Sec.

200.1

PART 200-DEFINITIONS AND INSTRUCTIONS

Board.

The term "Act" means the Federal Aviation Act of 1958. All orders, certificates, rules, regulations, notices, and other documents issued by the Board or under its authority and referring to the Federal Aviation Act of 1958, or to certain provisions thereof, shall be deemed to refer also to the Civil Aeronautics Act of 1938, as amended, or to the corresponding provisions thereof, to the extent the latter Act, or corresponding provisions thereof, may be applicable. [ER-248, 24 FR. 417, Jan. 17, 1959] § 200.3

Section.

The term "section" refers to a section of the act or a section of the regulations in this chapter, as indicated by the context.

§ 200.4 Rule, regulation, and order.

The terms "rule", "regulation”, and "order" refer to the rules, regulations, and orders prescribed by the Board pursuant to the act.

§ 200.5 Other terms.

The terms "this section", "pursuant to this section", "in accordance with the provisions of this section", and words of similar import when used in this chapter refer to the section of this subchapter in which such terms appear.

§ 200.6 Terms defined by act.

Unless otherwise specifically stated, other words and phrases have the meaning defined in the act.

The regulations of the Board may be cited by section numbers. For example, this regulation may be cited as § 200.7 of the "Economic Regulations." The sections contained in the Rules of Practice under title IV and sections 1022 (d) to (1) of the act, may also be cited by appropriate rule numbers. For example, section 10 may be cited as "rule 10 of the Rules of Practice." In each case in which a rule, regulation, order, or other document of the Board refers to a regulation or a rule of practice of the Board by means of the numbering system used prior to the adoption of section numbers, such reference shall be deemed to relate to the appropriate new section number of this subchapter.

§ 200.8 Supplemental air carrier.

Unless the context otherwise requires, the term "supplemental air carrier" as used in existing or future regulations and orders of the Board includes persons holding operating authority conferred upon them by section 8(a) of Public Law 87-528 of July 10, 1962; persons holding operating authority conferred upon them by the Board pursuant to section 7 (a), (b), or (c), of said Public Law 87-528; and persons holding certificate authority conferred upon them by the Board pursuant to section 401(d) (3) of the Federal Aviation Act of 1958, as amended. These persons shall also be deemed included in the term "air carrier" where that term, in the context, includes supplemental air carriers. (Secs. 401, 403, 404, 407, 408, 409, 411, 412, 413, 414, 415, 416, 417, 1002 (1), 72 Stat. 754, 758, 760, 766, 767, 768, 769, 770, 771, 788; secs. 7 and 8, 76 Stat. 146, 147; 49 U.S.C. 1371, 1373, 1374, 1377, 1378, 1379, 1381, 1382, 1383, 1384, 1385, 1387, 1482) [ER-359, 27 F.R. 7983, Aug. 10, 1962]

AUTHORITY: The provisions of this Part 201 issued under secs. 204, 401, 72 Stat. 743, 754; 49 U.S.C. 1324, 1371, unless otherwise noted.

SOURCE: The provisions of this Part 201 contained in ER-146, 14 F.R. 3524, June 29, 1949, unless otherwise noted.

§ 201.1 Formal requirements.

Applications for certificates of public convenience and necessity, or amendments thereof, shall meet the requirements set forth in Part 302 of this chapter as to execution, number of copies, service, and formal specifications of papers. All pages of an application shall be consecutively numbered, and the application shall clearly describe and identify each exhibit by a separate number or symbol. All exhibits shall be deemed to constitute a part of the application to which they are attached.

NOTE: Special requirements for application for extension of a fixed-term route authorization granted by exemption pending disposition of an application for a certificate incorporating such authorization, are set forth in § 302.909 of this chapter (Procedural Regulations). See also § 377.10(c) of this chapter (Special Regulations).

(Secs. 416(b), 72 Stat. 771; 49 U.S.C. 1386; sec. 9(b), 60 Stat. 242; 5 U.S.C. 1008) [ER878, 28 F.R. 3585, Apr. 12, 1963; ER-550, 33 F.R. 18434, Dec. 12, 1968]

If, after receipt of any application, the Board shall request the applicant to supply it with additional information, such information shall be furnished in the form of an amendment to the original application. All amendments to applications shall be consecutively numbered and shall comply with the requirements of this part as to form, number of copies, and other essential respects. [ER-550, 33 F.R. 18434, Dec. 12, 1968] § 201.3 Incorporation by reference.

In general it is desirable that incorporation by reference shall be avoided. However, where two or more applications are filed by a single carrier, lengthy exhibits or other documents attached to one may be incorporated in the others by reference if that procedure will substantially reduce the cost to the applicant.

§ 201.4 General provisions concerning

contents.

(a) The statements contained in an application shall be restricted to significant and relevant facts. They shall be free from argumentation or from

expressions of opinions, except such as may be required by this part.

(b) Requests for authority to engage in interstate air transportation shall not be included in the same application with requests for authority to engage in foreign or overseas air transportation. Similarly, requests for authority to engage in scheduled air transportation shall not be included in the same application with requests for authority to engage in nonscheduled air transportation.

(c) Each application shall give full and adequate information with respect to each of the items set forth in this paragraph. In addition, the application may contain such other information and data as the applicant shall deem necessary or appropriate in order to acquaint the Board fully with the particular circumstances of its case. Among other things, every such application shall contain the following information:

(1) The full name and address of the applicant, the nature of its organization (individual, partnership, corporation, etc.) and the name of the State under the laws, of which it is organized.

(2) A statement that the applicant is a citizen of the United States as defined by section 101(13) of the Act. It is not required that the application shall contain all the evidence which the applicant is prepared to present at the hearing or otherwise in support of such statement, but the application shall at least indicate the nature and result of its investigations in that matter and the character of the evidence it will be prepared to present in support of citizenship.

(3) An adequate identification of each route for which a certificate is desired, specifying the type or types of service (mail, passengers, and property) to be rendered on each such route, and whether or not such services are to be rendered on scheduled operations. The identification of each route shall name every terminal and intermediate point to be included in the certificate for which application is made.

(4) A map (which may be attached as an exhibit) drawn approximately to scale showing all terminal and intermediate points to be served, giving the approximate mileages between all adjacent points, and the principal over-all distances.

(5) A statement as to the type of aircraft applicant proposes to use in the new service and whether such aircraft is presently owned by the applicant.

(6) If applicant does not hold a certificate of public convenience and necessity authorizing air transportation, the name and type of business of any affiliate, subsidiary, or principal stockholder of applicant engaged in any form of transportation as a common carrier or engaged in any phase of aeronautical activity.

(d) Where required by §§ 312.12 or 312.14 of Part 312 of this chapter, each application shall, at the appropriate time, be accompanied by an Environmental Evaluation or an Environmental Assessment, in conformity with those sections or orders issued thereunder.

(Secs. 102, 404, and 1002 (72 Stat. 740, 760, and 788 (49 U.S.C. 1302, 1374, and 1482)); National Environmental Policy Act of 1969 (Pub. L. 91-90, 42 U.S.C. 4321 et seq) and Executive Order 11514.) [ER-146, 14 FR 3524, June 29, 1949, as amended by ER-550, 33 FR 18434, Dec. 12, 1968; ER-925, 40 FR 37182, Aug. 25, 1975]

§201.5 Operations other than between fixed points.

An application for a certificate authorizing operations other than between fixed points, or not having terminal or intermediate points capable of precise description, need comply with the provisions of § 201.4(c) (3) and (4) only to the extent that it shall clearly describe the authorization sought by the applicant.

PART 202-CERTIFICATES AUTHORIZING SCHEDULED ROUTE SERVICE: TERMS, CONDITIONS, AND LIMITATIONS

Sec. 202.1

Applicability.

202.2 Failure to comply.

202.11 Nonstop authorization. 202.12

Provisions as to scheduled stopsinterstate and overseas air transportation.

202.13 Airport Notice; application for permission to use an airport; automatic revocation and Termination of Service Notice; Airport Noticeforeign air transportation-change required by foreign country. 202.14 Application for change in service pattern-interstate and overseas air transportation. 202.15 Application for change in Approved Service Plan-foreign air transportation.

202.16 Notice of additional stop required by foreign country; notice of terminal change required by foreign country. 202.21 Filing and service of documents; procedures thereon; petitions for reconsideration.

Unless the certificate or the order authorizing its issuance shall otherwise provide, such terms, conditions and limitations as are set forth in this part, and as may from time to time be prescribed by the Board, shall apply to the exercise of the privileges granted by each certificate issued under section 401 of the Act, other than a certificate for supplemental air transportation.

§ 202.2 Failure to comply.

It shall be a condition upon the holding of a certificate that any intentional failure by the holder to comply with any provision of Title IV of the Act or any order, rule, or regulation issued thereunder or any term, condition, or limitation of such certificate shall be a failure to comply with the terms, conditions, and limitations of the certificate within the meaning of section 401(g) of the Act even though the failure to comply occurred without the territorial limits of the United States, except to the exent that such failure shall be necessitated by an obligation, duty, or liability imposed by a foreign country.

§ 202.11 Nonstop authorization.

Subject to the provisions of section 405(b) of the Act, the holder of a certificate may inaugurate scheduled nonstop service between any two points not consecutively named in its certificate or approved service plan (if such certificate or approved service plan authorizes service between such points and does not prohibit nonstop service between them) upon the effective date of a schedule, showing such nonstop service, filed with the Board in accordance with Part 231 of this subchapter.

§ 202.12 Provisions as to scheduled stops-interstate and overseas air transportation.

(a) With respect to any flight scheduled to carry passengers in interstate or

overseas air transportation, a stop at a point within the continental United States shall not be scheduled to exceed 45 minutes, if the origination or termination of such flight at such point is prohibited by any restriction in the certificate: Provided, That where the scheduled stop is at a point which is specified as a "large hub" city in the most recent edition of "Airport Activity Statistics of Certificated Route Carriers," the scheduled stop shall not be scheduled to exceed one hour.

(b) With respect to any flight scheduled to carry only property or mail in interstate or overseas air transportation, a stop at a point within the continental United States shall not be scheduled to exceed two hours, if the origination or termination of such flight at such point is prohibited by any restriction in the certificate.

(c) With respect to interstate or overseas air transportation, a certificate containing a condition or restriction which has the effect of permitting the origination of a flight only at a certain point or points shall not be deemed to permit an increase in passenger or property-carrying capacity (by change of gauge, substitution of equipment, addition of extra sections, or otherwise) on any such flight at any point other than a point at which the origination of such flight is authorized. A certificate containing a condition or restriction which has the effect of permitting the termination of a flight only at a certain point or points shall not be deemed to permit a decrease in passenger or property-carrying capacity on any such flight at any point other than a point at which the termination of such flight is authorized. With respect to a particular flight, a point shall not be deemed to be beyond another specified point within the meaning of such condition or restriction unless the holder serves such other specified point on such flight or omits service thereto pursuant to regulation or other specific authorization (such as authority to render nonstop service, or to suspend service to such point) of the Board.

§ 202.13 Airport Notice; application for permission to use an airport; automatic revocation and Termination of Service Notice; Airport Notice— foreign air transportation-change required by foreign country.

(a) Airport Notice. An Airport Notice is required to be filed with the Board if

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the holder of a certificate desires to serve regularly a point named in such certificate, or a point which the holder is otherwise authorized to serve regularly through an airport not then regularly used or authorized to be used by the holder to serve such point: Provided, however, That if the holder of a certificate desires to serve a point through an airport through which it already serves another point on its route, and to retain both points in its certificate, the holder is required to file with the Board an Application for Permission to Use an Airport (see § 202.13(b)); and such holder shall not file an Airport Notice. Airport Notices and Applications for Permission to Use an Airport are not required of Alaskan air carriers, holders of certificates authorizing use of rotary wing aircraft only, and holders of certificates limited to community center service and interairport service. When an Airport Notice is required hereunder, the certificate holder shall file it with the Board at least 30 days prior to the proposed date of inauguration of the use of the airport. Such notice shall be conspicuously entitled Airport Notice; shall, as a minimum amount of information, describe such airport by name and, if it is not an airport already being used by an air carrier subject to the provisions of this part, state its location; shall state the date of intended inauguration of service and whether a waiver of the 30-day notice provision is requested; and shall contain a notice to the persons served that they may, within 15 days of the date the notice was filed, file and serve memoranda in support of, or in opposition to, the notice. A recommended format of Airport Notice is set forth in Appendix A. The use of such airport may be inaugurated 30 days after the filing of such notice, unless the Board notifies the holder within said 30-day period that it appears to the Board that such use may adversely affect the public interest, in which event such use shall not thereafter be inaugurated (except as may be expressly permitted by such notification from the Board) unless and until the Board finds upon application filed by the holder, pursuant to paragraph (b) of this section, that the public interest would not be adversely affected by such use. The Board may permit the use of an airport at any time after the filing of the Airport Notice whenever the circumstances warrant such action. In