air transportation rates or fares) may be published in a governing rules tariff conforming to § 221.102, except that additional charges for pick-up and delivery services shall not be included in the tariffs.

A rate applying locally over the lines of one carrier or jointly over the lines of two or more carriers shall include transfer service at interchange points unless the tariff otherwise provides. In the case the transfer service is not included, the tariff containing such rates shall state that such transfer service is not included or is provided at a specified additional charge.

(a) Definite application. Proportional fares or rates shall be specifically designated as “proportional” fares or rates on each page where they appear. Subject to paragraph (b) of this section, proportional fares or rates shall be specifically restricted to apply:

(1) Only on traffic which:

(i) Originates at a point of origin beyond the point from which the proportional fare or rate applies, or

(ii) Is destined to a point of destination beyond the point to which the proportional fare or rate applies, or

(iii) Both originates at a beyond point specified in paragraph (a)(1)(i) of this section and is destined to a beyond point specified in paragraph (a)(1)(ii) of this section.

(2) Only when the passenger is transported on a through ticket or the shipment is transported on a through air waybill or other form of transportation contract or document covering the through transportation from and/or to such beyond points, or, with respect to foreign air transportation, when such through ticket or through air waybill, or other form of through transportation contract or document cannot be issued, the tariff shall provide that the proportional fare or rate may be used only upon presentation by the passenger or shipper of clear and convincing evidence that the passenger or shipment has been or will be transported from and/or to such beyond points.

(b) Restrictions upon beyond points or connecting carriers. If a proportional fare or rate is intended for use only on traffic originating at and/or destined to particular beyond points or is to apply only in connection with particular connecting carriers, such application shall be clearly and explicitly stated directly in connection with such proportional fare or rate.

(a) A tariff may provide that rates or fares from (or to) particular points shall be determined by the addition of arbitraries to, or the deduction of arbitraries from, rates or fares therein which apply from (or to) a base point. An arbitrary is a specific amount in dollars or cents published specifically for application in the above manner. Provisions for the addition or deduction of such arbitraries shall be shown either directly in connection with the fare or rate applying to or from the base point or in a separate provision which shall specifically name the base point. The tariff shall clearly and definitely state the manner in which such arbitraries shall be applied. In the case of arbitraries applicable to the transportation of property, the arbitraries shall be published in the same units of currency and rate as those in which the base rates are stated, and shall be stated to apply on the same minimum quantities (or quantity groups) as those on which the base rates apply.

(b) The tariff shall state definitely whether the arbitraries are to be added to, or deducted from, the fares or rates applying from (or to) the base points (for example, it may provide in effect that the arbitraries shall be added to the fares or rates applying from (or to) the base points except that those arbitraries bearing a particular reference mark, such as a minus sign (^), shall be deducted from such base fares or rates). In some circumstances, it may be necessary to publish a zero amount “0” in the table of arbitraries; in this event, the tariff shall state definitely that the fare or rate applying from (or to) the base point shall also apply from (or to) the point taking the zero amount in the arbitrary table without the addition or deduction of an arbitrary.

(a) Fares or rates for air transportation of persons or property shall not be stated in the form of percentages, multiples, fractions, or other relationships to other fares or rates except to the extent authorized in paragraphs (b), (c), (d), and (e) of this section with respect to passenger fares and baggage charges and in subpart F with respect to property rates.

(b) A basis of fares for refund purposes may be stated, by rule, in the form of percentages of other fares.

(c) Transportation rates for the weight of passengers’ baggage in excess of the baggage allowance under the applicable fares may be stated, by rule, as percentages of fares, provided reference is made to a conversion table complying with paragraph (e) of this section for the purpose of determining the amounts of such rates in dollars or cents represented by the published percentages of the fares.

(d) Children's fares, round-trip fares, or other types of fares may be stated, by rule, as percentages of other fares published specifically in dollars and cents (hereinafter referred to as base fares): Provided, That:

(1) Fares stated as percentages of base fares shall apply from and to the same points, via the same routes, and for the same class of service and same type of aircraft to which the applicable base fares apply, and shall apply to all such base fares in a fares tariff or designated section or table of a fares tariff except that:

(i) If the base fares are published for account of two or more participating carriers, such percentage fares may be restricted to apply for account of only certain participating carriers. If such carriers participate in joint base fares, the extent to which such restricted percentage fares apply to the joint base fares shall be clearly indicated.

(ii) If the base fares are named between points in the continental United States and points outside thereof, such percentage fares may be restricted territorially to apply between, within, or from and to any of the following areas (but not portions of a single area):

(2) Fares shall not be stated as percentages of base fares for the purpose of establishing fares applying from and to points, or via routes, or on types of aircraft, or for classes of service different from the points, routes, types of aircraft, or classes of service to which the base fares are applicable.

(3) Fares stated as percentages of base fares shall refer to a conversion table complying with paragraph (e) of this section for the purpose of determining the amounts of such fares in dollars and cents represented by the published percentages of the base fares.

(e)(1) A conversion table shall be published in the fares section of the tariff containing the base fares or, if that tariff is governed by a rules tariff, the table may be published after the last rule therein. The conversion table shall contain in the first column, in numerical order ranging from the lowest to the highest amounts, the amounts of all the base fares on which the percentages are to be applied. Each of the other columns shall be captioned with a percentage corresponding to a percentage in which a fare is stated. In each of the percentage-captioned columns and directly opposite each base fare, the amount in dollars or cents represented by the stated percentage of the respective base fare shall be shown. Such columns shall be arranged in numerical order (according to percentage). A clear and definite explanation of how to use the conversion table shall be shown in connection therewith.

(2) Instead of showing in the first column all base fares from the lowest to the highest, the table may contain in the first column $0.05 and all multiples thereof to and including $1.00 and all multiples of $1.00 to and including $100.00 with a plainly stated rule for using, in combination, amounts ascertained in the percentage columns for the separate portions of the base fare. The rule shall provide, for example, that if the base fare is $7.65, the percentages for $7.00 and $0.65 are to be ascertained separately and combined.

The publication of rates or fares of a carrier which duplicate or conflict with the rates or fares of the same carrier published in the same or any other tariff for application over the same route or routes is hereby prohibited.

Except as specifically authorized otherwise in this part, a tariff containing rates or fares shall not contain nor be made subject to any tariff provisions to the effect that rates or fares in such tariff take precedence over or apply alternatively with other rates or fares in the same or any other tariff, or that the rates or fares in any other tariff take precedence over or alternate with the rates or fares in such tariff.

(a) Lowest combination fare or rate applicable. Where no applicable local or joint fare or rate is provided from point of origin to point of destination over the route of movement, whichever combination of applicable fares or rates provided over the route of movement produces the lowest charge shall be applicable, except that a tariff may state that a fare or rate cannot be used in any combination or in a combination on particular traffic or under specified conditions, provided another combination is available.

(b) Date governing combination fares or rates. A combination fare or rate for through transportation shall be treated as a unit (single-factor fare or rate) from point of origin to final destination. The combination fare or rate applied shall be the combination of the intermediate fares or rates in effect on the date on which the passenger begins his transportation or shipment was received by the carrier and all of the rules and other tariff provisions applicable to each intermediate fare or rate in effect on such date shall be observed and cannot be varied as to that passenger or shipment during the period of transportation to final destination; except that in foreign or overseas air transportation, carriers may, by appropriate tariff rules, provide for application of combination fares in effect on date of sale of ticket for transportation commencing not later than 30 days after the effective date of an increase in any intermediate fares when such transportation is sold prior to the issue date of tariffs stating increased fares, and provided that each factor of the combination is subject to like tariff provisions.

(a) All rates for the air transportation of property shall be clearly and explicitly stated in cents or dollars per pound, per 100 pounds, per kilogram, per ton of 2,000 pounds, per ton of 2,240 pounds, per United States gallon, or other definite unit of weight, meas-urement or value except that:

(1) [Reserved]

(2) Rates stated to apply on specific types of animals may be stated in cents or dollars per animal.

(b) When rates are stated in units of cubical measurement, such as per cubic foot, the tariff containing such rates, or its governing rules tariff, shall explicitly state how the cubical measurement of the articles shipped (including irregular shaped articles) is to be determined.

(c) Rates shall not be stated to apply per package or other shipping unit unless definite specifications as to size, weight, or capacity of the package or other shipping unit is specified in the tariff. This rule does not prohibit the publication of charges or rates other than by units for accessorial services performed by the carrier.

(a) Quantities shall be specified. When rates for the air transportation of property are to apply only on particular quantities, such quantities shall be specified in the tariff in connection with the rates or, in the case of class rates, they may be stated in connection with the class ratings. Such quantities shall be stated in the same unit of weight or measurement as the rate; for example, rates stated in cents per pound shall be subject to minimum weights in pounds, rates stated in cents per kilogram shall be subject to minimum weights in kilograms. The published quantities to which rates are subject may be stated as minimum quantities (for example, minimum weight __ pounds), or they may be stated in the form of quantity groups (for example, weight groups of “under 100 pounds”, “100 pounds and over but less than 3,000 pounds”, “3,000 pounds and over but less than 10,000 pounds”, and “10,000 pounds and over”). These particular weights are shown for purposes of illustration only. This provision does not prohibit the publication of specific minimum charges in lieu of or in addition to minimum quantities.

(b) Different rates subject to different quantities. Different rates on the same commodities from and to the same points subject to different minimum quantities or quantity groups may be published provided the following requirements are complied with:

(1) A lower rate shall be provided on a greater minimum quantity or quantity group.

(2) A tariff containing such rates or its governing rules tariff shall contain a rule to the effect that when two or more rates subject to different minimum quantities are provided on the same commodity in the same shipping form from and to the same points over the same route, the lower of the two charges specified under paragraph (b) (2) (i) and (ii) of this section shall be applied:

(i) The charge computed on the quantity shipped at the rate applicable to such quantity, or

(ii) The charge computed on the next greater quantity, for which a lower rate is provided at the rate applicable to such greater quantity.

(3) All such rates of the same type (class, specific commodity, or general commodity) applying on the same commodities from the same point of origin to the same point of destination via the same route shall be published together continuously on one page or two or more successive pages or in one item, except as otherwise authorized in paragraph (c) of this section. This does not waive the requirements of § 221.75(b) as to publishing specific commodity rates in numbered items.

(c) Volume rate conversion table. Rates meeting the requirements of paragraph (b) of this section may be published in the following manner. Where a rate table names rates subject to a definite minimum weight, for example, “minimum weight 100 pounds,” lower rates for greater minimum weights may be published in a separate conversion table substantially in the following form:

(a) Types permitted. Except as otherwise authorized in this part, only the following types of rates shall be published to apply on the air transportation of property:

(1) Class rates (see § 221.73).

(2) General commodity rates (see § 221.74).

(3) Specific commodity rates (see § 221.75).

(b) Order of publication in same tariff. If both general commodity rates and specific commodity rates are published in the same tariff, the general commodity rates shall be published in tables or sections preceding the specific commodity rates. If both class rates and specific commodity rates are published in the same tariff, the class rates shall be published in tables or sections preceding the specific commodity rates.

(a) Captions. Class rates shall be published under the caption “Class Rates” to be shown on each page containing such rates.

(b) Governing classification and exceptions thereto. A tariff of class rates shall contain a classification which shall assign a class rating to each specific article or commodity as required by § 221.39(a) or shall be governed by a separate tariff containing such class ratings (see § 221.105). Also, the class rates may be made subject to exceptions to the ratings in the governing tariff as provided in § 221.39(c).

(c) Rates may be published on specified classes; percentage relationship. (1) Class rates may be published for specified classes which shall correspond identically to the classes assigned to the various articles or commodities by the classification or exceptions thereto and on which such rates are applicable.

(2) The classes shall be specified, for example:

(d) Arrangement. The rates for each class shall be published in a single column and each column shall be captioned with its respective class. The columns shall be arranged on each page in the order of the classes ranging from the class taking the highest rates (to be published in the first rate column) to the class taking the lowest rates (to be published in the last rate column).

(a) General commodity rates. General commodity rates shall be published under the caption “General Commodity Rates.” Such caption shall be shown on each page containing such rates. Each tariff which contains general commodity rates shall contain a rule captioned “Application of General Commodity Rates” which shall provide that the general commodity rates apply on all commodities except those which will not be accepted for transportation under the terms of the tariff or of governing tariffs. Each rule shall be published in the tariff containing the general commodity rates and not in a governing tariff. If it is desired to establish a rate on a particular commodity different from the general commodity rate, an exception rating to the general commodity rate (see paragraph (b) of this section) or a specific commodity rate (see § 221.75) shall be published on such commodity.

(b) Exception ratings to general commodity rates. Exception ratings to general commodity rates may be stated as percentages of general commodity rates applying from and to the same points over the same route or routes provided the following requirements are complied with:

(1) Such exception ratings shall be published under the caption “Exception Ratings to General Commodity Rates (stated as percentages of the General Commodity Rates)”. Such caption shall be shown on each page containing the exception ratings.

(2) Such exception ratings shall be published in numbered items in the same tariff naming the general commodity rates to which they are exceptions, and shall follow the general commodity rates and precede specific commodity rates (if published therein) in the order of the tariff's contents.

(3) Such exception ratings shall be published to apply only on specific articles or commodities which shall be named directly in connection with the applicable exception ratings.

(4) Each exception rating shall be stated as a single percentage of the general commodity rates for all quantities on which the general commodity rates apply. However, where the general commodity rates vary according to the different quantities on which they apply, exception ratings may be stated as percentages of one or more of such general commodity rates provided the quantities to which the exception ratings apply are specifically stated.

(5) Such exception ratings shall not be published unless they are to apply from and to or between all of the points for which general commodity rates are provided in the tariff or in a designated table or section of the tariff except:

(i) If the tariff names general commodity rates for account of two or more carriers, such exception ratings may be restricted to apply for account of only certain carriers. If the tariff names joint general commodity rates in which such carriers participate, the tariff shall clearly indicate the extent to which such restricted exception ratings apply in connection with the joint general commodity rates.

(ii) If the tariff names general commodity rates between points in the continental United States and points outside thereof, such exception ratings may be restricted territorially to apply between, within, or from and to any of the following areas (but not portions of a single area):

(6) Such exception ratings shall refer to a conversion table in the same tariff complying with paragraph (b)(7) of this section for the purpose of determining the rates in cents or dollars represented by the exception rating percentages of the general commodity rates.

(7) A conversion table shall be published immediately following such exception ratings. The conversion table shall contain in the first column, in numerical order ranging from the lowest to the highest amounts, the amounts of all of the base general commodity rates on which the percentages are to be applied. Each of the following columns shall be captioned with a percentage corresponding to a percentage in which an exception rating is stated. In each of the latter columns and directly opposite each base rate, the amount in cents or dollars represented by the stated percentage of the respective base rate shall be shown. Such columns shall be arranged in numerical order (according to percentages). A clear and definite explanation of how to use the conversion table shall be shown in connection therewith. Instead of showing in the first column all base general commodity rates from the lowest to the highest, the table may contain in the first column all amounts from $0.01 to $1.00 and all multiples of $1.00 to and including $50.00 with a plainly stated rule for using in combination amounts ascertained in the percentage column for separate portions of the general commodity rate. The rule must provide, for example, that if the general commodity rate is $2.77, the percentages for $2.00 and $0.77 are to be ascertained separately and combined.

(a) Applicable on specific articles or commodities named in tariff. Specific commodity rates shall be published to apply only on specific articles or commodities which shall be specifically named in the tariff. Generic commodity descriptions shall not be used except to the extent permitted in paragraph (c) in this section. The commodity descriptions shall be set forth directly in connection with the respective rates to which they apply, except as otherwise provided in this section. Specific commodity rates shall apply only on the specific articles or commodities on which they are indicated by the tariff to apply and shall not apply on analogous articles or commodities. As far as possible, uniform commodity descriptions shall be use in all tariffs.

(b) Page caption and numbered items. Specific commodity rates shall be published under the caption “Specific Commodity Rates” to be shown on each page containing such rates. Specific commodity rates shall be published in numbered items except as otherwise provided in paragraph (d) in this section. Two or more commodities taking different specific commodity rates from and to the same points shall not be published in the same item. When an item containing specific commodity rates is continued to a successive page or pages, either the commodity description shall be repeated on each such successive page or the commodity description may be omitted from each such successive page provided such page refers to the commodity description in the following manner:

(c) When generic commodity descriptions may be used. A generic commodity description may be used in connection with a specific commodity rate to designate a number of specific commodities or articles embraced within such generic description, without naming such specific commodities or articles in connection with the rate: Provided, That the following requirements are complied with:

(1) The generic commodity description shown in connection with the rate shall refer to a numbered item (other than a rate item) in the same tariff which contains a list of the specific commodities or articles embraced within such generic commodity description and on which the rate will apply. The generic commodity description shall be shown in connection with the rate exactly as it appears in the heading of the item to which reference is made. Such generic commodity description and reference to the description item in the same tariff shall be shown in connection with the rate substantially in the following manner:

(2) The item to which such reference is made in accordance with paragraph (c)(1) of this section shall show:

(i) The same generic commodity description as a heading and the list of specific articles or commodities on which the rate is to apply, arranged in alphabetical order under such generic heading. For example, if the rate is indicated to apply on “Abrasives, as described in Item No. __, as amended”, the item to which such reference is made shall contain the following heading: “Abrasives, namely:” and the specific abrasives on which the rate is to apply shall be named in alphabetical order and indented under such heading, for example:

(ii) The same generic commodity description as a heading followed by an explicit explanation of the application of the generic description.

(3) The items containing the lists of specific commodities or articles under their respective generic headings shall be published immediately preceding the rates sections or tables in the tariff, and shall be published under a heading (on each page) which shall provide that such commodity descriptions are applicable only when and to the extent that reference is made to such commodity descriptions. Each such list of articles or commodities under a generic heading shall be published in a separate item.

(4) The method of publication authorized in this paragraph shall not be used when a specific commodity rate applies on less than ten specific commodities or articles embraced within a generic commodity description. In such cases, the specific commodities or articles shall be named in connection with the rate.

(d) Commodity descriptions published separately from rates when latter arranged alphabetically by points. When all specific commodity rates in a tariff are published in tabular form and all points of origin and destination are arranged alphabetically in conformance with § 221.37(b) (1) through (4) throughout the table of specific commodity rates, the commodity descriptions applicable to such rates may be published separately provided the following requirements are complied with:

(1) The full commodity descriptions shall be published in numbered items (other than rate items) immediately preceding the table of specific commodity rates.

(2) The items containing the commodity descriptions shall be published under a heading (on each page) which shall state that such commodity descriptions apply only in connection with and to the extent that reference is made thereto by the specific commodity rates on pages __ through __ (or, in § __) of the tariff.

(3) Directly in connection with each specific commodity rate, reference shall be shown to the respective item containing the description of the specific commodities or articles on which such rate applies.

(a) Exception ratings to general commodity rates versus general commodity rates. When both general commodity rates and exception ratings to general commodity rates (stated as percentages of the general commodity rates) are published to apply from and to the same points via the same routes, the tariffs containing such rates and exception ratings (or their governing rules tariffs) shall contain a rule reading as follows:

(b) Specific commodity rates versus general commodity rates and exceptions to general commodity rates. When specific commodity rates, general commodity rates and exception ratings to general commodity rates (stated as percentages of the general commodity rates) are published to apply from and to the same points via the same routes, the tariffs containing such rates and exception ratings (or their governing rules tariffs) shall contain a rule reading as follows:

(c) Specific commodity rates versus class rates. When both specific commodity rates and class rates are published to apply from and to the same points via the same routes, the tariffs containing such rates (or their governing rules or classification tariffs) shall contain a rule reading as follows:

(a) Rates will apply on straight or mixed shipments unless restricted. When a rate is subject to a commodity description which names two or more commodities, such rate shall apply on a straight shipment (consisting wholly of only one of the commodities) or on a mixed shipment (containing two or more of the commodities), unless the commodity description specifies that the rate applies on the commodities in straight shipments only or on the commodities in mixed shipments only. If a rate is restricted to apply only on mixed shipments, the restriction shall specify whether two or more or all of the commodities named in the applicable description must be included in a single shipment.

(b) Mixed shipment rule. Each rate tariff (or its governing rules or classification tariff) shall contain a rule stating how the rates and charges are to be applied to a single mixed shipment of two or more commodities for which the same or different rates or charges are separately published. The rule shall state which minimum quantity is applicable to the entire mixed shipment where different minimum quantities are provided on the commodities in a mixed shipment and, if different rates are made applicable to the commodities in such mixed shipment, the rule shall state which rate is applicable to any deficit quantity (the difference between the quantity shipped and the applicable minimum quantity when the latter is greater).

(a) When to be used. In lieu of publishing the points of origin and destination directly in connection with the rates as required by § 221.52(a), the rate scale method of publication may be employed in the manner authorized by either paragraph (b) or (c) of this section. The rate scale method will normally reduce the volume of publication where a rate tariff names numerous points of origin and destination for class rates, general commodity rates or rates on one specific commodity (or one group of specific commodities taking the same rates) and the same rate or rates apply in many instances between different points of origin and destination. Where such conditions do not exist, the rate scale method shall not be used and the points of origin and destination shall be shown directly in connection with the rates as required by § 221.52(a) which results in a more simplified tariff format. When the rate scale method authorized by this section is employed, the volume rate conversion table method of publication under § 221.71(c) shall not be used.

(b) Rate scale method without zone numbers. The rate scale method without zone numbers consists of publishing two tables, namely, a table of rate scale numbers showing the rate scale number applicable between each point of origin and each point of destination and referring to a table of rates to determine the applicable rates for the respective rate scale numbers, and a table of rates listing such rate scale numbers (in numerical order) and showing the applicable rates for each rate scale number. Such tables shall conform to the following requirements:

(1) Table of rate scale numbers. The table of rate scale numbers shall be published immediately preceding the table of rates. The points of origin and destination shall be arranged in alphabetical order, conforming with § 221.37(b) (1) through (4), in the table of rate scale numbers which shall show the rate scale number applying from each point of origin to each point of destination (or applying between such points). All such pairs of points taking the same rates shall be assigned the same rate scale number. The heading on each page of the table shall refer to the table of rates substantially in the following manner: “To determine rates for the applicable rate scale number, refer to Section __.”

(2) Table of rates. The rate scale numbers shall be arranged in the table of rates in numerical order (from lowest to highest) and the rates for each rate scale number shall be shown directly in connection with the respective rate scale number. The rates shall conform to all requirements of this part. The heading on each page of the table shall refer to the table of rate scale numbers substantially in the following manner: “To determine the applicable rate scale number, refer to Section __.”

(c) Rate scale method with zone numbers. The rate scale method with zone numbers may be used where, in addition to the rate situations mentioned in paragraph (a) of this section, the points of origin and destination fall into zones with all points in each zone taking the same rates (common rated points). It shall not be used where such common rated points are not extensive, or where the method of publishing common rated points authorized by § 221.52(b) is used. The rate scale method with zone numbers consists of three parts, namely, an alphabetical index or list of origin and destination points showing the rate zone number assigned to each point, a table of rate scale numbers showing the rate scale number applicable between each pair of zone numbers (arranged in numerical order in headline and sideline format), and a table of rates which lists the rate scale numbers (in numerical order) showing the applicable rates for each rate scale number. Such tables shall conform to the following requirements:

(1) Alphabetical index or list of points showing zone numbers. A zone number shall be assigned to each and every point of origin or destination. Points taking the same rates shall be assigned the same zone number. Such zone numbers shall be published in a column captioned “Zone Number” in the index of points or, if the tariff contains no index of points, in an alphabetical list of origin and destination points placed immediately preceding the table of rate scale numbers. If such list or index of points is published in a tariff containing rates for account of two or more carriers, such list or index shall also show the carrier or carriers serving each respective point. The heading of each page of such index or list of points shall refer to the table of rate scale numbers substantially in the following manner: “To determine applicable rate scale numbers, refer to Section ____.”

(2) Table of rate scale numbers. The table of rate scale numbers shall be published immediately preceding the table of rates. The zone numbers assigned to the points of origin and destination shall be arranged in numerical order in headline and sideline format in the table of rate scale numbers which shall show the rate scale number applying between each headline zone number and each sideline zone number (or from each headline zone number to each sideline zone number, or in the reverse direction). All such pairs of zone numbers taking the same rates shall be assigned the same rate scale number. The heading on each page of the table shall refer to the index or list of points substantially in the following manner: “To determine the zone numbers of the points of origin and destination, refer to Section ____”, and shall also refer to the table of rates substantially in the following manner: “To determine rates for the applicable rate scale number, refer to Section ____.”

(3) Table of rates. The table of rates shall conform to the requirements of paragraph (b)(2) of this section.

(d) Routing. When the rate scale method of publication makes it impossible to show comprehensibly the required routing provisions directly in connection with the rates in accordance with § 221.41, such routing provisions shall be shown directly in connection with each respective rate scale number in the table of rate scale numbers. If the routing provisions cannot be indicated comprehensibly under the above methods, the rate scale method of publication shall not be used.

(a) Reference to other tariffs, etc., prohibited except as authorized. A tariff shall not refer to nor provide that it is governed by any other tariff, document, or publication, or any part thereof, except as specifically authorized by this part.

(b) Reference by rate or fare tariff to governing tariffs. A fare tariff or a rate tariff may be made subject to a governing tariff or governing tariffs authorized by this subpart: Provided, That reference to such governing tariffs is published in the rate tariff or fare tariff in the manner required by § 221.31(a)(7).

(c) Participation in governing tariffs. A rate tariff or a fare tariff may refer to a separate governing tariff authorized by this subpart only when all carriers participating in such rate tariff or fare tariff are also shown as participating carriers in the governing tariff: Provided, That:

(1) If such reference to a separate governing tariff does not apply for account of all participating carriers and is restricted to apply only in connection with local or joint rates or fares applying over routes consisting of only particular carriers, only the carriers for whom such reference is published are required to be shown as participating carriers in the governing tariff to which such qualified reference is made.

(d) Maximum number of governing tariffs. A single fare tariff or a single rate tariff shall not make reference to conflicting governing tariffs.

(a) Contents. Each governing tariff authorized by this subpart shall contain the following contents in the order named (in addition to the contents specified in the following respective sections of this subpart):

(1) Title page (§ 221.31).

(2) Correction number check sheet (in loose-leaf tariffs only) (§ 221.32).

(3) Table of contents (§ 221.33).

(4) List of participating carriers (§ 221.34).

(5) Explanations of abbreviations reference marks, and symbols (§ 221.35).

(6) The contents specified in §§ 221.102 through 221.108, whichever section is applicable to the particular type of governing tariff. The contents specified in two or more of such sections shall not be combined into one governing tariff except that a governing rules tariff authorized by § 221.102 may include the contents specified in §§ 221.103 and 221.107.

(b) Notation to be shown on title page. Each governing tariff authorized by this subpart shall contain the following notation in distinctive type (to be shown above the issued and effective dates in the lower part of the title page):

Carriers may publish all the rules and regulations as required by § 221.38, in separate governing tariffs, conforming to §§ 221.100 and 221.101, instead of being included in the rate tariffs or fare tariffs.

Carriers may publish rules and regulations governing the transportation of explosives and other dangerous or restricted articles in separate government tariffs, conforming to §§ 221.100 and 221.101, instead of being included in the fares or rate tariffs or in the governing rules tariff authorized by § 221.102. This separate governing tariff shall contain no other rules or governing provisions.

(a) Requirements. When the classification ratings required by § 221.39(a) are published in a separate classification tariff pursuant to § 221.39(b), such separate classification tariff shall conform with §§ 221.100 and 221.101 and the requirements in this section.

(b) Index of commodities. Each classification tariff shall contain an index of commodities conforming with § 221.36.

(c) Rules or regulations. Each classification tariff shall contain such rules or regulations as may be necessary to make the application of the classification ratings clear and definite. If the classification tariff is published for account of more than one carrier, any exceptions to such rules or regulations for account of a particular carrier shall be published in the tariff containing the class rates of that carrier.

(d) Classification ratings. All articles or commodities accepted for transportation shall be listed together with their applicable class ratings in the manner described in § 221.39 (a) (1) through (6). Any exceptions to the classification ratings shall be published in the tariffs containing the class rates governed by such classification tariff (see § 221.39(c)).

If desired, the seating configuration data required by § 221.38(a)(6) may be published in a separate governing aircraft equipment tariff conforming to §§ 221.100 and 221.101 in lieu of publishing such data in the fare tariff or in the governing rules tariff authorized by § 221.102. Such aircraft equipment tariff may also include other definite data concerning the respective configurations, capacities or other physical characteristics of the various types of aircraft to the extent that such data are pertinent to the application of fares or charges in tariffs governed thereby. The seating configuration and other aircraft equipment data shall be arranged in a simple and systematic manner.

Carriers may publish other types of governing tariffs not specified in this subpart, such as routing guides.

(a) Loose-leaf tariffs. Amendment of a loose-leaf tariff shall be made only by (1) issuing revised pages or additional original pages to such tariff as provided in § 221.111, or (2) reissuing the tariff, that is, issuing a new tariff canceling completely the tariff to be amended. Supplements shall not be issued to a loose-leaf tariff except as specifically authorized in this part.

(b) Book tariffs. Amendment of a book tariff shall be made only by (1) issuing supplements to such tariff as provided in § 221.112, or (2) reissuing the tariff, that is, issuing a new tariff canceling completely the tariff to be amended.

(c) Who may amend. A tariff shall be amended only by the carrier or agent who issued the tariff (except as otherwise authorized in subparts S and T).

(d) Amendment symbols. All amendments of rates, fares, rules, and other tariff provisions accomplished by tariffs, supplements, revised pages, or original pages shall be indicated by the use of uniform amendment symbols in the manner prescribed by § 221.114.

(e) Amendments involving suspension. All amendments involving tariff provisions suspended by the Board or continued in effect by such suspension are also subject to the requirements of subparts I, J, and K.

(a) Amendment by revised pages—(1) Method. The amendment of any page of a loose-leaf tariff shall be made by reissuing the particular page upon which the change, addition or cancellation is to be made. Reissuing a page means to cancel it by a new page which shall be designated as a revised page in the manner shown in paragraphs (a) (2) and (3) of this section and shall contain the same tariff provisions except for whatever additions, changes, or cancellations are to be made in such provisions. Where provisions are to be amended on only one of two pages published back-to-back on the same leaf, both pages shall be reissued on lawful notice, and the page containing no changes shall bear the notation “NO CHANGE OF THIS PAGE” at its top.

(2) Revised page numbers. Each revised page shall bear the same page number as the page which it amends and shall bear a consecutive revision number. A revised page which amends an original page shall be designated “1st Revised Page __” and revisions of the same page subsequent to the 1st revision shall bear consecutive revisions numbers: “2nd Revised Page __ ”, “3rd Revised Page __”, “4th Revised Page __”, etc.

(3) Page cancellation. Each revised page shall direct the cancellation of the original or revised page which it amends and such cancellation shall be shown in the following manner (using page 10 as an example):

(4) Revised title page shall show effective date of original tariff. Each revised title page shall bear (immediately below its own effective date) the effective date of the original tariff which is to be shown in the following manner:

(5) Revised title page shall bring forward tariff cancellation. Each revised title page shall bring forward without change any tariff cancellation or reference to a cancellation notice that is shown below the tariff's C.A.B. number on the original title page.

(b) Adding original pages for expanded or added matter. If, after a loose-leaf tariff has been issued, it becomes necessary to add pages thereto to provide for expanded or added tariff matter, such added page shall comply with the following requirements:

(1) A page added between pages shall be designated as an original page (not a revised page) and shall be given the same page number as the page which it follows but a letter suffix (in alphabetical sequence) shall be shown in such page number, for example:

(i) In a tariff where matter is printed on only one face of each leaf, a page added between pages 4 and 5 shall be designated as “Original Page 4-A”; a page added between pages 4-A and 5 shall be designated “Original Page 4-B”; and so on.

(ii) In a tariff where matter is printed on both faces of each leaf, two consecutive pages printed back-to-back on the same leaf to be added between pages 30 and 31 shall be designated “Original Page 30-A” and “Original Page 30-B”, respectively; two consecutive pages printed back-to-back on the same leaf to be added between pages 30-B and 31 shall be designated “Original Page 30-C” and “Original Page 30-D”, respectively; and so on.

(2) When a page is added at the end of the tariff after the last page, the added page shall be designated as an original page and shall bear the next consecutive page number following the number of the last page of the tariff. For example, if the last page of the tariff is page 99, the added page shall be designated Original Page 100.

(3) A page shall not be added between two pages both bearing page numbers with letter suffixes.

(4) A page shall not be added between two pages printed back-to-back on the same leaf. For example, if a tariff contains pages 31 and 32 published back-to-back, pages designated as Original Pages 31-A and 31-B shall not be added to such tariff.

(5) Where pages are added to a tariff in which matter is printed on both faces of each leaf, original pages shall be issued simultaneously on both faces of each added leaf. If the added or expanded matter requires the space of only one page on the added leaf, the body of the page on the reverse side thereof shall bear the notation “This page intentionally left blank.”

(c) Correction numbers. Each revised page and each original page (added to the tariff after issuance of the tariff) shall bear a consecutive correction number in the lower right-hand corner of the page. One series of consecutive correction numbers shall be used for each loose-leaf tariff. The first revised page or added original page issued to the tariff shall be “Correction No. 1” and subsequent revised or original pages issued to that tariff shall bear consecutive Corrections Nos. 2, 3, 4, etc. (see § 221.32).

(d) Transferring matter from page to page. When a revised page of a loose-leaf tariff is issued which omits rates, fares, rules, or other provisions formerly published on the page which it cancels and such omitted matter is transferred to a different page, such revised page shall make specific reference to the respective page on which such omitted matter will thereafter be found, for example:

(e) Cancellation of omitted matter. If a rate, fare, rule or other tariff provision on a page is to be canceled entirely and is not to be transferred to another page of the same tariff, the revised page which effects such amendment shall specifically show the cancellation of such provisions and identify the provisions to be canceled. For example, if a rule is canceled, the number and caption of the rule shall be brought forward on the new page but the body of the rule shall be omitted and, in lieu thereof, a statement that the rule is canceled shall be shown; or, if a fare is to be canceled, the points of origin and destination shall be brought forward on the new page but the fare shall be omitted and, in lieu thereof, a statement that the fare is canceled shall be shown. Alternatively, such cancellation (but not transfer of matter to another page) may be accomplished by omitting the matter to be canceled, provided that a footnote at the bottom of the revised page specifically identifies the matter to be canceled and directs its cancellation. All of the foregoing cancellation shall be omitted from subsequent revisions of the revised page which effected the cancellation.

(f) Matter reissued before it becomes effective. When rates, fares, rules, or other provisions which have not become effective are reissued and brought forward on a page which bears a general effective date earlier than the effective date of such rates, fares, rules, or other provisions, such page shall conform with the following:

(1) Such rates, fares, rules, or other provisions shall bear their original effective date, shall be designated as reissued matter, and shall indicate the page from which they are reissued. Such information shall be shown, either directly in connection with the reissued matter or by the use of a reference mark (explained on the same page), in the following manner:

(2) The general effective date of the page shall be qualified by a notation reading “(Except as noted)” to be shown directly following the general effective date.

(g) Cancellation of participating carrier. When a participating carrier is canceled by a revised page, the fares (or rates) and other provisions of the tariff insofar as they apply in connection with such carrier shall be canceled at the same time, by either of the following methods:

(1) Such cancellation shall be accomplished by revising the particular pages containing the fares (or rates) and other provisions applying in connection with the canceled participating carrier, or

(2) Such cancellation shall be accomplished by publishing the following statement (following the list of participating carriers) which shall be referred to in connection with the elimination of the carrier from the list of participating carriers:

(a) Form of supplement. (1) A supplement shall be constructed in the same manner and its contents arranged in the same order as the tariff to which it is issued, subject to the provisions of this section.

(2) When points in a tariff are given station numbers, index numbers, or similar designations, the same designation shall be used for the same point in all supplements to the tariff.

(b) Title page of supplement. Except as otherwise provided in this part, the title page of each supplement shall contain the following information to be shown in the order named below and shall contain no other matter:

(1) Supplement and C.A.B. numbers. Each supplement shall bear a consecutive supplement number as follows: The first supplement issued to a particular tariff shall be designated as Supplement No. 1 and subsequent supplements to the same tariff shall be consecutively numbered Supplements Nos. 2, 3, 4, etc. The supplement number and the C.A.B. number (of the tariff to which the supplement is issued) shall be shown in the upper right-hand corner of the title page in the manner shown in the following example:

(2) Specifying canceled and effective supplements. Each supplement shall specify on its title page the supplements which it cancels in full and the supplements which remain in effect. Such provisions shall be shown immediately below the supplement and C.A.B. numbers in the upper right-hand corner of the title page in the manner shown in the following example:

(3) Specifying cancellation of original tariff. When a tariff is conceled in full by a supplement issued thereto, such cancellation shall specify the C.A.B. number of the tariff and shall be shown immediately under the supplement and C.A.B. numbers in the upper right-hand corner of the title page of the supplement in the manner shown in the following example:

(4) Provisions to be reproduced from title page of tariff (as amended). The following provisions appearing on the title page of the tariff (to which the supplement is issued), as amended, shall be shown on the title page of the supplement in the same order and location as it appears on the title page of the tariff, as amended:

(i) Name of issuing carrier or agent,

(ii) Title of tariff (the supplement number may also be shown immediately above the title of the tariff, if desired),

(iii) Description of rates, fares, or other contents of tariff,

(iv) Description of territory.

(5) Reference to Special Tariff Permissions, orders, and regulations. Where an entire supplement is issued pursuant to a Special Tariff Permission, order, or regulation which requires the supplement to bear a notation referring to such Special Tariff Permission, order, or regulation, such notation shall be shown in the manner required thereby. If only certain provisions, and not the entire supplement, are issued pursuant to such permission, order, or regulation, such notation shall be shown in connection with those provisions and not on the title page.

(6) Expiration date. When a tariff is indicated on its title page to expire with a specified date, the title page of a supplement to such tariff shall indicate that the supplement expires with the same date. When a supplement is to expire with a given date, for the above or other reasons, the expiration date shall be shown in distinctive type in the following manner:

(7) Issued date. The date on which the supplement is issued shall be shown in the lower left-hand portion of the title page. Tariffs must be received by the Board on or before the designated issued date. (See § 221.160(d) and § 221.171 of this part.)

(8) Effective date. The date on which the fares, rates, charges, rules and other provisions in the supplement will become effective shall be shown in the lower right-hand portion of the title page (See § 221.160 for required notice.)

(9) Issuing officer or agent. The name, title, and address of the issuing officer or the issuing agent shall be shown centered at the bottom of the title page. If the supplement is issued by a corporate agent, the name, title and business address of the person designated by the corporation to issue and file tariffs in the corporation's name shall also be shown. The issuing officer or employee of a carrier or the person so designated by a corporate tariff agent shall not use the title “Agent” or “Alternate Agent” (see §§ 221.10 and 221.11).

(c) Table of contents. A supplement shall contain a table of its contents conforming to § 221.33.

(d) List of participating carriers. (1) When a tariff contains a list of participating carriers (see § 221.34), each supplement issued thereto shall contain the following provision:

(2) When the participation of a carrier in a tariff is canceled by supplement, the fares or rates and other provisions of the tariff, so far as they apply in connection with such carrier, shall be canceled at the same time. Such cancellation shall be accomplished by amending the affected items or other provisions in the manner prescribed by paragraphs (h) and (i) of this section.

(e) Index of commodities. A supplement shall contain an index of the commodities therein conforming to § 221.36.

(f) Index of points. A supplement shall contain an index of the points therein conforming to § 221.37.

(g) Explanations of abbreviations, reference marks, and symbols. All abbreviations, reference marks, and symbols used in a supplement shall be explained and are subject to the provisions of § 221.35. Each page of a supplement on which abbreviations, reference marks, or symbols are used but not explained thereon shall refer to the page of the supplement or to the page of the original tariff which contains their explanations.

(h) Amending numbered items, rules, and similar units—(1) Method of amending. When any provision contained in a numbered item, rule, or similar unit is amended, all provisions (in their amended form) of such item, rule, or unit shall be published in their entirety in the supplement effecting such amendment and shall be given the same item, rule, or unit number followed by a letter suffix (each item, rule, or unit number shall be assigned letter suffixes in consecutive alphabetical sequence, commencing with “A”). The revised item, rule, or unit containing the amended provisions shall direct the cancellation of the former item, rule, or unit which it amends. The numbers of such revised items, rules, or units and the cancellation of such former items, rules, or units shall be shown in the following manner (using successive amendments in an Item 10 series as examples): When Item 10 is to be amended, the revised item containing the amended provisions shall show “Item 10-A cancels Item 10”; when Item 10-A is to be amended, the revised item containing the amended provisions shall show “Item 10-B cancels Item 10-A”; when Item 10-B is to be amended, the revised item containing the amended provisions shall show “Item 10-C cancels Item 10-B”; and so on. Using similar successive amendments in a Rule 10 series as examples, the successive issues of Rule 10 shall show “Rule 10-A cancels Rule 10”; “Rule 10-B cancels Rules 10-A”; “Rule 10-C cancels Rule 10-B” and so on.

(2) Withdrawing an item, rule, or similar unit. When all provisions in a numbered item, rule, or similar unit are to be canceled, such cancellation shall be made by amending the time, rule, or similar unit in the manner prescribed by paragraph (h)(1) of this section, but the canceled matter shall not be reproduced in the revised item, rule, or like unit except to the extent necessary to identify the subject matter which is being canceled. For example, only the caption or subject of a rule or the generic commodity caption of a rating or rate item shall be shown when such rule, rates or ratings are to be canceled.

(3) Reestablishing expired or canceled items, rules, or other units. The provisions of an expired or canceled item, rule, or similar unit may be reinstated only by republishing such provisions under a new effective date allowing lawful notice. The item, rule, or similar unit which effected the cancellation of such provisions or which contained the expired provisions shall be amended in the manner prescribed by paragraph (h)(1) of this section and the provisions shall be republished in the revised item, rule, or similar unit.

(4) Transferring matter. When all or part of the matter in a numbered item, rule, or similar unit is to be transferred to another portion of the tariff or to a different tariff, such item, rule, or similar unit shall be amended in the manner prescribed by paragraph (h)(1) of this section and shall specify the cancellation of such matter and where it will thereafter be published; for example, “Item 10-A cancels Item 10; rates formerly appearing in Item 10 but not shown herein will be found in Item __(or in Item __ of C.A.B. No. __).” The item, rule, or similar unit, or different tariff, to which the matter has been transferred shall show reference to the item, rule or similar unit, or other tariff, which formerly contained the transferred matter.

(i) Amending matter not published in numbered units. When an amendment is made in a provision which is not published in a numbered item, rule, or similar unit, the changed provision shall be published in its entirety in a supplement. The cancellation of the former provision shall be shown directly in connection with such changed provision, and such cancellation shall refer to the page of the tariff or supplement containing the former provision and clearly specify the matter to be canceled. Where the provision to be amended is published in a prior supplement, the cancellation of such provision shall specify both the page of the prior supplement and the page of the tariff which contained the corresponding provision; or, if the provision was published initially in a supplement and not in the tariff, the cancellation shall specify both the page of the prior supplement and the page of any effective supplement previously issued thereto which contained the corresponding provision.

(j) Omitted matter. When a supplement canceling a previous supplement omits points of origin or destination, routes, rates, fares, ratings, rules, or other provisions appearing in the previous supplement, the new supplement shall specifically indicate the cancellation of such omitted matter, and if such omission effects changes in rates, fares, charges, or services, that fact shall be indicated by the use of the uniform symbols prescribed in § 221.114.

(k) Reissued matter—(1) Designating reissued matter. When a supplement cancels a preceding supplement to the same tariff, those provisions and amendments in the canceled supplement which have not been amended by subsequent supplements and which are not to be amended by the new supplement shall be brought forward without change in the new supplement (except that amendment symbols required by § 221.114 shall not be brought forward). Such matter brought forward without change from one supplement to another shall be specifically designated “Reissued” in distinctive type and shall show the number of the original supplement form which it was reissued. For example, if Item 5-A was published in Supplement No. 1 and is brought forward without change to Supplement No. 2 (canceling Supplement No. 1), the following notation shall be shown in Item 5-A in Supplement No. 2: “Reissued from Supplement No. 1”; if Item 5-A is again brought forward without change, for example, in Supplement No. 3 (canceling Supplement No. 2), it shall continue to bear the same notation indicating that it is reissued from Supplement No. 1. Such reissued matter may also be indicated by the use of a reference mark shown preceding such matter and explained in the supplement in which it is used. When the latter method is used, the reference mark shall consist of a number within a square and the number shall be that of the original supplement from which the matter is reissued, for example, the reference mark □ shall be used to indicate matter reissued from Supplement No. 1. The reference marks shall be explained in the following manner:

(2) Matter reissued before its effective date. When matter published in a supplement is brought forward as reissued matter in a subsequent supplement which bears a general effective date earlier than the effective date of such reissued matter shall be included in the reissued notation required by paragraph (k)(1) of this section. For example, if Item 5-A published to become effective May 1, 1952 in Supplement No. 1 is brought forward without change in Supplement No. 2 (canceling Supplement No. 1) which bears a general effective date of April 15, 1952, Item 5-A shall bear the following notation indicating its effective date and that it is reissued matter:

(3) Expired matter. When an item, rule, or other matter in a supplement has expired by its own terms and such supplement is canceled by a subsequent supplement, the latter supplement shall identify, but not republish, the matter which has expired and shall show when it expired and the supplement in which it appeared when it expired. For example, if the expired matter is an item which formerly contained commodity rates, the item number and cancellation and an identifying portion of the commodity description should be shown with a statement reading substantially: “This term expired with __ in Supplement No. __.” Such notation shall be shown in all successive reissues of the supplement.

(l) Maximum supplemental matter permitted. (1) Except as authorized in paragraphs (l) (2), (3), and (4) of this section, a book tariff containing the number of pages stated in Column 1 in the table below may have in effect at any time not more than the number of supplements shown directly opposite thereto in Column 2 in the table below and all supplements in effect at any time to such tariff may contain in the aggregate not more than the aggregate number of pages indicated directly opposite thereto in Column 3 in the table of this paragraph.

(2) The supplements (and the numbers of pages therein) authorized or required to be filed under the terms of the following sections shall be in addition to the number of supplements and volume of supplemental matter permitted by the terms of paragraph (l)(1) of this section:

(3) A supplement which has been canceled except as to matter suspended by the Board or a supplement suspended in full by the Board shall be in addition to the maximum number of supplements and supplement pages permitted by paragraph (l)(1) of this section. If, upon termination of the suspension, such supplements result in a greater number of effective supplements or supplement pages than permitted by paragraph (l)(1) of this section, the tariff shall be brought into conformity with paragraph (l)(1) of this section by the next amendment of the tariff issued subsequently to the termination of the suspension.

(4) When a tariff is continued in effect by reason of the Board's suspending an entire tariff, any supplements lawfully issued and filed during the suspension period to the tariff continued in effect by the suspension shall be in addition to the maximum number of supplements and supplement pages permitted by paragraph (l)(1) of this section. If the maximum number of supplements or supplement pages permitted under paragraph (l)(1) of this section is exceeded under this authority and the Board orders the cancellation of the suspended tariff, the tariff which was continued in effect by the suspension shall be brought into conformity with paragraph (l)(1) of this section by a supplement filed within 120 days after the date of such order of the Board or such tariff shall be reissued within that time.

(a) One or more tariffs superseded by one new tariff. (1) When one new tariff is issued to supersede one or more previously filed tariffs (of the same issuing carrier or agent) which are to have no further effect, such new tariff shall direct the cancellation of the tariff or tariffs to be superseded. Such cancellation shall specify the C.A.B. numbers of the tariff or tariffs to be canceled and shall be shown in the upper right-hand corner of the title page of the new tariff (immediately below its C.A.B. number) in the following manner:

(2) If the tariff or tariffs to be canceled contain any rates, fares, or other tariff provisions which are to be canceled and not brought forward in the new tariff, the new tariff shall contain a notice reading substantially as follows:

(b) One tariff superseded by two or more new tariffs. When two or more new tariffs are issued to supersede one previously filed tariff (of the same issuing carrier or agent) which is to have no further effect, a supplement shall be issued to the tariff to be superseded and such supplement shall direct the cancellation of the tariff in the manner prescribed by § 221.112 (b) (3) and paragraph (d) (2) of this section and shall refer to the new tariffs in the manner required thereby. Each of the new tariffs shall direct the following cancellation of the tariff to be superseded (to be shown in the upper right-hand corner of the title page of each new tariff immediately below its C.A.B. number):

(c) Transferring rates, fares or provisions from one tariff to another. When all or a portion of the rates, fares, or other provisions of a tariff are to be transferred to another tariff or other tariffs, such transfer shall be accomplished by the following amendments (except that this paragraph shall not apply when paragraphs (a) and (b) of this section are applicable):

(1) If no effective provisions are to remain in the tariff from which the provisions are transferred, the issuing carrier or agent shall issue a supplement thereto canceling such tariff in its entirety in the manner prescribed by § 221.112 (b) (3) and paragraph (d) (2) of this section and stating where the transferred provisions will thereafter be found.

(2) If only a portion of a tariff's provisions are to be transferred, the tariff shall be amended (in the manner required by § 221.110) by specifically canceling the provisions to be transferred and, in connection with such cancellation, a reference shall be shown to the tariff or tariffs (specifying their C.A.B. numbers) to which the provisions are transferred.

(3) The tariff or tariffs to which the provisions are to be transferred shall be amended (in the manner prescribed by § 221.110) by adding the transferred provisions thereto effective on the same date as the date on which the cancellation of such provisions from the former tariff becomes effective. The publication effecting the addition of the transferred provisions shall refer to the former tariff in the following manner:

(i) If the publication to which the provisions are transferred is a new tariff (issued by the same issuing carrier or agent of the former tariff), it shall direct a partial cancellation of the former tariff and such cancellation shall be shown in the following manner (in the upper right-hand corner of the title page of the new tariff immediately below its C.A.B. number):

(ii) If the publication to which the provisions are transferred is a new tariff (issued by an agent or carrier other than the issuing agent or carrier of the former tariff), the new tariff shall bear the following notation “(see notice on page __ hereof)” in the upper right-hand corner of the title page (immediately below the C.A.B. number and any cancellation thereunder and the notice referred to shall be shown following the table of contents and shall read substantially:

(iii) If the transferred provisions are added by supplement, revised page or original page to an existing tariff (issued by the same or different issuing carrier or agent), reference to the former tariff shall be shown in connection with the added provisions in such supplement, revised page or original page and such reference shall read substantially:

(d) Canceling tariff by supplement—(1) When permitted. A supplement shall be issued to a tariff (including a loose-leaf tariff) for the purpose of canceling such tariff in its entirety when:

(i) All of the fares, rates, or other tariff provisions in such tariff are to be canceled entirely and are to have no further application; or

(ii) A later issue of such tariff failed to cancel such tariff as required by paragraph (a) of this section; or

(iii) Other paragraphs of this section require that a tariff be canceled by supplement; or

(iv) Suspended matter is to be canceled, under authority of the Board, from a tariff which has previously been canceled except as to such suspended matter.

(2) Cancellation notice. In addition to directing the cancellation of the tariff (by C.A.B. number) in the manner prescribed by § 221.112(b) (3), such cancellation supplement shall contain a cancellation notice stating what disposition has been made of the rates, fares, or other provisions formerly published in the canceled tariff. When such rates, fares, or other provisions will thereafter be published in other tariffs, the notice shall refer to such other tariffs (by C.A.B. number) and, if reference is made to two or more tariffs, the notice shall briefly describe the respective rates, fares, or other provisions which will be found in each of such tariffs, for example:

(a) Uniform amendment symbols required. All tariffs, supplements, original pages, and revised pages shall indicate the changes made thereby in existing rates, fares, charges, routings, ratings, rules, and other tariff provisions and shall indicate the character of each change, that is, whether it results in a reduction or an increase in fares, rates, or charges or is a change resulting in neither increase nor reduction. The changes and their character shall be indicated by the use of the following uniform amendment symbols and, except as provided in paragraph (b) of this section, shall be shown immediately in connection with and preceding each change

(b) Indicating general changes—(1) Changes of same character in all fares, rates, or charges. When a change of the same character (either increase or reduction) is effected by all of the rates, fares, or charges in a tariff or supplement, or a page thereof, including a revised page or added original page, that fact and the character of such change may be indicated in distinctive type at the top of the title page of such tariff or supplement, or at the top of such page, as the case may be, in the following manner:

(2) Changes of same character in substantial portion of rates, fares, or charges. The notations prescribed in paragraph (b)(1) of this section may be qualified by adding thereto the words “unless otherwise indicated” and such qualified notations may be used, in the manner described in paragraph (b)(1) of this section, to indicate changes of the same character in a substantial portion but not all of the rates, fares, or charges in a tariff, supplement, or a page thereof, including a revised page or added original page. When this method is used to indicate such changes, any rates, fares, or charges which are exceptions to the qualified notation used shall be indicated by:

(i) Showing a bold-faced dot “O” or the symbol “(K)” in connection with and preceding a rate, fare, or charge in which no change has been made, and

(ii) Using the proper amendment symbol prescribed in paragraph (a) of this section for the purpose of indicating the character of any changes which are not indicated by the notation used on the title page or at the top of the page, as the case may be.

(c) Explanations and uniform use of symbols. Explanations of the symbols prescribed in paragraphs (a) and (b) of this section shall be provided in the manner prescribed by § 221.35 and such symbols shall not be used for any other purpose.

(d) Symbols and notations not to be brought forward. When a symbol or notation prescribed by this section is used in a tariff, supplement, or page, such symbol or notation shall not be carried forward into reissues, supplements, or revised pages when the matter in connection with which they were used is reissued without change.

Any rates, fares, rules, or other tariff provisions which have been canceled or which have expired may be reinstated only by republishing such provisions and posting and filing the tariff publications (containing such republished provisions) on lawful notice in the form and manner required by this part.

(a) Suspended matter not to be used. A rate, fare, charge, or other tariff provision which is suspended by the Board, under authority of section 1002(g) of the act, shall not be used during the period of suspension specified by the Board's order.

(b) Suspended matter not to be changed. A rate, fare, charge, or other tariff provision which is suspended by the Board shall not be changed in any respect or withdrawn or the effective date thereof further deferred except by authority of an order or special tariff permission of the Board.

(c) Suspension continues former matter in effect. If a tariff publication containing matter suspended by the Board directs the cancellation of a tariff, supplements, or loose-leaf tariff page, or any portion thereof, which contains fares, rates, charges, or other tariff provisions sought to be amended by the suspended matter, such cancellation is automatically suspended for the same period insofar as it purports to cancel any tariff provisions sought to be amended by the suspended matter.

(d) Matter continued in effect not to be changed. A rate, fare, charge, or other tariff provision which is continued in effect as a result of a suspension by the Board shall not be changed during the period of suspension unless the change is authorized by order or special tariff permission of the Board, except that such matter may be reissued without change during the period of suspension.

(a) To be filed immediately to either book or loose-leaf tariff. Upon receipt of an order of the Board suspending any tariff publication in part or in its entirety, the carrier or agent who issued such tariff publication shall immediately issue and file with the Board a consecutively numbered supplement for the purpose of announcing such suspension. Such supplement, referred to in this subpart as a suspension supplement, is required to be filed to a loose-leaf tariff as well as a book tariff and shall conform fully with the provisions of this section.

(b) Title page of suspension supplement. The title page of a suspension supplement shall be constructed in the manner prescribed in § 221.112(b) except that it shall not contain an effective date and it shall contain the suspension notice required by paragraph (c) of this section.

(c) Suspension notice. The title page of a suspension supplement shall contain a notice of suspension (to be shown immediately below the description of tariff contents and territory) which shall:

(1) Indicate what particular rates, fares, charges, or other tariff provisions are under suspension,

(2) State the date to which such tariff matter is suspended,

(3) State the Board's docket number and order number which suspended such tariff matter,

(4) Give specific reference to the tariffs (specifying their C.A.B. numbers), supplements, revised pages, original pages, items, etc., which contain the rates, fares, charges, or other tariff provisions continued in effect.

(d) Quote Board's order in part. A suspension supplement shall quote the following portions of the Board's order of suspension (to be shown on the page following the title page):

(1) The heading of the order,

(2) The portions describing the suspended matter,

(3) The paragraph naming the date to which such matter is suspended,

(4) The paragraph prohibiting changes in the suspended matter,

(5) The paragraph prohibiting changes in the matter continued in effect by the suspension.

(e) Cancel reissue of suspended matter. When the Board has suspended a loose-leaf tariff page or a supplement in whole or in part, it may occur that prior to receipt of the suspension order, the issuing carrier or agent has transmitted for filing a revised page or a supplement subsequent to that containing the suspended matter and such subsequent revised page or supplement reissues without change the matter suspended in the previous loose-leaf tariff page or supplement. In such circumstances, the suspension supplement required by this section shall:

(1) Cancel such reissued matter published in the subsequent revised page or supplement, and

(2) Amend the cancellation which such subsequent revised page or the title page of such subsequent supplement directs of the loose-leaf page or of the supplement containing the suspended matter. Such cancellation shall be amended so as to exclude cancellation of the suspended matter. The suspension supplement accomplishing such amendments shall be filed promptly since a page or supplement which cancels suspended matter without authority of the Board is subject to rejection.

(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:

(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:

(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:

(c) Supplement suspended in part. When a supplement suspended in part is reissued, the reissue of such supplement shall conform to the following requirements:

(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:

(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:

(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 reissue 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:

(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 forward 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:

(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:

(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:

(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.

(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:

(b) [Reserved]

(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 to § 221.131:

(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:

(2) [Reserved]

(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.

(2) [Reserved]

(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:

(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 loose-leaf 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 supplement suspended in full or in part) and the Board fully vacates such suspension but, prior to the vacating of the suspension, a new tariff has been issued which directs the cancellation of the partially suspended tariff (except as to the suspended provisions), the following tariff amendments are required in order to make the suspended tariff provisions effective under authority of the Board's vacating order:

(1) When the suspended tariff provisions are to be made effective prior to the effective date of such new tariff, a vacating supplement shall be issued and filed to the partially suspended tariff together with any amendments required by other paragraphs of this section. Also, the new tariff shall be amended in the manner prescribed by § 221.110 for the purpose of establishing the following amendments effective on the effective date of the new tariff:

(i) The tariff cancellation shown on the title page of the new tariff shall be amended so that it fully cancels the former tariff by C.A.B. number instead of canceling it “except portions under suspension in C.A.B. Docket No. __”.

(ii) The tariff provisions whose suspension has been vacated in the former tariff shall be republished without change in the new tariff.

(iii) The reissue of the tariff provisions which were continued in effect by the suspension shall be canceled from the new tariff.

(2) When the suspended tariff provisions are to be made effective on or after the effective date of such new tariff, a vacating supplement shall not be issued to the partially suspended tariff but a supplement shall be issued and filed to such tariff which shall cancel the suspended provisions, refer to such provisions as republished in the new tariff, and complete the cancellation of the tariff. The latter cancellation shall be set forth in the upper right corner of the supplement's title page (below the supplement and C.A.B. numbers) in the manner shown in the following example:

(i) The tariff provisions in the former tariff whose suspension has been vacated by the Board shall be republished without change in the new tariff.

(ii) The reissue of the tariff provisions which were continued in effect by such suspension shall be canceled from the new tariff.

When tariff provisions continued in effect by a suspension have been reissued prior to the Board's vacating the suspension and § 221.132 does not authorize the amendments necessary to cancel such provisions in order to prevent a conflict with the tariff provisions whose suspension is being vacated, a vacating supplement shall not be issued and filed. In such circumstances, the issuing agent or carrier shall file an application for Special Tariff Permission specifically setting forth the amendments which are proposed to be issued and filed on one day's notice (unless the Board's vacating order provides otherwise) for the purpose of making the suspended matter effective and canceling the reissue of the tariff provisions continued in effect by the suspension. Upon approval of such application, the issuing agent or carrier shall then file the amendments authorized thereunder.

When the Board orders the cancellation shall be filed on not less than one other tariff provisions theretofore suspended by the Board, the tariff amendments which accomplish such cancellation of rates, fares, charges, rules, or day's notice to the Board and the public unless otherwise provided by the Board's order. The tariff amendments which accomplish such cancellation of suspended matter shall bear reference to this subpart and the Board's order in the following manner:

(a) Endeavor to cancel prior to expiration of suspension period. When an order of the Board requires the cancellation of tariff provisions which were suspended by the Board and such cancellation is required to be made effective on or before a date which is subsequent to the date to which such tariff provisions were suspended, the issuing carrier or agent shall, if possible, make the cancellation effective prior to the date to which such tariff provisions were suspended.

(b) When necessary to republish matter continued in effect by suspension. If suspended tariff provisions become effective upon expiration of their suspension period and thereby accomplish the cancellation of the tariff provisions continued in effect by the suspension, the issuing agent or carrier shall republish and reestablish such canceled tariff provisions effective simultaneously with the cancellation of the suspended provisions in compliance with the Board's order. The tariff amendments which reestablish such canceled tariff provisions shall bear reference to this subpart and the Board's order in the manner shown in § 221.140.

(a) Statutory notice required. Unless otherwise authorized by the Board or specified in a bilateral agreement between the United States and a foreign country, all tariff filings shall be made on the following schedule, whether or not they effect any changes:

(1) At least 30 days before they are to become effective, for tariffs stating a passenger fare within the zone created by section 1002(d)(4) of the Act (interstate and overseas) or the zone created by section 1002(j)(6) (foreign), or stating a rule that affects only such a fare;

(2) At least 25 days before they are to become effective, for matching tariffs that are to become effective on the same date as the tariff to be matched and that meet competition as described in § 221.165(d)(1)(iv); and

(3) At least 60 days before they are to become effective, for all other tariffs.

(b) When single publication contains changes effective on different dates. Each tariff, supplement, or loose-leaf tariff page which contains various changes to become effective on different dates shall:

(1) Bear a general effective date which shall allow at least thirty days’ notice,

(2) Show directly in connection with such general effective date the following notation: “(except as noted)”,

(3) Show in connection with each change which is to become effective earlier or later than such general effective date, its specific effective date which shall allow at least thirty days’ notice unless the Board authorizes the change to be filed on less notice.

(4) When matter is authorized by the Board to be filed on less than thirty days’ notice, show reference to the Board's order, regulation, or special tariff permission authorizing such filing. Such reference shall be shown (immediately following the specific effective date of such matter) in the manner required by the order, regulation, or special tariff permission, for example:

Tariff publications will be received for filing only by delivery thereof to the Board through normal mail channels, or by delivery thereof directly to that office of the Board charged with the responsibility of maintaining the Board's official file of tariffs. Tariff publications will be received for filing only during the established business hours of the Board. The office of the Board is closed on Saturdays and Sundays and on the following holidays:

Three copies of each tariff, supplement, loose-leaf tariff page, index of tariffs, and adoption notice to be filed shall be sent to the Civil Aeronautics Board, Tariffs Section, Washington, DC 20428. All such copies shall be included in one package and shall be accompanied by a letter of tariff transmittal (§ 221.163).

All tariff publications (including indexes of tariffs and adoption notices) filed with the Board shall be accompanied by a letter of tariff transmittal in duplicate in the form prescribed in § 221.240. Each letter of transmittal may include one or more tariff publications but passenger tariff publications shall not be included in the same letter of tariff transmittal with property tariff publications. If the filing carrier or agent desires a receipt for the filing, the letter of tariff transmittal shall be sent in triplicate (accompanied by a preaddressed postage paid return envelope, if return by mail is requested), and one copy thereof showing the date of receipt by the Board will be returned to the sender.

When a tariff publication is filed on behalf of a carrier participating therein under authority of its concurrence or power of attorney, such concurrence or power of attorney shall, if not previously filed with the Board, be transmitted with such tariff publication submitted for filing and shall be listed in the letter of tariff transmittal.

When a tariff publication is filed with the Board which contains new or changed local or joint rates, fares, or charges for air transportation, or new or changed classifications, rules, regulations, or practices affecting such rates, fares, or charges, or the value of the service thereunder, the issuing air carrier, foreign air carrier, or agent shall submit with the filing of such publication, in or attached to the transmittal letter:

(a) An explanation of the new or changed matter and the reasons for the filing, including (if applicable) the basis of rate making employed. Where a tariff publication is filed pursuant to an intercarrier agreement approved by the Board, the explanation shall identify such agreement by CAB agreement number, IATA, or ATC resolution number, or if none is designated, then by other definite identification. Where a tariff publication is filed on behalf of a foreign air carrier pursuant to a Government order, a copy of such order shall be submitted with the letter of tariff transmittal.

(b) Economic data and/or information in support of the new or changed matter, including, in cases where pertinent,

(1) Estimates of costs of service, with supporting details and references to sources, and

(2) Estimates of the aggregate effect of the new or changed matter upon such carrier's traffic, schedules, and revenues, and an explanation of the basis for the estimates (including, where available, data as to past traffic, schedules and revenues).

(c) In cases where such publication contains new or changed local or joint rates (other than charter rates), fares, or charges (whether such rates, fares, or charges are published specifically or by rule), a table prepared as follows:

(1) In the first column, a sample of the pairs of points between which such new or changed rates, fares, or charges apply, which sample shall contain every 10th pair of all such pairs (but not less than 10 pairs, unless such new or changed rates, fares, or charges apply between fewer than 10 pairs of points, in which event all such pairs shall be included), but need not include more than 75 pairs of points, for each new or changed type of rate, fare (e.g., first class, coach, etc.), or charge included in such publication; 5

(2) In the second column, the existing rates, fares, or charges canceled or superseded by the new or changed rates, fares, or charges, except in cases where the publication contains new rates, fares, or charges which do not cancel or supersede existing rates, fares, or charges, in which event the second column shall contain those rates, fares, or charges upon which the filing air carrier relies for comparison 6 in evaluating such new rates, fares, or charges;

(3) In the third column, the new or changed rates, fares, or charges;

(4) In the fourth column, the differences between the rates, fares, or charges listed in the second and third columns, expressed as percentages of those listed in the second column;

(5) In the fifth column, the existing fares per mile or rates or charges per ton-mile;

(6) In the sixth column, the new or changed fares per mile, or rates or charges per ton-mile; and

(7) In the seventh column, the airport-to-airport mileage 7 used in computing the fares per mile or rates or charges per ton-mile.

At the same time that a tariff publication is transmitted to the Board for filing, the issuing carrier or agent shall send sufficient copies of the tariff publication for posting purposes to all participating carriers (see subpart N).

A tariff publication filed with the Board will not be surrendered or returned and no substitution thereof will be permitted.

Carriers must make tariff information available to the general public, and in so doing must comply with either:

(a) Sections 221.171, 221.172, 221.173, 221.174, 221.175, and 221.176 or

(b) Sections 221.175, 221.176 and 221.177 of this subpart.

(a) Each carrier shall post and make available for public inspection at each of its stations, offices, or other locations which is in charge of a person employed exclusively by the carrier, or by it jointly with another person, currently effective tariffs and tariff publications which have been issued but are not yet effective, to which it is a party, as follows:

(1) At stations, offices, or locations at which tickets for passenger transportation are sold, all tariff publications applicable to passenger traffic from or to the point where such station, office, or location is situated, including tariffs covering any terminal services, charges, or practices whatsoever, which apply to passenger traffic from or to such point.

(2) At stations, offices, or locations at which property is handled, received, and delivered for transportation, all tariff publications applicable to cargo traffic from or to the point where such station, office or location is situated, including tariffs covering any terminal services, charges, or practices whatsoever, which apply to cargo traffic transported from or to such point.

(b) A carrier will be deemed to have complied with the requirement that it “post” tariffs, if it maintains at each station, office, or location a file in complete form of all tariff publications required to be posted; and in the case of tariffs involving passenger fares, rules, charges or practices, notice to the passenger as required in §§ 221.174 and 221.175.

(c) Tariff publications shall be posted by each carrier party thereto no later than the issued date designated thereon except that in the case of carrier stations, offices of locations situated outside the United States, its territories and possessions, the time shall be not later than five days after the issued date, and except that a tariff publication which the Board has authorized to be filed on shorter notice shall be posted by the carrier on like notice as authorized for filing.

Each file of tariffs shall be kept in complete and accessible form. Employees of the carrier shall be required to give any desired information contained in such tariffs, to lend assistance to seekers of information therefrom, and to afford inquirers opportunity to examine any of such tariffs without requiring the inquirer to assign any reason for such desire.

Each carrier shall cause to be displayed continuously in a conspicuous public place at each station, office, or location at which tariffs are required to be posted, a notice printed in large type reading as follows:

A carrier or ticket agent shall print, stamp upon, or affix to every purchased passenger ticket a notice stating that the terms and conditions of the contract of carriage including the price of the ticket are subject to adjustment prior to the commencement of transportation, except that such notice is not required where a passenger ticket is sold pursuant to an effective tariff rule which provides that the terms and conditions of the contract of carriage, including the price of the ticket, are not subject to any future adjustment during the validity of the ticket, or the ticket is sold for transportation commencing on the same day.

(a) In addition to the aforesaid requirements of this subpart, each air carrier and foreign air carrier which, to any extent, avails itself of the limitation on liability to passengers provided by the Warsaw Convention, shall, at the time of delivery of the ticket, furnish to each passenger whose transportation is governed by the Convention and whose place of departure or place of destination is in the United States, the following statement in writing:

(1) Each ticket; (2) a piece of paper either placed in the ticket envelope with the ticket or attached to the ticket; or (3) the ticket envelope; And provided further, That a carrier which has heretofore been furnishing a statement including either the sum of “$8,290” or the sum of “$9,000,” in place of the sum of “$10,000” in the text of the statement prescribed by this paragraph, may continue to use such statement until July 15, 1974.

(b) Each air carrier and foreign air carrier which, to any extent, avails itself of the limitation on liability to passengers provided by the Warsaw Convention, shall also cause to be displayed continuously in a conspicuous public place at each desk, station, and position in the United States which is in the charge of a person employed exclusively by it or by it jointly with another person, or by any agent employed by such air carrier or foreign air carrier to sell tickets to passengers whose transportation may be governed by the Warsaw Convention and whose place of departure or destination may be in the United States, a sign which shall have printed thereon the statement prescribed in paragraph (a) of this section: Provided, however, That an air carrier, except an air taxi operator subject to part 298 of this subchapter, or foreign air carrier which provides a higher limitation of liability than that set forth in the Warsaw Convention and has signed a counterpart of the agreement among carriers providing for such higher limit, which agreement was approved by the Board by Order E-23680, dated May 13, 1966 (31 FR 7302, May 19, 1966), may use the alternate form of notice set forth in the proviso to § 221.176(a) of this chapter in full compliance with the posting requirements of this paragraph. And provided further, That an air taxi operator subject to part 298 of this subchapter, which provides a higher limitation of liability than that set forth in the Warsaw Convention and has signed a counterpart of the agreement among carriers providing for such higher limit, which agreement was approved by the Board by Order E-23680, dated May 13, 1966 (31 FR 7302, May 19, 1966), may use the following notice in the manner prescribed above in full compliance with the posting requirements of this paragraph.

(a) Each air carrier and foreign air carrier which, to any extent, avails itself of limitations on liability for loss of, damage to, or delay in delivery of baggage shall cause to be displayed continuously in a conspicuous public place at each desk, station, and position in the United States which is in the charge of a person employed exclusively by it or by it jointly with another person, or by any agent employed by such air carrier or foreign air carrier to sell tickets to persons or accept baggage for checking, a sign which shall have printed thereon the following statement:

(b) Each air carrier and foreign air carrier which, to any extent, avails itself of limitations of liability for loss of, damage to, or delay in delivery of, baggage shall include on or with each ticket issued in the United States or in a foreign country by it or its authorized agent, the following notice printed in at least 10 point type:

(c) It shall be the responsibility of each carrier to ensure that travel agents authorized to sell air transportation for such carrier comply with the notice provisions of paragraphs (a) and (b), of this section.

(d) Any air carrier or foreign air carrier subject to the provisions of this section which wishes to use a notice of limited liability for baggage of its own wording, but containing the substance of the language prescribed in paragraphs (a) and (b) of this section may substitute a notice of its own wording upon approval by the Board.

(e) The requirements as to time and method of delivery of the notice (including the size of type) specified in paragraphs (a) and (b) of this section and the requirement with respect to travel agents specified in paragraph (c) may be waived by the Board upon application and showing by the carrier that special and unusual circumstances render the enforcement of the regulations impractical and unduly burdensome and that adequate alternative means of giving notice are employed.

(f) Applications for relief under paragraphs (d) and (e) of this section shall be filed with the Board (Attention: Assistant Director, Bureau of Pricing and Domestic Aviation, Legal Analysis Division) not later than 15 days before the date on which such relief is requested to become effective.

(g) Notwithstanding any other provisions of this section, no air taxi operator subject to part 298 of this subchapter shall be required to give the notices prescribed in this section, either in its capacity as an air carrier or in its capacity as an agent for an air carrier or foreign air carrier.

(a) Terms incorporated in the contract of carriage. (1) A ticket, airwaybill, or other written instrument that embodies the contract of carriage for foreign air transportation shall contain or be accompanied by notice to the passenger, shipper, or consignee as required in paragraphs (b) and (d) of this section.

(2) Each carrier shall make the full text of all terms that are incorporated in a contract of carriage readily available for public inspection at each airport or other ticket/cargo sales office of the carrier: Provided, That the medium, i.e., printed or electronic, in which the incorporated terms and conditions are made available to the consumer shall be at the discretion of the carrier.

(3) Each carrier shall display continuously in a conspicuous public place at each airport or other ticket/cargo sales office of the carrier a notice printed in large type reading as follows:

(4) Each carrier shall provide to the passenger, shipper or consignee a complete copy of the text of any/all terms and conditions applicable to the contract of carriage, free of charge, immediately, if feasible, or otherwise promptly by mail or other delivery service, upon request at any airport or other ticket/cargo sales office of the carrier. In addition, all other locations where the carrier's tickets or airwaybills may be issued shall have available at all times, free of charge, information sufficient to enable the passenger, shipper or consignee to request a copy of such term(s).

(b) Notice of incorporated terms. Each carrier and ticket agent shall include on or with a ticket, airwaybill or other written instrument given to the passenger, shipper, or consignee, that embodies the contract of carriage, a conspicuous notice that:

(1) The contract of carriage may incorporate by law terms and conditions filed in public tariffs with U.S. authorities; passengers, shippers and consignees may inspect the full text of each applicable incorporated term at any of the carrier's airport locations or other ticket/cargo sales offices of the carrier; and passengers, shippers and consignees have the right to receive, upon request at any airport or other ticket/cargo sales office of the carrier, a free copy of the full text of any/all such terms by mail or other delivery service;

(2) The incorporated terms may include, among others, the terms shown in paragraphs (b)(2) (i) through (v) of this section. Passengers may obtain a concise and immediate explanation of the terms shown in paragraphs (b)(2) (i) through (v) of this section from any location where the carrier's tickets are sold, and a shipper or consignee may obtain the same information at any location where an airwaybill or any similar document may be issued:

(i) Limits on the carrier's liability for personal injury or death of passengers (subject to § 221.175), and for loss, damage, or delay of goods and baggage, including fragile or perishable goods.

(ii) Claim restrictions, including time periods within which passengers, shippers, or consignees must file a claim or bring an action against the carrier for its acts or omissions or those of its agents.

(iii) Rights of the carrier to change the terms of the contract. (Rights to change the price, however, are governed by paragraph (d) of this section).

(iv) Rules about re-confirmations or reservations, check-in times, and refusal to carry.

(v) Rights of the carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate carrier or aircraft, and rerouting.

(3) The salient features of any applicable terms that restrict refunds of the transportation price, impose monetary penalties on passengers, shippers or consignees, or permit a carrier to raise the price, are also being provided on or with the ticket.

(c) Explanation of incorporated terms. Each carrier shall ensure that any passenger, shipper, or consignee can obtain from any location where its tickets are sold, or airwaybills or any similar documents are issued, a concise and immediate explanation of any term incorporated concerning the subjects listed in paragraph (b)(2) or identified in paragraph (d) of this section.

(d) Direct notice of certain terms. A passenger, shipper or consignee must receive conspicuous written notice, on or with the ticket, airwaybill, or other similar document, of the salient features of any terms that (1) restrict refunds of the price of the transportation, (2) impose monetary penalties on passengers, shippers, or consignees, or (3) permit a carrier to raise the price: Provided, That the notice specified in paragraph (d)(3) of this section is not required where a passenger ticket is sold pursuant to an effective tariff rule which provides that the terms and conditions of the contract of carriage, including the price of the ticket, are not subject to any future adjustment during the validity of the ticket, or the ticket is sold for transportation commencing on the same day.

(a) Each carrier required to file tariffs in accordance with this part shall make available to any person so requesting a subscription service as described in paragraph (b) of this section separately for its passenger tariffs and its freight tariffs issued by it or by a publishing agent on its behalf.

(b) Under the required subscription service one copy of each new tariff, supplement, and loose-leaf page, including the justification required by § 221.165, must be transmitted to each subscriber thereto by first-class mail (or other equivalent means agreed upon by the subscriber) not later than one day following the time the copies for official filing are transmitted to the Board. The subscription service described herein shall not preclude the offering of additional types of subscription services by carriers or their agents.

(c) The carriers or their publishing agents at their option may establish a charge for providing the required subscription service to subscribers: Provided, That the charge may not exceed a reasonable estimate of the added cost of providing the service.

Under the terms of section 403(a) of the act, the Board is empowered to reject any tariff publication which is not consistent with section 403 of the act or with the regulations in this part.

When a tariff publication is rejected, the issuing carrier or agent thereof will be notified in writing that the publication is rejected and of the reason for such rejection. The rejected publication will not be returned to the issuing carrier or issuing agent.

A tariff publication rejected by the Board is void and is without any force or effect whatsoever. Such rejected tariff publication must not be used.

When a publication is rejected by the Board, the number which it bears must not be again used. Such publication must not thereafter be referred to as canceled or amended but a publication that is issued in lieu of such rejected publication shall bear the following notation (to be shown in the manner described in paragraphs (a), (b), and (c) of this section):

(a) If the rejected publication is a tariff, the tariff which is issued in lieu thereof shall show the above required notation under its C.A.B. number on the title page in the manner shown in the following example:

(b) If the rejected publication is a loose-leaf tariff page, the page which is issued in lieu thereof shall show the required notation under the page number in the manner shown in the following examples:

(1) When new page is issued in lieu of a rejected original page:

(2) When new page is issued in lieu of a rejected revised page:

(c) If the rejected publication is a supplement, the supplement which is issued in lieu thereof shall show the required notation under the supplement number in the manner shown in the following example:

If a rejected loose-leaf tariff page is published on the reverse side of another page which has not been rejected, a page shall be issued and filed in lieu of the rejected page within 20 days after the date of the rejection notice, and the page on the reverse side of the rejected page shall be reissued on lawful notice.

(a) General authority. The Board is authorized, when actual emergency or real merit is shown, to permit changes in rates, fares, or other tariff provisions on less than the statutory notice required by section 403 of the Act.

(b) Grounds for approval. The following facts and circumstances constitute some of the grounds for approving applications for Special Tariff Permission in the absence of other facts and circumstances warranting denial:

(1) Clerical or typographical errors. Clerical or typographical errors in tariff publications constitute grounds for approving applications for Special Tariff Permission to file on less than statutory notice the tariff changes necessary to correct such errors. Each application for Special Tariff Permission based on such grounds shall plainly specify the errors and contain a complete statement of all the attending facts and circumstances, and such application shall be presented to the Board with reasonable promptness after issuance of the defective tariff publication.

(2) Rejection caused by clerical or typographical errors or illegibility. Rejection of a tariff publication caused by illegible printing (in matter reissued without change) or by clerical or typographical errors constitutes grounds for approving applications for Special Tariff Permission to file on less than statutory notice, effective not earlier than the original effective dates in the rejected publication, all changes contained in the rejected publication but with the errors corrected. Each application for the grant of Special Tariff Permission based on such grounds shall plainly specify the errors and contain a complete statement of all the attending facts and circumstances, and such application shall be filed with the Board within five days after receipt of the Board's notice of rejection.

(3) Incorrect page cancellation caused by rejection of prior issue. When a revision of a loose-leaf page bears incorrect page cancellation because it was submitted prior to receipt of the notice of rejection of a prior issue of such page, such circumstances constitute grounds for approving an application for Special Tariff Permission to file amendments on less than statutory notice for the purpose of effecting adjustment of the page cancellation and to show “(Issued in lieu of __ rejected by C.A.B.)” to be made effective on the effective date of the revision bearing the incorrect page cancellation.

(4) Newly authorized transportation. The fact that the Board has newly authorized a carrier to perform air transportation constitutes grounds for approving applications for Special Tariff Permission to file on less than statutory notice the fares, rates, and other tariff provisions covering such newly authorized transportation.

(5) The fact that a passenger fare or cargo rate is within a statutory or Board-established zone of fare or rate flexibility constitutes grounds for approving an application for Special Tariff Permission to file a tariff stating that fare or rate, and any rules affecting it only, on less than statutory notice. The Board's policy on approving such applications is set forth in § 399.35 of this chapter.

(6) Lowered fares, rates, and charges. The prospective lowering of fares, rates, or charges to the traveling or shipping public constitutes grounds for approving an application for Special Tariff Permission to file on less than statutory notice a tariff stating the lowered fares, rates, or charges and any rules affecting only them. However, the Board will not approve the application if the proposed tariff raises significant questions of lawfulness, as set forth in § 399.35 of this chapter.

(c) [Reserved]

(d) Filing notice required by formal order. When a formal order of the Board requires the filing of tariff matter or publications on a stated number of days’ notice, an application for Special Tariff Permission to file on less notice will not be approved. In any such instance a petition for modification of the order should be filed in the formal docket.

(a) Form. Except as set forth in § 221.195, each application for Special Tariff Permission to file a tariff on less than statutory notice shall be prepared in the form prescribed in § 221.241 and shall show all of the information required by that section.

(b) Number of copies and place of filing. The original and one copy of each such application for Special Tariff Permission, including all exhibits thereto and amendments thereof, shall be sent to the Civil Aeronautics Board, Tariffs Section, Washington, D.C. 20428.

(c) Who may make application. Applications for Special Tariff Permission to file rates, fares, or other tariff provisions on less than statutory notice shall be made only by the issuing carrier or agent authorized to issue and file the proposed tariff publication. Such application by the issuing carrier or agent will constitute application on behalf of all carriers participating in the proposed rates, fares, or other tariff provisions.

(d) More than one tariff. Where the same special circumstances or unusual conditions are relied upon as justifying Special Tariff Permission involving amendments of more than one tariff, the applicant may file one application covering the proposed amendments of all tariffs involved or an individual application for each tariff involved. Since one tariff may present a problem not encountered in the other tariffs, the filing of individual applications may preclude delay in the processing of applications other than the one with respect to the tariff to which the problem pertains. Passenger tariff amendments shall not be included in the same application with property tariff amendments.

(e) When notice is required. Notice in the manner set forth in paragraph (f) of this section is required when a carrier files an application for Special Tariff Permission:

(1) To offer passenger fares that would be outside a Board-established zone of fare flexibility or, in markets for which the Board has not established such a zone, outside the statutory zone of fare flexibility; or

(2) To file any price increase or rule change that the carrier believes is likely to be controversial.

(f) Form of notice. When notice of filing of a Special Tariff Permission application affecting passenger fares is required by paragraph (e) of this section, the carrier shall, when it files the application, give immediate telegraphic notice or other notice approved by the Chief of the Tariffs Division, Bureau of International Aviation, to all certificated and foreign route carriers authorized to provide nonstop or one-stop service in the markets involved, and to civic parties that would be substantially affected. When notice of an application affecting cargo rates is required by paragraph (e) of this section, the carrier shall give the notice as described in the previous sentence to readily identifiable representatives of affected shippers. The application shall include a list of the parties notified.

Each Special Tariff Permission to file rates, fares, or other tariff provisions on less than statutory notice shall be used in its entirety as granted. If it is not desired to use the permission as granted, and lesser or more extensive or different permission is desired, a new application for Special Tariff Permission conforming with §§ 221.191 and 221.241 in all respects and referring to the previous permission shall be filed.

If a tariff publication containing matter issued under Special Tariff Permission is rejected, the same Special Tariff Permission may be used in a tariff publication issued in lieu of such rejected publication provided that such re-use (a) is not precluded by the terms of the Special Tariff Permission, and (b) is made within the time limit thereof or within seven days after the date of the Board's notice of rejection, whichever is later, but in no event later than fifteen days after the expiration of the time limit specified in the Special Tariff Permission.

The terms of Special Tariff Permissions require that tariff publications filed pursuant thereto shall bear reference to the Special Tariff Permission substantially in the following form:

(a) The Special Tariff Permission number is shown in the letter of tariff transmittal in connection with the listed tariff publication containing matter issued under such permission, and

(b) The Special Tariff Permission application number of the issuing carrier or agent is shown in the notation on the tariff publication in the following manner:

Applications for waiver or modification of any of the requirements of this part 221 or for modification of section 403 with respect to the filing and posting of tariffs shall be made by the issuing carrier or issuing agent.

Applications for waivers shall be in the form of a letter addressed to the Civil Aeronautics Board, Tariffs Section, Washington, DC 20428, and shall:

(a) Specify (by section and paragraph) the particular regulation which the applicant desires the Board to waive.

(b) Show in detail how the proposed provisions will be published in the tariff publication or other document under authority of such waiver if granted (submitting exhibits of the proposed publication where necessary to clearly show this information).

(c) Set forth all facts and circumstances on which the applicant relies as warranting the Board's granting the authority requested. No tariff publication or other documents shall be filed pursuant to such application prior to the Board's granting the authority requested.

(a) Prescribed form of concurrence. A concurrence prepared in accordance with the form set forth in § 221.242 shall be used by a carrier to give authority to another carrier to issue and file with the Board tariff publications which contain joint rates, fares, or charges, including provisions governing such rates, fares, or charges, applying to, from, or via points served by the carrier giving the concurrence. A concurrence shall not be used as authority to publish joint rates, fares, or charges in which the carrier to whom the concurrence is given does not participate, and it shall not be used as authority to publish local rates, fares, or charges.

(b) Number of copies. Each concurrence shall be prepared in triplicate. The original of each concurrence shall be filed with the Board, the duplicate thereof shall be given to the carrier in whose favor the concurrence is issued, and the third copy shall be retained by the carrier who issued the concurrence.

(c) Conflicting authority to be avoided. Care should be taken to avoid giving authority to two or more carriers which, if used, would result in conflicting or duplicate tariff provisions.

(a) Prescribed form of revocation notice. A concurrence may be revoked by filing with the Board in the manner specified in this section a Notice of Revocation of Concurrence prepared in accordance with the form set forth in § 221.243.

(b) Sixty days’ notice required. Such Notice of Revocation of Concurrence shall be filed on not less than sixty days’ notice to the Board. A Notice of Revocation of Concurrence will be deemed to be filed only upon its actual receipt by the Board, and the period of notice shall commence to run only from such actual receipt.

(c) Number of copies. Each Notice of Revocation of Concurrence shall be prepared in triplicate. The original thereof shall be filed with the Board and, at the same time that the original is transmitted to the Board, the duplicate thereof shall be sent to the carrier to whom the concurrence was given. The third copy shall be retained by the carrier issuing such notice.

(d) Amendment of tariffs when concurrence revoked. When a concurrence is revoked, a corresponding amendment of the tariff or tariffs affected shall be made by the issuing carrier of such tariffs on not less than statutory notice to become effective not later than the effective date stated in the Notice of Revocation of Concurrence. In the event of failure to so amend the tariff or tariffs, the provisions therein shall remain applicable until lawfully canceled.

If a carrier desires to issue a concurrence conferring less authority than a previous concurrence given to the same carrier, the new concurrence shall not direct the cancellation of such previous concurrence. In such circumstances, such previous concurrence shall be revoked by issuing and filing a Notice of Revocation of Concurrence in the form and manner prescribed by § 221.211. Such revocation notice shall include reference to the new concurrence, “(set Concurrence No. __)” to be shown at the end of the body of the document.

(a) Prescribed form of power of attorney. A power of attorney prepared in accordance with the applicable form set forth in § 221.244 shall be used by a carrier to give authority to an agent and (in the case of the agent being an individual) such agent's alternate to issue and file with the Board tariff publications which contain local or joint rates, fares, or charges, including provisions governing such rates, fares or charges, applicable via and for account of such carrier. Agents may be only natural persons or corporations (other than incorporated associations of air carriers). The authority conferred in a power of attorney may not be delegated to any other person.

(b) Designation of tariff issuing person by corporate agent. When a corporation has been appointed as agent it shall forward to the Board a certified excerpt of the minutes of the meeting of its Board of Directors designating by name and title the person responsible for issuing tariffs and filing them with the Board. Only one such person may be designated by a corporate agent, and the title of such designee shall not contain the word “Agent”. When such a designee is replaced the Board shall be immediately notified in like manner of his successor. An officer or employee of an incorporated tariff-publishing agent may not be authorized to act as tariff agent in his individual capacity. Every tariff issued by a corporate agent shall be issued in its name as agent.

(c) Number of copies. Each power of attorney shall be prepared in triplicate. The original of each power of attorney shall be filed with the Board, the duplicate thereof shall be given to the agent in whose favor the power of attorney is issued, and the third copy shall be retained by the carrier who issued the power of attorney.

(d) Conflicting authority to be avoided. In giving powers of attorney, care should be taken to avoid giving authority to two or more agents which, if used, would result in conflicting or duplicate tariff provisions.

(a) Prescribed form of revocation notice. A power of attorney may be revoked only by filing with the Board in the manner specified in this section a Notice of Revocation of Power of Attorney prepared in accordance with the form set forth in § 221.245.

(b) Sixty days’ notice required. Such Notice of Revocation of Power of Attorney shall be filed on not less than sixty days’ notice to the Board. A Notice of Revocation of Power of Attorney will be deemed to be filed only upon its actual receipt by the Board, and the period of notice shall commence to run only from such actual receipt.

(c) Number of copies. Each Notice of Revocation of Power of Attorney shall be prepared in triplicate. The original thereof shall be filed with the Board and, at the same time that the original is transmitted to the Board, the duplicate thereof shall be sent to the agent in whose favor the power of attorney was issued (except, if the alternate agent has taken over the tariffs, the duplicate of the Notice of Revocation of Power of Attorney shall be sent to the alternate agent). The third copy of the notice shall be retained by the carrier.

(d) Amendment of tariffs when power of attorney is revoked. When a power of attorney is revoked, a corresponding amendment of the tariff or tariffs affected shall be made by the issuing agent of such tariffs on not less than statutory notice to become effective not later than the effective date stated in the Notice of Revocation of Power of Attorney. In the event of failure to so amend the tariff or tariffs, the provisions therein shall remain applicable until lawfully canceled.

If a carrier desires to issue a power of attorney conferring less authority than a previous power of attorney issued in favor of the same agent, the new power of attorney shall not direct the cancellation of such previous power of attorney. In such circumstances, such previous power of attorney shall be revoked by issuing and filing a Notice of Revocation of Power of Attorney in the form and manner prescribed by § 221.221. Such revocation notice shall include reference to the new power of attorney “(see Power of Attorney No. __)”, to be shown at the end of the body of the document.

(a) Alternate may act only upon death or disability of principal agent. An alternate agent may exercise the authority granted in the power of attorney to the principal agent only in the event of death or disability of the principal agent. The term “disability” as used here and in the power of attorney means resignation, permanent transfer to other duties, or other duties, or other permanent absence of the principal agent, and does not mean temporary absence of the principal agent caused by vacation, illness, or other similar causes. After an alternate agent has once exercised the authority granted by the power of attorney, the principal agent shall not thereafter act under such authority.

(b) Affidavit to be made by alternate. When an alternate agent assumes the duties of the principal agent, upon the death or disability of the principal agent, the alternate agent shall submit to the Board a sworn statement of the facts which justify his exercising the authority in the power of attorney. Such sworn statement shall be submitted to the Board on or before the date on which the alternate agent files any tariff publications under such authority.

(c) Take-over supplement to be filed by alternate. When an alternate agent assumes the duties of the principal agent, upon the death or disability of the principal agent, the alternate agent shall issue and file with the Board a supplement to each of the effective tariffs issued by the principal agent which shall comply with the following:

(1) Such supplements shall be filed to loose-leaf tariffs as well as book tariffs.

(2) Such supplement shall consist of a title page prepared in accordance with § 221.112(b) except:

(i) Such supplement shall not bear an effective date.

(ii) Such supplement shall contain the following statement (to be shown immediately below the description of the tariff's contents and territory):

(3) All such supplements to all effective tariffs shall be filed at one time under one letter of tariff transmittal.

(d) Revised title pages to be filed by alternate. Simultaneously with the filing of take-over supplements pursuant to § 221.223(c), the alternate agent shall file, on lawful notice, a revised title page to each effective loose-leaf tariff of the principal agent for the purpose of specifically showing the name and title of the alternate agent in lieu of the principal agent's name and title wherever the latter appears on the title page.

(e) Alternate agent's title to be shown in tariff publications. The title “Alternate Agent” shall be shown in connection with the alternate agent's name in all tariff publications which he issues and files under his authority as alternate agent and in all tariff publications making reference to tariffs of such alternate agent.

(f) C.A.B. numbers of tariffs issued by alternate. If an alternate agent has occasion to issue tariffs, such tariffs shall bear consecutive C.A.B. numbers continuing in the same C.A.B. number series of the tariffs issued by the principal agent.

(g) Numbering alternate's letters of tariff transmittal. All letters of tariff transmittal prepared by and in the name of an alternate agent shall be numbered consecutively continuing in the same tariff transmittal number series of the principal agent.

(h) Numbering alternate's Special Tariff Permission applications. Applications for Special Tariff Permission filed by an alternate agent shall be consecutively numbered continuing in the same application number series of the principal agent.

(a) Procedure. When it is desired to transfer authority from the current principal agent (or an alternate agent acting in the principal's stead) to a new principal agent and have the new agent take over (assume the duties of issuing) all of the effective tariffs of the current agent, the following procedure shall be observed:

(1) Each carrier which has issued a power of attorney in favor of the current agent (or alternate agent) shall issue a new power of attorney in favor of the new principal agent (and his alternate) and such new power of attorney shall be prepared and filed in accordance with the following:

(i) Such new power of attorney shall direct the cancellation of the power of attorney issued in favor of the principal agent and alternate agent from whom the authority is transferred.

(ii) Such new power of attorney shall bear the following statement (in the upper right portion under the date):

(iii) Such new power of attorney shall not confer less authority than the power of attorney which it cancels.

(iv) Such new power of attorney shall not be transmitted by the carrier direct to the Board but shall be transmitted to the new principal agent named therein.

(v) The new principal agent shall secure such powers of attorney from all carriers participating in all of the effective tariffs of the agent or alternate agent to be superseded and, immediately upon securing all such powers of attorney, the new principal agent shall file the originals thereof with the Board all at one time. A new corporate agent shall also file with the Board a certified excerpt of the minutes of the meeting of its Board of Directors showing the name and title of the persons designated to issue and file tariffs in the corporation's name.

(2) At the same time that the new principal agent files with the Board the originals of the powers of attorney pursuant to paragraph (a)(1)(v) of this section, the new principal agent shall file with the Board a take-over supplement, conforming with paragraph (b) of this section, to each one of the former agent's effective tariffs.

(b) Take-over supplement to be filed by new principal agent. The take-over supplement to be filed by the new principal agent pursuant to paragraph (a)(2) of this section shall conform with the following:

(1) Such supplements shall be filed to loose-leaf tariffs as well as book tariffs.

(2) The title page of such supplement shall be prepared in accordance with § 221.112(b) except that:

(i) The title page shall not bear an effective date.

(ii) The title page shall contain the following statement (to be shown immediately below the description of the tariff's contents and territory):

(3) The page following the title page of such take-over supplement shall contain the following amendment of the list of participating carriers in the tariff (as amended) for the purpose of reflecting the changes in the power of attorney numbers and issuing agent:

(4) All such take-over supplements to all of the effective tariffs of the predecessor agent shall be filed at one time under one letter of tariff transmittal and shall be accompanied by the powers of attorney in favor of the new principal agent.

(c) Revised title pages to be filed by new principal agent. Simultaneously with the filing of take-over supplements pursuant to § 221.224(b), the new principal agent shall file, on lawful notice, a revised title page to each effective loose-leaf tariff of the former agent for the purpose of specifically showing the name and title of the new principal agent in lieu of the former agent's name and title wherever the latter appears on the title page.

(d) C.A.B. number of tariffs issued by new principal agent. (1) If the new principal agent has not filed tariffs with the Board as an issuing agent prior to taking over the former agent's tariffs, the new agent shall number any tariffs, which he may subsequently issue, according to either one of the following two methods:

(i) The new principal agent shall number his tariffs consecutively continuing in the same tariff series of C.A.B. numbers of the former agent. In this event, the new principal agent shall notify the Board that his tariffs will be so numbered.

(ii) The new principal agent shall consecutively number his tariffs in his own tariff series of C.A.B. numbers commencing with C.A.B. No. 1.

(2) If the new principal agent has filed tariffs with the Board as an issuing agent prior to taking over the former agent's tariffs, the new agent shall continue to number any tariffs, which he may subsequently issue, consecutively in his own series of C.A.B. numbers.

(3) If tariffs issued by the new principal agent will be numbered in a different C.A.B. number series from those of the former agent, any supplements or loose-leaf pages filed to, any amendments directed of, or any references to the tariffs of the former agent shall show directly in connection with the C.A.B. numbers that they are in the series of the former agent, for example:

(i) When new agent issues a new tariff which is designated C.A.B. No. 1 in his series and cancels C.A.B. No. 4 in the series of the former agent:

(ii) When new agent issues a supplement to tariff issued by the former agent:

(iii) When new agent issues a revised page to tariff issued by the former agent:

(e) Numbering tariff transmittal of new principal agent. All letters of tariff transmittal of the new principal agent shall be numbered consecutively in such agent's series of tariff transmittal numbers, and shall not be numbered in the former agent's series.

(f) Numbering special tariff permission applications of new principal agent. Applications for Special Tariff Permission filed by the new principal agent shall be numbered consequently in such agent's series of application numbers, and shall not be numbered in the former agent's series.

Upon the death or disability of either the principal agent or the alternate agent named in a power of attorney filed with the Board, a new power of attorney canceling the previously effective power of attorney and naming a new principal agent or a new alternate agent (as the case may be) thereafter to serve shall be filed within 180 days after such death or disability. The original thereof shall not be sent direct to the Board but shall be forwarded to the principal agent named therein who, after securing such instruments from all of the carriers participating in the effective tariffs, shall file the originals thereof with the Board all at one time. Such new powers of attorney shall become effective upon the date of their receipt by the Board and each power of attorney shall bear the following statement (in the upper right portion under the date):

(a) Prescribed form of adoption notice to be filed by adopting carrier. When the name of a carrier is changed or when its operating control is transferred to another carrier (including another company which has not previously been a carrier), the carrier which will thereafter operate the properties shall immediately issue, file with the Board, and post for public inspection an adoption notice prepared in accordance with the form set forth in § 221.246. Such adoption notice shall contain no matter other than that required by the prescribed form. (The carrier under its former name or the carrier from whom the operating control is transferred shall be referred to in this subpart as the “former carrier”, and the carrier under its new name or the carrier, company, or fiduciary to whom the operating control is transferred shall be referred to in this subpart as the “adopting carrier”.)

(b) Prepared, filed, and posted as a tariff publication. The adoption notice shall be prepared, filed, and posted as a tariff publication. The adoption notice shall be issued and filed by the adopting carrier and not by an agent.

(c) Copies to be sent to agents and other carriers. At the same time that the adoption notice is transmitted to the Board for filing, the adopting carrier shall send copies of such adoption notice to each agent and carrier to whom the former carrier has given a power of attorney or concurrence. (See § 221.233.)

At the same time that the adoption notice is issued, posted, and filed pursuant to § 221.230, the adopting carrier shall issue, post and file with the Board:

(a) A consecutively numbered supplement to each effective tariff (loose-leaf or book) issued by the former carrier which shall be prepared in accordance with the form set forth in § 221.247 and shall contain no matter other than that required by the prescribed form, and

(b) A revised title page, on lawful notice, to each effective loose-leaf tariff issued by the former carrier for the purpose of specifically showing the name of the adopting carrier in lieu of the former carrier's name wherever the latter appears on the title page.

A receiver shall, immediately upon assuming control of a carrier, issue and file with the Board an adoption notice and adoption supplements as prescribed by §§ 221.230 and 221.231 and shall comply with the requirements of this subpart. An adoption notice filed by a receiver shall be numbered consecutively in the tariff series of C.A.B. numbers of the former carrier and all subsequent tariffs issued by the receiver shall be consecutively numbered in that series. When such receivership relationship is terminated, the carrier taking over the assets shall file an adoption notice and adoption supplements in conformity with §§ 221.230 and 221.231.

If the former carrier is shown as a participating carrier under concurrence in tariffs issued by other carriers or is shown as a participating carrier under power of attorney in tariffs issued by agents, the issuing carriers and agents of such tariffs shall, upon receipt of the adoption notice, promptly file on statutory notice the following amendments to their respective tariffs:

(a) Cancel the name of the former carrier from the list of participating carriers. Such cancellation shall make reference to the substitution notice required by paragraph (c) of this section.

(b) Add the adopting carrier (in alphabetical order) to the list of participating carriers. Such addition shall make reference to the substitution notice required by paragraph (c) of this section. If the adopting carrier already participates in such tariff, reference to the substitution notice shall be added in connection with such carrier's name in the list of participating carriers.

(c) Add the following substitution notice (following the list of participating carriers):

(a) Numbering adopting carrier's tariffs. Except as otherwise provided in § 221.232, the adopting carrier shall consecutively number its adoption notice and tariffs in its own tariff series of C.A.B. numbers, and not in the series of the former carrier. If the adopting carrier has not filed tariffs with the Board previous to its adoption notice, the adoption notice shall be designated C.A.B. No. 1 and subsequent tariffs shall be consecutively numbered C.A.B. Nos. 2, 3, 4, 5, etc.

(b) Method of publishing reference to former carrier's tariffs (This paragraph is not applicable where adopting carrier is a receiver or other fiduciary). Any supplements or loose-leaf pages filed to, any amendments directed of, or any references to the tariffs of the former carrier shall show directly in connection with the C.A.B. number that such number is in the series of the former carrier, for example:

(1) If the adopting carrier issues and files a tariff which cancels a tariff issued by the former carrier, the title page of the new tariff shall set forth its C.A.B. number and the cancellation of the former tariff in the manner shown in the following example:

(2) If the adopting carrier issues a supplement to a tariff issued by the former carrier, the title page of the supplement shall set forth the supplement and C.A.B. numbers in the manner shown in the following example:

(3) If the adopting carrier issues a revised or original page to a loose-leaf tariff issued by the former carrier, the page shall set forth the C.A.B. number and page reference in the manner shown in the following example:

(a) Adopting carrier shall reissue adopted concurrences and powers of attorney. Within a period of 120 days after the date on which the change in name or transfer of operating control occurs, the adopting carrier shall reissue all effective powers of attorney and concurrences of the former carrier by issuing and filing new powers of attorney and concurrences, in the adopting carrier's name, which shall direct the cancellation of the respective powers of attorney and concurrences of the former carrier. The adopting carrier shall consecutively number its powers of attorney and concurrences in its own series of power of attorney numbers and concurrence numbers (commencing with No. 1 in each series if it had not previously filed any such instruments with the Board), except that a receiver or other fiduciary shall consecutively number its powers of attorney or concurrences in the series of the former carrier. The cancellation reference shall show that the canceled power of attorney or concurrence was issued by the former carrier, for example:

(b) Reissue of other carriers’ concurrences issued in favor of former carrier. Each carrier which has given a concurrence to a carrier whose tariffs are subsequently adopted shall reissue the concurrence in favor of the adopting carrier. If the carrier which issued the concurrence to the former carrier desires to revoke it or desires to replace it with a concurrence conferring less authority, the provisions of §§ 221.211 and 221.212 shall be observed.

The adopting carrier (except a receiver or other fiduciary) shall consecutively number its letters of tariff transmittal in its own series of tariff transmittal numbers (commencing with No. 1 if the adopting carrier has not filed tariff publications with the Board prior to its adoption notice). A receiver or other fiduciary shall consecutively number its letters of tariff transmittal in the former carrier's series of tariff transmittal numbers.

The adopting carrier (except a receiver or other fiduciary) shall consecutively number its applications for Special Tariff Permission in its own series of application numbers (commencing with No. 1 if the adopting carrier has not filed such applications prior to the adoption). A receiver or other fiduciary shall consecutively number its applications for Special Tariff Permission in the former carrier's series of application numbers.

If a carrier cease operations without having a successor, it shall:

(a) File a supplement to each tariff of its own issue and cancel such tariff in its entirety. Such supplement shall state that operations are discontinued and give reference to the Board's order permitting such discontinuance.

(b) Revoke all powers of attorney and concurrences which it has issued.

(a) Form. The letter of tariff transmittal required by § 221.163 shall contain the following information and shall be prepared substantially in the following form (on durable paper 81/2 by 11 inches):

(b) Explanations of reference marks. Where a reference mark is shown in the above letter of tariff transmittal form, the information to be shown where such reference mark appears shall conform to the requirements stated in the following explanation of the respective reference mark:

(a) Form. The application for Special Tariff Permission provided for in subpart P of this part shall contain the following information, as far as applicable, and shall be prepared substantially in the following form (on durable paper 81/2 by 11 inches):

(b) Explanations of reference marks shown in prescribed form. Where a reference mark is shown in the above Special Tariff Permission application form, the information to be shown where such reference mark appears shall conform to the requirements stated in the following explanation of the respective reference mark:

(c) Telegraphic application. Application may be submitted initially by telegraph or cable, provided that:

(1) All necessary information and references are contained in the telegraphic request; and

(2) The applicant immediately submits written confirmation, in duplicate, which shall observe the requirements of paragraphs (a) and (b) of this section.

(a) Form. The concurrence required by § 221.210 shall be prepared in accordance with the following form (on durable, white paper 81/2 by 11 inches):

(a) Form. The Notice of Revocation of Concurrence required by § 221.211 shall be prepared in accordance with the following form (on durable, white paper 81/2 by 11 inches):

(b) Explanations of reference marks. Where a reference mark is shown in the above form of Notice of Revocation of Concurrence, the information to be shown where such reference mark appears shall conform to the requirements stated in the following explanation of the respective reference mark:

(a) Form. The power of attorney required by § 221.220 shall be prepared in accordance with the following form (on durable, white paper 81/2 by 11 inches):

(b) Explanations of reference marks. Where a reference mark is shown in the above power of attorney form, the information to be shown where such reference mark appears shall conform to the requirements stated in the following explanation of the respective reference mark:

(a) Form. The Notice of Revocation of Power of Attorney required by § 221.221 shall be prepared in accordance with the following form (on durable, white paper 81/2 by 11 inches):

(b) Explanations of reference marks. Where a reference mark is shown in the above form of Notice of Revocation of Power of Attorney, the information to be shown where such reference mark appears shall conform to the requirements stated in the following explanation of the respective reference mark:

(a) Form. The adoption notice required by § 221.230 shall be prepared in accordance with the following form (on durable, white paper 81/2 by 11 inches with a clear margin of not less than 1 inch at left side):

(b) Explanations of reference marks. Where a reference mark is shown in the above adoption notice form, the information to be shown where such reference mark appears shall conform to the requirements stated in the following explanation of the respective reference mark:

(a) Form. The adoption supplement required by § 221.231 shall be prepared in accordance with the following form (on durable, white paper 81/2 by 11 inches with a clear margin of not less than 1 inch at left side):

(b) Explanations of reference marks. Where a reference mark is shown in the above adoption supplement, the information to be shown where such reference mark appears shall conform to the requirements stated in the following explanation of the respective reference mark:

Set forth below is a specimen title page of a tariff which is shown only for the purpose of illustrating the arrangement and location of a title page's contents. The parenthetical numbers in the following specimen refer to correspondingly numbered paragraphs of § 221.31(a) which prescribe the respective information to be shown (such parenthetical numbers shall not be shown on the actual title page):

(a) Any carrier, consistent with the provisions of this subpart, and part 221 generally, may file its international passenger fares tariffs and international passenger rules tariffs electronically in machine-readable form as an alternative to the filing of printed paper tariffs as provided for elsewhere in Part 221. This subpart applies to all carriers and tariff publishing agents and may be used by either if the carrier or agent complies with the provisions of subpart W. Any carrier or agent that files electronically under this subpart must transmit to the Department the remainder of the tariff, as applicable, in a form consistent with this Part 221, subparts A through V, on the same day that the electronic tariff would be deemed received under § 221.270(b).

(b) To the extent that subpart W is inconsistent with the remainder of part 221, subpart W shall govern the filing of electronic tariffs. In all other respects, part 221 remains in full force and effect.

(a) No carrier or filing agent shall file an electronic tariff unless, prior to filing, it has signed a maintenance agreement or agreements, furnished by the Department of Transportation, for the maintenance and security of the on-line tariff database.

(b) No carrier or agent shall file an electronic tariff unless, prior to filing, it has submitted to the Department's Office of International Aviation, Tariffs Division, and received approval of, an application containing the following commitments:

(1) The filer shall file tariffs electronically only in such format as shall be agreed to by the filer and the Department. (The filer shall include with its application a proposed format of tariff. The filer shall also submit to the Department all information necessary for the Department to determine that the proposed format will accommodate the data elements set forth in § 221.283.)

(2) The filer shall provide, maintain and install in the Public Reference Room at the Department (as may be required from time to time) one or more CRT devices and printers connected to its on-line tariff database. The filer shall be responsible for the transportation, installation, and maintenance of this equipment and shall agree to indemnify and hold harmless the Department and the U.S. Government from any claims or liabilities resulting from defects in the equipment, its installation or maintenance.

(3) The filer shall provide public access to its on-line tariff database, at Departmental headquarters, during normal business hours.

(4) The access required at Departmental headquarters by this subpart shall be provided at no cost to the public or the Department.

(5) The filer shall provide the Department access to its on-line tariff database 24 hours a day, 7 days a week, except, that the filer may bring its computer down between 6:00 a.m. and 6:00 p.m. Eastern Standard Time or Eastern Daylight Saving Time, as the case may be, on Sundays, when necessary, for maintenance or for operational reasons.

(6) The filer shall ensure that the Department shall have the sole ability to approve or disapprove electronically any tariff filed with the Department and the ability to note, record and retain electronically the reasons for approval or disapproval. The carrier or agent shall not make any changes in data or delete data after it has been transmitted electronically, regardless of whether it is approved, disapproved, or withdrawn. The filer shall be required to make data fields available to the Department in any record which is part of the on-line tariff database.

(7) The filer shall maintain all fares and rules with the Department and all Departmental approvals, disapprovals and other actions, as well as all Departmental notations concerning such approvals, disapprovals or other actions, in the on-line tariff database for a period of two (2) years after the fare or rule becomes inactive. After this period of time, the carrier or agent shall provide the Department, free of charge, with a copy of the inactive date on a machine-readable tape or other mutually acceptable electronic medium.

(8) The filer shall ensure that its on-line tariff database is secure against destruction or alteration (except as authorized by the Department), and against tampering.

(9) Should the filer terminate its business or cease filing tariffs electronically, it shall provide to the Department on a machine-readable tape or any other mutually acceptable electronic medium, contemporaneously with the cessation of such business, a complete copy of its on-line tariff database.

(10) The filer shall furnish to the Department, on a daily basis, on a machine-readable tape or any other mutually acceptable electronic medium, all transactions made to its on-line tariff database.

(11) The filer shall afford any authorized Departmental official full, free, and uninhibited access to its facilities, databases, documentation, records, and application programs, including support functions, environmental security, and accounting data, for the purpose of ensuring continued effectiveness of safeguards against threats and hazards to the security or integrity of its electronic tariffs, as defined in this subpart.

(12) The filer must provide a field in the Government Filing File for the signature of the approving U.S. Government Official through the use of a Personal Identification Number (PIN).

(13) The filer shall provide a leased dedicated data conditioned circuit with sufficient capacity (initially not less than 9.6K baud rate) to handle electronic data transmissions to the Department. Further, the filer must provide for a secondary or a redundancy circuit in the event of the failure of the dedicated circuit. The secondary or redundancy circuit must be equal to or greater than 4.8K baud rate. In the event of a failure of the primary circuit the filer must notify the Chief of the Tariffs Division of the Department's Office of International Aviation, as soon as possible, after the failure of the primary circuit, but not later than two hours after failure, and must provide the name of the contact person at the telephone company who has the responsibility for dealing with the problem.

(c) Each time a filer's on-line tariff database is accessed by any user during the sign-on function the following statement shall appear:

(a) A tariff, or revision thereto, or a special tariff permission application may be electronically filed with the Department immediately upon compliance with § 221.260, and anytime thereafter, subject to § 221.500. The actual date and time of filing shall be noted with each filing.

(b) For the purpose of determining the date that a tariff, or revision thereto, filed pursuant to this subpart, shall be deemed received by the Department:

(1) For all electronic tariffs, or revisions thereto, filed before 5:30 p.m. local time in Washington, DC, on Federal business days, such date shall be the actual date of filing.

(2) For all electronic tariffs, or revisions thereto, filed after 5:30 p.m. local time in Washington, DC, on Federal business days, and for all electronic tariffs, or revisions thereto, filed on days that are not Federal business days, such date shall be the next Federal business day.

(a) Any tariff, or revision thereto, filed in paper format which accompanies, governs, or otherwise affects, a tariff filed electronically, must be received by the Department on the same date that a tariff or revision thereto, is filed electronically with the Department under § 221.270(b). Further, such paper tariff, or revision thereto, shall be filed in accordance with the requirements of subparts A-V of part 221. No tariff or revision thereto, filed electronically under this subpart, shall contain an effective date which is at variance with the effective date of the supporting paper tariff, except as authorized by the Department.

(b) Any printed justifications, or other information accompanying a tariff, or revision thereto, filed electronically under this subpart, must be received by the Department on the same date as any tariff, or revision thereto, filed electronically.

(c) If a filer submits a filing which fails to comply with paragraph (a) of this section, or if the filer fails to submit the information in conformity with paragraph (b) of this section, the filing will be subject to rejection, denial, or disapproval, as applicable.

(a) Content. The format to be used for any electronic tariff must be that agreed to in advance as provided for in § 221.260, and must include those data elements set forth in § 221.283. Those portions that are filed in paper form shall comply in all respects with part 221, subparts A-V.

(b) Explanation of Abbreviations, Reference Marks and Symbols. Abbreviations, reference marks and symbols which are used in the tariff shall be explained in each tariff.

(1) The following symbols shall be used:

(2) Other symbols may be used only when an explanation is provided in each tariff and such symbols are consistent throughout all the electronically filed tariffs from that time forward.

(a) Every electronic tariff filed by or on behalf of an air carrier that contains fares which, by international convention or agreement entered into between any other country and the United States, are required to be filed with that country, shall include the following statement:

(b) The statement referenced in § 221.282(a) may be included with each filing advice by the inclusion of a symbol which is properly explained.

(c) The required symbol may be omitted from an electronic tariff or portion thereof if the tariff publication that has been filed with any other country pursuant to its tariff regulations bears a tariff filing designation of that country in addition to the C.A.B./D.O.T. number appearing on the tariff.

All electronic tariffs and amendments filed under this subpart, including those for which authority is sought to effect changes on less than bilateral/statutory notice under § 221.302, shall contain the following data elements:

(a) A Filing Advice Status File—which shall include:

(1) Filing date and time;

(2) Filing advice number;

(3) Reference to carrier;

(4) Reference to geographic area;

(5) Effective date of amendment or tariff;

(6) A place for government action to be recorded; and

(7) Reference to the Special Tariff Permission when applicable.

(b) A Government Filing File—which shall include:

(1) Filing advice number;

(2) Carrier reference;

(3) Filing date and time;

(4) Proposed effective date;

(5) Justification text; reference to geographic area and affected tariff number;

(6) Reference to the Special Tariff Permission when applicable;

(7) Government control data, including places for:

(i) Name of the government analyst, except that this data shall not be made public, notwithstanding any other provision in this or any other subpart;

(ii) Action taken and reasons therefor.

(iii) Remarks, except that internal Departmental data shall not be made public, notwithstanding any other provision in this or any other subpart;

(iv) Date action is taken; and

(v) Personal Identification Number; and

(8) Fares tariff, or proposed changes to the fares tariffs, including:

(i) Market;

(ii) Fare code;

(iii) One-way/roundtrip (O/R);

(iv) Fare Amount;

(v) Currency;

(vi) Footnote (FN);

(vii) Rule Number, provided that, if the rule number is in a tariff, reference shall be made to that tariff containing the rule;

(viii) Routing (RG) Number(s), provided that the abbreviation MPM (Maximum Permissible Routing) shall be considered a number for the purpose of this file;

(ix) Effective date and discontinue date if the record has been superseded;

(x) Percent of change from previous fares; and

(xi) Expiration date.

(9) Rules tariff, or proposed changes to the rules tariffs.

(i) Rules tariffs shall include:

(A) Title: General description of fare rule type and geographic area under the rule;

(B) Application: Specific description of fare class, geographic area, type of transportation (one way, round-trip, etc.);

(C) Period of Validity: Specific description of permissible travel dates and any restrictions on when travel is not permitted;

(D) Reservations/ticketing: Specific description of reservation and ticketing provisions, including any advance reservation/ticketing requirements, provisions for payment (including prepaid tickets), and charges for any changes;

(E) Capacity Control: Specific description of any limitation on the number of passengers, available seats, or tickets;

(F) Combinations: Specific description of permitted/restricted fare combinations;

(G) Length of Stay: Specific description of minimum/maximum number of days before the passenger may/must begin return travel;

(H) Stopovers: Specific description of permissible conditions, restrictions, or charges on stopovers;

(I) Routing: specific description of routing provisions, including transfer provisions, whether on-line or inter-line;

(J) Discounts: Specific description of any limitations, special conditions, and discounts on status fares, e.g. children or infants, senior citizens, tour conductors, or travel agents, and any other discounts;

(K) Cancellation and Refunds: Specific description of any special conditions, charges, or credits due for cancellation or changes to reservations, or for request for refund of purchased tickets;

(L) Group Requirements: Specific description of group size, travel conditions, group eligibility, and documentation;

(M) Tour Requirements: Specific description of tour requirements, including minimum price, and any stay or accommodation provisions;

(N) Sales Restrictions: Specific description of any restrictions on the sale of tickets;

(O) Rerouting: Specific description of rerouting provisions, whether on-line or inter-line, including any applicable charges; and

(P) Miscellaneous provisions: Any other applicable conditions.

(ii) Rules tariffs shall not contain the phrase “intentionally left blank”.

(10) Any material accepted by the Department for informational purposes only shall be clearly identified as “for information only, not part of official tariff”, in a manner acceptable to the Department.

(c) A Historical File—which shall include:

(1) Market;

(2) Fare code;

(3) One-way/roundtrip (O/R);

(4) Fare amount;

(5) Currency;

(6) Footnote (FN);

(7) Rule Number, provided that, if the rule number is in a tariff other than the fare tariff, reference shall be made to that tariff containing the rule;

(8) Rule text;

(9) Routing (RG) Numbers, provided that the abbreviation MPM (Maximum Permissible Routing) shall be considered a number for the purpose of this file;

(10) Effective Date;

(11) Discontinue Date;

(12) Government Action;

(13) Carrier;

(14) All inactive fares (two years);

(15) Any other fare data which is essential; and

(16) Any necessary cross reference to the Government Filing File for research or other purposes.

(a) Each “bundled” and “unbundled” normal economy fare applicable to foreign air transportation shall bear a unique rule number.

(b) The unique rule numbers for the fares specified in this section shall be set by mutual agreement between the filer and the Department prior to the implementation of any electronic filing system.

When one carrier adopts the tariffs of another carrier, the effective and prospective fares of the adopted carrier shall be changed to reflect the name of the adopting carrier and the effective date of the adoption. Further, each adopted fare shall bear a notation which shall reflect the name of the adopted carrier and the effective date of the adoption, provided that any subsequent revision of an adopted fare may omit the notation.

Any carrier or its agent, must provide, as to any new or increased bundled or unbundled (whichever is lower) on-demand economy fare in a direct-service market, a comparison between, on the one hand, that proposed fare, and on the other hand, the ceiling fare allowed in that market based on either the pertinent ECAC Zone or SFFL. If, however, the carrier's proposed fare is intended to match that already approved for another direct-service carrier, the proponent carrier may forego the comparison and instead, simply identify the direct competitor's fare it claims to match.

All fares filed electronically in direct-service markets shall be filed as single factor fares.

(a) A rate, fare, charge, change, rule or other tariff provision that is suspended by the Department pursuant to section 1002 of the Act (49 U.S.C. 1482) shall be noted by the Department in the Government Filing File and the Historical File.

(b) When the Department vacates a tariff suspension, in full or in part, and after notification of the carrier by the Department, such event shall be noted by the carrier in the Government Filing File and the Historical File.

(c) When a tariff suspension is vacated or when it becomes effective upon termination of the suspension period, the carrier or its agent shall refile the tariff showing the effective date.

When, pursuant to an order of the Department, the cancellation of rules, fares, charges, or other tariff provision is required, such action shall be made by the carrier by appropriate revisions to the tariff.

(a) When a filer submits an electronic tariff or an amendment to an electronic tariff for which authority is sought to effect changes on less than bilateral/statutory notice, and no related tariff material is involved. The submission shall bear a sequential filing advice number. The submission shall appear in the Government Filing File and the Filing Advice Status File, and shall be referenced in such a manner to clearly indicate that such changes are sought to be made on less than bilateral/statutory notice.

(b) When a filer submits an electronic tariff or an amendment to the electronic tariff for which authority is sought to effect changes on less than bilateral/statutory notice, and it contains related paper under § 221.275, the paper submission must bear the same filing advice number as that used for the electronic submission. Such paper submission shall be in the form of a revised tariff page as prescribed by subpart H of 14 CFR part 221, rather than as a separate request for Special Tariff Permission. All material being submitted on a paper tariff page as part of an electronic submission, will clearly indicate the portion(s) of such tariff page that is being filed pursuant to, and in conjunction with, the electronic submission on less than bilateral/statutory notice.

(c) Departmental action on the Special Tariff Permission request, both electronic and paper, shall be noted by the Department in the Government Filing File and the Filing Advice Status File.

(d) When the paper portion of a Special Tariff Permission that has been filed with the Department pursuant to paragraph (b) of this section is disapproved or other action is taken by the Department, such disapproval or other action will be reflected on the next consecutive revision of the affected tariff page(s) in the following manner:

(1) The portion(s) of __ Revised Page __ filed under EFA No. __ was/were disapproved by DOT.

(2) Example of other action: the portion(s) __ Revised Page __ filed under EFA No. __ was/were required to be amended by DOT.

(e) When the Department disapproves in whole or in part or otherwise takes an action against any page filed under this section the filer must revise and refile a revised page within two business days following the disapproval or notice of other action.

(f) All submissions under this section shall comply with the requirements of § 221.283.

In the event that the electronic tariff system is discontinued, or the source of the data is changed, or a filer discontinues its business, all electronic data records prior to such date shall be provided immediately to the Department, free of charge, on a machine-readable tape or other mutually acceptable electronic medium.

(a) After approval of any application filed under § 221.260 of this subpart to allow a filer to file tariffs electronically, the filer in addition to filing electronically must continue to file printed tariffs as required by subparts A-V of part 221 for a period of 90 days, or until such time as the Department shall deem such filing no longer to be necessary: Provided, That during the period specified by this section the filed printed tariff shall continue to be the official tariff.

(b) Upon notification to the filer that it may commence to file its tariffs solely in an electronic mode, concurrently with the implementation of filing electronically the filer shall:

(1) Furnish the Department with a copy of all the existing effective and prospective records on a machine-readable tape or other mutually acceptable electronic medium accompanied by an affidavit attesting to the accuracy of such records; and

(2) Simultaneously cancel such records from the paper tariff in the manner prescribed by subparts A-V of part 221.

(a) Each filer that files an electronic tariff under this subpart shall make available to any person so requesting, a subscription service meeting the terms of paragraph (b) of this section.

(b) Under the required subscription service, remote access shall be allowed to any subscriber to the on-line tariff database, including access to the justification required by § 221.286. The subscription service shall not preclude the offering of additional services by the filer or its agent.

(c) The filer at its option may establish a charge for providing the required subscription service to subscribers: Provided, That the charge may not exceed a reasonable estimate of the added cost of providing the service.

(d) Each filer shall provide to any person upon request, a copy of the machine-readable data (raw tariff data) of all daily transactions made to its on-line tariff database. The terms and prices for such value-added service may be set by the filer: Provided, That such terms and prices shall be non-discriminatory, i.e., that they shall be substantially equivalent for all similarly-situated persons.

Copies of information contained in a filer's on-line tariff database may be obtained by any user at Departmental Headquarters from the printer or printers placed in Tariff Public Reference Room by the filer. The filer may assess a fee for copying, provided it is reasonable and that no administrative burden is placed on the Department to require the collection of the fee or to provide any service in connection therewith.

When an electronically filed record which has been submitted to the Department under this subpart, is disapproved (rejected), or a special tariff permission is approved or denied, under authority assigned by the Department of Transportation's Regulations, 14 CFR 385.13, such actions shall be understood to include the following provisions:

Each large certificated air carrier shall keep its books of account, records and memoranda and make reports to the BTS in accordance with this system of accounts and reports. The BTS reserves the right, however, under the provisions of sections 49 U.S.C. 41701 and 41708, to expand or otherwise modify the classes of carriers subject to this system of accounts and reports.

A waiver from any provision of this system of accounts or reports may be made by the BTS upon its own initiative or upon the submission of written request therefor from any air carrier, or group of air carriers, provided that such a waiver is in the public interest and each request for waiver expressly demonstrates that: existing peculiarities or unusual circumstances warrant a departure from a prescribed procedure or technique; a specifically defined alternative procedure or technique will result in a substantially equivalent or more accurate portrayal of operating results or financial condition, consistent with the principles embodied in the provisions of this system of accounts and reports; and the application of such alternative procedure will maintain or improve uniformity in substantive results as between air carriers.

(a) This system of accounts and reports is designed to permit limited contraction or expansion to reflect the varying needs and capacities of different air carriers without impairing basic accounting comparability as between air carriers. In its administration three air carrier groups, designated Group I, Group II, and Group III, respectively (see section 04), are established by the BTS. This grouping will be reviewed from time to time upon petition of individual air carriers or by initiative of the BTS with the view of a possible regrouping of the air carriers.

(b) Under the system of accounts prescribed, balance sheet elements are accounted for by all air carrier groups within a fixed uniform pattern of specific accounts. All profit and loss elements are accounted for within specific objective accounts established for each air carrier group resulting from dual classifications, designated for each air carrier group, which are descriptive of both basic areas of financial activity, or functional operation, and objective served. The profit and loss elements of the three air carrier groups can be reduced to broad objectives and general or functional classifications which are comparable for all air carrier groups. Both balance sheet and profit and loss accounts and account groupings are designed, in general, to embrace all activities, both air transport and other than air transport, in which the air carrier engages and provide for the separation of elements identifiable exclusively with other than air transport activities. Profit and loss elements which are recorded during the current accounting year are subclassified as between (1) those which relate to the current accounting year and adjustments of a recurrent nature applicable to prior accounting years, and (2) extraordinary items of material magnitude.

(c) In order to afford air carriers as much flexibility and freedom as possible in establishing ledger and subsidiary accounts to meet their individual needs, a minimum number of account subdivisions have been prescribed in this Uniform System of Accounts. It is intended, however, that each air carrier, in maintaining its accounting rec-ords, will provide subaccount and subsidiary account segregations of accounting elements which differ in nature of accounting characteristics, in a manner which will render individual elements readily discernible and traceable throughout the accounting system, and will provide for relating profit and loss elements to applicable balance sheet counterparts.

(a) A four digit control number is assigned for each balance sheet and profit and loss account. Each balance sheet account is numbered sequentially, within blocks, designating basic balance sheet classifications. The first two digits of the four digit code assigned to each profit and loss account denote a detailed area of financial activity or functional operation. The first two digits, thus assigned to each profit and loss account, are numbered sequentially within blocks, designating more general classifications of financial activity and functional operation. The second two digits assigned to profit and loss accounts denote objective classifications.

(b) A fifth digit, appended as a decimal, has been assigned for internal control by the BTS of prescribed subdivisions of the primary objective balance sheet and profit and loss classifications. A different fifth digit code number from that assigned by the BTS may be adopted for internal recordkeeping by the air carrier provided the prescribed subclassification of objective accounts is not impaired and the code number assigned by the BTS is employed in reporting to the BTS on Form 41 Reports.

(a) The general books of account and all books, records, and memoranda which support in any way the entries therein shall be kept in such manner as to provide at any time full information relating to any account. The entries in each account shall be supported by such detailed information as will render certain the identification of all facts essential to a verification of the nature and character of each entry and its proper classification under the prescribed Uniform System of Accounts. Registers, or other appropriate records, shall be maintained of the history and nature of each note receivable and each note payable.

(b) The books and records referred to herein include not only accounting records in a limited technical sense, but all other records such as organization tables and charts, internal accounting manuals and revisions thereto, minute books, stock books, reports, cost distributions and other accounting work sheets, correspondence, memoranda, etc., which may constitute necessary links in developing the history of, or facts regarding, any accounting or financial transaction.

(c) All books, records and memoranda shall be preserved and filed in such manner as to readily permit the audit and examination thereof by representatives of the DOT. All books, records, and memoranda shall be housed or stored in such manner as to afford protection from loss, theft, or damage by fire, flood or otherwise and no such books and records shall be destroyed or otherwise disposed of, except in conformance with 14 CFR part 249 for the preservation of records.

(a) Separate accounting records shall be maintained for each air transport entity for which separate reports to the BTS are required to be made by sections 21(g) and for each separate corporate or organizational division of the air carrier. For purposes of this Uniform System of Accounts and Reports, each nontransport entity conducting an activity which is not related to the air carrier's transport activities and each transport-related activity or group of activities qualifying as a nontransport venture pursuant to paragraph (b) of this section, whether or not formally organized within a distinct organizational unit, shall be treated as a separately operated organizational division; except that provisions of this paragraph and paragraph (b) shall not apply to leasing activities.

(b) As a general rule, any activity or group of activities comprising a transport-related service provided for in transport-related revenue and expense accounts 09 through 18 shall be considered a separate nontransport venture under circumstances in which either: (1) A separate corporate or legal entity has been established to perform such services, (2) the aggregate annual revenue rate, as determined in section 2-1(d), during either of the prior two years exceeds the greater of $1 million per annum or one percent of the air carrier's total annual transport revenues, or (3) the aggregate annual expense rate, as determined in section 2-1(d), during either of the prior two years exceeds the greater of $1 million or one percent of the carrier's total annual operating expenses: Provided, That revenues and expenses from in-flight sales, and interchange sales shall be considered related to air transportation and accounted for accordingly, regardless of the revenue or expense standard set forth above.

(c) The records for each required accounting entity shall be maintained with sufficient particularity to permit a determination that the requirements of section 2-1 have been complied with.

To the end that uniform accounting may be maintained, questions involving matters of accounting significance which are not clearly provided for should be submitted to the Director, Office of Airline Information, K-25, Bureau of Transportation Statistics, for explanation, interpretation, or resolution.

All reports required under this part and related correspondence shall be addressed to: Office of Airline Information, K-25, Room 4125, U.S. Department of Transportation, 400 Seventh St., SW., Washington, DC 20590.

(a) The accounting provisions contained in this part are based on generally accepted accounting principles (GAAP). Persons subject to this part are authorized to implement, as prescribed by the Financial Accounting Standards Board, newly issued GAAP pronouncements until and unless the Director, Office of Airline Information (OAI), issues an Accounting Directive making an initial determination that implementation of a new pronouncement would adversely affect the Department's programs.

(b) The Director, OAI, shall review each newly issued GAAP pronouncement to determine its affect on the Department's regulatory programs. If adopting a specific change in GAAP would adversely affect the Department's programs, the Director will issue the results of the review in the form of an Accounting Directive. The directive will state the reasons why the particular change should not be incorporated in the uniform system of accounts and contain accounting guidance for maintaining the integrity of the Department's air carrier accounting provisions.

(c) Objections and comments relating to the Department's decision not to implement a change in generally accepted principles may be addressed to Director, Office of Airline Information, K-25, Room 4125, U.S. Department of Transportation, 400 Seventh St., SW., Washington, DC 20590. If significant objections are raised urging adoption of a particular GAAP pronouncement, the Department will institute a rulemaking.

(a) The provisions of this section shall apply to each person controlling an air carrier, each person controlled by the air carrier, as well as each transport entity and organizational division of the air carrier for which separate records must be maintained pursuant to section 1-6.

(b) Each transaction shall be recorded and placed initially under accounting controls of the particular air transport entity or organizational division of the air carrier or member of an affiliated group to which directly traceable. If applicable to two or more accounting entities, a proration shall be made from the entity of original recording to other participating entities on such basis that the statements of financial condition and operating results of each entity are comparable to those of distinct legal entities. The allocations involved shall include all debits and credits associated with each entity.

(c) For purposes of this section, investments by the air carrier in resources or facilities used in common by the regulated air carrier and those transport-related revenue services defined as separate nontransport ventures under section 1-6(b) shall not be allocated between such entities but shall be reflected in total in the appropriate accounts of the entity which predominately uses those investments. Where the entity of predominate use is a nontransport venture, the air carrier shall reflect the investment in account 1510.3, Advances to Associated Companies.

(d) For purposes of this Uniform System of Accounts and Reports, all revenues shall be assigned to or apportioned between accounting entities on bases which will fully recognize the services provided by each entity, and expenses, or costs, shall be apportioned between accounting entities on such bases as will result: (1) With respect to transport-related services, in the assignment thereto of proportionate direct overheads, as well as direct labor and materials, of the applicable expense functions prescribed by this system of accounts and reports, and (2) with respect to separate ventures, in the assignment thereto of proportional general and administrative overheads as well as the direct overheads, labor, and materials.

(a) Revenues and expenses attributable to a single natural objective account or functional classification shall be assigned accordingly.

(b) Revenue and expense items which are common to two or more natural objective accounts shall be recorded in the objective accounts to which they predominantly relate.

(c) Expense items contributing to more than one function shall be charged to the general overhead functions to which applicable except that where only incidental contribution is made to more than a single function an item may be included in the function to which primarily related, provided such function is not distorted by including an aggregation of amounts applicable to other functions. When assignment of expense items on the basis of the primary activity to which related does not in the aggregate result in a fair presentation of the expenses applicable to each function, apportionment shall be made between functions based upon a study of the contribution to each function during a representative period.

(a) The accounting year of each air carrier subject to this Uniform System of Accounts shall be the calendar year unless otherwise approved by the BTS.

(b) Each air carrier shall keep its financial accounts and records on a full accrual basis for each quarter so that all transactions, as nearly as may reasonably be ascertained, shall be fully reflected in the air carrier's books for the quarter in which revenues have been earned and the costs attaching to the revenues so earned in each quarter have been incurred independently of the incidence of sales or purchases and settlement with debtors or creditors.

(c) Expenditures incurred during the current accounting year which demonstrably benefit operations to be performed during subsequent accounting years to a significant extent shall be deferred and amortized to the period in which the related operations are performed when of sufficient magnitude to distort the accounting results of the year in which incurred.

(d) Expenditures charged directly or amortized to operations within one accounting year shall not be reversed in a subsequent accounting year and reamortized or charged directly against operations of subsequent years except that retroactive adjustments are permitted where necessary to conform with adjustments required by the DOT for ratemaking purposes.

(a) Revenue accounting practices shall conform to the provisions of account 2160, Air Traffic Liability.

(b) Each route air carrier shall physically verify the reliability of its passenger revenue accounting practice at least once each accounting year.

(c) For those carriers who use the yield or average-fare method to determine earned revenue, the analysis supporting the verification shall include:

(1) The cutoff date for the liability to be verified; such cutoff date shall be at the end of a calendar month.

(2) The number of months after the cutoff date during which documents were examined to verify the liability; the number of months after the cutoff date during which documents are examined shall not exceed the maximums set forth below:

(3) The nature of the documents which were examined for purposes of the verification.

(4) The totals for each of the various types of documents examined, on actual or sampling basis.

(5) A description of the sampling technique and conversion to totals, if sampling was employed.

(6) The amount and basis for all estimates employed in the verification.

(7) The amount of resulting adjustments and the quarter in which such adjustments were, or are to be, made in the accounts.

(d) For those carriers who use the sales-lift match method to determine earned revenue, the analysis supporting the physical inventory verification shall include:

(1) The cutoff date for the liability to be verified; such cutoff date shall be at the end of a calendar month.

(2) A trial balance as of the cutoff date of all subaccounts supporting the Air Traffic Liability control account; the subsidiary trial balance must agree with the Air Traffic Liability control account or a reconciliation statement furnished.

(3) A statement to the effect that a sales listing of the value of all unmatched auditor coupons has been compiled and compared to the general ledger control figure; the statement required by this subparagraph shall indicate whether or not the value of the unmatched coupons is in agreement with the general ledger. If the sales listing is not in agreement with the Air Traffic Liability control account, the amount of such difference shall be shown on such statement.