[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

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]