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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. $ 200.7
Instructions. 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 1002 (d) to (i) 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(i), 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)
PART 201-APPLICATIONS FOR CER
TIFICATES OF PUBLIC CONVEN
IENCE AND NECESSITY Sec. 201.1 Formal requirements. 201.2 Amendments. 201.3 Incorporation by reference. 201.4 General provisions concerning con.
tents. 201.5 Operations other than between fixed
points. 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. 8 201.1 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 (a) execution, number of copies, and service: (b) verification; and (c) 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) (ER146, 14 F.R. 3524, June 29, 1949, as amended by ER-378, 28 F.R. 3585, Apr. 12, 1963) 8 201.2 Amendments.
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, verification, and other essential respects. $ 201.3 Incorporation by reference,
In general it is desirable that incorporation by reference shall be avoided. Hjwever, where two or more applications | are filed by a single carrier, lengthy exhibits or cther 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 air transportation between points in the continental United States and requests for authority to engage in air transportation to or from any point outside the continental United States shall not be included in the same application. Similarly, requests for authority to engage in scheduled air transportation and requests for authority to engage in nonscheduled air transportation shall not be included in the same application.
(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 1 (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 in 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 convenier.ce and necessity authorizing air transportation, the name and type of business of any afillate, subsidiary, or principal stockholder of applicant engaged in any form of transportation as a common carrier or engaged in any phase of aeronautical activity.
(7) If applicant does not hold a certificate of public convenience and necessity authorizing air transportation, & statement as to whether or not applicant is currently engaged in air transportation pursuant to the authority granted by Part 291 of this chapter.
(8) If the application shows, pursuant to subparagraph (7) of this paregraph that the applicant is currently engaged in air transportation pursuant to the authority granted by Part 291 of this subchapter, a statement that all reports due under said part from the applicant have been filed with the Board and the date or dates thereof. No proceedings other than those necessary for amendment or dismissal shall be had on any application which fails to comply with this subparagraph or discloses failure by the applicant to file such a required report while default in filing such report continues, & 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_TERMS, CONDITIONS § 202.3 Airport authorization.
(a) Airport notice. An airport notice CATES OF PUBLIC CONVENIENCE is required to be filed with the Board AND NECESSITY; INTERSTATE AND if the holder of a certificate desires to OVERSEAS ROUTE AIR TRANSPOR
serve regularly a point named in such
certificate, or a point which the holder TATION
is otherwise authorized to serve reg
ularly, through an airport not then Sec.
regularly used or authorized to be used 202.1 Applicability.
by the holder to serve such point: Pro202.2 Nonstop authorization. 202.3 Airport authorization,
vided, however, That if the holder of a 202.4 Service pattern change.
certificate desires to serve a point 202.5 Filing and service of airport notices through an airport through which it
and applications for change in serv- already serves another point on its route, ice pattern and permission to use and to retain both points in its certifian airport; procedure thereon.
cate, the holder is required to file with 202.6 Provisions as to scheduled stops.
the Board an application for permission 202.7 Failure to comply. 202.8 Name of air carrier.
to use an airport; and such holder shall Appendix A.
not file an airport notice. Such appli
cation shall conform in all respects to AUTHORITY: The provisions of this part 202
the procedure set forth in paragraphs issued under secs. 204, 401, 72 Stat. 743, 754;
(b) and (c) of this section and $ 202.5. 49 U.S.C. 1324, 1371, unless otherwise noted.
Airport notices and applications for per§ 202.1 Applicability.
mission to use an airport are not required Unless a certificate or the order au
of Alaskan air carriers, holders of certhorizing the issuance of such certificate
tificates authorizing use of rotary wing
aircraft only, and holders of certificates shall otherwise provide, there shall be
limited to community center service and attached to the exercise of the privileges
interairport service. When an airport granted by each certificate (other than
notice is required hereunder, the certifia certificate for supplemental air trans- cate holder shall file it with the Board at portation) authorizing an air carrier to least 30 days prior to the proposed date engage in interstate or overseas air of inauguration of the use of the airtransportation pursuant to section 401 port. Such notice shall be conspicuously of the act such terms, conditions, and entitled Airport Notice; shall, as a minlimitations as are set forth in this part, imum amount of information, describe and as may from time to time be pre
such airport by name and, if it is not an scribed by the Board.
airport already being used by an air (ER-146, 14 F.R. 3525, June 29, 1949,
carrier subject to the provisions of this
part, state its location; shall state the amended by ER-345, 27 F.R. 559, Jan. 19, 1962)
date of intended inauguration of service
and whether a waiver of the 30-day § 202.2 Nonstop authorization.
notice provision is requested; and shall Subject to the provisions of section
contain a notice to the persons served 405(b) of the act, the holder of a cer- that they may, within 15 days of the tificate may inaugurate scheduled non
date the notice was filed, file and serve stop service between any two points not
memoranda in support of, or in opposiconsecutively named in its certificate (if tion to, the notice. A recommended such certificate authorizes service be- format of Airport Notice is set forth tween such points and does not prohibit
below as Appendix A. The use of such nonstop service between them) upon the airport may be inaugurated 30 days after effective date of a schedule page, show
the filing of such notice, unless the ing such nonstop service, filed with the Board notifies the holder within said Board in accordance with Part 231 of 30-day period that it appears to the this subchapter.
Board that such use may adversely affect (ER-146, 14 F.R. 3525, June 29, 1949, as the public interest, in which event such amended by ER-345, 27 F.R. 559, Jan. 19, use shall not thereafter be inaugurated 1962]
(except as may be expressly permitted
by such notification from the Board) 127 F.R. 559, Jan. 12, 1962.
unless and until the Board finds, upon 1
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 $ 202.3(a) 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 section 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 oficially -notice, and shall contain 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) Persons to be served. A copy of each airport notice or application for - permission to use an airport shall be - served upon such persons as the Board may designate in a particular case, and
shall be served upon the following persons in all cases:
(1) The Postmaster General, marked for attention of Assistant Postmaster General Bureau of Transportation;
(2) Each scheduled air carrier which regularly renders service to or from the point intended to be served through either the currently used or proposed airport and the airport managers of said airports;
(3) The chief executives of the city (or other political subdivision) and of the State, in which are located the currently used airport, the proposed airport, and the point to be served, respectively. (If there be a state commission or agency having jurisdiction of transportation by air, notice shall be served on such commission or agency rather than on the chief executive of the State.) (ER-345, 27 F.R. 559, Jan. 19, 1962, as amended by ER-393, 28 F.R. 9287, Aug. 23, 1963] $ 202.4 Service pattern change.
(a) Applicability. This section shall be applicable only to certificates which contain a condition requiring that each trip operated by the holder of the certificate between points named in the route or a segment thereof shall (subject to exceptions set forth in such certificate) serve each terminal and intermediate point.
(b) Application for change in service pattern. If at any time the halder of such a certificate desires to establish a service pattern omitting one or more of the points served or required to be served pursuant to such condition of the certificate, the holder shall make written application to the Board for approval thereof. Such application shall be conspicuously entitled Application for Change in Service Pattern, and shall set forth the facts relied upon to establish that the proposed service pattern is in the public interest and consistent with the holder's performance of a local air transportation service, a statement of economic data or other matters which it is desired that the Board officially notice. The application shall also contain a notice to the persons served that they may, within twenty days of the date the application was filed, file and serve memoranda in support of, or in opposition to, the application. The Board will grant such application to such extent, for such periods of time, and subject to such conditions as the Board deems proper and
adequate, if it finds that such condition would prevent a proposed service pattern which is in the public interest and consistent with the holder's performance of a local air transportation service.
(c) Service of application. A copy of each Application for Change in Service Pattern shall be served upon such persons as the Board may designate in a particular case, and shall be served upon the following persons in all cases;
(1) The Postmaster General, marked for the attention of the Assistant Postmaster General-Bureau of Transportation;
(2) Each scheduled air carrier which regularly renders service to or from any point named on the route segment the service pattern of which the holder proposes to change;
(3) The chief executives of each point on such route segment and of each State in which are situated the points on such route segment. (If there be a State commission or agency having jurisdiction of transportation by air, notice shall be served on such commission or agency rather than the chief executive of the State.) (ER-146, 14 F.R. 3525, June 29, 1949, as amended by ER-345, 27 F.R. 560, Jan. 19, 1962] § 202.5 Filing and service of airport
notices and applications for change in service pattern and permission to
use an airport; procedure thereon. (a) Number of copies and certificate of service. An original and three copies of each Airport Notice and an original and nineteen copies of each Application for Change in Service Pattern or application for permission to use an airport shall be filed with the Board, each setting forth the names and addresses of the persons required to be served and stating that service has been made on all such persons by personal service or by registered or certified mail, and the date of such service. In the case of service by mail, the date of mailing shall be considered the date of service. Each copy of a notice or application served pursuant to this part shall state that such service is made pursuant to this part.
(b) Pleadings by interested persons. Any interested person may file and serve upon the air carrier and those persons required by $ $ 202.3 and 202.4 to be served with the airport notice or application for permission to use an airport or for change in service pattern, a memo
randum in opposition to, or in support of, such notice or application within 15 days of the filing of airport notices and within 20 days of the filing of an application for permission to use an airport or 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, nineteen 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 Chief, Routes and Agreements Division. 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) § 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