Code of Federal Regulations: Containing a Codification of Documents of ...

approval by the President of the United States within 10 days after adoption, notifying the carrier that such operations, or any part of them, may be contrary to applicable law or may adversely affect the public interest. If the notification pertains to a proposed schedule, service under such schedule shall not be inaugurated; if the notification pertains to existing schedules, service under such schedules shall be discontinued on the date specified in the Board's order. Such date shall be not less than ten days after issuance of the Board's order unless affirmative Presidential approval is obtained at an earlier date.

(e) No petitions for reconsideration may be filed with respect to Board orders issued pursuant to paragraph (b), (c), or (d) of this section. Nevertheless, if the Board serves a notification under paragraph (d) of this section, the carrier may make application to the Board for approval of any or all existing or proposed schedules, pursuant to the provisions of § 213.5. The Board may with or without hearing withdraw, in whole or in part, its notification at any time and may permit existing or proposed schedules to be operated for such period or periods as the Board may determine.

(f) The date of service on a foreign air carrier of orders and notifications pursuant to this section shall be the date of mailing thereof, by certified or registered mail, to the agent designated by the foreign air carrier pursuant to section 1005(b) of the Act or, if the foreign air carrier has failed to designate an agent, the date of mailing by registered air mail to the foreign air carrier's home office.

[ER-624, 35 FR 8881, June 9, 1970, as amended by ER-870, 39 FR 30843, Aug. 26, 1974; ER-1107, 44 FR 11206, Feb. 28, 1979]

§ 213.4 Airport authorization.

(a) Airport notice. An airport notice is required to be filed with the Board if the holder of a permit desires to serve regularly a point in the United States, its territories or possessions named in such permit, through an airport not then regularly used or authorized to be used by the holder to serve such point. Such application shall conform in all respects to the

procedure set forth in paragraphs (b) and (c) of this section and § 213.5. When an airport notice is required hereunder, the permit 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-Foreign Air Transportation"; 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 Part 202 of this chapter or a foreign 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 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 the airport notice is set forth in 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 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 a foreign 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 carrier at one of the two airports. This prohibition does not apply to the carriage between airports

of through traffic which the foreign air carrier performing the interairport service receives from, or transfers to, one of its own flights.

(b) Application for permission to use an airport. Following notification by the Board that the use of an airport proposed in an airport notice filed pursuant to paragraph (a) of this section may adversely affect the public interest, the foreign air carrier may file an application for permission to use such airport. An application filed pursuant to this paragraph 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.

(b-1) Automatic revocation. (1) Where a permit holder has been authorized to serve a point located in the United States regularly through two or more airports, failure to provide regularly scheduled foreign 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: (i) 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 permit or pursuant to Board order, 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 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 in Appendix B to this part.

(c) Persons to be served. A copy of each airport notice, application for permission to use an airport, or termination of service notice, filed with the Board pursuant to this part by a permit holder, 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 attention of the Director, Logistics Department, if the holder's permit authorizes the transportation of mail;

(2) The Secretary of State, marked for attention of Director, Office of Aviation;

(3) The Secretary of the Treasury, marked for attention of Commissioner of Customs, Bureau of Customs;

(4) Each scheduled foreign air carrier or scheduled air carrier which regularly renders service to or from the point intended to be served through the proposed airport;

(5) The Federal Aviation Administration, marked for attention of Director of Airport Services;

(6) The chief executive of any State, territory, or possession of the United States in which is located any point with respect to which an application or notice pursuant to this part has been filed: Provided, however, That if there be a State commission or agency having jurisdiction over transportation by air, the application or notice shall be served on such commission or agency rather than on the chief executive of the State;

(7) The chief executive of the city, town, or other unit of local govern

ment at any such point located in the United States; and

(8) The Board, commission, manager, or other body or individual having direct supervision over and responsibility for the management of the airport being used to serve each such point.

[ER-644, 35 FR 14382, Sept. 12, 1970, as amended by ER-668, 36 FR 2780, Feb. 10, 1971; ER-886, 39 FR 40259, Nov. 15, 1974]

§ 213.5 Filing of schedules and applications for approval of schedules; filing and service of airport notices and applications for permission to use an airport; procedure thereon.

(a) Number of copies and certificate of service. An original and three copies of each airport notice or each schedule, and an original and 19 copies of each application for permission to use an airport (§ 213.4(b)) or application for approval of schedules (§ 213.3(e)) shall be filed with the Board, each setting forth the names and addresses of the persons, if any, required to be served, and stating that service has been made on all such persons by personal service or by registered or certified mail (if the addressee is located within the United States, its territories and possessions) or by registered air mail (if the addressee is located outside the United States, its territories and possessions) 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 an airport notice or application for permission to use an airport 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 foreign air carrier a memorandum in opposition to, or in support of, schedules, airport notice or application for permission to use an airport or for approval of schedules within 15 days of the filing of the airport notice, within 20 days of the filing of the application for permission to use an airport, or within 10 days of the filing of schedules or applications for approval of schedules. In the case of an airport notice or application for permission to use an airport, memo

randa in support of or in opposition thereto shall also be served on the persons described in § 213.4(c). All 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, and affidavits stating such other facts as are relied upon. Memoranda filed pursuant to this paragraph shall contain a certificate of service in the form prescribed by paragraph (a) of this section. An executed original and three copies in the case of schedules or airport notices, 19 copies in the case of applications for permission to use an airport or approval of schedules, shall be filed with the Docket Section of the Board. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained.

(c) Determination and petitions for reconsideration. The Board may make its determination upon the application and other pleadings or, in its discretion, after hearing. Interested persons seeking reconsideration of the Board's determination on an application for permission to use an airport or approval of schedules may file a petition pursuant to Rule 37 of Part 302 of this chapter within 10 days of Board action. Any interested person may file an answer in opposition to, or in support of, the petition 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. Petitions for reconsideration of the Board's determination on an application for permission to use an airport and answers thereto shall be served upon the relevant persons described in § 213.4(c), the foreign air carrier, and any other persons who have filed pleadings in the proceeding. All petitions for reconsideration shall contain a certificate of service in the form prescribed by paragraph (a) of this section. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained.

[ER-624, 35 FR 8881, June 9, 1970, as amended by ER-644, 35 FR 14382, Sept. 12, 1970]

§ 213.6 Compliance.

Any violation by the foreign air carrier of applicable provisions of title IV of the Act or of orders, rules or regulations issued thereunder, or of the terms, conditions or limitations applicable to the exercise of the privileges granted by the permit shall constitute a failure to comply with the terms, conditions and limitations of such permit: Provided, That upon a showing that a violation of a provision not mandatorily prescribed by law resulted from the observance by the holder of an obligation, duty or liability imposed by a foreign country, the Board may excuse the violation.

APPENDIX A

RECOMMENDED AIRPORT NOTICE-FOREIGN AIR

TRANSPORTATION

Date

To: Director, Bureau of International Aviation, Civil Aeronautics Board, Washington, D.C. 20428

Re: Airport notice filed pursuant to Part 213 of economic regulations.

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

Airport

Service to be inaugurated on or afterGive 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 Part 202 (14 CFR Part 202) or by a foreign 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

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 Director, Logistics Department (if the holder's permit authorizes the transportation of mail); the Secretary of State, marked for the attention of Director, Office of Aviation; the Secretary of the Treasury, marked for the attention of Commissioner of Customs, Bureau of Customs; the Federal Aviation Administration for the attention of the Director, Airport Services; the Mayor or Chief Executive of the cities of (address), and the Governor of the State (address), (or the State commission or agency having jurisdiction of transportation by air within the State of (address)); the airport managers

of the following airports (airport name and address); and the following scheduled foreign air carriers and scheduled air carriers; -(name and address).

(Signature)

(Title)

(Sec. 204(a), Federal Aviation Act of 1958, as amended, 72 Stat. 743, 49 U.S.C. 1324; Reorganization Plan No. 3 of 1961, 75 Stat. 837, 26 FR 5989, 49 U.S.C. 1324 (note)) [ER-886, 39 FR 40260, Nov. 15, 1974, as amended by ER-1058, 43 FR 34117, Aug. 3, 1978]

APPENDIX B

RECOMMENDED TERMINATION OF SERVICE
NOTICE-FOREIGN AIR TRANSPORTATION

To: Director, Bureau of International Aviation, Civil Aeronautics Board, Washington, D.C. 20428

Re: Termination of Service Notice filed pursuant to Part 213 of Economic Regulations.

DEAR SIR: Transmitted herewith are an original and three copies of this notice to advise that (foreign air carrier) will cease to provide service on (date) to the following points through the following airports: Point

of the following airports (airport name and address); and the following scheduled foreign air carriers and scheduled air carriers: (name and address).