[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR377.10]

[Page 402-403]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 377_CONTINUANCE OF EXPIRED AUTHORIZATIONS BY OPERATION OF LAW PENDING 
 
          Subpart B_Renewal Applications and Procedure Thereon
 
Sec. 377.10  Requirements for, and effect of, renewal applications.


    (a) Identification of authorization covered by renewal application. 
Each renewal application shall identify the authorization or 
authorizations to which it is intended to relate. The application shall 
indicate the applicant's intention to rely upon 5 U.S.C. 558(c) as 
implemented by this part. In case of applications for renewal of an 
authorization for route service, the renewal application shall 
specifically identify the separate routes which the applicant proposes 
to continue serving pursuant to the expiring authorization, pending 
final determination of the renewal application.
    (b) Contents of renewal application. The application must contain 
all the information required by law and the Board's regulations, and 
meet the requirements thereof as to form. The new authorization sought 
need not be of the same duration as the expiring authorization. If the 
application relates to renewal of route authority, it must contain, as a 
minimum, a request for renewed authority to render route service between 
the terminals named in each separate route for which renewal is 
requested.
    (c) Timeliness. The application must be filed and served in 
compliance with applicable law and the Board's regulations at least 60 
days before the expiration date of the outstanding temporary 
authorization, except that:
    (1) For certificates issued under section 401 of the Act with a 
specified expiration date, the deadline is 180 days before the 
expiration date;
    (2) For certificates issued under section 401 of the Act that 
terminate by their terms upon the happening of an event that could not 
be foreseen, the deadline is 30 days after the time that the carrier has 
notice that the event will occur or has occurred;
    (3) For foreign air carrier permits issued under section 402 of the 
Act and exemptions issued under section 416 to non-U.S. citizens, the 
deadline is the expiration date itself;
    (4) For renewal by substantially equivalent certificate authority of 
fixed term route authorizations granted by exemption and for interim 
extension of the exemption, pursuant to Sec. 399.18 of this chapter, 
the deadline is 90 days before the expiration date; and
    (5) Nothing in this part supersedes a requirement for earlier filing 
contained in any law, Board rule or order, or temporary authorization.
    (d) Effect. In the case of authorizations which constitute licenses 
with reference to activities of a continuing nature within the meaning 
of 5 U.S.C. 558(c), the filing of an application complying in all 
respects with the requirements of paragraphs (a) through (c) of this 
section shall extend the authorization to which it relates as then 
outstanding in its entirety, together with all applicable terms, 
conditions and limitations, until the application has been finally 
determined by the Board. In the case of routes granted under section 401 
of the Act, the duty to render adequate service continues to attach to 
every point as provided in the expired authorization which is extended 
pursuant to this provision. The date of final determination of the 
application shall be the date when the final order determining the 
application takes effect, or

[[Page 403]]

when the applicable period for filing of petitions for rehearing, 
reargument or reconsideration expires, or when a timely filed petition 
therefor is denied, whichever occurs latest.

[SPR-84, 40 FR 24998, June 12, 1975, as amended by SPR-184, 47 FR 7212, 
Feb. 18, 1982; 65 FR 6457, Feb. 9, 2000]