[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: 14CFR302.203]



[Page 298-299]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 302_RULES OF PRACTICE IN PROCEEDINGS--Table of Contents

 

 Subpart B_Rules Applicable to U.S. Air Carrier Certificate and Foreign 

                Air Carrier Permit Licensing Proceedings

 

Sec. 302.203  Service of documents.



    (a) General requirements. (1) Applicants shall serve on the persons 

listed in paragraph (b) of this section a notice that an application has 

been filed, and upon request shall promptly provide those persons with 

copies of the application and supporting documents. The notice must 

clearly state the authority sought and the due date for other pleadings.

    (2) Applicants shall serve a complete copy of the application on the 

Manager of the FAA Flight Standards District Office responsible for 

processing the application for any FAA authority needed to conduct the 

proposed operations.

    (3) After an order under Sec. 302.210 has been issued, parties need 

only serve documents on those persons listed in the service list 

accompanying the order.

    (4) In the case of an application sought to be consolidated, the 

applicant shall serve the notice required in paragraph (a)(1) of this 

section on all persons served by the original applicant.

    (b) Persons to be served--(1) U.S. air carriers. (i) In certificate 

proceedings, except for those proceedings that involve charter-only 

authority under section 41102(a)(3) of the Statute:

    (A) Applicants for certificates to engage in interstate air 

transportation and other persons who file a pleading in the docket shall 

serve:

    (1) The airport authority of each airport that the applicant 

initially proposes to serve, and

    (2) Any other person who has filed a pleading in the docket.

    (B) Applicants for certificates to engage in foreign air 

transportation and other persons who file a pleading in the docket shall 

serve:

    (1) All U.S. air carriers (including commuter air carriers) that 

publish schedules in the Official Airline Guide or in the Air Cargo 

Guide for the country-pair market(s) specified in the application,

    (2) The airport authority of each U.S. airport that the applicant 

initially proposes to serve, and

    (3) Any other person who has filed a pleading in the docket.

    (ii) In certificate proceedings involving charter-only authority 

under 41102(a)(3) of the Statute, applicants and other persons who file 

a pleading in the docket shall serve any other person who has filed a 

pleading in the docket.

    (2) Foreign air carriers. (i) In permit proceedings, except for 

those proceedings involving charter-only authority, applicants and other 

persons who have filed a pleading in the docket shall serve:

    (A) All U.S. air carriers (including commuter air carriers) that 

publish schedules in the Official Airline Guide or the Air Cargo Guide 

for the country-pair market(s) specified in the application,

    (B) The U.S. Department of State,

    (C) The airport authority of each U.S. airport that the applicant 

initially proposes to serve, and

    (D) Any other person who has filed a pleading in the docket.

    (ii) In foreign air carrier permit proceedings for charter-only 

authority, applicants and other persons who file a pleading in the 

docket shall serve the U.S. Department of State and any other person who 

has filed a pleading in the docket.

    (c) Additional service. The Department may, at its discretion, order 

additional service upon such persons as the facts of the situation 

warrant. Where only



[[Page 299]]



notices are required, parties are encouraged to serve copies of their 

actual pleadings where feasible. In any proceeding directly involving 

air transportation to the Federated States of Micronesia, the Marshall 

Islands or Palau, the Department and any party or participant in the 

proceeding shall serve all documents on the President and the designated 

authorities of the government(s) involved.