# Elimination of Obsolete Provisions and Correction of Outdated Statutory References in Aviation Economic Regulations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2019-02511 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** April 16, 2019 - **Citation:** 84 FR 15920 ## Text 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14 CFR Chapter II [Docket No. DOT-OST-2014-0140] RIN 2105-AD86 Elimination of Obsolete Provisions and Correction of Outdated Statutory References in Aviation Economic Regulations AGENCY: Office of the Secretary (OST), U.S. Department of Transportation (DOT).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. 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regarding its aviation economic regulations to eliminate any further remaining obsolete provisions and correct outdated statutory references.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retrospective regulatory review initiatives to modify, streamline, or repeal regulations that are obsolete or out-of-date.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 http://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: Jill.Laptosky@dot.gov or Jennifer.AbdulWali@dot.gov. 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 § 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 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 § 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. 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 §§ 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 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). 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 § 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 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. 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. 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 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, 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 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. 2. Section 200.1 is revised to read as follows: § 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 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. 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”. § 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”. PART 203—WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES 8. The authority citation for part 203 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 411, 413, 415, 417. 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) 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] 14. Section 204.4 is removed and reserved. § 204.5 [AMENDED] 15. Amend § 204.5 as follows: a. In paragraph (c), remove the words “Washington, DC 20590, or by electronic submission at http://dms.dot.gov.” and add in their place the words “1200 New Jersey Avenue SE, Washington, DC 20590, or by electronic submission at http://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 17. The authority citation for part 205 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 411, 413, 417. § 205.4 [AMENDED] 18. In § 205.4(a), remove the reference “ http://ostpxweb.dot.gov” and add in its place “ https://www.transportation.gov/policy/aviation-policy/licensing/US-carriers ”. 19. In § 205.6, revise the section heading and paragraph (b)(2) to read as follows: § 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 20. The authority citation for part 206 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 415, 417, 419. 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] 22. Part 207 is removed. PART 208—[REMOVED] 23. Part 208 is removed. PART 211—APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS 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 [AMENDED] 25. In § 211.2(b), remove the words “subpart F” and add in their place the words “subpart E”. § 211.20 [AMENDED] 26. In § 211.20(c)(2)(i), remove the colon and add in its place a semicolon. § 211.31 [AMENDED] 27. In § 211.31(d), remove the period and add in its place “; and”. § 211.32 [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”. 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”. PART 213—TERMS, CONDITIONS AND LIMITATIONS OF FOREIGN AIR CARRIER PERMITS 33. The authority citation for part 213 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 411, 413, 415, 417. § 213.1 [AMENDED] 34. In § 213.1, remove “This regulation” and add in its place “This part”. § 213.2 [AMENDED] 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)”. § 213.5 [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)”. 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 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: Authority: 49 U.S.C. Chapters 401, 413, 417. 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] 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”. § 216.3 [AMENDED] 44. In § 216.3, remove the words “section 402 of the Act” and add in their place “49 U.S.C. 41301”. § 216.4 [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 add in its place “appendix A of this part”. § 217.8 [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] 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. § 217.11 [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: 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 Origin A-4—Airport code Destination A-5—Service class (mark an X) F G L P Q By aircraft type— B-1—Aircraft type code B-2— Revenue aircraft departures B-3— Revenue passengers transported B-4— Revenue freight transported (kg) Sum of all aircraft types— C-1—Total revenue passengers in market C-2—Total revenue freight in 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 A-3—Airport code Origin A-4—Airport code Destination A-5—Service class (mark an X) F G L P Q By aircraft type— B-1—Aircraft type code B-2— Revenue aircraft departures B-3— Revenue passengers transported B-4— Revenue freight transported (kg) Sum of all aircraft types— C-1—Total revenue passengers in market C-2—Total revenue freight in 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 Origin A-4—Airport code Destination A-5—Service class (mark an X) F G L P Q By aircraft type— B-1—Aircraft type code B-2— Revenue aircraft departures B-3— Revenue passengers transported B-4— Revenue freight transported (kg) Sum of all aircraft types— C-1—Total revenue passengers in market C-2—Total revenue freight in 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 Origin A-4—Airport code Destination A-5—Service class (mark an X) F G L P Q By aircraft type— B-1—Aircraft type code B-2— Revenue aircraft departures B-3— Revenue passengers transported B-4— Revenue freight transported (kg) Sum of all aircraft types— C-1—Total revenue passengers in market C-2—Total revenue freight in 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 Origin A-4—Airport code Destination A-5—Service class (mark an X) F G L P Q By aircraft type— B-1—Aircraft type code B-2— Revenue aircraft departures B-3— Revenue passengers transported B-4— Revenue freight transported (kg) Sum of all aircraft types— C-1—Total revenue passengers in market C-2—Total revenue freight in 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 NRT—Tokyo-Narita, Japan SFO—San Francisco, USA A-3—Airport code Origin A-4—Airport code Destination A-5—Service class (mark an X) F G L P Q By aircraft type— B-1—Aircraft type code B-2— Revenue aircraft departures B-3— Revenue passengers transported B-4— Revenue freight transported (kg) Sum of all aircraft types— C-1—Total revenue passengers in market C-2—Total revenue freight in 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 Origin A-4—Airport code Destination A-5—Service class (mark an X) F G L P Q By aircraft type— B-1—Aircraft type code B-2— Revenue aircraft departures B-3— Revenue passengers transported B-4— Revenue freight transported (kg) Sum of all aircraft types— C-1—Total revenue passengers in market C-2—Total revenue freight in 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 Origin A-4—Airport code Destination A-5—Service class (mark an X) F G L P Q By aircraft type— B-1—Aircraft type code B-2— Revenue aircraft departures B-3— Revenue passengers transported B-4— Revenue freight transported (kg) Sum of all aircraft types— C-1—Total revenue passengers in market C-2—Total revenue freight in 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 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 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”. § 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”. 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 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 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 [REMOVED AND RESERVED] 63. Section 221.106 is removed and reserved. PART 222—INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS 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”. 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”. § 222.5 [AMENDED] 68. In § 222.5, remove the word “Board” each place it appears and add in its place the word “Department”. Appendix A to Part 222 [REMOVED] 69. Appendix A to part 222 is removed. PART 223—FREE AND REDUCED-RATE TRANSPORTATION 70. The authority citation for part 223 is revised to read as follows: Authority: 49 U.S.C. 40113, 40114, and 41711. 71. Section 223.1 is revised to read as follows: § 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. § 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”. § 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: § 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 § 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. 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 Passenger origin-destination survey. 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. 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] Schedule No. Title Filing frequency Applicability by carrier group I II III *         *         *         *         *         *         * P-2 Notes to BTS Form 41 report Q (1) X X *         *         *         *         *         *         * 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”. PART 243—PASSENGER MANIFEST INFORMATION 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.) § 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 [AMENDED] 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,”. PART 247—DIRECT AIRPORT-TO-AIRPORT MILEAGE RECORDS 96. The authority citation for part 247 continues to read as follows: Authority: 49 U.S.C. chapter 401. § 247.1 [AMENDED] 97. In § 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)”. §§ 247.2 through 247.10 [ADDED AND RESERVED] 98. Add reserved §§ 247.2 through 247.10. PART 248—SUBMISSION OF AUDIT REPORTS 99. The authority citation for part 248 is revised to read as follows: Authority: 49 U.S.C. 329, 41102, 41708, and 41709. § 248.2 [AMENDED] 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”. PART 249—PRESERVATION OF AIR CARRIER RECORDS 101. The authority citation for part 249 continues to read as follows: Authority: 49 U.S.C. 329 and chapters 401, 411, 413, 417. §§ 249.6 and 249.10 [AMENDED] 102. In §§ 249.6(a) and 249.10, remove “this regulation” and add in its place “this part”. § 249.7 [AMENDED] 103. In § 249.7(b), remove the word “Board” and add in its place the word “Department”. § 249.9 [AMENDED] 104. In § 249.9, remove “these regulations” and add its place “this part”. PART 251—CARRIAGE OF MUSICAL INSTRUMENTS 105. The authority citation for part 251 continues to read as follows: Authority: 49 U.S.C. 41724. § 251.1 [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 CODE-SHARING ARRANGEMENTS AND LONG-TERM WET LEASES 111. The authority citation for part 257 continues to read as follows: 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. 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: § 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 113. The authority citation for part 258 continues to read as follows: Authority: 49 U.S.C. 40113(a) and 41712. § 258.3 [AMENDED] 114. In § 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 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. § 259.4 [AMENDED] 116. In § 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 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 criteria outlined in 49 U.S.C. Chapter 417. PART 272—[REMOVED AND RESERVED] 119. Part 272 is removed and reserved. PART 291—CARGO OPERATIONS IN INTERSTATE AIR TRANSPORTATION 120. The authority citation for part 291 is revised to read as follows: Authority: 49 U.S.C. 329, 41103, 41708, and 41709. 121. Throughout part 291, remove the words “of the Statute” and add in their place “of 49 U.S.C. Subtitle VII”. § 291.45 [AMENDED] 122. In § 291.45, remove the appendix to the section. 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). 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 § 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)”. PART 294—CANADIAN CHARTER AIR TAXI OPERATORS 125. The authority citation for part 294 continues to read as follows: 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”. § 296.3 [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”. PART 297—FOREIGN AIR FREIGHT FORWARDERS AND FOREIGN COOPERATIVE SHIPPERS ASSOCIATIONS 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”. 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 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 [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 http://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: § 298.50 Application. (a) * * * (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: § 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. § 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] 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)”. PART 300—RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER 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. § 300.0a [REMOVED] 145. Remove § 300.0a. § 300.2 [AMENDED] 146. In § 300.2(c)(5), remove the words “this rule” and add in their place the words “this section”. § 300.3 [AMENDED] 147. Amend § 300.3 as follows: a. In paragraph (b)(1), remove “(DMS)” and add in its place “( http://www.regulations.gov )” and remove the words “and Media Management.” b. In paragraph (b)(3), remove “ http://dms.dot.gov” and add in its place “ www.regulations.gov ”. 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 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. §§ 300.8, 300.9, 300.10, 300.10a, 300.11, 300.12, 300.13, and 300.14 [REMOVED] 149. Remove §§ 300.8, 300.9, 300.10, 300.10a, 300.11, 300.12, 300.13, and 300.14. § 300.15 [REDESIGNATED AS § 300.8 AND AMENDED] 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 [REMOVED] 151. Remove § 300.16. §§ 300.17 through 300.20 [REDESIGNATED AS §§ 300.9 through 300.12] 152. Redesignate §§ 300.17 through 300.20 as §§ 300.9 through 300.12, respectively. 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 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 “ http://www.regulations.gov ”. b. In paragraph (c), remove the words “the specified DOT DMS internet website” and add in their place “ http://www.regulations.gov ”. c. In paragraph (d)(1)(ii), remove the words “the DOT DMS internet website” and add in their place “ http://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 “ http://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. (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. 160. Throughout subpart D, remove the word “Deputy” wherever it appears. § 302.401 [AMENDED] 161. In § 302.401, remove the words “Subtitle VII of”. 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. (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 http://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: § 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: § 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. 170. Section 303.07 is revised to read as follows: § 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. 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: § 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, 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. § 303.32 [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: § 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 [AMENDED] 182. In § 305.10, add the words “of this chapter” immediately following “302.12” § 305.11 [AMENDED] 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)”. 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”. § 313.3 [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. 188. Throughout part 323, remove the words “of the Statute” and add in their place the words “of 49 U.S.C. Subtitle VII”. § 323.2 [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 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 190. The authority citation for part 325 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 417. 191. Throughout part 325, remove the words “point” and “points” and add in their place “place” and “places”, respectively. § 325.1 [AMENDED] 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: § 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 § 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: § 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. § 325.4 [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 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: § 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 § 325.7(e); or (c) A review was conducted of essential air service of that place under § 325.6. § 325.6 [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”. 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. 200. Throughout part 372, remove the words “of the Statute” and add in their place the words “of 49 U.S.C. Subtitle VII”. § 372.2 [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 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: 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 § 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 § 372.24(c) of part 372. 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. (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 212. The authority citation for part 375 continues to read as follows: Authority: 49 U.S.C. 40102, 40103, and 41703. § 375.1 [AMENDED] 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”. § 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: § 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, addres [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2019-02511. Public record. Not legal advice.