[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Proposed Rules]
[Pages 21684-21706]
[FR Doc No: 2018-08683]

Vol. 83

Wednesday,

No. 90

May 9, 2018

Part V

 Department of Transportation

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Office of the Secretary

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14 CFR Chapter II

Aviation Economic Regulation Amendments; Proposed Rule

Federal Register / Vol. 83 , No. 90 / Wednesday, May 9, 2018 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chapter II

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

Aviation Economic Regulation Amendments

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

ACTION: Notice of Proposed Rulemaking (NPRM).

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remaining obsolete provisions and correct outdated statutory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regulations that are obsolete or out-of-date.

DATES: Comments must be received on or before July 9, 2018. Comments
received after this date will be considered to the extent practicable.

ADDRESSES: You may file comments identified by docket number DOT-OST-
2014-0140 by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting
comments.
     Mail: Docket Operations Office, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC
20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the agency name and
docket number for this document at the beginning of the comment. To
avoid duplication, please use only one of these four methods. All
comments received will be posted without change to http://www.regulations.gov and will include any personal information you
provide. All comments received will be posted without change to the
Federal Docket Management System (FDMS), including any personal
information.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, to www.regulations.gov, as described in
the system of records notice, DOT/ALL-14 FDMS, accessible through
www.dot.gov/privacy. In order to facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
    Docket: For internet access to the docket to read background
documents or comments go to http://www.regulations.gov, or to the
street address listed above. Follow the online instructions for
accessing the dockets.

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;<PHONE_NUMBER>; fax: (202) 366-
9313; email: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION: 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 proposes to update the economic regulations by
modifying language to reflect current statutory provisions related to
these remaining issues. The proposed language is not intended to
diminish any existing Civil Aeronautics Board (CAB) provisions or
precedent still in effect. Thus, the Department is seeking comment on
whether any of the references to CAB or other referenced terms, which
are proposed for removal in this rulemaking, are still relevant and,
therefore, should be retained for precedential or other useful
purposes. We are also seeking comment on whether additional proposed
changes and updates to the Aviation Economic Rules (14 CFR parts 200
through 399) should be adopted.
    More specifically, this rule proposes updating the regulatory
language throughout 14 CFR parts 200-399 in the following ways: (1)
Where references to the CAB are no longer relevant, replacing the term
``Board'' or ``CAB'', where appropriate, with ``Department'', ``DOT''
or ``Predecessor''; (2) removing citations to the ``Federal Aviation
Act'' or ``Act'' and adding citations to the appropriate sections of
Title 49 of the United States Code; (3) inserting current names of
forms in place of outdated references to CAB forms; (4) adding up-to-
date titles for offices within the Department; and (5) updating 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 would be 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, the parts are obsolete and would be removed.
    Part 221 describes carrier obligations with respect to tariffs.
This rule proposes to revise 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 would
update and simplify existing passenger notification requirements and
consolidate such requirements into a single section. Specifically, the
rule would consolidate 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. As of 2017, a carrier's liability could be limited
under the 1999 Montreal Convention to 113,100 Special Drawing Rights
(SDR) for damages from death or injury, 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. The proposed rule would
also remove + references to agreements approved by CAB order. Carriers
will be provided until December 31, 2019, to comply with the signage
requirements of this part.
    Part 223 sets forth rules regarding free and reduced-rate
transportation. This

rule proposes to update part 223 by removing references to specific
sections of the ``Act'' such as ``under section 408 of the Act.''
Additionally, in section 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'' would be replaced
with the person-first terminology in alignment with the ADA. This rule
proposes to remove the term ``Handicapped passenger'' and would replace
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 would be 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 proposes to remove section 01 of part 241.
The section restates outdated statutory text and may 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 would
be 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 would be removed under this rule. The resulting
regulations will ensure 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 proposes to revise
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 have been completed and payments have now been
processed and paid, and all functions and responsibilities under this
section have been fulfilled. As a result, part 330 serves no further
purpose and would be 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 proposes
revising part 374 by updating the language in Sec.  374.3 regarding
references to Regulation B, 12 CFR part 202, and Regulation Z, 12 CFR
part 226. Enforcement responsibility for parts 202 and 226 has been
divided and reassigned among Federal government agencies. Accordingly,
the language in Sec.  374.3 will be 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 proposes revising
part 380 by updating Appendix 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. Appendix 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 Appendix A and B to
part 380 were published in 1998, various changes have been made to both
documents. Therefore, Appendix A and B would be 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 has
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 would ensure
that routine items are processed in a much more timely and efficient
manner. Thus, this rulemaking proposes to amend sections 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 proposes to authorize the Director to
issue Essential Air Service (EAS) Requests for Proposals and certain
final EAS selection orders. This expanded delegation alone would
relieve 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 proposes to expand
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 proposes to remove paragraphs (f), (h), and (i)
of section 385.12, as these requirements would be placed under the
authority of the Director of the Office of International Aviation in
section 385.13. Accordingly, subsections (g)-(k) would be re-
designated.
    Section 385.13 defines the authority of the Director of the Office
of International Aviation. This rule proposes to amend subsection (a)
of section 385.13 to grant the Director the authority to issue final
orders on uncontested tariff exemptions. This rulemaking also proposes
to amend subsection (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 proposes to add two
new subsections regarding fares and tariffs and amend subsection
385.13(r)(1) to give the Director the authority to exempt IATA \1\
agreements under section 41309; this would be in addition to the
Director's existing authority to approve or disapprove such agreements.
This rule also proposes adding new subsections (z)-(dd) that would: (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), 385.12(h), and
385.12(i).
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    \1\ International Air Transport Association.
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    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 has assigned several duties to
the General Counsel. Sections 385.14 and 385.15 would be revised to
reflect this assignment of duties. This rule would remove section
385.15 and transfer its functions to section 385.14.
    Part 389 describes fees and charges for special services. This rule
proposes to amend 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 proposes to amend part 398 by
removing an outdated provision for funding reductions in Sec.  398.11.
Section 398.11 was superseded by Public Law 106-69, Title III, Sec.
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 proposes removing fourteen
sections from this subpart (Sec. Sec.  399.30, 399.31, 399.32, 399.33,
399.34, 399.37, 399.40, 399.41, 399.42, 399.43, 399.44, 399.63,
399.101, and 399.111). These sections are obsolete because of the
Airline Deregulation Act of 1978 and the Civil Aeronautics Board Sunset
Act of 1984.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This NPRM 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 proposes to remove certain appendices, sections, and forms that
are no longer relevant. This rule does not propose any major policy
changes or impose significant new costs or burdens.

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

    This proposed rule is not expected to be an E.O. 13771 regulatory
action because this proposed rule is not significant under E.O. 12866.

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
would not have a significant impact on a substantial number of small
entities. The NPRM would impose 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. We have analyzed this NPRM in
accordance with the principles and criteria contained in the Order and
have determined that it does not have implications for federalism,
since it merely makes technical amendments to the existing regulations.
This NPRM does not have a substantial direct effect on, or sufficient
federalism implications for, the States, nor would it limit the
policymaking discretion of the States.

E. Executive Order 13175

    This NPRM has been analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this NPRM 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 NPRM.

G. National Environmental Policy Act

    The agency has analyzed the environmental impacts of this proposed
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 proposes to amend Title 14, Chapter II of
the Code of Federal Regulations as follows:

PART 200--DEFINITIONS AND INSTRUCTIONS

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

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

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

Sec.  200.1   Terms and definitions.

    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.
    (a) Department or DOT means the Department of Transportation.
    (b) Predecessor means the Civil Aeronautics Board (CAB).
    (c) Section refers to a section of Subtitle VII of Title 49 of the
United States Code (Transportation) or a section of the regulations in
this chapter, as indicated by the context. The terms in this section,
pursuant to this section, in accordance with the provisions of this
section, and words of similar import when used in this chapter refer to
the section of the subchapter in which such terms appear.
    (d) Rule, regulation, and order refer to the rules, regulations,
and orders prescribed by the Department pursuant to the 49 U.S.C.
Subtitle VII or its predecessor's rules, regulations, and orders that
are, by law, still in effect.
    (e) FAA means the Federal Aviation Administration, U.S. Department
of Transportation.
    (f) OST-R means the Office of the Assistant Secretary for Research
and Technology, U.S. Department of Transportation.
    (g) Secretary means the Secretary of Transportation, U.S.
Department of Transportation.

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

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

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

Sec.  201.1   [Amended]

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

Sec.  201.7   [Amended]

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

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

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

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

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

Sec.  203.3   Filing requirements for adherence to Montreal Convention.

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

Sec.  203.4   [Amended]

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

PART 204--DATA TO SUPPORT FITNESS DETERMINATIONS

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

    Authority:  49 U.S.C. Chapters 401, 411, and 417.
0
10. In Sec.  204.2, paragraphs (b) and (e) are revised to read as
follows:

Sec.  204.2   Definitions.

* * * * *
    (b) Certificate authority means authority to provide air
transportation granted by the Secretary of Transportation in the form
of a certificate of public convenience and necessity under 49 U.S.C.
41102 or an all-cargo air transportation certificate to perform all-
cargo air transportation under 49 U.S.C. 41103. Certificated carriers
are those that hold certificate authority, including those carriers
operating by law under the regulatory provisions under the Department's
predecessor.
* * * * *
    (e) Eligible place means a place in the United States that meets
the specified criteria outlined in Chapter 417 of 49 U.S.C.
* * * * *

Sec.  204.4   [REMOVED AND RESERVED]

0
11. Section 204.4 is removed and reserved.

Sec.  204.5   [Amended]

0
12. Amend Sec.  204.5 as follows:
0
a. In Sec.  204.5, in paragraph (c), at the end of the sentence, 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.''
0
b. In Sec.  204.5, in paragraph (d), at the end of the sentence, remove
the words

``Washington, DC 20590.'' and add, in their place, the words ``1200 New
Jersey Avenue SE, Washington, DC 20590.''

Sec.  204.7   [Amended]

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

PART 205--AIRCRAFT ACCIDENT LIABILITY INSURANCE

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

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

Sec.  205.4   [Amended]

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

Sec.  205.6   [Amended]

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

Sec.  205.6   Prohibited exclusion of coverage.

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

PART 207--[REMOVED]

0
17. Part 207 is removed.

PART 208--[REMOVED]

0
18. Part 208 is removed.

PART 211--APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS

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

    Authority:  49 U.S.C. 40101, 40102, 41101, 41301, and 41703.

Sec.  211.2   [Amended]

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

Sec.  211.20   [Amended]

0
21. In Sec.  211.20, in paragraph (c)(2)(i), at the end of the
sentence, remove the colon and add, in its place, a semicolon.

Sec.  211.31   [Amended]

0
22. In Sec.  211.31, in paragraph (d), at the end of the sentence,
remove the word ``required.'' and add, in its place, the words
``required; and''.

Sec.  211.32   [Amended]

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

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

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

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

Sec.  212.3   [Amended]

0
25. In Sec.  212.3, paragraph (c)(i) is redesignated as
``paragraph(c)(1)''.

Sec.  212.10   [Amended]

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

Sec.  212.11   [Amended]

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

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

0
28. Part 214 is amended by adding an authority citation to read as
follows:

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

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

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

    Authority:  49 U.S.C. Chapters 401, 411, 413, 417.
0
30. Section 215.1 is revised to read as follows:

Sec.  215.1   Applicability.

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

Sec.  215.4   [Amended]

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

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

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

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

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

Sec.  216.1   [Amended]

0
34. In Sec.  216.1, in paragraph (a), remove the word ``Act'' from the
list of definitions; in paragraph (b), remove the words ``section 101
of the Act'' and add, in their place, the words ``49.U.S.C. 40102''.

Sec.  216.3   [Amended]

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

Sec.  216.4   [Amended]

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

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

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

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

Sec.  217.10   [Amended]

0
38. In the Appendix to Section 217.10, remove paragraphs (a)(5),
(a)(6), and (a)(7).

Sec.  217.11   [Amended]

0
39. In Sec.  217.11, paragraph (b), remove the words ``subject to a
maximum fine of $10,000 or imprisonment for not more than 5 years, or
both,''.

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

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

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

Sec.  218.2   [Amended]

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

Sec.  218.3   [Amended]

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

Sec.  218.5   [Amended]

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

Sec.  218.6   [Amended]

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

PART 221--TARIFFS

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

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

0
46. Sec.  221.105 is revised to read as follows:

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

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

Advice to International Passengers on Limitations of Liability

    Passengers embarking upon a journey involving an ultimate
destination or a stop in a country other than the country of
departure are advised that the provisions of an international treaty
(the Warsaw Convention, the 1999 Montreal Convention, or other
treaty), as well as a carrier's own contract of carriage or tariff
provisions, may be applicable to their entire journey, including any
portion entirely within the countries of departure and destination.
The applicable treaty governs and may limit the liability of
carriers to passengers for death or personal injury, destruction or
loss of, or damage to, baggage, and for delay of passengers and
baggage.
    Additional protection can usually be obtained by purchasing
insurance from a private company. Such insurance is not affected by
any limitation of the carrier's liability under an international
treaty. For further information please consult your airline or
insurance company representative.

    (2) The statement prescribed herein shall be printed or displayed
in type at least as large as 10-point modern type and in ink
contrasting with the stock 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 insure 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.

Sec.  221.106   [REMOVED AND RESERVED]

0
47. Sec.  221.106 is removed and reserved.

PART 222--INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS

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

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

Sec.  222.2   [Amended]

0
49. In Sec.  222.2, in paragraphs (a) and (d), remove the word
``Board'' each place it appears, and add, in its place, the word
``Department''.
0
50. In Sec.  222.3, paragraphs (a) and (b) are revised to read as
follows:

Sec.  222.3   Application for Statement of Authorization.

    (a) Application for a Statement of Authorization shall be filed
with the Department's Foreign Air Carrier Licensing Division, Office of
International Aviation, in duplicate, on OST Form 4500. In most cases,
the Department will act upon applications for Statements of
Authorization within 60 days.
    (b) Persons objecting to an application for a Statement of
Authorization shall file their objections with the Foreign Air Carrier
Licensing Division, Office of International Aviation, within 28 days

of the filing date of the application. The Department will list the
names and nationalities of all persons applying for Statements of
Authorization in its Weekly Summary of Filings.
* * * * *

Sec.  222.4   [Amended]

0
51. In Sec.  222.4, in paragraphs (a), remove the word ``Board'' and
add, in its place, the word ``Department''; in paragraph (a)(1) remove
the words ``CAB Form 222'' and add, in their place, the words ``OST
Form 4500'', and remove the words ``Form 222'' and add, in their place,
the words ``Form 4500''; in paragraph (b), remove the word ``Board's''
and add, in its place, the word ``Department's''.

Sec.  222.5   [Amended]

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

PART 222--APPENDIX [REMOVED]

0
53. Appendix A to Part 222-CAB Form 222 is removed.

PART 223--FREE AND REDUCED-RATE TRANSPORTATION

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

    Authority:  49 U.S.C. 40113, 40114, and 41711.
0
55. Section 223.1 is revised to read as follows:

Sec.  223.1   Definitions.

    As used in this part, unless the context otherwise requires:
    An affiliate of a carrier means a person:
    (a) Who controls that carrier, or is controlled by that carrier or
by another person who controls or is controlled by that carrier; and
    (b) Whose principal business in purpose or in fact is:
    (1) The holding of stock in one or more carriers;
    (2) Transportation by air or the sale of tickets therefor;
    (3) 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
    (4) 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:
    (a) An air carrier;
    (b) An all-cargo air carrier operating under 49 U.S.C. 41102,
41103.
    (c) A foreign air carrier;
    (d) An intrastate carrier;
    (e) An air taxi (including a commuter air carrier) operating under
parts 294 or 298 of this chapter; and
    (f) 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:
    (a) With respect to carrier directors, officers, and employees,
persons receiving retirement benefits from any carrier;
    (b) With respect to the general public, persons not regularly
working at a full-time paying job, and not intending to do so in the
future.

Sec.  223.2   [Amended]

0
56. In Sec.  223.2, in paragraph (a), remove the words ``section 401 of
the Act'' and add, in their place, the words ``section 41102 of 49
U.S.C.''.

Sec.  223.6   [Amended]

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

Sec.  223.21   [Amended]

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

Sec.  223.22   [Amended]

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

Sec.  223.23   [Amended]

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

Sec.  223.25   [Amended]

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

PART 232 [REMOVED]

0
62. Part 232 is removed.

PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

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

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

PART 240--INSPECTION OF ACCOUNTS AND PROPERTY

0
64. The authority citation for part 240 is added to read as follows:

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

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

Sec.  240.1   Interpretation.

    (a) In the exercise of the authority granted by 49 U.S.C. 41709,
the authority of any special agent or auditor to inspect and examine
lands, buildings,

equipment, accounts, records, memorandums, papers or correspondence
shall include the authority to make such notes and copies thereof as he
or she deems appropriate.
    (b) The term ``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 below of an identification
card and credentials to any such employee shall be construed to be an
order and direction of the Department to such individual to inspect and
examine lands, buildings, equipment, accounts, records, and memorandums
in accordance with the authority conferred on the Department by 49
U.S.C. Subtitle VII.

THE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, OFFICE OF
THE SECRETARY OF TRANSPORTATION
[photo]

[number]

[expiration date]

IS APPOINTED

[title]

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

BY DIRECTION OF THE SECRETARY

Sec.  240.2   [Amended]

0
66. In Sec.  240.2, remove the word ``Board'' and add, in its place,
the word ``Department''; remove the word ``him'' and add, in its place,
the words ``him or her''; remove the word ``he'' and add, in its place,
the words ``he or she''.

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

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

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

Section 01 [Removed and Reserved]

0
68. In part 241, section 01 is removed and reserved.
0
69. In part 241, Section 03, remove the definition ``Act'' from where
it appears in the section; the definitions for ``Air transportation,
charter'' and ``Route, certificated'' are revised to read as follows:

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

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

Section 04 [AMENDED]

0
70. In part 241, Section 04, in paragraph (b), in the third sentence,
remove the words ``The Office of Airline Statistics'' and add, in their
place, ``The Office of Airline Information''.

Section 12 [AMENDED]

0
71. In part 241, Section 12-77, in the last sentence of paragraph (b),
remove the words ``, in the absence of such action by the Civil
Aeronautics Board,''.

Section 19 [AMENDED]

0
72. In part 241, Sec. 19-6(b)(2), in the first sentence, remove the
words ``Department under Title IV of the Federal Aviation Act of 1958,
as amended,'' and add, in their place, the words ``Department under 49
U.S.C. Subtitle VII,''.
0
73. In part 241, Sec. 19-7(a), in the last sentence, remove the word
``K-25'' and add, in its place, the word ``RTS-42''.
0
74. In Appendix A to part 241 Sec. 19-7, subsection I.B. Narrative
Description, in the first paragraph, remove the last sentence and add,
in its place, the sentence ``The authority for these instructions is
found in 14 CFR part 241, section 19-7.''

Section 21 [AMENDED]

0
75. In part 241, Section 21(a), remove the words ``subject to the
Federal Aviation Act of 1958, as amended,''; remove the words ``Civil
Aeronautics Board'' and add, in their place, the word ``BTS''.

Section 22 [AMENDED]

0
76. In part 241, Section 22, General Reporting Instructions, in the
List of Schedules in the BTS Form 41 Report, for Schedule No. P-2, in
the title, remove the word ``RSPA'' and add, in its place, the word
``BTS''; in paragraphs (c) and (j), remove the word ``Board'' each
place it appears, and add, in its place, the word ``BTS''.

Section 24 [AMENDED]

0
77. In part 241, Section 24, Schedule P-5.1, in paragraph (e), in the
fourth sentence, remove the words ``Board's Information Management
Division'' and add, in their place, the words ``Office of Airline
Information, RTS-42''.

PART 243--PASSENGER MANIFEST INFORMATION

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

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

Sec.  243.11   [Amended]

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

Sec.  243.13   [Amended]

0
80. In Sec.  243.13, in paragraph (c), remove the words ``Dockets
Facility (SVC-121.30)'' and add, in their place, the words ``Dockets
Management Facility (M-90)''; also remove the words ``by July 1, 1998,
or, for covered airlines beginning operations after July 1, 1998,''..

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

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

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

Sec.  247.1   [Amended]

0
82. In Sec.  247.1, remove the words ``Titles IV and X of the Federal
Aviation Act of 1958, as amended'' and add, in their place, the words
``Subtitle VII of Title 49 of the United States Code
(Transportation)''.

PART 248--SUBMISSION OF AUDIT REPORTS

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

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

Sec.  248.2   [Amended]

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

PART 249--PRESERVATION OF AIR CARRIER RECORDS

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

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

Sec.  249.7   [Amended]

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

PART 253--NOTICE OF TERMS OF CONTRACT OF CARRIAGE

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

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

Sec.  253.7   [Amended]

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

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

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

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

Sec.  257.3   [Amended]

0
90. In Sec.  257.3, remove the word ``(g)''; remove the reference ``49
U.S.C. 40102(40)'' and add, in its place, the reference ``49 U.S.C.
40102(45)''; the definition of ``Designator code'' is revised to read
as follows:

Sec.  257.3   Definitions

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

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

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

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

Sec.  258.3   [Amended]

0
92. In Sec.  258.3, in paragraph (d), at the end of the sentence,
delete the reference ``40102(40)'' and add, in its place, the reference
``40102(a)(45)''.

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

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

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

0
94. In Sec.  271.2, in the Definitions, the term ``Eligible place'' is
revised to read as follows:

Sec.  271.2   [Amended]

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

PART 272 [REMOVED AND RESERVED]

0
95. Part 272 is removed and reserved.

PART 291--CARGO OPERATIONS IN INTERSTATE AIR TRANSPORTATION

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

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

Sec.  291.45   [Amended]

0
97. In Sec.  291.45, in the Appendix to 291.45, paragraph (c), remove
the organizational code ``K-14'' and add, in its place ``RTS-42''.

Sec.  291.60   [Amended]

0
98. In Sec.  291.60, in paragraph (b)(2), in the first sentence, remove
the words ``Title IV of the Federal Aviation Act of 1958, as amended''
and add, in their place, the words ``Subtitle VII of Title 49 of the
United States Code (Transportation)''.

PART 294--CANADIAN CHARTER AIR TAXI OPERATORS

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

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

0
100. Throughout part 294, remove the words ``Special Authorities
Division'' and add, in their place, the words ``U.S. Air Carrier
Licensing/Special Authorities Division''.

Sec.  294.10   [Amended]

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

Sec.  294.30   [Amended]

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

PART 296--INDIRECT AIR TRANSPORTATION OF PROPERTY

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

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

Sec.  296.3   [Amended]

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

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

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

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

0
106. Throughout part 297, remove the words ``Aviation Analysis'' and
add, in their place, the words ``International Aviation''.
0
107. Throughout part 297, remove the words ``Special Authorities
Division'' and add, in their place, the words ``U.S. Air Carrier
Licensing/Special Authorities Division''.

Sec.  297.3   [Amended]

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

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

0
109. The authority citation for part 298 is revised to read as follows:

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

0
110. In Sec.  298.2, in the list of definitions, the term ``Eligible
place'' is revised to read as follows:

Sec.  298.2   Definitions.

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

Sec.  298.21   [Amended]

0
111. In Sec.  298.21:

0
a. In paragraph (a), remove the words ``Program Management Branch'' and
add, in their place, the words ``Technical Programs Branch''.
0
b. In 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<PHONE_NUMBER>, or on the internet at
https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/
afx/afs/afs200/afs260/exemptions/''.
0
c. In paragraph (d), in the first sentence, remove the words ``Program
Management Branch (AFS-260), 800 Independence Avenue SW, Washington, DC
20591'' and add, in their place, the words ``Technical Programs Branch
(AFS-260), 800 Independence Avenue SW, Room 831, Washington, DC
20591''.

Sec.  298.23   [Amended]

0
112. In Sec.  298.23, in paragraph (b), 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''; in the second sentence, 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''.

Sec.  298.50   [Amended]

0
113. In Sec.  298.50, in paragraph (a)(3), remove the words ``A $670
filing fee in the form of a check, draft, or postal money order payable
to the Department of Transportation'' and add, in their place, the
words ``A $670 filing fee submitted in accordance with the provisions
of Sec.  389.21''; 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,''.
0
114. In Sec.  298.60, revise paragraph (a) to read as follows:

Sec.  298.60   General reporting instruction.

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

Sec.  298.61  [Amended]

0
115. In Sec.  298.61 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.''
''; in paragraph (b), remove the words ``Schedule T-100 shall be filed
monthly as set forth in ``298.60.'', and add, in their place, the words
`` ``Schedule T-100 shall be filed monthly as set forth in Sec.
298.60'' ''; and in paragraph (e)(2), remove the organizational code
``K-14'' and add, in its place ``RTS-42''.

Sec.  298.70   [Amended]

0
116. In Sec.  298.70, in paragraph (d)(2), remove the words ``Title IV
of the Federal Aviation Act of 1958, as amended'' and add, in their
place, the words ``Subtitle VII of Title 49 of the United States Code
(Transportation)''.

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

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

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

Sec.  Sec.  300.0a, 300.8, 300.9, 300.10, 300.10a, 300.11, 300.12,
300.13, 300.14, and 300.16   [REMOVED]

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

0
118. Remove Sec. Sec.  300.0a, 300.8, 300.9, 300.10, 300.10a, 300.11,
300.12, 300.13, 300.14, and 300.16 and redesignate Sec. Sec.  300.17
through 300.20 as Sec. Sec.  300.9 through 300.12, respectively.

Sec.  300.3   [Amended]

0
119. In Sec.  300.3:
0
a. In paragraph (b)(1), remove the word ``(DMS)'' and add, in its
place, the words ``(http://www.regulations.gov)''; also remove the
words ``and Media Management.''
0
b. In paragraph (b)(3), remove the words ``http://dms.dot.gov'' and
add, in their place, the words ``www.regulations.gov''.
0
c. In paragraph (c)(1), remove the words ``and Media Management.''

Sec.  300.4   [Amended]

0
120. In Sec.  300.4, in paragraph (c), remove the reference ``paragraph
(a)'', and, in its place, add the reference ``paragraph (b)''; revise
paragraph (d) to read as follows:

Sec.  300.4   Separation of functions in hearing cases.

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

Sec.  300.8   [Removed and Reserved]

0
 121. Remove and reserve Sec.  300.8.

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

0
122. Redesignate Sec.  300.15 as Sec.  300.8; remove the word ``(a)'';
and remove paragraph (b) from the newly redesignated Sec.  300.8.

PART 302--RULES OF PRACTICE IN PROCEEDINGS

0
123. 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.

Sec.  302.3   [Amended]

0
124. In Sec.  302.3:
0
a. In paragraph (a)(1), in the second sentence, remove the words ``the
DOT Dockets Management System (DMS) internet website'' and add, in
their place, the words ``http://www.regulations.gov''.
0
b. In paragraph (c), in the third sentence, remove the words ``the
specified DOT DMS internet website'' and add, in their place, the words
``http://www.regulations.gov''.
0
c. In paragraph (d)(1)(ii), in the first sentence, remove the words
``the DOT DMS internet website'' and add, in their

place, the words ``http://www.regulations.gov''.

Sec.  302.4   [Amended]

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

Sec.  302.7   [Amended]

0
126. In Sec.  302.7, remove the word ``Sec.  302.4(a)(2)(iv)'' each
place it appears, and add, in its place, the word ``Sec.
302.4(a)(2)(i)(D)''.
0
127. In Sec.  302.24, paragraphs (g)(1)(iii) through (vi),
(g)(1)(viii), (g)(1)(ix), (g)(1)(xiv) through (xx), and (g)(2) and (3)
are revised to read as follows:

Sec.  302.24   Evidence.

* * * * *
    (g) * * *
    (1) * * *
    (iii) Reports of Traffic and Financial Data of all U.S. Air
Carriers issued by the Department or by its predecessor.
    (iv) Airline Traffic Surveys and Passenger Origin-Destination
Surveys, Domestic or International, compiled by the Department or its
predecessor and published and/or made available either to the public or
to parties in proceedings.
    (v) Compilations of data relating to competition in the airline
industry and made available to the public by the Department or its
predecessor.
    (vi) Passenger, mail, express, and freight data submitted to the
Department and its predecessor as part of ER-586 Service Segment Data
by U.S. carriers, or similar data submitted to the Department by U.S.
air carriers (T-100) or (T-100F) that are not confidential.
    (vii) * * *
    (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.
    (xiii) * * *
    (xiv) Monthly, quarterly and annual reports of the Immigration and
Naturalization Service, U.S. Department of Justice.
    (xv) All forms and reports required by the U.S. Postal Service to
be filed by air carriers authorized to transport mail.
    (xvi) All orders of the Postmaster General designating schedules
for the transportation of mail.
    (xvii) Publications of the Bureau of the Census of the U.S.
Department of Commerce (DOC) relating, but not necessarily limited, to
population, manufacturing, business, statistics, and any yearbooks,
abstracts, or similar publications published by DOC.
    (xviii) All Official Airline Guides, including the North American,
Worldwide, All-Cargo and quick reference editions, including electronic
versions.
    (xix) Official Railways Guide and Russell's Official National Motor
Coach Guide.
    (xx) The Rand McNally Commercial Atlas and Marketing Guide, and the
Rand McNally Road Atlas, United States, Canada, and Mexico.
    (2) Any fact contained in a document belonging to a category
enumerated in paragraph (g)(1) of this section shall be deemed to have
been physically incorporated into and made part of the record in such
proceedings. However, such taking of official notice shall be subject
to the rights granted to any party or intervener to the proceeding
under section 7(d) of the Administrative Procedure Act (5 U.S.C.
557(d)).
    (3) The decisions of the Department and its administrative law
judges may officially notice any appropriate matter without regard to
whether or not such items are contained in a document belonging to the
categories enumerated in paragraph (g)(1) of this section. However,
where the decision rests on official notice of a material fact or
facts, it will set forth such items with sufficient particularity to
advise interested persons of the matters that have been noticed.
* * * * *
0
128. Throughout Subpart D, remove the word ``Deputy'' wherever it
appears.

Sec.  302.401   [Amended]

0
129. In Sec.  302.401, remove the words ``Subtitle VII of''.
0
130. In Sec.  302.603, paragraph (b) is revised to read as follows:

Sec.  302.603   Contents of complaint or request for determination.

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

PART 303-- REVIEW OF AIR CARRIER AGREEMENTS

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

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

0
132. The introductory text to Sec.  303.01 is revised to read as
follows:

Sec.  303.01   Purpose.

    These regulations set 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 regulations and procedures supplement the rules
described in part 302 of this chapter, which also apply to the review
of air carrier agreements.
0
133. Section 303.02 is revised to read as follows:

Sec.  303.02   Definitions.

    (a) The term Assistant Secretary means the Assistant Secretary for
Aviation and International Affairs, or as delegated. As provided in 49
CFR 1.21, the Secretary or Deputy Secretary may exercise any authority
in lieu of the Assistant Secretary under the provisions of this part.
    (b) The term documents means (1) all written, recorded, transcribed
or graphic matter including letters, telegrams, memoranda, reports,
studies, forecasts, lists, directives, tabulations, logs, or minutes
and records of meetings, conferences, telephone or other conversations
or communications; and (2) all information contained in data processing
equipment or materials. The term does not include daily or weekly
statistical reports in whose place an annual or monthly summary is
submitted.
    (c) The term hearing means either a show-cause proceeding as
provided in Sec.  303.44 of this part or a full evidentiary hearing as
provided in Sec.  303.45 of this part, whichever is determined by the
Assistant Secretary to be appropriate.
    (d)-(g) [Reserved]
    (h) The term Section 41309 transaction means any contract,
agreement or discussion of a cooperative working arrangement within the
scope of 49 U.S.C. 41309.
    (i) [Reserved]
0
134. Section 303.3 is revised to read as follows:

Sec.  303.03   Requirement to file application.

    A person who seeks approval of a section 41309 transaction must
file the application with the Docket Operations Office, M-30, U.S.
Department of Transportation, 1200 New Jersey

Avenue SE, Washington, DC 20590, or by electronic submission at http://www.regulations.gov. The application must conform to the requirements
set forth in Sec. Sec.  303.04 and 303.05 of this part.
0
135. Section 303.04(i) is revised to read as follows:

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

* * * * *
    (i) The person submitting the application to the Department shall
send a complete copy of the application to the Chief, Transportation
Section, Antitrust Division of the Department of Justice, at the same
time as it is filed with the Docket Operations Office.
* * * * *
0
136. Section 303.05(a) is revised to read as follows:

Sec.  303.05   Applications requesting antitrust immunity.

    (a) Each application must state explicitly whether or not the
applicant seeks antitrust immunity under the provisions of 49 U.S.C.
41308. If antitrust immunity is requested, the application should
specify whether the applicant seeks full immunity or immunity only from
the provisions of sections 4, 4a and 4c of the Clayton Act, 15 U.S.C.
15, 15a, 15c. Each application seeking antitrust immunity shall contain
a statement explaining why the applicant believes immunity is in the
public interest and necessary in order for the transaction to proceed.
* * * * *
0
137. Section 303.06 is revised to read as follows:

Sec.  303.06   Review of antitrust immunity.

    The Assistant Secretary may initiate a proceeding to review any
antitrust immunity previously conferred by the Department's predecessor
or the Department in any section 41309 transaction. The Assistant
Secretary may terminate or modify such immunity if the Assistant
Secretary finds after notice and hearing that the previously conferred
immunity is not consistent with the provisions of section 41308. In any
proceeding to review such immunity, the proponents of the immunity
shall have the burden of justifying the continuation of previously
conferred immunity under the provisions of section 41308.
0
138. Section 303.07 is revised to read as follows:

Sec.  303.07   Transitional rule.

    If a section 41309 application or a request for antitrust immunity
under section 41308 is pending on the date this part is amended, such
application or request shall be deemed made pursuant to the provisions
of this part, as amended.
0
139. The title of Subpart D is revised to read as follows:

Subpart D--Section 41309 Applications

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

Sec.  303.30   General provisions concerning contents of applications.

    A Section 41309 application shall contain the following general
information:
* * * * *
    (c) If the contract, agreement or request for authority to discuss
a cooperative working arrangement is evidenced by a resolution or other
action of an air carrier association, the application shall contain the
resolution or other action and a certification by an authorized
employee of the association that the resolution or other action was
duly adopted on a certain date. The authorized employee shall also
specify in such certification the name of each air carrier that
concurred in such resolution or other action and the name of each air
carrier member that did not concur.
0
141. Section 303.31 is revised to read as follows:

Sec.  303.31   Justification for the application.

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

Sec.  303.32   [Amended]

0
142. In Sec.  303.32(a), in the first sentence, remove the words ``412
application'' and add, in their place, the words ``41309 application''.
0
143. In Sec.  303.42, paragraph (a) is revised to read as follow:

Sec.  303.42  Comments on application.

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

Sec.  303.43  [Amended]

0
144. In Sec.  303.43(b), remove the words ``412 application'' each
place they appear, and add, in their place, the words ``41309
application''.

PART 305--RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS

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

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

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

Sec.  305.1   [Amended]

0
147. In Sec.  305.1, remove the words ``Title IV or sections 101(3),
1002, 1003, or 1108(b) of the Act'' and add, in their place, the words
``49 U.S.C. Subtitle VII, Chapter 411 or 49 U.S.C. 40102(2), 41502,
41507, 41508, 41509, 41702, 41703, or 46101''.
0
148. Sec.  305.7(b) is revised to read as follows:

Sec.  305.7  Issuance of investigation subpenas.

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

Sec.  305.11  [Amended]

0
149. In Sec.  305.11, remove the word ``Deputy'' each place it appears;
and in the first sentence, remove the words ``, and any documentary
evidence obtained in the investigation will be returned to the persons
who produced it''.

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

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

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

Sec.  323.2   [Amended]

0
151. In Sec.  323.2, the terms ``Certificated carrier'' and ``Eligible
place'' are revised to read as follows:

Sec.  323.2  Definitions.

* * * * *
    Certificated carrier means a direct air carrier holding authority
to provide air transportation granted by the Department of
Transportation (``DOT'') in the form of a certificate of public
convenience and necessity under section 41102 of the Title 49 of the
United States Code (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 Chapter 417 of 49 U.S.C.
* * * * *

PART 325--ESSENTIAL AIR SERVICE PROCEDURES

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

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

Sec.  325.1  [Amended]

0
153. In Sec.  325.1, remove the words ``under section 419 of the Act''
and add, in their place, the words ``under 49 U.S.C. 41732''.
0
154. Section 325.2 is revised to read as follows:

Sec.  325.2   Applicability.

    This part applies to essential air service determinations for
communities designated as eligible under 49 U.S.C. 41731 and to
eligible place designations and essential air service determinations
for communities that qualify under 49 U.S.C. 41732 and 41733. It
applies to the gathering of data by the Department, and to the
participation of State, local, and other officials and other interested
persons in the designation and determination processes.
* * * * *
0
155. Section 352.3 is revised to read as follows:

Sec.  325.3   Definitions.

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

Sec.  325.4   [Amended]

0
156. Amend Sec.  325.4 as follows:
0
a. In Sec.  325.4, in paragraph (a), remove the words ``as an eligible
point under section 419(b) of the Act'' and add, in their place, the
words ``as an eligible place under 49 U.S.C. 41731''.
0
b. In paragraph (a)(1), remove the words ``section 401 certificate''
each place it appears, and add, in their place, the words ``section
41102 certificate''.
0
c. In paragraph (a)(3), remove the words ``eligible point'' and add, in
their place, the words ``eligible place''.
0
d. In paragraph (b), remove the words ``Documentary Services Division''
and add, in their place, the words ``Docket Operations Office''; remove
the words ``section 419(f) of the Act'' and add, in their place, the
words ``49 U.S.C. 41737''.
0
e. In paragraph (c), remove the words ``eligible point'' and add, in
their place, the words ``eligible place''; remove the words
``Documentary Services Division'' and add, in their place, the words
``Docket Operations Office''.
0
157. Section 325.5 is revised to read as follows:

Sec.  325.5   Determinations and designations.

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

Sec.  325.6   [Amended]

0
158. Amend Sec.  325.6 as follows:
0
a. In paragraph (a), remove the words ``eligible points'' each place it
appears, and add, in their place, the words ``eligible places''.
0
b. In paragraph (c), remove the words ``under section 419(b) of a
community as an eligible point to determine whether that point
continues'' and add, in their place, the words ``under 49 U.S.C. 41733
to determine whether the community designated as an eligible place
continues''.

PART 330 [REMOVED and RESERVED]

0
159. Part 330 is removed and reserved.

PART 372--OVERSEAS MILITARY PERSONNEL CHARTERS

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

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

Sec.  372.30   [Amended]

0
161. In Sec.  372.30, in paragraph (a), remove the words ``Office of
Aviation Analysis,'' and add, in their place, the words ``Office of
International Aviation''; in paragraph (a)(9), remove the word
``applicant'' and add, in its place, the word ``applicants''.
0
162. Revise Appendix A to Part 372 to read as follows:

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

    Know all persons by these presents, that we __ (name of charter
operator) of __ (address) as Principal (hereinafter called
``Principal''), and __ (name of surety) a corporation created and
existing under the laws of the State of __ (State) as Surety
(hereinafter called ``Surety'') are held and firmly bound unto the
United States of America in the sum of __ (see Sec.  372.24(a), 14
CFR part 372) for which payment, well and truly to be made, we bind
ourselves and our heirs, executors, administrators, successors, and
assigns, jointly and severally firmly by these presents.
    Whereas Principal is an overseas military personnel charter
operator pursuant to the provisions of Part 372 of the Department's
regulations and other rules and regulations of the Department
relating to security for the protection of charter participants, and
has elected to file with the Department of Transportation such a
bond as will insure financial responsibility with respect to all
monies received from charter participants for services in connection
with overseas military personnel charters to be operated subject to
Part 372 of the Department's Special Regulations in accordance with
contracts, agreements, or arrangements therefor, and
    Whereas this bond is written to assure compliance by Principal
as an authorized charter operator with Part 372 of the Department's
regulations, and other rules and regulations of the Department
relating to security for the protection of charter participants, and
shall inure to the benefit of any and all charter participants to
whom Principal may be held legally liable for any damages herein
described.
    Now, therefore, the condition of this obligation is such that if
Principal shall pay or cause to be paid to charter participants any
sum or sums for which Principal may be held legally liable by reason
of Principal's failure faithfully to perform, fulfill and carry out
all contracts, agreements, and arrangements made by Principal while
this bond is in effect with respect to the receipt of moneys from
charter participants, and proper disbursement thereof pursuant to
and in accordance with the provisions of Part 372 of the
Department's regulations, then this obligation shall be void,
otherwise to remain in full force and effect.
    The liability of Surety with respect to any charter participant
shall not exceed the charter price paid by or on behalf of such
participant.

    The liability of Surety shall not be discharged by any payment
or succession of payments hereunder, unless and until such payment
or payments shall amount in the aggregate to the penalty (face
amount) of the bond, but in no event shall Surety's obligation
hereunder exceed the amount of said penalty.
    Surety agrees to furnish written notice to the Office of
International Aviation, Department of Transportation, forthwith of
all suits or claims made and judgments rendered, and payments made
by Surety under this bond.
    This bond shall cover the following Charters: \1\
---------------------------------------------------------------------------

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

Surety company's bond No.----------------------------------------------
Date of flight departure-----------------------------------------------
Place of flight departure----------------------------------------------

    This bond is effective on the __ day of __, 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 __ 20__.

PRINCIPAL

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

SURETY

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

    Only corporations may qualify to act as surety and they must
meet the requirements set forth in Sec.  372.24(c) of Part 372.

PART 374--[AMENDED]

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

    Authority:  15 U.S.C. 1601-1693r; 49 U.S.C., Subtitle VIII; and
12 CFR 202 and 1026.

Sec.  374.3   [Amended]

0
164. In Sec.  374.3, in paragraph (b), in the first sentence, remove
the words ``12 CFR part 202'' and add, in their place, the words ``12
CFR part 1002''; in the first sentence, remove the words ``12 CFR part
226'' and add, in their place, the words ``12 CFR part 1026''.

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

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

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

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

Sec.  374a.1   Purpose.

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

Sec.  374a.3   [Amended]

0
167. In Sec.  374a.3, in the term ``Air carrier'' remove the words
``section 401 of the Federal Aviation Act of 1958, as amended'' and
add, in their place, the words ``49 U.S.C. 41102''.
0
168. Section 374a.5 is revised to read as follows:

Sec.  374a.5   Exemption authority.

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

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

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

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

Sec.  375.1   [Amended]

0
170. In Sec.  375.1, remove the term ``Act''; in the term ``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,
the words ``(see 49 U.S.C. 40102 (a)(5) and (a)(24))''; in the term
``Exemption'' remove the words ``under section 416(b) of the Act'' and
add, in their place, the words ``under 49 U.S.C. 40109''; in the term
``Foreign air carrier permit'' remove the words ``section 402 of the
Act'' and add, in their place, the words ``49 U.S.C. 41301''; in the
term ``Foreign aircraft permit'' remove the words ``section 1108(b) of
the Act'' and add, in their place, the words ``49 U.S.C. 41703''.

Sec.  375.19   [Amended]

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

Sec.  375.33   [Amended]

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

Sec.  375.35   [Amended]

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

Sec.  375.43   [Amended]

0
174. In Sec.  375.43, in paragraph (e)(1), remove the words ``Aviation
Operations'' and add, in their place, the words ``International
Aviation''; in Sec.  375.43, paragraph (a) is revised to read as
follows:

Sec.  375.43   Application for foreign aircraft permit.

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

Sec.  375.50   [Amended]

0
175. Amend Sec.  375.50 as follows:
0
a. In paragraph (b), in the first sentence, remove the words ``Chief,
Discrete Operations Branch, Licensing Division, P-45, Office of
Aviation Operations'' and add, in their place, the words ``Chief,
Foreign Air Carrier Licensing Division, X-45, Office of International
Aviation''.
0
b. In paragraph (e), remove the words ``section 1108(b) of the Act''
and add, in their place, the words ``section 41703 of 49 U.S.C.''.
0
c. In paragraph (h), in the first sentence, remove the words ``Federal
Aviation Act'' and add, in their place,

the words ``49 U.S.C. Subtitle VII''; in the fourth sentence, remove
the words ``section 402 or 416(b) of the Act'' and add, in their place,
the words ``section 41301 or 41709 of 49 U.S.C.''.

Sec.  375.60   [Amended]

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

Sec.  375.60   Penalties.

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

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

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

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

Sec.  377.1   [Amended]

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

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

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

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

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

Sec.  377.10   [Amended]

0
181. In paragraph(c)(3), remove the words ``section 402 of the Act and
exemptions issued under section 416 '' and add, in their place, the
words ``section 41301 of 49 U.S.C. and exemptions issued under section
41708 of 49 U.S.C.''.

PART 380--PUBLIC CHARTERS

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

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

0
183. Throughout part 380, remove the words ``Office of Aviation
Analysis'' and add, in their place, the words ``Office of International
Aviation''.
0
184. Throughout part 380, remove the words ``Special Authorities
Division'' and add, in their place, the words ``U.S. Air Carrier
Licensing/Special Authorities Division''.

Sec.  380.1   [Amended]

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

Sec.  380.2   [Amended]

0
186. In Sec.  380.2, in the list of definitions, the term ``Foreign
Public Charter opertor'' is revised to read ``Foreign Public Charter
operator''.

Sec.  380.3   [Amended]

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

Sec.  380.14   [Amended]

0
188. In Sec.  380.14, at the beginning of the paragraph, remove the
word ``Noting'' and add, in its place, the word ``Nothing''.

Sec.  380.15   [Amended]

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

Sec.  380.32   [Amended]

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

Sec.  380.34   [Amended]

0
191. In Sec.  380.34, in paragraph (b)(2)(i), at the end of the
paragraph, remove the words ``credit cared'' and add, in their place,
the words ``credit card''.

PART 380--APPENDIX A AND B [AMENDED]

0
192. Revise Appendix A and B to part 380 to read as follows:

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

    Know all persons by these presents, that we __(name of charter
operator) of __ (city) __ (state) as Principal (hereinafter called
Principal), and __ (name of surety) a corporation created and
existing under the laws of the State of __ (State) as Surety
(hereinafter called Surety) are held and firmly bound unto the
United States of America in the sum of $__ (see 14 CFR 380.34) for
which payment, well and truly to be made, we bind ourselves and our
heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
    Whereas Principal intends to become a Public Charter operator
pursuant to the provisions of 14 CFR part 380 and other rules and
regulations of the Department relating to insurance or other
security for the protection of charter participants, and has elected
to file with the Department of Transportation such a bond as will
insure financial responsibility with respect to all moneys received
from charter participants for services in connection with a Public
Charter to be operated subject to Part 380 of the Department's
regulations in accordance with contracts, agreements, or
arrangements therefore, and
    Whereas this bond is written to assure compliance by Principal
as an authorized charter operator with 14 CFR part 380 and other
rules and regulations of the Department relating to insurance and
other security for the protection of charter participants, and shall
inure to the benefit of any and all charter participants to whom
Principal may be held legally liable for any damages herein
described.
    Now, therefore, the condition of this obligation is such that if
Principal shall pay or cause to be paid to charter participants any
sum or sums for which Principal may be held legally liable by reason
of Principal's failure faithfully to perform, fulfill and carry out
all contracts, agreements, and arrangements made by Principal while
this bond is in effect with respect to the receipt of moneys from
charter participants, and proper disbursement thereof pursuant to
and in accordance with the provisions of 14 CFR part 380, then this
obligation shall be void, otherwise to remain in full force and
effect.
    The liability of Surety with respect to any charter participant
shall not exceed the

charter price paid by or on behalf of such participant.
    The liability of Surety shall not be discharged by any payment
or succession of payments hereunder, unless and until such payment
or payments shall amount in the aggregate to the penalty of the
bond, but in no event shall Surety's obligation hereunder exceed the
amount of said penalty.
    Surety agrees to furnish written notice to the U.S. Air Carrier
Licensing/Special Authorities Division, X-44, Office of
International Aviation, Department of Transportation, forthwith of
all suits or claims filed and judgments rendered, and payments made
by Surety under this bond.
    The bond shall cover the following charters \1\
---------------------------------------------------------------------------

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

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

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

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

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

PRINCIPAL

Name-------------------------------------------------------------------

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

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

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

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

    This Trust Agreement is entered into between __ (charter
operator) incorporated under the laws of __ with its principal place
of business being __ (hereinafter called ``Operator''), and __
(Bank) with its principal place of business being __ (hereinafter
called ``Trustee''), for the purpose of creating a trust to become
effective as of the __ day of __, 20 __, which trust shall continue
until terminated as hereinafter provided.
    Operator intends to become a Public Charter operator pursuant to
the provisions of Part 380 of the Department's regulations and other
rules and regulations of the Department relating to insurance or
other security for the protection of charter participants, and has
elected to file with the Department of Transportation such a Surety
Trust Agreement as will insure financial responsibility with respect
to all monies received from charter participants for services in
connection with a Public Charter to be operated subject to Part 380
of the Department's regulations in accordance with contracts,
agreements, or arrangements therefore.
    This Surety Trust Agreement is written to assure compliance by
Operator with the provisions of Part 380 of the Department's
regulations and other rules and regulations of the Department
relating to insurance or other security for the protection of
charter participants. It shall inure to the benefit of any and all
charter participants to whom Operator may be held legally liable for
any of the damages herein described.
    It is mutually agreed by and between Operator and Trustee that
Trustee shall manage the corpus of the trust and carry out the
purposes of the trust as hereinafter set forth during the term of
the trust for the benefit of charter participants (who are
hereinafter referred to as ``Beneficiaries.'')
    Beneficiaries of the trust created by this Agreement shall be
limited to those charter participants who meet the following
requirements:
    1. Those for whom Operator or Operator's agent has received
payment toward participation in one or more charters operated by or
proposed to be operated by Operator.
    2. Who have legal claim or claims for money damages against
Operator by reason of Operator's failure faithfully to perform,
fulfill, and carry out all contracts, agreements, and arrangements
made by Operator while this trust is in effect with respect to the
receipt of monies and proper disbursement thereof pursuant to Part
380 of the Department's regulations; and
    3. Who have given notice of such claim or claims in accordance
with this Trust Agreement, but who have not been paid by Operator.
    The operator shall convey to Trustee legal title to the trust
corpus, which has a value of $__ by the time of the execution of
this Agreement.
    Trustee shall assume the responsibilities of Trustee over the
said trust corpus and shall distribute from the trust corpus to any
and all Beneficiaries to whom Operator, in its capacity as a Public
Charter operator, may be held legally liable by reason of Operator's
failure faithfully to perform, fulfill, and carry out all contracts,
agreements, and arrangements made by Operator, while this trust is
in effect with respect to the receipt of monies and proper
disbursement thereof pursuant to Part 380 of the Department's
regulations in connection with said charters, such damages as will
discharge such liability while this trust is in effect; Provided,
however, that the liability of the trust to any Beneficiary shall
not exceed the charter price (as defined in Part 380 of the
Department's regulations) paid by or on behalf of any such
Beneficiary; Provided, further, that there shall be no obligation of
the trust to any Beneficiary if Operator shall pay or cause to be
paid to any Beneficiary any sum or sums for which Operator may be
held legally liable by reasons of its failure faithfully to perform,
fulfill, and carry out all contracts, agreements, and arrangements
made by Operator in its capacity as Public Charter Operator while
this trust is in effect with respect to the receipt of monies and
proper disbursement thereof pursuant to Part 380 of the Department's
regulations; and provided still further, that the liability of the
trust as administered by Trustee shall not be discharged by any
payment or succession of payments hereunder, unless and until such
payment or payments, shall amount in the aggregate to $__.
Notwithstanding anything herein to the contrary, in no event shall
the obligation of the trust or Trustee hereunder exceed the
aggregate amount of $__.
    Trustee agrees to furnish written notice to the U.S. Air Carrier
Licensing/Special Authorities Division, X-44, Office of
International Aviation, Department of Transportation, forthwith of
all suits or claims filed and judgments rendered (of which it has
knowledge), and of payments made by Trustee under the terms of this
trust.
    The trust shall not be liable hereunder for the payment of any
damages hereinbefore described which arise as a result of any
contracts, agreements, undertakings, or arrangements for the
supplying of transportation and other services made by Operator
after the termination of this trust as herein provided, but such
termination shall not affect the liability of the trust hereunder
for the payment of any damages arising as a result of contracts,
agreements, or arrangements for the supplying of transportation and
other services made by Operator prior to the date that such
termination becomes effective.
    Liability of the trust shall in all events be limited only to a
Beneficiary or Beneficiaries who shall within sixty days after the
termination of the particular charter give written notice of claim
to Operator or, if it is unavailable, to Trustee, and all liability
of

the trust with respect to participants in a charter shall
automatically terminate sixty days after the termination date of
each particular charter covered by this trust except for claims made
in the time provided herein.
    Sixty-one days after the completion of the last charter covered
by this Trust Agreement, the trust shall automatically terminate
except for claims of any Beneficiary or Beneficiaries previously
made in accordance with this Agreement still pending on and after
said sixty-first day. To the extent of such claims, the trust shall
continue until those claims are discharged, dismissed, dropped, or
otherwise terminated. After all remaining claims which are covered
by this Trust Agreement pending on and after the said sixty-first
day have been discharged, dismissed, dropped, or otherwise
terminated; Trustee shall convey forthwith the remainder of the
trust corpus, if any, to Operator.
    Either Operator or Trustee may at any time terminate this trust
by written notice to: ``U.S. Air Carrier Licensing/Special
Authorities Division, X-44, Office of International Aviation, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, W-86-445,
Washington, DC 20590,'' such termination to become effective thirty
days after the actual receipt of said notice by the Department.
    In the event of any controversy or claim arising hereunder,
Trustee shall not be required to determine same or take any other
action with respect thereto, but may await the settlement of such
controversy or claim by final appropriate legal proceedings, and in
such event shall not be liable for interest or damages of any kind.
    Any Successor to Trustee by merger, consolidation, or otherwise,
shall succeed to this trusteeship and shall have the powers and
obligations set forth in this Agreement.
    The trust created under this Agreement shall be operated and
administered under the laws of the State of __.
    IN WITNESS WHEREOF, Operator and Trustee have executed this
instrument on the date(s) shown below.

Operator ______ (signature)

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

Name ______ (typed or printed)
Title------------------------------------------------------------------

Trustee ______ (signature)
Date-------------------------------------------------------------------

Name ______ (typed or printed)
Title------------------------------------------------------------------

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

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

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

Sec.  385.1  [Amended]

0
194. In Sec.  385.1:
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a. In the term ``Precedent'' remove the words ``by the Board'' and add,
in their place, the words ``by its predecessor''.
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b. In the term ``Reviewing Official'' remove the word ``Deputy''.

Sec.  385.2  [Amended]

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

Sec.  385.7  [Amended]

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196. In Sec.  385.7, remove the word ``Deputy''.

Sec.  385.12  [Amended]

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197. In Sec.  385.12, paragraphs (f), (h), and (i) are removed;
paragraphs (g), (j), and (k) are re-designated as paragraphs (f), (g),
and (h), respectively; and the newly redesignated paragraphs (f), (g)
and (h) are revised to read as follows:

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

* * * * *
    (f) To approve certificates of insurance filed with the Department
on behalf of U.S. and foreign air carriers in accordance with the
provisions of part 205 of this chapter.
    (g) With respect to mail rates:
    (1) To issue show-cause orders proposing to make modifications of a
technical nature in the mail rate formula applicable to temporary or
final service mail rate orders.
    (2) To issue final orders establishing temporary and final service
mail rates:
    (i) In those cases where no objection has been filed following
release of the show-cause order, and where the rates established are
the same as those proposed in the show-cause order; and
    (ii) In those cases where it is necessary to make modifications of
a technical nature in the rates proposed in the show-cause order.
    (3) To issue final orders amending mail rate orders of air carriers
to reflect changes in the names of the carriers subject to the orders.
    (4) To issue a letter, in the case of air mail contracts filed with
the Department under part 302 of this chapter against which no
complaints have been filed, stating that the contract will not be
disapproved by the Department and may become effective immediately.
    (5) To issue final orders making quarterly fuel rate adjustments to
Alaska bush and mainline mail rates set by the Department under 49
U.S.C. Sec. Sec.  41901, 41902, and 41903.
    (h) With respect to essential air service proceedings:
    (1) To establish procedural dates.
    (2) To issue orders setting interim rates of compensation for
carriers required to provide essential air service.
    (3) To issue orders approving a carrier's alternate service pattern
if:
    (i) The resulting level of service at the eligible place would be
equal to or greater than the level of service earlier determined to be
essential for that place;
    (ii) The community concerned does not object to the carrier's
implementation of the alternate service pattern; and
    (iii) The carrier is not receiving a subsidy for the service or
implementation of the alternate service pattern would not increase the
carrier's subsidy.
    (4) To issue orders adjusting the operational and/or financial unit
rates of the payout formula for a carrier receiving subsidy under
section 41732 of the Statute where the adjustment will not increase the
total amount of compensation that the carrier will receive.
    (5) To renew, up to five times in succession, an order under
section 41734 of the Statute to an air carrier to continue providing
essential air service while the Department attempts to find a
replacement carrier.
    (6) To request service and subsidy proposals from carriers
interested in providing essential air service to an eligible place.
    (7) To issue final orders establishing interim or final subsidy
rates under section 41732 or final adjustments of compensation for
continued service under section 41732 in those cases where no objection
has been filed to a show-cause order, and where the rates established
are the same as or less than those proposed in the approved show-cause
order.
    (8) With respect to provisions for terminations, suspensions, or
reductions of service under part 323 of this chapter:
    (i) To require any person who files a notice, objection, or answer
to supply additional information.
    (ii) To require service of a notice, objection, or answer upon any
person.
    (iii) To accept late-filed objections or answers, upon motion, for
good cause shown.
    (iv) To extend the time for filing objections for answers, when the
initial notice has been filed earlier than required under Sec.  323.5.
    (9) To issue final air carrier selection orders establishing final
subsidy rates for EAS provided under 49 U.S.C. 41733:
    (i) Where the compensation to be paid is the same as or less than
the existing rate, and where the community does not object to the
selected option;
    (ii) For EAS eligible Alaska communities, when the subsidy rate to
be paid is less than $125,000, and where the community does not object
to the selected option;
    (iii) In cases where only one air carrier submitted one service or
subsidy option.

    (10) With respect to provisions for terminations, suspensions, or
reductions of service under part 323 of this chapter:
    (i) To require any person who files a notice, objection, or answer
to supply additional information.
    (ii) To require service of a notice, objection, or answer upon any
person.
    (iii) To accept late-filed objections or answers, upon motion, for
good cause shown.
    (iv) To extend the time for filing objections for answers, when the
initial notice has been filed earlier than required under Sec.  323.5.
    (11) To issue procedural orders or notices in antitrust immunity
cases filed under 14 CFR part 303 with respect to:
    (i) Granting or denying requests for adjustments to procedural
deadlines where there is no objection;
    (ii) Making other adjustments to a procedural schedule where the
policy is clear and consistent with precedent;
    (iii) Granting parties to a proceeding access to confidential
documents filed under a request for public non-disclosure pursuant to
14 CFR 302.12, where providing such access is consistent under current
policy and precedent; and
    (iv) In uncontested proceedings, ordering the filing of additional
documents deemed relevant to the Department's consideration of the
application, including the filing of documents for in-camera review,
where doing so is consistent with past policy and precedent.

Sec.  385.13   [Amended]

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198. Amend Sec.  385.13 by:
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a. Removing paragraph (b)(4).
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b. Redesignating paragraphs (b)(2) and (3) as (b)(3) and (4),
respectively.
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c. Adding new paragraphs (b)(2), (5) and (6).
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d. Removing the words ``pursuant to Civil Aeronautics Board Order E-
9305 of June 15, 1955'' and adding in its place the words ``agreements
filed pursuant to previous statutory authority of the Department's
predecessor'' in paragraph (r) introductory text.
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e. Revising paragraph (r)(1).
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f. Adding new paragraphs (z)-(dd) to read as follows:

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

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