CHAPTER II-CIVIL AERONAUTICS BOARD (Parts 200 to 1199) Part 200 201 202 205 206 207 SUBCHAPTER A-ECONOMIC REGULATIONS Definitions and instructions Applications for certificates of public convenience and necessity Inauguration and temporary suspension of scheduled route service Charter trips and special services Page 6 6 8 14 Applications for permits to foreign air carriers Charter trips by foreign air carriers. 213 Terms, conditions and limitations of foreign air carrier permits 214 Terms, conditions and limitations of certificates to engage in supple- Names of air carriers and foreign air carriers Terms, conditions and limitations of foreign air carrier permits 215 216 217 Commingling of blind sector traffic by foreign air carriers 100 102 218 Lease by foreign air carrier or other foreign person of aircraft with crew 105 221 Construction, publication, filing and posting of tariffs of air carriers Air cargo pickup and delivery zones; filing of tariffs; application for Part Page 229 [Reserved] 231 232 Transportation of mail; mail schedules Transportation of mail; review of orders of Postmaster General 202 234 Flight schedules of certificated air carriers; realistic scheduling re- 205 235 Reinvestment of gains derived from the sale or other disposition of 207 239 Reporting data pertaining to freight loss and damage claims by cer- Uniform system of accounts and reports for certificated air carriers 215 Report of charter services performed for the military airlift Uniform system of accounts and reports for air freight forwarders and international air freight forwarders; filing of reports by for- Submission of audit and reconciliation reports Preservation of air carrier accounts, records and memoranda 352 378 382 383 383 384 250 Priority rules, denied boarding compensation tariffs and reports of 404 251 Prohibited interests; interlocking relationships 407 252 Provision of designated "No-Smoking" areas aboard aircraft op- Participation of air carrier associations in Board proceedings 287 Exemption and approval of certain interlocking relationships 288 Exemption of air carriers for military transportation 415 Exemption of air carriers from agreement filing requirements of sec- 425 426 427 293 296 298 299 Operations by air taxis in Alaskan bush routes pursuant to subcon- Classification and exemption of air freight forwarders, international 305 Rules of practice in informal nonpublic investigations by the Bureau 534 310 Inspection and copying of board opinions, orders, and records 536 545 311 Classification and declassification of national security information 549 312 Implementation of the National Environmental Policy Act, including 553 373 Study group charters, by direct air carriers and study group 618 374 627 Implementation of the Consumer Credit Protection Act with respect 374a Regulations pursuant to section 401 of the Federal Election Campaign Act of 1971 with respect to extension of credit by air carriers. to political candidates Navigation of foreign civil aircraft within the United States 378 Inclusive tour charters 379 Nondiscrimination in Federally assisted programs of the Board-ef- SUBCHAPTER E-ORGANIZATION 384 Statement of organization, delegation of authority, and availability 680 385 Delegations and review of action under delegation; nonhearing mat ters 684 387 389 Organization and operation during emergency conditions 399 Statements of general policy 706 NOTE: For nomenclature changes made to Chapter II, see 37 F.R. 18909, Sept. 16, 1972. SUBCHAPTER A-ECONOMIC REGULATIONS The term "Act" means the Federal Aviation Act of 1958. All orders, certificates, rules, regulations, notices, and other documents issued by the Board or under its authority and referring to the Federal Aviation Act of 1958, or to certain provisions thereof, shall be deemed to refer also to the Civil Aeronautics Act of 1938, as amended, or to the corresponding provisions thereof, to the extent the latter Act, or corresponding provisions thereof, may be applicable. [ER-248, 24 F.R. 417, Jan. 17, 1959] 8200.3 Section. The term "section" refers to a section of the act or a section of the regulations in this chapter, as indicated by the context. § 200.4 Rule, regulation, and order. The terms "rule", "regulation”, and "order" refer to the rules, regulations, and orders prescribed by the Board pursuant to the act. § 200.5 Other terms. The terms "this section", "pursuant to this section", "in accordance with the provisions of this section", and words of similar import when used in this chapter refer to the section of this subchapter in which such terms appear. § 200.6 Terms defined by act. Unless otherwise specifically stated, other words and phrases have the meaning defined in the act. $ 200.7 Instructions. The regulations of the Board may be cited by section numbers. For example, this regulation may be cited as § 200.7 of the "Economic Regulations." The sections contained in the Rules of Practice under title IV and sections 1022 (d) to (1) of the act, may also be cited by appropriate rule numbers. For example, section 10 may be cited as "rule 10 of the Rules of Practice." In each case in which a rule, regulation, order, or other document of the Board refers to a regulation or a rule of practice of the Board by means of the numbering system used prior to the adoption of section numbers, such reference shall be deemed to relate to the appropriate new section number of this subchapter. § 200.8 Supplemental air carrier. Unless the context otherwise requires, the term "supplemental air carrier" as used in existing or future regulations and orders of the Board includes persons holding operating authority conferred upon them by section 8(a) of Pub. L. 87-528 of July 10, 1962; persons holding operating authority conferred upon them by the Board pursuant to section 7 (a), (b), or (c) of said Pub. L. 87-528; and persons holding certificate authority conferred upon them by the Board pursuant to section 401 (d) (3) of the Federal Aviation Act of 1958, as amended. These persons shall also be deemed included in the term "air carrier" where that term, in the context, includes supplemental air carriers. (Secs. 401, 403, 404, 407, 408, 409, 411, 412, 418, 414, 415, 416, 417, 1002 (1), 72 Stat. 754, 758, 760, 766, 767, 768, 769, 770, 771, 788; secs. 7 and 8, 76 Stat. 146, 147; 49 U.S.C. 1371, 1873, 1374, 1877, 1878, 1379, 1381, 1382, 1383, 1384, 1385, 1387, 1482) [ER-359, 27 F.R. 7988, Aug. 10, 1962] AUTHORITY: The provisions of this Part 201 issued under secs. 204, 401, 72 Stat. 748, 754; 49 U.S.C. 1324, 1871, unless otherwise noted. SOURCE: The provisions of this Part 201 contained in ER-146, 14 F.R. 3524, June 29, 1949, unless otherwise noted. § 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. 1886; sec. 9(b), 60 Stat. 242; 5 U.S.C. 1008) [ER878, 28 F.R. 3585, Apr. 12, 1963; ER-550, 33 F.R. 18484, Dec. 12, 1968] § 201.2 Amendments. If, after receipt of any application, the Board shall request the applicant to supply it with additional information, such information shall be furnished 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. 8 201.4 General provisions concerning contents. (a) The statements contained in an application shall be restricted to significant and relevant facts. They shall be free from argumentation or from 90-055-77- -2 expressions of opinions, except such as may be required by this part. (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 circunstances 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 over-all 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. |