1、383 Office of the Secretary, DOT 377.4 PART 377CONTINUANCE OF EX-PIRED AUTHORIZATIONS BY OP-ERATION OF LAW PENDING FINAL DETERMINATION OF APPLI-CATIONS FOR RENEWAL THERE-OF Subpart AGeneral Provisions Sec. 377.1 Definitions. 377.2 Applicability of part. 377.3 Authorizations not covered by 5 U.S.C. 5
2、58(c). 377.4 Certain authorizations with alter-native termination dates. 377.5 Procedure to obtain Board interpreta-tion. Subpart BRenewal Applications and Procedure Thereon 377.10 Requirements for, and effect of, re-newal applications. 377.11 Processing of defective renewal appli-cations. AUTHORITY
3、 49 U.S.C. Chapters 401, 461; 5 U.S.C. 558, 559. Subpart AGeneral Provisions 377.1 Definitions. As used in this part: Authorization means any agency cer-tificate, approval, statutory exemption or other form of permission granted pursuant to sections 101(3), 401, 402, 408, 409, 412 and 416 of the Fe
4、deral Aviation Act of 1958, as amended. Where any op-erating authorization creates more than one separate route, each of these shall be deemed a separate authoriza-tion for the purposes of this part. Renewal application means any appli-cation filed in conformity with the re-quirements of this part w
5、hich requests either a renewal or a new license and is intended to invoke the provisions of the last sentence of 5 U.S.C. 558(c). Route means an authorization which permits an air carrier to render unlim-ited regularly scheduled service be-tween a specifically designated pair of terminal points and
6、intermediate points, if any. SPR84, 40 FR 24998, June 12, 1975, as amend-ed by SPR184, 47 FR 7212, Feb. 18, 1982 377.2 Applicability of part. (a) This part implements the last sentence of 5 U.S.C. 558(c) with regard to temporary authorizations granted by the Board. NOTE: The last sentence of 5 U.S.C
7、 558(c) provides: When the licensee has made time-ly and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency. (b) Nothing
8、 in this part prevents the Board from terminating at any time, in accordance with law, any authorization or any extension of an authorization. (c) Nothing in this part constitutes a determination that any given author-ization is a license with reference to an activity of a continuing nature within t
9、he meaning of 5 U.S.C. 558(c). SPR184, 47 FR 7212, Feb. 18, 1982 377.3 Authorizations not covered by 5 U.S.C. 558(c). The Board hereby determines that the following authorizations are not li-censes with reference to an activity of a continuing nature within the mean-ing of 5 U.S.C. 558(c): (a) Autho
10、rizations granted for a spec-ified period of 180 days or less; and (b) Authorizations, other than those granted under section 401 of the Act, that by their terms are subject to ter-mination at an uncertain date upon the happening of an event, including ful-fillment of a condition subsequent or occur
11、rence of a contingency. SPR184, 47 FR 7212, Feb. 18, 1982 377.4 Certain authorizations with al-ternative termination dates. Unless granted under section 401 of the Act, an authorization that by its terms is subject to termination alter-natively, either at an uncertain date upon the happening of an e
12、vent or upon the arrival of a specified date: (a) Will not be considered a license with reference to an activity of a con-tinuing nature within the meaning of 5 U.S.C. 558(c), if the event occurs be-fore the specified date; and (b) Ordinarily (subject to Board in-terpretation under 377.5) will be co
13、n-sidered such a license, if the event does not occur before the specified date and VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00393 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted
14、without license from IHS-,-,-384 14 CFR Ch. II (1111 Edition) 377.5 that date is more than 180 days after the effective date of the authorization. SPR184, 47 FR 7212, Feb. 18, 1982 377.5 Procedure to obtain Board in-terpretation. (a) The Board will determine upon written request by the holder of a t
15、em-porary authorization or by any com-petitively affected air carrier or for-eign air carrier, or upon its own initia-tive, whether the temporary authoriza-tion is a license with reference to an activity of a continuing nature within the meaning of 5 U.S.C. 558(c). (b) A written request for such a B
16、oard determination shall be filed at least 60 days before the deadline set forth in 377.10 for a timely renewal ap-plication. (c) The filing of such a written re-quest shall not affect the timeliness re-quirements for renewal applications that are set forth in 377.10 or any other applicable Board ru
17、le or order. SPR184, 47 FR 7212, Feb. 18, 1982 Subpart BRenewal Applications and Procedure Thereon 377.10 Requirements for, and effect of, renewal applications. (a) Identification of authorization cov-ered by renewal application. Each re-newal application shall identify the au-thorization or authori
18、zations to which it is intended to relate. The application shall indicate the applicants intention to rely upon 5 U.S.C. 558(c) as imple-mented by this part. In case of applica-tions for renewal of an authorization for route service, the renewal applica-tion shall specifically identify the sep-arate
19、 routes which the applicant pro-poses to continue serving pursuant to the expiring authorization, pending final determination of the renewal ap-plication. (b) Contents of renewal application. The application must contain all the information required by law and the Boards regulations, and meet the re
20、quirements thereof as to form. The new authorization sought need not be of the same duration as the expiring author-ization. If the application relates to re-newal of route authority, it must con-tain, as a minimum, a request for re-newed authority to render route serv-ice between the terminals nam
21、ed in each separate route for which renewal is requested. (c) Timeliness. The application must be filed and served in compliance with applicable law and the Boards regula-tions at least 60 days before the expira-tion date of the outstanding temporary authorization, except that: (1) For certificates
22、issued under sec-tion 401 of the Act with a specified ex-piration date, the deadline is 180 days before the expiration date; (2) For certificates issued under sec-tion 401 of the Act that terminate by their terms upon the happening of an event that could not be foreseen, the deadline is 30 days afte
23、r the time that the carrier has notice that the event will occur or has occurred; (3) For foreign air carrier permits issued under section 402 of the Act and exemptions issued under section 416 to non-U.S. citizens, the deadline is the expiration date itself; (4) For renewal by substantially equival
24、ent certificate authority of fixed term route authorizations grant-ed by exemption and for interim exten-sion of the exemption, pursuant to 399.18 of this chapter, the deadline is 90 days before the expiration date; and (5) Nothing in this part supersedes a requirement for earlier filing contained i
25、n any law, Board rule or order, or tem-porary authorization. (d) Effect. In the case of authoriza-tions which constitute licenses with reference to activities of a continuing nature within the meaning of 5 U.S.C. 558(c), the filing of an application com-plying in all respects with the require-ments
26、of paragraphs (a) through (c) of this section shall extend the authoriza-tion to which it relates as then out-standing in its entirety, together with all applicable terms, conditions and limitations, until the application has been finally determined by the Board. In the case of routes granted under
27、sec-tion 401 of the Act, the duty to render adequate service continues to attach to every point as provided in the expired authorization which is extended pursu-ant to this provision. The date of final determination of the application shall be the date when the final order deter-mining the applicati
28、on takes effect, or VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00394 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-,-,-385 Office of the Secretary, DOT 38
29、0.1 when the applicable period for filing of petitions for rehearing, reargument or reconsideration expires, or when a timely filed petition therefor is denied, whichever occurs latest. SPR84, 40 FR 24998, June 12, 1975, as amend-ed by SPR184, 47 FR 7212, Feb. 18, 1982; 65 FR 6457, Feb. 9, 2000 377.
30、11 Processing of defective re-newal applications. When the Board determines that a re-newal application does not comply with the requirements of this part, or that it does not relate to a license with reference to an activity of a continuing nature, it will so notify the applicant. The applicant may
31、 amend his applica-tion to cure the deficiency as a matter of right at any time prior to the date when the application was due pursuant to 377.10(c). SPR84, 40 FR 24998, June 12, 1975 PART 380PUBLIC CHARTERS Subpart AGeneral Provisions Sec. 380.1 Applicability. 380.2 Definitions. 380.3 General provi
32、sions. 380.4 Enforcement. Subpart BConditions and Limitations 380.10 Public Charter requirements. 380.11 Payment to direct air carrier(s). 380.12 Cancellation by charter operator and notice to participants. 380.13 Prohibition on sale of round trips with open returns. 380.14 Unused space. 380.15 Subs
33、titution for charter participants. 380.17 Charters conducted by educational institutions. Subpart CRequirements Applicable to Charter Operators 380.20 Relief from the Statute. 380.21380.23 Reserved 380.24 Suspension of exemption authority. 380.25 Prospectus filing and related require-ments. 380.26 D
34、iscrimination. 380.27 Methods of competition. 380.28 Charter prospectus. 380.29 Charter contract. 380.30 Solicitation materials. 380.31 General requirements for operator- participant contracts. 380.32 Specific requirements for operator- participant contracts. 380.33 Major changes in itinerary or pri
35、ce; refunds. 380.33a Operators option plan. 380.34 Security and depository agreements. 380.34a Substitution of direct air carriers security or depository agreement. 380.35 Disbursements from depository ac-count. 380.36 Record retention. Subpart DRequirements Applicable to Direct Air Carriers 380.40
36、Charter not to be performed unless in compliance with this part 380. 380.41380.42 Reserved 380.43 Cancellations by direct air carriers. 380.45 Suspension of exemption authority. 380.46 Charter trip reporting. Subpart ERegistration of Foreign Charter Operators 380.60 Purpose. 380.61 Operation by fore
37、ign charter opera-tors. 380.62 Registration applications. 380.63 Objections to registration applica-tions. 380.64 Department action on a registration application. 380.65 Notification of change of operations or ownership. 380.66 Cancellation or conditioning of the registration. 380.67 Waiver of sover
38、eign immunity. APPENDIX A TO PART 380PUBLIC CHARTER OPERATORS SURETY BOND UNDER PART 380 OF THE SPECIAL REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION (14 CFR PART 380) APPENDIX B TO PART 380PUBLIC CHARTER SURETY TRUST AGREEMENT AUTHORITY: 49 U.S.C. 40101, 40102, 40109, 40113, 41101, 41103, 41301,
39、41504, 41702, 41708, 41712, 46101. SOURCE: Docket No. OST972356, 63 FR 28241, May 22, 1998, unless otherwise noted. Subpart AGeneral Provisions 380.1 Applicability. This part applies to Public Charter air transportation of passengers in interstate or foreign air transpor-tation, whether furnished by
40、 direct air carriers or Public Charter operators. This part also relieves such charter op-erators from various provisions of sub-title VII of Title 49 of the United States Code (statute), formerly Title IV of the Federal Aviation Act of 1958, VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00395 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-,-,-
