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granted by each certificate (other than a certificate for supplemental air transportation) authorizing an air carrier to engage in interstate or overseas air transportation pursuant to section 401 of the act such terms, conditions, and Umitations as are set forth in this part, and as may from time to time be prescribed by the Board. (ER-146, 14 FR. 3525. Juno 29, 1949, as amended by ER-345, 27 FR. 659, Jan. 19, 1962] 8 202.2 Nonstop authorization.

Subject to the provisions of section 405(b) of the act, the holder of a certificate may inaugurate scheduled nonstop service between any two points not consecutively named in its certificate (if Buch certificate authorizes service between such points and does not prohibit nonstop service between them) upon the effective date of a schedule page, showing such nonstop service, filled with the Board in accordance with Part 231 of this subchapter. (ER-146, 14 FR. 3525, June 29, 1949, as amended by ER-345, 27 FR. 559, Jan. 19, 1962) 8 202.3 Airport authorization.

(a) Airport notice. An airport notice 18 required to be filed with the Board

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 & 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 paragraphs (b) and (c) of this section and $ 202.5. Airport notices and applications for permission to use an airport are not required of Alaskan air carriers, holders of certificates authorizing use of rotary wing aircraft only, and holders of certificates limited to community center service and interairport service. 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 conspicuously 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 & waiver of the 30-day 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 Airport Notice is set forth below as Appendix A. The use of such airport may be inaugurated 30 days after the filing of such notice, unless the Board notifies the holder within said 30-day 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 § 202.3(a) may adversely affect the public interest, the air carrier may file an application for permission to use such airport. An application filed pursuant to either subparagraph (1) or (2) of this section shall be conspicuously entitled “Application for Permission to Use the

Airport for Serving

" and 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 shall contain 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) Service of application. A copy of each airport notice or application for permission to use an airport shall be served upon such persons as the Board may designate in a particular case, and shall be served upon the following persons in all cases:

(1) The Postmaster General, marked for the attention of the Deputy Assistant Postmaster General for Logistics, Bureau of Operations;

(2) Each scheduled air carrier which regularly renders service to or from the point intended to be served through either the currently used or proposed airport and the airport managers of said airports;

(3) The chief executives of the city (or other political subdivision) and of the State, in which are located the currently used airport, the proposed airport, and the point to be served, respectively. (LL there be a state commission or agency having jurisdiction of transportation by air, notice shall be served on such commission or agency rather than on the chief executive of the State.)

(4) The Federal Aviation Administration, marked for attention of the Director of Airport Services.

(d) Automatic revocation. (1) Where a certificate holder has been authorized to serve a point 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 g 205.8(a) of this chapter.

(2) The suspension of service to a point by a carrier 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. 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 information, 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. (ER-345, 27 F.R. 559, Jan. 19, 1962, 88 amended by ER-393, 28 F.R. 9287, Aug. 23, 1963; ER-505, 32 F.R. 13184, Sept. 16, 1967; ER-533, 33 F.R. 6238, Apr. 24, 1968; ER-611, 35 F.R. 7109, May 6, 1970] § 202.4

Service pattern change. (a) Applicability. This section shall be applicable only to certificates which contain a condition requiring that each trip operated by the older of the certificate between points named in the route or a segment thereof shall (subject to exceptions set forth in such certificate) serve each terminal and intermediate point.

(b) Application for change in service pattern. If at any time the holder of such a certificate desires to establish a service pattern omitting one or more of the points served or required to be served pursuant to such condition of the certificate, the holder shall make written application to the Board for approval thereof. Such application shall be conspicuously entitled Application for Change in Service Pattern, and shall set forth the facts relied upon to establish that the proposed service pattern is in the public interest and consistent with the holder's performance of a local air trans

portation service. Such application shall contain a statement of matters which the applicant desires the Board to officially notice, and a detailed analysis of the anticipated effect of such authorization on the operating results of the holder, including, but not limited to, the following economic and operating data on an annual basis:

(1) Present and proposed schedules, by type of aircraft;

(2) Number of departures, planemiles, passengers and passenger-miles;

(3) Estimate of self-diversion or diversion from other carriers, if applicable;

(4) Anticipated operating revenues;

(5) Estimate of impact of proposal on operating expenses, computed according to Subpart K of Part 302 of this chapter;

(6) Estimate of allowance for return on investment and taxes, computed according to Subpart K of Part 302 of this chapter; and

(7) Increase or decrease in subsidy requirements. The application shall also contain 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. The Board will grant such application to such extent, for such periods of time, and subject to such conditions as the Board deems proper and adequate, if it finds that such conditions and the proposed service pattern are in the public interest and consistent with the holder's performance of a local air transportation service.

(8) Increase or decrease in subsidy payments under the applicable class rate formula.

(c) Service of application. A copy of each Application for Change in Seryice Pattern shall be served upon such persons as the Board may designate in a particular case, and shall be served upon the following persons in all cases:

(1) The Postmaster General, marked for the attention of the Deputy Assistant Postmaster General for Logistics, Bureau of Operations;

(2) Each scheduled air carrier which regularly renders service to or from any point named on the route segment the service pattern of which the holder proposes to change;

(3) The chief executives of each point on such route segment and of each State in which are situated the points on such route segment. (If there be a State com. mission or agency having jurisdiction of

transportation by air, notice shall be served on such commission or agency rather than the chief executive of the State.) (ER-146, 14 F.R. 9525, June 29, 1949, as amended by ER-547, 33 F.R. 18010, Dec. 4, 1968; ER-611, 35 F.R. 7109, May 6, 1970) § 202.5 Filing and service of documents;

procedure thereon; petitions for re

consideration. (a) Number of copies and certificate of service. An original and three copies of each Airport Notice and Termination of Service Notice and an original and nineteen copies of each Application for Change in Service Pattern and application for permission to use an airport 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 seryice 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 $$ 202.3 and 202.4 to be served with the airport notice or application for permission to use an airport or for change in service pattern, a memorandum in opposition to, or in support of, such notice or application within 15 days of the filing of airport notices and within 20 days of the filing of an application for permission to use an airport or change of service pattern. Such memoranda shall set forth in detail the reasons for the position therein taken, 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 airport notices, 19 copies in the case of applications for permission to use an airport or change of service pattern, 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 or change in service pattern may be filled by any interested persons within ten days after the date thereof. Except for the date of filing, such petitions shall conform to the provisions of section 37 of Part 302 of the Procedural Regulations. Any interested person may file a memo randum in opposition to, or in support of the petition within ten days after it is filed. An executed original and nineteen copies of such petition for reconsideration or memorandum shall be filed with the Docket Section, and copies thereof shall be served upon the persons described in $ $ 202.3(c) or 202.4(c), as the case may be. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained. (ER-345, 27 F.R. 560, Jan. 19, 1962, as amended by ER-533, 33 F.R. 6239, Apr. 24, 1968] & 202.6 Provisions as to scheduled stops.

(a) With respect to a flight carrying any passengers in addition to the crew members, a scheduled stop at point within the continental United States shall not be scheduled to exceed 45 minutes on any fight if the origination or termination of such flight at such point is prohibited by any restriction in the certificate.

(b) With respect to a flight carrying only property or mail in addition to the crew members, a scheduled stop at a point within the continental United States shall not be scheduled to exceed 2 hours on any flight if the origination or termination of such flight at such point is prohibited by any restriction in the certificate.

(c) A certificate containing a condition or restriction which has the effect of permitting the origination of a flight only at a certain point or points shall not be deemed to permit an increase in passenger or property-carrying capacity (by change of gauge, substitution of equipment, addition of extra sections, or otherwise) on any such flight at any point other than a point at which the origination of such flight is authorized. A certificate containing & condition or restriction which has the effect of permitting the termination of a flight only at a certain point or points shall not be deemed to permit a decrease in passenger or property-carrying capacity on any such flight at any point other than a point at which the termination of such flight is authorized. With respect to a

particular flight, a point shall not be deemed to be beyond another specified point within the meaning of such condition or restriction unless the holder serves such other specified point on such flight or omits service thereto pursuant to regulation or other specific authorization (such as authority render nonstop service, or to suspend service to such point) of the Board. (ER-146, 14 F.R. 3525; June 29, 1949, as amended by ER-345, 27 F.R. 660, Jan. 19, 1962) & 202.7 Failure to comply.

It shall be a condition upon the holding of the certificate that any intentional contravention in fact by the holder of the provisions 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(g) of the act. (ER-146, 14 FR. 3526, June 29, 1949, as amended by ER-345, 27 F.R. 560, Jan. 19, 19621 § 202.8 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 interstate or overseas 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). (Sec. 411, 72 Stat. 769; 49 U.S.C. 1381) (ER387, 28 F.R. 9200, Aug. 21, 1963)

APPENDIX A
RECOMMENDED AIRPORT NOTICE FORM

Date
To: Director, Bureau of Operating Rights,

Civil Aeronautics Board, Washington,

D.C. 20428. Re: Airport Notice filed pursuant to Part 202

of Economic Regulations. DEAR SIR: Transmitted herewith are an original and three copies of this notice to

[blocks in formation]

on

advise that

(air carrier) intends Point to inaugurate service to the following points Airport through the following airports: Point

(Signature) Airport Service to be inaugurated on or after--

(Title) Give exact longitude and latitude of the air

(ER-533, 33 F.R. 6239, Apr. 24, 1968] port to be served (applicable only if airport is not already being used by an air NOTE: The reporting requirements concarrier pursuant to this part).

tained herein have been approved by the Indicate whether waiver of 30-day provision

Bureau of the Budget in accordance with the is requested.---

Federal Reports Act of 1942. NOTICE: The regulations of the Civil Aeronautics Board provide that memoranda in

PART 203-TERMS, CONDITIONS support of or in opposition to this airport AND LIMITATIONS OF CERTIFInotice may be filed with the addressee above

CATES OF PUBLIC CONVENIENCE within 15 days of the date of filing hereof. Such memoranda shall be served on the ap AND NECESSITY; FOREIGN AIR plicant carrier and the persons on whom this TRANSPORTATION notice has been served.

Sec. (Signature)

203.1 General.

203.2 Change in approved service plan. (Title)

203.3 Nonstop service.

203.4 Requirements of foreign countries. CERTIFICATE OF SERVICE

203.5 Airport authorization, I hereby certify that I have this day served 203.6 Compliance. (state manner of service) copies of this air 203.7 Persons upon whom notice must be port notice

served. the Postmaster General, marked for the attention of the Deputy

203.8 Filing and service of documents; proAssistant Postmaster General for Logistics,

cedures thereon; petitions for reBureau of Operations; the Federal Aviation

consideration. Administration, for the attention of the Di

203.9 Name of air carrier. rector, Airport Services; the Mayor or Chief Appendix A. Executive of the cities of

Appendix B. (address), and the Governor of the

AUTHORITY: The provisions of this part 203 State of

(address), (or the

issued under secs. 204, 401, 72 Stat. 743, 754; State Commission or agency having juris

49 U.S.C. 1324, 1371. diction of transportation by air within the State of

(address)); the fol 203.1 General. lowing scheduled air carriers

Unless the order authorizing the issu(name and address); and the

ance of a particular certificate shall airport managers of the following airports:

(airport name and

otherwise provide, there shall be attached address).

to the exercise of the privileges granted

by each certificate of public convenience (Signature)

and necessity authorizing an air carrier

to engage in foreign air transportation (Title)

issued pursuant to section 401 of the (ER-533, 33 F.R. 6239, Apr. 24, 1968, as Federal Aviation Act of 1958, as amended, amended by ER-611, 35 F.R. 7109, May 6, the terms, conditions, and limitations 1970)

set forth in this part and such other APPENDIX B

terms, conditions, and limitations as RECOMMENDED TERMINATION OF SERVICE NOTICE

may from time to time be prescribed by

the Board and approved by the President Date

of the United States. To: Director, Bureau of Operating Rights, Civil Aeronautics Board, Washington,

(ER-534, 33 F.R. 6240, Apr. 24, 1968] D.C. 20428.

§ 203.2 Change in approved service Re: Termination of Service Notice filed

plan. pursuant to Part 202 of Economic Regulations.

If the holder of a certificate authorDEAR SIR: Transmitted herewith are an

izing it to engage in foreign air transoriginal and three copies of this notice to ad

portation to a general area desires, as vise that

(air car

part of its approved service plan, to enrier) will cease to provide regular service on

gage in foreign air transportation to a (date) to the following points point in such area not then included in through the following airports:

its approved service plan, or to cease to

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