AUTHORITY: The provisions of this Part 215 issued under secs. 101(3), 204(a), 401, 402, 411, 416, 417, 72 Stat. 737, 743, 754, 757, 769, 771, 76 Stat. 145; 49 U.S.C. 1301, 1324, 1371, 1372, 1381, 1386, 1387.

SOURCE: The provisions of this Part 215 contained in ER-386, 28 F.R. 9201, Aug. 21, 1963, unless otherwise noted.

§ 215.1 Applicability.

This part applies to all direct and indirect air carriers and foreign air carriers, except air taxi operators.

§ 215.2 Use of name.

In holding out to the public and in performing air transportation services, an air carrier or foreign air carrier subject to this part shall use only the name in which its operating authorization is issued, or a name the use of which has been authorized by the Board. Except as provided in §§ 221.21 (j) and 221.35 (d) of this chapter (Economic Regulations), minor variations in the use of this name

Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years, or both. Title 18, U.S.C. § 1001.

including abbreviations, contractions, initial letters, or other variations of such name which are readily identifiable therewith are permitted. Slogans and service marks shall not be considered names for the purposes of this part, and their use is not restricted hereby.

§ 215.3 Change of name or use of trade

name.

(a) Applications. Any carrier subject to this part which desires to change the name in which its operating authorization has been issued or a name the use of which has previously been authorized by the Board, or to use a trade name, may file with the Board an application for permission to do so. The application shall comply with §§ 302.3 and 302.4 of this chapter (Board's Procedural Regulations) but need not be served on any person unless the Board so directs.

(b) Disposition. Upon proceedings pursuant to § 215.4 (a), (b), (c) and (d), the Board will grant permission for the change of name or use of a trade name if it finds that the use of such name is not contrary to the public interest. Any such permission may be conditioned upon the abandonment of the use of the currently authorized name or names in air transportation service by the party concerned, or otherwise be made subject to such reasonable terms and conditions as the Board may find necessary to protect the public interest. If the name originally applied for is one in which the applicant has a prior business interest, the applicant may be permitted by the Board to advertise his affiliation with his other business, even though his operating authority has not been issued under that original name because of the public confusion problem. For example:

(1) If an applicant is in business as a surface feright forwarder under a name which might cause confusion, and he wishes to organize a new company for his air freight forwarder business, he may be permitted to represent to the public that the new company is an "affiliate of a surface freight forwarder." The new company name shall always be displayed more prominently than the name of the company with which the carrier is affiliated, and, as illustrated, the nature of the business of the company with which the new company is affiliated shall always be displayed as prominently as its name.

(2) If an applicant intends to undertake air transportation activities under

an existing company name which would cause confusion, he may be required to hold out his air transportation activities under a trade name. However, it may be necessary to include a requirement that the existing company name as well as the trade name appear on all airway bills and contracts entered into by the company, as well as on all insurance policies in a form which will obviate any possible confusion, such as:

-Forwarding Co. d/b/a

Ajax Air Freight

In such instances, the trade name selected shall at all times be displayed more prominently than the company name, and the company name shall not be used in any way for advertising purposes, unless the fact that there is no affiliation with another air carrier is prominently spelled out.

§ 215.4 Procedure in cases of similarity of names.

(a) Initiation of proceeding. When processing an application for an exemption to perform air transportation services, a letter of registration, an operating authorization, or for any other operating rights except certificates of public convenience and necessity and foreign air carrier permits, or when processing an application for permission to change names or to use a trade name, the Board will compare the proposed name with a list of names used by existing and former air carriers and foreign air carriers, other than air taxi operators. Names not used for a considerable length of time may be deleted from the list. If it appears that a possibility of public confusion with a name or names on the list exists, the Board will notify the carrier or carriers which may be affected because of present or past use of such names by themselves or by carriers which they have absorbed. The notification will identify the applicant and state its proposed name or the name requested, area of operation, location of agencies and terminals, type of business, and other pertinent matters. A copy of this notification will also be sent to the applicant.

NOTE: Non-action under this provision shall not be construed as a determination by the Board that there 18 no confusion similarity or as an adjudication of any rights or liabilities.

(b) Answer. Within 15 days the notified carrier or any other interested per

son may submit to the Board and serve upon the applicant an answer in writing setting forth its position as to whether public confusion will result because of similarity of names, along with relevant factual information. Such answers should set forth facts with respect to the following matters, among others: (1) The similarity of the names; (2) expected geographical overlap and relationship between the two carriers; (3) comparison of the types of operations of the respective carriers; and (4) the extent to which any or all of the words in the applicant's name or the name requested, or such words in any combination, have been identified by the public, with the other carrier. In this connection, the statement should point out (i) length of time the carrier has been operating; (ii) other carriers using the same words or combinations of them in their name; and (iii) relevant court or Board decisions concerning confusingly similar names. Where there is no notification by the Board, any interested person may file an answer within 30 days after the date of filing of the application.

(c) Reply. Within 15 days from the date of service of the answer, the applicant may submit a reply to the Board and serve it upon the persons who have filed answers.

(d) General requirements of pleadings. Answers and replies shall be filed with the Board in accordance with the requirements of §§ 302.3 and 302.4 of this chapter (Board's Procedural Regulations).

(e) Determination in case of applications for operating authority. If the Board determines that an applicant's name will not result in public confusion the application will be examined and acted upon according to its other merits. If it is determined that said name may result in public confusion, the applicant may, within 15 days, (1) amend the application by changing the proposed name, or (2) withdraw the application. or (3) request that the issue of similarity of names be assigned for hearing or considered as an issue if there is to be a hearing on the merits of the application. If the applicant asks for a hearing, he shall outline the evidence to be presented on this issue and shall show the need for hearing thereon. The Board may thereupon deny said application without hearing, or assign it for hearing, or consider the proposed name as an issue if there is to be a hearing on the merits

(a) As used in this part, unless the context otherwise requires:

"Act" means the Federal Aviation Act of 1958, as amended.

"Blind sector traffic" means revenue traffic, carried by a foreign air carrier on a flight operating in air transportation, which is enplaned at one foreign point and deplaned at another foreign point, where at least one of such points is not named as a terminal or intermediate point in the carrier's applicable foreign air carrier permit.

NOTE: This definition shall not be deemed to include the carriage of authorized "beyond homeland" traffic (i.e., traffic carried between a point named in a carrier's foreign air carrier permit and a point beyond a homeland terminal point authorized under such permit).

"Revenue traffic" means persons, property or mail carried for compensation or hire.

(b) Terms defined in section 101 of the Act have the meaning expressed in such definitions.

§ 216.2 Applicability.

This part sets forth the requirements applicable to foreign air carriers for obtaining a Special Authorization from the Board with despect to any deviation from an authorized foreign air trans

portation route for the purpose of commingling blind section traffic with air transportation traffic carried pursuant to a foreign air carrier permit issued by the Board. The deviation by a foreign air carrier from its authorized route for the purpose of combined carriage to or from the United States of nonrevenue or other traffic, the carriage of which does not constitute engaging in foreign air transportation, is governed by the provisions of Part 375 of this chapter.

§ 216.3 Prohibition.

No foreign air carrier shall carry any blind sector traffic, as defined in this part, on any flight operating in air transportation pursuant to the authority of a foreign air carrier permit issued under section 402 of the Act, unless the combined carriage of such traffic has been specifically authorized by such permit, or by a Special Authorization issued under § 216.4.

§ 216.4 Special authorizations.

(a) Applications. Any foreign air carrier may apply to the Board for a Special Authorization, as required by this part, for the carriage of blind sector traffic on a particular flight, series of flights, or for a specified or indefinite period of time between specified points. Applications shall be submitted directly to the Board, addressed to the attention of the Director, Bureau of Operating Rights. One original and seven true copies in conformity with the requirements of §§ 302.3(b) and 302.4 (b) and (c) of this chapter shall be filed. The applications shall contain a proper identification of the applicant; the flight or flights upon which it is proposed to carry such blind sector traffic, including routing, nontraffic stops, and dates or duration of the authority sought; a full description of such traffic, and points between which such traffic will be carried; information or documentation as to whether the country of which the applicant is a national grants reciprocal privileges to U.S. carriers; and the reasons for requesting such authorization together with such additional information as will establish that the grant of such authority will otherwise be in the public interest. Such additional information as may be specifically requested by the Board shall also be furnished.

(b) Service. Applications shall be served upon each direct U.S. air carrier certificated to engage in individually ticketed or waybilled foreign air transportation over any portion of the route to which the application pertains, and on such other persons as the Board may require, and proof of such service shall accompany the application as provided in § 302.8 of this chapter. Notice of such applications shall also be published in the Board's Weekly List of Applications Filed.

(c) Memoranda in support or opposition. Any interested person may file a memorandum in support of or in opposition to the grant of an application. Such memorandum shall set forth in detail the reasons why it is believed that the application should be granted or denied and shall be accompanied by such data, including affidavits, which it is desired that the Board consider. Copies of the memorandum shall be served upon the applicant. Nothing in this subparagraph shall be deemed to preclude the Board from granting or denying an application when the circumstances so warrant without awaiting the filing of memoranda in support of or in opposition to the application.

(d) Time for filing. (1) Applications seeking authority to engage in blind sector operations for a period of 3 months or longer, shall be submitted at least 60 days in advance of the proposed commencement of such operations. Memoranda in response to such an application shall be submitted within 15 days after the date of filing thereof.

(2) Applications seeking authority to engage in blind sector operations for a period less than three months shall be filed at least 20 days in advance of the proposed commencement of such operations, and memoranda in response thereto within 7 days after the date of filing thereof: Provided, That the Board may consider late filed applications upon a showing of good cause for failure to adhere to this requirement.

(e) General procedural requirements. Except as otherwise provided herein, the provisions of Part 302, Subpart A, of this chapter shall apply to the extent applicable.

(f) Issuance of Special Authorization. A Special Authorization authorizing the carriage of blind sector traffic will be is

sued only if the Board finds that the proposed carriage is fully consistent with applicable law and this part, and that grant of such authority would be in the public interest. The application may be granted or denied in whole or in part without hearing, and a Special Authorization made subject to any conditions or limitations, to the extent that such action is deemed by the Board to be in the public interest. Special Authorizations are not transferable.

(g) Nature of the privilege conferred. A Special Authorization issued pursuant to this section shall constitute a privilege conferred upon a carrier, which may be enjoyed only to the extent that its continued exercise remains in the interest of the public. Accordingly, any Special Authorization issued pursuant to this section may be revoked, suspended, amended or restricted without hearing. § 216.5 Existing permits.

"Foreign aircraft permits" issued by the Board under the provisions of Part 375 of the Board's Special Regulations, authorizing the combined carriage of blind sector traffic as defined in this part, shall continue in effect in accordance with their terms until their expiration date unless sooner terminated, revoked or modified by the Board. Such permits shall, upon the effective date of this part, be deemed to constitute a Special Authorization issued pursuant to § 216.4.

§ 216.6 Existing unauthorized operations.

Notwithstanding the provisions of § 216.3, if within 30 days after the effective date of this part a carrier files an application for a Special Authorization to continue to perform existing blind sector operations which have been regularly performed by such carrier commencing on a date pror to August 9, 1967, such carrier may continue to engage in such blind sector operations until final decision by the Board on such application: Provided, That any such application shall, in addition to the requirements of § 216.4(a), contain a statement that the carrier is relying upon this section for continuance of preexisting blind sector operations, and shall fully describe such operations including the date inaugurated, and the frequency and continuity of performance.

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§ 217.3

Report of civil aircraft charters performed by foreign air carriers.

(a) Each foreign air carrier shall file CAB Form 217 entitled "Report of Civil Aircraft Charters Performed by Foreign Air Carriers" in accordance with the provisions of this part and in the manner set forth in said form which is made a part hereof and annexed hereto."

(b) CAB Form 217 shall be prepared for the quarters ending March 31, June 30, September 30, and December 31 of each calendar year. CAB Form 217 shall be completed in triplicate and filed with the Board (i.e., postmarked) not more than forty (40) days after the end of each calendar quarter, and shall be addressed to the Civil Aeronautics Board,

Filed as part of the original document.

Attention of the Bureau of Accounts and Statistics, Washington, D.C. 20428.

§ 217.4 Extension of filing time.

If circumstances prevent the filing of a report within the prescribed time limit, consideration will be given to the granting of an extension upon receipt of a written request therefor. Such a request must give a sufficient reason for granting the extension, set forth the date when the report can be filed, and be submitted sufficiently in advance of the due date to permit proper time for consideration and communication to the foreign air carrier of the action taken. Except in cases of emergency, no request for extension will be entertained which is not received in sufficient time to enable the Board to pass thereon before the prescribed due date. If a request is denied, the foreign air carrier remains subject to the filing requirements to the same extent as if no request for extension had been made. § 217.5

Certification.

The certificate contained in CAB Form 217 shall be executed by the officer in charge of the carrier's accounts and shall apply to all reports of civil aircraft charters and supporting documents, if any, filed therewith.

§ 217.6

Reporting instructions.

(a) A complete report shall be made on this form for the overall or system operations conducted by a foreign air carrier to or from the United States.

(b) Separate reports shall be filed for each of the below-named types of charters and the type shall be inserted opposite the caption "Type of Charter."

(1) Single entity charter, as defined in Parts 212 and 214 of this chapter (Board's economic regulations).

(2) Pro rata charter, as defined in Parts 212 and 214 of this chapter (Board's economic regulations). Mixed charters, as defined in Parts 212 and 214 of this chapter, are to be reported as pro rata charters.

EFFECTIVE DATE: The provisions of this § 217.6(b) (1) and (2), set forth above, become effective Jan. 7, 1972. For the convenience of the user, the provisions set forth below are effective through Jan. 6, 1972.

(1) Single entity charter, as defined in Part 214 of this chapter (Board's Economic Regulations).

(2) Pro rata chapter, as defined in Part 214 of this chapter (Board's Economic Regulations). Mixed charters, as defined in Part 214