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$ 200.5 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. 8 200.8 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. 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: (h) 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.

en

However, where two or more applications or not such services are to be rendered are filed by a single carrier, lengthy in scheduled operations. The identificaexhibits or cther documents attached tion of each route shall name every terto one may be incorporated in the others minal and intermediate point to be inby reference if that procedure will sub cluded in the certificate for which apstantially reduce the cost to the appli plication is made. cant.

(4) A map (which may be attached as $201.4 General provisions concerning

an exhibit) drawn approximately to scale : contents.

showing all terminal and intermediate

points to be served, giving the approxi(a) The statements contained in an

mate mileages between all adjacent application shall be restricted to sig

points, and the principal over-all disnificant and relevant facts. They shall

tances. be free from argumentation or from (5) A statement as to the type of airexpressions of opinions, except such as

craft applicant proposes to use in the may be required by this part.

new service and whether such aircraft is (b) Requests for authority to engage

presently owned by the applicant. in air transportation between points in (6) If applicant does not hold a certhe continental United States and re

tificate of public convenience and necesquests for authority to engage in air

sity authorizing air transportation, the transportation to or from any point out

name and type of business of any affillside the continental United States shall

ate, subsidiary, or principal stockholder not be included in the same application.

of applicant engaged in any form of Similarly, requests for authority to en

transportation as a common carrier or gage in scheduled air transportation engaged in any phase of aeronautical and requests for authority to

activity. gage in nonscheduled air transportation (7) If applicant does not hold a cershall not be included in the same appli tificate of public convenience and necescation.

sity authorizing air transportation, a (c) Each application shall give full statement as to whether or not applicant and adequate information with respect is currently engaged in air transportato each of the items set forth in this

tion pursuant to the authority granted paragraph. In addition, the application by Part 291 of this chapter. may contain such other information and (8) If the application shows, pursudata as the applicant shall deem neces ant to subparagraph (7) of this paresary or appropriate in order to acquaint graph that the applicant is currently the Board fully with the particular cir engaged in air transportation pursuant cumstances of its case. Among other

to the authority granted by Part 291 of things, every such application shall con

this subchapter, a statement that all retain the following information:

ports due under said part from the appli(1) The full name and address of the

cant have been filed with the Bourd and applicant, the nature of its organization the date or dates thereof. No proceed: (individual, partnership, corporation, ings other than those necessary for Eetc.) and the name of the State under amendment or dismissal shall be had on the laws of which it is organized.

any application which fails to comply (2) A statement that the applicant is

with this subparagraph or discloses faila citizen of the United States as defined

ure by the applicant to file such a reby section 1 (13) of the act. It is not

quired report while default in filing such - required that the application shall contain all the evidence which the applicant

report continues, - is prepared to present at the hearing or 8 201.5 Operations other than between otherwise in support of such statement, fixed points. but the application shall at least indicate the nature and result of its investi

An application for a certificate authorgations in that matter and the character

izing operations other than between of the evidence it will be prepared to

fixed points, or not having terminal or present in support of citizenship.

intermediate points capable of precise (3) An adequate identification of each description, need comply with the proroute for which a certificate is desired, visions of $ 201.4(0) (3) and (4) only to specifying the type or types of service the extent that it shall clearly describe (mail, passengers, and property) to be the authorization sought by the rendered on each such route, and whether applicant.

PART 202_TERMS, CONDITIONS

AND LIMITATIONS OF CERTIFI-
CATES OF PUBLIC CONVENIENCE
AND NECESSITY; INTERSTATE AND
OVERSEAS ROUTE AIR TRANSPOR-
TATION 1

Sec. 202.1 Applicability. 202.2 Nonstop authorization. 202.3 Airport authorization, 202.4 Service pattern change. 202.5 Filing and service of airport notices

and applications for change in service pattern and permission to use

an airport; procedure thereon. 202.6 Provisions as to scheduled stops. 202.7 Failure to comply. 202.8 Name of air carrier.

Appendix A. AUTHORITY: The provisions of this part 202 issued under secs. 204, 401, 72 Stat. 743, 754; 49 U.S.C. 1324, 1371, unless otherwise noted. $ 202.1 Applicability.

Unless a certificate or the order authorizing the issuance of such certificate shall otherwise provide, there shall be attached to the exercise of the privileges granted by each certificate (other than a certificate for supplemental air transportation) authorizing an air carrier to engage in interstate or overseas air transportation pursuant to section 401 of the act such terms, conditions, and limitations as are set forth in this part, and as may from time to time be prescribed by the Board. (ER-146, 14 F.R. 3525, June 29, 1949, amended by ER-345, 27 F.R. 559, Jan. 19, 1962) $ 202.2 Nonstop authorization.

Subject to the provisions of section 405(b) of the act, the holder of a certificate may inaugurate scheduled nonstop service between any two points not consecutively named in its certificate (if such certificate authorizes service between such points and does not prohibit nonstop service between them) upon the effective date of a schedule page, showing such nonstop service, filed with the Board in accordance with Part 231 of this subchapter. (ER-146, 14 F.R. 3525, June 29, 1949, as Amended by ER-345, 27 F.R. 559, Jan. 19, 1962]

§ 202.3 Airport authorization.

(a) Airport notice. An airport notice is required to be filed with the Board if the holder of a certificate desires to serve regularly a point named in such certificate, or a point which the holder is otherwise authorized to serve regularly, through an airport not then regularly used or authorized to be used by the holder to serve such point: Provided, however, That if the holder of a certificate desires 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, the holder is required to file with the Board an application for permission to use an airport; and such holder shall not file an airport notice. Such application shall conform in all respects to the procedure set forth in paragraphs (b) and (c) of this section and § 202.5. Airport notices and applications for permission to use an airport are not required of Alaskan air carriers, holders of certificates authorizing use of rotary wing aircraft only, and holders of certificates limited to community center service and interairport service. When an airport notice is required hereunder, the certificate holder shall file it with the Board at least 30 days prior to the proposed date of inauguration of the use of the airport. Such notice shall be conspicuously entitled Airport Notice; shall, as a minimum amount of information, describe such airport by name and, if it is not an airport already being used by an air carrier subject to the provisions of this part, state its location; shall state the date of intended inauguration of service and whether a waiver of the 30-day notice provision is requested; and shall contain a notice to the persons served that they may, within 15 days of the date the notice was filed, file and serve memoranda in support of, or in opposition to, the notice. A recommended format of Airport Notice is set forth below as Appendix A. The use of such airport may be inaugurated 30 days after the filing of such notice, unless the Board notifies the holder within said 30-day period that it appears to the Board that such use may adversely affect the public interest, in which event such use shall not thereafter be inaugurated (except as may be expressly permitted by such notification from the Board) unless and until the Board finds, upon

as

127 F.R. 559, Jan. 12, 1962.

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 fights.

(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 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 randum in opposition to, or in support of, would prevent a proposed service pattern such notice or application within 15 days which is in the public interest and con of the filing of airport notices and within sistent with the holder's performance of 20 days of the filing of an application a local air transportation service.

for permission to use an airport or (c) Service of application. A copy of change of service pattern. Such memoeach Application for Change in Service randa shall set forth in detail the reaPattern shall be served upon such per sons for the position therein taken, with sons as the Board may designate in a a statement of economic data and other particular case, and shall be served upon matters which it is desired that the the following persons in all cases; Board shall officially notice. An executed

(1) The Postmaster General, marked original and three copies in the case of for the attention of the Assistant Post airport notices, nineteen copies in the master General-Bureau of Transpor case of applications for permission to tation;

use an airport or change of service pat(2) Each scheduled air carrier which tern, shall be filed with the Docket Secregularly renders service to or from any tion of the Board. In the case of airpoint named on the route segment the port notices, such memoranda shall be service pattern of which the holder pro marked for the attention of the Chief, poses to change;

Routes and Agreements Division. Un(3) The chief executives of each point less ordered by the Board upon applicaon such route segment and of each State tion or upon its own motion, further in which are situated the points on such pleadings will not be entertained. route segment. (If there be a State com (c) Petitions for reconsideration. А mission or agency having jurisdiction of petition for reconsideration of the transportation by air, notice shall be Board's determination on an application served on such commission or agency for permission to use an airport or rather than the chief executive of the change in service pattern may be filed State.)

by any interested persons within ten (ER-146, 14 F.R. 3525, June 29, 1949, as days after the date thereof. Except for amended by ER-345, 27 F.R. 560, Jan. 19, the date of filing, such petitions shall 1962]

conform to the provisions of section 37 of $ 202.5 Filing and service of airport

Part 302 of the Procedural Regulations. notices and applications for change

Any interested person may file a memoin service pattern and permission to randum in opposition to, or in support of

use an airport; procedure thereon. the petition within ten days after it is (a) Number of copies and certificate

filed. An executed original and nineteen of service. An original and three copies

copies of such petition for reconsideraof each Airport Notice and an original

tion or memorandum shall be filed with and nineteen copies of each Application

the Docket Section, and copies thereof for Change in Service Pattern or appli

shall be served upon the persons decation for permission to use an airport

scribed in $ $ 202.3(c) or 202.4(c), as the shall be filed with the Board, each set

case may be. Unless ordered by the ting forth the names and addresses of

Board upon application or upon its own the persons required to be served and motion, further pleadings will not be stating that service has been made on

entertained. all such persons by personal service or

(ER-345, 27 F.R. 560, Jan. 19, 1962] by registered or certified mail, and the 202.6 Provisions as to scheduled stops. date of such service. In the case of service by mail, the date of mailing shall be

(a) With respect to a flight carrying considered the date of service. Each

any passengers in addition to the crew copy of a notice or application served

members, a scheduled stop at point

within the continental United States pursuant to this part shall state that such service is made pursuant to this

shall not be scheduled to exceed 45 minpart.

utes on any flight if the origination or (b) Pleadings by interested persons.

termination of such flight at such point Any interested person may file and serve

is prohibited by any restriction in the

certificate. upon the air carrier and those persons required by $ $ 202.3 and 202.4 to be

(b) With respect to a flight carrying served with the airport notice or appli

only property or mail in addition to the cation for permission to use an airport crew members, a scheduled stop at a or for change in service pattern, a memo point within the continental United

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