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§ 202.8 Name of air carrier.

It shall be an express condition upon the operating authority granted by each 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

Date.

States shall not be scheduled to exceed 2 hours on any flight if the origination or termination of such fight at such

point is prohibited by any restriction in El the certificate.

(c) A certificate containing a condi3 tion 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 2 passenger or property-carrying capacity

(by change of gauge, substitution of

equipment, addition of extra sections, or :: otherwise) on any such flight at any mis 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 per

mitting 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 E 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 authoriza

tion (such as authority to render nonEI stop service, or to suspend service to such

point) of the Board. * (ER-146, 14 F.R. 3525; June 29, 1949, as

amended by ER-345, 27 F.R. 560, Jan. 19,
1962]
$ 202.7 Failure to comply.

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 at

tached to the exercise of the privileges LP

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 obli-
gation, duty, or liability imposed by a
foreign country) be a failure to comply
with the terms, conditions, and limita-
tions of the certificate within the mean-
ing 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,

To: Chief, Routes and Agreements Division,

Bureau of Economic Regulation,
Civil Aeronautics Board

Washington 25, D.C.
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 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.

(Signature)

(Title)

CERTIFICATE OF SERVICE

I hereby certify that I have this day served (state manner of service) copies of this airport notice on the Postmaster General, marked for the attention of the Assistant Postmaster General, Bureau of Transportation; the Mayor or Chief Executive of the cities of

(address), and the Governor of the State of

(address) (or the State Commission or agency having jurisdiction of transportation by air within the State of

(address)); the following scheduled air carriers:

(name and address);

1962)

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PART 203_TERMS, CONDITIONS

AND LIMITATIONS OF CERTIFI-
CATES 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 Airport notices. 203.6 Compliance. 203.7 Persons upon whom notice must be

served. 203.8 Manner of Aling and serving papers. 203.9 Name of air carrier.

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 pursuant to section 401 of the Civil Aeronautics Act of 1938, 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-146, 14 F.R. 3526, June 29, 1949) 8 203.2 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 ap

plication 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 with the public interest. (ER-146, 14 F.R. 3526, June 29, 1949) $ 203.3 Nonstop service.

(a) Except as provided in paragraph (b) of this section, 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 scheduled page, showing nonstop service, filed with the Board in accordance with Part 231 of this chapter.

(b) If at any time the holder of a certificate desires to render a scheduled nonstop service to or from a point in South America omitting one or more of the intermediate points served or to be served pursuant to the certificate, and if such nonstop service is not then regularly scheduled by such holder, such holder shall file with the Board written notice of its intention to inaugurate such service. Such notice shall be filed at least 20 days prior to inaugurating such service, shall be conspicuously entitled Notice of Nonstop Service in Foreign Air Transportation and shall fully describe such service. At the time such notice is filed with the Board a copy thereof shall be served by such holder upon such persons as the Board may

require: Provided, That, subject to the upon be discontinued: Provided further, provisions of section 405(b) of the act, That, subject to the provisions of section nonstop service may be inaugurated be- 405(b) of the act, nonstop service may tween any two points at any time with- be continued between any two points out the filing of the notice herein pre- without the filing of the notice herein scribed, if, during the 12 months pre- prescribed if, during the 12 months preceding such inauguration, nonstop serv- ceding the date of issuance of the certifi. ice was regularly scheduled by such cate, nonstop service was regularly schedholder between such points during a uled by the holder of the certificate beperiod of at least 45 days. Such non- tween such points during a period of stop service may be inaugurated upon at least 45 days. the expiration of 20 days after the filing (c) Subject to the provisions of section of such notice unless:

405(b) of the act, nonstop service may (1) The Board notifies such holder be inaugurated between any two points within said 20-day period that it appears at any time without the filing of the to the Board that such service may ad- notice herein prescribed if, during the versely affect the public interest, in which period from June 1, 1941, to May 31, 1942, event such service shall not be inaugu- inclusive, nonstop service was regularly rated unless and until the Board finds scheduled by such holder between such upon application of the holder and after points during a period of at least 10 notice and public hearing that the public days. This authorization shall remain interest would not be adversely affected in effect during the present war and by such nonstop service; or

thereafter until the Board shall by order (2) Such service involves a schedule declare the authorization terminated. designated for the transportation of mail (ER-146, 14 F.R. 3526, June 29, 1949, as and the inauguration of such service on amended by ER-330, 26 F.R. 4193, May 16, such day would be prohibited pursuant to 1961] the provisions of section 405(b) of the

§ 203.4 Requirements of foreign counact, in which event the inauguration of

tries. such service shall be subject also to said section. The Board may, subject to the

ia) If at any time the holder of a provisions of section 405(b) of the act,

certificate is required, in order to comply permit nonstop service to be inaugurated

with any obligation, duty, or liability imat any time after the filing of the Notice

posed by any foreign country (other of Nonstop Service in Foreign Air Trans

than any obligation, duty, or liability portation herein prescribed whenever

arising out of a contract or other agreethe circumstances warrant such action.

ment entered into between an air carrier The holder of a certificate issued pursu- or any officer, or representative thereof, ant to section 401 (e) (1) of the act, may,

and any foreign country, if such contract subject to the provisions of section 405 or agreement shall have been disap(b) of the act, continue to render any

proved by the Board as being contrary nonstop service regularly scheduled on to the public interest): the date of issuance of such certificate,

(1) To inaugurate scheduled nonstop although such nonstop service was not

service to or from a point in South Amerregularly scheduled by the holder on Au- ica omitting one or more of the intergust 22, 1938, if the holder files a Notice mediate points named in the certificate of Nonstop Service in Foreign Air Trans

or included in the approved service plan portation with respect to such service and situated in one or more foreign with the Board within 30 days after

countries; or such date of issuance: Provided, That, if (2) To add a stop at a point not named a direct, straight-line course between the

in the certificate, or not included in the points between which such service is approved service plan, and situated in operated appears to involve a substantial such foreign country; or departure from the shortest course be- (3) To change the terminal point in tween such points as determined by the such foreign country; route described in the certificate, and if such holder shall file with the Board the Board shall, after notice and public written notice of such requirement. hearing, instituted within 90 days after (b) Such notice shall be filed within such date of issuance, find that the pub- 20 days after the air carrier shall have lic interest would be adversely affected by been advised of such requirement, shall such service on account of such substan- be conspicuously entitled Notice of Nontial departure, such service shall there. stop Service Required by Foreign Coun

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try, 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. (ER-330, 26 F.R. 4193, May 16, 1961) $ 203.5 Airport notices.

(a) If the holder of a certificate desires to serve regularly a point through any airport not then regularly used by such holder, such holder shall file with the Board written notice of its intentions so to do. Such notice shall be filed at least 30 days prior to inaugurating the use of such airport. Such notice shall be conspicuously entitled Airport Notice-Foreign Air Transportation, shall clearly describe such airport and its location, and shall state the reasons why the holder deems the use of such airport to be desirable. 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. Subject to the provisions of section 405(b), the use of any such airport may be inaugurated upon the expiration of 30 days after the filing of such notice, unless within said 30-day period the Board shall serve upon the holder an order directing such holder to show cause why such use should not be disapproved: Provided, That, subject to the provisions of section 405(b) of the act, the Board may permit the use of any airport prior to the expiration of such 30-day period whenever the circumstances warrant such action. Upon service of such order, such use shall not thereafter be inaugurated except as may be expressly permitted by such order unless and until the Board finds, after notice and public hearing, that the public interest would not be adversely affected by such use.

(b) 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-146, 14 F.R. 3527, June 29, 1949, as amended by ER-330, 26 F.R. 4193, May 16, 1961] & 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, Notice of Nonstop

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Service in Foreign Air Transportation, part may be made by personal service, or $ Airport Notice-Foreign Air Transpor- by registered or certified mail addressed : tation, Notice of Nonstop Service Re- to such person. Whenever service is

quired by Foreign country, Notice of made by registered or certified mail, the

Additional Stop Required by Foreign date of mailing shall be considered as ? Country, or Notice of Terminal Change the time when service is made. Each : Required by Foreign country, as the copy of a notice, served pursuant to this : case may be, filed with the Board pur- part shall be accompanied by a letter of csuant to this part by the holder of a transmittal stating that such service is

certificate of public convenience and ne- being made pursuant to this part. An t cessity, shall be served upon the follow- executed original and nine copies of each ing:

such notice shall be filed with the Board, (a) The Postmaster General, marked and each such copy shall be accompanied for the attention of the Assistant Post- by a statement to the effect that the air master General Bureau of Transporta- carrier has served a copy thereof upon

tion, if the holder's certificate authorizes each such person required to be served i the transportation of mail;

hereunder. Such statement shall in(b) The Secretary of State, marked clude the names and addresses of the ¿ for the attention of Chief, Aviation Di- persons upon whom a copy of such notice À vision;

was served. (c) In the case of an Application for (ER-146, 14 F.R. 3527, June 29, 1949, as Change in Approved Service Plan-For- amended by ER-307, 25 F.R. 6263, July 2, eign Air Transportation, each scheduled 1960] air carrier which is authorized to serve

§ 203.9 Name of air carrier. [ the same general area in which is sitį uated the point to which the holder, as

It shall be an express condition upon : part of its approved service plan, desires

the operating authority granted by each I to engage, or to cease to engage, in for- certificate issued pursuant to section 401 · eign air transportation; and also each

of the Act authorizing an air carrier to scheduled air carrier which is authorized

engage in foreign air transportation, to serve a general area contiguous to the

that the air carrier concerned, in holdgeneral area wherein such point is

ing out to the public and in performing situated;

air transportation services, shall do so (d) In the case of an Airport Notice only in a name the use of which is auForeign Air Transportation, each sched- thorized under the provisions of Part uled air carrier which regularly renders 215 of this chapter (Economic Regulaservice to or from the point intended to

tions). be served through the proposed airport: (ER-388, 28 F.R. 9200, Aug. 21, 1963)

(e) In the case of a Notice of Nonstop Service in Foreign Air Transporta- PART 205-INAUGURATION AND tion or Notice of Nonstop Service Re- TEMPORARY SUSPENSION OF quired by Foreign country, all sched

SCHEDULED ROUTE SERVICE AUuled air carriers operating in the general

THORIZED BY CERTIFICATES OF area affected by the nonstop notice. (f) In the case of a Notice of Addi

PUBLIC CONVENIENCE AND tional Stop Required by Foreign Country

NECESSITY or Notice of Terminal Change Required

Sec. by Foreign Country, each scheduled air

205.1 Applicability. carrier which regularly renders service to 205.2 Board authorization required for de. or from such additional stop or new

layed inauguration or temporary terminal point, as the case may be; and

suspensions of service.

205.3 (g) Such other persons as the Board

Applications pursuant to $ 205.2.

205.4 Answers by interested persons. may specially designate in a particular

205.5 Service. case.

205.6 Disposition. (ER-146, 14 F.R. 3527, June 29, 1949, as 205.7 Petition for reconsideration. amended by ER-275, 24 F.R. 5017, June 20, 205.8 Automatic suspension authority for 1959, ER-307, 25 F.R. 6263, July 2, 1960)

involuntary postponement of in. § 203.8 Manner of filing and serving

auguration or involuntary inter

ruption of service. papers.

205.9 Re-examination of suspension auService of a copy of an application or

thority. notice upon any person pursuant to this 205.10 Effect of failure to provide service.

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