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 officially 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 holder 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.

A

(c) Petitions for reconsideration. 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

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. 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 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 FR. 3526, June 29, 1949, as amended by ER-345, 27 F.R. 560, Jan. 19, 1962]

66-031-67- -2

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]

11

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(name and address);

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]

§ 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 provisions of section 405 (b) of the act, nonstop service may be inaugurated between any two points at any time withy out the filing of the notice herein prescribed, if, during the 12 months preceding such inauguration, nonstop service was regularly scheduled by such holder between such points during a h period of at least 45 days. Such nonstop service may be inaugurated upon the expiration of 20 days after the filing s of such notice unless:

(1) The Board notifies such holder . within said 20-day period that it appears to the Board that such service may adversely affect the public interest, in which

e

· event such service shall not be inaugurated unless and until the Board finds upon application of the holder and after notice and public hearing that the public interest would not be adversely affected by such nonstop service; or

(2) Such service involves a schedule t designated for the transportation of mail and the inauguration of such service on such day would be prohibited pursuant to the provisions of section 405 (b) of the act, in which event the inauguration of such service shall be subject also to said section. The Board may, subject to the provisions of section 405 (b) of the act, permit nonstop service to be inaugurated at any time after the filing of the Notice of Nonstop Service in Foreign Air Transportation herein prescribed whenever the circumstances warrant such action. The holder of a certificate issued pursuant to section 401 (e) (1) of the act, may, subject to the provisions of section 405 (b) of the act, continue to render any nonstop service regularly scheduled on the date of issuance of such certificate, although such nonstop service was not regularly scheduled by the holder on August 22, 1938, if the holder files a Notice of Nonstop Service in Foreign Air Transportation with respect to such service with the Board within 30 days after such date of issuance: Provided, That, if a direct, straight-line course between the points between which such service is operated appears to involve a substantial departure from the shortest course between such points as determined by the route described in the certificate, and if the Board shall, after notice and public hearing, instituted within 90 days after such date of issuance, find that the public interest would be adversely affected by such service on account of such substantial departure, such service shall there

upon be discontinued: Provided further, That, subject to the provisions of section 405(b) of the act, nonstop service may be continued between any two points without the filing of the notice herein prescribed if, during the 12 months preceding the date of issuance of the certificate, nonstop service was regularly scheduled by the holder of the certificate between such points during a period of at least 45 days.

(c) Subject to the provisions of section 405 (b) of the act, nonstop service may be inaugurated between any two points at any time without the filing of the notice herein prescribed if, during the period from June 1, 1941, to May 31, 1942, inclusive, nonstop service was regularly scheduled by such holder between such points during a period of at least 10 days. This authorization shall remain in effect during the present war and thereafter until the Board shall by order declare the authorization terminated. [ER-146, 14 F.R. 3526, June 29, 1949, as amended by ER-330, 26 F.R. 4193, May 16, 1961]

§ 203.4 Requirements of foreign coun

tries.

(a) 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):

(1) To inaugurate scheduled nonstop service to or from a point in South America omitting one or more of the intermediate points named in the certificate or included in the approved service plan and situated in one or more foreign countries; or

(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 Nonstop Service Required by Foreign Coun