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with respect to interstate or overseas Termination of Service Notice-Foreign air transportation shall be served upon: Air Transportation shall be served upon:

(1) The Postmaster General, marked (1) Each scheduled air carrier which for the attention of the Director, Logis- regularly renders service to or from the tics Department;

point intended to be served through the (2) Each scheduled air carrier which proposed airport; regularly renders service to or from the (2) The Postmaster General, marked point intended to be served through for the attention of the Director, Logiseither the currently used or proposed tics Department, if the holder's certifiairport;

cate authorizes the transportation of (3) The chief executive of each point mail; with respect to which the notice or ap- (3) The Secretary of State, marked for plication has been filed;

the attention of the Director, Office of (4) The governor of each State in Aviation; which are located the currently used air- (4) The chief executive of any point port, the proposed airport, and the point located in the United States, with respect to be served: Provided, however, That if to which the notice or application is filed; in any such State there is a commission (5) The governor of each State, or or agency having jurisdiction over trans- chief executive of any territory or posportation by air, the notice or applica- session of the United States, in which is tion shall be served upon the latter, located any point with respect to which rather than upon the governor of such the notice or application is filed: ProState;

vided, however, That if in any State, ter(5) The board, commission, manager, ritory or possession there is a commission or other body or individual having direct or agency having jurisdiction over transsupervision over and responsibility for portation by air, the notice or applicathe management of the currently used tion shall be served upon such commisand proposed airports; and

sion or agency rather than upon the gov(6) The Federal Aviation Administra- ernor or chief executive; tion, marked for attention of the Direc- (6) The board, commission, manager, tor of Airport Services.

or other body or individual having direct (c) A copy of each Application for supervision over and responsibility for Change in Service Pattern shall be the management of the airport being served upon:

used to serve each such point; and (1) The Postmaster General, marked (7) The Federal Aviation Administrafor the attention of the Director, Logis- tion, marked for the attention of the Ditics Department;

rector of Airport Services. (2) Each scheduled air carrier which (e) An Application for Change in Apregularly renders service to or from any proved Service Plan-Foreign Air Transpoint named on the route segment, the portation (and any additional informaservice pattern of which the holder pro- tion in support of such application) shall poses to change;

be served upon: (3) The chief executive of each point (1) The persons specified in paragraph on such route segment;

(d) (2) through (6) of this section; (4) The governor of each State in

(2) Each scheduled air carrier which which are located the points on such

is authorized to serve the same general route segment: Provided, however, That

area in which is located the point to if in any such State there is a commission or agency having jurisdiction over

which the holder, as part of its approved transportation by air, the application

service plan, desires to engage, or cease shall be served upon the latter, rather

to engage, in foreign air transportation; than upon the governor of such State;

and and

(3) Each scheduled air carrier which (5) The board, commission, manager,

authorized to serve a ge ral rea conor other body or individual having direct tiguous to the general area wherein such supervision over and responsibility for point is situated. the management of the airport being (f) Each Notice of Additional Stop used to serve each such point.

Required by Foreign country or Notice (d) A copy of each Airport Notice- of Terminal Change Required by ForForeign Air Transportation, Application eign country shall be served upon: for Permission to Use an Airport with re- (1) The person specified in paragraphs spect to foreign air transportation, and (d) (2) through (6) of this section; and

(2) Each scheduled air carrier which regularly renders service to or from such additional stop or new terminal point, as the case may be. APPENDIX A-RECOMMENDED AIRPORT NOTICE

FORM

Date... To: Director, Bureau of Operating Rights

Civil Aeronautics Board

Washington, D.C. 20428 Re: Alrport Notice Alled pursuant to Part

202 of Economic Regulations Dear Sir: Transmittod herewith aro an original and three copies of this notice to advise that

(air carrier) in. tends to Inaugurate service to the following points through the following airports: Point Airport Service to bo inaugurated on or after.

APPENDIX B-RECOMMENDED TERMINATION OF

SERVICE NOTICE

Dato... TO: Director, Bureau of Operating Rights

Civil Aeronautics Board

Washington, D.O. 20428 RE: Termination of Service Notico filed pur

suant to Part 202 o Economic Regula

tions Dear Sir: Transmitted herowith aro in original and threo copies of this notice to advise that

(alr carrier) will cease to provide regular service on

(date) to the following points through the following airports: Point Alrport

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(Signature)

Glvo exact longitude and latitude of tho

airport to be served (applicable only I tho airport is not already being used by an alr

carrier pursuant to this part) ----------Indicate whether walver of 30-day provision

is requested.-----

NOTICE: The regulations of tho Civil Aeronautics Board provide that memoranda in support of or in opposition to this alrport notice may be fled with the Board within 15 days of the dato of Alling hereof. Such memoranda shall be served on the applicant carrier and the persons on whom this notice has been served.

(Titlo) CERTIFICATE OF SERVICE (Foreign Air

Transportation) I hereby cortily that I havo this day sorvod (state manner of service) copios of this air. port notice on the Postmaster General, marked for the attention of tho Director, Logistics Department (ut the holder's cortit. icato authorizes the transportation of mall): tho Secretary of Stato, marked for tho ato tention of Director, Omco of Aviation; the Mayor or Chief Executive of tho cities

(address), and tho Governor of the State of .

(address), (or tho Stato Commission or agoncy having Jurisdiction of transportation by alr within the Stato of

(address)); tho airport man. agers of tho following airports (airport name and address), the Federal Aviation Administration, for the attention of the Director, Airport Services; and the following scheduled air carriera:

(Signaturo)

(namo and address).

(Signaturo)

(Titlo)

(Title) CERTIFICATE OF SERVICE (Interstato and

Overseas Air Transportation) I hereby certify that I have this day served (stato manner of service) copies of this airport notice on the Postmaster General, marked for the attention of the Director, Logistics Dopartment; the Federal Aviation Administration, for tho attention of the Director, Airport Services; the Mayor or Chief Executive of the cities of

(address), and the Governor of the State of

(address). (or the state commission or agency having jurisdiction of transportation by air within the State of

(address)); the following scheduled air carriers

(name and address); and the airport managers of the following airports:

(airport name and address).

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(Signature)

205.3 206.4

(Title)

§ 205:3205Applications pursuant

Sec. 205.6 Servico. 206.6 Disposition 208.7 Petition for reconsideration, 206.8 Automatic suspension authority for

involuntary postponemont of inauguration or involuntary inter

ruption of service. 206.9 Ro-examination of suspension au

thority. 205.10 Eitect of fallure to provide servico. 206.11 Institution of servico after suspon.

sion or postponement of Inaugurao

tion: notice to tho Board. 205.12 Strikes; report to be mlod.

AUTHORITY: The provisdons of this part 205 Issued under sec. 204, sec. 401, 72 Stat, 743, 754; 49 U.B.C. 1824, 1871.

SOURCE: The provisions of this part 208 contained in ER-348, 27 FR. 738, Jan. 25, 1962, unless otberwiso noted. $ 205.1 Applicability, .

(a) This part shall apply to all air carriers holding currently effective certificates of public convenience and necessity authorizing scheduled route servico between designated points (hereinafter referred to as certificates) issued by the Board pursuant to section 401 of the Act with respect to:

(1) Inauguration of new service pursuant to certificate awards;

(2) Applications to the Board for authority to temporarlly suspend service to or from any point named in a certificate or included in an approved service plan designating points which may be served in a general area named in such certincate;

(3) Notice to the Board when all service to or from a point, pursuant to a certificate, shall have been interrupted or inauguration delayed because of circumstances or events beyond the carrler's control as provided in $ 205.8(a); and

(4) Termination of suspension of service.

(b) Sections 205.2(a) and 205.10 shall not apply to the operations of certificated air carriers to or from points authorized for service in their certificates pursuant to section 401(e) of the Civil Aeronautics Act of 1938, 49 U.S.C. 481, but never regularly served. This part does not relieve any carriers from the obligation to Alle schedules pursuant to the requirements of Part 231 of this chapter.

8 205.2 Board authorization required

for delayed inauguration or tempo

rary suspensions of service. (a) Inauguration of service. Any service authorized by a certificato shall be inaugurated within 90 days after the effective date of the new or amended certificate unless the Board has fixed & longer period. It the recipient of a certificate award authorizing scheduled route service between designated points desires to postpone inauguration of service to any such point or points beyond the 90-day period of such other period as the Board may have fixed, he shall, not later than 45 days prior to expiration of such period, file an application for postponement of the date of required Inauguration of service.

(b) Temporary suspension of service. Service to or from any point, authorized in & certificate or included in an approved service plan, shall not be suspended by an air carrier except in accordance with the provisions of this part.

to . (a) The application shall contain & specific statement of the relief requested and of the facts relied upon to establish that there is good cause for the postponement of inauguration of service or that the temporary suspension of service is in the public interest, with a statement of economic data or other matters which It is desried that the Board oficially notice.

(b) When temporary suspension of service in interstate or overseas transportation is sought on economic grounds, the application shall contain at least the following specific economic data:

(1) History of service, particularly schedules and equipment offered by the applicant for the past two years to and from the point;

(2) Applicant's most recent yearly trafic data for the point: total number of passengers originating and deplaning: and on-line or, if the applicant does not compile on-line data, on-ilight origin and destination of such passengers for four representative months;

(3) Anticipated financial benefit to the applicant, with an explanation of the factors considered in reaching such conclusion;

(4) Services offered by other sched- Board may designate in a particular uled carriers to the point;

case, and shall be served upon the fol(5) When the applicant is the only lowing persons in all cases: carrier regularly serving the point, the (1) Each certificated route air carnearest alternative air service, and avail- rier which serves any point for which able surface transportation, schedules postponement of inauguration or susand fares to alternative airports;

pension of service is sought, or its des(6) Surface transportation to major ignated agent. markets from the point; and

(2) The chief executive of the city, (7) A factual statement of applicant's town or other unit or local government efforts to stimulate traffic through at any such point located in the United schedule experimentation, promotion States or any possession thereof; and advertising, new equipment, or other (3) The State commission or agency means during past two years.

having jurisdiction of transportation by (c) The application shall also con- air in the State wherein any such point tain a list of the persons upon whom is located, or if there is no such comcopies were served in accordance with mission or agency, the chief executive of $ 205.5, and a statement that any in- such State; terested person may file an answer in (4) The Secretary of State (marked opposition to or in support of the appli- for the attention of Chief, Aviation Divication within twenty (20) days after sion) if such point is not located in the the filing of the application. An ex- United States or any possession thereof; ecuted original and 19 copies of such (5) The Postmaster General, Marked application shall be filed with the Docket for the attention of the Assistant GenSection of the Civil Aeronautics Board, eral Counsel, Transportation, if the apWashington, D.C. 20428. Applications plicant's certificate authorizes the transwhich are incomplete or which fail to portation of United States mail to or comply with the requirements of this from such point; part will be dismissed.

(6) In cases involving an application (ER 894, 28 F.R. 10195, Sept. 18, 1963) for suspension of service at a point lo$ 205.4 Answers by interested persons

cated in the United States or any posand replies thereto.

session thereof, the manager or other in

dividual having direct supervision over (a) Any interested person may fille with the Board and serve upon the appli

and responsibility for the management

of the airport being used to serve such cant a written answer in opposition to or

point at the time the application is filed. in support of an application made pur- (b) Local service carriers shall serve suant to § 205.3 within twenty (20) days

such applications also on each certifof the filing thereof. Such answer shall

cated route air carrier which provides set forth in detail the reasons why the

or is authorized to provide nonstop servpostponement of inauguration of service

ice between points between which the apor temporary suspension of service

plicant could provide nonstop service it should be denied or authorized, with a

the application were granted. statement of economic data and other

(PR-348, 27 F.R. 788, Jan. 25, 1962, as matters which it is desired that the

amended by ER-613, 35 F.R. 7110, May 6, Board shall officially notice. An executed

1970) original and 19 copies of such answer shall be filed with the Docket Section.

8 205.6 Disposition. (b) Within seven (7) days from the An order may be issued authorizing date of service of an answer, the appli- such postponement or temporary suscant may file a reply thereto and shall pension for such term and upon such serve it upon any person who has filed conditions as the Board may find to be an answer. An executed original and 19 in the public interest. Where the public copies of such reply shall be filed with interest so requires, the Board may act the Docket Section.

on applications without waiting for an(ER-645, 35 F.R. 14542, Sept. 17, 1970)

swers thereto. § 205.5 Service.

205.7 Petition for reconsideration. (a) A copy of each application made A petition for reconsideration of the and each answer addressed thereto pur- Board's determination under $ 205,6 may suant to $$ 205.3 and 205.4 shall be be filed by any interested person within served personally or by registered or cer- twenty (20) days after the date of serytified mail upon such persons as the ice thereof. Except for the time of dung, such petitions shall conform to the pro- NOTE: See also tho reporting requirements visions of $ 302.37 of this chapter. Any

of $ 241.24 of this chapter, Schedulo P-2(d) interested person may file an answer in

of Part 241 of the Board's regulations. opposition to, or in support of, the peti- 8 205.9 Re-examination of suspension tion within ten (10) days after it is filed. authority, An executed original and 19 copies of

Authority to postpone inauguration or such petition for reconsideration or an

to suspend service, granted pursuant to swer shall be filed with the Docket Sec

§ 205.6 or § 205.8, may be modified, contion, and copies thereof shall be served

ditioned or terminated by the Board at upon the persons described in $ 205.5, the

any time upon notice but without hearapplicant and any person who filed an

ing where the public interest so requires. answer in opposition to the original application.

8 205.10 Effect of failuro to provido

service. $ 205.8 Automatic suspension authority for involuntary postponement of

In the absence of circumstances exinauguration or involuntary inter

cusing involuntary postponement or susruption of service.

pension of service ($ 205.8), it for a pe(a) The holder of a certificate shall

riod of ninety (90) days (or such longer not be required to file an application

specific period as may have been desig

nated by the Board) any service authorunder $ 205.2 if the postponement of in

ized by a certificate has not been inauauguration of new service or interruption of service to or from a point named

gurated, or if for a period of 90 days such in a certificate, or included in the hold

a service has not been operated, the er's approved service plan is caused by

Board may direct the carrier to inauguconditions or events which the holder

rate or resume service or may, as authorcannot reasonably be expected to foresee

ized by section 401(f) of the Act, by or control, such as rules, standards or

order entered after notice and hearing, other action or inaction of the Admin

direct that the holder's certificate shall

cease to be effective to the extent of such istrator of the Federal Aviation Agency

service. or of a foreign government, emergency measures, strikes, weather conditions, 8 205.11 Institution of service after sus. construction work on airports, or dis- pension or postponement of inau. asters: Provided, That the provisions of guration: notice to the Board. this paragraph shall apply to interrup- When service is inaugurated following tions due to airport inadequacies only

postponement of inauguration, of reif the holder is unable to serve the cer

sumed following suspension under either tificated point through any airport convenient thereto with the type of equip

express or automatic authority, immediment last regularly used to serve such

ate notice thereof shall be given to the point.

Board (marked for attention of the (b) In the case of delayed inaugura

Director, Bureau of Operating Rights), tion or an interruption of service caused stating the time when service was by a strike, the holder shall give immedi- inaugurated or resumed. ate notice of such interruption to the (ER-855, 39 FR 18429, May 28, 1974) Board (marked for the attention of the Director, Bureau of Operating Rights).

8 205.12 Strikes; report to be filed. (c) If service at a point is interrupted

Within fifteen (15) days following reor inauguration delayed for more than sumption of service after a strike an air three (3) consecutive days for reasons carrier shall file a report with the Board beyond the certificate holder's control (marked for the attention of the Direcother than a strike, the holder shall give tor, Bureau of Operating Rights) connotice to the Board marked for the taining a list of all flights that were attention of Director, Bureau of Operat- canceled, the date they were canceled, ing Rights) within three (3) days fol- and the date service was restored. lowing the date of required inauguration

(Sec. 204(a) of the Federal Aviation Act of of service or suspension, setting forth 1958, as amended. Reorg. Plan No. 3 of 1961.) the date of suspension and a full and (ER-855, 39 FR 18429, May 28, 1974) complete statement of the reasons

NOTE: The reporting requiremonts contherefor.

talned herein havo been approved by the (ER-348, 27 FR 783, Jan. 25, 1962, as amended Office of Management and Budget in accordby ER-865, 89 FR 18429, May 28, 1974) ance with the Federal Reports Act of 1942.

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