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(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) Where required by $$ 312.12 or 312.14 of Part 312 of this chapter, each application shall, at the appropriate time, be accompanied by an Environmental Evaluation or an Environmental Assessment, in conformity with those sections or orders issued thereunder. (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.) (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) 8 201.5 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.

Sec. 202.22 Persons upon whom notices and ap

plications must be served. Appendix A-Recommended 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.

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 issued thereunder or any term, condition, or limitation of such certificate shall be a failure to comply with the terms, conditions, and limitations of the certificate within the meaning of section 401(g) of the Act even though the failure to comply occurred without the territorial limits of the United States, except to the exent that such failure shall be necessitated by an obligation, duty, or liability imposed by a foreign country. 8 202.11 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 or approved service plan (if such certificate or approved service plan authorizes seryice between such points and does not prohibit nonstop service between them) upon the effective date of a schedule, showing such nonstop service, filed with the Board in accordance with Part 231 of this subchapter. & 202.12 Provisions to scheduled

stops-interstate and overseas air

transportation. (a) With respect to any flight scheduled to carry passengers in interstate or

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 trans

portation. 202.13 Airport Notice; application for per

mission to use an airport; automatic revocation and Termination of Service Notice; Airport Noticeforeign air transportation-change

required by foreign country. 202.14 Application for change in service

pattern-interstate and erseas

air transportation. 202.15 Application for change in Approved

Service Plan--foreign air transpor

tation. 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.

as

overseas air transportation, a stop at à the holder of a certificate desires to point within the continental United serve regularly a point named in such States shall not be scheduled to exceed certificate, or a point which the holder 45 minutes, if the origination or termina- is otherwise authorized to serve regtion of such flight at such point is pro- ularly through an airport not then reghibited by any restriction in the certif- ularly used or authorized to be used by icate: Pro vided, That where the sched- the holder to serve such point: Provided, uled stop is at a point which is speci- however, That if the holder of a certified as a "large hub" city in the most re- ficate desires to serve a point through an cent edition of “Airport Activity Statis- airport through which it already serves tics of Certificated Route Carriers,” the another point on its route, and to retain scheduled stop shall not be scheduled to both points in its certificate, the holder exceed one hour.

is required to file with the Board an (b) With respect to any flight sched- Application for Permission to Use an Airuled to carry only property or mail in port (see $ 202.13(b)); and such holder interstate or overseas air transporta- shall not file an Airport Notice. Airport tion, a stop at a point within the con- Notices and Applications for Permission tinental United States shall not be to Use an Airport are not required of scheduled to exceed two hours, if the Alaskan air carriers, holders of certiorigination or termination of such flight ficates authorizing use of rotary wing at such point is prohibited by any re- aircraft only, and holders of certificates striction in the certificate.

limited to community center service and (c) With respect to interstate or over- interairport service. When an Airport seas air transportation, a certificate con- Notice is required hereunder, the certitaining a condition or restriction which ficate holder shall file it with the Board has the effect of permitting the origina- at least 30 days prior to the proposed tion of a flight only at a certain point or date of inauguration of the use of the points shall not be deemed to permit an airport. Such notice shall be conincrease in passenger or property-carry- spicuously entitled Airport Notice; shall, ing capacity (by change of gauge, sub- as a minimum amount of information, stitution of equipment, addition of extra describe such airport by name and, if sections, or otherwise) on any such flight it is not an airport already being used by at any point other than a point at which an air carrier subject to the provisions the origination of such flight is author- of this part, state its location; shall ized. A certificate containing a condition state the date of intended inauguration or restriction which has the effect of

of service and whether a waiver of the permitting the termination of a flight 30-day notice provision is requested; only at a certain point or points shall and shall contain a notice to the persons not be deemed to permit a decrease in served that they may, within 15 days of passenger or property-carrying capacity the date the notice was filed, file and on any such flight at any point other

serve memoranda in support of, or in than a point at which the termination

opposition to, the notice. A recommended of such flight is authorized. With respect format of Airport Notice is set forth to a particular flight, a point shall not in Appendix A. The use of such airport be deemed to be beyond another speci- may be inaugurated 30 days after the fied potnt within the meaning of such filing of such notice, unless the Board condition or restriction unless the notifies the holder within said 30-day holder serves such other specified point period that it appears to the Board that on such flight or omits service thereto such use may adversely affect the public pursuant to regulation or other specific interest, in which event such use shall authorization (such as authority to not thereafter be inaugurated (except render nonstop service, or to suspend as may be expressly permitted by such service to such point) of the Board. notification from the Board) unless and 8 202.13 Airport Notice; application for

until the Board finds upon application permission to use an airport; auto

filed by the holder, pursuant to paramatic revocation and Termination graph (b) of this section, that the public of Service Notice; Airport Notice interest would not be adversely affected foreign air transportation-change by such use. The Board may permit the required by foreign country.

use of an airport at any time after the (a) Airport Notice. An Airport Notice is filing of the Airport Notice whenever the required to be filed with the Board if circumstances warrant such action. In no event shall the provisions of this sec- larly scheduled service is offered through tion be construed as authorizing an air the airport on a flag-stop basis; and (1) carrter to receive at one airport and dis- periods during which a carrier has falled charge at any other airport serving the to regularly use an airport as a result of same point passengers or property mov- any of the conditions listed in $ 205.8(a) ing locally between the two airports, or of this subchapter. passengers or property moving as part of (2) A carrier's suspension of service to & through journey to or from some other a point located in the United States for point which such carrier receives from, one year, pursuant to a provision in its or transfers to, another air carrier at certificate or pursuant to Board order one of the two airports. This prohibition or exemption, shall revoke any authordoes not apply to the carrtage between ization to use an airport to serve that airports of through trafic which the air point. Regular service through the aircarrier performing the interairport sery- port may be resumed only upon compliice receives from, or transfers to, one ance with and pursuant to the proceof its own flights.

dures set forth in paragraph (a) of this (b) Application for permission to use section. an airport. (1) Where an air carrier (3) Within 30 days after the day & seeks to serve a point through an airport carrier's airport authorization is autothrough which it already serves another matically revoked by the terms of this point on its route and to retain both section, the carrier shall file with the points in its certificate, it shall file with Board & notice conspicuously entitled the Board an Application for Permission Termination of Service Notice, setting to Use an Airport.

forth, as a minimum amount of informa(2) Following notification by the tion, the name of the airport and date of Board that the use of an airport pro- cessation of regular service. A recomposed in an Airport Notice filled pursuant mended format of the Termination of to $ 202.13(a) may adversely affect the Service Notice is set forth in Appendix public interest, the air carrier may Alle B to this part. an Application for Permission to Use an (d) Airport Notice-foreign air transAlrport.

portation change required by foreign An application pled pursuant to either

country. (1) If at any time the holder subparagraph (1) or (2) of this paragraph

of a certificate is required, in order to shall be conspicuously entitled "Application comply with any obligation, duty, or 11for Permission to Use the

Airport for ability imposed by any foreign country, Serving --" and shall set forth the in- to serve regularly a point or points in formation required in the Alrport Notice as

such foreign country through any airport well as any other facts relied upon to estab

not then regularly used by such holder, 11sh that the proposed airport use is in tho

such holder shall file with the Board nopublic interest, a statement of economic data or other matters which it le desired that the

tice of such requirement: Provided, howBoard officially notice, and shall contain a

ever, That this paragraph shall not apply notice to the persons served that they may, to any obligation, duty or Hability ariswithin 20 days of the date the application ing out of a contract or other agreement was filed, ale and serve memoranda in sup- entered into between any air carrier or port of, or in opposition to, the application.

any officer or representative thereof, and (c) Automatic revocation and Termi. any foreign country, if such contract or nation of Service Notice. (1) Where a agreement shall have been disapproved certificate holder has been authorized to by the Board as being contrary to the serve & point located in the United public interest. States regularly through two or more (2) Such notice shall be filled within airports, failure to provide regularly 20 days after the air carrier shall have scheduled air transportation through one

been advised of such requirement; shall of those airports for 60 days shall auto- be conspicuously entitled Airport Nomatically revoke any authorization to tice-Foreign

Air

Transportationregularly use that airport. Regular sery- Change Required by Foreign country; ice through the airport may be resumed and shall fully set forth the facts and only upon compliance with and pursuant circumstances relating to such requireto the procedures set forth in paragraph ment. The use of such airport may be (a) of this section: Provided, however, inaugurated immediately upon the filing That the following shall not be included of such notice and may be continued in the 60-day period: (1) Nonuse of an unless and until the Board, after notice airport for any period in which regu- and public hearing, shall disapprove the use of such airport as being contrary to (8) Increase or decrease in subsidy the public interest, or unless and until payments under the applicable class rate the Board shall find, after investigation, formula. that such requirement of the foreign

The application shall also contain a nocountry is not in effect.

tice to the persons served that they may, (FR-884, 39 FR 40255, Nov. 16, 1974; 89 FR

within 20 days of the date the applica41966, Dec. 4, 1974)

tion was filed, file and serve memoranda 8 202.14 Application for change in serv- in support of, or in opposition to, the

ice pattern-interstate and overseas application. The Board will grant such air transportation.

application to such extent, for such (a) Applicability. This section shall be

periods of time, and subject to such conapplicable only to certificates author

ditions as the Board deems proper and izing interstate and/or overseas air

adequate, if it finds that such conditions transportation which contain & condi

and the proposed service pattern are in tion requiring that each trip operated by

the public interest and consistent with the holder of the certificate between

the holder's performance of a local air points named in the route or å segment

transportation service. thereof shall (subject to exceptions set § 202.15 Application for change in Apforth in such certificate) serve each proved Service Plan-foreign air terminal and intermediate point.

transportation. (b) Application for change in service

If the holder of a certificate authorpattern. If at any time the holder of such

izing it to engage in foreign air trans& certificate desires to establish a service

portation to a general area destres, as pattern omitting one or more of the

part of its approved service plan, to enpoints served or required to be served

gage in foreign air transportation to a pursuant to such condition of the cer

point in such area not then Included in tificate, the holder shall make applica

its approved service plan, or to cease to tion to the Board for approval thereof.

engage in foreign air transportation to & Such application shall be conspicuously

point in such area not then included in entitled Application for Change in Serv

its approved service plan, such holder ice Pattern, and shall set forth the facts

shall make application to the Board for relied upon to establish that the pro

approval therefor. Such application shall posed service pattern is in the public in

be conspicuously entitled Application for terest and consistent with the holder's

Change in Approved Service Plan--Forperformance of a local air transportation

eign Air Transportation, shall clearly service. Such application shall contain a

describe such point, its location, the segstatement of matters which the appli

ment of the approved service plan to cant desires the Board to officially notice,

which such point is to be added or from and a detailed analysis of the anticipated

which it is to be removed, and shall set effect of such authorization on the oper- forth the facts relied upon to establish ating results of the holder, including, but

that the proposed change in the approved not limited to, the following economic

service plan is in the public interest. After and operating data on an annual basis:

the filing of such application the holder (1) Present and proposed schedules, by may submit to the Board additional intype of aircraft;

formation in support of such application. (2) Number of departures, plane- The Board will grant such application if malles, passengers, and passenger-miles; it finds that such proposed change in the

(3) Estimate of self-diversion or di- approved service plan is not inconsistent version from other carriers, if appli- with the public interest. cable;

8 202.16 Notice of additional stop re(4) Anticipated operating revenues;

quired by foreign country; Notice of (5) Estimate of in act of proposal on

Terminal Change Required by Foroperating expenses, computed according eign Country. to Subpart K of Part 302 of this chapter;

(a) If, at any time, the holder of & (6) Estimate of allowance for return

certificate is required, in order to comply on investment and taxes, computed ac

with any obligation, duty or liability imcording to Subpart K of Part 302 of this

posed by any foreign country: (1) To add chapter;

& stop at a point not named in the cer(7) Increase or decrease in subsidy re- tificate, or not included in the approved quirements; and

service plan, and situated in such foreign country; or (2) to change the terminal in 15 days of the filing of such a notice point in such foreign country; such hold- or within 20 days of the filing of such er shall file with the Board notice of an application. Such memoranda shall such requirement: Provided, however, be served on the air carrier filing the noThat this section shall not apply to any tice or application and on those persons obligation, duty, or liability arising out required to be served under $ $ 202.22(a), of a contract or other agreement entered (b), (c), or (d), as the case may be. Such into between an air carrier or any officer, memoranda shall set forth in detail the or representative thereof, and any for- reasons for the position taken, with a eign country, if such contract or agree- statement of economic data and other ment shall have been disapproved by the matters which it is desired that the Board as being contrary to the public Board shall officially notice. An original interest.

and three copies of memoranda concern(b) Such notice shall be filled within ing such a notice and an original and 19 20 days after the air carrier shall have copies of memoranda concerning such been advised of such requirement. The applications shall be filed with the Board, notice shall be conspicuously entitled marked for the attention of the Director, Notice of Additional Stop Required by Bureau of Operating Rights. Unless orForeign country or Notice of Terminal dered by the ard, upon application or Change Required by Foreign country, as upon its own motion, further pleadings the case may be, and shall fully set forth will not be entertained, except as prothe facts and circumstances relating to vided in paragraph (c) of this section. such requirement. Service in accordance (c) Petitions for reconsideration. A with the notice may be inaugurated im- petition for reconsideration of the mediately upon the filing of such notice Board's determination on an Applicaand may be continued unless and until tion for Permission to Use an Airport the Board, after notice and public hear- or an Application for Change in Service ing, shall disapprove such service as be- Pattern may be filed by any interested ing contrary to the public interest, or person within ten days after the date unless and until the Board shall find, thereof. Except for the date of filing, after investigation, that such require- such petitions shall conform to the proment of the foreign country is not in

visions of Rule 37 of the rules of praceffect.

tice ($ 302.37 of this chapter). Any in

terested person may file a memorandum § 202.21 Filing and service of documents; procedures thereon; petitions

in opposition to, or in support of, the for reconsideration.

petition within ten days after it is filed.

An original and nineteen copies of such (a) Number of copies and certificate

petition or memorandum shall be filed of service. An executed original and three

with the Docket Section, and copies copies of each notice and an original and

thereof shall be served upon the applinineteen copies of each application required by this part shall be filed with

cant air carrier (where the petition or the Board, marked for the attention of

memorandum is filed by other than the the Director, Bureau of Operating Rights, applicant) and upon the persons deeach setting forth the names and ad- scribed in § 202.22(a), (b), (c), or (d), dresses of the persons required to be as the case may be. Unless ordered by the served (see $ 202.22) and certifying that Board, upon application or upon its own service has been made pursuant to this motion, further pleadings will not be part on all such persons by personal entertained. service or by registered or certified mail, and the date of such sevice. In the case

§ 202.22 Persons upon whom notices

and applications must be served. of service by mail, the date of mailing shall be considered the date of service. (a) A copy of each notice or applica(b) Pleadings by interested persons.

ti required by this part shall served Any interested person may file with the upon such persons as the Board may Board a memorandum in opposition to, designate in a particular case and, as the or in support of, an Airport Notice (ex- case may be, upon the persons specified cept an Airport Notice-Foreign Air in paragraphs (b), (c), (d), (e), or (f) Transportation-Change Required by of this section. Foreign country), Application for Per- (b) A copy of each Airport Notice, Apmission to Use an Airport, or Applica- plication for Permission to Use an Airtion for Change in Service Pattern with- port, and Termination of Service Notice

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