1、54 14 CFR Ch. II (1111 Edition) 218.6 and other factors relied upon to dem-onstrate that true operational control and safety responsibility for the air transportation services to be provided are in the hands of the lessee rather than the lessor. A copy of the agree-ment and all amendments thereof, a
2、s well as a summary interpretation of its pertinent provisions, shall be included with the applications. Any interested person may file an answer to the appli-cation within 7 days after service here-of. Until the Board has acted upon the application, no operations in foreign transportation shall be
3、performed pur-suant to the agreement. 218.6 Issuance of order disclaiming jurisdiction. If the Board finds that true oper-ational control and safety responsi-bility will be vested in the lessee and not in the lessor (i.e., that the lease transaction is in substance a true lease of aircraft rather th
4、an a charter or se-ries of charters), and that the perform-ance of the operations provided for in such lease will not result in the lessors being engaged in foreign air transpor-tation, it will issue an order dis-claiming jurisdiction over the matter. Otherwise the application for dis-claimer of jur
5、isdiction will be denied. 218.7 Presumption. Whether under a particular lease agreement the lessor of the aircraft is engaged in foreign air transportation is a question of fact to be determined in the light of all the facts and cir-cumstances. However, in circumstances where the lessor furnishes bo
6、th the air-craft and the crew, there is a presump-tion that true operational control and safety responsibility are exercised by the lessor, and that the agreement con-stitutes a charter arrangement under which the lessor is engaged in foreign air transportation. The burden shall rest upon the applic
7、ants for disclaimer of jurisdiction in each instance to dem-onstrate by an appropriate factual showing that the operation con-templated will not constitute foreign air transportation by the lessor. PART 221TARIFFS Subpart AGeneral Sec. 221.1 Applicability of this part. 221.2 Carriers duty. 221.3 Def
8、initions. 221.4 English language. 221.5 Unauthorized air transportation. Subpart BWho Is Authorized To Issue and File Tariffs 221.10 Carrier. 221.11 Agent. Subpart CSpecifications of Tariff Publications 221.20 Specifications applicable to tariff publications. Subpart DManner of Filing Tariffs 221.30
9、 Passenger fares and charges. 221.31 Rules and regulations governing pas-senger fares and services. Subpart EContents of Tariff 221.40 Specific requirements. 221.41 Routing. Subpart FRequirements Applicable to all Statements of Fares and Charges 221.50 Currency. 221.51 Territorial application. 221.5
10、2 Airport to airport application, acces-sorial services. 221.53 Proportional fares. 221.54 Fares stated in percentages of other fares; other relationships prohibited. 221.55 Conflicting or duplicating fares pro-hibited. 221.56 Applicable fare when no through local or joint fares. Subpart GGoverning
11、Tariffs 221.60 When reference to governing tariffs permitted. 221.61 Rules and regulations governing for-eign air transportation. 221.62 Explosives and other dangerous or re-stricted articles. 221.63 Other types of governing tariffs. Subpart HAmendment of Tariffs 221.70 Who may amend tariffs. 221.71
12、 Requirement of clarity and speci-ficity. 221.72 Reinstating canceled or expired tariff provisions. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00064 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or netwo
13、rking permitted without license from IHS-,-,-55 Office of the Secretary, DOT Pt. 221 Subpart ISuspension of Tariff Provisions by Department 221.80 Effect of suspension by Department. 221.81 Suspension supplement. 221.82 Reissue of matter continued in effect by suspension to be canceled upon termi-na
14、tion of suspension. 221.83 Tariff must be amended to make sus-pended matter effective. 221.84 Cancellation of suspended matter subsequent to date to which suspended. Subpart JFiling Tariff Publications With Department 221.90 Required notice. 221.91 Delivering tariff publications to De-partment. 221.
15、92 Number of copies required. 221.93 Concurrences or powers of attorney not previously filed to accompany tariff transmittal. 221.94 Explanation and data supporting tar-iff changes and new matter in tariffs. Subpart KAvailability of Tariff Publications for Public Inspection 221.100 Public notice of
16、tariff information. 221.101 Inspection at stations, offices, or lo-cations other than principal or general office. 221.102 Accessibility of tariffs to the public. 221.103 Notice of tariff terms. 221.105 Special notice of limited liability for death or injury under the Warsaw Con-vention. 221.106 Not
17、ice of limited liability for bag-gage; alternative consolidated notice of liability limitations. 221.107 Notice of contract terms. 221.108 Transmission of tariff filings to sub-scribers. Subpart LRejection of Tariff Publications 221.110 Departments authority to reject. 221.111 Notification of reject
18、ion. 221.112 Rejected tariff is void and must not be used. Subpart MSpecial Tariff Permission to File on Less Than Statutory Notice 221.120 Grounds for approving or denying Special Tariff Permission applications. 221.121 How to prepare and file applications for Special Tariff Permission. 221.122 Spe
19、cial Tariff Permission to be used in its entirety as granted. 221.123 Re-use of Special Tariff Permission when tariff is rejected. Subpart NWaiver of Tariff Regulations 221.130 Applications for waiver of tariff reg-ulations. 221.131 Form of application for waivers. Subpart OGiving and Revoking Concu
20、rrences to Carriers 221.140 Method of giving concurrence. 221.141 Method of revoking concurrence. 221.142 Method of withdrawing portion of authority conferred by concurrence. Subpart PGiving and Revoking Powers of Attorney to Agents 221.150 Method of giving power of attorney. 221.151 Method of revok
21、ing power of attor-ney. 221.152 Method of withdrawing portion of authority conferred by power of attor-ney. Subpart QAdoption Publications Re-quired To Show Change in Carriers Name or Transfer of Operating Control 221.160 Adoption notice. 221.161 Notice of adoption to be filed in former carriers tar
22、iffs. 221.162 Receiver shall file adoption notices. 221.163 Agents and other carriers tariffs shall reflect adoption. 221.164 Concurrences or powers of attorney to be reissued. 221.165 Cessation of operations without suc-cessor. Subpart RElectronically Filed Tariffs 221.170 Applicability of the subp
23、art. 221.180 Requirements for electronic filing of tariffs. 221.190 Time for filing and computation of time periods. 221.195 Requirement for filing printed mate-rial. 221.200 Content and explanation of abbrevia-tions, reference marks and symbols. 221.201 Statement of filing with foreign gov-ernments
24、 to be shown in air carriers tar-iff filings. 221.202 The filing of tariffs and amendments to tariffs. 221.203 Unique rule numbers required. 221.204 Adoption of provisions of one carrier by another carrier. 221.205 Justification and explanation for certain fares. 221.206 Statement of fares. 221.210
25、Suspension of tariffs. 221.211 Cancellation of suspended matter. 221.212 Special tariff permission. 221.300 Discontinuation of electronic tariff system. 221.400 Filing of paper tariffs required. 221.500 Transmission of electronic tariffs to subscribers. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046
26、PO 00000 Frm 00065 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-56 14 CFR Ch. II (1111 Edition) 221.1 221.550 Copies of tariffs made from filers printer(s) located i
27、n Departments public reference room. 221.600 Actions under assigned authority and petitions for review of staff action. AUTHORITY: 49 U.S.C. 40101, 40109, 40113, 46101, 46102, chapter 411, chapter 413, chapter 415 and chapter 417, subchapter I. SOURCE: 64 FR 40657, July 27, 1999, unless otherwise no
28、ted. Subpart AGeneral 221.1 Applicability of this part. All tariffs and amendments to tariffs of air carriers and foreign air carriers filed with the Department pursuant to chapter 415 of the statute shall be con-structed, published, filed, posted and kept open for public inspection in ac-cordance w
29、ith the regulations in this part and orders of the Department. 221.2 Carriers duty. (a) Must file tariffs. (1) Except as pro-vided in paragraph (d) of this section, every air carrier and every foreign air carrier shall file with the Department, and provide and keep open to public in-spection, tariff
30、s showing all fares, and charges for foreign air transportation between points served by it, and be-tween points served by it and points served by any other air carrier or for-eign air carrier, when through service and through rates shall have been es-tablished, and showing to the extent required by
31、 regulations and orders of the Department, all classifications, rules, regulations, practices, and serv-ices in connection with such foreign air transportation. (2) Tariffs shall be filed, and provided in such form and manner, and shall contain such information as the De-partment shall by regulation
32、 or order prescribe. Any tariff so filed which is not consistent with chapter 415 of the statute and such regulations and or-ders may be rejected. Any tariff so re-jected shall be void, and may not be used. (b) Must observe tariffs. No air carrier or foreign air carrier shall charge or demand or col
33、lect or receive a greater or less or different compensation for foreign air transportation or for any service in connection therewith, than the 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
34、 indirectly, or through any agent or broker, or otherwise, refund or remit any portion of the fares, or charges so specified, or extend to any person any privileges or facilities, with respect to matters required by the Department to be specified in such tariffs, except those specified in such tarif
35、fs. (c) No relief from violations. Nothing contained in this part shall be con-strued as relieving any air carrier or foreign air carrier from liability for violations of the statute, nor shall the filing of a tariff, or amendment there-to, relieve any air carrier or foreign air carrier from such vi
36、olations or from violations of regulations issued under the statute. (d) Exemption authority. Air carriers and foreign air carriers, both direct and indirect, are exempted from the re-quirement of section 41504 of the stat-ute and any requirement of this chap-ter to file, and shall not file with the
37、 Department, tariffs for operations under the following provisions: (1) Part 291, Domestic Cargo Trans-portation; (2) Part 296, Indirect Air Transpor-tation of Property; (3) Part 297, Foreign Air Freight For-warders and Foreign Cooperative Ship-pers Association; (4) Part 298, Exemption for Air Taxi
38、Operations, except to the extent noted in 298.11(b); (5) Part 380, Public Charters; (6) Part 207, Charter Trips and Spe-cial 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) Pa
39、rt 292, International Cargo Transportation, except as provided in part 292. (10) Part 293 International Passenger Transportation, except as provided in part 293. 221.3 Definitions. As used in this part, terms shall be defined as follows: Add-on means an amount published for use only in combination w
40、ith other VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00066 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-57 Office of the Secretary, DOT 221.3 fares f
41、or the construction of through fares. It is also referred to as propor-tional fare and arbitrary fare. Add-on tariff means a tariff which contains add-on fares. Area No. 1 means all of the North and South American Continents and the is-lands adjacent thereto; Greenland; Ber-muda; the West Indies and
42、 the islands of the Caribbean Sea; and the Hawaiian Islands (including Midway and Pal-myra). Area No. 2 means all of Europe (in-cluding that part of the former Union of the Soviet Socialist Republics in Eu-rope) and the islands adjacent thereto; Iceland; the Azores; all of Africa and the islands adj
43、acent 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 Zea-land, and the islands adjacent thereto; and the islands of the
44、 Pacific Ocean ex-cept those included in Area No. 1. 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. Capacity controlled fare means a
45、fare for which a carrier limits the number of seats available for sale. Carrier means an air carrier or for-eign air carrier subject to section 41504 of 49 U.S.C. subtitle VII. Charge means the amount charged for baggage, in excess of the free allow-ance, accompanying or checked by a passenger or fo
46、r any other service an-cillary to the passengers carriage. Conditions of carriage means those rules of general applicability that de-fine the rights and obligations of the carrier(s) and any other party to the contract of carriage with respect to the transportation services provided. Contract of car
47、riage means those fares, rules, and other provisions appli-cable to the foreign air transportation of passengers or their baggage, as de-fined in the statute. Department means the Department of Transportation. Direct-service market means an inter-national market where the carrier pro-vides service e
48、ither on a nonstop or single-flight-number basis, including change-of-gauge. Electronic tariff means an inter-national passenger fares or rules tariff or a special tariff permission applica-tion transmitted to the Department by means of an electronic medium, and containing fares for the transportati
49、on of persons and their baggage, and in-cluding such associated data as arbitraries, footnotes, routings, and fare class explanations. Fare means the amount per passenger or group of persons stated in the appli-cable tariff for the air transportation thereof and includes baggage unless the context otherwise requires. Field means a specific area of a record used for a particular category of data. Filer means an air carrier, foreign air carrier
