[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR372.117]



[Page 67-68]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 372_EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS--Table of 

Contents

 

                          Subpart A_Exemptions

 

Sec. 372.117  Motor transportation of passengers incidental to 

transportation by aircraft.



    (a) Passengers having an immediately prior or subsequent movement by 

air. The transportation of passengers by motor vehicle is transportation 

incidental to transportation by aircraft provided (1) that it is 

confined to the transportation of passengers who have had or will have 

an immediately prior or immediately subsequent movement by air and (2) 

that the zone within which motor transportation is incidental to 

transportation by aircraft, except as it may be individually determined 

as provided in section (c) herein, shall not exceed in size the area 

encompassed by a 25-mile radius of the boundary of the airport at which 

the passengers arrive or depart and by the boundaries of the



[[Page 68]]



commercial zones (as defined by the Secretary) of any municipalities any 

part of whose commercial zones falls within the 25-mile radius of the 

pertinent airport.

    (b) Substituted motor-for-air transportation due to emergency 

conditions. Transportation of passengers by motor vehicle is 

transportation incidental to transportation by aircraft if it 

constitutes substituted motor-for-air service performed at the expense 

of the air carrier in emergency situations arising from the inability of 

the air carrier to perform air transportation due to adverse weather 

conditions, equipment failure, or other causes beyond the control of the 

air carrier.

    (c) Individual determination of exempt zones. Upon its own motion or 

upon petition filed by any interested person, the Secretary may in an 

appropriate proceeding, determine whether the area within which the 

transportation by motor vehicle of passengers having an immediately 

prior or subsequent movement by air must be performed, in order to come 

within the provisions of paragraph (a) of this section, should be 

individually determined with respect to any particular airport or city 

served by an airport, and whether there should be established therefor 

appropriate boundaries differing in extent from this defined in 

paragraph (a)(2) of this section.

    (d) Exempt zones and operations--(1) Dulles and Baltimore-Washington 

International Airports. The transportation by motor vehicle, in 

interstate or foreign commerce, of passengers, having an immediately 

prior or subsequent movement by air, between Dulles International 

Airport, near Chantilly, Va., and Baltimore-Washington International 

Airport, near Baltimore, Md., is partially exempt from regulation under 

49 U.S.C. 13506(a)(8)(A).

    (2) Savannah, Ga., Airport. The transportation by motor vehicle, in 

interstate or foreign commerce, of passengers, having an immediately 

prior or subsequent movement by air, between Savannah, Ga., Airport and 

all points on Hilton Head Island, SC, is partially exempt from 

regulation under 49 U.S.C. 13506(a)(8)(A).

    (3) Chicago O'Hare International Airport (Chicago, Ill.). The 

transportation by motor vehicle, in interstate or foreign commerce, of 

passengers, having an immediately prior or subsequent movement by air, 

between O'Hare International Airport, at Chicago, Ill., on the one hand, 

and, on the other, points in Indiana on and north of U.S. Highway 30 and 

on and west of Indiana Highway 49, is partially exempt from regulation 

under 49 U.S.C. 13506(a)(8)(A).



[32 FR 20036, Dec. 20, 1967, as amended at 37 FR 5252, Mar. 11, 1972; 42 

FR 10003, Feb. 18, 1977; 42 FR 15705; Mar. 23, 1977; 62 FR 15421, Apr. 

1, 1997]