Page images
PDF
EPUB

engage in foreign air transportation to a point in such area in its approved service plan, such holder shall make written application to the Board for approval thereof. Such application shall be conspicuously entitled Application for Change in Approved Service Plan-Foreign Air Transportation, shall clearly describe such point, its location, the segment of the approved service plan to which such point is to be added or from which it is to be removed, and shall set forth the facts relied upon to establish that the proposed change in the approved service plan is in the public interest. At the time such application is filed with the Board, a copy thereof shall be served by the holder upon such persons as the Board may require. After the filing of such application the holder may submit to the Board additional information in support of such application and shall file and serve copies of such additional information in the manner required in the case of such application. The Board will grant such application if it finds that such proposed change in the approved service plan is not inconsistent with the public interest.

(ER-146, 14 F.R. 3526, June 29, 1949]

§ 203.3 Nonstop service.

The holder of a certificate may, subject to the provisions of section 405(b) of the Act, inaugurate scheduled nonstop service between any two points not consecutively named in its certificate or approved service plan (if such certificate or approved service plan authorizes service between such points and does not prohibit nonstop service between them) upon the effective date of a schedule page, showing nonstop service, filed with the Board in accordance with Part 231 of this chapter.

(Sec. 402, 72 Stat. 757; 49 U.S.C. 1372) [ER573, 34 F.R. 6771, Apr. 23, 1969]

§ 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) [Reserved]

(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 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.

(Sec. 402, 72 Stat. 757, 49 U.S.C. 1372) [ER573, 34 F.R. 6771, Apr. 23, 1969]

§ 203.5 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 paragraph (b) of this section and §§ 203.7 and 203.8. 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 con

spicuously 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 30day 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 the Airport Notice is set forth as Appendix A to this part. The use of such airport may be inaugurated 30 days after the filing of such notice, unless the Board notifies the holder within said 30day 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 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 flights.

(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

[blocks in formation]

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 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) Automatic revocation. (1) Where a certificate holder has been authorized to serve a point located in the United States regularly through two or more airports, failure to provide regularly scheduled air transportation through one of those airports for 60 days shall automatically revoke any authorization to regularly use that airport. Regular service through the airport may be resumed only upon compliance with and pursuant to the procedures set forth in paragraph (a) of this section: Provided, however, That the following shall not be included in the 60-day period: (1) Nonuse of an airport for any period in which regularly scheduled service is offered through the airport on a flag-stop basis; and (ii) periods during which a carrier has failed to regularly use an airport as a result of any of the conditions listed in § 205.8(a) of this chapter.

(2) A carrier's suspension of service to a point located in the United States for 1 year, pursuant to a provision in its. certificate or pursuant to Board order or exemption, shall revoke any authorization to use an airport to serve that point. Regular service through the airport may be resumed only upon compliance with and pursuant to the procedures set forth in paragraph (a) of this section.

(3) Within 30 days after the day a carrier's airport authorization is automatically revoked by the terms of this section, the carrier shall file with the Board a notice conspicuously entitled Termination of Service Notice, setting forth, as a minimum amount of informa-

tion, the name of the airport and date of cessation of regular service. A recommended format of the Termination of Service Notice is set forth as Appendix B to this part.

(d) Obligation to use foreign airport. 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-534, 33 F.R. 6240, Apr. 24, 1968] § 203.6 Compliance.

It shall be a condition upon the holding of a certificate that any intentional contravention in fact by the holder of the terms of Title IV of the act or of the orders, rules, or regulations 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, Airport Notice-Foreign Air Transportation, Notice of Additional Stop Required by Foreign Country, Notice of Terminal Change Required by Foreign Country, or application for permission to use an airport, 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 Deputy Assistant Postmaster General for Logistics, Bureau of Operations, if the holder's certificate authorizes the transportation of mail;

(b) The Secretary of State, marked for the attention of Director, Office of Aviation, Bureau of Economic Affairs;

(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 or application for permission to use an airport, each scheduled air carrier which regularly renders service to or from the point intended to be served through the proposed airport; and also the Federal Aviation Administration, marked for the attention of the Director of Airport Services;

(e) [Reserved]

(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.

(Sec. 402, 72 Stat. 757, 49 U.S.C. 1372) [ER-146, 14 F.R. 8527, June 29, 1949, as amended by ER-534, 33 F.R. 6240, Apr. 24, 1968; ER-573, 34 F.R. 6772, Apr. 23, 1969; ER-612, 35 F.R. 7110, May 6, 1970]

§ 203.8 Filing and service of documents; procedures thereon; petitions for reconsideration.

(a) Number of copies and certificate of service. An original and three copies of each Approved Service Plan-Foreign Air Transportation, Notice of Additional Stop Required by Foreign Country, Notice of Terminal Change Required by Foreign Country, and Airport Notice-Foreign Air Transportation, and an original and 19 copies of each application shall be filed with the Board each setting forth the names and addresses of the persons required to be served and stating that service has been made on all such persons by personal service or by registered or certified mail, and the date of such service. In the case of service by mail, the date of mailing shall be considered the date of service. Each copy of a notice or application served pursuant to this part shall state that such service is made pursuant to this part.

(b) Pleadings by interested persons. Any interested person may file and serve upon the air carrier, and those persons required by § 203.7 to be served with an airport notice or application for permission to use an airport, a memorandum in opposition to, or in support of, such notice or application within 15 days of the filing of the notice or within 20 days of the filing of the application. Such memoranda shall set forth in detail the reasons for the position taken therein, with a statement of economic data and other matters which it is desired that the Board shall officially notice. An executed original and three copies in the case of notices, and 19 copies in the case of applications, shall be filed with the Docket Section of the Board. In the case of airport notices, such memoranda shall be marked for the attention of the Director, Bureau of Operating Rights. Unless ordered by the Board, upon application or upon its own motion, further pleadings will not be entertained.

(c) Petitions for reconsideration. A petition for reconsideration of the Board's determination on an application for permission to use an airport may be filed by any interested person within 10 days after the date thereof. Except for the date of filing, such petitions shall conform to Rule 37 of the rules of practice (§ 302.37 of this chapter). Any interested person may file an answer in opposition to, or in support of, the peti

tion within 10 days after it is filed. An executed original and 19 copies of such petition for reconsideration or memorandum shall be filed with the Docket Section, and copies thereof shall be served upon the relevant persons described in § 203.7. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained. (Sec. 402, 72 Stat. 757; 49 U.S.C. 1372) [ER534, 33 F.R. 6241, Apr. 24, 1968 as amended by ER-573, 34 F.R. 6772, Apr. 23, 1969]

§ 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]

APPENDIX A

RECOMMENDED AIRPORT NOTICE-FOREIGN AIR

TRANSPORTATION

Date

To: Director, Bureau of Operating Rights, Civil Aeronautics Board, Washington, D.C. 20428.

Re: Airport Notice filed pursuant to Part 203 of Economic Regulations.

DEAR SIR: Transmitted herewith are an original and three copies of this notice to advise that (air carrier) intends to inaugurate service to the following points through the following airports:

Point

Airport

Service to be inaugurated on or after

Give exact longitude and latitude of the airport to be served (applicable only if airport is not already being used by an air carrier pursuant to this part).

Indicate whether waiver of 30-day provision is requested

NOTICE: The regulations of the Civil Aeronautics Board provide that memoranda in support of or in opposition to this airport. notice may be filed with the addressee above within 15 days of the date of filing hereof. Such memoranda shall be served on the applicant carrier and the persons on whom this notice has been served.

(Signature)

(Title)

CERTIFICATE OF SERVICE

I hereby certify that I have this day served (state manner of service) copies of this airport notice on the Postmaster General, marked for the attention of the Deputy Assistant Postmaster General for Logistics, Bureau of Operations (if the holder's certificate authorizes the transportation of mail); the Secretary of State, marked for the attention of Director, Office of Aviation, Bureau of Economic Affairs; the Federal Aviation Administration, for the attention of the Director, Airport Services; and the following scheduled air carriers: (name and address).

[blocks in formation]

Sec. 205.4

205.5

205.6

205.7 205.8

205.9

205.10 205.11

Answers by interested persons and replies thereto.

Service.

Disposition.

Petition for reconsideration. Automatic suspension authority for involuntary postponement of inauguration or involuntary interruption of service.

Re-examination of suspension au-
thority.

Effect of failure to provide service.
Institution of service after suspen-

sion or postponement of inaugura-
tion: notice to the Board.

205.12 Strikes; report to be filed.

AUTHORITY: The provisions of this Part 205 issued under sec. 204, sec 401, 72 Stat. 743, 754; 49 U.S.C. 1324, 1371.

SOURCE: The provisions of this Part 205 contained in ER-349, 27 F.R. 733, Jan. 25, 1962, unless otherwise noted.

§ 205.1 Applicability.

(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 service.

(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.

« PreviousContinue »