§ 302.1705 - 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. Persons shall file responsive pleadings in accordance with paragraph (b).

(2) After the order establishing further procedures under § 301.1750 has been issued, persons need only serve documents on those listed in the service list accompanying the order.

(3) In the case of an application sought to be consolidated, the applicant shall serve the notice required in paragraph (a) 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 described in § 302.1701 (a) and (b) (except for those proceedings under section 401(d)(3) of the Act):

(A) applicants for certificates to engage in interstate or overseas air transportation, and other persons, shall serve:

(1) The airport authority of each airport that the applicant 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 or other persons shall serve:

(1) All U.S. air carriers (including commuter air carriers) that publish schedules for the country-pair market(s) specified in the application in the “Official Airline Guide” or in the “Air Cargo Guide,”

(2) The airport authority of each U.S. airport that the applicant proposes to serve, and

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

(ii) In certificate proceedings under section 401(d)(3) of the Act, applicants and other persons are not required to serve any person, except as the DOT may direct.

(2) Foreign air carriers. (1) In foreign air carrier permit proceedings described in § 302.1701(c) (except for those proceedings involving charter-only authority), applicants and other persons shall serve:

(A) All U.S. air carriers (including commuter air carriers) that publish schedules for the country-pair market(s) specified in the application in the “Official Airline Guide” or the “Air Cargo Guide,”

(B) The U.S. Departments of State, and

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

(ii) In foreign air carrier permit proceedings for charter-only authority, applicants 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, in its discretion, order additional service upon such persons as the facts of the situation warrant. Where only 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.