followed and thereafter shall conduct such operations in accordance with the provisions of that approval. Stopovers for the convenience or pleasure of the passengers are not authorized under this section, and stops other than for strictly operational reasons shall not be made. Operators of aircraft registered in countries not parties to the International Air Services Transit Agreement shall make special application to the Board under § 375.70. The consolidation on the same aircraft of an operation under this section with a service authorized under section 402 of the Act is not authorized by this section.

The operation of a foreign aircraft within the United States in violation of the provisions of this part constitutes a violation of section 501 of the Act, and may, in addition, constitute a violation of the Civil Air Regulations. Such operation makes the person or persons responsible for the violation or violations subject to a civil penalty as provided in section 901 of the Act, and to the alteration, amendment, modification, suspension or revocation of any permit issued under this part and of any United States certificate involved as provided in section 609 of the Act. Engaging in air transportation as defined in the aforesaid Act by a foreign aircraft without a foreign air carrier permit issued pursuant to section 402 of the Act or in violation of the terms of such a permit constitutes not only a violation of this regulation but of Title IV of the Act as well, which entails a criminal penalty as set forth in section 902 of the Act. Subpart G-Special Authorization § 375.70 Special authorization.

Any person desiring to navigate a foreign civil aircraft within the United States otherwise than as specifically provided in this part may petition the Board for authorization authorizing the particular flight or series of flights. Such authorization may be issued only if the Board finds that the proposed operation is fully consistent with the applicable law and is in the interest of the public of the United States.

[SPR-4, 25 F.R. 2790, Apr. 2, 1960, as amended by SPR-6, 26 F.R. 834, Jan. 27, 1961]

NOTE: The reporting and record-keeping requirements of this part have been approved

by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

PART 376-AMENDMENT OF FLIGHT PATTERNS OF HELICOPTER OPERATORS

Sec.

376.1

376.2

376.3

376.4

376.5

376.6

Definitions.
Applicability.

Subpart A Applications

General requirements as to form.
Filing and service.

General provisions regarding con-
tents.

Incorporation by reference.

Subpart B-Authorization

376.10 Operations pursuant to proposed amended flight patterns.

376.11 Temporary suspension or modification of flight pattern in compliance with regulation or order of Administrator.

376.12 Board authority over flight patterns.

AUTHORITY: The provisions of this Part 376 issued under secs. 204 (a), 405, 416, 1001, 1005, 72 Stat. 743, 771, 788, 794; 49 U.S.C. 1324, 1386, 1481, 1485.

SOURCE: The provisions of this Part 376 contained in SPR-5, 25 F.R. 10005, Oct. 20, 1960, except as otherwise noted.

§ 376.1 Definitions.

As used in this part:

"Flight Pattern" means a written statement filed by a carrier with the Board showing the points between which and the order in which the carrier proposes to render service with respect to persons, property or mail.

§ 376.2 Applicability.

This part shall be applicable to operations by certificated helicopter carriers which are conducted, subject to stated conditions, within defined areas, under exemption authorities requiring that they shall render service pursuant to such exemption authorities only in accordance with approved flight patterns. To the extent to which the provisions of this part are inconsistent with the terms and conditions in any order granting area exemption authorities, such terms and conditions are hereby superseded.

Subpart A Applications

§ 376.3 General requirements as to form. (a) Applications for flight pattern amendments shall meet the requirements set forth in Rule 3 and Rule 4(b) (§§ 302.3 and 302.4(b)) of the rules of

practice, Part 302 of the Board's regulations.

(b) 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.

(c) The application shall state on the first page thereof the name and post office address of the person or persons to whom communications should be addressed with respect to the application. § 376.4 Filing and service.

Applications for flight pattern amendments shall be filed with the Docket Section of the Board not later than 20 days prior to the desired effective date. Prior to or coincident with the filing of an amended flight pattern application which proposes suspension of passenger service to any point, the carrier shall serve a notice of such filing together with a copy of the proposed amended flight pattern upon the chief executive of the city, town, or other unit of local government at each point regularly receiving passenger service, at which suspension of such service is proposed. Such service shall also be made upon any local service air carrier which serves any point at which it is proposed to terminate, suspend or inaugurate passenger service. If proposed flight patterns involve property and mail carriage, such service shall be made upon the Postmaster General, marked for the attention of the Assistant Postmaster General, Bureau of Transportation. Any such person may, within 10 days after such service, file with the Board, and serve upon the carrier, a statement of position with respect to the proposed service pattern: Provided, That any person entitled to notice under the provisions of this part may, in writing, waive such notice and recommend that the Board approve the amended flight pattern as proposed.

[SPR-8, 27 F.R. 3376, Apr. 10, 1962]

§ 376.5 General provisions regarding

contents.

The statements contained in an application shall be restricted to significant and relevant facts. Each applicant shall give full and adequate information with respect to each of the items set forth in this section. However, the application may contain such other information and data as the applicant shall deem neces

sary or appropriate in order to acquaint the Board fully with the particular circumstances of its case. Every such application shall contain the following information:

(a) The date the flight pattern revision is proposed to become effective;

(b) An indication whether the service requested in the flight pattern amendment is (1) passenger, (2) mail and/or property, or (3) passenger, mail and/or property (a separate flight pattern amendment application shall be filed for each of these separate categories);

(c) An indication by name and by heliport number of the points between which, and the order in which, the carrier proposes to render service, by type of equipment, indicating (1) the approximate air mileage to any new point for which service is proposed, (2) the present and the proposed mileage of each flight for which amendment is requested, and (3) the total mileage of the system as presently operated and as proposed;

(d) Estimates of cost and revenue changes expected to result from the flight pattern amendment, indicating, for each component, the basis of the estimates and computations;

(e) A copy of the revised or new schedule page filed or to be filed with the Board showing the time and frequency of the present and proposed service, by type of equipment;

(f) A map or schedule diagram showing the current and the proposed routing, by type of equipment, for only the flights affected by the amendment;

(g) A certificate of service listing the names and addresses of the persons served pursuant to § 376.4, or, if appropriate, a statement that there is affixed a waiver of notice by each person entitled thereto, recommending approval by the Board of the proposed flight pattern amendment.

[SPR-5, 25 F.R. 10005, Oct. 20, 1960, as amended by SPR-8, 27 F.R. 3376, Apr. 10, 1962]

§ 376.6 Incorporation by reference.

In general it is desirable that incorporation by reference 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.

Subpart B-Authorization

§ 376.10

Operations pursuant to proposed amended flight patterns.

Except as provided in § 376.11, a certificated helicopter carrier may conduct operations pursuant to an amended flight pattern filed with the Board in accordance with the provisions of this part on and after the effective date thereof unless and until such proposed flight pattern is suspended, modified or disapproved by the Board. When a proposed amended flight pattern becomes effective without Board action, the docket relating thereto shall be deemed closed.

[SPR-8, 27 F.R. 3376, Apr. 10, 1962] § 376.11 Temporary suspension or modification of flight pattern in compliance with regulation or order of Administrator.

(a) A regulation or order of the Administrator of the Federal Aviation Agency which requires the temporary suspension or modification of a helicopter flight pattern shall be given effect according to its provisions, and the filing and notification requirements of § 376.4 shall be inapplicable to such suspension or modification.

(b) Immediately upon receiving notice of the regulation or order of the Administrator, requiring the temporary suspension or modification of a helicopter flight pattern, the carrier shall notify the Board thereof, in writing, and by registered or certified mail. Such notification shall describe in detail the circumstances and expected duration of such suspension or modification, and shall contain a copy of the regulation or order, or the pertinent portion thereof. § 376.12 Board authority over flight

patterns.

The Board may in its discretion and without hearing

(a) Approve, disapprove, suspend or modify in whole or in part any flight pattern or amendment thereof filed with the Board. In those cases where all persons entitled to notice file waivers and recommendations pursuant to the proviso to § 376.4, the Board may act without regard to any time limitations provided in § 376.4;

(b) Withdraw in whole or in part, or modify previous approval of any flight pattern: Provided, however, That no current flight pattern with respect to the

377.11 Processing of defective renewal applications.

AUTHORITY: The provisions of this Part 377 issued under sec. 204 (a), 72 Stat. 743; 49 U.S.C. 1324. Interpret or apply secs. 1001, 72 Stat. 788; 49 U.S.C. 1481; secs. 9(b), 12, 60 Stat. 242, 244; 5 U.S.C. 1008, 1011, except as otherwise noted.

SOURCE: The provisions of this Part 377 contained in SPR-7, 26 F.R. 11288, Nov. 30, 1961, except as otherwise noted.

Subpart A-General Provisions

§ 377.1 Definitions.

As used in this part:

"Act" means the Federal Aviation Act of 1958, as amended.

"Authorization" means any agency certificate, approval, statutory exemption or other form of permission granted pursuant to sections 101(3), 401, 408, 409, 412 and 416 of the Federal Aviation Act of 1958, as amended. Where any operating authorization creates more than one separate route, each of these shall be deemed a separate authorization for the purposes of this part.

"Renewal application" means any application filed in conformity with the requirements of this part which requests either a renewal or a new license and is intended to invoke the provisions of the

last sentence of section 9(b) of the Administrative Procedure Act, 5 U.S.C. 1008(b).

"Route" means an authorization which permits an air carrier to render unlimited regularly scheduled service between a specifically designated pair of terminal points and intermediate points, if any.

§ 377.2 Applicability of part.

This part contains the Board's rules implementing the provisions of the last sentence of section 9(b) of the Administrative Procedure Act' with regard to applications for renewal of temporary authorizations granted pursuant to sections 101(3), 401, 408, 409, 412 and 416 of the Federal Aviation Act of 1958, as amended: Provided, That nothing in this part shall be construed as preventing the Board from terminating at any time, in accordance with law, any authorization or any extension thereof, or as a determination that any given authorization is a license with reference to any activity of a continuing nature within the meaning of section 9(b) of the Administrative Procedure Act.

§ 377.3

Authorizations not licenses with reference to an activity of a continuing nature.

The Board hereby determines that the following authorizations are not "licenses with reference to any activity of a continuing nature" within the meaning of section 9(b) of the Administrative Procedure Act:

(1) Authorizations granted for specified period of 180 days or less;

(2) Authorizations other than those granted pursuant to section 401 of the Act which by their terms are subject to termination at an uncertain date upon the happening of an event, including fulfillment of a condition subsequent or occurrence of a contingency. When such an authorization by its terms terminates alternatively upon the happening of an event or the arrival of a specified date, the occurrence of the event prior to the specified date ends the authorization and no previously or subsequently filed

1 "In any case in which the licensee has, in accordance with agency rules, made timely and sufficient application for a renewal or a new license, no license with reference to any activity of a continuing nature shall expire until such application shall have been finally determined by the agency."

renewal application shall be effective to extend such authorization.

§ 377.4 Procedure to obtain Board interpretation.

In any case not expressly provided for by these rules, the Board will determine upon written request by the holder of a temporary authorization or by any competitively affected air carrier or upon its own initiative, whether under section 9(b) of the Administrative Procedure Act any authority granted would be continued in force beyond the expiration date therein specified until final determination of a timely and sufficient renewal application. Written requests for such a determination shall be filed at least 60 days prior to the date herein prescribed for the timely filing of applications for renewal: Provided, That filing of such written request shall not affect the requirements for timeliness of renewal applications contained in this part or other applicable Board regulation or order.

§ 377.5 Effective date.

This part shall become effective 30 days after November 30, 1961 but its provisions shall not be applicable to those temporary authorizations which are outstanding and scheduled to expire by their terms within 120 days of the effective date of this regulation or, in the case of certificates of public convenience and necessity issued under section 401, within 240 days thereof.

Subpart B-Renewal Applications and Procedure Thereon

§ 377.10 Requirements for, and effect of, renewal applications.

(a) Identification of authorization covered by renewal application. Each renewal application shall identify the authorization or authorizations to which it is intended to relate. The application shall indicate the applicant's intention to rely upon section 9(b) of the Administrative Procedure Act as implemented by this part. In case of applications for renewal of an authorization for route service, the renewal application shall specifically identify the separate routes which the applicant proposes to continue serving pursuant to the expiring authorization, pending final determination of the renewal application.

(b) Contents of renewal application. The application must contain all the information required by law and the

Board's regulations, and meet the requirements thereof as to form. The new authorization sought need not be of the same duration as the expiring authorization. If the application relates to renewal of route authority, it must contain, as a minimum, a request for renewed authority to render route service between the terminals named in each separate route for which renewal is requested.

(c) Timeliness. The application must be filed and served in compliance with applicable provisions of law and the Board's regulations not later than 60 days before the expiration date of the outstanding temporary authorization to which it relates. In the case of certificates of public convenience and necessity issued under section 401, it must be filed not later than 180 days before the expiration date thereof: Provided, That (1) nothing herein shall supersede a requirement for earlier filing in any provision of law, the Board's Regulations, any Board orders or any temporary authorization; (2) where an authorization pursuant to section 401 of the Act terminates by its terms upon the happening of an event which could not be foreseen, a renewal application filed within 30 days from the time the carrier has notice that the event will occur, or has occurred, shall be deemed timely; and (3) applications for renewal by substantially equivalent certificate authority of fixed-term route authorizations granted by exemption and for interim extension of the exemption, submitted pursuant to §§ 302.909 and 399.18 of this chapter shall be filed not later than 90 days before the expiration of such exemption authorizations.

(d) Effect. In the case of authorizations which constitute licenses with reference to activities of a continuing nature within the meaning of section 9(b) of the Administrative Procedure Act, the filing of an application complying in all respects with the requirements of paragraphs (a) through (c) of this section shall extend the authorization to which it relates as then outstanding in its entirety, together with all applicable terms, conditions and limitations, until the application has been finally determined by the Board. In the case of routes granted under section 401 of the Act, the duty to render adequate service continues to attach to every point as provided in the expired authorization which is extended pursuant to this provision.

The date of final determination of the application shall be the date when the final order determining the application takes effect, or when the applicable period for filing of petitions for rehearing, reargument or reconsideration expires, or when a timely filed petition therefor is denied, whichever occurs latest.

(Secs. 401, 416(b), 72 Stat. 754, 771; 49 U.S.C. 1371, 1386) [SPR-7, 26 F.R. 11288, Nov. 30, 1961, as amended by SPR-9, 28 F.R. 3586, Apr. 12, 1963]

§ 377.11 Processing of defective renewal applications.

When the Board determines that a renewal application does not comply with the requirements of this part, or that it does not relate to a license with reference to an activity of a continuing nature, it will so notify the applicant. The applicant may amend his application to cure the deficiency as a matter of right at any time prior to the date when the application was due pursuant to § 377.10 (c).