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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]

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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: (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 forth in § 302.909 of this chapter (Procedural Regulations). See also § 377.10 (c) of this chapter (Special Regulations).

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(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] § 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 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.

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In general it is desirable that incorporation by reference shall be avoided.

However, where two or more applications are filed by a single carrier, lengthy exhibits or other 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 enIgage 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 convenience and necessity authorizing air transportation, the name and type of business of any affiliate, 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, a 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 paragraph 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.

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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, as 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 FR. 559, Jan. 19, 1962]

127 F.R. 559, Jan. 12, 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

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