nificant and relevant facts. They shall (b) Requests for authority to engage (c) Each application shall give full and adequate information with respect to each of the items set forth in this paragraph. In addition, the application may contain such other information and data as the applicant shall deem neces- sary or appropriate in order to acquaint the Board fully with the particular cir- cumstances of its case. Among other things, every such application shall con- tain the following information: (1) The full name and address of the applicant, the nature of its organization (individual, partnership, corporation, etc.) and the name of the State under the laws of which it is organized. (2) A statement that the applicant is a citizen of the United States as defined by section 1 (13) of the act. It is not required that the application shall con- tain all the evidence which the applicant is prepared to present at the hearing or otherwise in support of such statement, but the application shall at least indi- cate the nature and result of its investi- gations in that matter and the character of the evidence it will be prepared to present in support of citizenship. (3) An adequate identification of each route for which a certificate is desired, (4) A map (which may be attached as (5) A statement as to the type of air- (6) If applicant does not hold a cer- transportation as a common carrier or engaged in any phase of aeronautical (7) If applicant does not hold a cer- tificate of public convenience and neces- sity authorizing air transportation, a statement as to whether or not applicant is currently engaged in air transporta- tion pursuant to the authority granted (8) If the application shows, pursu- ant to subparagraph (7) of this para- graph that the applicant is currently engaged in air transportation pursuant to the authority granted by Part 291 of this subchapter, a statement that all re- ports due under said part from the appli- cant have been filed with the Board and the date or dates thereof. No proceed- ings other than those necessary for amendment or dismissal shall be had on any application which fails to comply with this subparagraph or discloses fail- ure by the applicant to file such a re- AUTHORITY: The provisions of this Part 202 issued under secs. 204, 401, 72 Stat. 743, 754; 49 U.S.C. 1324, 1371, except as otherwise Unless a certificate or the order au- thorizing the issuance of such certificate shall otherwise provide, there shall be attached to the exercise of the privileges granted by each certificate (other than a certificate for supplemental air trans- portation) authorizing an air carrier to engage in interstate or overseas air transportation pursuant to section 401 of the act such terms, conditions, and limitations as are set forth in this part, and as may from time to time be pre- [ER-146, 14 F.R. 3525, June 29, 1949, as Subject to the provisions of section 405(b) of the act, the holder of a cer- tificate may inaugurate scheduled non- stop service between any two points not consecutively named in its certificate (if such certificate authorizes service be- tween such points and does not prohibit nonstop service between them) upon the effective date of a schedule page, show- ing such nonstop service, filled with the Board in accordance with Part 231 of [ER-146, 14 F.R. 3525, June 29, 1949, as (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 reg- ularly, through an airport not then regularly used or authorized to be used by the holder to serve such point: Pro- vided, however, That if the holder of a through an airport through which it already serves another point on its route, and to retain both points in its certifi- cate, the holder is required to file with the Board an application for permission to use an airport; and such holder shall not file an airport notice. Such appli- cation shall conform in all respects to the procedure set forth in paragraphs (b) and (c) of this section and § 202.5. Airport notices and applications for per- mission to use an airport are not required of Alaskan air carriers, holders of cer- tificates authorizing use of rotary wing aircraft only, and holders of certificates limited to community center service and interairport service. When an airport notice is required hereunder, the certifi- cate holder shall file it with the Board at least 30 days prior to the proposed date of inauguration of the use of the air- port. Such notice shall be conspicuously entitled Airport Notice; shall, as a min- imum 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 opposi- tion to, the notice. A recommended format of Airport Notice is set forth below as Appendix A. 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 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 § 202.3(a) may adversely affect the public interest, the air carrier may file an application for permission to use such airport. An application filed pursuant to either subparagraph (1) or (2) of this section 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. (c) Persons to be served. A copy of each airport notice or application for permission to use an airport 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 Assistant Postmaster General Bureau of Transportation; (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 and the airport managers of said airports; (3) The chief executives of the city (or other political subdivision) and of the State, in which are located the currently used airport, the proposed airport, and the point to be served, respectively. (If there be a state commission or agency having jurisdiction of transportation by air, notice shall be served on such commission or agency rather than on the chief executive of the State.) [ER-345, 27 F.R. 559, Jan. 19, 1962, as amended by ER-393, 28 F.R. 9287, Aug. 23, 1963] § 202.4 Service pattern change. (a) Applicability. This section shall be applicable only to certificates 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 written application to the Board for approval thereof. Such application shall be conspicuously entitled Application for Change in Service Pattern, and shall set forth the facts relied 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, a statement of economic data or other matters which it is desired that the Board officially notice. The application shall also contain a notice to the persons served that they may, within twenty days of the date the application was filed, file and serve memo randa 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 condition would prevent a proposed service pattern which is in the public interest and consistent with the holder's performance of a local air transportation service. (c) Service of application. A copy of each Application for Change in Service Pattern 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 the attention of the Assistant Postmaster General-Bureau of Transportation; (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 executives of each point on such route segment and of each State in which are situated the points on such route segment. (If there be a State commission or agency having jurisdiction of transportation by air, notice shall be served on such commission or agency rather than the chief executive of the State.) [ER-146, 14 F.R. 3525, June 29, 1949, as amended by ER-345, 27 F.R. 560, Jan. 19, 1962] § 202.5 Filing and service of airport notices and applications for change in service pattern and permission to use an airport; procedure thereon. (a) Number of copies and certificate of service. An original and three copies of each Airport Notice and an original and nineteen copies of each Application for Change in Service Pattern or application for permission to use an airport shall be filed with the Board, each setting forth the names and addresses of the persons required to be served and stating that service has been made on all such persons by personal service or by registered or certified mail, 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 a notice or application served pursuant to this part shall state that such service is made pursuant to this part. (b) Pleadings by interested persons. Any interested person may file and serve upon the air carrier and those persons required by §§ 202.3 and 202.4 to be served with the airport notice or application for permission to use an airport or for change in service pattern, a memorandum in opposition to, or in support of, such notice or application within 15 days of the filing of airport notices and within 20 days of the filing of an application for permission to use an airport or change of service pattern. Such 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. An executed original and three copies in the case of airport notices, nineteen copies in the case of applications for permission to use an airport or change of service pattern, shall be filed with the Docket Section of the Board. In the case of airport notices, such memoranda shall be marked for the attention of the Chief, Routes and Agreements Division. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained. A (c) Petitions for reconsideration. petition for reconsideration of the Board's determination on an application for permission to use an airport or change in service pattern may be filed by any interested persons within ten days after the date thereof. Except for the date of filing, such petitions shall conform to the provisions of section 37 of Part 302 of the Procedural Regulations. Any interested person may file a memorandum in opposition to, or in support of the petition within ten days after it is filed. An executed original and nineteen copies of such petition for reconsideration or memorandum shall be filed with the Docket Section, and copies thereof shall be served upon the persons described in §§ 202.3 (c) or 202.4(c), as the case may be. Unless ordered by the Board upon application or upon its own motion, further pleadings will not be entertained. [ER-345, 27 F.R. 560, Jan. 19, 1962] § 202.6 Provisions as to scheduled stops. (a) With respect to a flight carrying any passengers in addition to the crew members, a scheduled stop at point within the continental United States shall not be scheduled to exceed 45 minutes on any flight if the origination or termination of such flight at such point is prohibited by any restriction in the certificate. (b) With respect to a flight carrying only property or mail in addition to the crew members, a scheduled stop at a point within the continental United States shall not be scheduled to exceed 2 hours on any flight if the origination or termination of such flight at such point is prohibited by any restriction in the certificate. (c) 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. [ER-146, 14 F.R. 3525; June 29, 1949, as amended by ER-345, 27 FR. 560, Jan. 19, 1962] § 202.7 Failure to comply. It shall be a condition upon the holding of the certificate that any intentional contravention in fact by the holder of the provisions of Title IV of the act or of the orders, rules, or regulations issued thereunder, or of the terms, conditions, and limitations attached to the exercise of the privileges granted by the certificate, even though occurring without the territorial limits 51-028-66- -2 of the United States shall (except to the extent that such contravention in fact, shall be necessitated by an obligation, duty, or liability imposed by a foreign country) be a failure to comply with the terms, conditions, and limitations of the certificate within the meaning of section 401 (g) of the act. [ER-146, 14 F.R. 3526, June 29, 1949, as amended by ER-345, 27 F.R. 560, Jan. 19, 1962] 11 It shall be an express condition upon the operating authority granted by each certificate issued pursuant to section 401 of the Act authorizing an air carrier to engage in interstate or overseas air transportation, that the air carrier concerned, in holding out to the public and in performing air transportation services, shall do so only in a name the use of which is authorized under the provisions of Part 215 of this chapter (Economic Regulations). (Sec. 411, 72 Stat. 769; 49 U.S.C. 1381) [ER387, 28 F.R. 9200, Aug. 21, 1963] APPENDIX A RECOMMENDED AIRPORT NOTICE FORM Date___ To: Chief, Routes and Agreements Division, Re: Airport Notice filed pursuant to Part 202 of Economic Regulations. DEAR SIR: Transmitted herewith are an original and three copies of this notice to advise that (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 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 addressee above within 15 days of the date of filing hereof. Such memoranda shall be served on the applicant carrier and the persons on whom this notice has been served. (Signature) (Title) |