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ISTER
VOLUME 17

V

i 1934
A //T E O

NUMBER 140

W a s h in g to n , F riday, J u ly 18, 1 9 5 2

TITLE 14 CIVIL AVIATION
Chapter I Civil Aeronautics Board Subchapter B Economic Regulations Regs. Serial No. ER-172
P art 298Classification and Exemption of Air T axi O perators SPECIAL ECONOMIC REGULATION; TEMPORARY
exemption of air taxi operators from
LIMITATION ON SCOPE OF SERVICE

Adopted by the Civil Aeronautics Board at its office in Washington, D. C., on the 14th day of July 1952.
By notice of proposed rule-making issued concurrently herewith the Board is circulating for public comment a pro posal of the National Air Taxi Confer ence that 298.7 d of the Economic Regulations be rescinded or modified so as to permit operations by air taxi operators between points between which air transportation service by helicopter is rendered by a holder of a certificate of public convenience and necessity author izing such service. This proposal was contained in a petition filed with the Board on June 12, 1952, by National Air Taxi Conference, which also alleged that the action of the Board in promulgating Part 298 did not comply with section 4
of the Administrative Procedure Act, to the extent that adequate notice of the prohibition contained in 298.7 d was not given. While the Board is not con vinced that the notice was legally insuffi cient, particularly in view of the fact th at the restriction was inserted as a result of comment received, it believes that, in this case where the general purpose of the proposed regulation was to liberalize the rules affecting air taxi operators, it would have been desirable to have called specific attention to the possibility that existing authority might be curtailed.
The Board believes that absolute fair ness to all parties requires that, during the pendency of the rule-making pro ceeding above referred to, air taxi opera tors be placed in the same position they occupied in this regard prior to the adop tion of Part 298 and that they be so placed promptly without the delays oc
casioned by following the notice and CONTENTS
public procedure provisions of the Ad Agriculture Department ministrative Procedure Act.
Accordingly, the Board finds that the See also Production and Market ing Administration.
enforcement of 298.7 d, to the extent th at it prohibits irregular operations by Notices:
Sale of mineral interests; re air. taxi operators over the routes by vised area designation______
certificated air carriers by helicopter during the pendency of such rule-making Army Department proceeding before the Board, 1 would See also Engineers Corps.
be an undue burden on air taxi operators Rules and regulations:
whose operations would be so restricted Claims against the U. S.; pay because of the limited extent of the op ment for arrest and delivery erations of such air taxi operators and of members absent without the unusual circumstances involved in leave, deserters and escaped the manner in which the prohibition of military prisoners_________
298.7 d was imposed, and 2 is not Civil Aeronautics Board in the public interest. The Board fur Notices:
ther finds that for the reasons set forth Braniff Airways, Inc.; final mail herein notice and public procedure on rates, domestic operations__
the temporary exemption hereinafter set Proposed rule making:
Air taxi operators; operations forth are contrary to the public interest.
over certificated helicopter Since such temporary exemption is a routes___________________
rule relieving restriction it may be made Rules and regulations:
effective immediately.
Classification and exemption of In view of the foregoing, the Board air taxi operators; temporary hereby makes and promulgates the fol exemption of an air taxi op lowing Special Economic Regulation ef erator from limitation on fective immediately.
scope of service___________
Notwithstanding the provisions of Commerce Department 298.7 d of the Economic Regula tions, Air Taxi Operators may, pend See Federal Maritime Board.
ing final action by the Board in the Defense Department above mentioned rule-making proceed See Army Department.
ing and subject to all other pertinent Delegation of authority to the Secretary with respect to appli terms, conditions, and restrictions of cation of Southern Counties Gas Part 298, offer and perform irregular Co. for approval of increased gas service between points between which rates see General Services Ad scheduled helicopter service is pro ministration .
vided by the holder of a certificate Defense Mobilization, Office of of public convenience and necessity Notices:
authorizing such service. Restric Finding and determination of tions on regularity identical to those critical defense housing areas;
provided in 298.7 b shall apply to > H ibbing-G rand R a p i d s , such operations.
Minn., area and Virginia, Minn., area_______________
Sec. 205, 52 Stat. 984, 49 U. S. C. 425.
Interpret or apply sec. 416, 52 Stat. 1004;
49 U. S. C. 496

By the Civil Aeronautics Board.
seal M. C. M ulligan, Secretary.
F. R. Doc. 52-7928; Filed, July 17, 1952;
8:58 a. m.

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Economic Stabilization Agency
See Price Stabilization, Office of;
Rent Stabilization, Office of;
Salary Stabilization Board.
Engineers Corps
Rules and regulations:
Anchorage regulations; S a n Francisco Bay, Calif_______ 6594
6577