1、456 14 CFR Ch. II (1111 Edition) Pt. 389 business day following the date of serv-ice of the Reviewing Officials order, unless the order provides otherwise. Decisions by the Reviewing Official under this part are final and are not subject to petitions for reconsider-ation. Doc. T1, 49 FR 50985, Dec.
2、31, 1984; Amdt. 1, 50 FR 7170, Feb. 21, 1985. Redesignated by Doc. No. OST-96-1268, 61 FR 19171, May 1, 1996 PART 389FEES AND CHARGES FOR SPECIAL SERVICES Subpart AGeneral Provisions Sec. 389.1 Policy and scope. Subpart BFees for Special Services 389.10 Applicability of subpart. 389.11 Services avai
3、lable. 389.12 Payment of fees and charges. 389.13 Fees for services. 389.14 Locating and copying records and documents. 389.15 Certification of copies of documents. 389.16 Board publications. 389.17 Transcripts of proceedings. Subpart CFiling and Processing License Fees 389.20 Applicability of subpa
4、rt. 389.21 Payment of fees. 389.22 Failure to make proper payment. 389.23 Application for waiver or modifica-tion of fees. 389.24 Foreign air carriers. 389.25 Schedule of processing fees. 389.26 Special rules for tariff page filings. 389.27 Refund of fee. AUTHORITY: Sec. 204, 1002, Pub. L. 85726, as
5、 amended, 72 Stat. 743, 797; 49 U.S.C. 1324, 1502. Act of August 31, 1951, ch. 376, 65 Stat. 268; 31 U.S.C. 483a. SOURCE: OR27, 33 FR 70, Jan. 4, 1968, unless otherwise noted. Subpart AGeneral Provisions 389.1 Policy and scope. Pursuant to the provisions of Title V of the Independent Offices Appropr
6、ia-tion Act of 1952 (5 U.S.C. 140) as imple-mented by Bureau of Budget Circular A25, dated September 23, 1959, the Board sets forth in this regulation the special services made available by the Board and prescribes the fees to be paid for these and various other services. Subpart BFees for Special S
7、ervices 389.10 Applicability of subpart. This subpart describes certain special services made available by the Board and prescribes the fees and charges for these services. 389.11 Services available. Upon request and payment of fees as provided in subsequent sections, there are available, with respe
8、ct to docu-ments subject to inspection, services as follows: (a) Locating and copying records and documents. (b) Certification of copies of docu-ments under seal of the Board. (c) Subscriptions to publications of the Board. (d) Transcripts of hearings. OR27, 33 FR 70, Jan. 4, 1968, as amended by OR9
9、4, 40 FR 7242, Feb. 19, 1975 389.12 Payment of fees and charges. The fees charged for special services may be paid by check, draft, or postal money order, payable to the Civil Aero-nautics Board, except for charges for reporting services which are performed under competitive bid contracts with non-G
10、overnment firms. Fees for report-ing are payable to the firms providing the services. 389.13 Fees for services. Except for photocopy work, the basic fees set forth below provide for docu-ments to be mailed with ordinary first class postage prepaid. If copy is to be transmitted by registered, certifi
11、ed, air, or special delivery mail, postal fees therefor will be added to the basic fee. Also, if special handling or packaging is required, costs therefor will be added to the basic fee. For photocopy work, postage will be in addition to the fee for copying. 389.14 Locating and copying records and d
12、ocuments. Public records and documents on file with the Civil Aeronautics Board will VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00466 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted
13、 without license from IHS-,-,-457 Office of the Secretary, DOT 389.15 be located and copied upon request and payment of fees as set forth below: (a) There shall be no charge in con-nection with searches for records or documents under this chapter. (b) Photocopies of records or docu-ments shall be ma
14、de using the Boards facilities or by contractors. (1) The fee for photocopying will be 15 cents per page. (2) The fee for copying by contractors will be that established in the con-tracts with the Board and will be billed directly by those contractors. (c) Copies of board data on magnetic tapes, or
15、extractions of data from Board data tapes, will be made by the National Archives and Records Service (NARS) of the General Services Admin-istration or by computer service bu-reaus. (1) The Director, Bureau of Accounts and Statistics, furnishes many public records and documents contained on magnetic
16、tape to NARS. Initial re-quests for data should be made directly to the Machine Readable Archives Di-vision, National Archives and Records Services, General Services Administra-tion, Washington, D.C. 20408, with the applicant directly reimbursing NARS for its copying or data extraction charges. When
17、 NARS does not have the requested data, the Director, Bureau of Accounts and Statistics, upon written request, will furnish the tapes for a reasonable length of time to a com-puter service bureau chosen by the ap-plicant subject to the Directors ap-proval. The computer service bureau shall assume th
18、e liability for the cost of replacing any tape that may be dam-aged or destroyed by it. (2) The fee for data copying by NARS will be determined by NARS. (3) The fee for data copying by a com-puter service bureau shall be estab-lished by agreement between the re-questing party and the computer serv-i
19、ce bureau. (d) Where the Boards fee for service requested will exceed $100, the service will not be performed until payment has been received. In such cases, the re-quester will be notified promptly of the amount of the fee, and the requested service will be performed as expedi-tiously as practicabl
20、e following receipt of payment. (e) Applications for waivers or modi-fications of any fees required to be paid to the Board under this section may be filed in accordance with the following: (1) Each applicant shall set forth briefly and succinctly the relief that it seeks and the reasons why such re
21、lief should be granted. Waivers or modi-fications of stated fees shall be granted only where it is demonstrated that such action is in the public interest be-cause furnishing of the information re-quested can be considered as primarily benefiting the general public. (2) Applications requesting waive
22、rs or modifications of fees under this sec-tion shall be addressed to the Man-aging Director, who has been delegated authority by the Board to decide such applications in 385.12 of this chapter, and shall accompany the request for service under this section. (3) The Managing Director shall ei-ther r
23、ule on the application or, at his discretion, pass the matter on to the Board for its determination. In acting upon such applications the Managing Director and the Board, where applica-ble, shall be guided by the procedures and requirements of 310.9(d) of this chapter. (4) A decision by either the M
24、anaging Director or the Board pursuant to paragraph (d)(3) of this section is final and will not be subject to petitions for reconsideration. OR94, 40 FR 7242, Feb. 19, 1975, as amended by OR131, 43 FR 38574, Aug. 29, 1978 389.15 Certification of copies of docu-ments. The Secretary of the Board will
25、 pro-vide, on request, certifications or vali-dation (with the Civil Aeronautics Board seal) of documents filed with or issued by the Board. Copies of tariffs filed with the Board will be certified only when such copies have been made under the Boards supervision upon re-quest of the applicant. Char
26、ges for this service are as follows: (a) Certification of the Secretary, $2. This fee includes clerical services in-volved in checking the authenticity of records to be certified. If copying of the documents to be certified is re-quired, the copying charges provided for in 389.14 will be in addition
27、 to the charges specified in this section. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00467 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-,-,-458 14 CFR C
28、h. II (1111 Edition) 389.16 (b) Reserved OR27, 33 FR 70, Jan. 4, 1968, as amended by OR35, 34 FR 5598, Mar. 25, 1969 389.16 Board publications. (a) Charges for publications. Charges have been established by the Super-intendent of Documents for subscrip-tions to certain Board publications. A list of
29、these publications together with information on how they can be or-dered is contained in the List of Publi-cations, which is available on request from the Boards Publications Services Division, B22, Washington, D.C., 20428. (b) Free services. No charge will be made by the Board for notices, deci-sio
30、ns, orders, etc., required by law to be served on a party to any proceeding or matter before the Board. No charge will be made for single copies of Board publications individually requested in person or by mail, except where a charge is specifically fixed for a publi-cation at the time of its issuan
31、ce. (c) Reciprocal services. Arrangements may be made with the Boards Bureau of International Aviation for fur-nishing publications to a foreign coun-try or to an international organization on a reciprocal basis. OR178, 46 FR 8445, Jan. 27, 1981 389.17 Transcripts of proceedings. Transcripts of test
32、imony and oral ar-gument are furnished to the Board by a non-Government contractor for any proceeding in which the presiding offi-cer has determined that such tran-script should be made, and copies thereof may be purchased directly from the reporting firm, at prices and upon other terms and conditio
33、ns specified in the contract made between the Board and the reporting firm, and currently in effect, pursuant to section 11 of the Federal Advisory Committee Act (Pub. L. 92463, 86 Stat. 770, 5 U.S.C. App. I). Any person may obtain from the Direc-tor, Office of Facilities and Operations, the name an
34、d address of the reporting firm with which the Board currently has such contract, as well as the con-tract prices then in effect for the var-ious types of transcript and copying services covered by such contract. OR84, 39 FR 22417, June 24, 1974 Subpart CFiling and Processing License Fees 389.20 App
35、licability of subpart. (a) This subpart applies to the filing of certain documents and records of the Department by non-government par-ties, and prescribes fees for their proc-essing. (b) For the purpose of this subpart, record means those electronic tariff records submitted to the Department under
36、subpart W of 14 CFR part 221, and contains that set of information which describes one (1) tariff fare, or that set of information which describes one (1) related element associated with such tariff fare. Amdt. 38937, 54 FR 2099, Jan. 19, 1989 389.21 Payment of fees. (a) Any document or record for w
37、hich a filing fee is requried by 389.25 shall be accompanied by either (1) a check, draft, or postal money order, payable to the Civil Aeronautics Board, in the amount prescribed herein, or (2) a re-quest for waiver or modification of the filing fee. (b) Reserved (c) Where a document seeks author-it
38、y or relief in the alternative and therefore would otherwise be subject to more than one filing fee, only the high-est fee shall be required. (d) Where a document relating to a single transaction or matter seeks multiple authorities or relief and therefore would otherwise be subject to more than one
39、 filing fee, only the high-est fee shall be required. Where a docu-ment relating to more than one trans-action or matter seeks multiple au-thorities or relief, the requried filing fee shall be determiend by combining the highest fees for each transaction or matter. For purposes of this paragraph, a
40、specific number of charters or inclu-sive tours described in one application will be regarded as a single transaction or matter. (e) No fee shall be returned after the document has been filed with the VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00468 Fmt 8010 Sfmt 8010 Y:SGML223046.XX
41、X 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-459 Office of the Secretary, DOT 389.24 Board, except as provided in 389.23 and 389.27. OR27, 33 FR 70, Jan. 4, 1968, as amended by OR27A, 33 FR 3633, Mar
42、. 1, 1968; OR50, 35 FR 15986, Oct. 10, 1970; 48 FR 642, Jan. 6, 1983; Amdt. 38937, 54 FR 2099, Jan. 19, 1989 389.22 Failure to make proper pay-ment. (a)(1) Except as provided in 389.23, documents (except tariff publications) which are not accompanied by filing fees shall be returned to the filing pa
43、rty, and such documents shall not be considered as filed by the Board. (2) Except as provided in 389.23, records which are not accompanied by the appropriate filing fees shall be re-tained and considered filed with the Department. The Department will no-tify the filer concerning the non-payment or u
44、nderpayment of the filing fees, and will also notify the filer that the records will not be processed until the fees are paid. (b) The filing fee tendered by a filing party shall be accepted by the Board office to whom payment is made, sub-ject to post audit by the Chief of the Boards Finance Divisi
45、on and notifica-tion to the filing party within 30 days of any additional amount due. Not more than 5 days after receipt of the notification, the determination of the Chief, Finance Division, may be ap-pealed to the Managing Director of the Board, who has been delegated author-ity by the Board to de
46、cide such appeals in 385.12 of this chapter. The filing party may submit to the Board a peti-tion for review of the Managing Direc-tors decision pursuant to 385.50 of this chapter, and proceedings thereon will be governed by part 385, subpart C, of this chapter. (c) The amount found due by the Chief
47、, Finance Division, shall be paid within 10 days of notification except that (1) if that decision is appealed to the Managing Director, the amount due shall be paid within 10 days after the Managing Director notifies the fil-ing party that he has affirmed or modi-fied the decision of the Chief, Fina
48、nce Division; and (2) if the decision of the Managing Director is appealed to the Board, the amount due shall be paid within 10 days after the Board notifies the filing party that it has affirmed or modified the staff decision. If the amount due is not paid, the document (except a tariff publication
49、) shall be re-turned to the filing party along with the fee tendered, and such document shall be deemed to have been dismissed or withdrawn. OR27, 33 FR 70, Jan. 4, 1968, as amended by OR96, 40 FR 20613, May 12, 1975; Amdt. 389 37, 54 FR 2099, Jan. 19, 1989 389.23 Application for waiver or modification of fees. (a) Applications may be filed asking for waiver or modification of any fee paid unde
