the holder of a permit desires to serve regularly a point in the United States, its territories or possessions named in such permit, through an airport not then regularly used or authorized to be used by the holder to serve such point. Such application shall conform in all respects to the procedure set forth in paragraphs (b) and (c) of this section and 213.5. When an airport notice is required hereunder, the permit 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 NoticeForeign Air Transportation"; 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 Part 202 of this chapter or a foreign 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 the airport notice is set forth in Appendix A to this part. 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 a foreign 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 carrier at one of the two airports. This prohibition does not apply to the carriage between airports of through traffic which the foreign air carrier performing the interairport service receives from, or transfers to, one of its own flights.

(b) Application for permission to use an airport. Following notification by the Board that the use of an airport proposed in an airport notice filed pursuant to paragraph (a) of this section may adversely affect the public interest, the Toreign air carrier may file an application for permission to use such airport. An application filed pursuant to this paragraph 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.

(1)

(b-1) Automatic revocation. Where a permit holder has been authorized to serve a point located in the United States regularly through two or more airports, failure to provide regularly scheduled foreign 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 flagstop 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 chapter.

(2) A carrier's suspension of service to a point located in the United States for 1 year, pursuant to a provision in its permit or pursuant to Board order, shall revoke any authorization to use an airport to serve that point. 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.

(3) Within 30 days after the day a carrier's airport authorization is automatically revoked by the terms of this section, the carrier shall file with the Board a notice conspicuously entitled "Termination of Service Notice," setting forth, as a minimum amount of information, the name of the airport and date of cessation of regular service. A recommended format of the Termination of Service Notice is set forth in Appendix B to this part...

(c) Persons to be served. A copy of each airport notice, application for permission to use an airport, or termination of service notice, filed with the Board pursuant to this part by a permit holder, shall be served upon such persons as the Board may designate in a particular case, and shall be served upon the following persons in all cases:

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

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

marked for attention of Commissioner of Customs, Bureau of Customs;

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

(5) The Federal Aviation Administration, marked for attention of Director of Airport Services;

(6) The chief executive of any State, territory, or possession of the United

§ 213.5

Filing of schedules and applica. tions for approval of schedules; âling and service of airport notices and applications for permission to use an airport; procedure thereon.

(a) Number of copies and certificate of service. An original and three copies of each airport notice or each schedule, and an original and 19 copies of each application for permission to use an airport (§ 213.4(b)) or application for approval of schedules (§ 213.3(e)) shall be filed with the Board, each setting forth the names and addresses of the persons, if any, required to be served, and stating that service has been made on all such persons by personal service or by registered or certified mail (if the addressee is located within the United States, its territories and possessions) or by registered air mail (if the addressee is located outside the United States, its territories and possessions) and the date of such service, In the case of service by mail, the date of mailing shall be considered the date of service. Each copy of an airport notice or application for permission to use an airport served pursuant to this part shall state that such service is made pursuant to this part.

States in which is located any point with respect to which an application or notice pursuant to this part has been filed: Provided, however, That if there be a State commission or agency having jurisdiction over transportation by air, the application or notice shall be served on such commission or agency rather than on the chief executive of the State;

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

(8) 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.

(b) Pleadings by interested persons. Any interested person may file and serve upon the foreign air carrier a memorandum in opposition to, or in support of, schedules, airport notice or application for permission to use an airport or for approval of schedules within 15 days of the filing of the airport notice, within 20 days of the filing of the application for permission to use an airport, or within

10 days of the filing of schedules or applications for approval of schedules. In the case of an airport notice or application for permission to use an airport, memoranda in support of or in opposition thereto shall also be served on the persons described in § 213.4(c). All memoranda shall set forth in detail the reasons for the position therein taken, with a statement of economic data and other matters which it is desired that the Board shall officially notice, and affidavits stating such other facts as are relied upon. Memoranda filed pursuant to this paragraph shall contain a certificate of service in the form prescribed by paragraph (a) of this section. An executed original and three copies in the case of schedules or airport notices, 19 copies in the case of applications for permission to use an airport or approval of schedules, shall be filed with the Docket Section of the Board. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained.

(c) Determination and petitions for reconsideration. The Board may make its determination upon the application and other pleadings or, in its discretion, after hearing. Interested persons seeking reconsideration of the Board's determination on an application for permission to use an airport or approval of schedules may file a petition pursuant to Rule 37 of Part 302 of this chapter within 10 days of Board action. Any interested person may file an answer in opposition to, or in support of, the petition within 10 days after it is filed. An executed original and 19 copies of such petition for reconsideration or memorandum shall be filled with the Docket Section. Petitions for reconsideration of the Board's determination on an application for permission to use an airport and answers thereto shall be served upon the relevant persons described in § 213.4(c), the foreign air carrier, and any other persons who have filed pleadings in the proceeding. All petitions for reconsideration shall contain a certificate of service in the form prescribed by paragraph (a) of this section. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained.

tations of such permit: Provided, That upon a showing that a violation of a provision not mandatorily prescribed by law resulted from the observance by the holder of an obligation, duty or liability imposed by a foreign country, the Board may excuse the violation.

APPENDIX A

RECOMMENDED AIRPORT NOTICE-FOREIGN AIR TRANSPORTATION

Date

To: Director, Bureau of Operating Rights, Civil Aeronautics Board, Washington, D.C. 20428

Re: Airport notice filed pursuant to Part 213 of economic regulations.

DEAR SIR: Transmitted herewith are an original and three copies of this notice to advise that (foreign air carrier) intends to inaugurate service to the following points through the following airports: Point

Airport

Service to be inaugurated on or after... Give exact longitude and latitude of the airport to be served (applicable only if airport is not already being used by an air carrier pursuant to Part 202 (14 CFR Part 202) or by a foreign air carrier pursuant to this part).

Indicate whether waiver of 30-day provision is requested..........

NOTICE: The regulations of the Civil Aeronautics Board provide that memoranda in support of or in opposition to this airport notice may be filled with the addressee above within 15 days of the date of fling hereof. Such memoranda shall be served on the applicant carrier and the persons on whom this notice has been served.

(Signature)

(Title)

CERTIFICATE OF SERVICE

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 permit authorizes the transportation of mail); the Secretary of State, marked for the attention of Director, Office of Aviation; the Secretary of the Treasury, marked for the attention of Commissioner of Customs, Bureau of Customs; 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 (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); and the following scheduled foreign air carriers and scheduled air carriers; (name and address).

(Signature) (Title)

CERTIFICATE OF SERVICE

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 permit authorizes the transportation of mail); the Secretary of State, marked for the attention of Director, Office of Aviation; the Secretary of the Treasury, marked for the attention of Commissioner of Customs, Bureau of Customs; the Federal Aviation AdLinistration for the attention of the Director, Airport Services; the Mayor or Chief Executive of the cities of ....... (address), and the Governor of the State (address), (or the State comnission or agency having jurisdiction of transportation by air within the State of (address)); the airport man

agers of the following airports

(airport name and address); and the following scheduled foreign air carriers and scheduled air carriers:

and address).

(name

(Signature)

(Title)

T.S. 17

(b) "Charter flight" means air transportation performed pursuant to § 214.7. (c) "Pro rata charter" means a charter the cost of which is divided among the passengers transported.

(d) "Single entity charter" means a charter the cost of which is borne by the charterer and not by individual passengers, directly or indirectly.

(e) "Mixed charter" means a charter the cost of which is borne, or pursuant to contract may be borne, partly by the charter participants and partly by the charterer.

ог

(f) "Person" means any individual, firm, association, partnership, corporation.

(g) "Travel agent" means any person engaged in the formation of groups for transportation, or in the solicitation or sale of transportation services.

(a) A waiver of any of the provisions of this part may be granted by the Board upon the submission by a foreign air carrier of a written request therefor not less than 30 days prior to the flight to which it relates provided such waiver is in the public interest and it appears to the Board that special or unusual circumstances warrant a departure from the provisions set forth herein. Notwithstanding the foregoing, waiver applications filed less than 30 days prior to a flight may be accepted by the Board in emergency situations in which the circumstances warranting a waiver did not exist 30 days before the flight.

(b) A request for a waiver of any of the provisions of § 214.18 shall be accompanied by a list of the names, addresses, and telephone numbers of all the passengers on the flight to which the request relates.

(d) Every foreign air carrier shall make the documents listed in this section available in the United States upon request by an authorized respresentative of the Board or the Federal Aviation Administration and shall permit such representative to make such notes and copies thereof as he deems appropriate: Provided, That the documents described in paragraph (a) (2) (4) of this section shall be submitted so as to be received by the Board within 48 hours after receipt by the carrier of a written request therefor from the Director, Bureau of Enforcement.

transportation or the solicitation or sale of transportation services) for the transportation of a group of persons, as agent or representative of such group;

(iii) By an overseas military personnel charter operator as defined in Part 372 of this chapter, or

(iv) By a charter operator or foreign charter operator as defined in Part 380 of this chapter,

(2) Where transportation is performed on a time, mileage, or trip basis in accordance with Subpart D. Any person may engage all or any portion of an aircraft from a direct foreign carrier. However, the direct carrier must specify in its charter prospectus (§ 380.28) the number of seats available for sale directly to the general public, and if that number is less than the entire capacity of the aircraft configured for passengers, the remaining seats must be engaged as provided in paragraph (a)(1) of this

section.

(a) Every foreign air carrier operating pursuant to this part shall retain true copies of the following documents at its principal or general office for the following periods:

(1) Every charter contract: 2 years; (2) All passenger lists including those filed by charterers: 2 years; and

(3) Proof of commission paid to any travel agent by the carrier: 2 years.

(4) Every statement of supporting information: Two years.

(5) The written confirmation, and accompanying passenger list, received from another carrier pursuant to § 214.18(b), and a copy of the written request, and accompanying passenger list, to such other carrier for such confirmation: 2 years.

(c) Each foreign air carrier operating pursuant to this part shall, pursuant to Part 223 of this subchapter, maintain for 3 years in its general offices a record of all passes issued by it and used for free or reduced-rate transportation over its routes.

§ 214.7 Charter flight limitations.

(a) Passenger charter flights shall be limited to foreign air transportation performed by a direct foreign air carrier-

(1) Where all or part of the capacity of an aircraft has been engaged on a time, mileage, or trip basis by any of the following persons, except that the passenger charterers must together engage all of that portion of the capacity of the aircraft configured for passengers other than any portion intended by the carrier for direct sales to the general public under paragraph (a)(2) of this section:

(i) By a person for his own use (including a direct air carrier or direct foreign air carrier when such aircraft is engaged solely for the transportation o company personnel and their personal baggage, or for the transportation of commercial traffic; except that emergency charters of commercial traffic shall be reported in accordance. with § 214.5);

(ii) By a person (no part of whose business is the formation of groups or the consolidation of shipments for

T.S. 44

214-2

(ER-1193, 9-6-80)