the Board in connection with a prior application need not be filed again.

(d) Issuance of permit. If upon examination of the application, all supporting documents, and other information available to it, the Board is of the opinion that the application is in order and that the proposed operation either by itself or in conjunction with other operations of the operator to or from the United States is in the interest of the public and does not disclose any apparent violation of section 402 of the Act, or any other applicable provision of law, it will issue a permit for a period not in excess of 90 days to the applicant authorizing the conduct of the flights set forth in the application: Provided, that the maximum number of flights or volume of cargo that will be authorized pursuant to each contract for continuing cargo operations will not exceed the minimum specified therein by more than 20 percent, if the contract specifies a minimum and a maximum. [SPR-4, 25 F.R. 2790, Apr. 2, 1960, as amended, SPR-11, 29 F.R. 8002, June 24, 1964]

§ 375.43

Keeping of records on commercial transport operations.

(a) The holder of a permit issued under § 375.42 shall issue a manifest or shipping document with respect to each shipment which should contain, but need not be limited to, the following information:

(1) Name of the contractor for whom the shipment is transported.

(2) Name and address of payer of transportation charges.

(3) Name and address of vendor of goods.

(4) Name and address of consignor of goods.

(5) Name and address of consignor's agent, if any.

(6) Names and addresses of intermediate and ultimate consignees.

(7) Number of packages in shipment and total weight of same.

(8) Description of commodities. (9) Point of air origin and air destination of shipment on line of carrier.

(10) Date of airwaybill preparation. (11) Name of employee or agent preparing airwaybill.

(12) Date shipment is transported by carrier.

(13) Breakdown of charges including weight-rate charges, pick-up and delivery, excess valuation, advance charges and any accessorial charges.

(b) Each holder of a permit issued under § 375.42 shall keep, for a period of two years, true copies of all manifests, airwaybills, invoices and other traffic documents covering flights originating or terminating in the United States, and the holder of a permit authorizing 10 or more flights originating in the United States in a 90-day period shall maintain a place in the United States where such documents may be inspected at any proper time by authorized representatives of the Board or the Federal Aviation Agency. Records of flights terminating in the United States and flights conducted pursuant to a permit authorizing less than 10 flights in any 90-day period need not be maintained in the United States but shall be made available to the Board upon demand.

(c) Records documenting each particular flight, demonstrating compliance with the requirements imposed by this part, shall be preserved for a period of two years and shall be made available to the Board or the Federal Aviation Agency upon demand.

§ 375.44

Reports on commercial transport operations.

(a) Reports on cargo flights. (1) Holders of permits issued under § 375.42 shall submit to the Board reports of cargo flights actually conducted pursuant thereto on CAB Form 321 or, if no flights were conducted under the permit, a letter so stating. The initial report shall be submitted not later than the 30th day following commencement of operations and shall report on all flights conducted during such period. Like reports shall be filed for each succeeding 30-day period. Failure to submit a report on time shall constitute grounds for revocation, refusal to renew the permit, or denial of the issuance of a new permit.

(2) Separate reports shall be submitted for flights inbound to and outbound from the United States. The report shall state the dates of flights; origination, destination and intermediate points; number and weight of total shipments transported for each contractor, of shipments for contractor's own use or consumption, of shipments for contractor's inventory for later resale, and of shipments for ultimate con

2 Available upon request from the Publications Section of the Civil Aeronautics Board, Washington 25, D.C.

signees; the number of such consignees; and any deviation from the statements made in the application: Provided, That such deviations shall not be deemed authorized merely because they are so reported. Copies of any newspaper or other advertising of the flights since the filing of the application shall be attached.

(b) Reports on passenger flights. Holders of permits issued under § 375.42 shall submit to the Board letter reports of passenger flights conducted pursuant thereto or a letter stating that no operations were conducted. The letter shall identify the flights and note any deviations from the statements made in the application: Provided, That such deviations shall not be deemed authorized merely because they are so reported. Copies of any newspaper or other advertising of the flights since the filing of the application shall be attached. § 375.45

Transit flights; scheduled international air service operations. An operator of foreign civil aircraft desiring to conduct a scheduled international air service in transit across the United States pursuant to the International Air Services Transit Agreement shall, before commencing operations, obtain the approval of the Administrator for the route or routes proposed to be 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.

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.

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 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 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 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 proposal 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 F.R. 3376, Apr. 10, 1962]

Subpart B-Renewal Applications and Procedure Thereon

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

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
Definitions.

§ 377.1

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.

tions 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 8 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.

§ 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