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engage in foreign air transportation to a (1) (Reserved) point in such area in its approved service (2) To add a stop at a point not named plan, such holder shall make written ap in the certificate, or not included in the plication to the Board for approval approved service plan, and situated in thereof. Such application shall be con such foreign country; or spicuously entitled Application for (3) To change the terminal point in Change in Approved Service Plan-For such foreign country; eiga Air Transportation, shall clearly

such holder shall file with the Board describe such point, its location, the seg

written notice of such requirement. ment of the approved service plan to

(b) Such notice shall be filed within which such point is to be added or from

20 days after the air carrier shall have which it is to be removed, and shall set

been advised of such requirement, shall forth the facts relied upon to establish

be conspicuously entitled "Notice of Adthat the proposed change in the ap

ditional Stop Required by Foreign Counproved service plan is in the public in

try” or “Notice of Terminal Change Reterest. At the time such application is filed with the Board, a copy thereof shall

quired by Foreign country", as the case be served by the holder upon such per

may be, and shall fully set forth the facts

and circumstances relating to such resons as the Board may require. After the filing of such application the holder

quirement. At the time such notice is filed

with the Board, a copy thereof shall be may submit to the Board additional in

served by the holder upon such persons formation in support of such application and shall file and serve copies of such

as the Board may require. Such service additional information in the manner re

may be inaugurated immediately upon quired in the case of such application.

the filing of such notice and may be conThe Board will grant such application if

tinued unless and until the Board, after it finds that such proposed change in the

notice and public hearing, shall disapapproved service plan is not inconsistent

prove such service as being contrary to with the public interest.

the public interest, or unless and until

the Board shall find, after investigation, (ER-146, 14 F.R. 3526, June 29, 1949)

that such requirement of the foreign $ 203.3 Nonstop service.

country is not in effect. The holder of a certificate may, sub (Sec. 402, 72 Stat. 757, 49 U.S.C. 1372) [ERject to the provisions of section 405(b)

573, 34 F.R. 6771, Apr. 23, 1969) of the Act, inaugurate scheduled nonstop $ 203.5 Airport authorization. service between any two points not consucutively named in its certificate or ap

(a) Airport notice. An airport notice is

required to be filed with the Board if the proved service plan (if such certificate or

holder of a certificate desires to serve approved service plan authorizes service between such points and does not pro

regularly a point named in such cerhibit nonstop service between them)

tificate, or a point which the holder is

otherwise authorized to serve regularly, upon the effective date of a schedule page, showing nonstop service, filed with

through an airport not then regularly the Board in accordance with Part 231

used or authorized to be used by the of this chapter.

holder to serve such point: Provided, (Sec. 402, 72 Stat. 757; 49 U.S.C. 1372) [ER

however, That if the holder of a cer573, 34 F.R. 6771, Apr. 23, 1969)

tificate desires to serve a point through

an airport through which it already § 203.4 Requirements of foreign coun.

serves another point on its route, and to tries.

retain both points in its certificate, the (a) If at any time the holder of a holder is required to file with the Board certificate is required, in order to comply an application for permission to use an with any obligation, duty, or liability im airport; and such holder shall not file posed by any foreign country (other than an airport notice. Such application shall any obligation, duty, or liability arising conform in all respects to the procedure out of a contract or other agreement en set forth in paragraph (b) of this sectered into between an air carrier or any tion and $ $ 203.7 and 203.8. When an airofficer, or representative thereof, and any port notice is required hereunder, the foreign country, if such contract or certificate holder shall file it with the agreement shall have been disapproved Board at least 30 days prior to the proby the Board as being contrary to the posed date of inauguration of the use public interest)

of the airport. Such notice shall be con

" and

spicuously 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 30day 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 the Airport Notice is set forth as Appendix A to this part. The use of such airport may be inaugurated 30 days after the filing of such notice, unless the Board notifies the holder within said 30day 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 no event shall the provisions of this section be construed as authorizing an air carrier to receive at one airport and discharge at any other airport serving the same point passengers or property moving locally between the two airports, or passengers or property moving as part of a through journey to or from some other point which such carrier receives from, or transfers to, another air carrier at one of the two airports. This prohibition does not apply to the carriage between airports of through traffic which the air carrier performing the interairport service receives from, or transfers to, one of its own fights.

(b) Application for permission to use an airport. (1) Where an air carrier seeks 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, it shall file with the Board an application for permission to use an airport.

(2) Following notification by the Board that the use of an airport proposed in an airport notice filed pursuant to

paragraph (a) of this section may adversely affect the public interest, the air carrier may file an application for permission to use such airport. An application filed pursuant to either subparagraph (1) or (2) of this paragraph shall be conspicuously entitled "Application for Permission to use the Airport for Serving shall set forth the information required in the airport notice as well as any other facts relied upon to establish that the proposed airport use is in the public interest, a statement of economic data or other matters which it is desired that the Board officially notice, and a notice to the persons served that they may, within 20 days of the date the application was filed, file and serve memoranda in support of, or in opposition to, the application.

(c) Automatic revocation. (1) Where a certificate holder has been authorized to serve a point located in the United States regularly through two or more airports, failure to provide regularly scheduled air transportation through one of those airports for 60 days shall automatically revoke any authorization to regularly use that airport. Regular service through the airport may be resumed only upon compliance with and pursuant to the procedures set forth in paragraph (a) of this section: Provided, however, That the following shall not be included in the 60-day period: (1) Nonuse of an airport for any period in which regularly scheduled service is offered through the airport on a flag-stop basis; and (ii) periods during which a carrier has failed to regularly use an airport as a result of any of the conditions listed in § 205.8. (a) of this chapter.

(2) A carrier's suspension of service to a point located in the United States for 1 year, pursuant to a provision in its certificate or pursuant to Board order or exemption, shall revoke any authorization to use an airport to serve that point. Regular service through the airport may be resumed only upon compliance with and pursuant to the procedures set forth in paragraph (a) of this section.

(3) Within 30 days after the day a carrier's airport authorization is automatically revoked by the terms of this section, the carrier shall file with the Board a notice conspicuously entitled Termination of Service Notice, setting forth, as a minimum amount of informa..

tion, the name of the airport and date of & 203.7 Persons upon whom notice must cessation of regular service. A recom

be served. mended format of the Termination of

A copy of each Application for Change Service Notice is set forth as Appendix

in Approved Service Plan--Foreign Air B to this part.

Transportation, Airport Notice-Foreign (d) Obligation to use foreign airport.

Air Transportation, Notice of Additional If at any ne the holder of a certificate

Stop Required by Foreign Country, Nois required, in order to comply with any

tice of Terminal Change Required by obligation, duty, or liability imposed by

Foreign Country, or application for perany foreign country (other than any

mission to use an airport, as the case may obligation, duty or liability arising out

be, filed with the Board pursuant to this of a contract or other agreement entered

part by the holder of a certificate of pubinto between an air carrier or any officer

lic convenience and necessity, shall be or representative thereof, and any foreign

served upon the following: country, if such contract or agreement

(a) The Postmaster General, marked shall have been disapproved by the Board

for the attention of the Deputy Assistant as being contrary to the public interest)

Postmaster General for Logistics, Buto serve regularly a point or points in

reau of Operations, if the holder's cersuch foreign country through any airport

tificate authorizes the transportation of not then regularly used by such holder, such holder shall file with the Board

mail;

(b) The Secretary of State, marked written notice of such requirement. Such

for the attention of Director, Office of notice shall be filed within 20 days after

Aviation, Bureau of Economic Affairs; the air carrier shall have been advised

(c) in the case of an Application for of such requirement; shall be conspicu

Change in Approved Service Plan-Forously entitled Airport Notice-Foreign Air Transportation-Change Required

eign Air Transportation, each scheduled

air carrier which is authorized to serve by Foreign country; and shall fully set forth the facts and circumstances re

the same general area in which is sit

uated the point to which the holder, as lating to such requirement. The use of

part of its approved service plan, desires such airport may be inaugurated im

to engage, or to cease to engage, in formediately upon the filing of such notice

eign air transportation; and also each and may be continued unless and until

scheduled air carrier which is authorized the Board, after notice and public hear

to serve a general area contiguous to the ing, shall disapprove the use of such air

general area wherein such point is port as being contrary to the public

situated; interest, or unless and until the Board

(d) In the case of an Airport Noticeshall find, after investigation, that such

Foreign Air Transportation or applicarequirement of the foreign country is not

tion for permission to use an airport, in effect.

each scheduled air carrier which regu(ER-534, 33 F.R. 6240, Apr. 24, 1968)

larly renders service to or from the point & 203.6 Compliance.

intended to be served through the proIt shall be a condition upon the

posed airport; and also the Federal Avia

tion Administration, marked for the atholding of a certificate that any in

tention of the Director of Airport tentional contravention in fact by the

Services; holder of the terms of Title IV of the

(e) [Reserved) act or of the orders, rules, or regula

(f) In the case of a Notice of Additions issued thereunder or of the terms, conditions, and limitations attached to

tional Stop Required by Foreign Country

or Notice of Terminal Change Required the exercise of the privileges granted by the certificate, even though occur

by Foreign Country, each scheduled air

carrier which regularly renders service to ring without the territorial limits of

or from such additional stop or new the United States, shall, except to the

terminal point, as the case may be; and extent that such contravention in fact shall be necessitated by an obligation,

(g) Such other persons as the Board

may specially designate in a particular duty, or liability imposed by a foreign

case. country, be a failure to comply with the terms, conditions, and limitations of the

(Sec. 402, 72 Stat. 757, 49 U.S.C. 1372) certificate within the meaning of section

(ER-146, 14 F.R. 8527, June 29, 1949, as

amended by ER-534, 33 F.R. 6240, Apr. 24, 401 (h) of the act.

1968; ER-573, 34 F.R. 6772, Apr. 23, 1969; {ER-146, 14 F.R. 3527, June 29, 1949)

ER-612, 35 F.R. 7110, May 6, 1970]

RECOMMENDED

AIRPORT

NOTICE-FOREIGN

AIR

8 203.8 Filing and service of documents; tion within 10 days after it is filed. An

procedures thereon; petitions for executed original and 19 copies of such reconsideration.

petition for reconsideration or memoran(a) Number of copies and certificate

dum shall be filed with the Docket Secof service. An original and three copies of

tion, and copies thereof shall be served each Approved Service Plan-Foreign Air upon the relevant persons described in Transportation, Notice of Additional Stop

$ 203.7. Unless ordered by the Board upon Required by Foreign Country, Notice of application or upon its own motion, furTerminal Change Required by Foreign

ther pleadings will not be entertained. Country, and Airport Notice-Foreign Air (Sec. 402, 72 Stat. 757; 49 U.S.C. 1372) (ERTransportation, and an original and 19 534, 33 F.R. 6241, Apr. 24, 1968 as amended copies of each application shall be filed

by ER-573, 34 F.R. 6772, Apr. 23, 1969) with the Board each setting forth the 8 203.9 Name of air carrier. names and addresses of the persons re

It shall be an express condition upon quired to be served and stating that service has been made on all such persons by

the operating authority granted by each

certificate issued pursuant to section 401 personal service or by registered or certified mail, and the date of such service.

of the Act authorizing an air carrier to In the case of service by mail, the date of

engage in foreign air transportation,

that the air carrier concerned, in holdmailing shall be considered the date of

ing out to the public and in performing service. Each copy of a notice or appli

air transportation services, shall do so cation served pursuant to this part shall

only in a name the use of which is austate that such service is made pursuant

thorized under the provisions of Part to this part. (b) Pleadings by interested persons.

215 of this chapter (Economic Regula

tions), Any interested person may file and serve upon the air carrier, and those persons

(ER-388, 28 F.R. 9200, Aug. 21, 1963) required by § 203.7 to be served with an

APPENDIX A airport notice or application for permission to use an airport, a memorandum

TRANSPORTATION in opposition to, or in support of, such

Date notice or application within 15 days of

To: Director, Bureau of Operating Rights, the filing of the notice or within 20 days Civil Aeronautics Board, Washington, of the filing of the application. Such D.C. 20428. memoranda shall set forth in detail the Re: Airport Notice filed pursuant to Part 203 reasons for the position taken therein, of Economic Regulations. with a statement of economic data and DEAR SIR: Transmitted herewith are an other matters which it is desired that

original and three copies of this notice to adthe Board shall officially notice. An ex

vise that

(air car

rier) intends to inaugurate service to the ecuted original and three copies in the

following points through the following aircase of notices, and 19 copies in

ports: the case of applications, shall be filed

Point with the Docket Section of the Board.

Airport In the case of airport notices, such

Service to be inaugurated on after memoranda shall be marked for the attention of the Director, Bureau of Give exact longitude and latitude of the airOperating Rights. Unless ordered by the port to be served (applicable only if airBoard, upon application or upon its own port is not already being used by an air motion, further pleadings will not be carrier pursuant to this part). entertained.

Indicate whether waiver of 30-day provision (c) Petitions for reconsideration. A

is requested petition for reconsideration of the NOTICE: The regulations of the Civil AeroBoard's determination on an applica

nautics Board provide that memoranda in. tion for permission to use an airport

support of or in opposition to this airport.

notice may be filled with the addressee above may be filed by any interested person

within 15 days of the date of filing hereof. within 10 days after the date thereof. Ex Such memoranda shall be served on the apcept for the date of filing, such petitions plicant carrier and the persons on whom this shall conform to Rule 37 of the rules of

notice has been served. practice (§ 302.37 of this chapter). Any

(Signature) interested person may file an answer in opposition to, or in support of, the peti

(Title)

or

CERTIFICATE OF SERVICE

Sec.

205.4 Answers by interested persons and I hereby certify that I have this day served (state manner of service) copies of this air

replies thereto.

205.5 Service. port notice on the Postmaster General,

205.6 marked for the attention of the Deputy

Disposition.

205.7 Petition for reconsideration. Assistant Postmaster General for Logistics,

205.8 Automatic suspension authority for Bureau of Operations (if the holder's certificate authorizes the transportation of mail);

involuntary postponement of in. the Secretary of State, marked for the atten

auguration or involuntary inter

ruption of service. tion of Director, Office of Aviation, Bureau of

205.9 Re-examination of suspension auEconomic Affairs; the Federal Aviation Ad

thority. ministration, for the attention of the Direc

205.10 Effect of failure to provide service. tor, Airport Services; and the following sched

205.11 Institution of service after suspenuled air carriers:

sion or postponement of inaugura(name and address).

tion: notice to the Board.

205.12 Strikes; report to be filed. (Signature)

AUTHORITY: The provisions of this part 205 (Title)

issued under sec. 204, sec 401, 72 Stat. 743,

754; 49 U.S.C. 1324, 1371. (ER-534, 33 F.R. 6241, Apr. 24, 1968, as amended by ER-612, 35 F.R. 7110, May 6, SOURCE: The provisions of this part 205 1970)

contained in ER-349, 27 F.R. 733, Jan. 25, APPENDIX B

1962, unless otherwise noted.

§ 205.1 Applicability. RECOMMENDED TERMINATION OF SERVICE NOTICE-FOREIGN AIR TRANSPORTATION

(a) This part shall apply to all air Date --

carriers holding currently effective cerTo: Director, Bureau of Operating Rights,

tificates of public convenience and necesCivil Aeronautics Board, Washington, D.C. 20428.

sity authorizing scheduled route service Re: Termination of Service Notice filed pur

between designated points (hereinafter suant to Part 203 of Economic Regula referred to as certificates) issued by the tions,

Board pursuant to section 401 of the Act DEAR SIR: Transmitted herewith are an

with respect to: original and three copies of this notice to

(1) Inauguration of new service puradvise that----- -----(air carrier) will cease to provide service on.-- ---(date)

suant to certificate awards; to the following points through the following

(2) Applications to the Board for auairports:

thority to temporarily suspend service Point

to or from any point named in a cerAirport

tificate or included in an approved serv

ice plan designating points which may (Signature)

be served in a general area named in such

certificate; (Title)

(3) Notice to the Board when all serv(ER-534, 33 F.R. 6241, Apr. 24, 1968]

ice to or from a point, pursuant to a cerNOTE: The reporting requirements con tificate, shall have been interrupted or tained herein have been approved by the

inauguration delayed because of cirBureau of the Budget in accordance with the

cumstances or events beyond the carFederal Reports Act of 1942.

rier's control as provided in § 205.8(a);

and PART 205-INAUGURATION AND

(4) Termination of suspension of servTEMPORARY SUSPENSION OF

ice. SCHEDULED ROUTE SERVICE AU (b) Sections 205.2(a) and 205.10 shall THORIZED BY CERTIFICATES OF not apply to the operations of cer ated PUBLIC CONVENIENCE AND

air carriers to or from points authorized NECESSITY

for service in their certificates pursuant

to section 401(e) of the Civil Aeronautics Sec.

Act of 1938, 49 U.S.C. 481, but never regu205.1 Applicability.

larly served. This part does not relieve 205.2 Board authorization required for delayed inauguration or temporary

any carriers from the obligation to file suspensions of service.

schedules pursuant to the requirements 205.3 Applications pursuant to $ 205.2. of Part 231 of this chapter.

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