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 without 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 period of at least 45 days. Such nonstop service may be inaugurated upon the expiration of 20 days after the filing 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 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 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 Au gust 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 thereupon 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 Amer ica 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 Country, 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] tions 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 Service in Foreign Air Transportation, Airport Notice-Foreign 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 NoticeForeign Air Transportation, each scheduled 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 Re quired 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-807, 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] 205.7 205.8 205.9 Disposition. Petition for reconsideration. 205.10 Effect of failure to provide service. 205.11 Institution of service after suspen sion or postponement of inauguration: notice to the Board. 205.12 Strikes; report to be filed. AUTHORITY: The provisions of this Part 205 issued under sec. 204 (a), 72 Stat. 743; 49 U.S.C. 1324. Interpret or apply sec. 401, 72 Stat. 754; 49 U.S.C. 1371. SOURCE: The provisions of this Part 205 contained in ER-348, 27 F.R. 733, Jan. 25, 1962, except as otherwise noted. (a) This part shall apply to all air carriers holding currently effective certificates of public convenience and necessity authorizing scheduled route service between designated points (hereinafter referred to as certificates) issued by the Board pursuant to section 401 of the Act with respect to: (1) Inauguration of new service pursuant to certificate awards; (2) Applications to the Board for authority to temporarily suspend service to or from any point named in a certificate or included in an approved service plan designating points which may be served in a general area named in such certificate; (3) Notice to the Board when all service to or from a point, pursuant to a certificate, shall have been interrupted or inauguration delayed because of circumstances or events beyond the carrier's control as provided in § 205.8(a); and (4) Termination of suspension of serv ice. (b) Sections 205.2(a) and 205.10 shall not apply to the operations of certificated air carriers to or from points authorized for service in their certificates pursuant to section 401 (e) of the Civil Aeronautics Act of 1938, 49 U.S.C. 481, but never regularly served. This part does not relieve any carriers from the obligation to file schedules pursuant to the requirements of Part 231 of this chapter. Any § 205.2 Board authorization required for delayed inauguration or temporary suspensions of service. (a) Inauguration of service. service authorized by a certificate shall be inaugurated within 90 days after the effective date of the new or amended certificate unless the Board has fixed a longer period. If the recipient of a certificate award authorizing scheduled route service between designated points desires to postpone inauguration of service to any such point or points beyond the 90-day period or such other period as the Board may have fixed, he shall, not later than 45 days prior to expiration of such period, file an application for postponement of the date of required inauguration of service. (b) Temporary suspension of service. Service to or from any point, authorized in a certificate or included in an approved service plan, shall not be suspended by an air carrier except in accordance with the provisions of this part. § 205.3 Applications pursuant $ 205.2. to (a) The application shall contain a specific statement of the relief requested and of the facts relied upon to establish that there is good cause for the postponement of inauguration of service or that the temporary suspension of service is in the public interest, with a statement of economic data or other matters which it is desired that the Board officially notice. (b) When temporary suspension of service in interstate or overseas transportation is sought on economic grounds, the application shall contain at least the following specific economic data: (1) History of service, particularly schedules and equipment offered by the applicant for the past two years to and from the point; (2) Applicant's most recent yearly traffic data for the point: total number of passengers originating and deplaning; and on-line or, if the applicant does not compile on-line data, on-flight origin and destination of such passengers for four representative months; (3) Anticipated financial benefit to the applicant, with an explanation of the factors considered in reaching such conclusion; (4) Services offered by other scheduled carriers to the point; (5) When the applicant is the only carrier regularly serving the point, the nearest alternative air service, and available surface transportation, schedules and fares to alternative airports; (6) Surface transportation to major markets from the point; and (7) A factual statement of applicant's efforts to stimulate traffic through schedule experimentation, promotion and advertising, new equipment, or other means during past two years. (c) The application shall also contain a list of the persons upon whom copies were served in accordance with § 205.5, and a statement that any interested person may file an answer in opposition to or in support of the application within twenty (20) days after the filing of the application. An executed original and 19 copies of such application shall be filed with the Docket Section of the Civil Aeronautics Board, Washington, D.C., 20428. Applications which are incomplete or which fail to comply with the requirements of this part will be dismissed. [ER 394, 28 F.R. 10195, Sept. 18, 1963] § 205.4 Answers by interested persons. Any interested person may file with the Board and serve upon the applicant a written answer in opposition to or in support of, an application made pursuant to § 205.3 within twenty (20) days of the filing thereof. Such answer shall set forth in detail the reasons why the postponement of inauguration of service or temporary suspension of service should be denied or authorized, with a statement of economic data and other matters which it is desired that the Board shall officially notice. An executed original and 19 copies of such answer shall be filed with the Docket Section. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained. (a) A copy of each application made and each answer addressed thereto pursuant to §§ 205.3 and 205.4 shall be served personally or by registered or certified mail upon such persons as the Board may designate in a particular case, and shall be served upon the following persons in all cases: (1) Each certificated route air carrier which serves any point for which postponement of inauguration or suspension of service is sought, or its designated agent. (2) The chief executive of the city, town or other unit or local government at any such point located in the United States or any possession thereof; (3) The State commission or agency having jurisdiction of transportation by air in the State wherein any such point is located, or if there is no such commission or agency, the chief executive of such State; (4) The Secretary of State (marked for the attention of Chief, Aviation Division) if such point is not located in the United States or any possession thereof; (5) The Postmaster General (marked for the attention of the Assistant Postmaster General-Bureau of Transportation) if the applicant's certificate authorizes the transportation of United States mail to or from such point; (6) In cases involving an application for suspension of service at a point located in the United States or any possession thereof, the manager or other individual having direct supervision over and responsibility for the management of the airport being used to serve such point at the time the application is filed. (b) Local service carriers shall serve such applications also on each certificated route air carrier which provides or is authorized to provide nonstop service between points between which the applicant could provide nonstop service if the application were granted. § 205.6 Disposition. An order may be issued authorizing such postponement or temporary suspension for such term and upon such conditions as the Board may find to be in the public interest. Where the public interest so requires, the Board may act on applications without waiting for answers thereto. |