Elimination of Obsolete Provisions and Correction of Outdated Statutory References in Aviation Economic Regulations, 15920-15948 [2019-02511]

Download as PDF 15920 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Chapter II [Docket No. DOT–OST–2014–0140] RIN 2105–AD86 Elimination of Obsolete Provisions and Correction of Outdated Statutory References in Aviation Economic Regulations Office of the Secretary (OST), U.S. Department of Transportation (DOT). ACTION: Final rule. AGENCY: The Department is amending various provisions regarding its aviation economic regulations to eliminate any further remaining obsolete provisions and correct outdated statutory references. This final rule aligns with the Department’s retrospective regulatory review initiatives to modify, streamline, or repeal regulations that are obsolete or out-of-date. DATES: This final rule is effective May 16, 2019. ADDRESSES: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov and follow the online instructions for accessing the docket. SUMMARY: Jill Laptosky or Jennifer Abdul-Wali, Office of Regulation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; (202) 366–4723; fax: (202) 366–9313; email: Jill.Laptosky@dot.gov or Jennifer.AbdulWali@dot.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: khammond on DSKBBV9HB2PROD with RULES4 I. Background II. Discussion of the Final Rule III. Comment Discussion IV. Regulatory Analyses and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures B. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) C. Regulatory Flexibility Act D. Executive Order 13132 (Federalism) E. Executive Order 13175 F. Paperwork Reduction Act G. National Enviromental Policy Act List of Subjects The Amendment I. Background In 1994, the Federal Aviation Act was revised and codified within Subtitle VII of Title 49 of the United States Code (Pub. L. 103–272, July 5, 1994). Since the codification, the Department has made numerous amendments to make VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 the CFR consistent with the provisions of the current statute (49 U.S.C., Subtitle VII). Some provisions, however, remained unchanged, due in part to the complexity of certain issues, such as antitrust immunity, agreements, and waivers. This rule updates the economic regulations by modifying language to reflect current statutory provisions related to these remaining issues. The revised language does not diminish any existing Civil Aeronautics Board (CAB) provisions or precedent still in effect. II. Discussion of the Final Rule This rule updates the regulatory language throughout 14 CFR parts 200 through 399 in the following ways: (1) Where references to the CAB are no longer relevant, replaces the term ‘‘Board’’ or ‘‘CAB’’, where appropriate, with ‘‘Department’’, ‘‘DOT’’ or ‘‘Predecessor’’; (2) removes citations to the ‘‘Federal Aviation Act’’ or ‘‘Act’’ and adds citations to the appropriate sections of Title 49 of the United States Code; (3) inserts current names of forms in place of outdated references to CAB forms; (4) adds up-to-date titles for offices within the Department; and (5) updates the authority citations, where needed. Additional changes are as follows: Part 204 describes the data the Department uses to support carrier fitness determinations. Section 204.4 discusses carrier obligations for proposing to provide essential air service. The section is no longer in use and is obsolete. As such, the section is removed in its entirety. Parts 207 and 208 address U.S. scheduled and charter air carrier requirements with respect to charter trips. Both parts refer to 14 CFR part 212 in describing carrier obligations on charter air transportation and contain no independent obligations of their own. As such, these parts are obsolete and are removed. Part 221 describes carrier obligations with respect to tariffs. This rule revises part 221 by broadening the language used to refer to international treaties. The current regulation refers to the Warsaw Convention, which is no longer the relevant international treaty applicable to travelers on many itineraries. The rule updates and simplifies existing passenger notification requirements and consolidates such requirements into a single section. Specifically, the rule consolidates separate notice requirements for liability from death or injury and liability from damage to baggage into a single notice requirement that better reflects the current international landscape, including PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 references to the 1999 Montreal Convention, which governs many international itineraries originating or terminating in the United States. Currently, a carrier’s liability can be limited under the 1999 Montreal Convention to 4,694 SDR for damages caused by the delay of passengers and 1,131 SDR for damages resulting from the destruction, loss, damage, or delay of baggage. This rule removes references to agreements approved by CAB order. Carriers are provided until December 31, 2019, to comply with the signage requirements of this part, while compliance with the ticket notification changes is required on the effective date of this final rule. Airlines for America recommends that current stocks of paper notices be allowed to be used until exhausted. However, the change in liability amounts occurred in 2009 and we do not believe carriers still have significant stocks of paper notices with outdated information. See Inflation Adjustments to Liability Limits Governed by the Montreal Convention Effective December 30, 2009, 74 FR 59017 (Nov. 16, 2009). Moreover, the Department has consistently required that paper and e-ticket notices used to inform consumers of their rights and airline policies regarding such liability provide accurate information. Accordingly, we do not believe it is appropriate to allow airlines to continue to distribute inaccurate paper notices to the extent any are doing so. Part 223 sets forth rules regarding free and reduced-rate transportation. This rule updates part 223 by removing references to specific sections of the ‘‘Act’’ such as ‘‘under section 408 of the Act.’’ Additionally, in § 223.1, the term ‘‘handicapped passenger’’ is used to describe a person with a disability. However, under the Americans with Disabilities Act (ADA), the current practice is to use ‘‘person-first’’ terminology (e.g., changes ‘‘handicapped person’’ to ‘‘person with a disability’’). Where applicable, as the Department reviews its regulations, the term ‘‘handicapped’’ is replaced with the person-first terminology in alignment with the ADA. This rule removes the term ‘‘Handicapped passenger’’ and replaces it with the term ‘‘passenger with a disability.’’ Part 232 established procedures for a party aggrieved by an order of the Postmaster General to request a review by DOT. In 2008, amendments to 49 U.S.C. 41902 removed from the statute the authority for the Secretary of Transportation to amend, modify, suspend, or cancel an order of the Postal Service (Pub. L. 110–405, Jan. 4, 2008). Accordingly, the statutory basis for part E:\FR\FM\16APR4.SGM 16APR4 khammond on DSKBBV9HB2PROD with RULES4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations 232 regulations no longer exists and part 232 is removed. Part 234 describes the requirements for filing airline service quality performance reports. The existing citation of authorities for this part contains an error. This rule corrects the error. Part 241 describes a uniform system of accounts and reports for large carriers. This rule removes section 01 of part 241 which restated outdated statutory text and could lead to confusion if retained. Part 272 established essential air service procedures for the Freely Associated States comprising the Federated States of Micronesia (Ponape, Truk and Yap), the Marshall Islands (Majuro and Kwajalein), and Koror in Palau. The procedures include requirements for airlines to file notice before suspending service, an obligation to continue to provide service when subsidy is available, and carrierselection criteria. Section 272.12 states, ‘‘These provisions shall terminate on October 1, 1998, unless the essential air service program to the Federated States of Micronesia, the Marshall Islands and Palau is specifically extended by Congress.’’ Congress did not extend the program (Pub. L. 101–219, Sec. 110(b), (Dec.12,1989)). Thus, the statutory basis for the regulation no longer exists and part 272 is removed. Part 300 sets forth the rules of conduct in DOT proceedings involving aviation economic and enforcement matters. Many of these rules set forth standards of ethical conduct applicable to DOT employees with respect to aviation economic matters. DOT employees are also subject to the ethics requirements of 49 CFR 99.735–1. In order to reduce the duplicative nature of both sets of ethics requirements and to minimize the potential for confusion over such requirements, several sections of part 300 are removed under this rule. The resulting regulations ensures consistent ethical standards across all employees of the agency. Part 302 sets forth the Rules of Practice in Proceedings before the DOT. Part 305 describes the Rules of Practice for Informal Nonpublic Investigations undertaken by the Office of Aviation Enforcement and Proceedings. Part 385 sets forth the authorities and functions of various DOT officials. On August 17, 2012, the Department issued an extensive revision to 49 CFR part 1 (Organization and Delegation of Powers and Duties) [77 FR 49965]. The Department is revising parts 302, 305, and 385 to reflect the changes set forth in the revision to part 1. VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 Part 330 established procedures implementing the airline compensation section of the Air Transportation Safety and System Stabilization Act, which was enacted following the terrorist attacks of September 11, 2001, Public Law 107–42, (Sept. 22, 2001) (the Stabilization Act). Section 103 of the Stabilization Act appropriated up to $5 billion, to be administered by the Department of Transportation, to compensate air carriers for losses they incurred due to the attacks. Part 330 set out carrier eligibility criteria; forms for applying for the compensation payments; details on types of losses that would and would not be eligible for compensation; audit procedures; and details on a set-aside program for certain air taxis, commuter carriers, and other small carriers. Of the 427 applications processed, 407 applicants were deemed eligible under part 330. These carriers received payments in a total amount of $4.6 billion. All eligible appropriations were completed and payments processed and paid, and all functions and responsibilities under this section were fulfilled. As a result, part 330 serves no further purpose and is removed. Part 374 specifies the Department’s responsibility for enforcing air carrier and foreign air carrier compliance with the applicable requirements of the Consumer Credit Protection Act. This rule revises part 374 by updating the language in § 374.3 regarding references to Regulation B, 12 CFR part 202, and Regulation Z, 12 CFR part 226. Enforcement responsibility for parts 202 and 226 has been divided and reassigned among Federal government agencies. Accordingly, the language in § 374.3 is revised to reference the current applicable regulations, 12 CFR part 1026. Part 380 is applicable to public charter air transportation in interstate or foreign air transportation. This rule revises part 380 by updating appendices A and B. Part 380 sets forth the Department’s rules governing Public Charter air transportation of passengers whether furnished by direct air carriers or Public Charter Operators. Appendices A and B to part 380, respectively, contain the format for the Public Charter Operator’s Surety Bond and the Public Charter Surety Trust Agreement. Since the existing appendices A and B to part 380 were published in 1998, various changes have been made to both documents. Therefore, appendices A and B is updated to provide the most current format for the Public Charter Operator’s Surety Bond and the Public Charter Surety Trust Agreement. PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 15921 In part 385, the Secretary of Transportation delegates certain continuing assignments of authority to Secretarial Officers regarding the Department’s functions of issuing orders or other determinations pursuant to 49 U.S.C. 322 and 49 CFR part 1. The Secretary determined that several of the items currently prepared for decision at the Assistant Secretary level could be handled more efficiently at the Office Director level, thereby providing more time for the Assistant Secretary and immediate secretarial staff to concentrate on controversial and policysensitive issues. This action ensures that routine items are processed in a much more timely and efficient manner. Thus, this rulemaking amends §§ 385.12 and 385.13 to reflect the expanded assignments of authority to the Director of the Office of Aviation Analysis and the Director of the Office of International Aviation, both in the Office of the Assistant Secretary for Aviation and International Affairs. Section 385.12 defines the authority of the Director of the Office of Aviation Analysis. This rule authorizes the Director to issue Essential Air Service (EAS) Requests for Proposals and certain final EAS selection orders. This expanded delegation alone relieves the Assistant Secretary for Aviation and International Affairs of reviewing nearly sixty orders per year, saving over three hundred (300) hours of senior management time and approximately one hundred twenty (120) hours of staff time in the Office of Aviation Analysis. This rule expands the Director’s authority to issue quarterly fuel rate adjustments to Alaskan bush and mainline mail rates and to issue certain procedural orders in antitrust immunity cases processed under 49 U.S.C. 41308 and 41309. This rule also removes paragraphs (f), (h), and (i) of § 385.12, as these requirements are placed under the authority of the Director of the Office of International Aviation in § 385.13. Accordingly, paragraphs (g), (j), and (k) are re-designated. Section 385.13 defines the authority of the Director of the Office of International Aviation. This rule amends paragraph (a) of § 385.13 to grant the Director the authority to issue final orders on uncontested tariff exemptions. This rulemaking also amends paragraph (b) to authorize the Director to issue final orders on uncontested applications for U.S. carrier certificate and foreign air carrier permit authority. Further, this action adds two new subsections regarding fares and tariffs and amends § 385.13(r)(1) to give the Director the authority to exempt E:\FR\FM\16APR4.SGM 16APR4 khammond on DSKBBV9HB2PROD with RULES4 15922 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations IATA 1 agreements under section 41309; this is in addition to the Director’s existing authority to approve or disapprove such agreements. This rule also adds new paragraphs (z) through (dd) that: (1) Authorize the Director to issue orders and notices adjusting the Standard Foreign Fare Level; (2) authorize the Director to issue notices updating the list of country-pair markets in tariff-filing categories under part 293 of this chapter; (3) give the Director assigned authority as to certain matters processed by the Office of International Aviation’s U.S. Air Carrier Licensing/ Special Authorities Division; and (4) add requirements moved from § 385.12(f), (h), and (i). Sections 385.14 and 385.15 define the authority of the General Counsel and Deputy General Counsel, respectively. Consistent with the delegation of duties assigned in 49 CFR part 1, as revised on August 16, 2012, by 77 FR 49964, the Secretary assigned several duties to the General Counsel. Sections 385.14 and 385.15 are revised to reflect this assignment of duties. This rule removes § 385.15 and transfers its functions to § 385.14. Part 389 describes fees and charges for special services. This rule amends part 389 by (1) removing references to organizations and position titles that no longer exist and replacing them with references to appropriate organizations and positions, (2) correcting the filing fees charged for special services to reflect a recent rulemaking action, (3) allowing for payment of filing fees using the internet, and (4) revising the descriptions of licenses for which the Department charges filing fees. Part 398 establishes guidelines for the determination of basic essential air service. The Department amends part 398 by removing an outdated provision for funding reductions in § 398.11. Section 398.11 was superseded by Public Law 106–69, Title III, section 332, October 9, 1999, 113 Stat. 1022. Part 399, subpart C, sets forth the Department’s policies related to rates and tariffs. This rulemaking action removes fourteen sections from this subpart (§§ 399.30, 399.31, 399.32, 399.33, 399.34, 399.37, 399.40, 399.41, 399.42, 399.43, 399.44, 399.63, 399.101, and 399.111). These sections are obsolete because of the Airline Deregulation Act of 1978 and the Civil Aeronautics Board Sunset Act of 1984. While not originally proposed in the notice of proposed rulemaking (NPRM) published on May 9, 2018 (83 FR 21684), this final rule also updates the section reference for the definition of 1 International VerDate Sep<11>2014 Air Transport Association. 18:38 Apr 15, 2019 Jkt 247001 small aircraft found in § 399.73 from ‘‘§ 298.3’’ to ‘‘§ 298.2’’. Under the Administrative Procedure Act, an agency may waive the normal notice and comment procedures if the agency, for good cause, finds that those procedures are impracticable, unnecessary, or contrary to the public interest. See 5 U.S.C. 553(b)(B). Since this amendment is merely a minor technical correction, notice and comment are unnecessary. rule repeals a number of sections and whole parts from the Code of Federal Regulations that have been identified as outdated, unnecessary, or ineffective, thus reducing the Department’s regulatory footprint. This final rule also modifies the Department’s other regulations to ensure that they are consistent with existing laws, procedures, and practice. Cost savings associated with this deregulatory action are not quantifiable. III. Comment Discussion OST received two comments in response to the NPRM and is adopting one drafting correction and a change in characterization of the coverage limits of the Montreal Convention that were proposed in the Airlines 4 America (A4A) comment. The second comment was filed by the International Air Transport Association (IATA). The Department appreciates the constructive input by both commenters. However, as this rulemaking is intended as an administrative ‘‘clean-up’’ action, the majority of the IATA and A4A comments propose policy changes to the Department’s regulations that were not contemplated in the NPRM underlying this final rule. Because the changes requested by the commenters are outside the scope of the NPRM, the Department declines to adopt them as part of this final rule. However, the Department will continue to consider them as we review our existing regulations as announced in an October 2, 2017, Notification of Regulatory Review (82 FR 45750). OST is also adopting an additional, minor modification to a reference in § 399.73, as noted above. These changes are described further in the Discussion of the Final Rule section above. C. Regulatory Flexibility Act Pursuant to section 605 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), I hereby certify that this rulemaking does not have a significant impact on a substantial number of small entities. The final rule imposes no duties or obligations on small entities. IV. Regulatory Analyses and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures This rulemaking is not a significant regulatory action under Executive Order 12866 and the Department’s Regulatory Policies and Procedures. Its provisions involve technical amendments to update statutory references and to update the titles and addresses of offices. The rule also removes certain appendices, sections, and forms that are no longer relevant. This rule does not create any major policy changes or impose significant new costs or burdens. B. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) This final rule is considered an E.O. 13771 deregulatory action. This final PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 D. Executive Order 13132 (Federalism) A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. The Department has analyzed this rulemaking in accordance with the principles and criteria contained in the Order and determined that it does not have implications for federalism, since it merely makes technical amendments to the existing regulations. This final rule does not have a substantial direct effect on, or sufficient federalism implications for, the States, nor does it limit the policymaking discretion of the States. E. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’). Because this rulemaking does not significantly or uniquely affect the communities of the Indian tribal governments or impose substantial direct compliance costs on them, the funding and consultation requirements of Executive Order 13175 do not apply. F. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.) requires that DOT consider the impact of paperwork and other information collection burdens imposed on the public and, under the provisions of PRA section 3507(d), obtain approval from the Office of Management and Budget (OMB) for each collection of E:\FR\FM\16APR4.SGM 16APR4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations information it conducts, sponsors, or requires through regulations. The DOT has determined there are no new information collection requirements associated with this final rule. recordkeeping requirements, Surety bonds. 14 CFR Part 253 Air carriers, Consumer protection. 14 CFR Part 214 G. National Environmental Policy Act The agency has analyzed the environmental impacts of this action pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical exclusions are actions identified in an agency’s NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). The purpose of this rulemaking is to make editorial corrections, remove obsolete references, and update outdated provisions in the Department’s aviation economic regulations. The agency does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this rulemaking. 14 CFR Part 215 14 CFR Part 257 Air carriers, Air rates and fares, Consumer protection, Reporting and recordkeeping requirements. List of Subjects 14 CFR Part 200 Air transportation. Air carriers, Charter flights. Air carriers, Reporting and recordkeeping requirements, Trade names. 14 CFR Part 216 Air carriers. Air carriers, Reporting and recordkeeping requirements. 14 CFR Part 218 Air carriers, Aircraft, Airmen. 14 CFR Part 221 Air rates and fares, Freight, Reporting and recordkeeping requirements. 14 CFR Part 222 Air carriers, Freight, Intermodal transportation, Reporting and recordkeeping requirements. 14 CFR Part 223 Air rates and fares, Government employees, Reporting and recordkeeping requirements. Administrative practice and procedure, Air carriers, Postal Service. 14 CFR Part 234 14 CFR Part 203 Air carriers, Air transportation, Foreign relations, Insurance, Reporting and recordkeeping requirements. 14 CFR Part 204 Air carriers, Reporting and recordkeeping requirements. Air carriers, Consumer protection, Reporting and recordkeeping requirements. 14 CFR Part 240 Air carriers, Uniform System of Accounts. 14 CFR Part 241 Air carriers, Reporting and recordkeeping requirements, Uniform System of Accounts. 14 CFR Part 205 Air carriers, Freight, Insurance, Reporting and recordkeeping requirements. 14 CFR Part 243 Air carriers, Aircraft, Charter flights, Reporting and recordkeeping requirements. 14 CFR Part 207 Air carriers, Charter flights. 14 CFR Part 258 Air carriers, Consumer protection, Reporting and recordkeeping requirements. 14 CFR Part 271 Air carriers, Grant programstransportation. 14 CFR Part 217 14 CFR Part 232 14 CFR Part 201 Air carriers, Reporting and recordkeeping requirements. khammond on DSKBBV9HB2PROD with RULES4 15923 14 CFR Part 272 Air carriers, Grant programstransportation, Pacific Islands Trust Territory. 14 CFR Part 291 Administrative practice and procedure, Air carriers, Freight, Reporting and recordkeeping requirements. 14 CFR Part 294 Air taxis, Canada, Charter flights, Reporting and recordkeeping requirements. 14 CFR Part 296 Air carriers, Freight forwarders, Research. 14 CFR Part 297 Air carriers, Freight forwarders. 14 CFR Part 298 Air taxis, Reporting and recordkeeping requirements. 14 CFR Part 300 Administrative practice and procedure, Conflict of interests. 14 CFR Part 302 Administrative practice and procedure, Air carriers, Airports, Postal Service. 14 CFR Part 303 Administrative practice and procedure, Air carriers, Antitrust, Reporting and recordkeeping requirements. 14 CFR Part 208 Air carriers, Charter flights. 14 CFR Part 247 14 CFR Part 211 Administrative practice and procedure, Air carriers, Pacific Islands Trust Territory, Reporting and recordkeeping requirements. 14 CFR Part 248 14 CFR Part 249 14 CFR Part 323 Administrative practice and procedure, Air carriers, Reporting and recordkeeping requirements 14 CFR Part 212 Charter flights, Confidential business information, Reporting and Air carriers, Reporting and recordkeeping requirements, Truth in lending, Uniform System of Accounts. 14 CFR Part 325 Administrative practice and procedure, Air transportation, VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 14 CFR Part 305 Administrative practice and procedure, Air carriers, Investigations. Air carriers, Airports. Air carriers, Reporting and recordkeeping requirements, Uniform System of Accounts. PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\16APR4.SGM 16APR4 15924 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations Intergovernmental relations, Reporting and recordkeeping requirements. 2. Section 200.1 is revised to read as follows: ■ 14 CFR Part 330 Administrative practice and procedure, Air carriers, Grant programstransportation Reporting and recordkeeping requirements. 14 CFR Part 372 Charter flights, Military air transportation, Reporting and recordkeeping requirements, Surety bonds. 14 CFR Part 374 Air carriers, Consumer protection, Credit. 14 CFR Part 374a Air carriers, Credit, Political candidates, Reporting and recordkeeping requirements. 14 CFR Part 375 Administrative practice and procedure, Aircraft, Foreign relations, Reporting and recordkeeping requirements. 14 CFR Part 377 § 200.1 Terms and definitions. For purposes of this chapter— (a) Unless otherwise specifically stated, words and phrases other than those listed in this section have the meaning defined in 49 U.S.C. Subtitle VII. (b) Department or DOT means the Department of Transportation. (c) Predecessor means the Civil Aeronautics Board (CAB). (d) Order refers to the rules, regulations, and orders prescribed by the Department pursuant to the 49 U.S.C. Subtitle VII or its orders that are, by law, still in effect. (e) FAA means the Federal Aviation Administration, U.S. Department of Transportation. (f) OST–R means the Office of the Assistant Secretary for Research and Technology, U.S. Department of Transportation. (g) Secretary means the Secretary of Transportation, U.S. Department of Transportation. PART 201—AIR CARRIER AUTHORITY UNDER SUBTITLE VII OF TITLE 49 OF THE UNITED STATES CODE Administrative practice and procedure, Air carriers. 14 CFR Part 380 3. The authority citation for part 201 continues to read as follows: ■ Charter flights, Reporting and recordkeeping requirements, Surety bonds. Authority: 5 U.S.C. 1008; 49 U.S.C. Chapters 401, 411, 413, 415, 417. 14 CFR Part 385 4. Revise the heading for part 201 to read as set forth above. ■ 5. Throughout part 201, remove the phrase ‘‘of the Statute’’ and add in its place ‘‘of 49 U.S.C. Subtitle VII’’. ■ Organization and functions (Government agencies). 14 CFR Part 389 Administrative practice and procedure, Reporting and recordkeeping requirements. 14 CFR Part 398 Air transportation. 14 CFR Part 399 Administrative practice and procedure, Air carriers, Air rates and fares, Air taxis, Consumer protection, Small businesses. § 201.1 [AMENDED] 6. In § 201.1(b), remove the words ‘‘DOT Dockets, 1200 New Jersey Avenue SE, Washington, DC 20590–0002’’ and add in their place the words ‘‘Docket Operations Office, U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590–0001’’. ■ § 201.7 [AMENDED] 7. In § 201.7(e), remove the words ‘‘Office of Aviation Analysis’’ and add in their place the words ‘‘Office of International Aviation’’. ■ The Amendment khammond on DSKBBV9HB2PROD with RULES4 Authority: 49 U.S.C. Chapters 401, 411, 413, 415, 417, and 461. In consideration of the foregoing, and under the authority of 49 U.S.C. 322, the Department amends title 14, chapter II of the Code of Federal Regulations as follows: PART 203—WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES PART 200—DEFINITIONS AND INSTRUCTIONS ■ 1. The authority citation for part 200 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 411, 413, 415, 417. ■ VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 8. The authority citation for part 203 continues to read as follows: PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 9. Section 203.3 is revised to read as follows: ■ § 203.3 Filing requirements for adherence to Montreal Convention. All direct U.S. and foreign air carriers shall have and maintain in effect and on file in the Department’s Docket Operations Office (DOT–OST–1995– 236) on OST Form 4523 a signed counterpart to Agreement 18900, an agreement relating to liability limitations of the Warsaw Convention and Hague Protocol, (the Montreal Agreement), dated May 13, 1966, and/or a signed counterpart of any amendment or replacement to such Agreement that may be approved by the Department and to which the air carrier or foreign air carrier becomes a party. U.S. air taxi operators registering under part 298 of this chapter and Canadian charter air taxi operators registering under part 294 of this chapter may comply with this requirement by filing completed OST Forms 4507 and 4523, respectively, in accordance with the provisions of those parts. § 203.4 [AMENDED] 10. Amend § 203.4 as follows: a. In paragraph (a), remove the words ‘‘Tariffs Division’’ and add in their place the words ‘‘Pricing and Multilateral Affairs Division’’. ■ b. In paragraph (b), remove the reference ‘‘§ 221.175’’ and add in its place the reference ‘‘§ 221.105’’. ■ ■ PART 204—DATA TO SUPPORT FITNESS DETERMINATIONS 11. The authority citation for part 204 continues to read as follows: ■ Authority: 49 U.S.C. Chapters 401, 411, 417. 12. Throughout part 204, remove the words ‘‘the Statute’’ and add in their place ‘‘49 U.S.C. Subtitle VII’’. ■ 13. In § 204.2, paragraphs (b) and (e) are revised to read as follows: ■ § 204.2 Definitions. * * * * * (b) Certificate authority means authority to provide air transportation granted by the Secretary of Transportation in the form of a certificate of public convenience and necessity under 49 U.S.C. 41102 or an all-cargo air transportation certificate to perform all-cargo air transportation under 49 U.S.C. 41103. Certificated carriers are those that hold certificate authority, including those carriers operating by law under the regulatory provisions under the Department’s predecessor. * * * * * E:\FR\FM\16APR4.SGM 16APR4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations (e) Eligible place means a place in the United States that meets the specified criteria outlined in 49 U.S.C. Chapter 417. * * * * * § 204.4 [REMOVED AND RESERVED] 20. The authority citation for part 206 continues to read as follows: ■ Authority: 49 U.S.C. Chapters 401, 415, 417, 419. 14. Section 204.4 is removed and reserved. ■ ■ 21. Throughout part 206, remove the phrase ‘‘of the Statute’’ and add in its place ‘‘of 49 U.S.C. Subtitle VII’’. ■ PART 207—[REMOVED] § 204.5 ■ [AMENDED] 15. Amend § 204.5 as follows: a. In paragraph (c), remove the words ‘‘Washington, DC 20590, or by electronic submission at https:// dms.dot.gov.’’ and add in their place the words ‘‘1200 New Jersey Avenue SE, Washington, DC 20590, or by electronic submission at https:// www.regulations.gov.’’ ■ b. In paragraph (d), remove the words ‘‘Washington, DC 20590.’’ and add in their place the words ‘‘1200 New Jersey Avenue SE, Washington, DC 20590.’’ § 204.7 [AMENDED] 16. In § 204.7(b), remove the words ‘‘Documentary Services Division, Department of Transportation’’ and add in their place the words ‘‘Docket Operations Office, U.S. Department of Transportation.’’ ■ PART 205—AIRCRAFT ACCIDENT LIABILITY INSURANCE ■ 24. The authority citation for part 211 continues to read as follows: ■ Authority: 49 U.S.C. Chapters 401, 411, 413, 415, 417. § 211.2 § 205.6 § 211.20 * * * * (b) * * * (2) Liability assumed by the carrier under an agreement to raise the liability limitations of the Warsaw Convention by signing a counterpart to an agreement of carriers (such as the Montreal Agreement, 18900, signed May 13, 1966, agreeing to a limit on the carrier’s liability for injury or death of passengers of $75,000 per passenger), or any amendment to such agreement that may be approved by the Department and to which the carrier becomes a party. VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 [AMENDED] 26. In § 211.20(c)(2)(i), remove the colon and add in its place a semicolon. ■ [AMENDED] 27. In § 211.31(d), remove the period and add in its place ‘‘; and’’. [AMENDED] 28. In § 211.32, remove the words ‘‘section 801(a) of the Federal Aviation Act’’ and add in their place ‘‘49 U.S.C. 41307’’. ■ Prohibited exclusion of coverage. * [AMENDED] 25. In § 211.2(b), remove the words ‘‘subpart F’’ and add in their place the words ‘‘subpart E’’. ■ § 211.32 18. In § 205.4(a), remove the reference ‘‘https://ostpxweb.dot.gov’’ and add in its place ‘‘https://www.transportation.gov/ policy/aviation-policy/licensing/UScarriers’’. ■ 19. In § 205.6, revise the section heading and paragraph (b)(2) to read as follows: [AMENDED] 34. In § 213.1, remove ‘‘This regulation’’ and add in its place ‘‘This part’’. ■ § 213.5 PART 211—APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS Authority: 49 U.S.C. Chapters 401, 411, 413, 417. ■ § 213.1 [AMENDED] [AMENDED] 36. In § 213.5(c), remove ‘‘Rule 14 of part 302 of this chapter’’ and add in its place ‘‘§ 302.14 of this chapter (Rule 14 of part 302)’’. ■ 17. The authority citation for part 205 continues to read as follows: [AMENDED] Authority: 49 U.S.C. Chapters 401, 411, 413, 415, 417. 35. In § 213.2, remove ‘‘Rule 14 of part 302’’ and add in its place ‘‘§ 302.14 of this chapter (Rule 14 of part 302)’’. 23. Part 208 is removed. ■ § 205.4 33. The authority citation for part 213 continues to read as follows: ■ ■ PART 208—[REMOVED] ■ PART 213—TERMS, CONDITIONS AND LIMITATIONS OF FOREIGN AIR CARRIER PERMITS § 213.2 22. Part 207 is removed. § 211.31 ■ khammond on DSKBBV9HB2PROD with RULES4 PART 206—CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: SPECIAL AUTHORIZATIONS AND EXEMPTIONS 15925 PART 214—TERMS, CONDITIONS, AND LIMITATIONS OF FOREIGN AIR CARRIER PERMITS AUTHORIZING CHARTER TRANSPORTATION ONLY 37. Add an authority citation for part 214 to read as follows: ■ Authority: 49 U.S.C. 40101, 40102, 40109, 40113, 41504, 41708, 41712, and 46101. PART 215—USE AND CHANGE OF NAMES OF AIR CARRIERS, FOREIGN AIR CARRIERS AND COMMUTER AIR CARRIERS 38. The authority citation for part 215 continues to read as follows: ■ Authority: 49 U.S.C. Chapters 401, 411, 413, 417. 39. Section 215.1 is revised to read as follows: ■ § 215.1 PART 212—CHARTER RULES FOR U.S. AND FOREIGN DIRECT AIR CARRIERS 29. The authority citation for part 212 continues to read as follows: ■ Authority: 49 U.S.C. 40101, 40102, 40109, 40113, 41101, 41103, 41504, 41702, 41708, 41712, 46101. § 212.3 [AMENDED] 30. In § 212.3, paragraph (c)(i) is redesignated as paragraph (c)(1). ■ § 212.10 [AMENDED] 31. In § 212.10(e)(1), remove the words ‘‘part in interest’’ and add in their place the word ‘‘person’’. ■ § 212.11 [AMENDED] 32. In § 212.11(b)(1), remove the words ‘‘authority sought to covered’’ and add in their place the words ‘‘authority sought is covered’’. ■ PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 Applicability. This part applies to all certificated air carriers, commuter air carriers, and foreign direct air carriers and to initial and amended applications for authority, applications for certificate or permit transfers or reissuances, and registration of business names. § 215.4 [AMENDED] 40. Amend § 215.4 as follows: a. In paragraph (a), remove the words ‘‘Licensing Division’’ and add in their place the words ‘‘Foreign Air Carrier Licensing Division’’. ■ b. In paragraph (b), remove ‘‘Docket 17325’’ and add in its place ‘‘Docket DOT–OST–1995–236.’’ ■ ■ PART 216—COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS 41. The authority citation for part 216 continues to read as follows: ■ E:\FR\FM\16APR4.SGM 16APR4 15926 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations Authority: 49 U.S.C. Chapters 401, 413, 417. add in its place ‘‘appendix A of this part’’. 42. Throughout part 216, remove the words ‘‘Board’’ and ‘‘Board’s’’ wherever they appear and add in their place the words ‘‘Department’’ and ‘‘Department’s’’, respectively. ■ § 216.1 [AMENDED] 50. In § 217.6, remove ‘‘the Appendix to § 217.10 of this part’’ and add in its place ‘‘appendix A of this part’’. ■ § 217.10 [AMENDED] ■ ■ § 216.3 § 217.11 [AMENDED] 44. In § 216.3, remove the words ‘‘section 402 of the Act’’ and add in their place ‘‘49 U.S.C. 41301’’. [AMENDED] 45. In § 216.4(a), remove the words ‘‘Director, Bureau of International Aviation’’ and add in their place the words ‘‘Director, Office of International Aviation’’. ■ § 216.5 [AMENDED] 46. In § 216.5, remove the words ‘‘part 375 of the Department’s Special Regulations’’ and add in their place ‘‘part 375 of this chapter (the Department’s Special Regulations)’’. ■ PART 217—REPORTING TRAFFIC STATISTICS BY FOREIGN AIR CARRIERS IN CIVILIAN SCHEDULED, CHARTER, AND NONSCHEDULED SERVICES 47. The authority citation for part 217 is revised to read as follows: ■ Authority: 49 U.S.C. 329, 41102, 41301, 41708, and 41709. § 217.5 [AMENDED] 48. In § 217.5, remove ‘‘the appendix to § 217.10 of this part’’ everywhere it appears and add in its place ‘‘appendix A of this part’’. ■ § 217.6 [AMENDED] 49. In § 217.6(a), remove ‘‘the appendix to § 217.10 of this part’’ and ■ A–3—Airport code A–4—Airport code [AMENDED] 52. In § 217.11(b), remove the words ‘‘subject to a maximum fine of $10,000 or imprisonment for not more than 5 years, or both,’’. ■ 53. Add appendix A to read as follows: ■ ■ § 216.4 [AMENDED] 51. Amend § 217.10 as follows: a. Remove ‘‘the appendix to this section’’ and add in its place ‘‘appendix A to this part’’. ■ b. Remove the appendix to the section. 43. Amend § 216.1 as follows: a. In paragraph (a), remove the definition for ‘‘Act’’. ■ b. In paragraph (b), remove the words ‘‘section 101 of the Act’’ and add in their place ‘‘49.U.S.C. 40102’’. ■ ■ khammond on DSKBBV9HB2PROD with RULES4 § 217.8 Appendix A to Part 217—Instructions to Foreign Air Carriers for Reporting Traffic Data on Form 41 Schedule T– 100(f) (a) General instructions. (1) Description. Form 41 Schedule T–100(f) provides flight stage data covering both passenger/cargo and all cargo operations in scheduled and nonscheduled services. The schedule is used to report all flights which serve points in the United States or its territories as defined in this part. (2) Applicability. Each foreign air carrier holding a section 41302 permit or exemption authority shall file Schedule T–100(f). (3) Reports required by this section shall be submitted to the Bureau of Transportation Statistics in a format specified in accounting and reporting directives issued by the Bureau of Transportation Statistics’ Director of Airline Information. (4) Filing period. Form 41 Schedule T– 100(f) shall be filed monthly and is due at the Department thirty (30) days following the end of the reporting month to which the data are applicable. (b) Preparation of Form 41 Schedule T– 100(f): (1) Explanation of nonstop segments and on-flight markets. There are two basic categories of data, one pertaining to nonstop segments and the other pertaining to on-flight A–5—Service class (mark an X) markets. For example, the routing (A–B–C–D) consists of three nonstop segment records A– B, B–C, and C–D, and six on-flight market records A–B, A–C, A–D, B–C, B–D, and C– D. (2) Guidelines for reporting a nonstop segment. A nonstop segment is reported when one or both points are in the United States or its territories. These data shall be merged with that for all of the other reportable nonstop operations over the same segment. Nonstop segment data must be summarized by aircraft type, under paragraph (h)(1) of this appendix, and class of service, paragraph (g)(1)(v) of this appendix. (3) Rules for determining a reportable onflight market. On-flight markets are reportable when one or both points are within the U.S., with the following exceptions: (i) Do not report third country to U.S. markets resulting from flight itineraries which serve a third country prior to a homeland point in flights passing through the homeland bound for the U.S.; and (ii) do not report U.S. to third country markets resulting from itineraries serving third country points subsequent to a homeland point in flights outbound from the U.S. and passing through the homeland. In reporting data pertaining to these two exceptions, the traffic moving to or from the U.S. relating to the applicable prior or subsequent third countries (referred to as ‘‘behind’’ or ‘‘beyond’’ traffic) is to be combined with the applicable foreign homeland gateway point, just as though the traffic were actually enplaned or deplaned at the homeland gateway, without disclosure of the actual prior or subsequent points. Applicable flights are illustrated in examples (6) and (7) under paragraph (c) of this appendix. (c) Examples of flights. Following are some typical flight itineraries that show the reportable nonstop segment and on-flight market entries. The carrier’s homeland is the key factor in determining which on-flight markets are reportable. (1) SQ flight # 11 LAX—NRT—SIN. This is an example of a flight with an intermediate foreign country. It is not necessary to report anything on the NRT—SIN leg. SQ—Singapore Airlines LAX—Los Angeles, USA NRT—Tokyo-Narita, Japan SIN—Singapore, Singapore By aircraft type— Sum of all aircraft types— Origin Destination F G L P Q B–1—Aircraft type code B–2— Revenue aircraft departures B–3— Revenue passengers transported B–4— Revenue freight transported (kg) LAX .................... LAX .................... NRT ................... SIN .................... X X .... .... .... .... .... .... .... .... 8161 ........................ 12 ........................ 2400 ........................ 4800 ........................ (2) SQ flight #15 LAX—HNL—TPE—SIN. This is an example of two U.S. points, an intermediate third country, and a homeland point. Information is reportable on only the VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 on-flight markets and nonstop segments that consist of one or both U.S. points. SQ—Singapore Airlines LAX—Los Angeles, USA PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 C–1—Total revenue passengers in market 400 2000 HNL—Honolulu, USA TPE—Taipei, Taiwan SIN—Singapore, Singapore E:\FR\FM\16APR4.SGM 16APR4 C–2—Total revenue freight in market (kg) 500 4300 15927 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations A–3—Airport code A–4—Airport code A–5—Service class (mark an X) Origin Destination F G L P Q B–1—Aircraft type code LAX .................... LAX .................... LAX .................... HNL ................... HNL ................... HNL ................... TPE ................... SIN .................... TPE ................... SIN .................... X X X X X .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... 8161 ........................ ........................ 8161 ........................ (3) LB flight # 902 LPB–VVI–MAO–CCS– MIA. This flight serves two homeland points and two different foreign countries before terminating in the U.S. Nonstop segment information is required only for the nonstop segment involving a U.S. point. On-flight market information is required in 4 of the 10 A–3—Airport code A–4—Airport code Origin Destination CCS ................... LPB .................... VVI ..................... MAO .................. MIA MIA MIA MIA .................... .................... .................... .................... A–3—Airport code A–4—Airport code F G L P Q X X X X .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... 8161 ........................ ........................ ........................ G L P Q AMS ................... TLV .................... TLV .................... ORD ................... AMS ................... ORD .................. ORD .................. LAX ................... LAX ................... LAX .................... X X X X X .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... 8161 ........................ ........................ 8161 ........................ CNS SYD BNE HNL ................... ................... ................... ................... HNL HNL HNL YVR ................... ................... ................... ................... 18:38 Apr 15, 2019 B–4— Revenue freight transported (kg) 31 ........................ ........................ ........................ 6900 ........................ ........................ ........................ 71000 ........................ ........................ ........................ B–3— Revenue passengers transported B–4— Revenue freight transported (kg) 1 ........................ ........................ 1 ........................ 350 ........................ ........................ 150 ........................ 10000 ........................ ........................ 4500 ........................ By aircraft type— L P Q B–1—Aircraft type code B–2— Revenue aircraft departures B–3— Revenue passengers transported X X X X .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... 8161 ........................ ........................ 8161 5 ........................ ........................ 5 2200 ........................ ........................ 750 41000 ........................ ........................ 15700 Fmt 4701 Sfmt 4700 0 1100 4000 1000 C–2—Total revenue freight in market (kg) 0 20000 30000 12000 C–1—Total revenue passengers in market 50 150 125 0 25 C–2—Total revenue freight in market (kg) 1500 4000 3000 0 1500 Sum of all aircraft types— G Frm 00009 C–1—Total revenue passengers in market SYD—Sydney, Australia BNE—Brisbane, Australia CNS—Cairns, Australia HNL—Honolulu, USA YVR—Vancouver, Canada F PO 00000 0 1300 4000 800 6000 Sum of all aircraft types— B–4— Revenue freight transported (kg) Jkt 247001 0 700 2000 1200 1000 TLV—Tel Aviv, Israel AMS—Amsterdam, Netherlands ORD—Chicago, USA LAX—Los Angeles, USA B–2— Revenue aircraft departures and cargo shall be shown as enplanements in the NRT–SFO on-flight market entry. These volumes are included by definition in the C–2—Total revenue freight in market (kg) Sum of all aircraft types— B–3— Revenue passengers transported flight market entries involving the U.S. point HNL are also required. Data are not required on the homeland to homeland markets, or the homeland—third country markets. QF—Qantas Airways (Australia) C–1—Total revenue passengers in market LB—Lloyd Aero Boliviano LPB—La Paz, Bolivia VVI—Santa Cruz-Viru Viru, Bolivia MAO—Manaus, Brazil CCS—Caracas, Venezuela MIA—Miami, USA B–2— Revenue aircraft departures A–5—Service class (mark an X) (6) JL flight #002 HKG—NRT—SFO. This flight originates in a third country prior to the homeland. No data is required on the HKG–NRT leg, but the HKG–SFO passengers VerDate Sep<11>2014 5300 ........................ ........................ 6800 ........................ By aircraft type— F Destination 2700 ........................ ........................ 2200 ........................ A–5—Service class (mark an X) Destination Origin 12 ........................ ........................ 12 ........................ its homeland origination. The information on the TLV–AMS leg is not reportable. LY—El Al Israel Airlines Origin A–4—Airport code B–4— Revenue freight transported (kg) By aircraft type— B–1—Aircraft type code A–3—Airport code B–3— Revenue passengers transported markets, LPB–MIA and VVI–MIA, since these involve homeland and U.S. points; MAO– MIA is necessary to show traffic carried into the U.S., and CCS–MIA for the same reason, and also because in all cases where a nonstop segment entry is required, a corresponding on-flight market entry must also be reported. B–1—Aircraft type code (5) QF flight #25 SYD—BNE—CNS— HNL—YVR. This flight serves three homeland points, a U.S. point, and a subsequent third country. Nonstop segment information is required on the respective legs into and out of the United States. All on- Sum of all aircraft types— B–2— Revenue aircraft departures A–5—Service class (mark an X) (4) LY flight #005 TLV–AMS–ORD–LAX. This flight serves a single foreign intermediate point and two U.S. points after khammond on DSKBBV9HB2PROD with RULES4 By aircraft type— C–1—Total revenue passengers in market 400 600 600 150 C–2—Total revenue freight in market (kg) 8000 10000 9000 1700 passenger and cargo transported volumes of the NRT–SFO nonstop segment entry. JL—Japan Air Lines HKG—Hong Kong, Hong Kong E:\FR\FM\16APR4.SGM 16APR4 15928 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations NRT—Tokyo-Narita, Japan A–3—Airport code A–4—Airport code SFO—San Francisco, USA A–5—Service class (mark an X) Origin Destination F G L P Q NRT ................... SFO ................... X .... .... .... .... (7) JL flight #001 SFO–NRT–HKG. This flight is the reverse sequence of flight #002 above; it requires a nonstop segment entry covering SFO–NRT, and a single on-flight market entry also for SFO–NRT. In this case, A–3—Airport code A–4—Airport code F G L P Q SFO ................... NRT ................... X .... .... .... .... 8161 F G L P Q LHR ................... ANC ................... ANC ................... ANC ................... NRT ................... OSA ................... X X X .... .... .... .... .... .... .... .... .... .... .... .... 8161 8161 ........................ 1 Frm 00010 B–4— Revenue freight transported (kg) 400 C–1—Total revenue passengers in market 20000 18000 400 C–2—Total revenue freight in market (kg) 20000 LHR—London, England ANC—Anchorage, USA NRT—Tokyo-Narita, Japan OSA—Osaka, Japan Sum of all aircraft types— B–3— Revenue passengers transported B–4— Revenue freight transported (kg) 10 10 ........................ 3000 3150 ........................ 50000 55000 ........................ Sfmt 4700 1200 C–2—Total revenue freight in market (kg) Sum of all aircraft types— B–2— Revenue aircraft departures Fmt 4701 C–1—Total revenue passengers in market JL—Japan Air Lines SFO—San Francisco, USA NRT—Tokyo-Narita, Japan HKG—Hong Kong, Hong Kong B–3— Revenue passengers transported nonstop segment data, rather than on a separate schedule. (3) Section C—On-flight market information. Section C of the schedule is used for reporting on-flight market data. There will always be an on-flight market that corresponds to the nonstop segment. Because the on-flight market data are reported at the service class level rather than by aircraft type, a specific flight may produce more onflight markets than nonstop segments, (see examples in paragraph (c) of this appendix), resulting in data reported in sections A and C only. (f) [Reserved] (g) Data element definitions: (1) Service pattern information. (i) Line A–1 Carrier code. Use the carrier code established by the Department. This code is provided to each carrier in the initial reporting letter from the Office of Airline Information (OAI). If there are any questions about these codes, contact the OAI Data Administration Division at the address in paragraph (a)(3) of this appendix. (ii) Line A–2 Report date. This is the year and month to which the data are applicable. For example, 200009 indicates the year 2000, and the month of September. (iii) Line A–3 Origin airport code. This is the departure airport, where an aircraft PO 00000 18000 By aircraft type— Destination Jkt 247001 1200 U.S., and all three of the on-flight markets which have the U.S. point ANC as either an origin or destination. BA—British Airways Origin 18:38 Apr 15, 2019 B–2— Revenue aircraft departures B–1—Aircraft type code B–1—Aircraft type code VerDate Sep<11>2014 3 A–5—Service class (mark an X) (d) Provisions to reduce paperwork: (1) Nonstop Segment Entries. The flight stage data applicable to nonstop segment entries must be summarized to create totals by aircraft equipment type, within service class, within pairs-of-points. (2) On-flight Market Entries. The applicable on-flight market entries shall be summarized to create totals by service class within pair-of-points. (e) Preparation of Schedule T–100 (f): (1) Section A—Indicative and flight pattern information. A copy of Schedule T–100(f) is shown at the end of this appendix. Section A defines the origin and destination points and the service class code to which the nonstop segment data in Section B and the on-flight market data in Section C are applicable. Section A information, along with the carrier code and report date, must be included on each schedule. (2) Section B—Nonstop segment information. Section B of the schedule is used for reporting nonstop segment information by aircraft type. To reduce the number of schedules reported, space is provided for including data on multiple different aircraft types. Similarly, the onflight market section has been included on a single Schedule T–100(f), along with the B–4— Revenue freight transported (kg) B–3— Revenue passengers transported By aircraft type— Destination A–4—Airport code 8161 Sum of all aircraft types— the on flight traffic enplaned at SFO and destined for HKG, a beyond homeland point, shall be included in the SFO–NRT entry; a separate SFO–HKG entry is not required. Origin A–3—Airport code B–2— Revenue aircraft departures B–1—Aircraft type code A–5—Service class (mark an X) (8) BA flight #5 LHR–ANC–NRT–OSA. This example contains a single homeland point and a single U.S. point followed by two third country points. It is necessary to report the nonstop segments into and out of the khammond on DSKBBV9HB2PROD with RULES4 By aircraft type— C–1—Total revenue passengers in market 100 100 150 C–2—Total revenue freight in market (kg) 1000 2500 1500 begins a flight segment, and where the passengers originate in an on-flight market. Use the 3-letter code from the City/Airport Codes section of the Official Airline Guide Worldwide Edition. If no 3-letter code is available, OAI will assign one; the address is in paragraph (a)(3) of this appendix. (iv) Line A–4 Destination airport code. This is the arrival airport, where an aircraft stops on a flight segment, and where passengers deplane (get off the flight) after reaching their destination in a market. Use the 3-letter code from the source described in paragraph (g)(1)(iii) of this appendix. (v) Line A–5 Service class code. Select one of the following single letter codes which describes the type of service being reported on a given flight operation. F = Scheduled Passenger/cargo Service G = Scheduled All-cargo Service L = Nonscheduled Civilian Passenger/Cargo Charter P = Nonscheduled Civilian All-Cargo Charter Q = Nonscheduled Services (Other than Charter) (2) Nonstop segment information: (i) Line B–1 Aircraft type code. Use the four digit numeric code prescribed in paragraph (h)(1) of this appendix. If no aircraft type code is available, OAI will E:\FR\FM\16APR4.SGM 16APR4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations assign one. The address is in paragraph (a)(3) of this appendix. (ii) Line B–2 Aircraft departures performed. This is the total number of physical departures performed with a given aircraft type, within service class and pair-ofpoints. (iii) Line B–3 Revenue passengers transported. This is the total number of revenue passengers transported on a given nonstop segment. It represents the total number of revenue passengers on board over the segment without regard to their actual point of enplanement. (iv) Line B–4 Revenue freight transported. This item is the total weight in kilograms (kg) of the revenue freight transported on a given nonstop segment without regard to its actual point of enplanement. (3) On-flight market information: (i) Line C–1 Total revenue passengers in market. This item represents the total number of revenue passengers, within service class, that were enplaned at the origin airport and deplaned at the destination airport. (ii) Line C–2 Total revenue freight in market. This item represents the total weight in kilograms (kg) of revenue freight enplaned at the origin and deplaned at the destination airport. (h) [Reserved] (i) Joint Service. (1) The Department may authorize joint service operations between two direct air carriers. Examples of these joint service operations are: Blocked-space agreements; Part-charter agreements; Code-sharing agreements; Wet-lease agreements, and similar arrangements. (2) Joint-service operations shall be reported on BTS Form 41 Schedules T–100 and T–100(f) by the air carrier in operational control of the flight, i.e., the air carrier that uses its flight crew to perform the operation. If there are questions about reporting a jointservice operation, contact the BTS Assistant Director—Airline Information at the address in paragraph (a)(3) of this appendix. (j) [Reserved] PART 218—LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF AIRCRAFT WITH CREW 54. The authority citation for part 218 is revised to read as follows: ■ Authority: 49 U.S.C. 40113 and 41301. § 218.2 [AMENDED] 55. In § 218.2, remove the words ‘‘section 402 of the Act’’ and add in their place ‘‘49 U.S.C. 41301’’. khammond on DSKBBV9HB2PROD with RULES4 ■ § 218.3 [AMENDED] 56. Amend § 218.3 as follows: ■ a. In paragraph (a)(1), remove the words ‘‘section 402 of the Act’’ and add in their place ‘‘49 U.S.C. 41301’’. ■ b. In paragraph (a)(2), remove the words ‘‘section 416 of the Act’’ and add in their place ‘‘49 U.S.C. 40109’’. ■ VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 c. In paragraphs (a)(2) and (3), remove the word ‘‘Board’’ and add in its place the word ‘‘Department’’. ■ § 218.5 [AMENDED] 57. In § 218.5, remove the word ‘‘Board’’ each place it appears and add in its place the word ‘‘Department’’. ■ § 218.6 [AMENDED] 58. In § 218.6, remove the word ‘‘Board’’ and add in its place the word ‘‘Department’’. ■ PART 221—TARIFFS 59. The authority citation for part 221 continues to read as follows: ■ Authority: 49 U.S.C. 40101, 40109, 40113, 46101, 46102, chapter 411, chapter 413, chapter 415 and chapter 417, subchapter I. 60. Throughout part 221, remove the words ‘‘of the statute’’ and add in their place ‘‘of 49 U.S.C. Subtitle VII’’. ■ § 221.3 [AMENDED] 61. In § 221.3, remove the definitions for ‘‘Department’’ and ‘‘Statute’’. ■ 62. Section 221.105 is revised to read as follows: ■ § 221.105 Special notice of limited liability under international treaty. (a)(1) In addition to the other requirements of this subpart, each air carrier and foreign air carrier which, to any extent, avails itself of the limitation on liability to passengers provided by an international treaty, shall, at the time of delivery of the ticket, furnish to each passenger whose transportation is governed by the international treaty and whose place of departure or place of destination is in the United States, the following statement in writing: Advice to International Passengers on Limitations of Liability Passengers embarking upon a journey involving an ultimate destination or a stop in a country other than the country of departure are advised that the provisions of an international treaty (the Warsaw Convention, the 1999 Montreal Convention, or other treaty), as well as a carrier’s own contract of carriage or tariff provisions, may be applicable to their entire journey, including any portion entirely within the countries of departure and destination. The applicable treaty governs and may limit the liability of carriers to passengers for death or personal injury, destruction or loss of, or damage to, baggage, and for delay of passengers and baggage. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier’s liability under an international PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 15929 treaty. For further information please consult your airline or insurance company representative. (2) The statement prescribed in paragraph (a)(1) of this section shall be printed or displayed in type at least as large as 10-point modern type and in a form that contrasts with the stock or background on: (i) Each ticket, including electronic tickets; (ii) A piece of paper either placed in the ticket envelope with the ticket or attached to the ticket; or (iii) The ticket envelope. (3) When a carrier is a signatory of a Department-approved intercarrier agreement implementing an international treaty, and such agreement contains specific text a carrier may use as a notice to international passengers regarding carrier liability, the carrier may substitute the exact text contained in the intercarrier agreement in lieu of the required text of the notice quoted in paragraph (a)(1) of this section. (b) By December 31, 2019, each air carrier and foreign air carrier which, to any extent, avails itself of the limitation on liability to passengers provided by an international treaty, shall also cause to be displayed continuously in a conspicuous public place at each desk, station, and position in the United States which is in the charge of a person employed exclusively by it or by it jointly with another person, or by any agent employed by such air carrier or foreign air carrier to sell tickets to passengers whose transportation may be governed by an international treaty and whose place of departure or destination may be in the United States, a sign which shall have printed thereon the statement prescribed in paragraph (a)(1) of this section. (c) It shall be the responsibility of each carrier to ensure that travel agents authorized to sell air transportation for such carrier comply with the notice provisions of paragraphs (a) and (b) of this section. (d) Any air carrier or foreign air carrier subject to the provisions of this section which wishes to use a notice of limited liability of its own wording, but containing the substance of the language prescribed in paragraphs (a) and (b) of this section, may substitute a notice of its own wording upon approval by the Department. (e) The requirements as to time and method of delivery of the notice (including the size of type) specified in paragraphs (a) and (b) of this section and the requirement with respect to travel agents specified in paragraph (c) of this section may be waived by the Department upon application and E:\FR\FM\16APR4.SGM 16APR4 15930 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations showing by the carrier that special and unusual circumstances render the enforcement of the regulations impractical and unduly burdensome and that adequate alternative means of giving notice are employed. (f) Applications for relief under paragraphs (d) and (e) of this section shall be filed with the Department’s Office of International Aviation not later than 15 days before the date on which such relief is requested to become effective. (g) Notwithstanding any other provisions of this section, no air taxi operator subject to part 298 of this subchapter shall be required to give the notices prescribed in this section, either in its capacity as an air carrier or in its capacity as an agent for an air carrier or foreign air carrier. § 221.106 § 222.5 Appendix A to Part 222 [REMOVED] ■ 69. Appendix A to part 222 is removed. PART 223—FREE AND REDUCEDRATE TRANSPORTATION 70. The authority citation for part 223 is revised to read as follows: ■ 71. Section 223.1 is revised to read as follows: ■ 63. Section 221.106 is removed and reserved. ■ PART 222—INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS § 223.1 64. The authority citation for part 222 is revised to read as follows: Authority: 49 U.S.C. 40113 and 41301. § 222.2 [AMENDED] 65. In § 222.2(a) and (d), remove the word ‘‘Board’’ each place it appears and add in its place the word ‘‘Department’’. ■ 66. In § 222.3, paragraphs (a) and (b) are revised to read as follows: ■ § 222.3 Application for Statement of Authorization. (a) Application for a Statement of Authorization shall be filed with the Department’s Foreign Air Carrier Licensing Division, Office of International Aviation, in duplicate, on OST Form 4500. In most cases, the Department will act upon applications for Statements of Authorization within 60 days. (b) Persons objecting to an application for a Statement of Authorization shall file their objections with the Foreign Air Carrier Licensing Division, Office of International Aviation, within 28 days of the filing date of the application. The Department will list the names and nationalities of all persons applying for Statements of Authorization in its Weekly Summary of Filings. * * * * * § 222.4 [AMENDED] 67. Amend § 222.4 as follows: a. In paragraph (a) introductory text, remove the word ‘‘Board’’ and add in its place the word ‘‘Department’’. ■ ■ VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 [AMENDED] 68. In § 222.5, remove the word ‘‘Board’’ each place it appears and add in its place the word ‘‘Department’’. ■ Authority: 49 U.S.C. 40113, 40114, and 41711. [REMOVED AND RESERVED] ■ khammond on DSKBBV9HB2PROD with RULES4 b. In paragraph (a)(1), remove ‘‘CAB Form 222’’ and ‘‘Form 222’’ and add in their place ‘‘OST Form 4500’’ and ‘‘Form 4500’’, respectively. ■ c. In paragraph (b), remove the word ‘‘Board’s’’ and add in its place the word ‘‘Department’s’’. ■ Definitions. As used in this part, unless the context otherwise requires: Affiliate of a carrier means a person: (1) Who controls that carrier, or is controlled by that carrier or by another person who controls or is controlled by that carrier; and (2) Whose principal business in purpose or in fact is: (i) The holding of stock in one or more carriers; (ii) Transportation by air or the sale of tickets therefor; (iii) The operation of one or more airports, one or more of which are used by that carrier or by another carrier who controls or is controlled by that carrier or that is under common control with that carrier by another person; or (iv) Activities related to the transportation by air conducted by that carrier or by another carrier that controls or is controlled by that carrier or which is under common control with that carrier by another person. Air carrier means the holder of a certificate of public convenience and necessity issued by the Department under 49 U.S.C. 41102 authorizing the carriage of persons. This definition is applicable to a holder of a certificate issued by the Civil Aeronautics Board before its sunset in 1984. Attendant means any person required by a passenger with a disability in order to travel, whether or not that person’s services are required while the passenger with a disability is in an aircraft. Carrier means: (1) An air carrier; (2) An all-cargo air carrier operating under 49 U.S.C. 41102, 41103; PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 (3) A foreign air carrier; (4) An intrastate carrier; (5) An air taxi (including a commuter air carrier) operating under part 294 or 298 of this chapter; and (6) Any person operating as a common carrier by air, or in the carriage of mail by air, or conducting transportation by air, in a foreign country. Delivery flight means a flight from a point in the United States where a carrier has taken delivery of a newly manufactured aircraft to any point or points on its route system. Foreign air carrier means the holder of a permit issued by the Department under 49 U.S.C. 41302 authorizing the carriage of persons. This definition is applicable to a holder of a certificate issued by the Civil Aeronautics Board before its sunset in 1984. Free transportation means the carriage by an air carrier or foreign air carrier of any person or property (other than property owned by that carrier) in air transportation without compensation therefore. Inaugural flight means a flight on an aircraft type being introduced by a carrier for the first time on a route, even if that aircraft type has been used by that carrier on other routes or on that route by other carriers. Passenger with a disability means any person who has a physical or mental impairment (other than drug addiction or alcoholism), that substantially limits one or more major life activities. Pass means a written authorization, other than actual ticket stock, issued by a carrier for free or reduced-rate transportation of persons or property. Reduced-rate transportation means the carriage by an air carrier or foreign air carrier of any person or property (other than property owned by such carrier) in air transportation for a compensation less than that specified in the tariffs of that carrier on file with the Department and otherwise applicable to such carriage. Retired means: (1) With respect to carrier directors, officers, and employees, persons receiving retirement benefits from any carrier; and (2) With respect to the general public, persons not regularly working at a fulltime paying job, and not intending to do so in the future. § 223.2 [AMENDED] 72. In § 223.2, remove the words ‘‘section 401 of the Act’’ everywhere they appear and add in their place ‘‘49 U.S.C. 41102’’. ■ E:\FR\FM\16APR4.SGM 16APR4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations § 223.6 [AMENDED] 73. In § 223.6(c), remove the word ‘‘Board’’ and add in its place the word ‘‘Department’’. ■ § 223.21 [AMENDED] 74. In § 223.21(a), remove the words ‘‘section 403(b) of the Act’’ and add in their place ‘‘49 U.S.C. 41511’’. ■ § 223.22 [AMENDED] 75. In § 223.22: a. In the introductory text, remove the words ‘‘sections 403 and 404(b) of the Act’’ and add in their place ‘‘49 U.S.C. 41510 and 41310(b)’’. ■ b. In paragraphs (b) introductory text and (b)(1), remove the word ‘‘Board’’ and add in its place the word ‘‘Department’’. ■ ■ § 223.23 [AMENDED] 76. In § 223.23(a), remove the word ‘‘Board’’ and add in its place the word ‘‘Department’’. ■ § 223.25 [AMENDED] 77. In § 223.25(c), remove the word ‘‘Board’’ and add in its place the word ‘‘Department’’. ■ PART 232—[REMOVED] ■ 78. Part 232 is removed. PART 234—AIRLINE SERVICE QUALITY PERFORMANCE REPORTS 79. The authority citation for part 234 is revised to read as follows: ■ Authority: 49 U.S.C. 329, 41708, and 41709. PART 240—INSPECTION OF ACCOUNTS AND PROPERTY 80. Add an authority citation for part 240 to read as follows: ■ Authority: 49 U.S.C. 40113, 40114, 41711, 41708, and 41709. 81. Section 240.1 is revised to read as follows: ■ khammond on DSKBBV9HB2PROD with RULES4 § 240.1 Interpretation. (a) In the exercise of the authority granted by 49 U.S.C. 41709, the authority of any special agent or auditor to inspect and examine lands, buildings, equipment, accounts, records, memorandums, papers or correspondence shall include the authority to make such notes and copies thereof as he or she deems appropriate. (b) The terms ‘‘special agent’’ and ‘‘auditor’’ are construed to mean any employee of the Office of Aviation Enforcement and Proceedings and any other employee of the Department specifically designated by it or by the Director, Office of Security. (c) The issuance in the form set forth in this paragraph (c) of an identification VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 card and credentials to any such employee shall be construed to be an order and direction of the Department to such individual to inspect and examine lands, buildings, equipment, accounts, records, and memorandums in accordance with the authority conferred on the Department by 49 U.S.C. Subtitle VII. THE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, OFFICE OF THE SECRETARY OF TRANSPORTATION [photo] [number] [expiration date] IS APPOINTED [title] The bearer of this credential whose name and photograph appear hereon is authorized to enter upon, to inspect, and examine lands, buildings (including airport facilities), and equipment (including aircraft) of air carriers and foreign air carriers, and to inspect and copy records and papers of air carriers, foreign air carriers and ticket agents, in performance of his/her duties under 49 U.S.C. 41709, related acts, and regulations of the Department. BY DIRECTION OF THE SECRETARY § 240.2 [AMENDED] 82. Amend § 240.2 as follows: a. Remove the word ‘‘Board’’ and add in its place the word ‘‘Department’’. ■ b. Remove the word ‘‘him’’ and add in its place the words ‘‘him or her’’. ■ c. Remove ‘‘(a)’’ and ‘‘(b)’’. ■ d. Remove the word ‘‘he’’ and add in its place the words ‘‘he or she’’. ■ ■ PART 241—UNIFORM SYSTEM OF ACCOUNTS AND REPORTS FOR LARGE CERTIFICATED AIR CARRIERS 83. The authority citation for part 241 is revised to read as follows: ■ Authority: 49 U.S.C. 329, 41101, 41708, and 41709. Section 01 [REMOVED AND RESERVED] 84. Section 01 is removed and reserved. ■ 85. In Section 03, remove the definition for ‘‘Act’’ and revise the definitions for ‘‘Air transportation, charter’’ and ‘‘Route, certificated’’ to read as follows: ■ Section 03 Definitions for Purposes of This System of Accounts and Reports. * * * * * Air transportation, charter. Air transportation authorized pursuant to 49 U.S.C. 41102. * * * * * PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 15931 Route, certificated. The route(s) over which an air carrier is authorized to provide air transportation by a Certificate of Public Convenience and Necessity issued by the Department of Transportation pursuant to 49 U.S.C. 41102. This definition is applicable to an air carrier issued a Certificate of Public Convenience by the Civil Aeronautics Board before its sunset in 1984. * * * * * Section 04 [AMENDED] 86. In Section 04(b), remove the words ‘‘The Office of Airline Statistics’’ and add in their place ‘‘The Office of Airline Information’’. ■ Section 12 [AMENDED] 87. In Section 12, under heading 77, in paragraph (b), remove the words ‘‘, in the absence of such action by the Civil Aeronautics Board,’’. ■ Sec. 19–6 [AMENDED] 88. In Sec. 19–6(b)(2), remove the words ‘‘Department under Title IV of the Federal Aviation Act of 1958, as amended,’’ and add in their place the words ‘‘Department under 49 U.S.C. Subtitle VII,’’. ■ 89. Amend Sec. 19–7 as follows: ■ a. In paragraph (a), in the last sentence, remove ‘‘K–25’’ and add in its place ‘‘RTS–42’’. ■ b. In appendix A, subsection I.B., in the first paragraph, revise the last sentence. The revision reads as follows: ■ Sec. 19–7 survey. Passenger origin-destination * * * * * Appendix A to § 19–7—Instructions to Air Carriers for Collecting and Reporting Passenger Origin-Destination Survey Statistics * * * * * I. * * * B. * * * * * * The authority for these instructions is found in 14 CFR part 241, sec. 19–7. * * Section 21 * * * [AMENDED] 90. Amend Section 21(a) as follow: a. Remove the words ‘‘subject to the Federal Aviation Act of 1958, as amended,’’. ■ b. Remove the words ‘‘Civil Aeronautics Board’’ and add in their place the word ‘‘BTS’’. ■ 91. Amend Section 22 as follows: ■ a. In paragraph (a), in the table entitled ‘‘List of Schedules in the BTS Form 41 Report’’, revise the entry for Schedule No. P–2. ■ ■ E:\FR\FM\16APR4.SGM 16APR4 15932 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations b. In paragraphs (c) and (j), remove the word ‘‘Board’’ each place it appears and add in its place the word ‘‘BTS’’. The revision reads as follows: ■ Section 22 General Reporting Instructions. (a) * * * LIST OF SCHEDULES IN BTS FORM 41 REPORT [See footnotes at end of table] Applicability by carrier group Schedule No. Title Filing frequency I * P–2 .................................. * * * * Notes to BTS Form 41 report ............. * * * Section 24 * * * [AMENDED] 92. In Section 24, Schedule P–5.1, in paragraph (e), remove the words ‘‘Board’s Information Management Division’’ and add in their place the words ‘‘Office of Airline Information, RTS–42’’. ■ * Act of 1958, as amended’’ and add in their place ‘‘49 U.S.C. Subtitle VII (Transportation)’’. §§ 247.2 through 247.10 RESERVED] [ADDED AND 99. The authority citation for part 248 is revised to read as follows: ■ 93. The authority citation for part 243 continues to read as follows: ■ Authority: 49 U.S.C. 40101, 40101nt., 40105, 40113, 40114, 41708, 41709, 41711, 41501, 41702, 41712, 44909, 46301, 46310, 46316; section 203 of Pub. L. 101–604, 104 Stat. 3066 (22 U.S.C. 5501–5513), Title VII of Pub. L. 104–264, 110 Stat. 3213 (22 U.S.C. 5501–5513) and Pub. L. 105–148, 111 Stat. 2681 (49 U.S.C. 41313.) Authority: 49 U.S.C. 329, 41102, 41708, and 41709. § 243.11 [AMENDED] 94. In § 243.11(c), remove the words ‘‘Family Support Services’’ and add in their place the words ‘‘Transportation Disaster Assistance’’. ■ § 243.13 95. Amend § 243.13(c) as follows: a. Remove the words ‘‘Dockets Facility (SVC–121.30)’’ and add in their place the words ‘‘Dockets Management Facility (M–90)’’. ■ b. Remove the words ‘‘by July 1, 1998, or, for covered airlines beginning operations after July 1, 1998,’’. ■ ■ Authority: 49 U.S.C. chapter 401. 101. The authority citation for part 249 continues to read as follows: Authority: 49 U.S.C. 329 and chapters 401, 411, 413, 417. [AMENDED] 102. In §§ 249.6(a) and 249.10, remove ‘‘this regulation’’ and add in its place ‘‘this part’’. ■ [AMENDED] PART 251—CARRIAGE OF MUSICAL INSTRUMENTS 105. The authority citation for part 251 continues to read as follows: ■ § 251.1 [AMENDED] Frm 00014 Fmt 4701 [AMENDED] 106. In § 251.1, remove the definition for ‘‘FAA’’. ■ PART 253—NOTICE OF TERMS OF CONTRACT OF CARRIAGE 107. The authority citation for part 253 is revised to read as follows: ■ Authority: 49 U.S.C. 40113, 40114, 41501, 41504, 41506, 41509, 41510, 41511, 41702, and 41711. § 253.1 [AMENDED] 108. In § 253.1, remove the words ‘‘of this rule’’ and add in their place ‘‘of this part’’. ■ § 253.2 [AMENDED] 109. In § 253.2, remove the words ‘‘This rule’’ and add in their place ‘‘This part’’. ■ § 253.7 [AMENDED] 110. In § 253.7, remove the reference ‘‘§ 399.87’’ and add in its place the reference ‘‘§ 399.88’’. ■ PART 257—DISCLOSURE OF CODESHARING ARRANGEMENTS AND LONG-TERM WET LEASES Authority: 49 U.S.C. 40113(a) and 41712. § 257.3 [AMENDED] 112. Amend § 257.3 as follows: a. Revise the definition of ‘‘Designator code’’. ■ b. Redesignate paragraph (g) as an undesignated paragraph. ■ ■ 104. In § 249.9, remove ‘‘these regulations’’ and add its place ‘‘this part’’. PO 00000 * 111. The authority citation for part 257 continues to read as follows: ■ Jkt 247001 X ■ [AMENDED] 103. In § 249.7(b), remove the word ‘‘Board’’ and add in its place the word ‘‘Department’’. § 249.9 97. In § 247.1, remove the words ‘‘Titles IV and X of the Federal Aviation ■ 18:38 Apr 15, 2019 PART 249—PRESERVATION OF AIR CARRIER RECORDS §§ 249.6 and 249.10 * X * ■ 96. The authority citation for part 247 continues to read as follows: ■ VerDate Sep<11>2014 100. In § 248.2(b), remove the words ‘‘Board’s Office of the Comptroller’’ and add in their place the words ‘‘Bureau of Transportation Statistics’ (BTS) Office of Airline Information’’. ■ § 249.7 PART 247—DIRECT AIRPORT-TOAIRPORT MILEAGE RECORDS § 247.1 [AMENDED] ■ [AMENDED] III Authority: 49 U.S.C. 41724. 98. Add reserved §§ 247.2 through 247.10. ■ § 248.2 * (1) * PART 248—SUBMISSION OF AUDIT REPORTS PART 243—PASSENGER MANIFEST INFORMATION khammond on DSKBBV9HB2PROD with RULES4 * * Q ................................... II Sfmt 4700 E:\FR\FM\16APR4.SGM 16APR4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations c. In the definition of ‘‘Ticket agent’’, remove ‘‘49 U.S.C. 40102(40)’’ and add in its place ‘‘49 U.S.C. 40102(45)’’. The revision reads as follows: criteria outlined in 49 U.S.C. Chapter 417. * * * * * § 257.3 PART 272—[REMOVED AND RESERVED] ■ Definitions. * * * * * Designator code means the airline designations originally allotted, administered, and prescribed by the Department of Transportation (DOT), by operation of law, pursuant to 49 U.S.C. Subtitle VII or its predecessor’s statutory provisions still in effect by law. * * * * * PART 258—DISCLOSURE OF CHANGE-OF-GAUGE SERVICES [AMENDED] 114. In § 258.3(d), remove the reference ‘‘40102(40)’’ and add in its place the reference ‘‘40102(a)(45)’’. Appendix A to Subpart E of Part 291— Instructions to U.S. Air Carriers for Reporting Traffic and Capacity Data on Schedule T–100 PART 259—ENHANCED PROTECTIONS FOR AIRLINE PASSENGERS 115. The authority citation for part 259 continues to read as follows: ■ Authority: 49 U.S.C. 40101(a)(4), 40101(a)(9), 40113(a), 41702, and 41712. [AMENDED] 116. In § 259.4(d) and (f), remove ‘‘this rule’’ and add in its place ‘‘this section’’. 117. The authority citation for part 271 continues to read as follows: ■ Authority: 49 U.S.C. Chapters 401, 417. 118. In § 271.2, the definition for ‘‘Eligible place’’ is revised to read as follows: ■ § 271.2 Definitions. * * * * * Eligible place means a place in the United States that meets the specified khammond on DSKBBV9HB2PROD with RULES4 Field No. Positions 1 .......................... 2 .......................... 3 .......................... 4 .......................... 5 .......................... 6 .......................... 7 .......................... 8 .......................... 9 .......................... 10 ........................ 11 ........................ 12 ........................ VerDate Sep<11>2014 1 2–6 7–12 13–15 16–18 19 20–23 24–28 29–38 39–45 46–52 53–62 18:38 Apr 15, 2019 [AMENDED] 122. In § 291.45, remove the appendix to the section. ■ 123. Add appendix A to subpart E to read as follows: ■ ■ PART 271—GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION Authority: 49 U.S.C. 329, 41103, 41708, and 41709. § 291.45 Authority: 49 U.S.C. 40113(a) and 41712. ■ 120. The authority citation for part 291 is revised to read as follows: ■ 121. Throughout part 291, remove the words ‘‘of the Statute’’ and add in their place ‘‘of 49 U.S.C. Subtitle VII’’. 113. The authority citation for part 258 continues to read as follows: § 259.4 PART 291—CARGO OPERATIONS IN INTERSTATE AIR TRANSPORTATION ■ ■ § 258.3 119. Part 272 is removed and reserved. ■ (a) Format of reports—(1) Automatic Data Processing (ADP) magnetic tape. Refer to paragraph (d) of this appendix for instructions pertaining to mainframe and minicomputer reporting. The Department will issue ‘‘Accounting and Reporting Directives’’ to make necessary technical changes to these T–100 instructions. Technical changes which are minor in nature do not require public notice and comment. (2) Microcomputer diskette—(i) Optional specification. If an air carrier desires to use its personal computers (PC’s), rather than mainframe or minicomputers to prepare its data submissions, the following specifications for filing data on diskette media apply. (ii) Reporting medium. Microcomputer ADP data submission of T–100 information must be on IBM compatible disks. Carriers wishing to use a different ADP procedure must obtain written approval to do so from the BTS Assistant Director—Airline Information. Requests for approval to use alternate methods must disclose and describe the proposed data transmission methodology. Refer to paragraph (i) of this appendix for microcomputer record layouts. Mode Jkt 247001 PO 00000 (iii) Microcomputer file characteristics. The files will be created in ASCII delimited format, sometimes called Data Interchange Format (DIF). This form of recording data provides for variable length fields (data elements) which, in the case of alphabetic data, are enclosed by quotation marks (‘‘) and separated by a comma (,) or tab. Numeric data elements that are recorded without editing symbols are also separated by a comma (,) or tab. The data are identified by their juxtaposition within a given record. Therefore, each record must contain the exact number of data elements, all of which must be juxtapositionally correct. Personal computer software including most spreadsheets, data base management programs, and BASIC are capable of producing files in this format. (b) Filing date for reports. The reports must be received at BTS within 30 days following the end of each reporting period. (c) Address for filing. Data Administration Division, RTS–42, Office of Airline Information, Bureau of Transportation Statistics, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. (d) ADP format for magnetic tape—(1) Magnetic tape specifications. IBM compatible 9-track EBCDIC recording. Recording density of 6250 or 1600 bpi. The order of recorded information is: (i) Volume label. (ii) Header label. (iii) Data records. (iv) Trailer label. (2) [Reserved] (e) External tape label information. (1) Carrier name. (2) Report date. (3) File identification. (4) Carrier address for return of tape reel. (f) Standards. It is the policy of the Department to be consistent with the American National Standards Institute and the Federal Standards Activity in all data processing and telecommunications matters. It is our intention that all specifications in this application are in compliance with standards promulgated by these organizations. (g) Volume, header, and trailer label formats—(1) Use standard IBM label formats. The file identifier field of the header labels should be ‘‘T–100.SYSTEM’’. (h) Magnetic tape record layouts for T– 100—(1) Nonstop segment record layout. Description 1T ........................ 5T ........................ 6T ........................ 3T ........................ 3T ........................ 1T ........................ 4T ........................ 5N ........................ 10N ...................... 7N ........................ 7N ........................ 10N ...................... Record type code (S = nonstop segment). Carrier entity code. Report date (YYYYMM). Origin airport code. Destination airport code. Service class code (F, G, L, N, P or R). Aircraft type code. Revenue departures performed (F, G, L, N, P, R510). Available capacity payload (lbs) (F, G, L, N, P, R270). Available seats (F, L, N310). Passengers transported (F, L, N130). Rev freight transported (F, G, L, N, P, R237) (in lbs). Frm 00015 Fmt 4701 Sfmt 4700 15933 E:\FR\FM\16APR4.SGM 16APR4 15934 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations Field No. 13 14 15 16 Positions ........................ ........................ ........................ ........................ 63–72 73–77 78–87 88–97 Mode Description 10N ...................... 5N ........................ 10N ...................... 10N ...................... Revenue mail transported (F, G, L, N, P, R239) (in lbs). Revenue aircraft departures scheduled (F, G520). Rev hrs, ramp-to-ramp (F, G, L, N, P, R630) (in minutes). Rev hrs, airborne (F, G, L, N, P, R610) (in minutes). T = Text. N = Numeric. (2) On-flight market record layout. Field No. 1 2 3 4 5 6 7 8 9 Positions .......................... .......................... .......................... .......................... .......................... .......................... .......................... .......................... .......................... 1 2–6 7–12 13–15 16–18 19 20–26 27–36 37–46 Mode Description 1T ........................ 5T ........................ 4T ........................ 3T ........................ 3T ........................ 1T ........................ 7N ........................ 10N ...................... 10N ...................... Record type: M = on-flight market record. Carrier entity code. Report date (YYYYMM). Origin airport code. Destination airport code. Service class code (F, G, L, N, P or R). Total passengers in market (F, L, N110). Rev freight in market (F, G, L, N, P, R217) (in lbs). Revenue mail in market (F, G, L, N, P, R219) (in lbs). T = Text. N = numeric. (i) Record layouts for microcomputer diskettes. The record layouts for diskette are generally identical to those shown for magnetic tape, with the exception that delimiters (quotation marks, tabs and commas) are used to separate fields. It is necessary that the order of fields be maintained in all records. (1) File characteristics. The files will be created in ASCII delimited format, sometimes called Data Interchange Format (DIF). This form of recording data provides for variable length fields (data elements) which, in the case of alphabetic data, are enclosed by quotation marks (’’) and separated by a comma (,) or tab. Numeric data elements that are recorded without editing symbols are also separated by a comma (,) or tab. The data are identified by their juxtaposition within a given record. Therefore, it is critical that each record contain the exact number of data elements, all of which must be juxtapositionally correct. PC software including most spreadsheets, data base management programs, and BASIC produce minidisk files in this format. (2) File naming conventions for diskettes. For microcomputer reports, each record type should be contained in a separate DOS file on the same physical diskette. The following DOS naming conventions should be followed: (i) Record type S = SEGMENT.DAT (ii) Record type M = MARKET.DAT § 291.60 [AMENDED] 124. In § 291.60(b)(2), remove the words ‘‘Title IV of the Federal Aviation Act of 1958, as amended’’ and add in their place the words ‘‘49 U.S.C. Subtitle VII (Transportation)’’. khammond on DSKBBV9HB2PROD with RULES4 ■ PART 294—CANADIAN CHARTER AIR TAXI OPERATORS 125. The authority citation for part 294 continues to read as follows: ■ VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 Authority: 49 U.S.C. Chapters 401, 417. 126. Throughout part 294: a. Remove the words ‘‘Special Authorities Division’’ and add in their place the words ‘‘U.S. Air Carrier Licensing/Special Authorities Division’’. ■ b. Remove the words ‘‘of the Statute’’ and add in their place ‘‘of 49 U.S.C. Subtitle VII’’. ■ c. Remove the words ‘‘of the Federal Aviation Regulations’’ and add in their place ‘‘of this title (the Federal Aviation Regulations)’’. ■ d. Add the words ‘‘in 14 CFR chapter I’’ immediately following the words ‘‘FAA regulations’’. ■ ■ § 294.10 [AMENDED] 127. In § 294.10, add a period at the end of paragraph (d). ■ § 294.30 [AMENDED] 128. In § 294.30(c), remove the words ‘‘exemption under section 41701’’ and add in their place the words ‘‘exemption under 49 U.S.C. 40109’’. PART 296—INDIRECT AIR TRANSPORTATION OF PROPERTY 129. The authority citation for part 296 continues to read as follows ■ Authority: 49 U.S.C. Chapters 401, 417. 130. Throughout part 296, remove the words ‘‘of the Statute’’ and add in their place ‘‘of 49 U.S.C. Subtitle VII’’. ■ [AMENDED] 131. In § 296.3, remove the words ‘‘the Civil Aeronautics Board’’ and add in their place the words ‘‘its predecessor to the extent that those actions, by law, are still in effect’’. ■ PO 00000 Frm 00016 Fmt 4701 132. The authority citation for part 297 continues to read as follows: ■ Authority: 49 U.S.C. Chapters 401, 417. 133. Throughout part 297: a. Remove the words ‘‘Aviation Analysis’’ and add in their place the words ‘‘International Aviation’’. ■ b. Remove the words ‘‘Special Authorities Division’’ and add in their place the words ‘‘U.S. Air Carrier Licensing/Special Authorities Division’’. ■ c. Remove the words ‘‘of the Statute’’ and add in their place ‘‘of 49 U.S.C. Subtitle VII’’. ■ ■ § 297.3 [AMENDED] 134. In § 297.3(b), remove the words ‘‘bona fide asociation’’ and add in their place the words ‘‘bona fide association’’. ■ ■ § 296.3 PART 297—FOREIGN AIR FREIGHT FORWARDERS AND FOREIGN COOPERATIVE SHIPPERS ASSOCIATIONS Sfmt 4700 PART 298—EXEMPTIONS FOR AIR TAXI AND COMMUTER AIR CARRIER OPERATIONS 135. The authority citation for part 298 continues to read as follows: ■ Authority: 49 U.S.C. 329 and chapters 401, 411, and 417. 136. Throughout part 298, remove the words ‘‘of the Statute’’ and add in their place the words ‘‘of 49 U.S.C. Subtitle VII’’. ■ 137. Amend § 298.2 as follows: ■ a. The definition for ‘‘Eligible place’’ is revised. ■ b. In the definitions for ‘‘Maximum payload capacity’’ and ‘‘Nonrevenue passenger’’, add the words ‘‘in 14 CFR ■ E:\FR\FM\16APR4.SGM 16APR4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations chapter I’’ immediately following the words ‘‘FAA regulations’’. ■ c. Remove the definition for ‘‘Statute’’. The revision reads as follows: § 298.2 Definitions. * * * * * Eligible place means a place in the United States that meets the specified criteria outlined in 49 U.S.C. Chapter 417. * * * * * § 298.21 § 298.60 [AMENDED] 138. Amend § 298.21 as follows: a. In paragraph (a), remove the words ‘‘Program Management Branch’’ and add in their place the words ‘‘Technical Programs Branch’’. ■ b. In footnote 6 to paragraph (c)(1), remove the words ‘‘Program Management Branch, Federal Aviation Administration, AFS–260, or on the World Wide Web at https://www.faa.gov/ avr/afs/afs200/afs260/Part298.cfm’’ and add in their place the words ‘‘Technical Programs Branch, Federal Aviation Administration, AFS–260 at (202) 267– 8166, or on the internet at https:// www.faa.gov/about/office_org/ headquarters_offices/avs/offices/afx/ afs/afs200/afs260/exemptions/’’. ■ c. In paragraph (d), in the first sentence, remove the words ‘‘Program Management Branch (AFS–260), 800 Independence Avenue SW, Washington, DC 20591’’ and add in their place the words ‘‘Technical Programs Branch (AFS–260), 800 Independence Avenue SW, Room 831, Washington, DC 20591’’. ■ ■ § 298.23 [AMENDED] 139. Amend § 298.23(b) as follows: a. Remove the words ‘‘Program Management Branch (AFS–260), 800 Independence Avenue SW, Washington, DC 20591’’ and add in their place the words ‘‘Technical Programs Branch (AFS–260), 800 Independence Avenue SW, Room 831, Washington, DC 20591’’. ■ b. Remove the words ‘‘Alaskan Region Headquarters (AAL–230), 222 West 7th Avenue, Box 14, Anchorage, Alaska 99513’’ and add in their place the words ‘‘Alaskan Region Headquarters Technical Standards Branch, (AAL– 231), 222 West 7th Avenue, Box 14, Anchorage, Alaska 99513’’. ■ 140. Amend § 298.50 as follows: ■ a. Revise paragraph (a)(3). ■ b. In paragraph (b), remove the words ‘‘Department of Transportation Dockets,’’ and add in their place the words ‘‘Docket Operations Office, U.S. Department of Transportation,’’. The revision reads as follows: khammond on DSKBBV9HB2PROD with RULES4 ■ ■ § 298.50 Application. (a) * * * VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 (3) A $670 filing fee submitted in accordance with the provisions of § 389.21 of this chapter. * * * * * ■ 141. In § 298.60, revise paragraph (a) to read as follows: General reporting instruction. (a) Each commuter air carrier and each small certificated air carrier shall file with the Department’s Bureau of Transportation Statistics (BTS) the applicable schedules of BTS Form 298– C, ‘‘A Report of Financial and Operating Statistics for Small Aircraft Operators’’, and Schedule T–100, ‘‘U.S. Air Carrier Traffic and Capacity Data by Nonstop Segment and On-Flight Market’’, as required by this section. * * * * * § 298.61 [AMENDED] 142. Amend § 298.61 as follows: a. In paragraph (a), remove the words ‘‘AU.S. Air Carrier Traffic and Capacity Data by Nonstop Segment and On-Flight Market.’’ ’’ and add in their place the words ‘‘U.S. Air Carrier Traffic and Capacity Data by Nonstop Segment and On-Flight Market.’’ ■ b. In paragraph (b), remove the reference ‘‘‘‘298.60’’ and add in its place ‘‘§ 298.60’’. ■ c. In paragraph (e)(2), remove the organizational code ‘‘K–14’’ and add in its place ‘‘RTS–42’’. ■ ■ § 298.70 [AMENDED] 15935 c. In paragraph (c)(1), remove the words ‘‘and Media Management.’’ ■ 148. Amend § 300.4 as follows: ■ a. In paragraph (c), remove the reference ‘‘paragraph (a)’’ and in its place add the reference ‘‘paragraph (b) of this section’’. ■ b. Revise paragraph (d). The revision reads as follows: ■ § 300.4 cases. Separation of functions in hearing * * * * * (d) In enforcement cases, the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings, under the supervision of the career Deputy General Counsel and the General Counsel, will conduct all enforcement proceedings and related investigative functions, while the noncareer Deputy General Counsel will advise the DOT decisionmaker in the course of the decisional process. The Office of the Assistant General Counsel for Aviation Enforcement and Proceedings will report to the career Deputy General Counsel and the General Counsel. To ensure the independence of these functions, this Office and the General Counsel, for the purpose of this section, shall be considered an ‘‘office’’ as that term is used in paragraph (b) of this section, separate from the non-career Deputy General Counsel and the rest of the Office of the General Counsel. 143. In § 298.70(d)(2), remove the words ‘‘Title IV of the Federal Aviation Act of 1958, as amended’’ and add in their place the words ‘‘49 U.S.C. Subtitle VII (Transportation)’’. §§ 300.8, 300.9, 300.10, 300.10a, 300.11, 300.12, 300.13, and 300.14 [REMOVED] PART 300—RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER § 300.15 [REDESIGNATED AS § 300.8 AND AMENDED] ■ 144. The authority citation for part 300 continues to read as follows: ■ Authority: 49 U.S.C. subtitle I and chapters 401, 411, 413, 415, 417, 419, 421, 449, 461, 463, and 465. 149. Remove §§ 300.8, 300.9, 300.10, 300.10a, 300.11, 300.12, 300.13, and 300.14. ■ 150. Redesignate § 300.15 as § 300.8 and amend newly redesignated § 300.8 by removing paragraph (b) and redesignating paragraph (a) as an undesignated paragraph. ■ § 300.16 ■ § 300.0a ■ [REMOVED] §§ 300.17 through 300.20 [REDESIGNATED AS §§ 300.9 through 300.12] 145. Remove § 300.0a. § 300.2 [AMENDED] [AMENDED] 147. Amend § 300.3 as follows: a. In paragraph (b)(1), remove ‘‘(DMS)’’ and add in its place ‘‘(https:// www.regulations.gov)’’ and remove the words ‘‘and Media Management.’’ ■ b. In paragraph (b)(3), remove ‘‘https:// dms.dot.gov’’ and add in its place ‘‘www.regulations.gov’’. ■ ■ PO 00000 Frm 00017 Fmt 4701 152. Redesignate §§ 300.17 through 300.20 as §§ 300.9 through 300.12, respectively. ■ 146. In § 300.2(c)(5), remove the words ‘‘this rule’’ and add in their place the words ‘‘this section’’. ■ § 300.3 [REMOVED] 151. Remove § 300.16. Sfmt 4700 PART 302—RULES OF PRACTICE IN PROCEEDINGS 153. The authority citation for part 302 is revised to read as follows: ■ Authority: 39 U.S.C. 5402; 42 U.S.C. 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, and 471. 154. Throughout part 302, remove the words ‘‘of the Statute’’ and add in their ■ E:\FR\FM\16APR4.SGM 16APR4 15936 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations place the words ‘‘of 49 U.S.C. Subtitle VII’’. § 302.2 [Amended] 155. In § 302.2, remove the definition for ‘‘Statute’’. ■ § 302.3 [AMENDED] 156. Amend § 302.3 as follows: a. In paragraph (a)(1), remove the words ‘‘the DOT Dockets Management System (DMS) internet website’’ and add in their place ‘‘https:// www.regulations.gov’’. ■ b. In paragraph (c), remove the words ‘‘the specified DOT DMS internet website’’ and add in their place ‘‘https:// www.regulations.gov’’. ■ c. In paragraph (d)(1)(ii), remove the words ‘‘the DOT DMS internet website’’ and add in their place ‘‘https:// www.regulations.gov’’. ■ ■ § 302.4 [AMENDED] 157. In § 302.4, remove the words ‘‘the DOT DMS internet website’’ each place they appear and add in their place ‘‘https://www.regulations.gov’’. ■ § 302.7 [AMENDED] 158. In § 302.7, remove ‘‘§ 302.4(a)(2)(iv)’’ each place it appears and add in its place ‘‘§ 302.4(a)(2)(i)(D)’’. ■ 159. In § 302.24, paragraphs (g)(1)(iii) through (vi), (viii), (xii), and (xiv) through (xx) and (g)(2) and (3) are revised to read as follows: ■ § 302.24 Evidence. khammond on DSKBBV9HB2PROD with RULES4 * * * * * (g) * * * (1) * * * (iii) Reports of Traffic and Financial Data of all U.S. Air Carriers issued by the Department or by its predecessor. (iv) Airline Traffic Surveys and Passenger Origin-Destination Surveys, Domestic or International, compiled by the Department or its predecessor and published and/or made available either to the public or to parties in proceedings. (v) Compilations of data relating to competition in the airline industry and made available to the public by the Department or its predecessor. (vi) Passenger, mail, express, and freight data submitted to the Department and its predecessor as part of ER–586 Service Segment Data by U.S. carriers, or similar data submitted to the Department by U.S. air carriers (T–100) or (T–100F) that are not confidential. * * * * * (viii) Service Mail Pay and Subsidy for U.S. Certificated Air Carriers published by the Department or its predecessor, including any VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 supplemental data and subsequent issues published by the Department or its predecessor. * * * * * (xii) Chart Supplements, issued by the FAA. * * * * * (xiv) Monthly, quarterly and annual reports of the Immigration and Naturalization Service, U.S. Department of Justice. (xv) All forms and reports required by the U.S. Postal Service to be filed by air carriers authorized to transport mail. (xvi) All orders of the Postmaster General designating schedules for the transportation of mail. (xvii) Publications of the Bureau of the Census of the U.S. Department of Commerce (DOC) relating, but not necessarily limited, to population, manufacturing, business, statistics, and any yearbooks, abstracts, or similar publications published by DOC. (xviii) All Official Airline Guides, including the North American, Worldwide, All-Cargo and quick reference editions, including electronic versions. (xix) Official Railways Guide and Russell’s Official National Motor Coach Guide. (xx) The Rand McNally Commercial Atlas and Marketing Guide, and the Rand McNally Road Atlas, United States, Canada, and Mexico. * * * * * (2) Any fact contained in a document belonging to a category enumerated in paragraph (g)(1) of this section shall be deemed to have been physically incorporated into and made part of the record in such proceedings. However, such taking of official notice shall be subject to the rights granted to any party or intervener to the proceeding under section 7(d) of the Administrative Procedure Act (5 U.S.C. 557(d)). (3) The decisions of the Department and its administrative law judges may officially notice any appropriate matter without regard to whether or not such items are contained in a document belonging to the categories enumerated in paragraph (g)(1) of this section. However, where the decision rests on official notice of a material fact or facts, it will set forth such items with sufficient particularity to advise interested persons of the matters that have been noticed. * * * * * ■ 160. Throughout subpart D, remove the word ‘‘Deputy’’ wherever it appears. § 302.401 [AMENDED] 161. In § 302.401, remove the words ‘‘Subtitle VII of’’. ■ PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 162. In § 302.603, paragraph (b) is revised to read as follows: ■ § 302.603 Contents of complaint or request for determination. * * * * * (b) All exhibits and briefs prepared on electronic spreadsheet or word processing programs should be accompanied by standard-format electronic media containing those submissions. Parties should submit three copies the electronic media to Department of Transportation Dockets Operations Office: One copy for the docket, one copy for the Office of Hearings, and one copy for the Office of Aviation Analysis. Filers should ensure that files on the electronic media are unalterably locked. * * * * * PART 303— REVIEW OF AIR CARRIER AGREEMENTS 163. The authority citation for part 303 continues to read as follows: ■ Authority: 49 U.S.C. chapters 401, 413, 417. 164. Section 303.01 is revised to read as follows: ■ § 303.01 Purpose. This part sets forth the procedures by which applications may be made to the Department of Transportation under 49 U.S.C. 41308 and 41309 and procedures governing proceedings to enforce these provisions. These procedures supplement the rules described in part 302 of this chapter, which also apply to the review of air carrier agreements. ■ 165. Section 303.02 is revised to read as follows: § 303.02 Definitions. (a) The term Assistant Secretary means the Assistant Secretary for Aviation and International Affairs, or as delegated. As provided in 49 CFR 1.21, the Secretary or Deputy Secretary may exercise any authority in lieu of the Assistant Secretary under the provisions of this part. (b) The term documents means: (1) All written, recorded, transcribed or graphic matter including letters, telegrams, memoranda, reports, studies, forecasts, lists, directives, tabulations, logs, or minutes and records of meetings, conferences, telephone or other conversations or communications; and (2) All information contained in data processing equipment or materials. The term does not include daily or weekly statistical reports in whose place an annual or monthly summary is submitted. E:\FR\FM\16APR4.SGM 16APR4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations (c) The term hearing means either a show-cause proceeding as provided in § 303.44 or a full evidentiary hearing as provided in § 303.45, whichever is determined by the Assistant Secretary to be appropriate. (d)–(g) [Reserved] (h) The term Section 41309 transaction means any contract, agreement or discussion of a cooperative working arrangement within the scope of 49 U.S.C. 41309. (i) [Reserved] ■ 166. Section 303.03 is revised to read as follows: § 303.03 Requirement to file application. A person who seeks approval of a section 41309 transaction must file the application with the Docket Operations Office, M–30, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, or by electronic submission at https:// www.regulations.gov. The application must conform to the requirements set forth in §§ 303.04 and 303.05. ■ 167. Amend § 303.04 as follows: ■ a. In paragraph (a), remove the words ‘‘these regulations’’ and add in their place the words ‘‘this part’’. ■ b. Revise paragraph (i). The revision reads as follows: § 303.04 General rules governing application content, procedure and conditions of approval. * * * * (i) The person submitting the application to the Department shall send a complete copy of the application to the Chief, Transportation Section, Antitrust Division of the Department of Justice, at the same time as it is filed with the Docket Operations Office. * * * * * ■ 168. Section 303.05(a) is revised to read as follows: khammond on DSKBBV9HB2PROD with RULES4 § 303.05 Applications requesting antitrust immunity. (a) Each application must state explicitly whether or not the applicant seeks antitrust immunity under the provisions of 49 U.S.C. 41308. If antitrust immunity is requested, the application should specify whether the applicant seeks full immunity or immunity only from the provisions of sections 4, 4a and 4c of the Clayton Act, 15 U.S.C. 15, 15a, 15c. Each application seeking antitrust immunity shall contain a statement explaining why the applicant believes immunity is in the public interest and necessary in order for the transaction to proceed. * * * * * ■ 169. Section 303.06 is revised to read as follows: 18:38 Apr 15, 2019 Jkt 247001 Review of antitrust immunity. The Assistant Secretary may initiate a proceeding to review any antitrust immunity previously conferred by the Department’s predecessor or the Department in any section 41309 transaction. The Assistant Secretary may terminate or modify such immunity if the Assistant Secretary finds after notice and hearing that the previously conferred immunity is not consistent with the provisions of section 41308. In any proceeding to review such immunity, the proponents of the immunity shall have the burden of justifying the continuation of previously conferred immunity under the provisions of section 41308. ■ 170. Section 303.07 is revised to read as follows: or practice existing under a previously approved application. The application also, consistent with Department of Transportation and the precedent of DOT’s predecessor, shall contain factual material, documentation, and argument in support of the application. Economic analyses, when required, shall include full explanatory details, including data sources and allocation methods. If the applicants intend to rely upon market data sources, other than those available to the public by the Department, the complete market data shall be included with the application at the time of filing. If the applicants intend to rely on public benefits to justify approval, they shall describe these benefits, including foreign policy and comity considerations. § 303.07 § 303.32 Transitional rule. If a section 41309 application or a request for antitrust immunity under section 41308 is pending on May 16, 2019, such application or request shall be deemed made pursuant to the provisions of this part as amended May 16, 2019. ■ 171. The heading of subpart D is revised to read as follows: Subpart D—Section 41309 Applications 172. In § 303.30, the introductory text and paragraph (c) are revised to read as follows: ■ * VerDate Sep<11>2014 § 303.06 15937 § 303.30 General provisions concerning contents of applications. A section 41309 application shall contain the following general information: * * * * * (c) If the contract, agreement or request for authority to discuss a cooperative working arrangement is evidenced by a resolution or other action of an air carrier association, the application shall contain the resolution or other action and a certification by an authorized employee of the association that the resolution or other action was duly adopted on a certain date. The authorized employee shall also specify in such certification the name of each air carrier that concurred in such resolution or other action and the name of each air carrier member that did not concur. ■ 173. Section 303.31 is revised to read as follows: § 303.31 Justification for the application. A section 41309 application shall explain the nature and purpose of the contract, agreement or request to discuss a cooperative working arrangement and describe how it changes any price, rule, PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 [AMENDED] 174. In § 303.32(a), remove ‘‘412 application’’ and add in its place ‘‘41309 application’’. ■ 175. In § 303.42, paragraph (a) is revised to read as follow: ■ § 303.42 Comments on application. (a) Unless a different comment period is specified by notice or order, or in a notice of filing published in the Federal Register, any person may file comments, responses to the application, and/or a request for a hearing, within 21 days of the filing of an application. * * * * * § 303.43 [AMENDED] 176. In § 303.43(b), remove ‘‘412 application’’ each place it appears and add in its place ‘‘41309 application’’. ■ § 303.45 [AMENDED] 177. In § 303.45(c), remove the words ‘‘these regulations’’ and add in their place ‘‘this part’’. ■ PART 305—RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS 178. The authority citation for part 305 continues to read as follows: ■ Authority: 49 U.S.C. chapters 401, 417, 461; 5 U.S.C. 555, 556. 179. Throughout part 305, remove the word ‘‘Deputy’’ wherever it appears. ■ § 305.1 [AMENDED] 180. In § 305.1, remove ‘‘Title IV or sections 101(3), 1002, 1003, or 1108(b) of the Act’’ and add in its place ‘‘49 U.S.C. Subtitle VII, Chapter 411 or 49 U.S.C. 40102(2), 41502, 41507, 41508, 41509, 41702, 41703, or 46101’’. ■ 181. Section 305.7(b) is revised to read as follows: ■ E:\FR\FM\16APR4.SGM 16APR4 15938 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations § 305.7 Issuance of investigation subpenas. * * * * * (b) Witnesses subpoenaed to appear shall be paid the fees and mileage prescribed in § 302.27(c) of the Rules of Practice (14 CFR 302.27(c)). Service of such subpoenas shall be made in accordance with the provisions of § 302.7 of the Rules of Practice (14 CFR 302.7). § 305.10 PART 325—ESSENTIAL AIR SERVICE PROCEDURES [AMENDED] 182. In § 305.10, add the words ‘‘of this chapter’’ immediately following ‘‘302.12’’ ■ § 305.11 PART 313—IMPLEMENTATION OF THE ENERGY POLICY AND CONSERVATION ACT 184. The authority citation for part 313 continues to read as follows: ■ Authority: 42 U.S.C. 6362(b), 49 U.S.C. Chapter 401. 185. Throughout part 313, remove the words ‘‘of the Statute’’ and add in their place the words ‘‘of 49 U.S.C. Subtitle VII’’. ■ ■ [AMENDED] 186. Remove § 313.3(e). PART 323—TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE 187. The authority citation for part 323 continues to read as follows: ■ Authority: 49 U.S.C. Chapters 401, 411, 417. § 325.1 [AMENDED] ■ Applicability. This part applies to essential air service determinations for communities designated as eligible under 49 U.S.C. 41731 and to eligible place designations and essential air service determinations for communities that qualify under 49 U.S.C. 41732 and 41733. It applies to the gathering of data by the Department, and to the participation of State, local, and other officials and other interested persons in the designation and determination processes. Note to § 325.2: Criteria for designating eligible points under section 419(b) are contained in part 270 of this chapter. Guidelines for deciding essential air service levels are contained in part 398 of this chapter. ■ 194. Section 352.3 is revised to read as follows: Definitions. PART 330 [REMOVED AND RESERVED] 198. Part 330 is removed and reserved. ■ PART 372—OVERSEAS MILITARY PERSONNEL CHARTERS 199. The authority citation for part 372 continues to read as follows: ■ Authority: 49 U.S.C. Chapters 401, 411, 413, 417. As used in this part, eligible place means a place in the United States that meets the specified criteria outlined in 49 U.S.C. Chapter 417. ■ § 323.2 § 325.4 § 372.2 [AMENDED] 189. In § 323.2, the definitions for ‘‘Certificated carrier’’ and ‘‘Eligible place’’ are revised and the definitions for ‘‘FAA’’ and ‘‘Statute’’ are removed to read as follows: § 323.2 Definitions. * * * * * Certificated carrier means a direct air carrier holding authority to provide air transportation granted by the Department in the form of a certificate VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 [AMENDED] 195. Amend § 325.4 as follows: a. In paragraph (a) introductory text, remove the words ‘‘section 419(b) of the Act’’ and add in their place the words ‘‘49 U.S.C. 41731’’. ■ b. In paragraph (a)(1), remove the words ‘‘section 401 certificate’’ each place it appears and add in their place the words ‘‘section 41102 certificate’’. ■ c. In paragraph (b): ■ i. Remove the words ‘‘Documentary Services Division’’ and add in their ■ ■ PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 [AMENDED] 197. In § 325.6(c), remove the words ‘‘under section 419(b) of a community as an eligible place to determine whether that place continues’’ and add in their place the words ‘‘under 49 U.S.C. 41733 to determine whether the community designated as an eligible place continues’’. ■ 188. Throughout part 323, remove the words ‘‘of the Statute’’ and add in their place the words ‘‘of 49 U.S.C. Subtitle VII’’. ■ khammond on DSKBBV9HB2PROD with RULES4 § 325.6 191. Throughout part 325, remove the words ‘‘point’’ and ‘‘points’’ and add in their place ‘‘place’’ and ‘‘places’’, respectively. ■ § 325.3 ■ Determinations and designations. § 325.2 Authority: 49 U.S.C. Chapters 401, 417. 183. Amend § 305.11 as follows: a. Remove the words ‘‘, and any documentary evidence obtained in the investigation will be returned to the persons who produced it’’. ■ b. Remove the words ‘‘of the Rules of Practice’’ and add in their place the words ‘‘of this chapter (the Rules of Practice)’’. § 325.5 192. In § 325.1, remove the words ‘‘under section 419 of the Act’’ and add in their place ‘‘under 49 U.S.C. 41732’’. ■ 193. Section 325.2 is revised to read as follows: 190. The authority citation for part 325 continues to read as follows: [AMENDED] place the words ‘‘Docket Operations Office’’. ■ ii. Remove the words ‘‘section 419(f) of the Act’’ and add in their place ‘‘49 U.S.C. 41737’’. ■ d. In paragraph (c), remove the words ‘‘Documentary Services Division’’ and add in their place the words ‘‘Docket Operations Office’’. ■ 196. Section 325.5 is revised to read as follows: DOT will issue a determination of the essential level of air service for a place within 6 months after each of the following events: (a) A notice is received that service to an eligible place will be reduced to only one carrier that holds a section 41102 certificate; (b) A place is designated as an eligible place under 49 U.S.C. 41731 and either paragraph (c) or (d) of this section or § 325.7(e); or (c) A review was conducted of essential air service of that place under § 325.6. ■ ■ ■ § 313.3 of public convenience and necessity under 49 U.S.C. 41102 (Transportation) or an all-cargo air transportation certificate to perform all-cargo air transportation under 49 U.S.C. 41103. Eligible place means a place in the United States that meets the specified criteria outlined in 49 U.S.C. Chapter 417. * * * * * 200. Throughout part 372, remove the words ‘‘of the Statute’’ and add in their place the words ‘‘of 49 U.S.C. Subtitle VII’’. [AMENDED] 201. In § 372.2, remove the definition of ‘‘Statute’’. ■ § 372.3 [AMENDED] 202. In § 372.3, remove ‘‘this regulation’’ and add in its place ‘‘this part’’. ■ § 372.30 [AMENDED] 203. Amend § 372.30 as follows: a. In paragraph (a) introductory text, remove the words ‘‘Office of Aviation ■ ■ E:\FR\FM\16APR4.SGM 16APR4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations Analysis’’ and add in their place the words ‘‘Office of International Aviation’’. ■ b. In paragraph (a)(9), remove the word ‘‘applicant’’ and add in its place the word ‘‘applicants’’. ■ 204. Revise appendix A to part 372 to read as follows: khammond on DSKBBV9HB2PROD with RULES4 Appendix A to Part 372—Overseas Military Personnel Charter Operator’s Surety Bond Under Part 372 of the Regulations of the Department of Transportation (14 CFR Part 372) Know all persons by these presents, that we lll (name of charter operator) of lll (address) as Principal (hereinafter called ‘‘Principal’’), and lll (name of surety) a corporation created and existing under the laws of the State of lll (State) as Surety (hereinafter called ‘‘Surety’’) are held and firmly bound unto the United States of America in the sum of lll (see § 372.24(a), 14 CFR part 372) for which payment, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. Whereas Principal is an overseas military personnel charter operator pursuant to the provisions of part 372 of the Department’s regulations and other rules and regulations of the Department relating to security for the protection of charter participants, and has elected to file with the Department of Transportation such a bond as will insure financial responsibility with respect to all monies received from charter participants for services in connection with overseas military personnel charters to be operated subject to part 372 of the Department’s Special Regulations in accordance with contracts, agreements, or arrangements therefor, and Whereas this bond is written to assure compliance by Principal as an authorized charter operator with part 372 of the Department’s regulations, and other rules and regulations of the Department relating to security for the protection of charter participants, and shall inure to the benefit of any and all charter participants to whom Principal may be held legally liable for any damages herein described. Now, therefore, the condition of this obligation is such that if Principal shall pay or cause to be paid to charter participants any sum or sums for which Principal may be held legally liable by reason of Principal’s failure faithfully to perform, fulfill and carry out all contracts, agreements, and arrangements made by Principal while this bond is in effect with respect to the receipt of moneys from charter participants, and proper disbursement thereof pursuant to and in accordance with the provisions of part 372 of the Department’s regulations, then this obligation shall be void, otherwise to remain in full force and effect. The liability of Surety with respect to any charter participant shall not exceed the charter price paid by or on behalf of such participant. The liability of Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 payment or payments shall amount in the aggregate to the penalty (face amount) of the bond, but in no event shall Surety’s obligation hereunder exceed the amount of said penalty. Surety agrees to furnish written notice to the Office of International Aviation, Department of Transportation, forthwith of all suits or claims made and judgments rendered, and payments made by Surety under this bond. This bond shall cover the following Charters: 1 Surety company’s bond No. llllllll Date of flight departure llllllllll Place of flight departure lllllllll This bond is effective on the lll of lll, 20lll, 12:01 a.m., standard time at the address of Principal as stated herein and as hereinafter provided. Principal or Surety may at any time terminate this bond by written notice to: U.S. Air Carrier Licensing/ Special Authorities Division, Office of International Aviation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, such termination to become effective thirty (30) days after the actual receipt of said notice by the Department. Surety shall not be liable hereunder for the payment of any damages hereinbefore described which arise as a result of any contracts, agreements, undertakings, or arrangements for the supplying of transportation and other services made by Principal after the termination of this bond as herein provided, but such termination shall not affect the liability of the bond hereunder for the payment of any damages arising as a result of contracts, agreements, or arrangements for the supplying of transportation and other services made by Principal prior to the date that such termination becomes effective. Liability of Surety under this bond shall in all events be limited only to a charter participant or charter participants who shall within sixty (60) days after the termination of the particular charter described herein give written notice of claim to the charter operator or, if it is unavailable, to Surety, and all liability on this bond shall automatically terminate sixty (60) days after the termination date of each particular charter covered by this bond except for claims made in the time provided herein. In witness whereof, the said Principal and Surety have executed this instrument on the lll day of lll, lll. 15939 PART 374—IMPLEMENTATION OF THE CONSUMER CREDIT PROTECTION ACT WITH RESPECT TO AIR CARRIERS AND FOREIGN AIR CARRIERS 205. The authority citation for part 374 is revised to read as follows: ■ Authority: 15 U.S.C. 1601–1693r; 49 U.S.C., Subtitle VII; and 12 CFR parts 1002 and 1026. § 374.3 [AMENDED] 206. Amend § 374.3(b) as follows: a. Remove ‘‘12 CFR part 202’’ and add in its place ‘‘12 CFR part 1002’’. ■ b. Remove ‘‘12 CFR part 226’’ and add in its place ‘‘12 CFR part 1026’’. ■ ■ PART 374a—EXTENSION OF CREDIT BY AIRLINES TO FEDERAL POLITICAL CANDIDATES 207. The authority citation for part 374a continues to read as follows: ■ Authority: 49 U.S.C. chapters 401, 411, 415, 417. 208. Section 374a.1 is revised to read as follows: ■ § 374a.1 Purpose. The purpose of this part is to issue rules pursuant to the Federal Election Campaign Act of 1971, as amended, in accordance with the Department’s responsibility thereunder. § 374a.2 [AMENDED] 209. In § 374a.2, remove ‘‘This regulation’’ and add in its place ‘‘this part’’. ■ § 374a.3 [AMENDED] 210. In § 374a.3, in the definition of ‘‘Air carrier’’, remove the words ‘‘section 401 of the Federal Aviation Act of 1958, as amended’’ and add in their place the words ‘‘49 U.S.C. 41102’’. ■ 211. Section 374a.5 is revised to read as follows: ■ § 374a.5 Exemption authority. Air carriers are exempt from the following provisions of 49 U.S.C. Subtitle VII: (a) Section 41510. PRINCIPAL (b) Section 41310, and any and all Name llllllllllllllllll other provisions of 49 U.S.C. Subtitle By: Signature and title llllllllll VII, to the extent necessary to enable air Witness lllllllllllllllll carriers to comply with the provisions SURETY of this part. Name llllllllllllllllll By: Signature and title llllllllll Witness lllllllllllllllll Only corporations may qualify to act as surety and they must meet the requirements set forth in § 372.24(c) of part 372. 1 These data may be supplied in an addendum attached to the bond. PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 PART 375—NAVIGATION OF FOREIGN CIVIL AIRCRAFT WITHIN THE UNITED STATES 212. The authority citation for part 375 continues to read as follows: ■ Authority: 49 U.S.C. 40102, 40103, and 41703. E:\FR\FM\16APR4.SGM 16APR4 15940 § 375.1 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations [AMENDED] § 375.19 [AMENDED] 214. In § 375.19, remove the words ‘‘section 1108(b) of the Act’’ each place it appears and add in their place ‘‘49 U.S.C. 41703’’. ■ § 375.22 [AMENDED] 215. In § 375.22, add ‘‘in 14 CFR chapter I’’ immediately following ‘‘Federal Aviation Administration’’. ■ § 375.33 [AMENDED] 216. In § 375.33, remove the word ‘‘safey’’ and add in its place the word ‘‘safety’’. ■ § 375.35 [AMENDED] 217. In § 375.35(a)(2), remove the words ‘‘section 402 permit’’ and add in their place the words ‘‘section 41301 permit’’. ■ 218. Amend § 375.43 as follows: ■ a. Revise paragraph (a). ■ b. In paragraph (e)(1), remove the words ‘‘Aviation Operations’’ and add in their place the words ‘‘International Aviation’’. The revision reads as follows: ■ khammond on DSKBBV9HB2PROD with RULES4 § 375.43 permit. Application for foreign aircraft (a) Applications for foreign aircraft permits shall be submitted on OST Form 4509 (see appendix A to this part), in duplicate, addressed to the Chief, Foreign Air Carrier Licensing Division, X–45, Office of International Aviation. Applications should be submitted by email; see ‘‘Application Procedures under Part 375’’ at www.transportation.gov/policy/ aviation-policy/licensing/foreigncarriers. * * * * * § 375.50 ■ [AMENDED] 219. Amend § 375.50 as follows: VerDate Sep<11>2014 18:38 Apr 15, 2019 a. In paragraph (b), remove the words ‘‘Chief, Discrete Operations Branch, Licensing Division, P–45, Office of Aviation Operations’’ and add in their place the words ‘‘Chief, Foreign Air Carrier Licensing Division, X–45, Office of International Aviation’’. ■ b. In paragraph (e), remove the words ‘‘section 1108(b) of the Act’’ and add in their place ‘‘49 U.S.C. 41703’’. ■ c. In paragraph (h): ■ i. Remove the words ‘‘Federal Aviation Act’’ and add in their place ‘‘49 U.S.C. Subtitle VII’’. ■ ii. Remove the words ‘‘section 402 or 416(b) of the Act’’ and add in their place ‘‘49 U.S.C. 41301 or 41709’’. ■ 220. Section 375.60 is revised to read as follows: ■ 213. Amend § 375.1 as follows: a. Remove the definition for ‘‘Act’’. b. In the definition for ‘‘Air transportation’’, remove the words ‘‘(see section 101 (10) and (23) of the Federal Aviation Act, 49 U.S.C. 1301)’’ and add in their place ‘‘(see 49 U.S.C. 40102 (a)(5) and (a)(24))’’. ■ c. In the definition for ‘‘Exemption’’, remove the words ‘‘under section 416(b) of the Act’’ and add in their place ‘‘under 49 U.S.C. 40109’’. ■ d. In the definition for ‘‘Foreign air carrier permit’’, remove the words ‘‘section 402 of the Act’’ and add in their place ‘‘49 U.S.C. 41301’’. ■ e. In the definition for ‘‘Foreign aircraft permit’’, remove the words ‘‘section 1108(b) of the Act’’ and add in their place the words ‘‘49 U.S.C. 41703’’. ■ ■ ■ Jkt 247001 § 375.60 Penalties. The operation of a foreign aircraft within the United States or over adjacent territorial waters in violation of the provisions of this part constitutes a violation of 49 U.S.C. Subtitle VII and of this chapter, and may, in addition, constitute a violation of the rules of the Federal Aviation Administration. Such operation makes the person or persons responsible for the violation or violations subject to a civil penalty as provided in 49 U.S.C. 46301, and to the alteration, amendment, modification, suspension or revocation of any permit issued under this part and of any U.S. certificate involved as provided in 49 U.S.C. 44709. Engaging in air transportation as defined in 49 U.S.C. Subtitle VII by a foreign aircraft without a foreign air carrier permit issued pursuant to 49 U.S.C. 41301 or an exemption, or in violation of the terms of such authority constitutes not only a violation of this part but of Title 49, subtitle VII, as well, which entails a criminal penalty as set forth in 49 U.S.C. 46316. PART 377—CONTINUANCE OF EXPIRED AUTHORIZATIONS BY OPERATION OF LAW PENDING FINAL DETERMINATION OF APPLICATIONS FOR RENEWAL THEREOF §§ 377.2, 377.3, 377.4, 377.5, 377.10 and 377.11 [AMENDED] 223. In §§ 377.2, 377.3, 377.4, 377.5, 377.10, and 377.11, remove the word ‘‘Board’’ each place it appears and add in its place the word ‘‘Department’’. ■ §§ 377.3, 377.4, and 377.10 [AMENDED] 224. In §§ 377.3, 377.4, and 377.10, remove the words ‘‘section 401 of the Act’’ and add in their place ‘‘49 U.S.C. 41102’’. ■ § 377.10 [AMENDED] 225. Amend § 377.10 as follows: a. In paragraphs (b) and (c) introductory text, remove the word ‘‘Board’s’’ and add in its place the word ‘‘Department’s’’. ■ b. In paragraph (c)(3), remove the words ‘‘section 402 of the Act and exemptions issued under section 416’’ and add in their place the words ‘‘49 U.S.C. 41301 and exemptions issued under 49 U.S.C. 41708’’. ■ ■ PART 380—PUBLIC CHARTERS 226. The authority citation for part 380 continues to read as follows: ■ Authority: 49 U.S.C. 40101, 40102, 40109, 40113, 41101, 41103, 41301, 41504, 41702, 41708, 41712, 46101. 227. Throughout part 380: a. Remove the words ‘‘Office of Aviation Analysis’’ and add in their place the words ‘‘Office of International Aviation’’. ■ b. Remove the words ‘‘Special Authorities Division’’ and add in their place the words ‘‘U.S. Air Carrier Licensing/Special Authorities Division’’. ■ c. Remove the words ‘‘of the Statute’’ and add in their place the words ‘‘of 49 U.S.C. Subtitle VII’’. ■ ■ § 380.1 [AMENDED] 228. In § 380.1, remove the words ‘‘, formerly Title IV of the Federal Aviation Act of 1958, as amended’’. ■ § 380.2 [AMENDED] 229. In § 380.2, remove the word ‘‘opertor’’ and add in its place the word ‘‘operator’’ and remove the definition for ‘‘Statute.’’ ■ 221. The authority citation for part 377 continues to read as follows: ■ Authority: 49 U.S.C. Chapters 401, 461; 5 U.S.C. 558, 559. § 377.1 [AMENDED] Frm 00022 Fmt 4701 [AMENDED] 230. In § 380.3(b), remove the word ‘‘and’’ and add in its place the word ‘‘through’’. ■ 222. In § 377.1, in the definition for ‘‘Authorization’’, remove the words ‘‘sections 101(3), 401, 402, 408, 409, 412 and 416 of the Federal Aviation Act of 1958, as amended’’ and add in their place ‘‘49 U.S.C. 40102, 41102, 41302, 41309, and 41708’’. ■ PO 00000 § 380.3 Sfmt 4700 § 380.14 [AMENDED] 231. In § 380.14, remove the word ‘‘Noting’’ and add in its place the word ‘‘Nothing’’. ■ E:\FR\FM\16APR4.SGM 16APR4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations § 380.15 [AMENDED] 232. In § 380.15, remove the word ‘‘Subsititues’’ and add in its place the word ‘‘Substitutes’’. ■ § 380.32 [AMENDED] 233. Amend § 380.32 as follows: a. In paragraph (j), remove the words ‘‘That is a charter’’ and add in their place the words ‘‘That if a charter’’. ■ b. In paragraph (q), remove the words ‘‘That is the operator’’ and add in their place the words ‘‘That if the operator’’. ■ c. In paragraph (t), remove the words ‘‘That the participants’’ and add in their place the words ‘‘That the participant’s’’. ■ d. In paragraph (v), remove the words ‘‘date or arrival’’ and add in their place the words ‘‘date of arrival’’. ■ ■ § 380.34 [AMENDED] 234. In § 380.34(b)(2)(i), remove the words ‘‘credit cared’’ and add in their place the words ‘‘credit card’’. ■ 235. Revise appendices A and B to part 380 to read as follows: ■ khammond on DSKBBV9HB2PROD with RULES4 Appendix A to Part 380—Public Charter Operator’s Surety Bond Under Part 380 of the Regulations of the Department of Transportation (14 CFR PART 380) Know all persons by these presents, that we lll (name of charter operator) lll oflll (city) lll (state) as Principal (hereinafter called Principal), and lll (name of surety) a corporation created and existing under the laws of the State of lll (State) as Surety (hereinafter called Surety) are held and firmly bound unto the United States of America in the sum of $_________ _____(see 14 CFR 380.34) for which payment, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas Principal intends to become a Public Charter operator pursuant to the provisions of 14 CFR part 380 and other rules and regulations of the Department relating to insurance or other security for the protection of charter participants, and has elected to file with the Department of Transportation such a bond as will insure financial responsibility with respect to all moneys received from charter participants for services in connection with a Public Charter to be operated subject to part 380 of the Department’s regulations in accordance with contracts, agreements, or arrangements therefore, and Whereas this bond is written to assure compliance by Principal as an authorized charter operator with 14 CFR part 380 and other rules and regulations of the Department relating to insurance and other security for the protection of charter participants, and shall inure to the benefit of any and all charter participants to whom Principal may be held legally liable for any damages herein described. Now, therefore, the condition of this obligation is such that if Principal shall pay VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 or cause to be paid to charter participants any sum or sums for which Principal may be held legally liable by reason of Principal’s failure faithfully to perform, fulfill and carry out all contracts, agreements, and arrangements made by Principal while this bond is in effect with respect to the receipt of moneys from charter participants, and proper disbursement thereof pursuant to and in accordance with the provisions of 14 CFR part 380, then this obligation shall be void, otherwise to remain in full force and effect. The liability of Surety with respect to any charter participant shall not exceed the charter price paid by or on behalf of such participant. The liability of Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penalty of the bond, but in no event shall Surety’s obligation hereunder exceed the amount of said penalty. Surety agrees to furnish written notice to the U.S. Air Carrier Licensing/Special Authorities Division, X–44, Office of International Aviation, Department of Transportation, forthwith of all suits or claims filed and judgments rendered, and payments made by Surety under this bond. The bond shall cover the following charters 1 Surety company’s bond No. llllllll Date of flight departure llllllllll Place of flight departure lllllllll This bond is effective on the ll day of lllllllll, 20l, 12:01 a.m., standard time at the address of Principal as stated herein and as hereinafter provided. Principal or Surety may at any time terminate this bond by written notice to: ‘‘U.S. Air Carrier Licensing/Special Authorities Division (X–44), Office of International Aviation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W–86–445, Washington, DC 20590,’’ such termination to become effective thirty (30) days after the actual receipt of said notice by the Department. Surety shall not be liable hereunder for the payment of any damages hereinbefore described which arise as a result of any contracts, agreements, undertakings, or arrangements for the supplying of transportation and other services made by Principal after the termination of this bond as herein provided, but such termination shall not affect the liability of the bond hereunder for the payment of any damages arising as a result of contracts, agreements, or arrangements for the supplying of transportation and other services made by Principal prior to the date that such termination becomes effective. Liability of Surety under this bond shall in all events be limited only to a charter participant or charter participants who shall within sixty (60) days after the termination of the particular charter described herein give written notice of claim to the charter operator or, if it is unavailable, to Surety, and all liability on this bond shall automatically terminate sixty (60) days after the 1 These data may be supplied in an addendum attached to the bond. PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 15941 termination date of each particular charter covered by this bond except for claims made in the time provided herein. In witness whereof, the said Principal and Surety have executed this instrument on the ll day of lllllllll, 20l. PRINCIPAL Name llllllllllllllllll By: Signature and title llllllllll Witness lllllllllllllllll Bonding or surety company must be listed in Best’s Insurance Reports (Fire and Casualty) with a general policyholders’ rating of ‘‘A’’ or better or in the Department of the Treasury listing of companies holding certificates of authority as acceptable sureties on Federal bonds. In addition, the bonding or surety company shall be one legally authorized to issue bonds of that type in the State(s) in which the charter flight(s) originate. Agents must provide satisfactory proof that they have the requisite authority to issue this bond. Appendix B to Part 380—Public Charter Operators’s Surety Trust Agreement This Trust Agreement is entered into between lllllllllll (charter operator) incorporated under the laws of l lllllllllll with its principal place of business being llllllllll llllllllllll (hereinafter called ‘‘Operator’’), and llllllllllll llllllll(Bank) with its principal place of business beingllllllllll llllllllll (hereinafter called ‘‘Trustee’’), for the purpose of creating a trust to become effective as of the llllll day of llllll, 20l, which trust shall continue until terminated as hereinafter provided. Operator intends to become a Public Charter operator pursuant to the provisions of part 380 of the Department’s regulations and other rules and regulations of the Department relating to insurance or other security for the protection of charter participants, and has elected to file with the Department of Transportation such a Surety Trust Agreement as will insure financial responsibility with respect to all monies received from charter participants for services in connection with a Public Charter to be operated subject to part 380 of the Department’s regulations in accordance with contracts, agreements, or arrangements therefore. This Surety Trust Agreement is written to assure compliance by Operator with the provisions of part 380 of the Department’s regulations and other rules and regulations of the Department relating to insurance or other security for the protection of charter participants. It shall inure to the benefit of any and all charter participants to whom Operator may be held legally liable for any of the damages herein described. It is mutually agreed by and between Operator and Trustee that Trustee shall manage the corpus of the trust and carry out the purposes of the trust as hereinafter set forth during the term of the trust for the benefit of charter participants (who are hereinafter referred to as ‘‘Beneficiaries.’’) E:\FR\FM\16APR4.SGM 16APR4 khammond on DSKBBV9HB2PROD with RULES4 15942 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations Beneficiaries of the trust created by this Agreement shall be limited to those charter participants who meet the following requirements: 1. Those for whom Operator or Operator’s agent has received payment toward participation in one or more charters operated by or proposed to be operated by Operator. 2. Who have legal claim or claims for money damages against Operator by reason of Operator’s failure faithfully to perform, fulfill, and carry out all contracts, agreements, and arrangements made by Operator while this trust is in effect with respect to the receipt of monies and proper disbursement thereof pursuant to part 380 of the Department’s regulations; and 3. Who have given notice of such claim or claims in accordance with this Trust Agreement, but who have not been paid by Operator. The operator shall convey to Trustee legal title to the trust corpus, which has a value of $lllll by the time of the execution of this Agreement. Trustee shall assume the responsibilities of Trustee over the said trust corpus and shall distribute from the trust corpus to any and all Beneficiaries to whom Operator, in its capacity as a Public Charter operator, may be held legally liable by reason of Operator’s failure faithfully to perform, fulfill, and carry out all contracts, agreements, and arrangements made by Operator, while this trust is in effect with respect to the receipt of monies and proper disbursement thereof pursuant to part 380 of the Department’s regulations in connection with said charters, such damages as will discharge such liability while this trust is in effect; Provided, however, that the liability of the trust to any Beneficiary shall not exceed the charter price (as defined in part 380 of the Department’s regulations) paid by or on behalf of any such Beneficiary; Provided, further, that there shall be no obligation of the trust to any Beneficiary if Operator shall pay or cause to be paid to any Beneficiary any sum or sums for which Operator may be held legally liable by reasons of its failure faithfully to perform, fulfill, and carry out all contracts, agreements, and arrangements made by Operator in its capacity as Public Charter Operator while this trust is in effect with respect to the receipt of monies and proper disbursement thereof pursuant to part 380 of the Department’s regulations; and provided still further, that the liability of the trust as administered by Trustee shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments, shall amount in the aggregate to $lllll. Notwithstanding anything herein to the contrary, in no event shall the obligation of the trust or Trustee hereunder exceed the aggregate amount of $lllll. Trustee agrees to furnish written notice to the U.S. Air Carrier Licensing/Special Authorities Division, X–44, Office of International Aviation, Department of Transportation, forthwith of all suits or claims filed and judgments rendered (of which it has knowledge), and of payments made by Trustee under the terms of this trust. VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 The trust shall not be liable hereunder for the payment of any damages hereinbefore described which arise as a result of any contracts, agreements, undertakings, or arrangements for the supplying of transportation and other services made by Operator after the termination of this trust as herein provided, but such termination shall not affect the liability of the trust hereunder for the payment of any damages arising as a result of contracts, agreements, or arrangements for the supplying of transportation and other services made by Operator prior to the date that such termination becomes effective. Liability of the trust shall in all events be limited only to a Beneficiary or Beneficiaries who shall within sixty days after the termination of the particular charter give written notice of claim to Operator or, if it is unavailable, to Trustee, and all liability of the trust with respect to participants in a charter shall automatically terminate sixty days after the termination date of each particular charter covered by this trust except for claims made in the time provided herein. Sixty-one days after the completion of the last charter covered by this Trust Agreement, the trust shall automatically terminate except for claims of any Beneficiary or Beneficiaries previously made in accordance with this Agreement still pending on and after said sixty-first day. To the extent of such claims, the trust shall continue until those claims are discharged, dismissed, dropped, or otherwise terminated. After all remaining claims which are covered by this Trust Agreement pending on and after the said sixty-first day have been discharged, dismissed, dropped, or otherwise terminated; Trustee shall convey forthwith the remainder of the trust corpus, if any, to Operator. Either Operator or Trustee may at any time terminate this trust by written notice to: ‘‘U.S. Air Carrier Licensing/Special Authorities Division, X–44, Office of International Aviation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W–86–445, Washington, DC 20590,’’ such termination to become effective thirty days after the actual receipt of said notice by the Department. In the event of any controversy or claim arising hereunder, Trustee shall not be required to determine same or take any other action with respect thereto, but may await the settlement of such controversy or claim by final appropriate legal proceedings, and in such event shall not be liable for interest or damages of any kind. Any Successor to Trustee by merger, consolidation, or otherwise, shall succeed to this trusteeship and shall have the powers and obligations set forth in this Agreement. The trust created under this Agreement shall be operated and administered under the laws of the State of lllllllll. In Witness Whereof, Operator and Trustee have executed this instrument on the date(s) shown below. Title llllllllllllllllll Trustee lllllllllllllllll (signature) Date llllllllllllllllll Name llllllllllllllllll (typed or printed) Title llllllllllllllllll PART 385—STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS 236. The authority citation for part 385 is revised to read as follows: ■ Authority: 49 U.S.C. 329, 40101, 41101, 41301, and 41701. 237. Throughout part 385, remove the words ‘‘of the Statute’’ and add in their place the words ‘‘of 49 U.S.C. Subtitle VII’’. ■ § 385.1 [AMENDED] 238. Amend § 385.1 as follows: a. Remove the definition for ‘‘Department’’. ■ b. In the definition of ‘‘Precedent’’, remove the words ‘‘by the Board’’ and add in their place the words ‘‘by its predecessor’’. ■ c. In the definition of ‘‘Reviewing Official’’, remove the word ‘‘Deputy’’. ■ d. Remove the definition for ‘‘Statute’’. ■ ■ § 385.2 [AMENDED] 239. In § 385.2, remove the words ‘‘and the Director, Bureau of Transportation Statistics (BTS)’’. ■ § 385.7 [AMENDED] 240. In § 385.7, remove the word ‘‘Deputy’’. ■ 241. Amend § 385.12 as follows: ■ a. Paragraphs (f), (h), and (i) are removed. ■ b. Paragraphs (g), (j), and (k) are redesignated as paragraphs (f), (g), and (h), respectively. ■ c. Newly redesignated paragraphs (f), (g), and (h) are revised. ■ d. New paragraph (i) is added. The revisions read as follows: ■ § 385.12 Authority of the Director, Office of Aviation Analysis. * * * * (f) To approve certificates of insurance filed with the Department on behalf of U.S. and foreign air carriers in accordance with the provisions of part 205 of this chapter. (g) With respect to mail rates: (1) To issue show-cause orders proposing to make modifications of a Operator llllllllllll llll technical nature in the mail rate formula (signature) applicable to temporary or final service Date llllllllllllllllll mail rate orders. (2) To issue final orders establishing Name llllllllllllllllll (typed or printed) temporary and final service mail rates: PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 * E:\FR\FM\16APR4.SGM 16APR4 khammond on DSKBBV9HB2PROD with RULES4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations (i) In those cases where no objection has been filed following release of the show-cause order, and where the rates established are the same as those proposed in the show-cause order; and (ii) In those cases where it is necessary to make modifications of a technical nature in the rates proposed in the show-cause order. (3) To issue final orders amending mail rate orders of air carriers to reflect changes in the names of the carriers subject to the orders. (4) To issue a letter, in the case of air mail contracts filed with the Department under part 302 of this chapter against which no complaints have been filed, stating that the contract will not be disapproved by the Department and may become effective immediately. (5) To issue final orders making quarterly fuel rate adjustments to Alaska bush and mainline mail rates set by the Department under 49 U.S.C. 41901, 41902, and 41903. (h) With respect to essential air service (EAS) proceedings: (1) To establish procedural dates. (2) To issue orders setting interim rates of compensation for carriers required to provide essential air service. (3) To issue orders approving a carrier’s alternate service pattern if: (i) The resulting level of service at the eligible place would be equal to or greater than the level of service earlier determined to be essential for that place; (ii) The community concerned does not object to the carrier’s implementation of the alternate service pattern; and (iii) The carrier is not receiving a subsidy for the service or implementation of the alternate service pattern would not increase the carrier’s subsidy. (4) To issue orders adjusting the operational and/or financial unit rates of the payout formula for a carrier receiving subsidy under section 41732 of 49 U.S.C. Subtitle VII where the adjustment will not increase the total amount of compensation that the carrier will receive. (5) To renew, up to five times in succession, an order under section 41734 of 49 U.S.C. Subtitle VII to an air carrier to continue providing essential air service while the Department attempts to find a replacement carrier. (6) To request service and subsidy proposals from carriers interested in providing essential air service to an eligible place. (7) To issue final orders establishing interim or final subsidy rates under section 41732 or final adjustments of compensation for continued service under section 41732 in those cases VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 where no objection has been filed to a show-cause order, and where the rates established are the same as or less than those proposed in the approved showcause order. (8) With respect to provisions for terminations, suspensions, or reductions of service under part 323 of this chapter: (i) To require any person who files a notice, objection, or answer to supply additional information. (ii) To require service of a notice, objection, or answer upon any person. (iii) To accept late-filed objections or answers, upon motion, for good cause shown. (iv) To extend the time for filing objections for answers, when the initial notice has been filed earlier than required under § 323.5 of this chapter. (9) To issue final air carrier selection orders establishing final subsidy rates for EAS provided under 49 U.S.C. 41733: (i) Where the compensation to be paid is the same as or less than the existing rate, and where the community does not object to the selected option; (ii) For EAS eligible Alaska communities, when the subsidy rate to be paid is less than $125,000, and where the community does not object to the selected option; and (iii) In cases where only one air carrier submitted one service or subsidy option. (10) With respect to provisions for terminations, suspensions, or reductions of service under part 323 of this chapter: (i) To require any person who files a notice, objection, or answer to supply additional information. (ii) To require service of a notice, objection, or answer upon any person. (iii) To accept late-filed objections or answers, upon motion, for good cause shown. (iv) To extend the time for filing objections for answers, when the initial notice has been filed earlier than required under § 323.5 of this chapter. (i) To issue procedural orders or notices in antitrust immunity cases filed under part 303 of this chapter with respect to: (1) Granting or denying requests for adjustments to procedural deadlines where there is no objection; (2) Making other adjustments to a procedural schedule where the policy is clear and consistent with precedent; (3) Granting parties to a proceeding access to confidential documents filed under a request for public nondisclosure pursuant to § 302.12 of this chapter, where providing such access is consistent under current policy and precedent; and (4) In uncontested proceedings, ordering the filing of additional PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 15943 documents deemed relevant to the Department’s consideration of the application, including the filing of documents for in-camera review, where doing so is consistent with past policy and precedent. ■ 242. Amend § 385.13 as follows: ■ a. Remove the word ‘‘and’’ at the end of paragraph (b)(3). ■ b. Remove paragraph (b)(4). ■ c. Redesignate paragraphs (b)(2) and (3) as (b)(3) and (4), respectively. ■ d. Add new paragraphs (b)(2), (5), and (6). ■ e. Revise paragraphs (r) introductory text and (r)(1). ■ f. Add paragraphs (z) through (dd). The additions and revisions to read as follows: § 385.13 Authority of the Director, Office of International Aviation. * * * * * (b) * * * (2) For general tariff exemptions that apply to all U.S. and foreign air carriers pursuant to 14 CFR part 293; * * * * * (5) Issue orders granting uncontested applications by U.S. carriers to provide foreign air transportation where the carrier has already been found fit, willing, and able to provide service of the same basic scope or character; and (6) Issue orders granting uncontested applications by foreign air carriers to provide foreign air transportation where the course of action is clear under current policy or precedent. * * * * * (r) With respect to International Air Transport Association (IATA) agreements filed with the Department pursuant to sections 41309 and 41308 of 49 U.S.C. Subtitle VII, or agreements filed pursuant to previous statutory authority of the Department’s predecessor: (1) Issue orders approving, disapproving, or exempting IATA agreements relating to fare and rate matters under section 41309, and granting or denying antitrust immunity under section 41308, where the course of action is clear under current policy and precedent. * * * * * (z) Issue orders and notices adjusting the Standard Foreign Fare Level to reflect percentage changes in actual operating costs per available seat mile. (aa) Issue notices updating the list of country-pair markets. (bb) With respect to Canadian charter air taxi operations: (1) To approve applications for registration, or require that a registrant submit additional information, or reject E:\FR\FM\16APR4.SGM 16APR4 khammond on DSKBBV9HB2PROD with RULES4 15944 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations an application for registration for failure to comply with part 294 of this chapter. (2) To cancel, revoke, or suspend the registration of any Canadian charter air taxi operator using small aircraft registered under part 294 of this chapter that: (i) Filed with the Department a written notice that it is discontinuing operations; (ii) Is no longer designated by its home government to operate the services contemplated by its registration; (iii) Holds a foreign air carrier permit under section 41302 to operate large aircraft charters between the United States and Canada; (iv) Fails to keep its filed certificate of insurance current; (v) No longer is substantially owned or effectively controlled by persons who are: (A) Citizens of Canada; (B) The Government of Canada; or (C) A combination of both; or (vi) No longer holds current effective Operations Specifications issued by the FAA. (3) To grant or deny requests for a waiver of part 294 of this chapter, where grant or denial of the request is in accordance with current policy or precedent. (cc) With respect to foreign air freight forwarders: (1) To approve applications for registration, or require that a registrant submit additional information, or reject an application for registration for failure to comply with part 297 of this chapter. (2) To cancel the registration of any foreign air freight forwarder or foreign cooperative shippers association that files a written notice with the Department indicating the discontinuance of common carrier activities. (3) To exempt the registrant from the requirement contained in § 297.20 of this chapter that substantial ownership and effective control reside in citizens of the country that the applicant claims as its country of citizenship, where the course of action is clear under current precedent or policies. (dd) With respect to charter operations: (1) To grant or deny requests for waiver of parts 212, 372, and 380 of this chapter, where grant or denial of the request is in accordance with established precedent. (2) To approve or disapprove direct air carrier escrow agreements filed pursuant to part 212 of this chapter. (3) To reject or accept Public Charter prospectuses filed under part 380 of this chapter. VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 (4) With respect to the procedures for the registration of foreign charter operators under subpart E of part 380 of this chapter: (i) To approve applications for registration, or require that a registrant submit additional information, or reject an application for registration for failure to comply with part 380 of this chapter. (ii) To notify the applicant that its application will require further analysis or procedures, or is being referred to the Assistant Secretary for Aviation and International Affairs for formal action. (iii) To cancel the registration of a foreign charter operator if it files a written notice with the Department that it is discontinuing its charter operations. (iv) To waive provisions of subpart E of part 380 of this chapter. ■ 243. Revise § 385.14 to read as follows: § 385.14 Authority of the General Counsel. The General Counsel has authority to: (a) Issue proposed or final regulations for the purpose of making editorial changes or corrections to the Department’s rules and regulations to carry out Subparts I, II and IV of Part A of Subtitle VII of the Transportation Code at 49 U.S.C. 40101 et seq., with the concurrence of the staff offices primarily responsible for the parts or sections involved: Provided, that any final regulation so issued shall have an effective date not less than 20 days after its date of publication in the Federal Register, and shall include a brief reference to the review procedures established in subpart C of this part. (b) Where a petition for review is duly filed, reverse any rulemaking action taken pursuant to paragraph (a) of this section by withdrawing a proposed or final regulation issued thereunder. Any action taken by the General Counsel, pursuant to the authority of this section, shall not be subject to the review procedures of this part. (c) Issue orders deferring action until after oral argument on motions submitted by parties subsequent to the issuance of an Administrative Law Judge’s initial or recommended decision. (d) Reissue existing regulations for the purpose of incorporating prior amendments adopted by the Department. (e) Compromise any civil penalties being imposed in enforcement cases. (f) Issue orders initiating and terminating informal nonpublic investigations under part 305 of this chapter (Procedural Regulations). (g) Issue orders requiring air carriers to prepare and submit within a specified reasonable period, special reports, PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 copies of agreements, records, accounts, papers, documents, and specific answers to questions upon which information is deemed necessary. Special reports shall be under oath whenever the General Counsel so requires. (h) Institute and prosecute in the proper court, as agent of the Department, all necessary proceedings for the enforcement of the provisions of the act or any rule, regulation, requirement, or order thereunder, or any term, condition, or limitation of any certificate or permit, and for the punishment of all violations thereof. Any action taken by the General Counsel, pursuant to the authority of this section, shall not be subject to the review procedures of this part. (i) Make findings regarding the reasonable necessity for the application of the Department’s authority to obtain access to lands, buildings, and equipment, and to inspect, examine, and make notes and copies of accounts, records, memorandums, documents, papers, and correspondence of persons having control over, or affiliated with, any person subject to regulation under Subparts I, II, and IV of Part A of Subtitle VII of the Transportation Code at 49 U.S.C. 40101 et seq. through issuance of an appropriate order, letter, or other transmittal. (j) Issue orders denying or granting conditional or complete confidential treatment of information supplied by any person to the Office of Aviation Enforcement and Proceedings. Confidential treatment may only be granted upon a finding that, if the information were in the Department’s possession and a Freedom of Information Act (FOIA) request were made for the information: (1) At the time of the confidentiality request, the FOIA request would be denied on the basis of one or more of the FOIA exemptions; and (2) At any later time, the FOIA request would also be denied, absent a material change in circumstances (which may include a demonstration that the asserted exemption does not apply). § 385.15 ■ [REMOVED AND RESERVED] 244. Remove and reserve § 385.15. § 385.18 [AMENDED] 245. In § 385.18, remove the words ‘‘Chief, Coordination Section, Documentary Services Division’’ wherever they appear and add in their place the words ‘‘Docket Officer, Docket Operations Office’’. ■ § 385.19 [AMENDED] 246. In § 385.19, remove the words ‘‘Office of Aviation Information’’ ■ E:\FR\FM\16APR4.SGM 16APR4 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations wherever they appear and add in their place the words ‘‘Office of Airline Information’’. § 385.32 [AMENDED] 247. In § 385.32, remove ‘‘this regulation’’ and add in its place ‘‘this part’’. ■ 248. Part 389 is revised to read as follows: ■ PART 389—FEES AND CHARGES FOR SPECIAL SERVICES Subpart A—General Provisions Sec. 389.1 Policy and scope. Subpart C—Filing and Processing License Fees 389.20 Applicability of subpart. 389.21 Payment of fees. 389.22 Failure to make proper payment. 389.23 Application for waiver or modification of fees. 389.24 Foreign air carriers. 389.25 Schedule of processing fees. 389.26 Special rules for tariff page filings. 389.27 Refund of fee. Authority: 49 U.S.C. 40113, 40114, 41711; 31 U.S.C. 9701; and 5 U.S.C. 552. Subpart A—General Provisions Policy and scope. Pursuant to the provisions of 31 U.S.C. 9701, Fees and charges for Government services and things of value, and as implemented by the Office of Management and Budget’s Circular A–25, dated July 8, 1993, the Department sets forth in this part fees and charges to be paid for the use of certain services and resources of the Department as prescribed in this part. Subpart B—Fees for Special Services § 389.10 Applicability of subpart. This subpart describes certain services and resources made available by the Department and prescribes the fees and charges for those services and resources. khammond on DSKBBV9HB2PROD with RULES4 § 389.11 Available services and resources. Upon request and payment of fees as provided in this part, there are available, with respect to documents subject to inspection, services as follows: (a) Locating and copying records and documents; (b) Certification of copies of documents under seal of the Department; and VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 § 389.12 Payment of fees and charges. The fees charged for services and resources shall be paid for electronically at https://www.pay.gov, a secure government-wide collection portal, except for charges for reporting services that are performed under competitive bid contracts with non-Government firms. Fees for reporting are payable to the firms providing the services. Payments to pay.gov can be made directly from a bank account or by credit/debit card. § 389.1 Subpart B—Fees for Special Services 389.10 Applicability of subpart. 389.11 Available services and resources. 389.12 Payment of fees and charges. 389.13 Fees for services. § 389.1 (c) Transcripts of hearings and proceedings. Fees for services and resources described in this subpart and subpart C of this part are pursuant to those fees set forth in 49 CFR part 7, subpart F, §§ 7.41 through 7.43, 7.45 and 7.46. Subpart C—Filing and Processing License Fees § 389.20 Applicability of subpart. (a) This subpart applies to the filing of certain documents and records with the Department by non-government parties, and prescribes fees for their processing. (b) For the purpose of this subpart, record means an electronic tariff record submitted to the Department under subpart R of 14 CFR part 221, and contains a set of information that describes one (1) tariff fare, or a set of information that describes one (1) related element associated with such tariff fare. § 389.21 Payment of fees. (a) Except as provided in paragraph (b) of this section, any document for which a filing fee is required by § 389.25 shall be paid for electronically at https:// www.pay.gov, a secure governmentwide collection portal, unless a waiver or modification of the filing fee has been requested and approved. Payments can be made directly from a bank account or by credit/debit card. (b) Registration for all air taxi operators shall be accompanied by an 8 dollar ($8) registration filing fee in the form of a check, draft, or postal money order payable to the U.S. Department of Transportation. (c) Where a document seeks authority or relief in the alternative and therefore would otherwise be subject to more than one filing fee, only the highest fee shall be required. (d) Where a document relating to a single transaction or matter seeks multiple authorities or relief and therefore would otherwise be subject to more than one filing fee, only the PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 highest fee shall be required. Where a document relating to more than one transaction or matter seeks multiple authorities or relief, the required filing fee shall be determined by combining the highest fees for each transaction or matter. For purposes of this paragraph (d), a specific number of charters or inclusive tours described in one application will be regarded as a single transaction or matter. (e) No fee shall be returned after the document has been filed with the Department, except as provided in §§ 389.23 and 389.27. § 389.22 3 Fees for services. 15945 Failure to make proper payment. In accordance with 49 CFR part 7, subpart F, § 7.42, the Department will assess interest on unpaid fees on the 31st day following the day on which a notice of the amount due is first mailed to the requestor, unless the Department has granted an application for waiver or modification of the fees. § 389.23 Application for waiver or modification of fees. (a) Applications may be filed asking for waiver or modification of any fee paid under this subpart. Each applicant shall set forth the reasons why a waiver or modification should be granted, and by what legal authority. (b) Applications asking for a waiver or modification of fees shall be sent to the Director, Office of Aviation Analysis, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. This provision is in accordance § 385.30 of this chapter. When no petition for review is filed with the Department, or when the Department reviews the Director’s decision, if the amount found due is not paid within 10 days after receipt of notification of the final determination, the document shall be returned to the filing party. § 389.24 Foreign air carriers. A foreign air carrier, or such carriers, if from the same country, acting jointly, may apply for a waiver of the requirements of this part based on reciprocity for U.S. air carriers contained in the requirement of their home governments, or as provided in a treaty or agreement with the United States. To apply for a waiver under this section, foreign air carriers shall send waiver requests to the Director, Office of International Aviation. The request should include applicable official government rules, decisions, statements of policy, or comparable evidence concerning filing fees for U.S. air carriers, or for all carriers serving that country. Once a waiver has been granted for a specific country, no further waiver E:\FR\FM\16APR4.SGM 16APR4 15946 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations applications need be filed for that country. § 389.25 Schedule of processing fees. (a) Document-filing fees. Code Document Interstate Air Transportation Certificate of Public Convenience and Necessity (49 U.S.C. Chapter 411) 1 ..................... 2 ..................... 3 ..................... 4 ..................... 5 6 7 8 ..................... ..................... ..................... ..................... Application for Certificate of Public Convenience and Necessity Interstate Air Transportation—Charter Authority Only. Application for Certificate of Public Convenience and Necessity Interstate Air Transportation—Scheduled Service. Dormant Authority ................................................................................................................................................... Application for Certificate of Public Convenience and Necessity Interstate Air Transportation—Cargo Authority Only. Application to transfer Certificate of Public Convenience and Necessity Interstate Air Transportation ................ Air Taxi Registration ................................................................................................................................................ Application for Commuter Air Carrier Authorization ................................................................................................ Change of Name (registration of trade name or reissuance of certificate) ............................................................ 9 ..................... 10 11 12 13 ................... ................... ................... ................... 850 850 290 670 290 8 670 56 Exemption Request—General (49 U.S.C. Chapter 401) Request Request Request Request for for for for an Exemption from 49 U.S.C. Chapter 415 ........................................................................................ an Exemption from 49 U.S.C Chapter 411 ......................................................................................... an Exemption from 49 U.S.C Chapter 417 ......................................................................................... a Service Mail Rate Petition 49 U.S.C. Chapter 419 ......................................................................... 53 280 120 420 Foreign Air Transportation—U.S. Carriers (49 U.S.C. Chapter 411) 14 ................... 15 ................... 16 ................... 17 ................... 18 ................... 19 ................... Application for Certificate of Public Convenience and Necessity Foreign Air Transportation—Scheduled Service. Amendment to Application for Certificate of Public Convenience and Necessity Foreign Air Transportation— Scheduled Service. Application for Certificate of Public Convenience and Necessity Foreign Air Transportation—Charter Service ... Amendment to Application for Certificate of Public Convenience and Necessity Foreign Air Transportation— Charter Service. Transfer of Certificate of Public Convenience and Necessity Foreign Air Transportation—Scheduled or Charter Service. Change of Name (registration of trade name or reissuance of certificate) ............................................................ 900 425 600 200 255 56 Foreign Air Carrier Permit (49 U.S.C. Chapter 413) 20 ................... 21 ................... 22 ................... Foreign Air Carrier Permit—Initial Application ........................................................................................................ Foreign Air Carrier Permit—Amendment/Renewal of permit .................................................................................. Foreign Air Carrier Permit—Amendment to application for a permit ...................................................................... 760 475 215 Exemption (49 U.S.C. Chapter 401) 23 24 25 26 ................... ................... ................... ................... 27 ................... 28 ................... 29 ................... Request for an Exemption from 49 U.S.C. Chapter 415 ........................................................................................ Request for an Exemption from 49 U.S.C. Chapters 411/413 (10 or fewer flights) .............................................. Request for an Exemption from 49 U.S.C. Chapters 411/413 (More than 10 flights) ........................................... Request for an Exemption from 49 U.S.C. Chapters 411/413 (Filed less than 10 days before effective date requested). Other (U.S. and foreign air carriers) ....................................................................................................................... Emergency cabotage (49 U.S.C. Chapter 401) ...................................................................................................... Relief for U.S. and foreign indirect air carriers (49 U.S.C. Chapter 401) ............................................................... 53 77 360 1 17 360 360 370 khammond on DSKBBV9HB2PROD with RULES4 Undocketed Items 30 31 32 33 34 35 36 37 38 39 ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... Canadian Charter Air Taxi Registration .................................................................................................................. Foreign Freight Forwarder Registration .................................................................................................................. Foreign Tour Operator Registration ........................................................................................................................ Foreign Aircraft Permit (14 CFR part 375) ............................................................................................................. Special Authorization (14 CFR part 375) ................................................................................................................ Charter Statement of Authorization ......................................................................................................................... Intermodal Statement of Authorization .................................................................................................................... Special Authority (14 CFR part 216) ....................................................................................................................... Fee for filing items 33–37 if filed less than time required before effective date .................................................... IATA resolutions ...................................................................................................................................................... 30 11 10 25 12 8 10 37 1 11 61 Other (U.S. and Foreign Air Carriers) 40 ................... 41 ................... 42 ................... VerDate Sep<11>2014 Charters: Public Charter Prospectus ............................................................................................................................... OMPC Operation Authorization ....................................................................................................................... Waiver of Charter Regulations ......................................................................................................................... 18:38 Apr 15, 2019 Jkt 247001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\16APR4.SGM 16APR4 39 665 39 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations Code 43 44 45 46 15947 Document ................... ................... ................... ................... 47 ................... 48 ................... 49 ................... Tariffs: Pages ............................................................................................................................................................... Special Tariff Permission ................................................................................................................................. Waiver of Tariff Regulations ............................................................................................................................ Exemption request ........................................................................................................................................... Agreements filed under 49 U.S.C. Chapter 413 Prior Approval (docketed) ................................................................................................................................ Routine (non-docketed) .................................................................................................................................... Application for free and reduced-rate transportation .............................................................................................. 2 12 12 371 1,080 64 16 1 Additional. (b) Electronic tariff filing fees. The filing fee for one (1) or more transactions proposed in any existing record, or for any new or canceled records, shall be 5 cents per record; Provided: That no fee shall be assessed for those records submitted to the Department pursuant to 14 CFR 221.500(b). khammond on DSKBBV9HB2PROD with RULES4 § 389.26 filings. pages of the tariff are exempt from the fee. § 389.27 Refund of fee. Any fee charged under this part may be refunded in full or in part upon request if the document for which it is charged is withdrawn before final action is taken. Such requests shall be filed in accordance with § 389.23. Special rules for tariff page (a) Tariffs issued by carriers. The filing fee for tariff pages filed by U.S. air carriers will be charged even if the tariff includes matters involving participating foreign air carriers. It will also be charged if the tariff is issued by a foreign air carrier and includes matters involving participating U.S. air carriers, unless the foreign air carrier has obtained a waiver under § 389.24. The fee will not be charged for a blank looseleaf page unless it cancels matter in the preceding issue of the page. (b) Tariffs issued by publishing agents. (1) If the tariff is issued for one or more air carriers exclusively, the fee will be charged for each page. (2) If the tariff is issued for one or more air carriers and one or more foreign air carriers, the fee will be charged for each page, except for those pages that the issuing agent states contain only: (i) Matters pertaining exclusively to foreign air carriers that have been granted a waiver; or (ii) Changes in matters pertaining to foreign air carriers that have been granted a waiver and that are included on the same page with other matters that are reissued without change. (3) The fee will not be charged for a blank looseleaf page unless it cancels matters in the preceding page. (4) No fee will be charged when two pages are published back-to-back, one page is not subject to the fee under paragraph (b)(2) of this section, and the page on the reverse is issued without substantive change. (5) The fee will be charged for two looseleaf pages containing a correction number check sheet unless all other VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 PART 398—GUIDELINES FOR INDIVIDUAL DETERMINATIONS OF BASIC ESSENTIAL AIR SERVICE Secretary may require, a carrier’s application for Special Tariff Permission to file a tariff for foreign air transportation required under part 293 of this chapter on less than the notice required by 49 U.S.C. 41504(b). §§ 399.37, 399.40, 399.41, 399.42, 399.43, and 399.44 [REMOVED] 257. Sections 399.37, 399.40, 399.41, 399.42, 399.43, 399.44 are removed. ■ Table following § 399.44 [Designated as Appendix A to Subpart C of Part 399] 258. Designate the table entitled ‘‘Example of SIFL Adjustment’’, which follows § 399.44, as appendix A to subpart C and add a heading for appendix A to read as follow: ■ 249. The authority citation for part 398 continues to read as follows: ■ Authority: 49 U.S.C. Chapters 401, 417; Airport and Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100–223, Dec. 30, 1987). § 398.11 ■ [Removed] 250. Section 398.11 is removed. PART 399—STATEMENTS OF GENERAL POLICY 251. The authority citation for part 399 continues to read as follows: ■ 252. Throughout part 399, remove the words ‘‘Board’’ and ‘‘Board’s’’ wherever they appear and add in their place the words ‘‘Department’’ and ‘‘Department’s’’, respectively. ■ [AMENDED] 253. In § 399.2(c), remove the words ‘‘section 102 of the Act’’ and add in their place ‘‘49 U.S.C. 40101’’. ■ § 399.4 [AMENDED] 254. In § 399.4, remove the word ‘‘the Act’’ and add in its place the words ‘‘49 U.S.C.’’. ■ §§ 399.30, 399.31, 399.32, 399.33, and 399.34 [REMOVED] 255. Sections 399.30, 399.31, 399.32, 399.33, and 399.34 are removed. ■ 256. Section 399.35 is revised to read as follows: ■ § 399.35 Special tariff permission. The Secretary of Transportation may approve, under such terms as the PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 § 399.60 [AMENDED] 259. In § 399.60(a), remove the words ‘‘applications under section 408 of the Act for approval of consolidations or acquisitions of control;’’. ■ § 399.73 [AMENDED] 260. In § 399.73, remove ‘‘298.3’’ and add in its place ‘‘298.2’’. ■ Authority: 49 U.S.C. 41712. § 399.2 Appendix A to Subpart C of Part 399— Example of SIFL Adjustment § 399.80 [AMENDED] 261. In § 399.80, in the introductory text, remove ‘‘(m)’’ and add in its place ‘‘(n)’’. ■ § 399.81 [AMENDED] 262. Amend § 399.81 as follows: a. In paragraph (c)(1), remove the words ‘‘This section’’ and add in their place the words ‘‘This paragraph (c)’’. ■ b. In paragraph (c)(2), remove the words ‘‘this section’’ and add in their place the words ‘‘this paragraph (c)’’. ■ c. In paragraph (c)(3), remove the words ‘‘this paragraph’’ and add in their place the words ‘‘this paragraph (c)’’. ■ ■ § 399.82 [AMENDED] 263. Amend § 399.82 as follows: a. Remove paragraphs (b)(2) and (3). b. Redesignate paragraphs (b)(4) and (5) as (b)(2) and (3). ■ c. Add the word ‘‘or’’ at the end of newly redesignated paragraph (b)(2). ■ ■ ■ E:\FR\FM\16APR4.SGM 16APR4 15948 § 399.83 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules and Regulations [AMENDED] 264. In § 399.83, remove the words ‘‘section 411 of the Act’’ and add in their place ‘‘49 U.S.C. 41712’’. ■ 265. Section 399.91 is revised to read as follows: ■ § 399.91 Air carrier participation in programs of technical assistance to airlines of less developed countries. khammond on DSKBBV9HB2PROD with RULES4 This policy shall apply to proceedings under 49 U.S.C. 41309 in which the Department is required to make any determination as to the public interest or consistency with 49 U.S.C. Subtitle VerDate Sep<11>2014 18:38 Apr 15, 2019 Jkt 247001 VII of any agreement or relationship sought to be entered into by an air carrier, or officer or director thereof, with a foreign airline in connection with the performance of some activity pursuant to a technical assistance contract financed by an agency of the U.S. Government. Subparts I and J—[REMOVED AND RESERVED] 266. Subparts I and J, consisting of §§ 399.101 and 399.111, respectively, are removed and reserved. ■ PO 00000 Frm 00030 Fmt 4701 Sfmt 9990 § 399.120 [AMENDED] 267. In § 399.120, remove the words ‘‘section 401(d)(8) of the Federal Aviation Act’’ and add in their place ‘‘49 U.S.C. 41102 and 41110’’. ■ Issued in Washington, DC, on: February 7, 2019. Elaine L. Chao, Secretary of Transportation. [FR Doc. 2019–02511 Filed 4–15–19; 8:45 am] BILLING CODE 4910–9X–P E:\FR\FM\16APR4.SGM 16APR4

Agencies

[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Rules and Regulations]
[Pages 15920-15948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02511]



[[Page 15919]]

Vol. 84

Tuesday,

No. 73

April 16, 2019

Part IV





Department of Transportation





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14 CFR Chapter II





 Elimination of Obsolete Provisions and Correction of Outdated 
Statutory References in Aviation Economic Regulations; Final Rule

Federal Register / Vol. 84 , No. 73 / Tuesday, April 16, 2019 / Rules 
and Regulations

[[Page 15920]]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chapter II

[Docket No. DOT-OST-2014-0140]
RIN 2105-AD86


Elimination of Obsolete Provisions and Correction of Outdated 
Statutory References in Aviation Economic Regulations

AGENCY: Office of the Secretary (OST), U.S. Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The Department is amending various provisions regarding its 
aviation economic regulations to eliminate any further remaining 
obsolete provisions and correct outdated statutory references. This 
final rule aligns with the Department's retrospective regulatory review 
initiatives to modify, streamline, or repeal regulations that are 
obsolete or out-of-date.

DATES: This final rule is effective May 16, 2019.

ADDRESSES: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov and follow the 
online instructions for accessing the docket.

FOR FURTHER INFORMATION CONTACT: Jill Laptosky or Jennifer Abdul-Wali, 
Office of Regulation, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, Washington, DC 20590; (202) 366-4723; fax: (202) 366-
9313; email: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of the Final Rule
III. Comment Discussion
IV. Regulatory Analyses and Notices
    A. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    B. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs)
    C. Regulatory Flexibility Act
    D. Executive Order 13132 (Federalism)
    E. Executive Order 13175
    F. Paperwork Reduction Act
    G. National Enviromental Policy Act
List of Subjects
The Amendment

I. Background

    In 1994, the Federal Aviation Act was revised and codified within 
Subtitle VII of Title 49 of the United States Code (Pub. L. 103-272, 
July 5, 1994). Since the codification, the Department has made numerous 
amendments to make the CFR consistent with the provisions of the 
current statute (49 U.S.C., Subtitle VII). Some provisions, however, 
remained unchanged, due in part to the complexity of certain issues, 
such as antitrust immunity, agreements, and waivers. This rule updates 
the economic regulations by modifying language to reflect current 
statutory provisions related to these remaining issues. The revised 
language does not diminish any existing Civil Aeronautics Board (CAB) 
provisions or precedent still in effect.

II. Discussion of the Final Rule

    This rule updates the regulatory language throughout 14 CFR parts 
200 through 399 in the following ways: (1) Where references to the CAB 
are no longer relevant, replaces the term ``Board'' or ``CAB'', where 
appropriate, with ``Department'', ``DOT'' or ``Predecessor''; (2) 
removes citations to the ``Federal Aviation Act'' or ``Act'' and adds 
citations to the appropriate sections of Title 49 of the United States 
Code; (3) inserts current names of forms in place of outdated 
references to CAB forms; (4) adds up-to-date titles for offices within 
the Department; and (5) updates the authority citations, where needed.
    Additional changes are as follows:
    Part 204 describes the data the Department uses to support carrier 
fitness determinations. Section 204.4 discusses carrier obligations for 
proposing to provide essential air service. The section is no longer in 
use and is obsolete. As such, the section is removed in its entirety.
    Parts 207 and 208 address U.S. scheduled and charter air carrier 
requirements with respect to charter trips. Both parts refer to 14 CFR 
part 212 in describing carrier obligations on charter air 
transportation and contain no independent obligations of their own. As 
such, these parts are obsolete and are removed.
    Part 221 describes carrier obligations with respect to tariffs. 
This rule revises part 221 by broadening the language used to refer to 
international treaties. The current regulation refers to the Warsaw 
Convention, which is no longer the relevant international treaty 
applicable to travelers on many itineraries. The rule updates and 
simplifies existing passenger notification requirements and 
consolidates such requirements into a single section. Specifically, the 
rule consolidates separate notice requirements for liability from death 
or injury and liability from damage to baggage into a single notice 
requirement that better reflects the current international landscape, 
including references to the 1999 Montreal Convention, which governs 
many international itineraries originating or terminating in the United 
States. Currently, a carrier's liability can be limited under the 1999 
Montreal Convention to 4,694 SDR for damages caused by the delay of 
passengers and 1,131 SDR for damages resulting from the destruction, 
loss, damage, or delay of baggage. This rule removes references to 
agreements approved by CAB order. Carriers are provided until December 
31, 2019, to comply with the signage requirements of this part, while 
compliance with the ticket notification changes is required on the 
effective date of this final rule. Airlines for America recommends that 
current stocks of paper notices be allowed to be used until exhausted. 
However, the change in liability amounts occurred in 2009 and we do not 
believe carriers still have significant stocks of paper notices with 
outdated information. See Inflation Adjustments to Liability Limits 
Governed by the Montreal Convention Effective December 30, 2009, 74 FR 
59017 (Nov. 16, 2009). Moreover, the Department has consistently 
required that paper and e-ticket notices used to inform consumers of 
their rights and airline policies regarding such liability provide 
accurate information. Accordingly, we do not believe it is appropriate 
to allow airlines to continue to distribute inaccurate paper notices to 
the extent any are doing so.
    Part 223 sets forth rules regarding free and reduced-rate 
transportation. This rule updates part 223 by removing references to 
specific sections of the ``Act'' such as ``under section 408 of the 
Act.'' Additionally, in Sec.  223.1, the term ``handicapped passenger'' 
is used to describe a person with a disability. However, under the 
Americans with Disabilities Act (ADA), the current practice is to use 
``person-first'' terminology (e.g., changes ``handicapped person'' to 
``person with a disability''). Where applicable, as the Department 
reviews its regulations, the term ``handicapped'' is replaced with the 
person-first terminology in alignment with the ADA. This rule removes 
the term ``Handicapped passenger'' and replaces it with the term 
``passenger with a disability.''
    Part 232 established procedures for a party aggrieved by an order 
of the Postmaster General to request a review by DOT. In 2008, 
amendments to 49 U.S.C. 41902 removed from the statute the authority 
for the Secretary of Transportation to amend, modify, suspend, or 
cancel an order of the Postal Service (Pub. L. 110-405, Jan. 4, 2008). 
Accordingly, the statutory basis for part

[[Page 15921]]

232 regulations no longer exists and part 232 is removed.
    Part 234 describes the requirements for filing airline service 
quality performance reports. The existing citation of authorities for 
this part contains an error. This rule corrects the error.
    Part 241 describes a uniform system of accounts and reports for 
large carriers. This rule removes section 01 of part 241 which restated 
outdated statutory text and could lead to confusion if retained.
    Part 272 established essential air service procedures for the 
Freely Associated States comprising the Federated States of Micronesia 
(Ponape, Truk and Yap), the Marshall Islands (Majuro and Kwajalein), 
and Koror in Palau. The procedures include requirements for airlines to 
file notice before suspending service, an obligation to continue to 
provide service when subsidy is available, and carrier-selection 
criteria. Section 272.12 states, ``These provisions shall terminate on 
October 1, 1998, unless the essential air service program to the 
Federated States of Micronesia, the Marshall Islands and Palau is 
specifically extended by Congress.'' Congress did not extend the 
program (Pub. L. 101-219, Sec. 110(b), (Dec.12,1989)). Thus, the 
statutory basis for the regulation no longer exists and part 272 is 
removed.
    Part 300 sets forth the rules of conduct in DOT proceedings 
involving aviation economic and enforcement matters. Many of these 
rules set forth standards of ethical conduct applicable to DOT 
employees with respect to aviation economic matters. DOT employees are 
also subject to the ethics requirements of 49 CFR 99.735-1. In order to 
reduce the duplicative nature of both sets of ethics requirements and 
to minimize the potential for confusion over such requirements, several 
sections of part 300 are removed under this rule. The resulting 
regulations ensures consistent ethical standards across all employees 
of the agency.
    Part 302 sets forth the Rules of Practice in Proceedings before the 
DOT. Part 305 describes the Rules of Practice for Informal Nonpublic 
Investigations undertaken by the Office of Aviation Enforcement and 
Proceedings. Part 385 sets forth the authorities and functions of 
various DOT officials. On August 17, 2012, the Department issued an 
extensive revision to 49 CFR part 1 (Organization and Delegation of 
Powers and Duties) [77 FR 49965]. The Department is revising parts 302, 
305, and 385 to reflect the changes set forth in the revision to part 
1.
    Part 330 established procedures implementing the airline 
compensation section of the Air Transportation Safety and System 
Stabilization Act, which was enacted following the terrorist attacks of 
September 11, 2001, Public Law 107-42, (Sept. 22, 2001) (the 
Stabilization Act). Section 103 of the Stabilization Act appropriated 
up to $5 billion, to be administered by the Department of 
Transportation, to compensate air carriers for losses they incurred due 
to the attacks. Part 330 set out carrier eligibility criteria; forms 
for applying for the compensation payments; details on types of losses 
that would and would not be eligible for compensation; audit 
procedures; and details on a set-aside program for certain air taxis, 
commuter carriers, and other small carriers. Of the 427 applications 
processed, 407 applicants were deemed eligible under part 330. These 
carriers received payments in a total amount of $4.6 billion. All 
eligible appropriations were completed and payments processed and paid, 
and all functions and responsibilities under this section were 
fulfilled. As a result, part 330 serves no further purpose and is 
removed.
    Part 374 specifies the Department's responsibility for enforcing 
air carrier and foreign air carrier compliance with the applicable 
requirements of the Consumer Credit Protection Act. This rule revises 
part 374 by updating the language in Sec.  374.3 regarding references 
to Regulation B, 12 CFR part 202, and Regulation Z, 12 CFR part 226. 
Enforcement responsibility for parts 202 and 226 has been divided and 
reassigned among Federal government agencies. Accordingly, the language 
in Sec.  374.3 is revised to reference the current applicable 
regulations, 12 CFR part 1026.
    Part 380 is applicable to public charter air transportation in 
interstate or foreign air transportation. This rule revises part 380 by 
updating appendices A and B. Part 380 sets forth the Department's rules 
governing Public Charter air transportation of passengers whether 
furnished by direct air carriers or Public Charter Operators. 
Appendices A and B to part 380, respectively, contain the format for 
the Public Charter Operator's Surety Bond and the Public Charter Surety 
Trust Agreement. Since the existing appendices A and B to part 380 were 
published in 1998, various changes have been made to both documents. 
Therefore, appendices A and B is updated to provide the most current 
format for the Public Charter Operator's Surety Bond and the Public 
Charter Surety Trust Agreement.
    In part 385, the Secretary of Transportation delegates certain 
continuing assignments of authority to Secretarial Officers regarding 
the Department's functions of issuing orders or other determinations 
pursuant to 49 U.S.C. 322 and 49 CFR part 1. The Secretary determined 
that several of the items currently prepared for decision at the 
Assistant Secretary level could be handled more efficiently at the 
Office Director level, thereby providing more time for the Assistant 
Secretary and immediate secretarial staff to concentrate on 
controversial and policy-sensitive issues. This action ensures that 
routine items are processed in a much more timely and efficient manner. 
Thus, this rulemaking amends Sec. Sec.  385.12 and 385.13 to reflect 
the expanded assignments of authority to the Director of the Office of 
Aviation Analysis and the Director of the Office of International 
Aviation, both in the Office of the Assistant Secretary for Aviation 
and International Affairs.
    Section 385.12 defines the authority of the Director of the Office 
of Aviation Analysis. This rule authorizes the Director to issue 
Essential Air Service (EAS) Requests for Proposals and certain final 
EAS selection orders. This expanded delegation alone relieves the 
Assistant Secretary for Aviation and International Affairs of reviewing 
nearly sixty orders per year, saving over three hundred (300) hours of 
senior management time and approximately one hundred twenty (120) hours 
of staff time in the Office of Aviation Analysis. This rule expands the 
Director's authority to issue quarterly fuel rate adjustments to 
Alaskan bush and mainline mail rates and to issue certain procedural 
orders in antitrust immunity cases processed under 49 U.S.C. 41308 and 
41309. This rule also removes paragraphs (f), (h), and (i) of Sec.  
385.12, as these requirements are placed under the authority of the 
Director of the Office of International Aviation in Sec.  385.13. 
Accordingly, paragraphs (g), (j), and (k) are re-designated.
    Section 385.13 defines the authority of the Director of the Office 
of International Aviation. This rule amends paragraph (a) of Sec.  
385.13 to grant the Director the authority to issue final orders on 
uncontested tariff exemptions. This rulemaking also amends paragraph 
(b) to authorize the Director to issue final orders on uncontested 
applications for U.S. carrier certificate and foreign air carrier 
permit authority. Further, this action adds two new subsections 
regarding fares and tariffs and amends Sec.  385.13(r)(1) to give the 
Director the authority to exempt

[[Page 15922]]

IATA \1\ agreements under section 41309; this is in addition to the 
Director's existing authority to approve or disapprove such agreements. 
This rule also adds new paragraphs (z) through (dd) that: (1) Authorize 
the Director to issue orders and notices adjusting the Standard Foreign 
Fare Level; (2) authorize the Director to issue notices updating the 
list of country-pair markets in tariff-filing categories under part 293 
of this chapter; (3) give the Director assigned authority as to certain 
matters processed by the Office of International Aviation's U.S. Air 
Carrier Licensing/Special Authorities Division; and (4) add 
requirements moved from Sec.  385.12(f), (h), and (i).
---------------------------------------------------------------------------

    \1\ International Air Transport Association.
---------------------------------------------------------------------------

    Sections 385.14 and 385.15 define the authority of the General 
Counsel and Deputy General Counsel, respectively. Consistent with the 
delegation of duties assigned in 49 CFR part 1, as revised on August 
16, 2012, by 77 FR 49964, the Secretary assigned several duties to the 
General Counsel. Sections 385.14 and 385.15 are revised to reflect this 
assignment of duties. This rule removes Sec.  385.15 and transfers its 
functions to Sec.  385.14.
    Part 389 describes fees and charges for special services. This rule 
amends part 389 by (1) removing references to organizations and 
position titles that no longer exist and replacing them with references 
to appropriate organizations and positions, (2) correcting the filing 
fees charged for special services to reflect a recent rulemaking 
action, (3) allowing for payment of filing fees using the internet, and 
(4) revising the descriptions of licenses for which the Department 
charges filing fees.
    Part 398 establishes guidelines for the determination of basic 
essential air service. The Department amends part 398 by removing an 
outdated provision for funding reductions in Sec.  398.11. Section 
398.11 was superseded by Public Law 106-69, Title III, section 332, 
October 9, 1999, 113 Stat. 1022.
    Part 399, subpart C, sets forth the Department's policies related 
to rates and tariffs. This rulemaking action removes fourteen sections 
from this subpart (Sec. Sec.  399.30, 399.31, 399.32, 399.33, 399.34, 
399.37, 399.40, 399.41, 399.42, 399.43, 399.44, 399.63, 399.101, and 
399.111). These sections are obsolete because of the Airline 
Deregulation Act of 1978 and the Civil Aeronautics Board Sunset Act of 
1984.
    While not originally proposed in the notice of proposed rulemaking 
(NPRM) published on May 9, 2018 (83 FR 21684), this final rule also 
updates the section reference for the definition of small aircraft 
found in Sec.  399.73 from ``Sec.  298.3'' to ``Sec.  298.2''. Under 
the Administrative Procedure Act, an agency may waive the normal notice 
and comment procedures if the agency, for good cause, finds that those 
procedures are impracticable, unnecessary, or contrary to the public 
interest. See 5 U.S.C. 553(b)(B). Since this amendment is merely a 
minor technical correction, notice and comment are unnecessary.

III. Comment Discussion

    OST received two comments in response to the NPRM and is adopting 
one drafting correction and a change in characterization of the 
coverage limits of the Montreal Convention that were proposed in the 
Airlines 4 America (A4A) comment. The second comment was filed by the 
International Air Transport Association (IATA).
    The Department appreciates the constructive input by both 
commenters. However, as this rulemaking is intended as an 
administrative ``clean-up'' action, the majority of the IATA and A4A 
comments propose policy changes to the Department's regulations that 
were not contemplated in the NPRM underlying this final rule. Because 
the changes requested by the commenters are outside the scope of the 
NPRM, the Department declines to adopt them as part of this final rule. 
However, the Department will continue to consider them as we review our 
existing regulations as announced in an October 2, 2017, Notification 
of Regulatory Review (82 FR 45750).
    OST is also adopting an additional, minor modification to a 
reference in Sec.  399.73, as noted above. These changes are described 
further in the Discussion of the Final Rule section above.

IV. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking is not a significant regulatory action under 
Executive Order 12866 and the Department's Regulatory Policies and 
Procedures. Its provisions involve technical amendments to update 
statutory references and to update the titles and addresses of offices. 
The rule also removes certain appendices, sections, and forms that are 
no longer relevant. This rule does not create any major policy changes 
or impose significant new costs or burdens.

B. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs)

    This final rule is considered an E.O. 13771 deregulatory action. 
This final rule repeals a number of sections and whole parts from the 
Code of Federal Regulations that have been identified as outdated, 
unnecessary, or ineffective, thus reducing the Department's regulatory 
footprint. This final rule also modifies the Department's other 
regulations to ensure that they are consistent with existing laws, 
procedures, and practice. Cost savings associated with this 
deregulatory action are not quantifiable.

C. Regulatory Flexibility Act

    Pursuant to section 605 of the Regulatory Flexibility Act (RFA), 5 
U.S.C. 605(b), as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA), I hereby certify that this rulemaking 
does not have a significant impact on a substantial number of small 
entities. The final rule imposes no duties or obligations on small 
entities.

D. Executive Order 13132 (Federalism)

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. The Department has analyzed this 
rulemaking in accordance with the principles and criteria contained in 
the Order and determined that it does not have implications for 
federalism, since it merely makes technical amendments to the existing 
regulations. This final rule does not have a substantial direct effect 
on, or sufficient federalism implications for, the States, nor does it 
limit the policymaking discretion of the States.

E. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this rulemaking 
does not significantly or uniquely affect the communities of the Indian 
tribal governments or impose substantial direct compliance costs on 
them, the funding and consultation requirements of Executive Order 
13175 do not apply.

F. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.) 
requires that DOT consider the impact of paperwork and other 
information collection burdens imposed on the public and, under the 
provisions of PRA section 3507(d), obtain approval from the Office of 
Management and Budget (OMB) for each collection of

[[Page 15923]]

information it conducts, sponsors, or requires through regulations. The 
DOT has determined there are no new information collection requirements 
associated with this final rule.

G. National Environmental Policy Act

    The agency has analyzed the environmental impacts of this action 
pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321 et seq.) and has determined that it is categorically 
excluded pursuant to DOT Order 5610.1C, Procedures for Considering 
Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical 
exclusions are actions identified in an agency's NEPA implementing 
procedures that do not normally have a significant impact on the 
environment and therefore do not require either an environmental 
assessment (EA) or environmental impact statement (EIS). The purpose of 
this rulemaking is to make editorial corrections, remove obsolete 
references, and update outdated provisions in the Department's aviation 
economic regulations. The agency does not anticipate any environmental 
impacts, and there are no extraordinary circumstances present in 
connection with this rulemaking.

List of Subjects

14 CFR Part 200

    Air transportation.

14 CFR Part 201

    Air carriers, Reporting and recordkeeping requirements.

14 CFR Part 203

    Air carriers, Air transportation, Foreign relations, Insurance, 
Reporting and recordkeeping requirements.

14 CFR Part 204

    Air carriers, Reporting and recordkeeping requirements.

14 CFR Part 205

    Air carriers, Freight, Insurance, Reporting and recordkeeping 
requirements.

14 CFR Part 207

    Air carriers, Charter flights.

14 CFR Part 208

    Air carriers, Charter flights.

14 CFR Part 211

    Administrative practice and procedure, Air carriers, Pacific 
Islands Trust Territory, Reporting and recordkeeping requirements.

14 CFR Part 212

    Charter flights, Confidential business information, Reporting and 
recordkeeping requirements, Surety bonds.

14 CFR Part 214

    Air carriers, Charter flights.

14 CFR Part 215

    Air carriers, Reporting and recordkeeping requirements, Trade 
names.

14 CFR Part 216

    Air carriers.

14 CFR Part 217

    Air carriers, Reporting and recordkeeping requirements.

14 CFR Part 218

    Air carriers, Aircraft, Airmen.

14 CFR Part 221

    Air rates and fares, Freight, Reporting and recordkeeping 
requirements.

14 CFR Part 222

    Air carriers, Freight, Intermodal transportation, Reporting and 
recordkeeping requirements.

14 CFR Part 223

    Air rates and fares, Government employees, Reporting and 
recordkeeping requirements.

14 CFR Part 232

    Administrative practice and procedure, Air carriers, Postal 
Service.

14 CFR Part 234

    Air carriers, Consumer protection, Reporting and recordkeeping 
requirements.

14 CFR Part 240

    Air carriers, Uniform System of Accounts.

14 CFR Part 241

    Air carriers, Reporting and recordkeeping requirements, Uniform 
System of Accounts.

14 CFR Part 243

    Air carriers, Aircraft, Charter flights, Reporting and 
recordkeeping requirements.

14 CFR Part 247

    Air carriers, Airports.

14 CFR Part 248

    Air carriers, Reporting and recordkeeping requirements, Uniform 
System of Accounts.

14 CFR Part 249

    Air carriers, Reporting and recordkeeping requirements, Truth in 
lending, Uniform System of Accounts.

14 CFR Part 253

    Air carriers, Consumer protection.

14 CFR Part 257

    Air carriers, Air rates and fares, Consumer protection, Reporting 
and recordkeeping requirements.

14 CFR Part 258

    Air carriers, Consumer protection, Reporting and recordkeeping 
requirements.

14 CFR Part 271

    Air carriers, Grant programs-transportation.

14 CFR Part 272

    Air carriers, Grant programs-transportation, Pacific Islands Trust 
Territory.

14 CFR Part 291

    Administrative practice and procedure, Air carriers, Freight, 
Reporting and recordkeeping requirements.

14 CFR Part 294

    Air taxis, Canada, Charter flights, Reporting and recordkeeping 
requirements.

14 CFR Part 296

    Air carriers, Freight forwarders, Research.

14 CFR Part 297

    Air carriers, Freight forwarders.

14 CFR Part 298

    Air taxis, Reporting and recordkeeping requirements.

14 CFR Part 300

    Administrative practice and procedure, Conflict of interests.

14 CFR Part 302

    Administrative practice and procedure, Air carriers, Airports, 
Postal Service.

14 CFR Part 303

    Administrative practice and procedure, Air carriers, Antitrust, 
Reporting and recordkeeping requirements.

14 CFR Part 305

    Administrative practice and procedure, Air carriers, 
Investigations.

14 CFR Part 323

    Administrative practice and procedure, Air carriers, Reporting and 
recordkeeping requirements

14 CFR Part 325

    Administrative practice and procedure, Air transportation,

[[Page 15924]]

Intergovernmental relations, Reporting and recordkeeping requirements.

14 CFR Part 330

    Administrative practice and procedure, Air carriers, Grant 
programs-transportation
    Reporting and recordkeeping requirements.

14 CFR Part 372

    Charter flights, Military air transportation, Reporting and 
recordkeeping requirements, Surety bonds.

14 CFR Part 374

    Air carriers, Consumer protection, Credit.

14 CFR Part 374a

    Air carriers, Credit, Political candidates, Reporting and 
recordkeeping requirements.

14 CFR Part 375

    Administrative practice and procedure, Aircraft, Foreign relations, 
Reporting and recordkeeping requirements.

14 CFR Part 377

    Administrative practice and procedure, Air carriers.

14 CFR Part 380

    Charter flights, Reporting and recordkeeping requirements, Surety 
bonds.

14 CFR Part 385

    Organization and functions (Government agencies).

14 CFR Part 389

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

14 CFR Part 398

    Air transportation.

14 CFR Part 399

    Administrative practice and procedure, Air carriers, Air rates and 
fares, Air taxis, Consumer protection, Small businesses.

The Amendment

    In consideration of the foregoing, and under the authority of 49 
U.S.C. 322, the Department amends title 14, chapter II of the Code of 
Federal Regulations as follows:

PART 200--DEFINITIONS AND INSTRUCTIONS

0
1. The authority citation for part 200 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 411, 413, 415, 417, and 461.


0
2. Section 200.1 is revised to read as follows:


Sec.  200.1   Terms and definitions.

    For purposes of this chapter--
    (a) Unless otherwise specifically stated, words and phrases other 
than those listed in this section have the meaning defined in 49 U.S.C. 
Subtitle VII.
    (b) Department or DOT means the Department of Transportation.
    (c) Predecessor means the Civil Aeronautics Board (CAB).
    (d) Order refers to the rules, regulations, and orders prescribed 
by the Department pursuant to the 49 U.S.C. Subtitle VII or its orders 
that are, by law, still in effect.
    (e) FAA means the Federal Aviation Administration, U.S. Department 
of Transportation.
    (f) OST-R means the Office of the Assistant Secretary for Research 
and Technology, U.S. Department of Transportation.
    (g) Secretary means the Secretary of Transportation, U.S. 
Department of Transportation.

PART 201--AIR CARRIER AUTHORITY UNDER SUBTITLE VII OF TITLE 49 OF 
THE UNITED STATES CODE

0
3. The authority citation for part 201 continues to read as follows:

    Authority:  5 U.S.C. 1008; 49 U.S.C. Chapters 401, 411, 413, 
415, 417.


0
4. Revise the heading for part 201 to read as set forth above.

0
5. Throughout part 201, remove the phrase ``of the Statute'' and add in 
its place ``of 49 U.S.C. Subtitle VII''.


Sec.  201.1   [AMENDED]

0
6. In Sec.  201.1(b), remove the words ``DOT Dockets, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0002'' and add in their place the words 
``Docket Operations Office, U.S. Department of Transportation, Room 
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001''.


Sec.  201.7   [AMENDED]

0
7. In Sec.  201.7(e), remove the words ``Office of Aviation Analysis'' 
and add in their place the words ``Office of International Aviation''.

PART 203--WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES

0
8. The authority citation for part 203 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 411, 413, 415, 417.


0
9. Section 203.3 is revised to read as follows:


Sec.  203.3   Filing requirements for adherence to Montreal Convention.

    All direct U.S. and foreign air carriers shall have and maintain in 
effect and on file in the Department's Docket Operations Office (DOT-
OST-1995-236) on OST Form 4523 a signed counterpart to Agreement 18900, 
an agreement relating to liability limitations of the Warsaw Convention 
and Hague Protocol, (the Montreal Agreement), dated May 13, 1966, and/
or a signed counterpart of any amendment or replacement to such 
Agreement that may be approved by the Department and to which the air 
carrier or foreign air carrier becomes a party. U.S. air taxi operators 
registering under part 298 of this chapter and Canadian charter air 
taxi operators registering under part 294 of this chapter may comply 
with this requirement by filing completed OST Forms 4507 and 4523, 
respectively, in accordance with the provisions of those parts.


Sec.  203.4   [AMENDED]

0
10. Amend Sec.  203.4 as follows:
0
a. In paragraph (a), remove the words ``Tariffs Division'' and add in 
their place the words ``Pricing and Multilateral Affairs Division''.
0
b. In paragraph (b), remove the reference ``Sec.  221.175'' and add in 
its place the reference ``Sec.  221.105''.

PART 204--DATA TO SUPPORT FITNESS DETERMINATIONS

0
11. The authority citation for part 204 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 411, 417.


0
12. Throughout part 204, remove the words ``the Statute'' and add in 
their place ``49 U.S.C. Subtitle VII''.

0
13. In Sec.  204.2, paragraphs (b) and (e) are revised to read as 
follows:


Sec.  204.2   Definitions.

* * * * *
    (b) Certificate authority means authority to provide air 
transportation granted by the Secretary of Transportation in the form 
of a certificate of public convenience and necessity under 49 U.S.C. 
41102 or an all-cargo air transportation certificate to perform all-
cargo air transportation under 49 U.S.C. 41103. Certificated carriers 
are those that hold certificate authority, including those carriers 
operating by law under the regulatory provisions under the Department's 
predecessor.
* * * * *

[[Page 15925]]

    (e) Eligible place means a place in the United States that meets 
the specified criteria outlined in 49 U.S.C. Chapter 417.
* * * * *


Sec.  204.4   [REMOVED AND RESERVED]

0
14. Section 204.4 is removed and reserved.


Sec.  204.5   [AMENDED]

0
15. Amend Sec.  204.5 as follows:
0
a. In paragraph (c), remove the words ``Washington, DC 20590, or by 
electronic submission at https://dms.dot.gov.'' and add in their place 
the words ``1200 New Jersey Avenue SE, Washington, DC 20590, or by 
electronic submission at https://www.regulations.gov.''
0
b. In paragraph (d), remove the words ``Washington, DC 20590.'' and add 
in their place the words ``1200 New Jersey Avenue SE, Washington, DC 
20590.''


Sec.  204.7   [AMENDED]

0
16. In Sec.  204.7(b), remove the words ``Documentary Services 
Division, Department of Transportation'' and add in their place the 
words ``Docket Operations Office, U.S. Department of Transportation.''

PART 205--AIRCRAFT ACCIDENT LIABILITY INSURANCE

0
17. The authority citation for part 205 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 411, 413, 417.


Sec.  205.4   [AMENDED]

0
18. In Sec.  205.4(a), remove the reference ``https://ostpxweb.dot.gov'' 
and add in its place ``https://www.transportation.gov/policy/aviation-policy/licensing/US-carriers''.

0
19. In Sec.  205.6, revise the section heading and paragraph (b)(2) to 
read as follows:


Sec.  205.6   Prohibited exclusion of coverage.

* * * * *
    (b) * * *
    (2) Liability assumed by the carrier under an agreement to raise 
the liability limitations of the Warsaw Convention by signing a 
counterpart to an agreement of carriers (such as the Montreal 
Agreement, 18900, signed May 13, 1966, agreeing to a limit on the 
carrier's liability for injury or death of passengers of $75,000 per 
passenger), or any amendment to such agreement that may be approved by 
the Department and to which the carrier becomes a party.

PART 206--CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: SPECIAL 
AUTHORIZATIONS AND EXEMPTIONS

0
20. The authority citation for part 206 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 415, 417, 419.


0
21. Throughout part 206, remove the phrase ``of the Statute'' and add 
in its place ``of 49 U.S.C. Subtitle VII''.

PART 207--[REMOVED]

0
22. Part 207 is removed.

PART 208--[REMOVED]

0
23. Part 208 is removed.

PART 211--APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS

0
24. The authority citation for part 211 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 411, 413, 415, 417.


Sec.  211.2   [AMENDED]

0
25. In Sec.  211.2(b), remove the words ``subpart F'' and add in their 
place the words ``subpart E''.


Sec.  211.20   [AMENDED]

0
26. In Sec.  211.20(c)(2)(i), remove the colon and add in its place a 
semicolon.


Sec.  211.31   [AMENDED]

0
27. In Sec.  211.31(d), remove the period and add in its place ``; 
and''.


Sec.  211.32   [AMENDED]

0
28. In Sec.  211.32, remove the words ``section 801(a) of the Federal 
Aviation Act'' and add in their place ``49 U.S.C. 41307''.

PART 212--CHARTER RULES FOR U.S. AND FOREIGN DIRECT AIR CARRIERS

0
29. The authority citation for part 212 continues to read as follows:

    Authority:  49 U.S.C. 40101, 40102, 40109, 40113, 41101, 41103, 
41504, 41702, 41708, 41712, 46101.


Sec.  212.3   [AMENDED]

0
30. In Sec.  212.3, paragraph (c)(i) is redesignated as paragraph 
(c)(1).


Sec.  212.10   [AMENDED]

0
31. In Sec.  212.10(e)(1), remove the words ``part in interest'' and 
add in their place the word ``person''.


Sec.  212.11   [AMENDED]

0
32. In Sec.  212.11(b)(1), remove the words ``authority sought to 
covered'' and add in their place the words ``authority sought is 
covered''.

PART 213--TERMS, CONDITIONS AND LIMITATIONS OF FOREIGN AIR CARRIER 
PERMITS

0
33. The authority citation for part 213 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 411, 413, 415, 417.


Sec.  213.1   [AMENDED]

0
34. In Sec.  213.1, remove ``This regulation'' and add in its place 
``This part''.


Sec.  213.2   [AMENDED]

0
35. In Sec.  213.2, remove ``Rule 14 of part 302'' and add in its place 
``Sec.  302.14 of this chapter (Rule 14 of part 302)''.


Sec.  213.5   [AMENDED]

0
36. In Sec.  213.5(c), remove ``Rule 14 of part 302 of this chapter'' 
and add in its place ``Sec.  302.14 of this chapter (Rule 14 of part 
302)''.

PART 214--TERMS, CONDITIONS, AND LIMITATIONS OF FOREIGN AIR CARRIER 
PERMITS AUTHORIZING CHARTER TRANSPORTATION ONLY

0
37. Add an authority citation for part 214 to read as follows:

    Authority:  49 U.S.C. 40101, 40102, 40109, 40113, 41504, 41708, 
41712, and 46101.

PART 215--USE AND CHANGE OF NAMES OF AIR CARRIERS, FOREIGN AIR 
CARRIERS AND COMMUTER AIR CARRIERS

0
38. The authority citation for part 215 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 411, 413, 417.


0
39. Section 215.1 is revised to read as follows:


Sec.  215.1   Applicability.

    This part applies to all certificated air carriers, commuter air 
carriers, and foreign direct air carriers and to initial and amended 
applications for authority, applications for certificate or permit 
transfers or reissuances, and registration of business names.


Sec.  215.4   [AMENDED]

0
40. Amend Sec.  215.4 as follows:
0
a. In paragraph (a), remove the words ``Licensing Division'' and add in 
their place the words ``Foreign Air Carrier Licensing Division''.
0
b. In paragraph (b), remove ``Docket 17325'' and add in its place 
``Docket DOT-OST-1995-236.''

PART 216--COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR 
CARRIERS

0
41. The authority citation for part 216 continues to read as follows:


[[Page 15926]]


    Authority:  49 U.S.C. Chapters 401, 413, 417.


0
42. Throughout part 216, remove the words ``Board'' and ``Board's'' 
wherever they appear and add in their place the words ``Department'' 
and ``Department's'', respectively.


Sec.  216.1   [AMENDED]

0
43. Amend Sec.  216.1 as follows:
0
a. In paragraph (a), remove the definition for ``Act''.
0
b. In paragraph (b), remove the words ``section 101 of the Act'' and 
add in their place ``49.U.S.C. 40102''.


Sec.  216.3   [AMENDED]

0
44. In Sec.  216.3, remove the words ``section 402 of the Act'' and add 
in their place ``49 U.S.C. 41301''.


Sec.  216.4   [AMENDED]

0
45. In Sec.  216.4(a), remove the words ``Director, Bureau of 
International Aviation'' and add in their place the words ``Director, 
Office of International Aviation''.


Sec.  216.5   [AMENDED]

0
46. In Sec.  216.5, remove the words ``part 375 of the Department's 
Special Regulations'' and add in their place ``part 375 of this chapter 
(the Department's Special Regulations)''.

PART 217--REPORTING TRAFFIC STATISTICS BY FOREIGN AIR CARRIERS IN 
CIVILIAN SCHEDULED, CHARTER, AND NONSCHEDULED SERVICES

0
47. The authority citation for part 217 is revised to read as follows:

    Authority:  49 U.S.C. 329, 41102, 41301, 41708, and 41709.


Sec.  217.5   [AMENDED]

0
48. In Sec.  217.5, remove ``the appendix to Sec.  217.10 of this 
part'' everywhere it appears and add in its place ``appendix A of this 
part''.


Sec.  217.6   [AMENDED]

0
49. In Sec.  217.6(a), remove ``the appendix to Sec.  217.10 of this 
part'' and add in its place ``appendix A of this part''.


Sec.  217.8   [AMENDED]

0
50. In Sec.  217.6, remove ``the Appendix to Sec.  217.10 of this 
part'' and add in its place ``appendix A of this part''.


Sec.  217.10   [AMENDED]

0
51. Amend Sec.  217.10 as follows:
0
a. Remove ``the appendix to this section'' and add in its place 
``appendix A to this part''.
0
b. Remove the appendix to the section.


Sec.  217.11   [AMENDED]

0
52. In Sec.  217.11(b), remove the words ``subject to a maximum fine of 
$10,000 or imprisonment for not more than 5 years, or both,''.
0
53. Add appendix A to read as follows:

Appendix A to Part 217--Instructions to Foreign Air Carriers for 
Reporting Traffic Data on Form 41 Schedule T-100(f)

    (a) General instructions.
    (1) Description. Form 41 Schedule T-100(f) provides flight stage 
data covering both passenger/cargo and all cargo operations in 
scheduled and nonscheduled services. The schedule is used to report 
all flights which serve points in the United States or its 
territories as defined in this part.
    (2) Applicability. Each foreign air carrier holding a section 
41302 permit or exemption authority shall file Schedule T-100(f).
    (3) Reports required by this section shall be submitted to the 
Bureau of Transportation Statistics in a format specified in 
accounting and reporting directives issued by the Bureau of 
Transportation Statistics' Director of Airline Information.
    (4) Filing period. Form 41 Schedule T-100(f) shall be filed 
monthly and is due at the Department thirty (30) days following the 
end of the reporting month to which the data are applicable.
    (b) Preparation of Form 41 Schedule T-100(f):
    (1) Explanation of nonstop segments and on-flight markets. There 
are two basic categories of data, one pertaining to nonstop segments 
and the other pertaining to on-flight markets. For example, the 
routing (A-B-C-D) consists of three nonstop segment records A-B, B-
C, and C-D, and six on-flight market records A-B, A-C, A-D, B-C, B-
D, and C-D.
    (2) Guidelines for reporting a nonstop segment. A nonstop 
segment is reported when one or both points are in the United States 
or its territories. These data shall be merged with that for all of 
the other reportable nonstop operations over the same segment. 
Nonstop segment data must be summarized by aircraft type, under 
paragraph (h)(1) of this appendix, and class of service, paragraph 
(g)(1)(v) of this appendix.
    (3) Rules for determining a reportable on-flight market. On-
flight markets are reportable when one or both points are within the 
U.S., with the following exceptions: (i) Do not report third country 
to U.S. markets resulting from flight itineraries which serve a 
third country prior to a homeland point in flights passing through 
the homeland bound for the U.S.; and (ii) do not report U.S. to 
third country markets resulting from itineraries serving third 
country points subsequent to a homeland point in flights outbound 
from the U.S. and passing through the homeland. In reporting data 
pertaining to these two exceptions, the traffic moving to or from 
the U.S. relating to the applicable prior or subsequent third 
countries (referred to as ``behind'' or ``beyond'' traffic) is to be 
combined with the applicable foreign homeland gateway point, just as 
though the traffic were actually enplaned or deplaned at the 
homeland gateway, without disclosure of the actual prior or 
subsequent points. Applicable flights are illustrated in examples 
(6) and (7) under paragraph (c) of this appendix.
    (c) Examples of flights. Following are some typical flight 
itineraries that show the reportable nonstop segment and on-flight 
market entries. The carrier's homeland is the key factor in 
determining which on-flight markets are reportable.
    (1) SQ flight # 11 LAX--NRT--SIN. This is an example of a flight 
with an intermediate foreign country. It is not necessary to report 
anything on the NRT--SIN leg.

SQ--Singapore Airlines
LAX--Los Angeles, USA
NRT--Tokyo-Narita, Japan
SIN--Singapore, Singapore

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            A-3--Airport code                    A-4--Airport code          A-5--Service class                          By aircraft type--                          Sum of all aircraft types--
------------------------------------------------------------------------       (mark an X)       -----------------------------------------------------------------------------------------------
                                                                        -------------------------                                                  B-4-- Revenue    C-1--Total      C-2--Total
                                                                                                   B-1--Aircraft   B-2-- Revenue   B-3-- Revenue      freight         revenue         revenue
                  Origin                            Destination           F    G    L    P    Q      type code       aircraft       passengers      transported    passengers in    freight in
                                                                                                                    departures      transported        (kg)           market        market (kg)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
LAX......................................  NRT.........................   X   ...  ...  ...  ...            8161              12            2400            4800             400             500
LAX......................................  SIN.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............            2000            4300
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    (2) SQ flight #15 LAX--HNL--TPE--SIN. This is an example of two 
U.S. points, an intermediate third country, and a homeland point. 
Information is reportable on only the on-flight markets and nonstop 
segments that consist of one or both U.S. points.

SQ--Singapore Airlines
LAX--Los Angeles, USA
HNL--Honolulu, USA
TPE--Taipei, Taiwan
SIN--Singapore, Singapore

[[Page 15927]]



------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            A-3--Airport code                    A-4--Airport code          A-5--Service class                          By aircraft type--                          Sum of all aircraft types--
------------------------------------------------------------------------       (mark an X)       -----------------------------------------------------------------------------------------------
                                                                        -------------------------                                                  B-4-- Revenue    C-1--Total      C-2--Total
                                                                                                   B-1--Aircraft   B-2-- Revenue   B-3-- Revenue      freight         revenue         revenue
                  Origin                            Destination           F    G    L    P    Q      type code       aircraft       passengers      transported    passengers in    freight in
                                                                                                                    departures      transported        (kg)           market        market (kg)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
LAX......................................  HNL.........................   X   ...  ...  ...  ...            8161              12            2700            5300               0               0
LAX......................................  TPE.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............             700            1300
LAX......................................  SIN.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............            2000            4000
HNL......................................  TPE.........................   X   ...  ...  ...  ...            8161              12            2200            6800            1200             800
HNL......................................  SIN.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............            1000            6000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    (3) LB flight # 902 LPB-VVI-MAO-CCS-MIA. This flight serves two 
homeland points and two different foreign countries before 
terminating in the U.S. Nonstop segment information is required only 
for the nonstop segment involving a U.S. point. On-flight market 
information is required in 4 of the 10 markets, LPB-MIA and VVI-MIA, 
since these involve homeland and U.S. points; MAO-MIA is necessary 
to show traffic carried into the U.S., and CCS-MIA for the same 
reason, and also because in all cases where a nonstop segment entry 
is required, a corresponding on-flight market entry must also be 
reported.

LB--Lloyd Aero Boliviano
LPB--La Paz, Bolivia
VVI--Santa Cruz-Viru Viru, Bolivia
MAO--Manaus, Brazil
CCS--Caracas, Venezuela
MIA--Miami, USA

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            A-3--Airport code                    A-4--Airport code          A-5--Service class                          By aircraft type--                          Sum of all aircraft types--
------------------------------------------------------------------------       (mark an X)       -----------------------------------------------------------------------------------------------
                                                                        -------------------------                                                  B-4-- Revenue    C-1--Total      C-2--Total
                                                                                                   B-1--Aircraft   B-2-- Revenue   B-3-- Revenue      freight         revenue         revenue
                  Origin                            Destination           F    G    L    P    Q      type code       aircraft       passengers      transported    passengers in    freight in
                                                                                                                    departures      transported        (kg)           market        market (kg)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CCS......................................  MIA.........................   X   ...  ...  ...  ...            8161              31            6900           71000               0               0
LPB......................................  MIA.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............            1100           20000
VVI......................................  MIA.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............            4000           30000
MAO......................................  MIA.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............            1000           12000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    (4) LY flight #005 TLV-AMS-ORD-LAX. This flight serves a single 
foreign intermediate point and two U.S. points after its homeland 
origination. The information on the TLV-AMS leg is not reportable.

LY--El Al Israel Airlines
TLV--Tel Aviv, Israel
AMS--Amsterdam, Netherlands
ORD--Chicago, USA
LAX--Los Angeles, USA

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            A-3--Airport code                    A-4--Airport code          A-5--Service class                          By aircraft type--                          Sum of all aircraft types--
------------------------------------------------------------------------       (mark an X)       -----------------------------------------------------------------------------------------------
                                                                        -------------------------                                                  B-4-- Revenue    C-1--Total      C-2--Total
                                                                                                   B-1--Aircraft   B-2-- Revenue   B-3-- Revenue      freight         revenue         revenue
                  Origin                            Destination           F    G    L    P    Q      type code       aircraft       passengers      transported    passengers in    freight in
                                                                                                                    departures      transported        (kg)           market        market (kg)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AMS......................................  ORD.........................   X   ...  ...  ...  ...            8161               1             350           10000              50            1500
TLV......................................  ORD.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............             150            4000
TLV......................................  LAX.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............             125            3000
ORD......................................  LAX.........................   X   ...  ...  ...  ...            8161               1             150            4500               0               0
AMS......................................  LAX.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............              25            1500
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    (5) QF flight #25 SYD--BNE--CNS--HNL--YVR. This flight serves 
three homeland points, a U.S. point, and a subsequent third country. 
Nonstop segment information is required on the respective legs into 
and out of the United States. All on-flight market entries involving 
the U.S. point HNL are also required. Data are not required on the 
homeland to homeland markets, or the homeland--third country 
markets.

QF--Qantas Airways (Australia)
SYD--Sydney, Australia
BNE--Brisbane, Australia
CNS--Cairns, Australia
HNL--Honolulu, USA
YVR--Vancouver, Canada

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            A-3--Airport code                    A-4--Airport code          A-5--Service class                          By aircraft type--                          Sum of all aircraft types--
------------------------------------------------------------------------       (mark an X)       -----------------------------------------------------------------------------------------------
                                                                        -------------------------                                                  B-4-- Revenue    C-1--Total      C-2--Total
                                                                                                   B-1--Aircraft   B-2-- Revenue   B-3-- Revenue      freight         revenue         revenue
                  Origin                            Destination           F    G    L    P    Q      type code       aircraft       passengers      transported    passengers in    freight in
                                                                                                                    departures      transported        (kg)           market        market (kg)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CNS......................................  HNL.........................   X   ...  ...  ...  ...            8161               5            2200           41000             400            8000
SYD......................................  HNL.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............             600           10000
BNE......................................  HNL.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............             600            9000
HNL......................................  YVR.........................   X   ...  ...  ...  ...            8161               5             750           15700             150            1700
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    (6) JL flight #002 HKG--NRT--SFO. This flight originates in a 
third country prior to the homeland. No data is required on the HKG-
NRT leg, but the HKG-SFO passengers and cargo shall be shown as 
enplanements in the NRT-SFO on-flight market entry. These volumes 
are included by definition in the passenger and cargo transported 
volumes of the NRT-SFO nonstop segment entry.

JL--Japan Air Lines
HKG--Hong Kong, Hong Kong

[[Page 15928]]

NRT--Tokyo-Narita, Japan
SFO--San Francisco, USA

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            A-3--Airport code                    A-4--Airport code          A-5--Service class                          By aircraft type--                          Sum of all aircraft types--
------------------------------------------------------------------------       (mark an X)       -----------------------------------------------------------------------------------------------
                                                                        -------------------------                                                  B-4-- Revenue    C-1--Total      C-2--Total
                                                                                                   B-1--Aircraft   B-2-- Revenue   B-3-- Revenue      freight         revenue         revenue
                  Origin                            Destination           F    G    L    P    Q      type code       aircraft       passengers      transported    passengers in    freight in
                                                                                                                    departures      transported        (kg)           market        market (kg)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NRT......................................  SFO.........................   X   ...  ...  ...  ...            8161               3            1200           18000            1200           18000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    (7) JL flight #001 SFO-NRT-HKG. This flight is the reverse 
sequence of flight #002 above; it requires a nonstop segment entry 
covering SFO-NRT, and a single on-flight market entry also for SFO-
NRT. In this case, the on flight traffic enplaned at SFO and 
destined for HKG, a beyond homeland point, shall be included in the 
SFO-NRT entry; a separate SFO-HKG entry is not required.

JL--Japan Air Lines
SFO--San Francisco, USA
NRT--Tokyo-Narita, Japan
HKG--Hong Kong, Hong Kong

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            A-3--Airport code                    A-4--Airport code          A-5--Service class                          By aircraft type--                          Sum of all aircraft types--
------------------------------------------------------------------------       (mark an X)       -----------------------------------------------------------------------------------------------
                                                                        -------------------------                                                  B-4-- Revenue    C-1--Total      C-2--Total
                                                                                                   B-1--Aircraft   B-2-- Revenue   B-3-- Revenue      freight         revenue         revenue
                  Origin                            Destination           F    G    L    P    Q      type code       aircraft       passengers      transported    passengers in    freight in
                                                                                                                    departures      transported        (kg)           market        market (kg)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SFO......................................  NRT.........................   X   ...  ...  ...  ...            8161               1             400           20000             400           20000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    (8) BA flight #5 LHR-ANC-NRT-OSA. This example contains a single 
homeland point and a single U.S. point followed by two third country 
points. It is necessary to report the nonstop segments into and out 
of the U.S., and all three of the on-flight markets which have the 
U.S. point ANC as either an origin or destination.

BA--British Airways
LHR--London, England
ANC--Anchorage, USA
NRT--Tokyo-Narita, Japan
OSA--Osaka, Japan

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            A-3--Airport code                    A-4--Airport code          A-5--Service class                          By aircraft type--                          Sum of all aircraft types--
------------------------------------------------------------------------       (mark an X)       -----------------------------------------------------------------------------------------------
                                                                        -------------------------                                                  B-4-- Revenue    C-1--Total      C-2--Total
                                                                                                   B-1--Aircraft   B-2-- Revenue   B-3-- Revenue      freight         revenue         revenue
                  Origin                            Destination           F    G    L    P    Q      type code       aircraft       passengers      transported    passengers in    freight in
                                                                                                                    departures      transported        (kg)           market        market (kg)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
LHR......................................  ANC.........................   X   ...  ...  ...  ...            8161              10            3000           50000             100            1000
ANC......................................  NRT.........................   X   ...  ...  ...  ...            8161              10            3150           55000             100            2500
ANC......................................  OSA.........................   X   ...  ...  ...  ...  ..............  ..............  ..............  ..............             150            1500
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    (d) Provisions to reduce paperwork:
    (1) Nonstop Segment Entries. The flight stage data applicable to 
nonstop segment entries must be summarized to create totals by 
aircraft equipment type, within service class, within pairs-of-
points.
    (2) On-flight Market Entries. The applicable on-flight market 
entries shall be summarized to create totals by service class within 
pair-of-points.
    (e) Preparation of Schedule T-100 (f):
    (1) Section A--Indicative and flight pattern information. A copy 
of Schedule T-100(f) is shown at the end of this appendix. Section A 
defines the origin and destination points and the service class code 
to which the nonstop segment data in Section B and the on-flight 
market data in Section C are applicable. Section A information, 
along with the carrier code and report date, must be included on 
each schedule.
    (2) Section B--Nonstop segment information. Section B of the 
schedule is used for reporting nonstop segment information by 
aircraft type. To reduce the number of schedules reported, space is 
provided for including data on multiple different aircraft types. 
Similarly, the on-flight market section has been included on a 
single Schedule T-100(f), along with the nonstop segment data, 
rather than on a separate schedule.
    (3) Section C--On-flight market information. Section C of the 
schedule is used for reporting on-flight market data. There will 
always be an on-flight market that corresponds to the nonstop 
segment. Because the on-flight market data are reported at the 
service class level rather than by aircraft type, a specific flight 
may produce more on-flight markets than nonstop segments, (see 
examples in paragraph (c) of this appendix), resulting in data 
reported in sections A and C only.
    (f) [Reserved]
    (g) Data element definitions:
    (1) Service pattern information.
    (i) Line A-1 Carrier code. Use the carrier code established by 
the Department. This code is provided to each carrier in the initial 
reporting letter from the Office of Airline Information (OAI). If 
there are any questions about these codes, contact the OAI Data 
Administration Division at the address in paragraph (a)(3) of this 
appendix.
    (ii) Line A-2 Report date. This is the year and month to which 
the data are applicable. For example, 200009 indicates the year 
2000, and the month of September.
    (iii) Line A-3 Origin airport code. This is the departure 
airport, where an aircraft begins a flight segment, and where the 
passengers originate in an on-flight market. Use the 3-letter code 
from the City/Airport Codes section of the Official Airline Guide 
Worldwide Edition. If no 3-letter code is available, OAI will assign 
one; the address is in paragraph (a)(3) of this appendix.
    (iv) Line A-4 Destination airport code. This is the arrival 
airport, where an aircraft stops on a flight segment, and where 
passengers deplane (get off the flight) after reaching their 
destination in a market. Use the 3-letter code from the source 
described in paragraph (g)(1)(iii) of this appendix.
    (v) Line A-5 Service class code. Select one of the following 
single letter codes which describes the type of service being 
reported on a given flight operation.

F = Scheduled Passenger/cargo Service
G = Scheduled All-cargo Service
L = Nonscheduled Civilian Passenger/Cargo Charter
P = Nonscheduled Civilian All-Cargo Charter
Q = Nonscheduled Services (Other than Charter)

    (2) Nonstop segment information:
    (i) Line B-1 Aircraft type code. Use the four digit numeric code 
prescribed in paragraph (h)(1) of this appendix. If no aircraft type 
code is available, OAI will

[[Page 15929]]

assign one. The address is in paragraph (a)(3) of this appendix.
    (ii) Line B-2 Aircraft departures performed. This is the total 
number of physical departures performed with a given aircraft type, 
within service class and pair-of-points.
    (iii) Line B-3 Revenue passengers transported. This is the total 
number of revenue passengers transported on a given nonstop segment. 
It represents the total number of revenue passengers on board over 
the segment without regard to their actual point of enplanement.
    (iv) Line B-4 Revenue freight transported. This item is the 
total weight in kilograms (kg) of the revenue freight transported on 
a given nonstop segment without regard to its actual point of 
enplanement.
    (3) On-flight market information:
    (i) Line C-1 Total revenue passengers in market. This item 
represents the total number of revenue passengers, within service 
class, that were enplaned at the origin airport and deplaned at the 
destination airport.
    (ii) Line C-2 Total revenue freight in market. This item 
represents the total weight in kilograms (kg) of revenue freight 
enplaned at the origin and deplaned at the destination airport.
(h) [Reserved]
    (i) Joint Service.
    (1) The Department may authorize joint service operations 
between two direct air carriers. Examples of these joint service 
operations are:
    Blocked-space agreements;
    Part-charter agreements;
    Code-sharing agreements;
    Wet-lease agreements, and similar arrangements.
    (2) Joint-service operations shall be reported on BTS Form 41 
Schedules T-100 and T-100(f) by the air carrier in operational 
control of the flight, i.e., the air carrier that uses its flight 
crew to perform the operation. If there are questions about 
reporting a joint-service operation, contact the BTS Assistant 
Director--Airline Information at the address in paragraph (a)(3) of 
this appendix.
    (j) [Reserved]

PART 218--LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF 
AIRCRAFT WITH CREW

0
54. The authority citation for part 218 is revised to read as follows:

    Authority:  49 U.S.C. 40113 and 41301.


Sec.  218.2   [AMENDED]

0
55. In Sec.  218.2, remove the words ``section 402 of the Act'' and add 
in their place ``49 U.S.C. 41301''.


Sec.  218.3   [AMENDED]

0
56. Amend Sec.  218.3 as follows:
0
a. In paragraph (a)(1), remove the words ``section 402 of the Act'' and 
add in their place ``49 U.S.C. 41301''.
0
b. In paragraph (a)(2), remove the words ``section 416 of the Act'' and 
add in their place ``49 U.S.C. 40109''.
0
c. In paragraphs (a)(2) and (3), remove the word ``Board'' and add in 
its place the word ``Department''.


Sec.  218.5   [AMENDED]

0
57. In Sec.  218.5, remove the word ``Board'' each place it appears and 
add in its place the word ``Department''.


Sec.  218.6   [AMENDED]

0
58. In Sec.  218.6, remove the word ``Board'' and add in its place the 
word ``Department''.

PART 221--TARIFFS

0
59. The authority citation for part 221 continues to read as follows:

    Authority:  49 U.S.C. 40101, 40109, 40113, 46101, 46102, chapter 
411, chapter 413, chapter 415 and chapter 417, subchapter I.


0
60. Throughout part 221, remove the words ``of the statute'' and add in 
their place ``of 49 U.S.C. Subtitle VII''.


Sec.  221.3   [AMENDED]

0
61. In Sec.  221.3, remove the definitions for ``Department'' and 
``Statute''.

0
62. Section 221.105 is revised to read as follows:


Sec.  221.105   Special notice of limited liability under international 
treaty.

    (a)(1) In addition to the other requirements of this subpart, each 
air carrier and foreign air carrier which, to any extent, avails itself 
of the limitation on liability to passengers provided by an 
international treaty, shall, at the time of delivery of the ticket, 
furnish to each passenger whose transportation is governed by the 
international treaty and whose place of departure or place of 
destination is in the United States, the following statement in 
writing:

Advice to International Passengers on Limitations of Liability

    Passengers embarking upon a journey involving an ultimate 
destination or a stop in a country other than the country of departure 
are advised that the provisions of an international treaty (the Warsaw 
Convention, the 1999 Montreal Convention, or other treaty), as well as 
a carrier's own contract of carriage or tariff provisions, may be 
applicable to their entire journey, including any portion entirely 
within the countries of departure and destination. The applicable 
treaty governs and may limit the liability of carriers to passengers 
for death or personal injury, destruction or loss of, or damage to, 
baggage, and for delay of passengers and baggage.
    Additional protection can usually be obtained by purchasing 
insurance from a private company. Such insurance is not affected by any 
limitation of the carrier's liability under an international treaty. 
For further information please consult your airline or insurance 
company representative.
    (2) The statement prescribed in paragraph (a)(1) of this section 
shall be printed or displayed in type at least as large as 10-point 
modern type and in a form that contrasts with the stock or background 
on:
    (i) Each ticket, including electronic tickets;
    (ii) A piece of paper either placed in the ticket envelope with the 
ticket or attached to the ticket; or
    (iii) The ticket envelope.
    (3) When a carrier is a signatory of a Department-approved 
intercarrier agreement implementing an international treaty, and such 
agreement contains specific text a carrier may use as a notice to 
international passengers regarding carrier liability, the carrier may 
substitute the exact text contained in the intercarrier agreement in 
lieu of the required text of the notice quoted in paragraph (a)(1) of 
this section.
    (b) By December 31, 2019, each air carrier and foreign air carrier 
which, to any extent, avails itself of the limitation on liability to 
passengers provided by an international treaty, shall also cause to be 
displayed continuously in a conspicuous public place at each desk, 
station, and position in the United States which is in the charge of a 
person employed exclusively by it or by it jointly with another person, 
or by any agent employed by such air carrier or foreign air carrier to 
sell tickets to passengers whose transportation may be governed by an 
international treaty and whose place of departure or destination may be 
in the United States, a sign which shall have printed thereon the 
statement prescribed in paragraph (a)(1) of this section.
    (c) It shall be the responsibility of each carrier to ensure that 
travel agents authorized to sell air transportation for such carrier 
comply with the notice provisions of paragraphs (a) and (b) of this 
section.
    (d) Any air carrier or foreign air carrier subject to the 
provisions of this section which wishes to use a notice of limited 
liability of its own wording, but containing the substance of the 
language prescribed in paragraphs (a) and (b) of this section, may 
substitute a notice of its own wording upon approval by the Department.
    (e) The requirements as to time and method of delivery of the 
notice (including the size of type) specified in paragraphs (a) and (b) 
of this section and the requirement with respect to travel agents 
specified in paragraph (c) of this section may be waived by the 
Department upon application and

[[Page 15930]]

showing by the carrier that special and unusual circumstances render 
the enforcement of the regulations impractical and unduly burdensome 
and that adequate alternative means of giving notice are employed.
    (f) Applications for relief under paragraphs (d) and (e) of this 
section shall be filed with the Department's Office of International 
Aviation not later than 15 days before the date on which such relief is 
requested to become effective.
    (g) Notwithstanding any other provisions of this section, no air 
taxi operator subject to part 298 of this subchapter shall be required 
to give the notices prescribed in this section, either in its capacity 
as an air carrier or in its capacity as an agent for an air carrier or 
foreign air carrier.


Sec.  221.106  [REMOVED AND RESERVED]

0
63. Section 221.106 is removed and reserved.

PART 222--INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS

0
64. The authority citation for part 222 is revised to read as follows:

    Authority: 49 U.S.C. 40113 and 41301.


Sec.  222.2  [AMENDED]

0
65. In Sec.  222.2(a) and (d), remove the word ``Board'' each place it 
appears and add in its place the word ``Department''.

0
66. In Sec.  222.3, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  222.3  Application for Statement of Authorization.

    (a) Application for a Statement of Authorization shall be filed 
with the Department's Foreign Air Carrier Licensing Division, Office of 
International Aviation, in duplicate, on OST Form 4500. In most cases, 
the Department will act upon applications for Statements of 
Authorization within 60 days.
    (b) Persons objecting to an application for a Statement of 
Authorization shall file their objections with the Foreign Air Carrier 
Licensing Division, Office of International Aviation, within 28 days of 
the filing date of the application. The Department will list the names 
and nationalities of all persons applying for Statements of 
Authorization in its Weekly Summary of Filings.
* * * * *


Sec.  222.4  [AMENDED]

0
67. Amend Sec.  222.4 as follows:
0
a. In paragraph (a) introductory text, remove the word ``Board'' and 
add in its place the word ``Department''.
0
b. In paragraph (a)(1), remove ``CAB Form 222'' and ``Form 222'' and 
add in their place ``OST Form 4500'' and ``Form 4500'', respectively.
0
c. In paragraph (b), remove the word ``Board's'' and add in its place 
the word ``Department's''.


Sec.  222.5  [AMENDED]

0
68. In Sec.  222.5, remove the word ``Board'' each place it appears and 
add in its place the word ``Department''.

Appendix A to Part 222 [REMOVED]

0
69. Appendix A to part 222 is removed.

PART 223--FREE AND REDUCED-RATE TRANSPORTATION

0
70. The authority citation for part 223 is revised to read as follows:

    Authority: 49 U.S.C. 40113, 40114, and 41711.

0
71. Section 223.1 is revised to read as follows:


Sec.  223.1  Definitions.

    As used in this part, unless the context otherwise requires:
    Affiliate of a carrier means a person:
    (1) Who controls that carrier, or is controlled by that carrier or 
by another person who controls or is controlled by that carrier; and
    (2) Whose principal business in purpose or in fact is:
    (i) The holding of stock in one or more carriers;
    (ii) Transportation by air or the sale of tickets therefor;
    (iii) The operation of one or more airports, one or more of which 
are used by that carrier or by another carrier who controls or is 
controlled by that carrier or that is under common control with that 
carrier by another person; or
    (iv) Activities related to the transportation by air conducted by 
that carrier or by another carrier that controls or is controlled by 
that carrier or which is under common control with that carrier by 
another person.
    Air carrier means the holder of a certificate of public convenience 
and necessity issued by the Department under 49 U.S.C. 41102 
authorizing the carriage of persons. This definition is applicable to a 
holder of a certificate issued by the Civil Aeronautics Board before 
its sunset in 1984.
    Attendant means any person required by a passenger with a 
disability in order to travel, whether or not that person's services 
are required while the passenger with a disability is in an aircraft.
    Carrier means:
    (1) An air carrier;
    (2) An all-cargo air carrier operating under 49 U.S.C. 41102, 
41103;
    (3) A foreign air carrier;
    (4) An intrastate carrier;
    (5) An air taxi (including a commuter air carrier) operating under 
part 294 or 298 of this chapter; and
    (6) Any person operating as a common carrier by air, or in the 
carriage of mail by air, or conducting transportation by air, in a 
foreign country.
    Delivery flight means a flight from a point in the United States 
where a carrier has taken delivery of a newly manufactured aircraft to 
any point or points on its route system.
    Foreign air carrier means the holder of a permit issued by the 
Department under 49 U.S.C. 41302 authorizing the carriage of persons. 
This definition is applicable to a holder of a certificate issued by 
the Civil Aeronautics Board before its sunset in 1984.
    Free transportation means the carriage by an air carrier or foreign 
air carrier of any person or property (other than property owned by 
that carrier) in air transportation without compensation therefore.
    Inaugural flight means a flight on an aircraft type being 
introduced by a carrier for the first time on a route, even if that 
aircraft type has been used by that carrier on other routes or on that 
route by other carriers.
    Passenger with a disability means any person who has a physical or 
mental impairment (other than drug addiction or alcoholism), that 
substantially limits one or more major life activities.
    Pass means a written authorization, other than actual ticket stock, 
issued by a carrier for free or reduced-rate transportation of persons 
or property.
    Reduced-rate transportation means the carriage by an air carrier or 
foreign air carrier of any person or property (other than property 
owned by such carrier) in air transportation for a compensation less 
than that specified in the tariffs of that carrier on file with the 
Department and otherwise applicable to such carriage.
    Retired means:
    (1) With respect to carrier directors, officers, and employees, 
persons receiving retirement benefits from any carrier; and
    (2) With respect to the general public, persons not regularly 
working at a full-time paying job, and not intending to do so in the 
future.


Sec.  223.2  [AMENDED]

0
72. In Sec.  223.2, remove the words ``section 401 of the Act'' 
everywhere they appear and add in their place ``49 U.S.C. 41102''.

[[Page 15931]]

Sec.  223.6  [AMENDED]

0
73. In Sec.  223.6(c), remove the word ``Board'' and add in its place 
the word ``Department''.


Sec.  223.21  [AMENDED]

0
74. In Sec.  223.21(a), remove the words ``section 403(b) of the Act'' 
and add in their place ``49 U.S.C. 41511''.


Sec.  223.22  [AMENDED]

0
75. In Sec.  223.22:
0
a. In the introductory text, remove the words ``sections 403 and 404(b) 
of the Act'' and add in their place ``49 U.S.C. 41510 and 41310(b)''.
0
b. In paragraphs (b) introductory text and (b)(1), remove the word 
``Board'' and add in its place the word ``Department''.


Sec.  223.23  [AMENDED]

0
76. In Sec.  223.23(a), remove the word ``Board'' and add in its place 
the word ``Department''.


Sec.  223.25  [AMENDED]

0
77. In Sec.  223.25(c), remove the word ``Board'' and add in its place 
the word ``Department''.

PART 232--[REMOVED]

0
78. Part 232 is removed.

PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

0
79. The authority citation for part 234 is revised to read as follows:

    Authority: 49 U.S.C. 329, 41708, and 41709.

PART 240--INSPECTION OF ACCOUNTS AND PROPERTY

0
80. Add an authority citation for part 240 to read as follows:

    Authority: 49 U.S.C. 40113, 40114, 41711, 41708, and 41709.

0
81. Section 240.1 is revised to read as follows:


Sec.  240.1  Interpretation.

    (a) In the exercise of the authority granted by 49 U.S.C. 41709, 
the authority of any special agent or auditor to inspect and examine 
lands, buildings, equipment, accounts, records, memorandums, papers or 
correspondence shall include the authority to make such notes and 
copies thereof as he or she deems appropriate.
    (b) The terms ``special agent'' and ``auditor'' are construed to 
mean any employee of the Office of Aviation Enforcement and Proceedings 
and any other employee of the Department specifically designated by it 
or by the Director, Office of Security.
    (c) The issuance in the form set forth in this paragraph (c) of an 
identification card and credentials to any such employee shall be 
construed to be an order and direction of the Department to such 
individual to inspect and examine lands, buildings, equipment, 
accounts, records, and memorandums in accordance with the authority 
conferred on the Department by 49 U.S.C. Subtitle VII.
THE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, OFFICE OF 
THE SECRETARY OF TRANSPORTATION
[photo]
[number]
[expiration date]
IS APPOINTED
[title]

    The bearer of this credential whose name and photograph appear 
hereon is authorized to enter upon, to inspect, and examine lands, 
buildings (including airport facilities), and equipment (including 
aircraft) of air carriers and foreign air carriers, and to inspect and 
copy records and papers of air carriers, foreign air carriers and 
ticket agents, in performance of his/her duties under 49 U.S.C. 41709, 
related acts, and regulations of the Department.

BY DIRECTION OF THE SECRETARY


Sec.  240.2  [AMENDED]

0
82. Amend Sec.  240.2 as follows:
0
a. Remove the word ``Board'' and add in its place the word 
``Department''.
0
b. Remove the word ``him'' and add in its place the words ``him or 
her''.
0
c. Remove ``(a)'' and ``(b)''.
0
d. Remove the word ``he'' and add in its place the words ``he or she''.

PART 241--UNIFORM SYSTEM OF ACCOUNTS AND REPORTS FOR LARGE 
CERTIFICATED AIR CARRIERS

0
83. The authority citation for part 241 is revised to read as follows:

    Authority: 49 U.S.C. 329, 41101, 41708, and 41709.


Section 01  [REMOVED AND RESERVED]

0
84. Section 01 is removed and reserved.

0
85. In Section 03, remove the definition for ``Act'' and revise the 
definitions for ``Air transportation, charter'' and ``Route, 
certificated'' to read as follows:


Section 03  Definitions for Purposes of This System of Accounts and 
Reports.

* * * * *
    Air transportation, charter. Air transportation authorized pursuant 
to 49 U.S.C. 41102.
* * * * *
    Route, certificated. The route(s) over which an air carrier is 
authorized to provide air transportation by a Certificate of Public 
Convenience and Necessity issued by the Department of Transportation 
pursuant to 49 U.S.C. 41102. This definition is applicable to an air 
carrier issued a Certificate of Public Convenience by the Civil 
Aeronautics Board before its sunset in 1984.
* * * * *


Section 04  [AMENDED]

0
86. In Section 04(b), remove the words ``The Office of Airline 
Statistics'' and add in their place ``The Office of Airline 
Information''.


Section 12  [AMENDED]

0
87. In Section 12, under heading 77, in paragraph (b), remove the words 
``, in the absence of such action by the Civil Aeronautics Board,''.


Sec. 19-6  [AMENDED]

0
88. In Sec. 19-6(b)(2), remove the words ``Department under Title IV of 
the Federal Aviation Act of 1958, as amended,'' and add in their place 
the words ``Department under 49 U.S.C. Subtitle VII,''.

0
89. Amend Sec. 19-7 as follows:
0
a. In paragraph (a), in the last sentence, remove ``K-25'' and add in 
its place ``RTS-42''.
0
b. In appendix A, subsection I.B., in the first paragraph, revise the 
last sentence.
    The revision reads as follows:


Sec. 19-7  Passenger origin-destination survey.

* * * * *

Appendix A to Sec.  19-7--Instructions to Air Carriers for Collecting 
and Reporting Passenger Origin-Destination Survey Statistics

* * * * *
    I. * * *
    B. * * *
    * * * The authority for these instructions is found in 14 CFR 
part 241, sec. 19-7.
* * * * *


Section 21  [AMENDED]

0
90. Amend Section 21(a) as follow:
0
a. Remove the words ``subject to the Federal Aviation Act of 1958, as 
amended,''.
0
b. Remove the words ``Civil Aeronautics Board'' and add in their place 
the word ``BTS''.

0
91. Amend Section 22 as follows:
0
a. In paragraph (a), in the table entitled ``List of Schedules in the 
BTS Form 41 Report'', revise the entry for Schedule No. P-2.

[[Page 15932]]

0
b. In paragraphs (c) and (j), remove the word ``Board'' each place it 
appears and add in its place the word ``BTS''.
    The revision reads as follows:


Section 22  General Reporting Instructions.

    (a) * * *

                                                         List of Schedules in BTS Form 41 Report
                                                             [See footnotes at end of table]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 Applicability by carrier group
               Schedule No.                            Title                   Filing frequency       --------------------------------------------------
                                                                                                              I                II              III
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
P-2......................................  Notes to BTS Form 41 report.  Q...........................             (1)                X                X
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *


Section 24  [AMENDED]

0
92. In Section 24, Schedule P-5.1, in paragraph (e), remove the words 
``Board's Information Management Division'' and add in their place the 
words ``Office of Airline Information, RTS-42''.

PART 243--PASSENGER MANIFEST INFORMATION

0
93. The authority citation for part 243 continues to read as follows:

    Authority: 49 U.S.C. 40101, 40101nt., 40105, 40113, 40114, 
41708, 41709, 41711, 41501, 41702, 41712, 44909, 46301, 46310, 
46316; section 203 of Pub. L. 101-604, 104 Stat. 3066 (22 U.S.C. 
5501-5513), Title VII of Pub. L. 104-264, 110 Stat. 3213 (22 U.S.C. 
5501-5513) and Pub. L. 105-148, 111 Stat. 2681 (49 U.S.C. 41313.)


Sec.  243.11  [AMENDED]

0
94. In Sec.  243.11(c), remove the words ``Family Support Services'' 
and add in their place the words ``Transportation Disaster 
Assistance''.


Sec.  243.13  [AMENDED]

0
95. Amend Sec.  243.13(c) as follows:
0
a. Remove the words ``Dockets Facility (SVC-121.30)'' and add in their 
place the words ``Dockets Management Facility (M-90)''.
0
b. Remove the words ``by July 1, 1998, or, for covered airlines 
beginning operations after July 1, 1998,''.

PART 247--DIRECT AIRPORT-TO-AIRPORT MILEAGE RECORDS

0
96. The authority citation for part 247 continues to read as follows:

    Authority: 49 U.S.C. chapter 401.


Sec.  247.1  [AMENDED]

0
97. In Sec.  247.1, remove the words ``Titles IV and X of the Federal 
Aviation Act of 1958, as amended'' and add in their place ``49 U.S.C. 
Subtitle VII (Transportation)''.


Sec. Sec.  247.2 through 247.10  [ADDED AND RESERVED]

0
98. Add reserved Sec. Sec.  247.2 through 247.10.

PART 248--SUBMISSION OF AUDIT REPORTS

0
99. The authority citation for part 248 is revised to read as follows:

    Authority: 49 U.S.C. 329, 41102, 41708, and 41709.


Sec.  248.2  [AMENDED]

0
100. In Sec.  248.2(b), remove the words ``Board's Office of the 
Comptroller'' and add in their place the words ``Bureau of 
Transportation Statistics' (BTS) Office of Airline Information''.

PART 249--PRESERVATION OF AIR CARRIER RECORDS

0
101. The authority citation for part 249 continues to read as follows:

    Authority: 49 U.S.C. 329 and chapters 401, 411, 413, 417.


Sec. Sec.  249.6 and 249.10  [AMENDED]

0
102. In Sec. Sec.  249.6(a) and 249.10, remove ``this regulation'' and 
add in its place ``this part''.


Sec.  249.7  [AMENDED]

0
103. In Sec.  249.7(b), remove the word ``Board'' and add in its place 
the word ``Department''.


Sec.  249.9  [AMENDED]

0
104. In Sec.  249.9, remove ``these regulations'' and add its place 
``this part''.

PART 251--CARRIAGE OF MUSICAL INSTRUMENTS

0
105. The authority citation for part 251 continues to read as follows:

    Authority: 49 U.S.C. 41724.


Sec.  251.1  [AMENDED]

0
106. In Sec.  251.1, remove the definition for ``FAA''.

PART 253--NOTICE OF TERMS OF CONTRACT OF CARRIAGE

0
107. The authority citation for part 253 is revised to read as follows:

    Authority: 49 U.S.C. 40113, 40114, 41501, 41504, 41506, 41509, 
41510, 41511, 41702, and 41711.


Sec.  253.1  [AMENDED]

0
108. In Sec.  253.1, remove the words ``of this rule'' and add in their 
place ``of this part''.


Sec.  253.2  [AMENDED]

0
109. In Sec.  253.2, remove the words ``This rule'' and add in their 
place ``This part''.


Sec.  253.7  [AMENDED]

0
110. In Sec.  253.7, remove the reference ``Sec.  399.87'' and add in 
its place the reference ``Sec.  399.88''.

PART 257--DISCLOSURE OF CODE-SHARING ARRANGEMENTS AND LONG-TERM WET 
LEASES

0
111. The authority citation for part 257 continues to read as follows:

    Authority: 49 U.S.C. 40113(a) and 41712.


Sec.  257.3  [AMENDED]

0
112. Amend Sec.  257.3 as follows:
0
a. Revise the definition of ``Designator code''.
0
b. Redesignate paragraph (g) as an undesignated paragraph.

[[Page 15933]]

0
c. In the definition of ``Ticket agent'', remove ``49 U.S.C. 
40102(40)'' and add in its place ``49 U.S.C. 40102(45)''.
    The revision reads as follows:


Sec.  257.3  Definitions.

* * * * *
    Designator code means the airline designations originally allotted, 
administered, and prescribed by the Department of Transportation (DOT), 
by operation of law, pursuant to 49 U.S.C. Subtitle VII or its 
predecessor's statutory provisions still in effect by law.
* * * * *

PART 258--DISCLOSURE OF CHANGE-OF-GAUGE SERVICES

0
113. The authority citation for part 258 continues to read as follows:

    Authority: 49 U.S.C. 40113(a) and 41712.


Sec.  258.3  [AMENDED]

0
114. In Sec.  258.3(d), remove the reference ``40102(40)'' and add in 
its place the reference ``40102(a)(45)''.

PART 259--ENHANCED PROTECTIONS FOR AIRLINE PASSENGERS

0
115. The authority citation for part 259 continues to read as follows:

    Authority: 49 U.S.C. 40101(a)(4), 40101(a)(9), 40113(a), 41702, 
and 41712.


Sec.  259.4  [AMENDED]

0
116. In Sec.  259.4(d) and (f), remove ``this rule'' and add in its 
place ``this section''.

PART 271--GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING 
ESSENTIAL AIR TRANSPORTATION

0
117. The authority citation for part 271 continues to read as follows:

    Authority: 49 U.S.C. Chapters 401, 417.


0
118. In Sec.  271.2, the definition for ``Eligible place'' is revised 
to read as follows:


Sec.  271.2  Definitions.

* * * * *
    Eligible place means a place in the United States that meets the 
specified criteria outlined in 49 U.S.C. Chapter 417.
* * * * *

PART 272--[REMOVED AND RESERVED]

0
119. Part 272 is removed and reserved.

PART 291--CARGO OPERATIONS IN INTERSTATE AIR TRANSPORTATION

0
120. The authority citation for part 291 is revised to read as follows:

    Authority: 49 U.S.C. 329, 41103, 41708, and 41709.


0
121. Throughout part 291, remove the words ``of the Statute'' and add 
in their place ``of 49 U.S.C. Subtitle VII''.


Sec.  291.45  [AMENDED]

0
122. In Sec.  291.45, remove the appendix to the section.

0
123. Add appendix A to subpart E to read as follows:

Appendix A to Subpart E of Part 291--Instructions to U.S. Air Carriers 
for Reporting Traffic and Capacity Data on Schedule T-100

    (a) Format of reports--(1) Automatic Data Processing (ADP) 
magnetic tape. Refer to paragraph (d) of this appendix for 
instructions pertaining to mainframe and minicomputer reporting. The 
Department will issue ``Accounting and Reporting Directives'' to 
make necessary technical changes to these T-100 instructions. 
Technical changes which are minor in nature do not require public 
notice and comment.
    (2) Microcomputer diskette--(i) Optional specification. If an 
air carrier desires to use its personal computers (PC's), rather 
than mainframe or minicomputers to prepare its data submissions, the 
following specifications for filing data on diskette media apply.
    (ii) Reporting medium. Microcomputer ADP data submission of T-
100 information must be on IBM compatible disks. Carriers wishing to 
use a different ADP procedure must obtain written approval to do so 
from the BTS Assistant Director--Airline Information. Requests for 
approval to use alternate methods must disclose and describe the 
proposed data transmission methodology. Refer to paragraph (i) of 
this appendix for microcomputer record layouts.
    (iii) Microcomputer file characteristics. The files will be 
created in ASCII delimited format, sometimes called Data Interchange 
Format (DIF). This form of recording data provides for variable 
length fields (data elements) which, in the case of alphabetic data, 
are enclosed by quotation marks (``) and separated by a comma (,) or 
tab. Numeric data elements that are recorded without editing symbols 
are also separated by a comma (,) or tab. The data are identified by 
their juxtaposition within a given record. Therefore, each record 
must contain the exact number of data elements, all of which must be 
juxtapositionally correct. Personal computer software including most 
spreadsheets, data base management programs, and BASIC are capable 
of producing files in this format.
    (b) Filing date for reports. The reports must be received at BTS 
within 30 days following the end of each reporting period.
    (c) Address for filing. Data Administration Division, RTS-42, 
Office of Airline Information, Bureau of Transportation Statistics, 
U.S. Department of Transportation, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001.
    (d) ADP format for magnetic tape--(1) Magnetic tape 
specifications. IBM compatible 9-track EBCDIC recording. Recording 
density of 6250 or 1600 bpi. The order of recorded information is:
    (i) Volume label.
    (ii) Header label.
    (iii) Data records.
    (iv) Trailer label.
    (2) [Reserved]
    (e) External tape label information. (1) Carrier name.
    (2) Report date.
    (3) File identification.
    (4) Carrier address for return of tape reel.
    (f) Standards. It is the policy of the Department to be 
consistent with the American National Standards Institute and the 
Federal Standards Activity in all data processing and 
telecommunications matters. It is our intention that all 
specifications in this application are in compliance with standards 
promulgated by these organizations.
    (g) Volume, header, and trailer label formats--(1) Use standard 
IBM label formats. The file identifier field of the header labels 
should be ``T-100.SYSTEM''.
    (h) Magnetic tape record layouts for T-100--(1) Nonstop segment 
record layout.

----------------------------------------------------------------------------------------------------------------
                Field No.                    Positions               Mode                     Description
----------------------------------------------------------------------------------------------------------------
1.......................................               1  1T........................  Record type code (S =
                                                                                       nonstop segment).
2.......................................             2-6  5T........................  Carrier entity code.
3.......................................            7-12  6T........................  Report date (YYYYMM).
4.......................................           13-15  3T........................  Origin airport code.
5.......................................           16-18  3T........................  Destination airport code.
6.......................................              19  1T........................  Service class code (F, G,
                                                                                       L, N, P or R).
7.......................................           20-23  4T........................  Aircraft type code.
8.......................................           24-28  5N........................  Revenue departures
                                                                                       performed (F, G, L, N, P,
                                                                                       R510).
9.......................................           29-38  10N.......................  Available capacity payload
                                                                                       (lbs) (F, G, L, N, P,
                                                                                       R270).
10......................................           39-45  7N........................  Available seats (F, L,
                                                                                       N310).
11......................................           46-52  7N........................  Passengers transported (F,
                                                                                       L, N130).
12......................................           53-62  10N.......................  Rev freight transported
                                                                                       (F, G, L, N, P, R237) (in
                                                                                       lbs).

[[Page 15934]]

 
13......................................           63-72  10N.......................  Revenue mail transported
                                                                                       (F, G, L, N, P, R239) (in
                                                                                       lbs).
14......................................           73-77  5N........................  Revenue aircraft
                                                                                       departures scheduled (F,
                                                                                       G520).
15......................................           78-87  10N.......................  Rev hrs, ramp-to-ramp (F,
                                                                                       G, L, N, P, R630) (in
                                                                                       minutes).
16......................................           88-97  10N.......................  Rev hrs, airborne (F, G,
                                                                                       L, N, P, R610) (in
                                                                                       minutes).
----------------------------------------------------------------------------------------------------------------
T = Text.
N = Numeric.

    (2) On-flight market record layout.

----------------------------------------------------------------------------------------------------------------
                Field No.                    Positions               Mode                     Description
----------------------------------------------------------------------------------------------------------------
1.......................................               1  1T........................  Record type: M = on-flight
                                                                                       market record.
2.......................................             2-6  5T........................  Carrier entity code.
3.......................................            7-12  4T........................  Report date (YYYYMM).
4.......................................           13-15  3T........................  Origin airport code.
5.......................................           16-18  3T........................  Destination airport code.
6.......................................              19  1T........................  Service class code (F, G,
                                                                                       L, N, P or R).
7.......................................           20-26  7N........................  Total passengers in market
                                                                                       (F, L, N110).
8.......................................           27-36  10N.......................  Rev freight in market (F,
                                                                                       G, L, N, P, R217) (in
                                                                                       lbs).
9.......................................           37-46  10N.......................  Revenue mail in market (F,
                                                                                       G, L, N, P, R219) (in
                                                                                       lbs).
----------------------------------------------------------------------------------------------------------------
T = Text.
N = numeric.

    (i) Record layouts for microcomputer diskettes. The record 
layouts for diskette are generally identical to those shown for 
magnetic tape, with the exception that delimiters (quotation marks, 
tabs and commas) are used to separate fields. It is necessary that 
the order of fields be maintained in all records.
    (1) File characteristics. The files will be created in ASCII 
delimited format, sometimes called Data Interchange Format (DIF). 
This form of recording data provides for variable length fields 
(data elements) which, in the case of alphabetic data, are enclosed 
by quotation marks ('') and separated by a comma (,) or tab. Numeric 
data elements that are recorded without editing symbols are also 
separated by a comma (,) or tab. The data are identified by their 
juxtaposition within a given record. Therefore, it is critical that 
each record contain the exact number of data elements, all of which 
must be juxtapositionally correct. PC software including most 
spreadsheets, data base management programs, and BASIC produce 
minidisk files in this format.
    (2) File naming conventions for diskettes. For microcomputer 
reports, each record type should be contained in a separate DOS file 
on the same physical diskette. The following DOS naming conventions 
should be followed:
    (i) Record type S = SEGMENT.DAT
    (ii) Record type M = MARKET.DAT


Sec.  291.60   [AMENDED]

0
124. In Sec.  291.60(b)(2), remove the words ``Title IV of the Federal 
Aviation Act of 1958, as amended'' and add in their place the words 
``49 U.S.C. Subtitle VII (Transportation)''.

PART 294--CANADIAN CHARTER AIR TAXI OPERATORS

0
125. The authority citation for part 294 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 417.


0
126. Throughout part 294:
0
a. Remove the words ``Special Authorities Division'' and add in their 
place the words ``U.S. Air Carrier Licensing/Special Authorities 
Division''.
0
b. Remove the words ``of the Statute'' and add in their place ``of 49 
U.S.C. Subtitle VII''.
0
c. Remove the words ``of the Federal Aviation Regulations'' and add in 
their place ``of this title (the Federal Aviation Regulations)''.
0
d. Add the words ``in 14 CFR chapter I'' immediately following the 
words ``FAA regulations''.


Sec.  294.10   [AMENDED]

0
127. In Sec.  294.10, add a period at the end of paragraph (d).


Sec.  294.30   [AMENDED]

0
128. In Sec.  294.30(c), remove the words ``exemption under section 
41701'' and add in their place the words ``exemption under 49 U.S.C. 
40109''.

PART 296--INDIRECT AIR TRANSPORTATION OF PROPERTY

0
129. The authority citation for part 296 continues to read as follows

    Authority:  49 U.S.C. Chapters 401, 417.

0
130. Throughout part 296, remove the words ``of the Statute'' and add 
in their place ``of 49 U.S.C. Subtitle VII''.


Sec.  296.3   [AMENDED]

0
131. In Sec.  296.3, remove the words ``the Civil Aeronautics Board'' 
and add in their place the words ``its predecessor to the extent that 
those actions, by law, are still in effect''.

PART 297--FOREIGN AIR FREIGHT FORWARDERS AND FOREIGN COOPERATIVE 
SHIPPERS ASSOCIATIONS

0
132. The authority citation for part 297 continues to read as follows:

    Authority: 49 U.S.C. Chapters 401, 417.


0
133. Throughout part 297:
0
a. Remove the words ``Aviation Analysis'' and add in their place the 
words ``International Aviation''.
0
b. Remove the words ``Special Authorities Division'' and add in their 
place the words ``U.S. Air Carrier Licensing/Special Authorities 
Division''.
0
c. Remove the words ``of the Statute'' and add in their place ``of 49 
U.S.C. Subtitle VII''.


Sec.  297.3   [AMENDED]

0
134. In Sec.  297.3(b), remove the words ``bona fide asociation'' and 
add in their place the words ``bona fide association''.

PART 298--EXEMPTIONS FOR AIR TAXI AND COMMUTER AIR CARRIER 
OPERATIONS

0
135. The authority citation for part 298 continues to read as follows:

    Authority: 49 U.S.C. 329 and chapters 401, 411, and 417.


0
136. Throughout part 298, remove the words ``of the Statute'' and add 
in their place the words ``of 49 U.S.C. Subtitle VII''.
0
137. Amend Sec.  298.2 as follows:
0
a. The definition for ``Eligible place'' is revised.
0
b. In the definitions for ``Maximum payload capacity'' and ``Nonrevenue 
passenger'', add the words ``in 14 CFR

[[Page 15935]]

chapter I'' immediately following the words ``FAA regulations''.
0
c. Remove the definition for ``Statute''.
    The revision reads as follows:


Sec.  298.2   Definitions.

* * * * *
    Eligible place means a place in the United States that meets the 
specified criteria outlined in 49 U.S.C. Chapter 417.
* * * * *


Sec.  298.21   [AMENDED]

0
138. Amend Sec.  298.21 as follows:
0
a. In paragraph (a), remove the words ``Program Management Branch'' and 
add in their place the words ``Technical Programs Branch''.
0
b. In footnote 6 to paragraph (c)(1), remove the words ``Program 
Management Branch, Federal Aviation Administration, AFS-260, or on the 
World Wide Web at https://www.faa.gov/avr/afs/afs200/afs260/Part298.cfm'' and add in their place the words ``Technical Programs 
Branch, Federal Aviation Administration, AFS-260 at (202) 267-8166, or 
on the internet at https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/afx/afs/afs200/afs260/exemptions/''.
0
c. In paragraph (d), in the first sentence, remove the words ``Program 
Management Branch (AFS-260), 800 Independence Avenue SW, Washington, DC 
20591'' and add in their place the words ``Technical Programs Branch 
(AFS-260), 800 Independence Avenue SW, Room 831, Washington, DC 
20591''.


Sec.  298.23   [AMENDED]

0
139. Amend Sec.  298.23(b) as follows:
0
a. Remove the words ``Program Management Branch (AFS-260), 800 
Independence Avenue SW, Washington, DC 20591'' and add in their place 
the words ``Technical Programs Branch (AFS-260), 800 Independence 
Avenue SW, Room 831, Washington, DC 20591''.
0
b. Remove the words ``Alaskan Region Headquarters (AAL-230), 222 West 
7th Avenue, Box 14, Anchorage, Alaska 99513'' and add in their place 
the words ``Alaskan Region Headquarters Technical Standards Branch, 
(AAL-231), 222 West 7th Avenue, Box 14, Anchorage, Alaska 99513''.

0
140. Amend Sec.  298.50 as follows:
0
a. Revise paragraph (a)(3).
0
b. In paragraph (b), remove the words ``Department of Transportation 
Dockets,'' and add in their place the words ``Docket Operations Office, 
U.S. Department of Transportation,''.
    The revision reads as follows:


Sec.  298.50   Application.

    (a) * * *
    (3) A $670 filing fee submitted in accordance with the provisions 
of Sec.  389.21 of this chapter.
* * * * *

0
141. In Sec.  298.60, revise paragraph (a) to read as follows:


Sec.  298.60   General reporting instruction.

    (a) Each commuter air carrier and each small certificated air 
carrier shall file with the Department's Bureau of Transportation 
Statistics (BTS) the applicable schedules of BTS Form 298-C, ``A Report 
of Financial and Operating Statistics for Small Aircraft Operators'', 
and Schedule T-100, ``U.S. Air Carrier Traffic and Capacity Data by 
Nonstop Segment and On-Flight Market'', as required by this section.
* * * * *


Sec.  298.61   [AMENDED]

0
142. Amend Sec.  298.61 as follows:
0
a. In paragraph (a), remove the words ``AU.S. Air Carrier Traffic and 
Capacity Data by Nonstop Segment and On-Flight Market.'' '' and add in 
their place the words ``U.S. Air Carrier Traffic and Capacity Data by 
Nonstop Segment and On-Flight Market.''
0
b. In paragraph (b), remove the reference ````298.60'' and add in its 
place ``Sec.  298.60''.
0
c. In paragraph (e)(2), remove the organizational code ``K-14'' and add 
in its place ``RTS-42''.


Sec.  298.70   [AMENDED]

0
143. In Sec.  298.70(d)(2), remove the words ``Title IV of the Federal 
Aviation Act of 1958, as amended'' and add in their place the words 
``49 U.S.C. Subtitle VII (Transportation)''.

PART 300--RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER

0
144. The authority citation for part 300 continues to read as follows:

    Authority:  49 U.S.C. subtitle I and chapters 401, 411, 413, 
415, 417, 419, 421, 449, 461, 463, and 465.


Sec.  300.0a   [REMOVED]

0
145. Remove Sec.  300.0a.


Sec.  300.2   [AMENDED]

0
146. In Sec.  300.2(c)(5), remove the words ``this rule'' and add in 
their place the words ``this section''.


Sec.  300.3   [AMENDED]

0
147. Amend Sec.  300.3 as follows:
0
a. In paragraph (b)(1), remove ``(DMS)'' and add in its place ``(https://www.regulations.gov)'' and remove the words ``and Media Management.''
0
b. In paragraph (b)(3), remove ``https://dms.dot.gov'' and add in its 
place ``www.regulations.gov''.
0
c. In paragraph (c)(1), remove the words ``and Media Management.''

0
148. Amend Sec.  300.4 as follows:
0
a. In paragraph (c), remove the reference ``paragraph (a)'' and in its 
place add the reference ``paragraph (b) of this section''.
0
b. Revise paragraph (d).
    The revision reads as follows:


Sec.  300.4   Separation of functions in hearing cases.

* * * * *
    (d) In enforcement cases, the Office of the Assistant General 
Counsel for Aviation Enforcement and Proceedings, under the supervision 
of the career Deputy General Counsel and the General Counsel, will 
conduct all enforcement proceedings and related investigative 
functions, while the non-career Deputy General Counsel will advise the 
DOT decisionmaker in the course of the decisional process. The Office 
of the Assistant General Counsel for Aviation Enforcement and 
Proceedings will report to the career Deputy General Counsel and the 
General Counsel. To ensure the independence of these functions, this 
Office and the General Counsel, for the purpose of this section, shall 
be considered an ``office'' as that term is used in paragraph (b) of 
this section, separate from the non-career Deputy General Counsel and 
the rest of the Office of the General Counsel.


Sec. Sec.  300.8, 300.9, 300.10, 300.10a, 300.11, 300.12, 300.13, and 
300.14   [REMOVED]

0
149. Remove Sec. Sec.  300.8, 300.9, 300.10, 300.10a, 300.11, 300.12, 
300.13, and 300.14.


Sec.  300.15   [REDESIGNATED AS Sec.  300.8 AND AMENDED]

0
150. Redesignate Sec.  300.15 as Sec.  300.8 and amend newly 
redesignated Sec.  300.8 by removing paragraph (b) and redesignating 
paragraph (a) as an undesignated paragraph.


Sec.  300.16   [REMOVED]

0
151. Remove Sec.  300.16.


Sec. Sec.  300.17   through 300.20 [REDESIGNATED AS Sec. Sec.  300.9 
through 300.12]

0
152. Redesignate Sec. Sec.  300.17 through 300.20 as Sec. Sec.  300.9 
through 300.12, respectively.

PART 302--RULES OF PRACTICE IN PROCEEDINGS

0
153. The authority citation for part 302 is revised to read as follows:

    Authority:  39 U.S.C. 5402; 42 U.S.C. 4321, 49 U.S.C. Subtitle I 
and Chapters 401, 411, 413, 415, 417, 419, 461, 463, and 471.


0
154. Throughout part 302, remove the words ``of the Statute'' and add 
in their

[[Page 15936]]

place the words ``of 49 U.S.C. Subtitle VII''.


Sec.  302.2   [Amended]

0
155. In Sec.  302.2, remove the definition for ``Statute''.


Sec.  302.3   [AMENDED]

0
156. Amend Sec.  302.3 as follows:
0
a. In paragraph (a)(1), remove the words ``the DOT Dockets Management 
System (DMS) internet website'' and add in their place ``https://www.regulations.gov''.
0
b. In paragraph (c), remove the words ``the specified DOT DMS internet 
website'' and add in their place ``https://www.regulations.gov''.
0
c. In paragraph (d)(1)(ii), remove the words ``the DOT DMS internet 
website'' and add in their place ``https://www.regulations.gov''.


Sec.  302.4   [AMENDED]

0
157. In Sec.  302.4, remove the words ``the DOT DMS internet website'' 
each place they appear and add in their place ``https://www.regulations.gov''.


Sec.  302.7   [AMENDED]

0
158. In Sec.  302.7, remove ``Sec.  302.4(a)(2)(iv)'' each place it 
appears and add in its place ``Sec.  302.4(a)(2)(i)(D)''.

0
159. In Sec.  302.24, paragraphs (g)(1)(iii) through (vi), (viii), 
(xii), and (xiv) through (xx) and (g)(2) and (3) are revised to read as 
follows:


Sec.  302.24   Evidence.

* * * * *
    (g) * * *
    (1) * * *
    (iii) Reports of Traffic and Financial Data of all U.S. Air 
Carriers issued by the Department or by its predecessor.
    (iv) Airline Traffic Surveys and Passenger Origin-Destination 
Surveys, Domestic or International, compiled by the Department or its 
predecessor and published and/or made available either to the public or 
to parties in proceedings.
    (v) Compilations of data relating to competition in the airline 
industry and made available to the public by the Department or its 
predecessor.
    (vi) Passenger, mail, express, and freight data submitted to the 
Department and its predecessor as part of ER-586 Service Segment Data 
by U.S. carriers, or similar data submitted to the Department by U.S. 
air carriers (T-100) or (T-100F) that are not confidential.
* * * * *
    (viii) Service Mail Pay and Subsidy for U.S. Certificated Air 
Carriers published by the Department or its predecessor, including any 
supplemental data and subsequent issues published by the Department or 
its predecessor.
* * * * *
    (xii) Chart Supplements, issued by the FAA.
* * * * *
    (xiv) Monthly, quarterly and annual reports of the Immigration and 
Naturalization Service, U.S. Department of Justice.
    (xv) All forms and reports required by the U.S. Postal Service to 
be filed by air carriers authorized to transport mail.
    (xvi) All orders of the Postmaster General designating schedules 
for the transportation of mail.
    (xvii) Publications of the Bureau of the Census of the U.S. 
Department of Commerce (DOC) relating, but not necessarily limited, to 
population, manufacturing, business, statistics, and any yearbooks, 
abstracts, or similar publications published by DOC.
    (xviii) All Official Airline Guides, including the North American, 
Worldwide, All-Cargo and quick reference editions, including electronic 
versions.
    (xix) Official Railways Guide and Russell's Official National Motor 
Coach Guide.
    (xx) The Rand McNally Commercial Atlas and Marketing Guide, and the 
Rand McNally Road Atlas, United States, Canada, and Mexico.
* * * * *
    (2) Any fact contained in a document belonging to a category 
enumerated in paragraph (g)(1) of this section shall be deemed to have 
been physically incorporated into and made part of the record in such 
proceedings. However, such taking of official notice shall be subject 
to the rights granted to any party or intervener to the proceeding 
under section 7(d) of the Administrative Procedure Act (5 U.S.C. 
557(d)).
    (3) The decisions of the Department and its administrative law 
judges may officially notice any appropriate matter without regard to 
whether or not such items are contained in a document belonging to the 
categories enumerated in paragraph (g)(1) of this section. However, 
where the decision rests on official notice of a material fact or 
facts, it will set forth such items with sufficient particularity to 
advise interested persons of the matters that have been noticed.
* * * * *

0
160. Throughout subpart D, remove the word ``Deputy'' wherever it 
appears.


Sec.  302.401   [AMENDED]

0
161. In Sec.  302.401, remove the words ``Subtitle VII of''.

0
162. In Sec.  302.603, paragraph (b) is revised to read as follows:


Sec.  302.603   Contents of complaint or request for determination.

* * * * *
    (b) All exhibits and briefs prepared on electronic spreadsheet or 
word processing programs should be accompanied by standard-format 
electronic media containing those submissions. Parties should submit 
three copies the electronic media to Department of Transportation 
Dockets Operations Office: One copy for the docket, one copy for the 
Office of Hearings, and one copy for the Office of Aviation Analysis. 
Filers should ensure that files on the electronic media are unalterably 
locked.
* * * * *

PART 303-- REVIEW OF AIR CARRIER AGREEMENTS

0
163. The authority citation for part 303 continues to read as follows:

    Authority: 49 U.S.C. chapters 401, 413, 417.


0
164. Section 303.01 is revised to read as follows:


Sec.  303.01   Purpose.

    This part sets forth the procedures by which applications may be 
made to the Department of Transportation under 49 U.S.C. 41308 and 
41309 and procedures governing proceedings to enforce these provisions. 
These procedures supplement the rules described in part 302 of this 
chapter, which also apply to the review of air carrier agreements.

0
165. Section 303.02 is revised to read as follows:


Sec.  303.02   Definitions.

    (a) The term Assistant Secretary means the Assistant Secretary for 
Aviation and International Affairs, or as delegated. As provided in 49 
CFR 1.21, the Secretary or Deputy Secretary may exercise any authority 
in lieu of the Assistant Secretary under the provisions of this part.
    (b) The term documents means:
    (1) All written, recorded, transcribed or graphic matter including 
letters, telegrams, memoranda, reports, studies, forecasts, lists, 
directives, tabulations, logs, or minutes and records of meetings, 
conferences, telephone or other conversations or communications; and
    (2) All information contained in data processing equipment or 
materials. The term does not include daily or weekly statistical 
reports in whose place an annual or monthly summary is submitted.

[[Page 15937]]

    (c) The term hearing means either a show-cause proceeding as 
provided in Sec.  303.44 or a full evidentiary hearing as provided in 
Sec.  303.45, whichever is determined by the Assistant Secretary to be 
appropriate.
    (d)-(g) [Reserved]
    (h) The term Section 41309 transaction means any contract, 
agreement or discussion of a cooperative working arrangement within the 
scope of 49 U.S.C. 41309.
    (i) [Reserved]

0
166. Section 303.03 is revised to read as follows:


Sec.  303.03   Requirement to file application.

    A person who seeks approval of a section 41309 transaction must 
file the application with the Docket Operations Office, M-30, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 
20590, or by electronic submission at https://www.regulations.gov. The 
application must conform to the requirements set forth in Sec. Sec.  
303.04 and 303.05.

0
167. Amend Sec.  303.04 as follows:
0
a. In paragraph (a), remove the words ``these regulations'' and add in 
their place the words ``this part''.
0
b. Revise paragraph (i).
    The revision reads as follows:


Sec.  303.04   General rules governing application content, procedure 
and conditions of approval.

* * * * *
    (i) The person submitting the application to the Department shall 
send a complete copy of the application to the Chief, Transportation 
Section, Antitrust Division of the Department of Justice, at the same 
time as it is filed with the Docket Operations Office.
* * * * *

0
168. Section 303.05(a) is revised to read as follows:


Sec.  303.05   Applications requesting antitrust immunity.

    (a) Each application must state explicitly whether or not the 
applicant seeks antitrust immunity under the provisions of 49 U.S.C. 
41308. If antitrust immunity is requested, the application should 
specify whether the applicant seeks full immunity or immunity only from 
the provisions of sections 4, 4a and 4c of the Clayton Act, 15 U.S.C. 
15, 15a, 15c. Each application seeking antitrust immunity shall contain 
a statement explaining why the applicant believes immunity is in the 
public interest and necessary in order for the transaction to proceed.
* * * * *

0
169. Section 303.06 is revised to read as follows:


Sec.  303.06   Review of antitrust immunity.

    The Assistant Secretary may initiate a proceeding to review any 
antitrust immunity previously conferred by the Department's predecessor 
or the Department in any section 41309 transaction. The Assistant 
Secretary may terminate or modify such immunity if the Assistant 
Secretary finds after notice and hearing that the previously conferred 
immunity is not consistent with the provisions of section 41308. In any 
proceeding to review such immunity, the proponents of the immunity 
shall have the burden of justifying the continuation of previously 
conferred immunity under the provisions of section 41308.

0
170. Section 303.07 is revised to read as follows:


Sec.  303.07   Transitional rule.

    If a section 41309 application or a request for antitrust immunity 
under section 41308 is pending on May 16, 2019, such application or 
request shall be deemed made pursuant to the provisions of this part as 
amended May 16, 2019.

0
171. The heading of subpart D is revised to read as follows:

Subpart D--Section 41309 Applications

0
172. In Sec.  303.30, the introductory text and paragraph (c) are 
revised to read as follows:


Sec.  303.30  General provisions concerning contents of applications.

    A section 41309 application shall contain the following general 
information:
* * * * *
    (c) If the contract, agreement or request for authority to discuss 
a cooperative working arrangement is evidenced by a resolution or other 
action of an air carrier association, the application shall contain the 
resolution or other action and a certification by an authorized 
employee of the association that the resolution or other action was 
duly adopted on a certain date. The authorized employee shall also 
specify in such certification the name of each air carrier that 
concurred in such resolution or other action and the name of each air 
carrier member that did not concur.

0
173. Section 303.31 is revised to read as follows:


Sec.  303.31   Justification for the application.

    A section 41309 application shall explain the nature and purpose of 
the contract, agreement or request to discuss a cooperative working 
arrangement and describe how it changes any price, rule, or practice 
existing under a previously approved application. The application also, 
consistent with Department of Transportation and the precedent of DOT's 
predecessor, shall contain factual material, documentation, and 
argument in support of the application. Economic analyses, when 
required, shall include full explanatory details, including data 
sources and allocation methods. If the applicants intend to rely upon 
market data sources, other than those available to the public by the 
Department, the complete market data shall be included with the 
application at the time of filing. If the applicants intend to rely on 
public benefits to justify approval, they shall describe these 
benefits, including foreign policy and comity considerations.


Sec.  303.32   [AMENDED]

0
174. In Sec.  303.32(a), remove ``412 application'' and add in its 
place ``41309 application''.

0
175. In Sec.  303.42, paragraph (a) is revised to read as follow:


Sec.  303.42   Comments on application.

    (a) Unless a different comment period is specified by notice or 
order, or in a notice of filing published in the Federal Register, any 
person may file comments, responses to the application, and/or a 
request for a hearing, within 21 days of the filing of an application.
* * * * *


Sec.  303.43   [AMENDED]

0
176. In Sec.  303.43(b), remove ``412 application'' each place it 
appears and add in its place ``41309 application''.


Sec.  303.45   [AMENDED]

0
177. In Sec.  303.45(c), remove the words ``these regulations'' and add 
in their place ``this part''.

PART 305--RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS

0
178. The authority citation for part 305 continues to read as follows:

    Authority: 49 U.S.C. chapters 401, 417, 461; 5 U.S.C. 555, 556.


0
179. Throughout part 305, remove the word ``Deputy'' wherever it 
appears.


Sec.  305.1   [AMENDED]

0
180. In Sec.  305.1, remove ``Title IV or sections 101(3), 1002, 1003, 
or 1108(b) of the Act'' and add in its place ``49 U.S.C. Subtitle VII, 
Chapter 411 or 49 U.S.C. 40102(2), 41502, 41507, 41508, 41509, 41702, 
41703, or 46101''.

0
181. Section 305.7(b) is revised to read as follows:

[[Page 15938]]

Sec.  305.7   Issuance of investigation subpenas.

* * * * *
    (b) Witnesses subpoenaed to appear shall be paid the fees and 
mileage prescribed in Sec.  302.27(c) of the Rules of Practice (14 CFR 
302.27(c)). Service of such subpoenas shall be made in accordance with 
the provisions of Sec.  302.7 of the Rules of Practice (14 CFR 302.7).


Sec.  305.10   [AMENDED]

0
182. In Sec.  305.10, add the words ``of this chapter'' immediately 
following ``302.12''


Sec.  305.11   [AMENDED]

0
183. Amend Sec.  305.11 as follows:
0
a. Remove the words ``, and any documentary evidence obtained in the 
investigation will be returned to the persons who produced it''.
0
b. Remove the words ``of the Rules of Practice'' and add in their place 
the words ``of this chapter (the Rules of Practice)''.

PART 313--IMPLEMENTATION OF THE ENERGY POLICY AND CONSERVATION ACT

0
184. The authority citation for part 313 continues to read as follows:

    Authority:  42 U.S.C. 6362(b), 49 U.S.C. Chapter 401.


0
185. Throughout part 313, remove the words ``of the Statute'' and add 
in their place the words ``of 49 U.S.C. Subtitle VII''.


Sec.  313.3   [AMENDED]

0
186. Remove Sec.  313.3(e).

PART 323--TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE

0
187. The authority citation for part 323 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 411, 417.


0
188. Throughout part 323, remove the words ``of the Statute'' and add 
in their place the words ``of 49 U.S.C. Subtitle VII''.


Sec.  323.2   [AMENDED]

0
189. In Sec.  323.2, the definitions for ``Certificated carrier'' and 
``Eligible place'' are revised and the definitions for ``FAA'' and 
``Statute'' are removed to read as follows:


Sec.  323.2   Definitions.

* * * * *
    Certificated carrier means a direct air carrier holding authority 
to provide air transportation granted by the Department in the form of 
a certificate of public convenience and necessity under 49 U.S.C. 41102 
(Transportation) or an all-cargo air transportation certificate to 
perform all-cargo air transportation under 49 U.S.C. 41103.
    Eligible place means a place in the United States that meets the 
specified criteria outlined in 49 U.S.C. Chapter 417.
* * * * *

PART 325--ESSENTIAL AIR SERVICE PROCEDURES

0
190. The authority citation for part 325 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 417.


0
191. Throughout part 325, remove the words ``point'' and ``points'' and 
add in their place ``place'' and ``places'', respectively.


Sec.  325.1   [AMENDED]

0
192. In Sec.  325.1, remove the words ``under section 419 of the Act'' 
and add in their place ``under 49 U.S.C. 41732''.

0
193. Section 325.2 is revised to read as follows:


Sec.  325.2   Applicability.

    This part applies to essential air service determinations for 
communities designated as eligible under 49 U.S.C. 41731 and to 
eligible place designations and essential air service determinations 
for communities that qualify under 49 U.S.C. 41732 and 41733. It 
applies to the gathering of data by the Department, and to the 
participation of State, local, and other officials and other interested 
persons in the designation and determination processes.
    Note to Sec.  325.2: Criteria for designating eligible points under 
section 419(b) are contained in part 270 of this chapter. Guidelines 
for deciding essential air service levels are contained in part 398 of 
this chapter.

0
194. Section 352.3 is revised to read as follows:


Sec.  325.3   Definitions.

    As used in this part, eligible place means a place in the United 
States that meets the specified criteria outlined in 49 U.S.C. Chapter 
417.


Sec.  325.4   [AMENDED]

0
195. Amend Sec.  325.4 as follows:
0
a. In paragraph (a) introductory text, remove the words ``section 
419(b) of the Act'' and add in their place the words ``49 U.S.C. 
41731''.
0
b. In paragraph (a)(1), remove the words ``section 401 certificate'' 
each place it appears and add in their place the words ``section 41102 
certificate''.
0
c. In paragraph (b):
0
i. Remove the words ``Documentary Services Division'' and add in their 
place the words ``Docket Operations Office''.
0
ii. Remove the words ``section 419(f) of the Act'' and add in their 
place ``49 U.S.C. 41737''.
0
d. In paragraph (c), remove the words ``Documentary Services Division'' 
and add in their place the words ``Docket Operations Office''.

0
196. Section 325.5 is revised to read as follows:


Sec.  325.5   Determinations and designations.

    DOT will issue a determination of the essential level of air 
service for a place within 6 months after each of the following events:
    (a) A notice is received that service to an eligible place will be 
reduced to only one carrier that holds a section 41102 certificate;
    (b) A place is designated as an eligible place under 49 U.S.C. 
41731 and either paragraph (c) or (d) of this section or Sec.  
325.7(e); or
    (c) A review was conducted of essential air service of that place 
under Sec.  325.6.


Sec.  325.6   [AMENDED]

0
197. In Sec.  325.6(c), remove the words ``under section 419(b) of a 
community as an eligible place to determine whether that place 
continues'' and add in their place the words ``under 49 U.S.C. 41733 to 
determine whether the community designated as an eligible place 
continues''.

PART 330 [REMOVED AND RESERVED]

0
198. Part 330 is removed and reserved.

PART 372--OVERSEAS MILITARY PERSONNEL CHARTERS

0
199. The authority citation for part 372 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 411, 413, 417.


0
200. Throughout part 372, remove the words ``of the Statute'' and add 
in their place the words ``of 49 U.S.C. Subtitle VII''.


Sec.  372.2   [AMENDED]

0
201. In Sec.  372.2, remove the definition of ``Statute''.


Sec.  372.3   [AMENDED]

0
202. In Sec.  372.3, remove ``this regulation'' and add in its place 
``this part''.


Sec.  372.30   [AMENDED]

0
203. Amend Sec.  372.30 as follows:
0
a. In paragraph (a) introductory text, remove the words ``Office of 
Aviation

[[Page 15939]]

Analysis'' and add in their place the words ``Office of International 
Aviation''.
0
b. In paragraph (a)(9), remove the word ``applicant'' and add in its 
place the word ``applicants''.

0
204. Revise appendix A to part 372 to read as follows:

Appendix A to Part 372--Overseas Military Personnel Charter Operator's 
Surety Bond Under Part 372 of the Regulations of the Department of 
Transportation (14 CFR Part 372)

    Know all persons by these presents, that we ___ (name of charter 
operator) of ___ (address) as Principal (hereinafter called 
``Principal''), and ___ (name of surety) a corporation created and 
existing under the laws of the State of ___ (State) as Surety 
(hereinafter called ``Surety'') are held and firmly bound unto the 
United States of America in the sum of ___ (see Sec.  372.24(a), 14 
CFR part 372) for which payment, well and truly to be made, we bind 
ourselves and our heirs, executors, administrators, successors, and 
assigns, jointly and severally firmly by these presents.
    Whereas Principal is an overseas military personnel charter 
operator pursuant to the provisions of part 372 of the Department's 
regulations and other rules and regulations of the Department 
relating to security for the protection of charter participants, and 
has elected to file with the Department of Transportation such a 
bond as will insure financial responsibility with respect to all 
monies received from charter participants for services in connection 
with overseas military personnel charters to be operated subject to 
part 372 of the Department's Special Regulations in accordance with 
contracts, agreements, or arrangements therefor, and
    Whereas this bond is written to assure compliance by Principal 
as an authorized charter operator with part 372 of the Department's 
regulations, and other rules and regulations of the Department 
relating to security for the protection of charter participants, and 
shall inure to the benefit of any and all charter participants to 
whom Principal may be held legally liable for any damages herein 
described.
    Now, therefore, the condition of this obligation is such that if 
Principal shall pay or cause to be paid to charter participants any 
sum or sums for which Principal may be held legally liable by reason 
of Principal's failure faithfully to perform, fulfill and carry out 
all contracts, agreements, and arrangements made by Principal while 
this bond is in effect with respect to the receipt of moneys from 
charter participants, and proper disbursement thereof pursuant to 
and in accordance with the provisions of part 372 of the 
Department's regulations, then this obligation shall be void, 
otherwise to remain in full force and effect.
    The liability of Surety with respect to any charter participant 
shall not exceed the charter price paid by or on behalf of such 
participant.
    The liability of Surety shall not be discharged by any payment 
or succession of payments hereunder, unless and until such payment 
or payments shall amount in the aggregate to the penalty (face 
amount) of the bond, but in no event shall Surety's obligation 
hereunder exceed the amount of said penalty.
    Surety agrees to furnish written notice to the Office of 
International Aviation, Department of Transportation, forthwith of 
all suits or claims made and judgments rendered, and payments made 
by Surety under this bond.
    This bond shall cover the following Charters: \1\
---------------------------------------------------------------------------

    \1\ These data may be supplied in an addendum attached to the 
bond.
---------------------------------------------------------------------------

Surety company's bond No.----------------------------------------------
Date of flight departure-----------------------------------------------
Place of flight departure----------------------------------------------
    This bond is effective on the ___ of ___, 20___, 12:01 a.m., 
standard time at the address of Principal as stated herein and as 
hereinafter provided. Principal or Surety may at any time terminate 
this bond by written notice to: U.S. Air Carrier Licensing/Special 
Authorities Division, Office of International Aviation, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, 
DC 20590, such termination to become effective thirty (30) days 
after the actual receipt of said notice by the Department. Surety 
shall not be liable hereunder for the payment of any damages 
hereinbefore described which arise as a result of any contracts, 
agreements, undertakings, or arrangements for the supplying of 
transportation and other services made by Principal after the 
termination of this bond as herein provided, but such termination 
shall not affect the liability of the bond hereunder for the payment 
of any damages arising as a result of contracts, agreements, or 
arrangements for the supplying of transportation and other services 
made by Principal prior to the date that such termination becomes 
effective. Liability of Surety under this bond shall in all events 
be limited only to a charter participant or charter participants who 
shall within sixty (60) days after the termination of the particular 
charter described herein give written notice of claim to the charter 
operator or, if it is unavailable, to Surety, and all liability on 
this bond shall automatically terminate sixty (60) days after the 
termination date of each particular charter covered by this bond 
except for claims made in the time provided herein.
    In witness whereof, the said Principal and Surety have executed 
this instrument on the ___ day of ___, ___.

PRINCIPAL

Name-------------------------------------------------------------------
By: Signature and title------------------------------------------------
Witness----------------------------------------------------------------

SURETY

Name-------------------------------------------------------------------
By: Signature and title------------------------------------------------
Witness----------------------------------------------------------------
    Only corporations may qualify to act as surety and they must 
meet the requirements set forth in Sec.  372.24(c) of part 372.

PART 374--IMPLEMENTATION OF THE CONSUMER CREDIT PROTECTION ACT WITH 
RESPECT TO AIR CARRIERS AND FOREIGN AIR CARRIERS

0
205. The authority citation for part 374 is revised to read as follows:

    Authority:  15 U.S.C. 1601-1693r; 49 U.S.C., Subtitle VII; and 
12 CFR parts 1002 and 1026.


Sec.  374.3   [AMENDED]

0
206. Amend Sec.  374.3(b) as follows:
0
a. Remove ``12 CFR part 202'' and add in its place ``12 CFR part 
1002''.
0
b. Remove ``12 CFR part 226'' and add in its place ``12 CFR part 
1026''.

PART 374a--EXTENSION OF CREDIT BY AIRLINES TO FEDERAL POLITICAL 
CANDIDATES

0
207. The authority citation for part 374a continues to read as follows:

    Authority:  49 U.S.C. chapters 401, 411, 415, 417.


0
208. Section 374a.1 is revised to read as follows:


Sec.  374a.1   Purpose.

    The purpose of this part is to issue rules pursuant to the Federal 
Election Campaign Act of 1971, as amended, in accordance with the 
Department's responsibility thereunder.


Sec.  374a.2   [AMENDED]

0
209. In Sec.  374a.2, remove ``This regulation'' and add in its place 
``this part''.


Sec.  374a.3   [AMENDED]

0
210. In Sec.  374a.3, in the definition of ``Air carrier'', remove the 
words ``section 401 of the Federal Aviation Act of 1958, as amended'' 
and add in their place the words ``49 U.S.C. 41102''.

0
211. Section 374a.5 is revised to read as follows:


Sec.  374a.5   Exemption authority.

    Air carriers are exempt from the following provisions of 49 U.S.C. 
Subtitle VII:
    (a) Section 41510.
    (b) Section 41310, and any and all other provisions of 49 U.S.C. 
Subtitle VII, to the extent necessary to enable air carriers to comply 
with the provisions of this part.

PART 375--NAVIGATION OF FOREIGN CIVIL AIRCRAFT WITHIN THE UNITED 
STATES

0
212. The authority citation for part 375 continues to read as follows:

    Authority:  49 U.S.C. 40102, 40103, and 41703.

[[Page 15940]]

Sec.  375.1   [AMENDED]

0
213. Amend Sec.  375.1 as follows:
0
a. Remove the definition for ``Act''.
0
b. In the definition for ``Air transportation'', remove the words 
``(see section 101 (10) and (23) of the Federal Aviation Act, 49 U.S.C. 
1301)'' and add in their place ``(see 49 U.S.C. 40102 (a)(5) and 
(a)(24))''.
0
c. In the definition for ``Exemption'', remove the words ``under 
section 416(b) of the Act'' and add in their place ``under 49 U.S.C. 
40109''.
0
d. In the definition for ``Foreign air carrier permit'', remove the 
words ``section 402 of the Act'' and add in their place ``49 U.S.C. 
41301''.
0
e. In the definition for ``Foreign aircraft permit'', remove the words 
``section 1108(b) of the Act'' and add in their place the words ``49 
U.S.C. 41703''.


Sec.  375.19   [AMENDED]

0
214. In Sec.  375.19, remove the words ``section 1108(b) of the Act'' 
each place it appears and add in their place ``49 U.S.C. 41703''.


Sec.  375.22   [AMENDED]

0
215. In Sec.  375.22, add ``in 14 CFR chapter I'' immediately following 
``Federal Aviation Administration''.


Sec.  375.33   [AMENDED]

0
216. In Sec.  375.33, remove the word ``safey'' and add in its place 
the word ``safety''.


Sec.  375.35   [AMENDED]

0
217. In Sec.  375.35(a)(2), remove the words ``section 402 permit'' and 
add in their place the words ``section 41301 permit''.

0
218. Amend Sec.  375.43 as follows:
0
a. Revise paragraph (a).
0
b. In paragraph (e)(1), remove the words ``Aviation Operations'' and 
add in their place the words ``International Aviation''.
    The revision reads as follows:


Sec.  375.43   Application for foreign aircraft permit.

    (a) Applications for foreign aircraft permits shall be submitted on 
OST Form 4509 (see appendix A to this part), in duplicate, addressed to 
the Chief, Foreign Air Carrier Licensing Division, X-45, Office of 
International Aviation. Applications should be submitted by email; see 
``Application Procedures under Part 375'' at www.transportation.gov/policy/aviation-policy/licensing/foreign-carriers.
* * * * *


Sec.  375.50   [AMENDED]

0
219. Amend Sec.  375.50 as follows:
0
a. In paragraph (b), remove the words ``Chief, Discrete Operations 
Branch, Licensing Division, P-45, Office of Aviation Operations'' and 
add in their place the words ``Chief, Foreign Air Carrier Licensing 
Division, X-45, Office of International Aviation''.
0
b. In paragraph (e), remove the words ``section 1108(b) of the Act'' 
and add in their place ``49 U.S.C. 41703''.
0
c. In paragraph (h):
0
i. Remove the words ``Federal Aviation Act'' and add in their place 
``49 U.S.C. Subtitle VII''.
0
ii. Remove the words ``section 402 or 416(b) of the Act'' and add in 
their place ``49 U.S.C. 41301 or 41709''.

0
220. Section 375.60 is revised to read as follows:


Sec.  375.60   Penalties.

    The operation of a foreign aircraft within the United States or 
over adjacent territorial waters in violation of the provisions of this 
part constitutes a violation of 49 U.S.C. Subtitle VII and of this 
chapter, and may, in addition, constitute a violation of the rules of 
the Federal Aviation Administration. Such operation makes the person or 
persons responsible for the violation or violations subject to a civil 
penalty as provided in 49 U.S.C. 46301, and to the alteration, 
amendment, modification, suspension or revocation of any permit issued 
under this part and of any U.S. certificate involved as provided in 49 
U.S.C. 44709. Engaging in air transportation as defined in 49 U.S.C. 
Subtitle VII by a foreign aircraft without a foreign air carrier permit 
issued pursuant to 49 U.S.C. 41301 or an exemption, or in violation of 
the terms of such authority constitutes not only a violation of this 
part but of Title 49, subtitle VII, as well, which entails a criminal 
penalty as set forth in 49 U.S.C. 46316.

PART 377--CONTINUANCE OF EXPIRED AUTHORIZATIONS BY OPERATION OF LAW 
PENDING FINAL DETERMINATION OF APPLICATIONS FOR RENEWAL THEREOF

0
221. The authority citation for part 377 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 461; 5 U.S.C. 558, 559.


Sec.  377.1   [AMENDED]

0
222. In Sec.  377.1, in the definition for ``Authorization'', remove 
the words ``sections 101(3), 401, 402, 408, 409, 412 and 416 of the 
Federal Aviation Act of 1958, as amended'' and add in their place ``49 
U.S.C. 40102, 41102, 41302, 41309, and 41708''.


Sec. Sec.  377.2, 377.3, 377.4, 377.5, 377.10 and 377.11   [AMENDED]

0
223. In Sec. Sec.  377.2, 377.3, 377.4, 377.5, 377.10, and 377.11, 
remove the word ``Board'' each place it appears and add in its place 
the word ``Department''.


Sec. Sec.  377.3, 377.4, and 377.10   [AMENDED]

0
224. In Sec. Sec.  377.3, 377.4, and 377.10, remove the words ``section 
401 of the Act'' and add in their place ``49 U.S.C. 41102''.


Sec.  377.10   [AMENDED]

0
225. Amend Sec.  377.10 as follows:
0
a. In paragraphs (b) and (c) introductory text, remove the word 
``Board's'' and add in its place the word ``Department's''.
0
b. In paragraph (c)(3), remove the words ``section 402 of the Act and 
exemptions issued under section 416'' and add in their place the words 
``49 U.S.C. 41301 and exemptions issued under 49 U.S.C. 41708''.

PART 380--PUBLIC CHARTERS

0
226. The authority citation for part 380 continues to read as follows:

    Authority:  49 U.S.C. 40101, 40102, 40109, 40113, 41101, 41103, 
41301, 41504, 41702, 41708, 41712, 46101.


0
227. Throughout part 380:
0
a. Remove the words ``Office of Aviation Analysis'' and add in their 
place the words ``Office of International Aviation''.
0
b. Remove the words ``Special Authorities Division'' and add in their 
place the words ``U.S. Air Carrier Licensing/Special Authorities 
Division''.
0
c. Remove the words ``of the Statute'' and add in their place the words 
``of 49 U.S.C. Subtitle VII''.


Sec.  380.1   [AMENDED]

0
228. In Sec.  380.1, remove the words ``, formerly Title IV of the 
Federal Aviation Act of 1958, as amended''.


Sec.  380.2   [AMENDED]

0
229. In Sec.  380.2, remove the word ``opertor'' and add in its place 
the word ``operator'' and remove the definition for ``Statute.''


Sec.  380.3   [AMENDED]

0
230. In Sec.  380.3(b), remove the word ``and'' and add in its place 
the word ``through''.


Sec.  380.14   [AMENDED]

0
231. In Sec.  380.14, remove the word ``Noting'' and add in its place 
the word ``Nothing''.

[[Page 15941]]

Sec.  380.15   [AMENDED]

0
232. In Sec.  380.15, remove the word ``Subsititues'' and add in its 
place the word ``Substitutes''.


Sec.  380.32   [AMENDED]

0
233. Amend Sec.  380.32 as follows:
0
a. In paragraph (j), remove the words ``That is a charter'' and add in 
their place the words ``That if a charter''.
0
b. In paragraph (q), remove the words ``That is the operator'' and add 
in their place the words ``That if the operator''.
0
c. In paragraph (t), remove the words ``That the participants'' and add 
in their place the words ``That the participant's''.
0
d. In paragraph (v), remove the words ``date or arrival'' and add in 
their place the words ``date of arrival''.


Sec.  380.34   [AMENDED]

0
234. In Sec.  380.34(b)(2)(i), remove the words ``credit cared'' and 
add in their place the words ``credit card''.
0
235. Revise appendices A and B to part 380 to read as follows:

Appendix A to Part 380--Public Charter Operator's Surety Bond Under 
Part 380 of the Regulations of the Department of Transportation (14 CFR 
PART 380)

    Know all persons by these presents, that we ___ (name of charter 
operator) ___ of___ (city) ___ (state) as Principal (hereinafter 
called Principal), and ___ (name of surety) a corporation created 
and existing under the laws of the State of ___ (State) as Surety 
(hereinafter called Surety) are held and firmly bound unto the 
United States of America in the sum of $______________(see 14 CFR 
380.34) for which payment, well and truly to be made, we bind 
ourselves and our heirs, executors, administrators, successors, and 
assigns, jointly and severally, firmly by these presents.
    Whereas Principal intends to become a Public Charter operator 
pursuant to the provisions of 14 CFR part 380 and other rules and 
regulations of the Department relating to insurance or other 
security for the protection of charter participants, and has elected 
to file with the Department of Transportation such a bond as will 
insure financial responsibility with respect to all moneys received 
from charter participants for services in connection with a Public 
Charter to be operated subject to part 380 of the Department's 
regulations in accordance with contracts, agreements, or 
arrangements therefore, and
    Whereas this bond is written to assure compliance by Principal 
as an authorized charter operator with 14 CFR part 380 and other 
rules and regulations of the Department relating to insurance and 
other security for the protection of charter participants, and shall 
inure to the benefit of any and all charter participants to whom 
Principal may be held legally liable for any damages herein 
described.
    Now, therefore, the condition of this obligation is such that if 
Principal shall pay or cause to be paid to charter participants any 
sum or sums for which Principal may be held legally liable by reason 
of Principal's failure faithfully to perform, fulfill and carry out 
all contracts, agreements, and arrangements made by Principal while 
this bond is in effect with respect to the receipt of moneys from 
charter participants, and proper disbursement thereof pursuant to 
and in accordance with the provisions of 14 CFR part 380, then this 
obligation shall be void, otherwise to remain in full force and 
effect.
    The liability of Surety with respect to any charter participant 
shall not exceed the charter price paid by or on behalf of such 
participant.
    The liability of Surety shall not be discharged by any payment 
or succession of payments hereunder, unless and until such payment 
or payments shall amount in the aggregate to the penalty of the 
bond, but in no event shall Surety's obligation hereunder exceed the 
amount of said penalty.
    Surety agrees to furnish written notice to the U.S. Air Carrier 
Licensing/Special Authorities Division, X-44, Office of 
International Aviation, Department of Transportation, forthwith of 
all suits or claims filed and judgments rendered, and payments made 
by Surety under this bond.
    The bond shall cover the following charters \1\

    \1\ These data may be supplied in an addendum attached to the 
bond.
---------------------------------------------------------------------------

Surety company's bond No.----------------------------------------------

Date of flight departure-----------------------------------------------

Place of flight departure----------------------------------------------

    This bond is effective on the __ day of _________, 20_, 12:01 
a.m., standard time at the address of Principal as stated herein and 
as hereinafter provided. Principal or Surety may at any time 
terminate this bond by written notice to: ``U.S. Air Carrier 
Licensing/Special Authorities Division (X-44), Office of 
International Aviation, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, W-86-445, Washington, DC 20590,'' such termination 
to become effective thirty (30) days after the actual receipt of 
said notice by the Department. Surety shall not be liable hereunder 
for the payment of any damages hereinbefore described which arise as 
a result of any contracts, agreements, undertakings, or arrangements 
for the supplying of transportation and other services made by 
Principal after the termination of this bond as herein provided, but 
such termination shall not affect the liability of the bond 
hereunder for the payment of any damages arising as a result of 
contracts, agreements, or arrangements for the supplying of 
transportation and other services made by Principal prior to the 
date that such termination becomes effective. Liability of Surety 
under this bond shall in all events be limited only to a charter 
participant or charter participants who shall within sixty (60) days 
after the termination of the particular charter described herein 
give written notice of claim to the charter operator or, if it is 
unavailable, to Surety, and all liability on this bond shall 
automatically terminate sixty (60) days after the termination date 
of each particular charter covered by this bond except for claims 
made in the time provided herein.
    In witness whereof, the said Principal and Surety have executed 
this instrument on the __ day of _________, 20_.


PRINCIPAL
Name-------------------------------------------------------------------

By: Signature and title------------------------------------------------

Witness----------------------------------------------------------------

    Bonding or surety company must be listed in Best's Insurance 
Reports (Fire and Casualty) with a general policyholders' rating of 
``A'' or better or in the Department of the Treasury listing of 
companies holding certificates of authority as acceptable sureties 
on Federal bonds. In addition, the bonding or surety company shall 
be one legally authorized to issue bonds of that type in the 
State(s) in which the charter flight(s) originate. Agents must 
provide satisfactory proof that they have the requisite authority to 
issue this bond.

Appendix B to Part 380--Public Charter Operators's Surety Trust 
Agreement

    This Trust Agreement is entered into between ___________ 
(charter operator) incorporated under the laws of ____________ with 
its principal place of business being ______________________ 
(hereinafter called ``Operator''), and ____________________(Bank) 
with its principal place of business being____________________ 
(hereinafter called ``Trustee''), for the purpose of creating a 
trust to become effective as of the ______ day of ______, 20_, which 
trust shall continue until terminated as hereinafter provided.
    Operator intends to become a Public Charter operator pursuant to 
the provisions of part 380 of the Department's regulations and other 
rules and regulations of the Department relating to insurance or 
other security for the protection of charter participants, and has 
elected to file with the Department of Transportation such a Surety 
Trust Agreement as will insure financial responsibility with respect 
to all monies received from charter participants for services in 
connection with a Public Charter to be operated subject to part 380 
of the Department's regulations in accordance with contracts, 
agreements, or arrangements therefore.
    This Surety Trust Agreement is written to assure compliance by 
Operator with the provisions of part 380 of the Department's 
regulations and other rules and regulations of the Department 
relating to insurance or other security for the protection of 
charter participants. It shall inure to the benefit of any and all 
charter participants to whom Operator may be held legally liable for 
any of the damages herein described.
    It is mutually agreed by and between Operator and Trustee that 
Trustee shall manage the corpus of the trust and carry out the 
purposes of the trust as hereinafter set forth during the term of 
the trust for the benefit of charter participants (who are 
hereinafter referred to as ``Beneficiaries.'')

[[Page 15942]]

    Beneficiaries of the trust created by this Agreement shall be 
limited to those charter participants who meet the following 
requirements:
    1. Those for whom Operator or Operator's agent has received 
payment toward participation in one or more charters operated by or 
proposed to be operated by Operator.
    2. Who have legal claim or claims for money damages against 
Operator by reason of Operator's failure faithfully to perform, 
fulfill, and carry out all contracts, agreements, and arrangements 
made by Operator while this trust is in effect with respect to the 
receipt of monies and proper disbursement thereof pursuant to part 
380 of the Department's regulations; and
    3. Who have given notice of such claim or claims in accordance 
with this Trust Agreement, but who have not been paid by Operator.
    The operator shall convey to Trustee legal title to the trust 
corpus, which has a value of $_____ by the time of the execution of 
this Agreement.
    Trustee shall assume the responsibilities of Trustee over the 
said trust corpus and shall distribute from the trust corpus to any 
and all Beneficiaries to whom Operator, in its capacity as a Public 
Charter operator, may be held legally liable by reason of Operator's 
failure faithfully to perform, fulfill, and carry out all contracts, 
agreements, and arrangements made by Operator, while this trust is 
in effect with respect to the receipt of monies and proper 
disbursement thereof pursuant to part 380 of the Department's 
regulations in connection with said charters, such damages as will 
discharge such liability while this trust is in effect; Provided, 
however, that the liability of the trust to any Beneficiary shall 
not exceed the charter price (as defined in part 380 of the 
Department's regulations) paid by or on behalf of any such 
Beneficiary; Provided, further, that there shall be no obligation of 
the trust to any Beneficiary if Operator shall pay or cause to be 
paid to any Beneficiary any sum or sums for which Operator may be 
held legally liable by reasons of its failure faithfully to perform, 
fulfill, and carry out all contracts, agreements, and arrangements 
made by Operator in its capacity as Public Charter Operator while 
this trust is in effect with respect to the receipt of monies and 
proper disbursement thereof pursuant to part 380 of the Department's 
regulations; and provided still further, that the liability of the 
trust as administered by Trustee shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments, shall amount in the aggregate to $_____. 
Notwithstanding anything herein to the contrary, in no event shall 
the obligation of the trust or Trustee hereunder exceed the 
aggregate amount of $_____.
    Trustee agrees to furnish written notice to the U.S. Air Carrier 
Licensing/Special Authorities Division, X-44, Office of 
International Aviation, Department of Transportation, forthwith of 
all suits or claims filed and judgments rendered (of which it has 
knowledge), and of payments made by Trustee under the terms of this 
trust.
    The trust shall not be liable hereunder for the payment of any 
damages hereinbefore described which arise as a result of any 
contracts, agreements, undertakings, or arrangements for the 
supplying of transportation and other services made by Operator 
after the termination of this trust as herein provided, but such 
termination shall not affect the liability of the trust hereunder 
for the payment of any damages arising as a result of contracts, 
agreements, or arrangements for the supplying of transportation and 
other services made by Operator prior to the date that such 
termination becomes effective.
    Liability of the trust shall in all events be limited only to a 
Beneficiary or Beneficiaries who shall within sixty days after the 
termination of the particular charter give written notice of claim 
to Operator or, if it is unavailable, to Trustee, and all liability 
of the trust with respect to participants in a charter shall 
automatically terminate sixty days after the termination date of 
each particular charter covered by this trust except for claims made 
in the time provided herein.
    Sixty-one days after the completion of the last charter covered 
by this Trust Agreement, the trust shall automatically terminate 
except for claims of any Beneficiary or Beneficiaries previously 
made in accordance with this Agreement still pending on and after 
said sixty-first day. To the extent of such claims, the trust shall 
continue until those claims are discharged, dismissed, dropped, or 
otherwise terminated. After all remaining claims which are covered 
by this Trust Agreement pending on and after the said sixty-first 
day have been discharged, dismissed, dropped, or otherwise 
terminated; Trustee shall convey forthwith the remainder of the 
trust corpus, if any, to Operator.
    Either Operator or Trustee may at any time terminate this trust 
by written notice to: ``U.S. Air Carrier Licensing/Special 
Authorities Division, X-44, Office of International Aviation, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, W-86-445, 
Washington, DC 20590,'' such termination to become effective thirty 
days after the actual receipt of said notice by the Department.
    In the event of any controversy or claim arising hereunder, 
Trustee shall not be required to determine same or take any other 
action with respect thereto, but may await the settlement of such 
controversy or claim by final appropriate legal proceedings, and in 
such event shall not be liable for interest or damages of any kind.
    Any Successor to Trustee by merger, consolidation, or otherwise, 
shall succeed to this trusteeship and shall have the powers and 
obligations set forth in this Agreement.
    The trust created under this Agreement shall be operated and 
administered under the laws of the State of _________.
    In Witness Whereof, Operator and Trustee have executed this 
instrument on the date(s) shown below.

Operator ____________--------------------------------------------------
(signature)

Date-------------------------------------------------------------------

Name-------------------------------------------------------------------
(typed or printed)

Title------------------------------------------------------------------

Trustee----------------------------------------------------------------

(signature)

Date-------------------------------------------------------------------

Name-------------------------------------------------------------------
(typed or printed)

Title------------------------------------------------------------------

PART 385--STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS

0
236. The authority citation for part 385 is revised to read as follows:

    Authority:  49 U.S.C. 329, 40101, 41101, 41301, and 41701.


0
237. Throughout part 385, remove the words ``of the Statute'' and add 
in their place the words ``of 49 U.S.C. Subtitle VII''.


Sec.  385.1   [AMENDED]

0
238. Amend Sec.  385.1 as follows:
0
a. Remove the definition for ``Department''.
0
b. In the definition of ``Precedent'', remove the words ``by the 
Board'' and add in their place the words ``by its predecessor''.
0
c. In the definition of ``Reviewing Official'', remove the word 
``Deputy''.
0
d. Remove the definition for ``Statute''.


Sec.  385.2   [AMENDED]

0
239. In Sec.  385.2, remove the words ``and the Director, Bureau of 
Transportation Statistics (BTS)''.


Sec.  385.7   [AMENDED]

0
240. In Sec.  385.7, remove the word ``Deputy''.

0
241. Amend Sec.  385.12 as follows:
0
a. Paragraphs (f), (h), and (i) are removed.
0
b. Paragraphs (g), (j), and (k) are redesignated as paragraphs (f), 
(g), and (h), respectively.
0
c. Newly redesignated paragraphs (f), (g), and (h) are revised.
0
d. New paragraph (i) is added.
    The revisions read as follows:


Sec.  385.12   Authority of the Director, Office of Aviation Analysis.

* * * * *
    (f) To approve certificates of insurance filed with the Department 
on behalf of U.S. and foreign air carriers in accordance with the 
provisions of part 205 of this chapter.
    (g) With respect to mail rates:
    (1) To issue show-cause orders proposing to make modifications of a 
technical nature in the mail rate formula applicable to temporary or 
final service mail rate orders.
    (2) To issue final orders establishing temporary and final service 
mail rates:

[[Page 15943]]

    (i) In those cases where no objection has been filed following 
release of the show-cause order, and where the rates established are 
the same as those proposed in the show-cause order; and
    (ii) In those cases where it is necessary to make modifications of 
a technical nature in the rates proposed in the show-cause order.
    (3) To issue final orders amending mail rate orders of air carriers 
to reflect changes in the names of the carriers subject to the orders.
    (4) To issue a letter, in the case of air mail contracts filed with 
the Department under part 302 of this chapter against which no 
complaints have been filed, stating that the contract will not be 
disapproved by the Department and may become effective immediately.
    (5) To issue final orders making quarterly fuel rate adjustments to 
Alaska bush and mainline mail rates set by the Department under 49 
U.S.C. 41901, 41902, and 41903.
    (h) With respect to essential air service (EAS) proceedings:
    (1) To establish procedural dates.
    (2) To issue orders setting interim rates of compensation for 
carriers required to provide essential air service.
    (3) To issue orders approving a carrier's alternate service pattern 
if:
    (i) The resulting level of service at the eligible place would be 
equal to or greater than the level of service earlier determined to be 
essential for that place;
    (ii) The community concerned does not object to the carrier's 
implementation of the alternate service pattern; and
    (iii) The carrier is not receiving a subsidy for the service or 
implementation of the alternate service pattern would not increase the 
carrier's subsidy.
    (4) To issue orders adjusting the operational and/or financial unit 
rates of the payout formula for a carrier receiving subsidy under 
section 41732 of 49 U.S.C. Subtitle VII where the adjustment will not 
increase the total amount of compensation that the carrier will 
receive.
    (5) To renew, up to five times in succession, an order under 
section 41734 of 49 U.S.C. Subtitle VII to an air carrier to continue 
providing essential air service while the Department attempts to find a 
replacement carrier.
    (6) To request service and subsidy proposals from carriers 
interested in providing essential air service to an eligible place.
    (7) To issue final orders establishing interim or final subsidy 
rates under section 41732 or final adjustments of compensation for 
continued service under section 41732 in those cases where no objection 
has been filed to a show-cause order, and where the rates established 
are the same as or less than those proposed in the approved show-cause 
order.
    (8) With respect to provisions for terminations, suspensions, or 
reductions of service under part 323 of this chapter:
    (i) To require any person who files a notice, objection, or answer 
to supply additional information.
    (ii) To require service of a notice, objection, or answer upon any 
person.
    (iii) To accept late-filed objections or answers, upon motion, for 
good cause shown.
    (iv) To extend the time for filing objections for answers, when the 
initial notice has been filed earlier than required under Sec.  323.5 
of this chapter.
    (9) To issue final air carrier selection orders establishing final 
subsidy rates for EAS provided under 49 U.S.C. 41733:
    (i) Where the compensation to be paid is the same as or less than 
the existing rate, and where the community does not object to the 
selected option;
    (ii) For EAS eligible Alaska communities, when the subsidy rate to 
be paid is less than $125,000, and where the community does not object 
to the selected option; and
    (iii) In cases where only one air carrier submitted one service or 
subsidy option.
    (10) With respect to provisions for terminations, suspensions, or 
reductions of service under part 323 of this chapter:
    (i) To require any person who files a notice, objection, or answer 
to supply additional information.
    (ii) To require service of a notice, objection, or answer upon any 
person.
    (iii) To accept late-filed objections or answers, upon motion, for 
good cause shown.
    (iv) To extend the time for filing objections for answers, when the 
initial notice has been filed earlier than required under Sec.  323.5 
of this chapter.
    (i) To issue procedural orders or notices in antitrust immunity 
cases filed under part 303 of this chapter with respect to:
    (1) Granting or denying requests for adjustments to procedural 
deadlines where there is no objection;
    (2) Making other adjustments to a procedural schedule where the 
policy is clear and consistent with precedent;
    (3) Granting parties to a proceeding access to confidential 
documents filed under a request for public non-disclosure pursuant to 
Sec.  302.12 of this chapter, where providing such access is consistent 
under current policy and precedent; and
    (4) In uncontested proceedings, ordering the filing of additional 
documents deemed relevant to the Department's consideration of the 
application, including the filing of documents for in-camera review, 
where doing so is consistent with past policy and precedent.

0
242. Amend Sec.  385.13 as follows:
0
a. Remove the word ``and'' at the end of paragraph (b)(3).
0
b. Remove paragraph (b)(4).
0
c. Redesignate paragraphs (b)(2) and (3) as (b)(3) and (4), 
respectively.
0
d. Add new paragraphs (b)(2), (5), and (6).
0
e. Revise paragraphs (r) introductory text and (r)(1).
0
f. Add paragraphs (z) through (dd).
    The additions and revisions to read as follows:


Sec.  385.13   Authority of the Director, Office of International 
Aviation.

* * * * *
    (b) * * *
    (2) For general tariff exemptions that apply to all U.S. and 
foreign air carriers pursuant to 14 CFR part 293;
* * * * *
    (5) Issue orders granting uncontested applications by U.S. carriers 
to provide foreign air transportation where the carrier has already 
been found fit, willing, and able to provide service of the same basic 
scope or character; and
    (6) Issue orders granting uncontested applications by foreign air 
carriers to provide foreign air transportation where the course of 
action is clear under current policy or precedent.
* * * * *
    (r) With respect to International Air Transport Association (IATA) 
agreements filed with the Department pursuant to sections 41309 and 
41308 of 49 U.S.C. Subtitle VII, or agreements filed pursuant to 
previous statutory authority of the Department's predecessor:
    (1) Issue orders approving, disapproving, or exempting IATA 
agreements relating to fare and rate matters under section 41309, and 
granting or denying antitrust immunity under section 41308, where the 
course of action is clear under current policy and precedent.
* * * * *
    (z) Issue orders and notices adjusting the Standard Foreign Fare 
Level to reflect percentage changes in actual operating costs per 
available seat mile.
    (aa) Issue notices updating the list of country-pair markets.
    (bb) With respect to Canadian charter air taxi operations:
    (1) To approve applications for registration, or require that a 
registrant submit additional information, or reject

[[Page 15944]]

an application for registration for failure to comply with part 294 of 
this chapter.
    (2) To cancel, revoke, or suspend the registration of any Canadian 
charter air taxi operator using small aircraft registered under part 
294 of this chapter that:
    (i) Filed with the Department a written notice that it is 
discontinuing operations;
    (ii) Is no longer designated by its home government to operate the 
services contemplated by its registration;
    (iii) Holds a foreign air carrier permit under section 41302 to 
operate large aircraft charters between the United States and Canada;
    (iv) Fails to keep its filed certificate of insurance current;
    (v) No longer is substantially owned or effectively controlled by 
persons who are:
    (A) Citizens of Canada;
    (B) The Government of Canada; or
    (C) A combination of both; or
    (vi) No longer holds current effective Operations Specifications 
issued by the FAA.
    (3) To grant or deny requests for a waiver of part 294 of this 
chapter, where grant or denial of the request is in accordance with 
current policy or precedent.
    (cc) With respect to foreign air freight forwarders:
    (1) To approve applications for registration, or require that a 
registrant submit additional information, or reject an application for 
registration for failure to comply with part 297 of this chapter.
    (2) To cancel the registration of any foreign air freight forwarder 
or foreign cooperative shippers association that files a written notice 
with the Department indicating the discontinuance of common carrier 
activities.
    (3) To exempt the registrant from the requirement contained in 
Sec.  297.20 of this chapter that substantial ownership and effective 
control reside in citizens of the country that the applicant claims as 
its country of citizenship, where the course of action is clear under 
current precedent or policies.
    (dd) With respect to charter operations:
    (1) To grant or deny requests for waiver of parts 212, 372, and 380 
of this chapter, where grant or denial of the request is in accordance 
with established precedent.
    (2) To approve or disapprove direct air carrier escrow agreements 
filed pursuant to part 212 of this chapter.
    (3) To reject or accept Public Charter prospectuses filed under 
part 380 of this chapter.
    (4) With respect to the procedures for the registration of foreign 
charter operators under subpart E of part 380 of this chapter:
    (i) To approve applications for registration, or require that a 
registrant submit additional information, or reject an application for 
registration for failure to comply with part 380 of this chapter.
    (ii) To notify the applicant that its application will require 
further analysis or procedures, or is being referred to the Assistant 
Secretary for Aviation and International Affairs for formal action.
    (iii) To cancel the registration of a foreign charter operator if 
it files a written notice with the Department that it is discontinuing 
its charter operations.
    (iv) To waive provisions of subpart E of part 380 of this chapter.

0
243. Revise Sec.  385.14 to read as follows:


Sec.  385.14   Authority of the General Counsel.

    The General Counsel has authority to:
    (a) Issue proposed or final regulations for the purpose of making 
editorial changes or corrections to the Department's rules and 
regulations to carry out Subparts I, II and IV of Part A of Subtitle 
VII of the Transportation Code at 49 U.S.C. 40101 et seq., with the 
concurrence of the staff offices primarily responsible for the parts or 
sections involved: Provided, that any final regulation so issued shall 
have an effective date not less than 20 days after its date of 
publication in the Federal Register, and shall include a brief 
reference to the review procedures established in subpart C of this 
part.
    (b) Where a petition for review is duly filed, reverse any 
rulemaking action taken pursuant to paragraph (a) of this section by 
withdrawing a proposed or final regulation issued thereunder. Any 
action taken by the General Counsel, pursuant to the authority of this 
section, shall not be subject to the review procedures of this part.
    (c) Issue orders deferring action until after oral argument on 
motions submitted by parties subsequent to the issuance of an 
Administrative Law Judge's initial or recommended decision.
    (d) Reissue existing regulations for the purpose of incorporating 
prior amendments adopted by the Department.
    (e) Compromise any civil penalties being imposed in enforcement 
cases.
    (f) Issue orders initiating and terminating informal nonpublic 
investigations under part 305 of this chapter (Procedural Regulations).
    (g) Issue orders requiring air carriers to prepare and submit 
within a specified reasonable period, special reports, copies of 
agreements, records, accounts, papers, documents, and specific answers 
to questions upon which information is deemed necessary. Special 
reports shall be under oath whenever the General Counsel so requires.
    (h) Institute and prosecute in the proper court, as agent of the 
Department, all necessary proceedings for the enforcement of the 
provisions of the act or any rule, regulation, requirement, or order 
thereunder, or any term, condition, or limitation of any certificate or 
permit, and for the punishment of all violations thereof. Any action 
taken by the General Counsel, pursuant to the authority of this 
section, shall not be subject to the review procedures of this part.
    (i) Make findings regarding the reasonable necessity for the 
application of the Department's authority to obtain access to lands, 
buildings, and equipment, and to inspect, examine, and make notes and 
copies of accounts, records, memorandums, documents, papers, and 
correspondence of persons having control over, or affiliated with, any 
person subject to regulation under Subparts I, II, and IV of Part A of 
Subtitle VII of the Transportation Code at 49 U.S.C. 40101 et seq. 
through issuance of an appropriate order, letter, or other transmittal.
    (j) Issue orders denying or granting conditional or complete 
confidential treatment of information supplied by any person to the 
Office of Aviation Enforcement and Proceedings. Confidential treatment 
may only be granted upon a finding that, if the information were in the 
Department's possession and a Freedom of Information Act (FOIA) request 
were made for the information:
    (1) At the time of the confidentiality request, the FOIA request 
would be denied on the basis of one or more of the FOIA exemptions; and
    (2) At any later time, the FOIA request would also be denied, 
absent a material change in circumstances (which may include a 
demonstration that the asserted exemption does not apply).


Sec.  385.15   [REMOVED AND RESERVED]

0
244. Remove and reserve Sec.  385.15.


Sec.  385.18   [AMENDED]

0
245. In Sec.  385.18, remove the words ``Chief, Coordination Section, 
Documentary Services Division'' wherever they appear and add in their 
place the words ``Docket Officer, Docket Operations Office''.


Sec.  385.19   [AMENDED]

0
246. In Sec.  385.19, remove the words ``Office of Aviation 
Information''

[[Page 15945]]

wherever they appear and add in their place the words ``Office of 
Airline Information''.


Sec.  385.32   [AMENDED]

0
247. In Sec.  385.32, remove ``this regulation'' and add in its place 
``this part''.

0
248. Part 389 is revised to read as follows:

PART 389--FEES AND CHARGES FOR SPECIAL SERVICES

Subpart A--General Provisions
Sec.
389.1 Policy and scope.
Subpart B--Fees for Special Services
389.10 Applicability of subpart.
389.11 Available services and resources.
389.12 Payment of fees and charges.
389.13 Fees for services.
Subpart C--Filing and Processing License Fees
389.20 Applicability of subpart.
389.21 Payment of fees.
389.22 Failure to make proper payment.
389.23 Application for waiver or modification of fees.
389.24 Foreign air carriers.
389.25 Schedule of processing fees.
389.26 Special rules for tariff page filings.
389.27 Refund of fee.

    Authority: 49 U.S.C. 40113, 40114, 41711; 31 U.S.C. 9701; and 5 
U.S.C. 552.

Subpart A--General Provisions


Sec.  389.1   Policy and scope.

    Pursuant to the provisions of 31 U.S.C. 9701, Fees and charges for 
Government services and things of value, and as implemented by the 
Office of Management and Budget's Circular A-25, dated July 8, 1993, 
the Department sets forth in this part fees and charges to be paid for 
the use of certain services and resources of the Department as 
prescribed in this part.

Subpart B--Fees for Special Services


Sec.  389.10   Applicability of subpart.

    This subpart describes certain services and resources made 
available by the Department and prescribes the fees and charges for 
those services and resources.


Sec.  389.11   Available services and resources.

    Upon request and payment of fees as provided in this part, there 
are available, with respect to documents subject to inspection, 
services as follows:
    (a) Locating and copying records and documents;
    (b) Certification of copies of documents under seal of the 
Department; and
    (c) Transcripts of hearings and proceedings.


Sec.  389.12   Payment of fees and charges.

    The fees charged for services and resources shall be paid for 
electronically at https://www.pay.gov, a secure government-wide 
collection portal, except for charges for reporting services that are 
performed under competitive bid contracts with non-Government firms. 
Fees for reporting are payable to the firms providing the services. 
Payments to pay.gov can be made directly from a bank account or by 
credit/debit card.


Sec.  389.1  3 Fees for services.

    Fees for services and resources described in this subpart and 
subpart C of this part are pursuant to those fees set forth in 49 CFR 
part 7, subpart F, Sec. Sec.  7.41 through 7.43, 7.45 and 7.46.

Subpart C--Filing and Processing License Fees


Sec.  389.20   Applicability of subpart.

    (a) This subpart applies to the filing of certain documents and 
records with the Department by non-government parties, and prescribes 
fees for their processing.
    (b) For the purpose of this subpart, record means an electronic 
tariff record submitted to the Department under subpart R of 14 CFR 
part 221, and contains a set of information that describes one (1) 
tariff fare, or a set of information that describes one (1) related 
element associated with such tariff fare.


Sec.  389.21   Payment of fees.

    (a) Except as provided in paragraph (b) of this section, any 
document for which a filing fee is required by Sec.  389.25 shall be 
paid for electronically at https://www.pay.gov, a secure government-wide 
collection portal, unless a waiver or modification of the filing fee 
has been requested and approved. Payments can be made directly from a 
bank account or by credit/debit card.
    (b) Registration for all air taxi operators shall be accompanied by 
an 8 dollar ($8) registration filing fee in the form of a check, draft, 
or postal money order payable to the U.S. Department of Transportation.
    (c) Where a document seeks authority or relief in the alternative 
and therefore would otherwise be subject to more than one filing fee, 
only the highest fee shall be required.
    (d) Where a document relating to a single transaction or matter 
seeks multiple authorities or relief and therefore would otherwise be 
subject to more than one filing fee, only the highest fee shall be 
required. Where a document relating to more than one transaction or 
matter seeks multiple authorities or relief, the required filing fee 
shall be determined by combining the highest fees for each transaction 
or matter. For purposes of this paragraph (d), a specific number of 
charters or inclusive tours described in one application will be 
regarded as a single transaction or matter.
    (e) No fee shall be returned after the document has been filed with 
the Department, except as provided in Sec. Sec.  389.23 and 389.27.


Sec.  389.22   Failure to make proper payment.

    In accordance with 49 CFR part 7, subpart F, Sec.  7.42, the 
Department will assess interest on unpaid fees on the 31st day 
following the day on which a notice of the amount due is first mailed 
to the requestor, unless the Department has granted an application for 
waiver or modification of the fees.


Sec.  389.23   Application for waiver or modification of fees.

    (a) Applications may be filed asking for waiver or modification of 
any fee paid under this subpart. Each applicant shall set forth the 
reasons why a waiver or modification should be granted, and by what 
legal authority.
    (b) Applications asking for a waiver or modification of fees shall 
be sent to the Director, Office of Aviation Analysis, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. 
This provision is in accordance Sec.  385.30 of this chapter. When no 
petition for review is filed with the Department, or when the 
Department reviews the Director's decision, if the amount found due is 
not paid within 10 days after receipt of notification of the final 
determination, the document shall be returned to the filing party.


Sec.  389.24   Foreign air carriers.

    A foreign air carrier, or such carriers, if from the same country, 
acting jointly, may apply for a waiver of the requirements of this part 
based on reciprocity for U.S. air carriers contained in the requirement 
of their home governments, or as provided in a treaty or agreement with 
the United States. To apply for a waiver under this section, foreign 
air carriers shall send waiver requests to the Director, Office of 
International Aviation. The request should include applicable official 
government rules, decisions, statements of policy, or comparable 
evidence concerning filing fees for U.S. air carriers, or for all 
carriers serving that country. Once a waiver has been granted for a 
specific country, no further waiver

[[Page 15946]]

applications need be filed for that country.


Sec.  389.25   Schedule of processing fees.

    (a) Document-filing fees.

------------------------------------------------------------------------
         Code                       Document
------------------------------------------------------------------------
                      Interstate Air Transportation
------------------------------------------------------------------------
 Certificate of Public Convenience and Necessity (49 U.S.C. Chapter 411)
------------------------------------------------------------------------
1....................  Application for Certificate of                850
                        Public Convenience and Necessity
                        Interstate Air Transportation--
                        Charter Authority Only.
2....................  Application for Certificate of                850
                        Public Convenience and Necessity
                        Interstate Air Transportation--
                        Scheduled Service.
3....................  Dormant Authority................             290
4....................  Application for Certificate of                670
                        Public Convenience and Necessity
                        Interstate Air Transportation--
                        Cargo Authority Only.
5....................  Application to transfer                       290
                        Certificate of Public
                        Convenience and Necessity
                        Interstate Air Transportation.
6....................  Air Taxi Registration............               8
7....................  Application for Commuter Air                  670
                        Carrier Authorization.
8....................  Change of Name (registration of                56
                        trade name or reissuance of
                        certificate).
                      --------------------------------------------------
9....................    Exemption Request--General (49
                               U.S.C. Chapter 401)
                      --------------------------------------------------
10...................  Request for an Exemption from 49               53
                        U.S.C. Chapter 415.
11...................  Request for an Exemption from 49              280
                        U.S.C Chapter 411.
12...................  Request for an Exemption from 49              120
                        U.S.C Chapter 417.
13...................  Request for a Service Mail Rate               420
                        Petition 49 U.S.C. Chapter 419.
------------------------------------------------------------------------
    Foreign Air Transportation--U.S. Carriers (49 U.S.C. Chapter 411)
------------------------------------------------------------------------
14...................  Application for Certificate of                900
                        Public Convenience and Necessity
                        Foreign Air Transportation--
                        Scheduled Service.
15...................  Amendment to Application for                  425
                        Certificate of Public
                        Convenience and Necessity
                        Foreign Air Transportation--
                        Scheduled Service.
16...................  Application for Certificate of                600
                        Public Convenience and Necessity
                        Foreign Air Transportation--
                        Charter Service.
17...................  Amendment to Application for                  200
                        Certificate of Public
                        Convenience and Necessity
                        Foreign Air Transportation--
                        Charter Service.
18...................  Transfer of Certificate of Public             255
                        Convenience and Necessity
                        Foreign Air Transportation--
                        Scheduled or Charter Service.
19...................  Change of Name (registration of                56
                        trade name or reissuance of
                        certificate).
------------------------------------------------------------------------
           Foreign Air Carrier Permit (49 U.S.C. Chapter 413)
------------------------------------------------------------------------
20...................  Foreign Air Carrier Permit--                  760
                        Initial Application.
21...................  Foreign Air Carrier Permit--                  475
                        Amendment/Renewal of permit.
22...................  Foreign Air Carrier Permit--                  215
                        Amendment to application for a
                        permit.
------------------------------------------------------------------------
                    Exemption (49 U.S.C. Chapter 401)
------------------------------------------------------------------------
23...................  Request for an Exemption from 49               53
                        U.S.C. Chapter 415.
24...................  Request for an Exemption from 49               77
                        U.S.C. Chapters 411/413 (10 or
                        fewer flights).
25...................  Request for an Exemption from 49              360
                        U.S.C. Chapters 411/413 (More
                        than 10 flights).
26...................  Request for an Exemption from 49           \1\ 17
                        U.S.C. Chapters 411/413 (Filed
                        less than 10 days before
                        effective date requested).
27...................  Other (U.S. and foreign air                   360
                        carriers).
28...................  Emergency cabotage (49 U.S.C.                 360
                        Chapter 401).
29...................  Relief for U.S. and foreign                   370
                        indirect air carriers (49 U.S.C.
                        Chapter 401).
------------------------------------------------------------------------
                            Undocketed Items
------------------------------------------------------------------------
30...................  Canadian Charter Air Taxi                      30
                        Registration.
31...................  Foreign Freight Forwarder                      11
                        Registration.
32...................  Foreign Tour Operator                          10
                        Registration.
33...................  Foreign Aircraft Permit (14 CFR                25
                        part 375).
34...................  Special Authorization (14 CFR                  12
                        part 375).
35...................  Charter Statement of                            8
                        Authorization.
36...................  Intermodal Statement of                        10
                        Authorization.
37...................  Special Authority (14 CFR part                 37
                        216).
38...................  Fee for filing items 33-37 if              \1\ 11
                        filed less than time required
                        before effective date.
39...................  IATA resolutions.................              61
------------------------------------------------------------------------
                  Other (U.S. and Foreign Air Carriers)
------------------------------------------------------------------------
                       Charters:
40...................     Public Charter Prospectus.....              39
41...................     OMPC Operation Authorization..             665
42...................     Waiver of Charter Regulations.              39

[[Page 15947]]

 
                       Tariffs:
43...................     Pages.........................               2
44...................     Special Tariff Permission.....              12
45...................     Waiver of Tariff Regulations..              12
46...................     Exemption request.............             371
                       Agreements filed under 49 U.S.C.
                        Chapter 413
47...................     Prior Approval (docketed).....           1,080
48...................     Routine (non-docketed)........              64
49...................  Application for free and reduced-              16
                        rate transportation.
------------------------------------------------------------------------
\1\ Additional.

    (b) Electronic tariff filing fees. The filing fee for one (1) or 
more transactions proposed in any existing record, or for any new or 
canceled records, shall be 5 cents per record; Provided: That no fee 
shall be assessed for those records submitted to the Department 
pursuant to 14 CFR 221.500(b).


Sec.  389.26   Special rules for tariff page filings.

    (a) Tariffs issued by carriers. The filing fee for tariff pages 
filed by U.S. air carriers will be charged even if the tariff includes 
matters involving participating foreign air carriers. It will also be 
charged if the tariff is issued by a foreign air carrier and includes 
matters involving participating U.S. air carriers, unless the foreign 
air carrier has obtained a waiver under Sec.  389.24. The fee will not 
be charged for a blank looseleaf page unless it cancels matter in the 
preceding issue of the page.
    (b) Tariffs issued by publishing agents. (1) If the tariff is 
issued for one or more air carriers exclusively, the fee will be 
charged for each page.
    (2) If the tariff is issued for one or more air carriers and one or 
more foreign air carriers, the fee will be charged for each page, 
except for those pages that the issuing agent states contain only:
    (i) Matters pertaining exclusively to foreign air carriers that 
have been granted a waiver; or
    (ii) Changes in matters pertaining to foreign air carriers that 
have been granted a waiver and that are included on the same page with 
other matters that are reissued without change.
    (3) The fee will not be charged for a blank looseleaf page unless 
it cancels matters in the preceding page.
    (4) No fee will be charged when two pages are published back-to-
back, one page is not subject to the fee under paragraph (b)(2) of this 
section, and the page on the reverse is issued without substantive 
change.
    (5) The fee will be charged for two looseleaf pages containing a 
correction number check sheet unless all other pages of the tariff are 
exempt from the fee.


Sec.  389.27   Refund of fee.

    Any fee charged under this part may be refunded in full or in part 
upon request if the document for which it is charged is withdrawn 
before final action is taken. Such requests shall be filed in 
accordance with Sec.  389.23.

PART 398--GUIDELINES FOR INDIVIDUAL DETERMINATIONS OF BASIC 
ESSENTIAL AIR SERVICE

0
249. The authority citation for part 398 continues to read as follows:

    Authority:  49 U.S.C. Chapters 401, 417; Airport and Airway 
Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223, Dec. 30, 
1987).


Sec.  398.11   [Removed]

0
250. Section 398.11 is removed.

PART 399--STATEMENTS OF GENERAL POLICY

0
251. The authority citation for part 399 continues to read as follows:

    Authority:  49 U.S.C. 41712.


0
252. Throughout part 399, remove the words ``Board'' and ``Board's'' 
wherever they appear and add in their place the words ``Department'' 
and ``Department's'', respectively.


Sec.  399.2   [AMENDED]

0
253. In Sec.  399.2(c), remove the words ``section 102 of the Act'' and 
add in their place ``49 U.S.C. 40101''.


Sec.  399.4   [AMENDED]

0
254. In Sec.  399.4, remove the word ``the Act'' and add in its place 
the words ``49 U.S.C.''.


Sec. Sec.  399.30, 399.31, 399.32, 399.33, and 399.34   [REMOVED]

0
255. Sections 399.30, 399.31, 399.32, 399.33, and 399.34 are removed.

0
256. Section 399.35 is revised to read as follows:


Sec.  399.35   Special tariff permission.

    The Secretary of Transportation may approve, under such terms as 
the Secretary may require, a carrier's application for Special Tariff 
Permission to file a tariff for foreign air transportation required 
under part 293 of this chapter on less than the notice required by 49 
U.S.C. 41504(b).


Sec. Sec.  399.37, 399.40, 399.41, 399.42, 399.43, and 399.44   
[REMOVED]

0
257. Sections 399.37, 399.40, 399.41, 399.42, 399.43, 399.44 are 
removed.


Table following Sec.  399.44   [Designated as Appendix A to Subpart C 
of Part 399]

0
258. Designate the table entitled ``Example of SIFL Adjustment'', which 
follows Sec.  399.44, as appendix A to subpart C and add a heading for 
appendix A to read as follow:

Appendix A to Subpart C of Part 399--Example of SIFL Adjustment


Sec.  399.60   [AMENDED]

0
259. In Sec.  399.60(a), remove the words ``applications under section 
408 of the Act for approval of consolidations or acquisitions of 
control;''.


Sec.  399.73   [AMENDED]

0
260. In Sec.  399.73, remove ``298.3'' and add in its place ``298.2''.


Sec.  399.80   [AMENDED]

0
261. In Sec.  399.80, in the introductory text, remove ``(m)'' and add 
in its place ``(n)''.


Sec.  399.81   [AMENDED]

0
262. Amend Sec.  399.81 as follows:
0
a. In paragraph (c)(1), remove the words ``This section'' and add in 
their place the words ``This paragraph (c)''.
0
b. In paragraph (c)(2), remove the words ``this section'' and add in 
their place the words ``this paragraph (c)''.
0
c. In paragraph (c)(3), remove the words ``this paragraph'' and add in 
their place the words ``this paragraph (c)''.


Sec.  399.82   [AMENDED]

0
263. Amend Sec.  399.82 as follows:
0
a. Remove paragraphs (b)(2) and (3).
0
b. Redesignate paragraphs (b)(4) and (5) as (b)(2) and (3).
0
c. Add the word ``or'' at the end of newly redesignated paragraph 
(b)(2).

[[Page 15948]]

Sec.  399.83   [AMENDED]

0
264. In Sec.  399.83, remove the words ``section 411 of the Act'' and 
add in their place ``49 U.S.C. 41712''.

0
265. Section 399.91 is revised to read as follows:


Sec.  399.91   Air carrier participation in programs of technical 
assistance to airlines of less developed countries.

    This policy shall apply to proceedings under 49 U.S.C. 41309 in 
which the Department is required to make any determination as to the 
public interest or consistency with 49 U.S.C. Subtitle VII of any 
agreement or relationship sought to be entered into by an air carrier, 
or officer or director thereof, with a foreign airline in connection 
with the performance of some activity pursuant to a technical 
assistance contract financed by an agency of the U.S. Government.

Subparts I and J--[REMOVED AND RESERVED]

0
266. Subparts I and J, consisting of Sec. Sec.  399.101 and 399.111, 
respectively, are removed and reserved.


Sec.  399.120   [AMENDED]

0
267. In Sec.  399.120, remove the words ``section 401(d)(8) of the 
Federal Aviation Act'' and add in their place ``49 U.S.C. 41102 and 
41110''.

    Issued in Washington, DC, on: February 7, 2019.
Elaine L. Chao,
Secretary of Transportation.
[FR Doc. 2019-02511 Filed 4-15-19; 8:45 am]
 BILLING CODE 4910-9X-P

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