(b) Applications for exemption from section 41101 or 41301 of 49 U.S.C. Subtitle VII (including those that incorporate an exemption from section 41504) that involve ten (10) or fewer flights may be submitted to the U.S. Air Carrier Licensing Division or the Foreign Air Carrier Licensing Division (as appropriate), Office of International Aviation, on OST Form 4536. However, that form may not be used for:

1. (1) Applications filed under section 40109(g) of 49 U.S.C. Subtitle VII;

2. (2) Applications by persons who do not have either:

   1. (i) An effective air carrier certificate or foreign air carrier permit from the Department, or
   2. (ii) A properly completed application for such a certificate or permit, and an effective exemption from the Department for operations similar to those proposed;
3. (3) Successive applications for the same or similar authority that would total more than ten (10) flights; or
4. (4) Any other application for which the Department decides the requirements of §§ 302.3 and 302.4 are more appropriate. Upon a showing of good cause, an application may be filed by cablegram, telegram, facsimile, electronic mail (when available), or telephone; all such telephonic requests must be confirmed by written application within three (3) business days of the original request.