Page images

tractor, of shipments for contractor's violation of section 501 of the Act, and own use or consumption, of shipments may, in addition, constitute a violation for contractor's inventory for later re of the Civil Air Regulations. Such opersale, and of shipments for ultimate con ation makes the person or persons resignees; the number of such consignees; sponsible for the violation or violations and any deviation from the statements subject to a civil penalty as provided in made in the application: Provided, That section 901 of the Act, and to the altersuch deviations shall not be deemed au ation, amendment, modification, suspenthorized merely because they are so re sion or revocation of any permit issued ported. Copies of any newspaper or under this part and of any United States other advertising of the fiights since the certificate involved as provided in secfiling of the application shall be at tion 609 of the Act. Engaging in air tached.

transportation as defined in the afore(b) Reports on passenger flights. said Act by a foreign aircraft without Holders of permits issued under $ 375.42 a foreign air carrier permit issued purshall submit to the Board letter reports suant to section 402 of the Act or in of passenger flights conducted pursuant violation of the terms of such a permit thereto or a letter stating that no opera constitutes not only a violation of this tions were conducted. The letter shall regulation but of Title IV of the Act as identify the flights and note any devia well, which entails a criminal penalty as tions from the statements made in the set forth in section 902 of the Act. application: Provided, That such deviations shall not be deemed authorized

Subpart G—Special Authorization merely because they are so reported. $ 375.70 Special authorization. Copies of any newspaper or other advertising of the flights since the filing of

Any person desiring to navigate a the application shall be attached.

foreign civil aircraft within the United

States otherwise than as specifically $ 375.45 Transit flights; scheduled in

provided in this part may petition the ternational air service operations.

Board for authorization authorizing the An operator of foreign civil aircraft

particular flight or series of flights. desiring to conduct a scheduled inter

Such authorization may be issued only national air service in transit across the

if the Board finds that the proposed opUnited States pursuant to the Inter

eration is fully consistent with the apnational Air Services Transit Agreement

plicable law and is in the interest of the shall, before commencing operations, obtain the approval of the Administrator

public of the United States. for the route or routes proposed to be

(SPR-4.25 F.R. 2790, Apr. 2, 1960, as amended followed and thereafter shall conduct

by SPR-6, 26 FR. 834, Jan. 27, 1961) such operations in accordance with the NOTE: The reporting and record-keeping provisions of that approval. Stopovers requirements of this part have been approved for the convenience or pleasure of the by the Bureau of the Budget in accordance passengers are not authorized under with the Federal Reports Act of 1942. this section, and stops other than for strictly operational reasons shall not be

PART 376_AMENDMENT OF FLIGHT made. Operators of aircraft registered

PATTERNS OF HELICOPTER OPin countries not parties to the Inter

ERATORS national Air Services Transit Agreement shall make special application to the

Sec. Board under $ 375.70. The consolidation

376.1 Definitions.

876.2 on the same aircraft of an operation

Applicability. under this section with a service author

Subpart A-Applications ized under section 402 of the Act is not

876.8 General requirements as to form. authorized by this section.

376.4 Filing and service.

376.5 Subpart F-Penalties

General provisions regarding con

tents. & 375.60 Penalties.

376.6 Incorporation by reference. The operation of a foreign aircraft

Subpart B Authorization within the United States in violation of 376.10 Operations pursuant to proposed the provisions of this part constitutes a

amended fight patterns.

878.11 Temporary suspension or modifica

tion of ilight pattern in compliance with regulation or order of

Administrator. 376.12 Board authority over Alght 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 FR. 10005, Oct. 20. 1960, unless 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 mau. $ 376.2 Applicability.

This part shall be applicable to operations by certificated belicopter 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 fight 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 Deputy Assistant Postmaster General for Logistics, Bureau of Operations. 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-38, 35 F.R. 7111, May 6, 1970) 8 376.5 General provisions regarding


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 necessary 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 Allght pattern re. vision is proposed to become effective;

(b) An indication whether the service requested in the flight pattern amendment is (1) passenger, (2) mall 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 afixed 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, es amended by SPR-8, 27 F.R. 8376, Apr. 10, 1962) 8 376.6 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 pro

posed amended flight patterns. Except as provided in 8 376.11, a certificated helicopter carrier may conduct operations pursuant to an amended flight pattern filed with the Board in accord

ance 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 fight pattern becomes effective without Board action, the docket relating thereto shall be deemed closed. (SPR-8, 27 F.R. 3976, Apr. 10, 1962) 8 376.11 Temporary suspension or modi.

fication 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 carriage of passengers will be withdrawn or modified on the Board's own initiative until the carrier and the persons named in 376.4 have been notified of the pro

posal and have been allowed 20 days within which to file with the Board and serve upon the carrier statements of their positions concerning such proposed action. (SPR-8, 27 FR. 3376, Apr. 10, 1962)



Subpart A-General Provisions Sec. 377.1 Definitions. 377.2 Applicability of part. 377.3 Authorizations not licenses with

reference to an activity of a con

tinuing nature. 377.4 Procedure to obtain Board interpre

tation. 877.5 Effective date. Subpart B-Renewal Applications and Procedure

Thereon 977.10 Requirements for, and effect of, re

newal applications. 377.11 Processing of defective renewal ap

plications. AUTHORITY: The provisions of this part 377 issued under secs. 204, 1001, 72 Stat. 743; sec8. 9, 12, 60 Stat. 242; 49 U.S.C. 1324, 1481; 5 U.S.C. 1008, 1011, unless otherwise noted.

SOURCE: The provisions of this Part 377 contained in SPR-7, 26 F.R. 11288, Nov. 30, 1961, unless 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 conting.

ing 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 renewal application shall be effective to extend such authorization.

1 "In any case in which the licensee has, in accordance with agency rules, made timely and suficient application for a renewal or 8 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."

§ 377.4 Procedure to obtain Board in.

terpretation. 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 suficient 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 8 377.10 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 re

quirements thereof as to form. The new authorization sought need not be of the same duration as the expiring authorization. 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 & 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 Aled 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 $8 302.909 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 ref. erence 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

« PreviousContinue »