[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR213.5]

[Page 40]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 213--TERMS, CONDITIONS AND LIMITATIONS OF FOREIGN AIR CARRIER 
PERMITS--Table of Contents
 
Sec. 213.5  Filing and service of schedules and applications for approval of schedules; procedure thereon.

    (a) Number of copies and certificate of service. An original and 
three copies of each schedule, and an original and seven (7) copies of 
application for approval of schedules (Sec. 213.3(e)) shall be filed 
with the Department, each setting forth the names and addresses of the 
persons, if any, required to be served, and stating that service has 
been made on all such persons by personal service or by registered or 
certified mail (if the addressee is located within the United States, 
its territories and possessions) or by registered air mail (if the 
addressee is located outside the United States, its territories and 
possessions) and the date of such service. 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 
and serve upon the foreign air carrier a memorandum in opposition to, or 
in support of, schedules or an application for approval of schedules 
within 10 days of the filing opposed or supported. All memoranda shall 
set forth in detail the reasons for the position taken together with a 
statement of economic data and other matters which it is desired that 
the Department officially notice, and affidavits stating other facts 
relied upon. Memoranda shall contain a certificate of service as 
prescribed in paragraph (a) of this section. An executed original and 
seven (7) true copies shall be filed with the Department's Docket 
Facility. Unless otherwise provided by the Department, further pleadings 
will not be entertained.
    (c) Determination and petitions for reconsideration. The Department 
may make its determination upon the application and other pleadings or, 
in its discretion, after hearing. Interested persons seeking 
reconsideration of the Department's determination on an application 
approval of schedules may file a petition pursuant to Rule 14 of part 
302 of this chapter within 10 days of Department action. Any interested 
person may file an answer in opposition to, or in support of, the 
petition within 10 days after it is filed. An executed original and 19 
copies of such petition for reconsideration or memorandum shall be filed 
with the Docket Facility. All petitions for reconsideration shall 
contain a certificate of service in the form prescribed by paragraph (a) 
of this section. Unless ordered by the Department upon application or 
upon its own motion, further pleadings will not be entertained.

[ER-624, 35 FR 8881, June 9, 1970, as amended by ER-644, 35 FR 14382, 
Sept. 12, 1970; 61 FR 34725, July 3, 1996; 65 FR 6456, Feb. 9, 2000]