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with respect to interstate or overseas air transportation shall be served upon: (1) The Postmaster General, marked for the attention of the Director, Logistics Department;

(2) Each scheduled air carrier which regularly renders service to or from the point intended to be served through either the currently used or proposed airport;

(3) The chief executive of each point with respect to which the notice or application has been filed;

(4) The governor of each State in which are located the currently used airport, the proposed airport, and the point to be served: Provided, however, That if in any such State there is a commission or agency having jurisdiction over transportation by air, the notice or application shall be served upon the latter, rather than upon the governor of such State;

(5) The board, commission, manager, or other body or individual having direct supervision over and responsibility for the management of the currently used and proposed airports; and

(6) The Federal Aviation Administration, marked for attention of the Director of Airport Services.

(c) A copy of each Application for Change in Service Pattern shall be served upon:

(1) The Postmaster General, marked for the attention of the Director, Logistics Department;

(2) Each scheduled air carrier which regularly renders service to or from any point named on the route segment, the service pattern of which the holder proposes to change;

(3) The chief executive of each point on such route segment;

(4) The governor of each State in which are located the points on such route segment: Provided, however, That if in any such State there is a commission or agency having jurisdiction over transportation by air, the application shall be served upon the latter, rather than upon the governor of such State; and

(5) 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.

(d) A copy of each Airport NoticeForeign Air Transportation, Application for Permission to Use an Airport with respect to foreign air transportation, and

Termination of Service Notice-Foreign Air Transportation shall be served upon:

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

(2) The Postmaster General, marked for the attention of the Director, Logistics Department, if the holder's certificate authorizes the transportation of mail;

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

(4) The chief executive of any point located in the United States, with respect to which the notice or application is filed;

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

(6) 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; and

(7) The Federal Aviation Administration, marked for the attention of the Director of Airport Services.

(e) An Application for Change in Approved Service Plan-Foreign Air Transportation (and any additional information in support of such application) shall be served upon:

(1) The persons specified in paragraph (d) (2) through (6) of this section;

(2) Each scheduled air carrier which is authorized to serve the same general area in which is located the point to which the holder, as part of its approved service plan, desires to engage, or cease to engage, in foreign air transportation; and

(3) Each scheduled air carrier which is authorized to serve a general area contiguous to the general area wherein such point is situated.

(f) Each Notice of Additional Stop Required by Foreign Country or Notice of Terminal Change Required by Foreign Country shall be served upon:

(1) The person specified in paragraphs (d) (2) through (6) of this section; and

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CERTIFICATE OF SERVICE (Interstate and

Overseas Air Transportation)

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; 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 of (address), (or the State commission or agency having jurisdiction of transportation by air within the State of (address)); the following

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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 certificate authorizes the transportation of mail); the Secretary of State, marked for the attention of Director, Office of Aviation; the Mayor or Chief Executive of the cities (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 airport managers of the following airports (airport name and address), the Federal Aviation Administration, for the attention of the Director, Airport Services; and the following scheduled air carriers:

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scheduled air carriers

(name

Sec.

and address); and the airport managers of

205.1

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205.2

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Applicability.

Board authorization required for delayed inauguration or temporary suspensions of service.

Applications pursuant to § 205.2. Answers by interested persons and replies thereto.

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205.7

205.8

205.9

Disposition.

Petition for reconsideration. Automatic suspension authority for involuntary postponement of inauguration or involuntary interruption of service.

Re-examination of suspension authority.

205.10 Effect of failure to provide service. 205.11 Institution of service after suspension or postponement of inauguration: notice to the Board.

205.12 Strikes; report to be filled.

AUTHORITY: The provisions of this Part 205 issued under sec. 204, sec. 401, 72 Stat. 743, 754; 49 U.B.C. 1324, 1871.

SOURCE: The provisions of this Part 205 contained in ER-348, 27 FR. 733, Jan. 25, 1962, unless otherwise 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 service 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 temporarily 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 certiîcate;

(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 carrier'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 file schedules pursuant to the requirements of Part 231 of this chapter.

$ 205.2 Board authorization required for delayed inauguration or temporary suspensions of service.

(a) Inauguration of service. Any service authorized by a certificate shall be inaugurated within 90 days after the effective date of the new or amended certificate unless the Board has fixed a longer period. If 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 a 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. § 205.3

Applications

§ 205.2.

pursuant to

(a) The application shall contain a 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 officially 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 traffic 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-flight 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 scheduled carriers to the point;

(5) When the applicant is the only carrier regularly serving the point, the nearest alternative air service, and available surface transportation, schedules and fares to alternative airports;

(6) Surface transportation to major markets from the point; and

(7) A factual statement of applicant's efforts to stimulate traffic through schedule experimentation, promotion and advertising, new equipment, or other means during past two years.

(c) The application shall also contain a list of the persons upon whom copies were served in accordance with § 205.5, and a statement that any interested person may file an answer in opposition to or in support of the application within twenty (20) days after the filing of the application. An executed original and 19 copies of such application shall be filed with the Docket Section of the Civil Aeronautics Board, Washington, D.C. 20428. Applications which are incomplete or which fail to comply with the requirements of this part will be dismissed.

[ER 394, 28 F.R. 10195, Sept. 18, 1963]

§ 205.4 Answers by interested persons and replies thereto.

(a) Any interested person may fille with the Board and serve upon the applicant a written answer in opposition to or in support of an application made pursuant to § 205.3 within twenty (20) days of the filing thereof. Such answer shall set forth in detail the reasons why the postponement of inauguration of service or temporary suspension of service should be denied or authorized, with a statement of economic data and other matters which it is desired that the Board shall officially notice. An executed original and 19 copies of such answer shall be filed with the Docket Section.

(b) Within seven (7) days from the date of service of an answer, the applicant may file a reply thereto and shall serve it upon any person who has filed an answer. An executed original and 19 copies of such reply shall be filed with the Docket Section.

[ER-645, 35 F.R. 14542, Sept. 17, 1970] § 205.5 Service.

(a) A copy of each application made and each answer addressed thereto pursuant to §§ 205.3 and 205.4 shall be served personally or by registered or certified mail upon such persons as the

Board may designate in a particular case, and shall be served upon the following persons in all cases:

(1) Each certificated route air carrier which serves any point for which postponement of inauguration or suspension of service is sought, or its designated agent.

(2) The chief executive of the city, town or other unit or local government at any such point located in the United States or any possession thereof;

(3) The State commission or agency having jurisdiction of transportation by air in the State wherein any such point is located, or if there is no such commission or agency, the chief executive of such State;

(4) The Secretary of State (marked for the attention of Chief, Aviation Division) if such point is not located in the United States or any possession thereof;

(5) The Postmaster General, Marked for the attention of the Assistant General Counsel, Transportation, if the applicant's certificate authorizes the transportation of United States mail to or from such point;

(6) In cases involving an application for suspension of service at a point located in the United States or any possession thereof, the manager or other individual having direct supervision over and responsibility for the management of the airport being used to serve such point at the time the application is filed.

(b) Local service carriers shall serve such applications also on each certificated route air carrier which provides or is authorized to provide nonstop service between points between which the applicant could provide nonstop service if the application were granted.

[ER-348, 27 F.R. 783, Jan. 25, 1962, as amended by ER-613, 35 F.R. 7110, May 6, 1970]

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such petitions shall conform to the provisions of § 302.37 of this chapter. Any interested person may file an answer in opposition to, or in support of, the petition within ten (10) days after it is filed. An executed original and 19 copies of such petition for reconsideration or answer shall be filed with the Docket Section, and copies thereof shall be served upon the persons described in § 205.5, the applicant and any person who filed an answer in opposition to the original application.

§ 205.8 Automatic suspension authority for involuntary postponement of inauguration or involuntary interruption of service.

(a) The holder of a certificate shall not be required to file an application under § 205.2 if the postponement of inauguration of new service or interruption of service to or from a point named in a certificate, or included in the holder's approved service plan is caused by conditions or events which the holder cannot reasonably be expected to foresee or control, such as rules, standards or other action or inaction of the Administrator of the Federal Aviation Agency or of a foreign government, emergency measures, strikes, weather conditions, construction work on airports, or disasters: Provided, That the provisions of this paragraph shall apply to interruptions due to airport inadequacies only if the holder is unable to serve the certificated point through any airport convenient thereto with the type of equipment last regularly used to serve such point.

(b) In the case of delayed inauguration or an interruption of service caused by a strike, the holder shall give immediate notice of such interruption to the Board (marked for the attention of the Director, Bureau of Operating Rights).

(c) If service at a point is interrupted or inauguration delayed for more than three (3) consecutive days for reasons beyond the certificate holder's control other than a strike, the holder shall give notice to the Board marked for the attention of Director, Bureau of Operating Rights) within three (3) days following the date of required inauguration of service or suspension, setting forth the date of suspension and a full and complete statement of the reasons therefor.

[ER-348, 27 FR 733, Jan. 25, 1962, as amended by ER-855, 39 FR 18429, May 28, 1974]

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Authority to postpone inauguration or to suspend service, granted pursuant to § 205.6 or § 205.8, may be modified, conditioned or terminated by the Board at any time upon notice but without hearing where the public interest so requires. § 205.10 Effect of failure to provide service.

In the absence of circumstances excusing involuntary postponement or suspension of service (§ 205.8), if for a period of ninety (90) days (or such longer specific period as may have been designated by the Board) any service authorized by a certificate has not been inaugurated, or if for a period of 90 days such a service has not been operated, the Board may direct the carrier to inaugurate or resume service or may, as authorized by section 401(f) of the Act, by order entered after notice and hearing, direct that the holder's certificate shall cease to be effective to the extent of such service.

§ 205.11 Institution of service after suspension or postponement of inauguration: notice to the Board.

When service is inaugurated following postponement of inauguration, of resumed following suspension under either express or automatic authority, immediate notice thereof shall be given to the Board (marked for attention of the Director, Bureau of Operating Rights), stating the time when service was inaugurated or resumed.

[ER-855, 39 FR 18429, May 28, 1974] § 205.12

Strikes; report to be filed.

Within fifteen (15) days following resumption of service after a strike an air carrier shall file a report with the Board (marked for the attention of the Director, Bureau of Operating Rights) containing a list of all flights that were canceled, the date they were canceled, and the date service was restored. (Sec. 204 (a) of the Federal Aviation Act of 1958, as amended. Reorg. Plan No. 3 of 1961.) [ER-855, 39 FR 18429, May 28, 1974]

NOTE: The reporting requirements contained herein have been approved by the Office of Management and Budget in accordance with the Federal Reports Act of 1942.

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