Title 14: Aeronautics and Space
PART 201AIR CARRIER AUTHORITY UNDER SUBTITLE VII OF TITLE 49 OF THE
UNITED STATES CODE[AMENDED]
Section Contents
Subpart AApplication Procedures
201.1 Formal requirements.
201.2 Amendments.
201.3 Incorporation by reference.
201.4 General provisions concerning contents.
201.5 Advertising and sales by applicants.
Subpart BCertificate Terms, Conditions, and Limitations
201.6 Applicability.
201.7 General certificate conditions.
Authority: 5 U.S.C. 1008; 49 U.S.C. Chapters 401, 411, 413, 415, 417.
Source: Docket No. 47582, 57 FR 38765, Aug. 27, 1992, unless otherwise
noted.
Subpart AApplication Procedures
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201.1 Formal requirements.
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(a) Applications for certificates of public convenience and necessity
under section 41102 of the Statute and for interstate all-cargo air
transportation certificates under section 41103 of the Statute shall meet
the requirements set forth in part 302 of this chapter as to general
requirements, execution, number of copies, service, and formal
specifications of papers.
(b) Any person desiring to provide air transportation as a commuter air
carrier must comply with the provisions of part 298 of this chapter and
submit data to support a fitness determination in accordance with part 204
of this chapter. An executed original plus two (2) true copies of the
fitness data shall be filed with DOT Dockets, 1200 New Jersey Avenue, SE.,
Washington, DC 205900002. Requests for confidential treatment of
documents should be filed in accordance with the requirements of part 302
of this chapter.
(Approved by the Office of Management and Budget under control number
21060023)
[Docket No. 47582, 57 FR 38765, Aug. 27, 1992, as amended at 60 FR 43523,
Aug. 22, 1995; 64 FR 3212, Jan. 21, 1999; 70 FR 25767, May 16, 2005]
201.2 Amendments.
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If, after receipt of any application, the Department asks the applicant to
supply additional information, such information shall be furnished in the
form of a supplement to the original application.
201.3 Incorporation by reference.
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Incorporation by reference shall be avoided. However, where two or more
applications are filed by a single carrier, lengthy exhibits or other
documents attached to one may be incorporated in the others by reference
if that procedure will substantially reduce the cost to the applicant.
201.4 General provisions concerning contents.
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(a) All pages of an application shall be consecutively numbered, and the
application shall clearly describe and identify each exhibit by a separate
number or symbol. All exhibits shall be deemed to constitute a part of the
application to which they are attached.
(b) All amendments to applications shall be consecutively numbered and
shall comply with the requirements of this part.
(c) Requests for authority to engage in interstate air transportation
shall not be included in the same application with requests for authority
to engage in foreign air transportation. Similarly, requests for authority
to engage in scheduled air transportation under section 41102 of the
Statute shall not be included in the same application with requests for
authority to engage in charter air transportation under section 41102 of
the Statute or with requests for authority to engage in interstate
all-cargo air transportation under section 41103 of the Statute.
(d) Each application shall specify the type or types of service
(passengers, property or mail) to be rendered and whether such services
are to be rendered on scheduled or charter operations.
(e) Each application for foreign scheduled air transportation shall
include an adequate identification of each route for which a certificate
is desired, including the terminal and intermediate points to be included
in the certificate for which application is made.
(f) Each application shall give full and adequate information with respect
to each of the relevant filing requirements set forth in part 204 of this
chapter. In addition, the application may contain such other information
and data as the applicant shall deem necessary or appropriate in order to
acquaint the Department fully with the particular circumstances of its
case; however, the statements contained in an application shall be
restricted to significant and relevant facts.
(Approved by the Office of Management and Budget under control number
21060023)
[Docket No. 47582, 57 FR 38765, Aug. 27, 1992, as amended at 60 FR 43523,
Aug. 22, 1995]
201.5 Advertising and sales by applicants.
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(a) An applicant for new or amended certificate or commuter air carrier
authority shall not:
(1) Advertise, list schedules, or accept reservations for the air
transportation covered by its application until the application has been
approved by the Department; or
(2) Accept payment or issue tickets for the air transportation covered by
its application until the authority or amended authority has become
effective or the Department issues a notice authorizing sales.
(b) An applicant for new or amended certificate or commuter air carrier
authority may not advertise or publish schedule listings for the air
transportation covered by its application after the application has been
approved by the Department (but before all authority issued by DOT,
including the FAA, becomes effective) unless such advertising or schedule
listings prominently state: This service is subject to receipt of
government operating authority.
Subpart BCertificate Terms, Conditions, and Limitations
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201.6 Applicability.
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Unless the certificate or the order authorizing its issuance shall
otherwise provide, such terms, conditions and limitations as are set forth
in this part, and as may from time to time be prescribed by the
Department, shall apply to the exercise of the privileges granted by each
certificate issued under section 41102 or section 41103 of the Statute.
[Docket No. 47582, 57 FR 38765, Aug. 27, 1992, as amended at 60 FR 43523,
Aug. 22, 1995]
201.7 General certificate conditions.
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(a) It shall be a condition upon the holding of a certificate that any
intentional failure by the holder to comply with any provision of Statute
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 41110 of the Statute even though the failure to comply
occurred outside the territorial limits of the United States, except to
the extent that such failure shall be necessitated by an obligation, duty,
or liability imposed by a foreign country.
(b) Failure to file the reports required by part 241, 291, or 298 of this
chapter shall be sufficient grounds to revoke a certificate.
(c) The authority to transport U.S. mail under a certificate is
permissive, unless the Department, by order or rule, directs a carrier or
class of carriers to transport mail on demand of the U.S. Postal Service;
such certificate confers no right to receive subsidy, for the carriage of
mail or otherwise.
(d) An all-cargo air transportation certificate shall confer no right to
carry passengers, other than cargo attendants accompanying a shipment, or
to engage in any air transportation outside the geographical scope of
interstate cargo transportation. Such certificate shall not, however,
restrict the right of the holder to provide scheduled, charter, contract,
or other transportation of cargo, by air, within that geographical scope.
(e) It shall be a condition upon the holding of a certificate that the
holder have and maintain in effect and on file with the Department a
signed counterpart of Agreement 18900 (OST Form 4523), and a tariff (for
those carriers otherwise generally required to file tariffs) that includes
its terms, and that the holder comply with all other requirements of part
203. OST Form 4523 may be obtained from the Office of Aviation Analysis,
Special Authorities Division.
[Docket No. 47582, 57 FR 38765, Aug. 27, 1992, as amended at 60 FR 43523,
Aug. 22, 1995]
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| File Modified | 0000-00-00 |
| File Created | 0000-00-00 |