1、42 14 CFR Ch. II (1111 Edition) 215.4 authorization is issued or trade name is registered, and shall not operate or hold out to the public in a name not acknowledged by the Department to be so registered. Minor variations in the use of this name, including abbrevia-tions, contractions, initial lette
2、rs, or other variations of the name that are identifiable with the authorized name, are permitted. Slogans and service marks shall not be considered names for the purpose of this part, and their use is not restricted. 53 FR 17923, May 19, 1988, as amended at 70 FR 25768, May 16, 2005 215.4 Change of
3、 name or use of trade name. (a) Registrations. Any air carrier sub-ject to this part that desires to change the name in which its operating au-thorization has been issued, or to use a trade name, or to obtain initial oper-ating authority must register the name with the Department. The Department wil
4、l construe any application for ini-tial, reissued, or transferred authority as containing a registration of the in-tended name. A separate name reg-istration document need not be filed. A carrier registering use of a trade name, without seeking reissuance of its un-derlying certificate commuter or f
5、or-eign air carrier permit or exemption authority, must file a statement that complies with 302.3 and 302.4 of this chapter registering its intended name with the Air Carrier Fitness Division if it is a U.S. certificated or commuter carrier, or within the Licensing Divi-sion if it is a foreign air c
6、arrier. (b) Montreal Agreement. Each registra-tion under this section shall be accom-panied by three copies of a counterpart to the Montreal Agreement (Agree-ment 18900) (OST Form 4523) signed by the carrier using the proposed name. Upon arrival of the application, the De-partment will place a copy
7、of the signed OST form 4523 in Docket 17325. (Reporting and recordkeeping requirements in paragraph (b) were approved by the Office of Management and Budget under control number 30240064.) 53 FR 17923, May 19, 1988, as amended at 70 FR 25768, May 16, 2005 215.5 Procedure in case of similarity of nam
8、es. The Department will compare the proposed name in any registration filed under this part or in an application for new, reissued, or transferred authority with a list of names used by existing certificated, commuter and foreign di-rect air carriers. The Department will notify the applicant of any
9、other cer-tificated, foreign or commuter carriers that may have an identical or similar name. The registrant must then notify those carriers of its registration. The notification will identify the applicant and state its proposed name or the name requested, area of operation or proposed area of oper
10、ation, type of business, and other pertinent matters. The registrant must then file a certifi-cate of service of the notification with the Department. 215.6 Acknowledgment of registra-tion. After completion of the filing and no-tification requirements of this part, the Department may acknowledge the
11、 registration by notice in the action granting the application for initial op-erating authority, transfer, or reissuance or by separate notice in the case of use of a trade name. Non-action under this provision shall not be con-strued as an adjudication of any rights or liabilities. 53 FR 17923, May
12、 19, 1988, as amended at 70 FR 25768, May 16, 2005 PART 216COMMINGLING OF BLIND SECTOR TRAFFIC BY FOR-EIGN AIR CARRIERS Sec. 216.1 Definitions. 216.2 Applicability. 216.3 Prohibition. 216.4 Special authorizations. 216.5 Existing permits. 216.6 Existing unauthorized operations. AUTHORITY: 49 U.S.C. C
13、hapters 401, 413, 417. SOURCE: ER525, 33 FR 692, Jan. 19, 1968, un-less otherwise noted. 216.1 Definitions. (a) As used in this part, unless the context otherwise requires: VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00052 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSK
14、GBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-43 Office of the Secretary, DOT 216.4 Act means the Federal Aviation Act of 1958, as amended. Blind sector traffic means revenue traffic, carried by a foreign air carrier on a flight
15、 operating in air transpor-tation, which is enplaned at one for-eign point and deplaned at another for-eign point, where at least one of such points is not named as a terminal or intermediate point in the carriers ap-plicable foreign air carrier permit. NOTE: This definition shall not be deemed to i
16、nclude the carriage of authorized beyond homeland traffic (i.e., traffic carried between a point named in a carriers foreign air car-rier permit and a point beyond a homeland terminal point authorized under such per-mit). Revenue traffic means persons, prop-erty or mail carried for compensation or h
17、ire. (b) Terms defined in section 101 of the Act have the meaning expressed in such definitions. 216.2 Applicability. This part sets forth the requirements applicable to foreign air carriers for obtaining a Special Authorization from the Board with respect to any devi-ation from an authorized foreig
18、n air transportation route for the purpose of commingling blind sector traffic with air transportation traffic carried pur-suant to a foreign air carrier permit issued by the Board. The deviation by a foreign air carrier from its authorized route for the purpose of combined car-riage to or from the
19、United States of nonrevenue or other traffic, the car-riage of which does not constitute en-gaging in foreign air transportation, is governed by the provisions of part 375 of this chapter. 216.3 Prohibition. No foreign air carrier shall carry any blind sector traffic, as defined in this part, on any
20、 flight operating in air transportation pursuant to the author-ity of a foreign air carrier permit issued under section 402 of the Act, un-less the combined carriage of such traf-fic has been specifically authorized by such permit, or by a Special Authoriza-tion issued under 216.4. 216.4 Special aut
21、horizations. (a) Applications. Any foreign air car-rier may apply to the Board for a Spe-cial Authorization, as required by this part, for the carriage of blind sector traffic on a particular flight, series of flights, or for a specified or indefinite period of time between specified points. Applica
22、tions shall be submitted di-rectly to the Board, addressed to the attention of the Director, Bureau of International Aviation. One original and two copies in conformity with the requirements of 302.3(b) and 302.4 (a) and (b) of this chapter shall be filed. The applications shall contain a proper ide
23、ntification of the applicant; the flight or flights upon which it is pro-posed to carry such blind sector traffic, including routing, nontraffic stops, and dates or duration of the authority sought; a full description of such traf-fic, and points between which such traffic will be carried; informati
24、on or documentation as to whether the coun-try of which the applicant is a national grants reciprocal privileges to U.S. car-riers; and the reasons for requesting such authorization together with such additional information as will estab-lish that the grant of such authority will otherwise be in the
25、 public interest. Such additional information as may be specifically requested by the Board shall also be furnished. (b) Service. Applications shall be served upon each direct U.S. air carrier certificated to engage in individually ticketed or waybilled foreign air trans-portation over any portion o
26、f the route to which the application pertains, and on such other persons as the Board may require, and proof of such service shall accompany the application as provided in 302.7 of this chapter. No-tice of such applications shall also be published in the Boards Weekly List of Applications Filed. (c)
27、 Memoranda in support or opposi-tion. Any interested person may file a memorandum in support of or in oppo-sition to the grant of an application. Such memorandum shall set forth in detail the reasons why it is believed that the application should be granted or denied and shall be accompanied by such
28、 data, including affidavits, which it is desired that the Board consider. Copies of the memorandum shall be served upon the applicant. Nothing in this subparagraph shall be deemed to preclude the Board from granting or VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00053 Fmt 8010 Sfmt 80
29、10 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-44 14 CFR Ch. II (1111 Edition) 216.5 denying an application when the cir-cumstances so warrant without await-ing the filing of memorand
30、a in support of or in opposition to the application. (d) Time for filing. (1) Applications seeking authority to engage in blind sector operations for a period of 3 months or longer, shall be submitted at least 60 days in advance of the proposed commencement of such operations. Memoranda in response
31、to such an ap-plication shall be submitted within 15 days after the date of filing thereof. (2) Applications seeking authority to engage in blind sector operations for a period less than three months shall be filed at least 20 days in advance of the proposed commencement of such oper-ations, and mem
32、oranda in response thereto within 7 days after the date of filing thereof: Provided, That the Board may consider late filed applications upon a showing of good cause for fail-ure to adhere to this requirement. (e) General procedural requirements. Except as otherwise provided herein, the provisions o
33、f part 302, subpart A, of this chapter shall apply to the extent applicable. (f) Issuance of Special Authorization. A Special Authorization authorizing the carriage of blind sector traffic will be issued only if the Board finds that the proposed carriage is fully consistent with applicable law and t
34、his part, and that grant of such authority would be in the public interest. The application may be granted or denied in whole or in part without hearing, and a Special Authorization made subject to any conditions or limitations, to the extent that such action is deemed by the Board to be in the publ
35、ic interest. Spe-cial Authorizations are not transfer-able. (g) Nature of the privilege conferred. A Special Authorization issued pursuant to this section shall constitute a privi-lege conferred upon a carrier, which may be enjoyed only to the extent that its continued exercise remains in the intere
36、st of the public. Accordingly, any Special Authorization issued pursuant to this section may be revoked, sus-pended, amended or restricted without hearing. (Sec. 204(a) of the Federal Aviation Act of 1958, as amended, 72 Stat. 743 (49 U.S.C. 1324); Reorganization Plan No. 3 of 1961, 75 Stat. 837, 26
37、 FR 5989 (49 U.S.C. 1324 (note) ER525, 33 FR 692, Jan. 19, 1968, as amended by ER910, 40 FR 23844, June 3, 1975; ER1060, 43 FR 34117, Aug. 3, 1978; 65 FR 6456, Feb. 9, 2000 216.5 Existing permits. Foreign aircraft permits issued by the Board under the provisions of part 375 of the Boards Special Reg
38、ulations, authorizing the combined carriage of blind sector traffic as defined in this part, shall continue in effect in accord-ance with their terms until their expi-ration date unless sooner terminated, revoked or modified by the Board. Such permits shall, upon the effective date of this part, be
39、deemed to constitute a Special Authorization issued pursuant to 216.4. 216.6 Existing unauthorized oper-ations. Notwithstanding the provisions of 216.3, if within 30 days after the effec-tive date of this part a carrier files an application for a Special Authorization to continue to perform existing
40、 blind sector operations which have been reg-ularly performed by such carrier com-mencing on a date prior to August 9, 1967, such carrier may continue to en-gage in such blind sector operations until final decision by the Board on such application: Provided, That any such application shall, in addit
41、ion to the requirements of 216.4(a), contain a statement that the carrier is relying upon this section for continuance of preexisting blind sector operations, and shall fully describe such operations in-cluding the date inaugurated, and the frequency and continuity of perform-ance. PART 217REPORTING
42、 TRAFFIC STATISTICS BY FOREIGN AIR CARRIERS IN CIVILIAN SCHED-ULED, CHARTER, AND NON-SCHEDULED SERVICES Sec. 217.1 Definitions. 217.2 Applicability. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00054 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
