or (3) request that the issue of similarity of names be assigned for hearing or considered as an issue if there is to be a hearing on the merits of the application. If the applicant asks for a hearing, he shall outline the evidence to be presented on this issue and shall show the need for hearing thereon. The Board may thereupon deny said application without hearing, or assign it for hearing, or consider the proposed name as an issue if there is to be a hearing on the merits of the application. If the application is amended and returned to the Board with a new name, it will be treated as a new application for name purposes. PART 221-CONSTRUCTION, PUBLICATION, FILING AND POSTING OF TARIFFS OF AIR CARRIERS AND FOREIGN AIR CARRIERS 221.59 Subpart A-General 221.60 221.61 221.2 Board may direct reissue of publications. 221.62 221.63 221.7 publications into compliance. Unauthorized air transportation. Subpart B-Who Is Authorized To Issue and File 221.64 Tariffs 221.10 Carrier. 221.11 Agent. 221.70 221.71 Distance fares, rates, or charges. Rates may include transfer at interchange points. Proportional fares or rates. Arbitraries. Fares or rates stated in percentages of other fares or rates; other relationships prohibited. Conflicting or duplicating rates or fares prohibited. Provisions for alternative use of or precedence of rates or fares prohibited. Local or joint fares or rates take precedence over aggregate of intermediates. Applicable rate when no through Subpart F-Requirements Applicable Only to Definite unit of rate. Quantities on which rates apply. Types of property rates (class, general commodity, or specific commodity) which may be published. Class rates. Géneral commodity rates and exception ratings thereto. Specific commodity rates. Precedence of authorized types of rates. Straight or mixed shipments. Rate scale method of publishing rates. Subpart G-Governing Tariffs When reference to governing tariffs permitted. Contents of all governing tariffs. (loose-leaf tariff). 221.102 Rules tariff. Subpart R-Giving and Revoking Concurrences to Carriers Sec. 221.210 Method of giving concurrence. 221.211 Method of revoking concurrence. 221.212 Method of withdrawing portion of authority conferred by concur rence. Subpart S-Giving and Revoking Powers of 221.220 Method of giving power of attorney. 221.228 Procedure for alternate agent to assume the duties of and take over tariffs of the principal agent. 221.224 Procedure for having new principal agent assume the duties of and take over tariffs of another agent. 221.225 New powers of attorney to be filled within 180 days after death or disability of either principal or alternate. Subpart T-Adoption Publications Required To Show Change in Carrier's Name or Transfer of Operating Control 221.230 Adoption notice. 221.231 Adoption supplements and revised title pages to be filed to former carrier's tariffs. 221.232 Receiver shall file adoption notice and supplements. 221.233 Agents' and other carriers' tariffs shall reflect adoption. 221.234 221.235 C. A. B. numbers of tariffs issued by adopting carrier and method of publishing reference to C. A. B. numbers of former carrier's tariffs. Concurrences or powers of attorney to be reissued. 221.236 Numbering adopting carrier's letters of tariff transmittal. 221.237 Numbering adopting carrier's Special Tariff Permission applications. Cessation of operations without 221.238 AUTHORITY: The provisions of this Part 221 issued under sec. 204, as amended, 72 Stat. 743; 49 U.S.C. 1324. Interpret or apply sec. 401 (e), 76 Stat. 143; 49 U.S.C. 1371; sec. 403, 72 Stat. 758, 74 Stat. 445; 49 U.S.C. 1373; sec. 404, 72 Stat. 760; 49 U.S.C. 1374; sec. 411, 72 Stat. 769; 49 U.S.C. 1381; sec. 1001, 72 Stat. 788; 49 U.S.C. 1481; sec. 1002, 72 Stat. 788; 49 U.S.C. 1482. SOURCE: The provisions of this Part 221 contained in ER-439, 30 F.R. 9439, July 29, 1965. § 221.1 Subpart A-General Applicability of this part. 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. § 221.2 Board may direct reissue of publications. The Board for good cause shown, may direct the reissue of any tariff publication, concurrence, or power of attorney at any time. § 221.3 Carrier's duty. (a) Must file tariffs. 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 for eign 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 viola. tions 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. § 221.4 Definitions. As used in this part, terms shall be defined as follows: "Act" means the Federal Aviation Act of 1958, as amended. "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. "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. "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 persons and may include baggage charges and provisions relating thereto. "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. "Original tariff," as applied to a looseleaf 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 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 (1) above and is destined to a beyond point specified in (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 (including the amount for chartering a plane) 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. "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. "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 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. "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. "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. § 221.6 Effective date for bringing existing publications into compliance. All tariff publications filed prior to September 21, 1964 and which are either in effect on that date or to become effective after that date, shall be brought into compliance with this part effective not later than April 1, 1965. § 221.7 Unauthorized air transportation. 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 (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. A carrier shall not issue and file tariff publications containing local rates or fares of other carriers, joint rates or fares in which the issuing carrier does not participate, or provisions governing such local or joint rates or fares. (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.) § 221.11 Agent. 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 par |