§ 201.1 Formal requirements.

Applications for certificates of public convenience and necessity, or amendments thereof, shall meet the requirements set forth in Part 302 of this chapter as to execution, number of copies, service, and formal specifications of papers. 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.

NOTE: Special requirements for application for extension of a fixed-term route authorization granted by exemption pending disposition of an application for a certificate incorporating such authorization, are set forth in § 302.909 of this chapter (Procedural Regulations). See also § 377.10(c) of this chapter (Special Regulations).

(Secs. 416(b), 72 Stat. 771; 49 U.S.C. 1386; sec. 9(b), 60 Stat. 242; 5 U.S.C. 1008)

[ER-378, 28 FR 3585, Apr. 12, 1963, as amended by ER-550, 33 FR 18434, Dec. 12, 1968]

nished in the form of an amendment to the original application. All amendments to applications shall be consecutively numbered and shall comply with the requirements of this part as to form, number of copies, and other essential respects.

[ER-550, 33 FR 18434, Dec. 12, 1968]

§ 201.3 Incorporation by reference.

In general it is desirable that incorporation by reference shall 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.

§ 201.4 General provisions concerning

contents.

(a) The statements contained in an application shall be restricted to significant and relevant facts.

(b) Requests for authority to engage in interstate air transportation shall not be included in the same application with requests for authority to engage in foreign or overseas air transportation. Similarly, requests for authority to engage in scheduled air transportation shall not be included in the same application with requests for authority to engage in nonscheduled air transportation.

(c) Each application shall give full and adequate information with respect to each of the items set forth in this paragraph. In addition, 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. Among other things, every such application shall contain the following information:

(1) The full name and address of the applicant, the nature of its organization (individual, partnership, corporation, etc.) and the name of the State under the laws, of which it is organized.

(2) A statement that the applicant is a citizen of the United States as defined by section 101(13) of the Act. It is not required that the application

shall contain all the evidence which the applicant is prepared to present at the hearing or otherwise in support of such statement, but the application shall at least indicate the nature and result of its investigations in that matter and the character of the evidence it will be prepared to present in support of citizenship.

(3) An adequate identification of each route for which a certificate is desired, specifying the type or types of service (mail, passengers, and property) to be rendered on each such route, and whether or not such services are to be rendered on scheduled operations. The identification of each route shall name every terminal and intermediate point to be included in the certificate for which application is made.

(4) A map (which may be attached as an exhibit) drawn approximately to scale showing all terminal and intermediate points to be served, giving the approximate mileages between all adjacent points, and the principal overall distances.

(5) A statement as to the type of aircraft applicant proposes to use in the new service and whether such aircraft is presently owned by the applicant.

(6) If applicant does not hold a certificate of public convenience and necessity authorizing air transportation, the name and type of business of any affiliate, subsidiary, or principal stockholder of applicant engaged in any form of transportation as a common carrier or engaged in any phase of aeronautical activity.

(d) [Reserved]

(e) Applications covered by Subpart Q of Part 302 of this chapter shall also contain the following facts and projections:

(1) For scheduled carriers only: An illustrative service proposal in the markets for which authority is sought, showing all points that the applicant seeks to serve, the type and capacity of equipment it would use, and the elapsed trip time of flights in block hours over the segments;

(2) An estimate of the gallons of fuel to be consumed in the first year of operations if the proposed service is instituted; and

(3) A statement regarding the availability of the required fuel.

(Secs. 102, 404, and 1002 (72 Stat. 740, 760, and 788 (49 U.S.C. 1302, 1374, and 1482)); National Environmental Policy Act of 1969 (Pub. L. 91-90, 42 U.S.C. 4321 et seq. and Executive Order 11514; sec. 204, 401, 402, 1001, Federal Aviation Act of 1958, as amended by Pub. L. 95-504, 72 Stat. 743, 754, 757, 788, 92 Stat. 1723, 49 U.S.C. 1324, 1371, 1372, 1481, Administrative Procedure Act, 5 U.S.C. 551 et seq.)

[ER-146, 14 FR 3524, June 29, 1949, as amended by ER-550, 33 FR 18434, Dec. 12, 1968; ER-925, 40 FR 37182, Aug. 25, 1975; ER-1114, 44 FR 24264, Apr. 25, 1979; ER1195, 45 FR 53453, Aug. 12, 1980]

§ 201.5 Operations other than between fixed points.

An application for a certificate authorizing operations other than between fixed points, or not having terminal or intermediate points capable of precise description, need comply with the provisions of § 201.4(c) (3) and (4) only to the extent that it shall clearly describe the authorization sought by the applicant.

§ 201.6 All-cargo air service carriers"grandfather" applications under section 418 of the Act.

Applications under paragraphs (a) (1) and (a) (2) of section 418 shall comply with the provisions of §§ 201.1, 201.2, 201.3 and 201.4(a) of this part. Such applications shall be accompanied by an application fee of $15 (in the form of a check, draft, or postal money order, payable to the Civil Aeronautics Board) and shall contain the following information:

(a) The full name and address of the applicant, and, if the applicant is not a natural person, the form of applicant's organization (corporation, partnership, etc.) and the State under whose laws the applicant has been organized.

(b) A statement that the applicant is a citizen of the United States as defined by section 101(13) of the Act. Unless the applicant's officers, directors, and owners are now subject to, and in compliance with, Part 245 of this subchapter, the applicant shall state the name, address, and citizenship of all its officers and directors, and of all persons owning or control

ling 5 percent of more of its voting interest.

(c) If the applicant has a valid certificate issued under section 401(d)(1) of the Act and has provided scheduled all-cargo air service at any time between January 1, 1977, and November 9, 1977, the applicant shall so state and shall furnish adequate evidence in support. The evidence shall preferably be from a document subject to official notice under § 302.24(m) of this chapter.

(d) If the applicant operates pursuant to an exemption granted by the Board under section 416 of the Act, and if the applicant or its predecessor in interest has provided scheduled allcargo air service continuously (other than for interruptions caused by labor disputes) during the 12 month period ending November 9, 1977, then the applicant shall identify (by order number, registration number, etc.) its authority, shall state that it has provided service as described above, and shall furnish adequate evidence in support. The evidence shall preferably be from a document subject to official notice under § 302.24(m) of this chapter. If any part of the service on which the application is based was provided by a predecessor in interest, the applicant shall also supply the information required by this paragraph for that predecessor in interest.

(e) The applicant shall state whether it has in effect liability insurance coverage satisfying the requirements of Subpart E of Part 298 of this subchapter (14 CFR §§ 298.41-.45) and whether it has on file with the Board a certificate or certificates of insurance as required by § 298.41(a). If the carrier does not have such a certificate on file, it shall describe all policies in force, including the names of all insurers, the liability limits, any exclusions from liability (other than exclusions permitted by § 298.44), and the termination date of each policy.

(f) Each applicant shall promptly furnish any additional information pertinent to its application that the Board or its staff may request.

[ER-1028, 42 FR 59839, Nov. 22, 1977]

PART 202-CERTIFICATES AUTHORIZING SCHEDULED ROUTE SERVICE: TERMS, CONDITIONS, AND LIMITATIONS

Sec.

202.1 Applicability.

202.2 Failure to comply.

202.11 Nonstop authorization. 202.12 Provisions as to scheduled stops-interstate and overseas air transportation. 202.13 Airport Notice; application for permission to use an airport; automatic revocation and Termination of Service Notice; Airport Notice-foreign air transportation-change required by foreign country.

202.14 Application for change in service pattern-interstate and overseas air transportation.

202.15 Application for change in Approved Service Plan-foreign air transportation. 202.16 Notice of additional stop required

by foreign country; notice of terminal change required by foreign country. 202.21 Filing and service of documents; procedures thereon; petitions for reconsideration.

202.22 Persons upon whom notices and applications must be served.

APPENDIX A-RECOMMENDED AIRPORT NOTICE FORM

APPENDIX B-RECOMMENDED TERMINATION OF SERVICE NOTICE

AUTHORITY: Secs. 204, 401 of the Federal Aviation Act of 1958, as amended, 72 Stat. 743, 754 (as amended by 76 Stat. 143), 49 U.S.C. 1324, 1371, unless otherwise noted.

SOURCE: ER-884, 39 FR 40255, Nov. 15, 1974, unless otherwise noted.

§ 202.1 Applicability.

Unless the certificate or the order authorizing its issuance shall otherwise provide, such terms, conditions and limitations as are set forth in this part, and as may from time to time be prescribed by the Board, shall apply to the exercise of the privileges granted by each certificate issued under section 401 of the Act, other than a certificate for supplemental air transportation.

§ 202.2 Failure to comply.

It shall be a condition upon the holding of a certificate that any intentional failure by the holder to comply with any provision of Title IV of the Act or any order, rule, or regulation

(a) With respect to any flight scheduled to carry passengers in interstate or overseas air transportation, a stop at a point within the continental United States shall not be scheduled to exceed 45 minutes, if the origination or termination of such flight at such point is prohibited by any restriction in the certificate: Provided, That where the scheduled stop is at a point which is specified as a "large hub" city in the most recent edition of "Airport Activity Statistics of Certificated Route Carriers," the scheduled stop shall not be scheduled to exceed one hour.

(b) With respect to any flight scheduled to carry only property or mail in interstate or overseas air transportation, a stop at a point within the continental United States shall not be scheduled to exceed two hours, if the origination or termination of such flight at such point is prohibited by any restriction in the certificate.

(c) With respect to interstate or overseas air transportation, a certifi

cate 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 a 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 to render nonstop service, or to suspend service to such point) of the Board.

§ 202.13 Airport Notice; application for permission to use an airport; automatic revocation and Termination of Service Notice; Airport Notice-foreign air transportation-change required by foreign country.

(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 (see § 202.13(b)); and such holder shall not file an Airport Notice. 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 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 Airport Notice is set forth in 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 § 202.13(a) may adversely affect the public interest, the air carrier may file an Application for Permission to Use an Airport.

An application filed pursuant to either paragraph (b) (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) Automatic revocation and Termination of Service Notice. (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: (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 subchapter.