Page images
PDF
EPUB

CHAPTER II-CIVIL AERONAUTICS BOARD

200

201

202

SUBCHAPTER A-ECONOMIC REGULATIONS

Definitions and instructions.

[blocks in formation]
[blocks in formation]

377

379

Continuance of expired authorizations by operation of law pending final
determination of applications for renewal thereof.

Nondiscrimination in Federally-assisted programs of the Board-effectuation
of Title VI of the Civil Rights Act of 1964.

SUBCHAPTER E-ORGANIZATION

[blocks in formation]
[blocks in formation]
[blocks in formation]

the "Economic Regulations." The sec-

tions contained in the Rules of Practice

under title IV and sections 1002 (d) to
(i) of the act, may also be cited by ap-
propriate 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 regu-
lation or a rule of practice of the Board
by means of the numbering system used
prior to the adoption of section num-
bers, 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 per-

sons holding operating authority con-

ferred upon them by section 8 (a) of Pub-

lic 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 certifi-

cate 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 car-

rier" where that term, in the context,

includes supplemental air carriers.

(Interpret or apply 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]

[blocks in formation]

SOURCE: The provisions of this Part 201

contained in ER-146, 14 F.R. 3524, June 29,

1949, except as otherwise noted.

§ 201.1 Formal requirements.

Applications for certificates of public
convenience and necessity or amend-
ments thereof, shall meet the require-
ments 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 con-
secutively 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 author-

ization granted by exemption pending dis-

position 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) [ER-

146, 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 origi-

nal application. All amendments to

applications shall be consecutively num-

bered and shall comply with the require-

ments of this part as to form, number
of copies, verification, and other essen-
tial respects.

§ 201.3 Incorporation by reference.

In general it is desirable that incor-

poration 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 sub-

stantially reduce the cost to the appli-

cant.

[blocks in formation]

nificant 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 re-
quests for authority to engage in air
transportation to or from any point out-
side the continental United States shall
not be included in the same application.
Similarly, requests for authority to en-
gage in scheduled air transportation
and requests for authority to en-
gage in nonscheduled air transportation
shall not be included in the same appli-
cation.

(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 neces-

sary or appropriate in order to acquaint

the Board fully with the particular cir-

cumstances of its case. Among other

things, every such application shall con-

tain 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 con-

tain 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 indi-

cate the nature and result of its investi-

gations 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 identifica-
tion of each route shall name every ter-
minal and intermediate point to be in-
cluded in the certificate for which ap-
plication 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 approxi-
mate mileages between all adjacent
points, and the principal over-all dis-
tances.

(5) A statement as to the type of air-
craft 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 cer-
tificate of public convenience and neces-
sity authorizing air transportation, the
name and type of business of any affili-
ate, 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 cer-

tificate of public convenience and neces-

sity authorizing air transportation, a

statement as to whether or not applicant

is currently engaged in air transporta-

tion pursuant to the authority granted

by Part 291 of this chapter.

(8) If the application shows, pursu-

ant to subparagraph (7) of this para-

graph that the applicant is currently

engaged in air transportation pursuant

to the authority granted by Part 291 of

this subchapter, a statement that all re-

ports due under said part from the appli-

cant have been filed with the Board and

the date or dates thereof. No proceed-

ings other than those necessary for

amendment or dismissal shall be had on

any application which fails to comply

with this subparagraph or discloses fail-

ure by the applicant to file such a re-

quired report while default in filing such

report continues.

[blocks in formation]
« PreviousContinue »