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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

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

Date.com
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.

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and the airport mangers of the following airports:

(Airport name and address).

(Signature)

(Title) (ER-345, 27 F.R. 560, Jan. 19, 1962)

NOTE: The reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

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. 203.8 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) $ 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 seg. ment 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 in. terest. 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

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

try, Notice of Additional Stop Required imposed by any foreign country (other by Foreign Country, or Notice of Termi than any obligation, duty, or liability nal Change Required by Foreign Coun arising out of a contract or other agreetry, as the case may be, and shall fully ment entered into between an air carset forth the facts and circumstances rier, or any officer or representative relating to such requirement. At the thereof, and any foreign country, if such time such notice is filed with the Board contract or agreement shall have been a copy thereof shall be served by the disapproved by the Board as being conholder upon such persons as the Board trary to the public interest) to serve regmay require. Such service may be in ularly a point or points in such foreign augurated immediately upon the filing country through any airport not then of such notice and may be continued regularly used by such holder, such unless and until the Board, after notice holder shall file with the Board written and public hearing, shall disapprove notice of such requirement. Such notice such service as being contrary to the shall be filed within 20 days after the public interest, or unless and until the air carrier shall have been advised of Board shall find, after investigation, that such requirement; shall be conspicuously such requirement of the foreign country entitled Airport Notice-Foreign Air is not in effect.

Transportation Change Required by (ER-330, 26 F.R. 4193, May 16, 1961)

Foreign Country; and shall fully set forth

the facts and circumstances relating to $ 203.5 Airport notices.

such requirement. The use of such air(a) If the holder of a certificate desires

port may be inaugurated immediately to serve regularly a point through any upon the filing of such notice and may airport not then regularly used by such be continued unless and until the Board, holder, such holder shall file with the after notice and public hearing, shall Board written notice of its intentions so disapprove the use of such airport as to do. Such notice shall be filed at least being contrary to the public interest, or 30 days prior to inaugurating the use of unless and until the Board shall find, such airport. Such notice shall be con after investigation, that such requirespicuously entitled Airport Notice-For ment of the foreign country is not in eign Air Transportation, shall clearly effect. describe such airport and its location,

(ER-146, 14 F.R. 3527, June 29, 1949, as and shall state the reasons why the amended by ER-330, 26 F.R. 4193, May 16, holder deems the use of such airport to 1961) be desirable. At the time such notice is

$ 203.6 Compliance. filed with the Board a copy thereof shall be served by the holder upon such per

It shall be a condition upon the sons as the Board may require. Subject

holding of a certificate that any into the provisions of section 405(b), the

tentional contravention in fact by the use of any such airport may be inaugu

holder of the terms of Title IV of the rated upon the expiration of 30 days

act or of the orders, rules, or regulaafter the filing of such notice, unless

tions issued thereunder or of the terms, within said 30-day period the Board

conditions, and limitations attached to shall serve upon the holder an order

the exercise of the privileges granted directing such holder to show cause why

by the certificate, even though occursuch use should not be disapproved: ring without the territorial limits of Provided, That, subject to the provi

the United States, shall, except to the sions of section 405(b) of the act, the

extent that such contravention in fact Board may permit the use of any airport shall be necessitated by an obligation, prior to the expiration of such 30-day

duty, or liability imposed by a foreign period whenever the circumstances war

country, be a failure to comply with the rant such action. Upon service of such terms, conditions, and limitations of the order, such use shall not thereafter be certificate within the meaning of section inaugurated except as may be expressly 401 (h) of the act. permitted by such order unless and until

(ER-146, 14 F.R. 3527, June 29, 1949) the Board finds, after notice and public hearing, that the public interest would

$ 203.7 Persons

upon

whom notice

must be served. not be adversely affected by such use.

(b) If at any time the holder of a cer A copy of each Application for Change tificate is required, in order to comply in Approved Service Plan-Foreign Air with any obligation, duty, or liability Transportation, Notice Nonstop

of

Service in Foreign Air Transportation, Airport NoticeForeign Air Transportation, Notice of Nonstop Service Required by Foreign country, Notice of Additional Stop Required by Foreign Country, or Notice of Terminal Change Required by Foreign country, 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 Assistant Postmaster General-Bureau of Transportation, if the holder's certificate authorizes the transportation of mail;

(b) The Secretary of State, marked for the attention of Chief, Aviation Division;

(c) In the case of an Application for Change in Approved Service Plan-Foreign Air Transportation, each scheduled air carrier which is authorized to serve the same general area in which is situated the point to which the holder, as part of its approved service plan, desires to engage, or to cease to engage, in foreign air transportation; and also each scheduled air carrier which is authorized to serve a general area contiguous to the general area wherein such point is situated;

(d) In the case of an Airport Notice Foreign Air Transportation, each schedwed air carrier which regularly renders service to or from the point intended to be served through the proposed airport:

(e) In the case of a Notice of Nonstop Service in Foreign Air Transportation or Notice of Nonstop Service Required by Foreign country, all scheduled air carriers operating in the general area affected by the nonstop notice.

(f) In the case of a Notice of Additional Stop Required by Foreign

Country or Notice of Terminal Change Required by Foreign country, each scheduled air carrier which regularly renders service to or from such additional stop or new terminal point, as the case may be; and

(g) Such other persons as the Board may specially designate in a particular case. (ER-146, 14 F.R. 3527, June 29, 1949, as amended by ER-275, 24 F.R. 5017, June 20, 1959, ER-307, 25 F.R. 6263, July 2, 1960) § 203.8 Manner of filing and serving

papers. Service of a copy of an application or notice upon any person pursuant to this

part may be made by personal service, or by registered or certified mail addressed to such person.

Whenever service is made by registered or certified mail, the date of mailing shall be considered as the time when service is made. Each copy of a notice, served pursuant to this part shall be accompanied by a letter of transmittal stating that such service is being made pursuant to this part. An executed original and nine copies of each such notice shall be filed with the Board, and each such copy shall be accompanied by a statement to the effect that the air carrier has served a copy thereof upon each such person required to be served hereunder. Such statement shall include the names and addresses of the persons upon whom a copy of such notice was served. (ER-146, 14 F.R. 3527, June 29, 1949, as amended by ER-307, 25 F.R. 6263, July 2, 1960) § 203.9 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 foreign 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). [ER-388, 28 F.R. 9200, Aug. 21, 1963)

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