1、41 Office of the Secretary, DOT 215.3 the Department may excuse the viola-tion. ER624, 35 FR 8881, June 9, 1970, as amended at 61 FR 34725, July 3, 1996 213.7 Filing requirements for adher-ence to Montreal Agreement. It shall be a condition upon the hold-ing of a foreign air carrier permit or other
2、authority authorizing direct for-eign scheduled air transportation that the holder have and maintain in effect and on file with the Department a signed counterpart of Agreement 18900 (OST Form 4523), and a tariff (for those carriers otherwise generally required to file tariffs) that includes its pro
3、vi-sions, and comply with all other re-quirements of part 203 of this chapter. That form can be obtained from the Foreign Air Carrier Licensing Division (X-45), Office of International Aviation, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. (Approved by the Office
4、of Management and Budget under control number 30240064) ER1330, 48 FR 8050, Feb. 25, 1983, as amend-ed by ER1346, 48 FR 31014, July 6, 1983; 61 FR 34725, July 3, 1996 PART 214TERMS, CONDITIONS, AND LIMITATIONS OF FOREIGN AIR CARRIER PERMITS AUTHOR-IZING CHARTER TRANSPOR-TATION ONLY Sec. 214.1 Applic
5、ability. 214.2 Terms of service. 214.1 Applicability. This part establishes the terms, con-ditions, and limitations applicable to charter foreign air transportation pur-suant to foreign air carrier permits au-thorizing the holder to engage in char-ter transportation only. (Secs. 204, 402, Pub. L. 85
6、726, as amended, 72 Stat. 743, 757; 49 U.S.C. 1324, 1371) ER1223, 46 FR 28379, May 26, 1981 214.2 Terms of service. Charter air transportation under this part shall be performed in accordance with the provisions of part 212 of this chapter. (Secs. 204, 402, Pub. L. 85726, as amended, 72 Stat. 743, 7
7、57; 49 U.S.C. 1324, 1371) ER1223, 46 FR 28379, May 26, 1981 PART 215USE AND CHANGE OF NAMES OF AIR CARRIERS, FOR-EIGN AIR CARRIERS AND COM-MUTER AIR CARRIERS Sec. 215.1 Applicability. 215.2 Purpose. 215.3 Use of name. 215.4 Change of name or use of trade name. 215.5 Procedure in case of similarity o
8、f names. 215.6 Acknowledgment of registration. AUTHORITY: 49 U.S.C. Chapters 401, 411, 413, 417. SOURCE: 53 FR 17923, May 19, 1988, unless otherwise noted. 215.1 Applicability. This part applies to all certified air carriers, commuter air carriers, and foreign direct air carriers and to initial or a
9、mended applications for authority, applications for certificate or permit transfers or reissuances, and registra-tion of business names. 215.2 Purpose. This part sets rules under which di-rect air carriers may use the names in their operating authorizations and change those names. It further pro-vid
10、es for notification to air carriers that may be affected by the use by other air carriers of the same or simi-lar names. Its purpose is to place the responsibility for resolving private dis-putes about the use of similar names with the air carriers involved, through recourse to the trade names statu
11、tes and the courts. These rules do not pre-clude Department intervention or en-forcement action should there be evi-dence of a significant potential for, or of actual, public confusion. 215.3 Use of name. In holding out to the public and in performing air transportation services, a direct air carrie
12、r or foreign direct air carrier subject to this part shall use only the name in which its operating VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00051 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or netwo
13、rking permitted without license from IHS-,-,-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, includin
14、g abbrevia-tions, contractions, initial letters, 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
15、 at 70 FR 25768, May 16, 2005 215.4 Change of 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
16、 name with the Department. The Department will 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
17、 of its un-derlying certificate commuter or for-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
18、 Licensing Divi-sion if it is a foreign air carrier. (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 ap
19、plication, the De-partment will place a copy 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
20、 215.5 Procedure in case of similarity of names. 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
21、 Department will notify the applicant of any 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 requeste
22、d, area of operation or proposed area of operation, 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
23、this part, the Department may acknowledge the 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 o
24、f any rights or liabilities. 53 FR 17923, May 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 un
25、authorized operations. AUTHORITY: 49 U.S.C. Chapters 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 DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
