§ 201.6 All-cargo air service carriers"grandfather" applications under section 418 of the Act.

Applications under paragraphs (a) (1) and (a) (2) of section 418 shall comply with the provisions of §§ 201.1, 201.2, 201.3 and 201.4(a) of this part. Such applications shall be accompanied by an application fee of $15 (in the form of a check, draft, or postal money order, payable to the Civil Aeronautics Board) and shall contain the following information:

(a) The full name and address of the applicant, and, if the applicant is not a natural person, the form of applicant's organization (corporation, partnership, etc.) and the State under whose laws the applicant has been organized.

(b) A statement that the applicant is a citizen of the United States as defined by section 101(13) of the Act. Unless the applicant's officers, directors, and owners are now subject to, and in compliance with, Part 245 of this subchapter, the applicant shall state the name, address and citizenship of all its officers and directors, and of all persons owning or controlling 5 percent or more of its voting interest.

(c) If the applicant has a valid certifi cate issued under section 401 (d) (1) of the Act and has provided scheduled allcargo air service at any time between January 1, 1977, and November 9, 1977, the applicant shall so state and shall furnish adequate evidence in support. The evidence shall preferably be from a document subject to official notice under § 302.24 (m) of this chapter.

(d) If the applicant operates pursuant to an exemption granted by the Board under section 416 of the Act, and if the applicant or its predecessor in interest has provided scheduled all-cargo air service continuously (other than for interruptions caused by labor disputes) during the 12 month period ending November 9, 1977, then the applicant shall identify (by order number, registration number, etc.) its authority, shall state that it has provided service as described above, and shall furnish adequate evidence in support. The evidence shall preferably be from a document subject to official notice under § 302.24 (m) of this chapter. If any part of the service on which the application is based was provided by a predecessor in interest, the applicant shall also supply the information required by this paragraph for that predecessor in interest.

(e) The applicant shall state whether it has in effect liability insurance cover. age satisfying the requirements of Subpart E of Part 298 of this subchapter (14 CFR § 298.41-.45) and whether it has on file with the Board a certificate or certificates of insurance as required by § 298.41(a). If the carrier does not have such a certificate on file, it shall describe all policies in force, including the names of all insurers, the liability limits, any exclusions from liability (other than exclusions permitted by § 298.44), and the termination date of each policy.

(f) Each applicant shall promptly furnish any additional information pertinent to its application that the Board or its staff may request.

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ECONOMIC REGULATIONS

Part 202

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.

§ 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 service 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 as to scheduled stops-interstate and overseas air transportation.

(a) With respect to any flight scheduled to carry passengers in interstate or overseas air transportation, a stop at a point within the continental United States shall not be scheduled to exceed 45 minutes, if the origination or termination of such flight at such point is prohibited by any restriction in the certificate: Provided, That where the scheduled stop is at a point which is specified as a "large hub" city in the most recent edition of "Airport Activity Statistics of Certificated Route Carriers," the scheduled stop shall not be scheduled to exceed one hour.

(b) With respect to any flight scheduled to carry only property or mail in interstate or overseas air transportation, a stop at a point within the continental United States shall not be scheduled to exceed two hours, if the origination or termination of such flight at such point is prohibited by any restriction in the certificate.

(c) With respect to interstate or overseas air transportation, a certificate containing a condition or restriction which has the effect of permitting the origination of a flight only at a certain point or points shall not be deemed to permit an increase in passenger or property-carrying capacity (by change of gauge, substitution of equipment, addition of extra sections, or otherwise) on any such flight

at any point other than a point at which the origination of such flight is authorized. A certificate containing a condition or restriction which has the effect of permitting the termination of a flight only at a certain point or points shall not be deemed to permit a decrease in passenger or property-carrying capacity on any such flight at any point other than a point at which the termination of such flight is authorized. With respect to a particular flight, a point shall not be deemed to be beyond another specified point within the meaning of such condition or restriction unless the holder serves such other specified point on such flight or omits service thereto pursuant to regulation or other specific authorization (such as authority to render nonstop service, or to suspend service to such point) of the Board.

§ 202.13 Airport Notice; application for permission to use an airport; automatic revocation and Termination of Service Notice; Airport Noticeforeign air transportation-change required by foreign country.

(a) Airport Notice. An Airport Notice is required to be filed with the Board if the holder of a certificate desires to serve regularly a point named in such certificate, or a point which the holder is otherwise authorized to serve regularly, through an airport not then regularly used or authorized to be used by the holder to serve such point: Provided, however, That if the holder of a certificate desires to serve a point through an airport through which it already serves another point on its route, and to retain both points in its certificate, the holder is required to file with the Board an Application for Permission to Use an Airport (see §202.13(b)); and such holder shall not file an Airport Notice. Airport Notices and Applications for Permission to Use an Airport are not required of Alaskan air carriers, holders of certificates authorizing use of rotary wing aircraft only, and holders of certificates limited to communi. ty center service and interairport service. When an Airport Notice is required hereunder, the certificate 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 Notice; 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 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 Airport Notice is set forth in Appendix A. The use of Buch 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 an 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 air carrier at one of the two airports. This prohibition does not apply to the carriage between airports of through traffic which the air carrier performing the interairport service receives from, or transfers to, one of its own flights.

(b) Application for permission to use an airport. (1) Where an air carrier seeks to serve a point through an airport through which it already serves another point on its route and to retain both points in its certificate, it shall file with the Board an Application for Permission to Use an Airport.

(2) Following notification by the Board that the use of an airport proposed in an Airport Notice filed pursuant to § 202.13(a) may adversely affect the public interest, the air carrier may file an Application for Permission to Use an Airport.

----

An application filed pursuant to either subparagraph (1) or (2) of 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 oficially notice, and shall contain a notice to the persons served that they may, within 20 days of the date the application was fled, Ale and serve memoranda in support of, or in opposition to, the application.

(c) Automatic revocation and Termination of Service Notice. (1) Where a certificate holder has been authorized to serve a point located in the United States regularly through two or more airports, failure to provide regularly scheduled 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: (1) Nonuse of an airport for any period in which regularly scheduled service is offered through

the airport on a flag-stop 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 subchapter.

(2) A carrier's suspension of service to a point located in the United States for one year, pursuant to a provision in its certificate or pursuant to Board order or exemption, 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.

(d) Airport Notice-foreign air transportation-change required by foreign country. (1) If at any time the holder of a certificate is required, in order to comply with any obligation, duty, or liability imposed by any foreign country, to serve regularly a point or points in such foreign country through any airport not then regularly used by such holder, such holder shall file with the Board notice of such requirement: Provided, however, That this paragraph shall not apply to any obligation, duty or liability arising out of a contract or other agreement entered into between any air carrier or any officer or representative thereof, and any foreign country, if such contract or agreement shall have been disapproved by the Board as being contrary to the public interest.

(2) Such notice shall be filed within 20 days after the air carrier shall have been advised of such requirement; shall be conspicuously entitled Airport Notice-Foreign

Air TransportationChange Required by Foreign Country; and shall fully set forth the facts and circumstances relating to such requirement. The use of such airport may be inaugurated immediately upon the filing of such notice and may be continued unless and until the Board, after notice and public hearing, shall disapprove the use of such airport as being contrary to the public interest, or unless and until the Board shall find, after investigation, that such requirement of the foreign country is not in effect.

§ 202.14 Application for change in serv. ice pattern-interstate and overseas air transportation.

(a) Applicability. This section shall be applicable only to certificates authorizing interstate and/or overseas air transportation which contain a condition requiring that each trip operated by the holder of the certificate between points named in the route or a segment thereof shall (subject to exceptions set forth in such certificate) serve each terminal and intermediate point.

(b) Application for change in service pattern. If at any time the holder of such a certificate desires to establish a service pattern omitting one or more of the points served or required to be served pursuant to such condition of the certificate, the holder shall make application to the Board for approval thereof. Such application shall be conspicuously ice Pattern, and shall set forth the facts entitled Application for Change in Servrelied upon to establish that the proposed service pattern is in the public interest and consistent with the holder's performance of a local air transportation service. Such application shall contain a statement of matters which the applicant desires the Board to officially notice, and a detailed analysis of the anticipated effect of such authorization on the operating results of the holder, including, but not limited to, the following economic and operating data on an annual basis: (1) Present and proposed schedules, by type of aircraft;

(2) Number of departures, planemiles, passengers, and passenger-miles;

(3) Estimate of self-diversion or diversion from other carriers, if applicable;

(4) Anticipated operating revenues; operating expenses, computed according (5) Estimate of impact of proposal on to Subpart K of Part 302 of this chapter;

(6) Estimate of allowance for return on investment and taxes, computed according to Subpart K of Part 302 of this chapter;

(7) Increase or decrease in subsidy requirements; and

(8) Increase or decrease in subsidy payments under the applicable class rate formula.

The application shall also 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. The Board will grant such application to such extent, for such periods of time, and subject to such conditions as the Board deems proper and adequate, if it finds that such conditions and the proposed service pattern are in the public interest and consistent with the holder's performance of a local air transportation service.

§ 202.15 Application for change in Approved Service Plan-foreign air transportation.

If the holder of a certificate author

izing it to engage in foreign air transportation to a general area desires, as part of its approved service plan, to en

gage in foreign air transportation to a point in such area not then included in its approved service plan, or to cease to engage in foreign air transportation to a point in such area not then included in its approved service plan, such holder shall make application to the Board for approval therefor. Such application shall be conspicuously entitled Application for Change in Approved Service Plan-Foreign Air Transportation, shall clearly describe such point, its location, the segment of the approved service plan to which such point is to be added or from which it is to be removed, and shall set forth the facts relied upon to establish that the proposed change in the approved service plan is in the public interest. After the filing of such application the holder may submit to the Board additional information in support of such application. The Board will grant such application if it finds that such proposed change in the approved service plan is not inconsistent with the public interest.

§ 202.16 Notice of additional stop required by foreign country; Notice of Terminal Change Required by Foreign Country.

(a) If, at any time, the holder of a certificate is required, in order to comply with any obligation, duty or liability imposed by any foreign country: (1) To add a stop at a point not named in the certificate, or not included in the approved service plan, and situated in such foreign country; or (2) to change the terminal #point in such foreign country; such holder shall file with the Board notice of such requirement: Provided, however, That this section shall not apply to any = obligation, duty, or liability arising out of a contract or other agreement entered into between an air carrier or any officer, or representative thereof, and any foreign country, if such contract or agreement shall have been disapproved by the Board as being contrary to the public interest.

(b) Such notice shall be filed within 20 days after the air carrier shall have been advised of such requirement. The notice shall be conspicuously entitled Notice of Additional Stop Required by Foreign Country or Notice of Terminal Change Required by Foreign Country, as the case may be, and shall fully set forth the facts and circumstances relating to such requirement. Service in accordance with the notice may be inaugurated immediately upon the filing of such notice and may be continued unless and until the Board, after notice and public hearing, shall disapprove such service as being contrary to the public interest, or unless and until the Board shall find, after investigation, that such requirement of the foreign country is not in effect.

§ 202.21 Filing and service of documents; procedures thereon; petitions for reconsideration.

(a) Number of copies and certificate of service. An executed original and three

copies of each notice and an original and

nineteen copies of each application required by this part

shall be filed with the Board, marked for the attention of the Director, Bureau of Operating Rights (except matters pertaining to operations predominantly in foreign air transportation, which shall be marked for the attention of the Director, Bureau of International Aviation),

each setting forth the names and addresses of the persons required to be served (see § 202.22) and certifying that service has been made pursuant to this part on all such persons by personal service or by registered or certified mail, and the date of such sevice. In the case of service by mail, the date of mailing shall be considered the date of service.

(b) Pleadings by interested persons. Any interested person may file with the Board a memorandum in opposition to, or in support of, an Airport Notice (except an Airport Notice-Foreign Air Transportation-Change Required by Foreign Country), Application for Permission to Use an Airport, or Application for Change in Service Pattern within 15 days of the filing of such a notice or within 20 days of the filing of such an application. Such memoranda shall be served on the air carrier filing the notice or application and on those persons required to be served under §§ 202.22(a), (b), (c), or (d), as the case may be. Such memoranda shall set forth in detail the reasons for the position taken, with a statement of economic data and other matters which it is desired that the Board shall officially notice. An original and three copies of memoranda concerning such a notice and an original and 19 copies of memoranda concerning such applications shall be filed with the Board, marked for the attention of the Director, Bureau of Operating Rights (except matters pertaining to operations predominantly in foreign air transportation, which shall be marked for the attention of the Director, Bureau of International Aviation). Unless or

dered by the Board, upon application or upon its own motion, further pleadings will not be entertained, except as provided in paragraph (c).

(c) Petitions for reconsideration. A petition for reconsideration of the Board's determination on an Application for Permission to Use an Airport or an Application for Change in Service Pattern may be filed by any interested person within ten days after the date thereof. Except for the date of filing, such petitions shall conform to the provisions of Rule 37 of the rules of practice (302.37 of this chapter). Any interested person may file a memorandum in opposition to, or in support of, the

petition within ten days after it is filled. An original and nineteen copies of such petition or memorandum shall be filled with the Docket Section, and copies thereof shall be served upon the applicant air carrier (where the petition or memorandum is filed by other than the applicant) and upon the persons described in 202.22(a), (b), (c), or (d), as the case may be. Unless ordered by the Board, upon application or upon its own motion, further pleadings will not be entertained.

§ 202.22

Persons upon whom notices and applications must be served.

(a) A copy of each notice or application required by this part shall be served upon such persons as the Board may designate in a particular case and, as the case may be, upon the persons specified in paragraphs (b), (c), (d), (e), or (f) of this section.

(b) A copy of each Airport Notice, Application for Permission to Use an Airport, and Termination of Service Notice 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

T.S. 5

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 (2) Each scheduled air carrier which regularly renders service to or from such

T.S. 1

Give exact longitude and latitude of the airport to be served (applicable only if the airport is not already being used by an 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 filed with the Board within 15 days of the date of Aling hereof. Such memoranda shall be served on the applicant carrier and the persons on whom this notice has been served.

Point Airport

(Signature) (Title)

CERTIFICATE OF SERVICE (Foreign Air Transportation)

I hereby certify that I have this day served (state manner of service) copies of this air. port notice on the Postmaster General marked for the attention of the Director. Logistics Department (if the holder's certif icate authorizes the transportation of mail): the Secretary of State, marked for the attention of Director, Ofice 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 man. agers 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: ...

--

-

--

(name and address).

(Signature) (Title)

NOTE: The application requirements con tained in §§ 202.13(a), 202.13(b), 202.14(b) and 202.15 and the reporting requirements contained in §§ 202.13(c), 202.13(d) and 202.16(a)(b) have been approved by the U.S. General Accounting Office under number B-180226 (R0523).