change of service pattern. Such memoranda shall set forth in detail the reasons for the position therein taken, with a statement of economic data and other matters which it is desired that the Board shall officially notice. An executed original and three copies in the case of airport notices, 19 copies in the case of applications for permission to use an airport or change of service pattern, shall be filed with the Docket Section of the Board. In the case of airport notices, such memoranda shall be marked for the attention of the Director, Bureau of Operating Rights. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained. (c) Petitions for reconsideration. A petition for reconsideration of the Board's determination on an application for permission to use an airport or change in service pattern may be filed by any interested persons within ten days after the date thereof. Except for the date of filing, such petitions shall conform to the provisions of section 37 of Part 302 of the Procedural Regulations. Any interested person may file a memorandum in opposition to, or in support of the petition within ten days after it is filed. An executed original and nineteen copies of such petition for reconsideration or memorandum shall be filed with the Docket Section, and copies thereof shall be served upon the persons described in §§ 202.3 (c) or 202.4(c), as the case may be. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained. [ER-345, 27 F.R. 560, Jan. 19, 1962, as amended by ER-533, 33 F.R. 6239, Apr. 24, 1968] § 202.6 Provisions as to scheduled stops. (a) With respect to a flight carrying any passengers in addition to the crew members, a scheduled stop at point within the continental United States shall not be scheduled to exceed 45 minutes on any flight if the origination or termination of such flight at such point is prohibited by any restriction in the certificate. (b) With respect to a flight carrying only property or mail in addition to the crew members, a scheduled stop at a point within the continental United States shall not be scheduled to exceed 2 hours on any flight if the origination or termination of such flight at such point is prohibited by any restriction in the certificate. (c) 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. [ER-146, 14 F.R. 3425; June 29, 1940, as amended by ER-345, 27 F.R. 560, Jan. 19, 1962] It shall be a condition upon the holding of the certificate that any intentional contravention in fact by the holder of the provisions of Title IV of the act or of the orders, rules, or regulations issued thereunder, or of the terms, conditions, and limitations attached to the exercise of the privileges granted by the certificate, even though occurring without the territorial limits of the United States shall (except to the extent that such contravention in fact, shall be necessitated by an obligation, duty, or liability imposed by a foreign country) be a failure to comply with the terms, conditions, and limitations of the certificate within the meaning of section 401 (g) of the act. [ER-146, 14 F.R. 3526, June 29, 1949, as amended by ER-345, 27 F.R. 560, Jan. 19, 1962] certificate issued pursuant to section 401 of the Act authorizing an air carrier to engage in interstate or overseas air transportation, that the air carrier concerned, in holding out to the public and in performing air transportation services, shall do so only in a name the use of which is authorized under the provisions of Part 215 of this chapter (Economic Regulations). (Sec. 411, 72 Stat. 769; 49 U.S.C. 1381) [ER387, 28 F.R. 9200, Aug. 21, 1963] APPENDIX A RECOMMENDED AIRPORT NOTICE FORM To: Director, Bureau of Operating Rights, Re: Airport Notice filed pursuant to Part 202 of Economic Regulations. DEAR SIR: Transmitted herewith are an original and three copies of this notice to advise that (air carrier) intends to inaugurate service to the following points through the following airports: Point Airport -- Service to be inaugurated on or after____ Give exact longitude and latitude of the airport to be served (applicable only if airport is not already being used by an air carrier pursuant to this part) Indicate whether waiver of 30-day provision is requested-- NOTICE: The regulations of the Civil Aeronautics Board provide that memoranda in support of or in opposition to this airport notice may be filed with the addressee above within 15 days of the date of filing hereof. Such memoranda shall be served on the applicant carrier and the persons on whom this notice has been served. AND LIMITATIONS OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; FOREIGN AIR TRANSPORTATION Sec. 203.1 General. 203.2 Change in approved service plan. 203.3 Nonstop service. 203.4 Requirements of foreign countries. 203.5 203.6 203.7 Airport authorization. Compliance. Persons upon whom notice must be served. 203.8 Filing and service of documents; procedures thereon; petitions for reconsideration. 203.9 Name of air carrier. Appendix A. Appendix B. AUTHORITY: The provisions of this Part 203 issued under secs. 204, 401, 72 Stat. 743, 754; 49 U.S.C. 1324, 1371. § 203.1 General. Unless the order authorizing the issuance of a particular certificate shall otherwise provide, there shall be attached to the exercise of the privileges granted by each certificate of public convenience and necessity authorizing an air carrier to engage in foreign air transportation issued purusant to section 401 of the Federal Aviation Act of 1958, as amended, the terms, conditions, and limitations set forth in this part and such other terms, conditions, and limitations as may from time to time be prescribed by the Board and approved by the President of the United States. [ER-534, 33 F.R. 6240, Apr. 24, 1968] § 203.2 Change in approved service plan. If the holder of a certificate authorizing it to engage in foreign air transportation to a general area desires, as part of its approved service plan, to engage in foreign air transportation to a point in such area not then included in its approved service plan, or to cease to engage in foreign air transportation to a point in such area in its approved service plan, such holder shall make written application to the Board for approval thereof. Such application shall be conspicuously entitled Application for Change in Approved Service Plan-Foreign Air Transportation, shall clearly describe such point, its location, the segment of the approved service plan to which such point is to be added or from which it is to be removed, and shall set forth the facts relied upon to establish that the proposed change in the approved service plan is in the public interest. At the time such application is filed with the Board, a copy thereof shall be served by the holder upon such persons as the Board may require. After the filing of such application the holder may submit to the Board additional information in support of such application and shall file and serve copies of such additional information in the manner required in the case of such application. The Board will grant such application if it finds that such proposed change in the approved service plan is not inconsistent vith the public interest. [ER-146, 14 F.R. 3526, June 29, 1949] § 203.3 Nonstop service. The holder of a certificate may, subject to the provisions of section 405(b) of the Act, 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 page, showing nonstop service, filled with the Board in accordance with Part 231 of this chapter. (Sec. 402, 72 Stat. 757; 49 U.S.C. 1372) [ER573, 34 F.R. 6771, Apr. 23, 1969] § 203.4 Requirements of foreign coun tries. (2) To add a stop at a point not named in the certificate, or not included in the approved service plan, and situated in such foreign country; or (3) To change the terminal point in such foreign country; such holder shall file with the Board written notice of such requirement. (b) Such notice shall be filed within 20 days after the air carrier shall have been advised of such requirement, shall be conspicuously entitled "Notice of Additional Stop Required by Foreign Country" or "Notice of Terminal Change Required by Foreign Country”, as the case may be, and shall fully set forth the facts and circumstances relating to such requirement. At the time such notice is filed with the Board, a copy thereof shall be served by the holder upon such persons as the Board may require. Such service may be inaugurated immediately upon the filing of such notice and may be continued unless and until the Board, after notice and public hearing, shall disapprove such service as being contrary to the public interest, or unless and until the Board shall find, after investigation, that such requirement of the foreign country is not in effect. (Sec. 402, 72 Stat. 757, 49 U.S.C. 1372) [ER573, 34 F.R. 6771, Apr. 23, 1969] § 203.5 Airport authorization. (a) Airport notice. An airport notice is required to be filed with the Board if 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; and such holder shall not file an airport notice. Such application shall conform in all respects to the procedure set forth in paragraph (b) of this section and §§ 203.7 and 203.8. 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 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 flights. (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 and 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: (i) 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 information, the name of the airport and date of cessation of regular service. A recommended format of the Termination of Service Notice is set for as Appendix B to this part. (d) Obligation to use foreign airport. If at any time the holder of a certificate is required, in order to comply with any obligation, duty, or liability imposed by any foreign country (other than any obligation, duty or liability arising out of a contract or other agreement entered into between an air carrier or any officer or representative thereof, and any foreign country, if such contract or agreement shall have been disapproved by the Board as being contrary to the public interest) to serve regularly a point or points in such foreign country through any airport not then regularly used by such holder, such holder shall file with the Board written notice of such requirement. Such notice shall be filed within 20 days after the air carrier shall have been advised of such requirement; shall be conspicuously entitled Airport Notice-Foreign Air Transportation-Change Required by Foreign Country; and shall fully set forth the facts and circumstances relating to such requirement. The use of such airport may be inaugurated immediately upon the filing of such notice and may be continued unless and until the Board, after notice and public hearing, shall disapprove the use of such airport as being contrary to the public interest, or unless and until the Board shall find, after investigation, that such requirement of the foreign country is not in effect. [ER-534, 33 F.R. 6240, Apr. 24, 1968] § 203.6 Compliance. It shall be a condition upon the holding of a certificate that any intentional contravention in fact by the holder of the terms of Title IV of the act or of the orders, rules, or regulations issued thereunder or of the terms, conditions, and limitations attached to the exercise of the privileges granted by the certificate, even though occurring without the territorial limits of the United States, shall, except to the extent that such contravention in fact shall be necessitated by an obligation, duty, or liability imposed by a foreign country, be a failure to comply with the terms, conditions, and limitations of the certificate within the meaning of section 401 (h) of the act. [ER-146, 14 F.R. 3527, June 29, 1949] § 203.7 Persons upon whom notice must be served. A copy of each Application for Change in Approved Service Plan-Foreign Air Transportation, Airport Notice Foreign Air Transportation, Notice of Additional Stop Required by Foreign Country, Notice of Terminal Change Required by Foreign Country, or application for permission to use an airport, as the case may be, filed with the Board pursuant to this part by the holder of a certificate of public convenience and necessity, shall be served upon the following: (a) The Postmaster General, marked for the attention of the Deputy Assistant Postmaster General for Logistics, Bureau of Operations, if the holder's certificate authorizes the transportation of mail; (b) The Secretary of State, marked for the attention of Director, Office of Aviation, Bureau of Economic Affairs; (b-1) The chief executive of any State, territory, or possession of the United States in which is located any point with respect to which an application or notice pursuant to this part has been filed: Provided, however, That if |