[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Rules and Regulations]
[Pages 15920-15948]
[FR Doc No: 2019-02511]

Vol. 84

Tuesday,

No. 73

April 16, 2019

Part IV

Department of Transportation

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14 CFR Chapter II

 Elimination of Obsolete Provisions and Correction of Outdated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

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

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chapter II

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

Elimination of Obsolete Provisions and Correction of Outdated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

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

ACTION: Final rule.

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obsolete provisions and correct outdated statutory references.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obsolete or out-of-date.

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

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

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

SUPPLEMENTARY INFORMATION:

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

I. Background

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

II. Discussion of the Final Rule

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

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

IATA \1\ agreements under section 41309; this is in addition to the
Director's existing authority to approve or disapprove such agreements.
This rule also adds new paragraphs (z) through (dd) that: (1) Authorize
the Director to issue orders and notices adjusting the Standard Foreign
Fare Level; (2) authorize the Director to issue notices updating the
list of country-pair markets in tariff-filing categories under part 293
of this chapter; (3) give the Director assigned authority as to certain
matters processed by the Office of International Aviation's U.S. Air
Carrier Licensing/Special Authorities Division; and (4) add
requirements moved from Sec.  385.12(f), (h), and (i).
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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 assigned several duties to the
General Counsel. Sections 385.14 and 385.15 are revised to reflect this
assignment of duties. This rule removes Sec.  385.15 and transfers its
functions to Sec.  385.14.
    Part 389 describes fees and charges for special services. This rule
amends part 389 by (1) removing references to organizations and
position titles that no longer exist and replacing them with references
to appropriate organizations and positions, (2) correcting the filing
fees charged for special services to reflect a recent rulemaking
action, (3) allowing for payment of filing fees using the internet, and
(4) revising the descriptions of licenses for which the Department
charges filing fees.
    Part 398 establishes guidelines for the determination of basic
essential air service. The Department amends part 398 by removing an
outdated provision for funding reductions in Sec.  398.11. Section
398.11 was superseded by Public Law 106-69, Title III, section 332,
October 9, 1999, 113 Stat. 1022.
    Part 399, subpart C, sets forth the Department's policies related
to rates and tariffs. This rulemaking action removes fourteen sections
from this subpart (Sec. Sec.  399.30, 399.31, 399.32, 399.33, 399.34,
399.37, 399.40, 399.41, 399.42, 399.43, 399.44, 399.63, 399.101, and
399.111). These sections are obsolete because of the Airline
Deregulation Act of 1978 and the Civil Aeronautics Board Sunset Act of
1984.
    While not originally proposed in the notice of proposed rulemaking
(NPRM) published on May 9, 2018 (83 FR 21684), this final rule also
updates the section reference for the definition of small aircraft
found in Sec.  399.73 from ``Sec.  298.3'' to ``Sec.  298.2''. Under
the Administrative Procedure Act, an agency may waive the normal notice
and comment procedures if the agency, for good cause, finds that those
procedures are impracticable, unnecessary, or contrary to the public
interest. See 5 U.S.C. 553(b)(B). Since this amendment is merely a
minor technical correction, notice and comment are unnecessary.

III. Comment Discussion

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

IV. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

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

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

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

C. Regulatory Flexibility Act

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

D. Executive Order 13132 (Federalism)

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

E. Executive Order 13175

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

F. Paperwork Reduction Act

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

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

G. National Environmental Policy Act

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

List of Subjects

14 CFR Part 200

    Air transportation.

14 CFR Part 201

    Air carriers, Reporting and recordkeeping requirements.

14 CFR Part 203

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

14 CFR Part 204

    Air carriers, Reporting and recordkeeping requirements.

14 CFR Part 205

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

14 CFR Part 207

    Air carriers, Charter flights.

14 CFR Part 208

    Air carriers, Charter flights.

14 CFR Part 211

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

14 CFR Part 212

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

14 CFR Part 214

    Air carriers, Charter flights.

14 CFR Part 215

    Air carriers, Reporting and recordkeeping requirements, Trade
names.

14 CFR Part 216

    Air carriers.

14 CFR Part 217

    Air carriers, Reporting and recordkeeping requirements.

14 CFR Part 218

    Air carriers, Aircraft, Airmen.

14 CFR Part 221

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

14 CFR Part 222

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

14 CFR Part 223

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

14 CFR Part 232

    Administrative practice and procedure, Air carriers, Postal
Service.

14 CFR Part 234

    Air carriers, Consumer protection, Reporting and recordkeeping
requirements.

14 CFR Part 240

    Air carriers, Uniform System of Accounts.

14 CFR Part 241

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

14 CFR Part 243

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

14 CFR Part 247

    Air carriers, Airports.

14 CFR Part 248

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

14 CFR Part 249

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

14 CFR Part 253

    Air carriers, Consumer protection.

14 CFR Part 257

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

14 CFR Part 258

    Air carriers, Consumer protection, Reporting and recordkeeping
requirements.

14 CFR Part 271

    Air carriers, Grant programs-transportation.

14 CFR Part 272

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

14 CFR Part 291

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

14 CFR Part 294

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

14 CFR Part 296

    Air carriers, Freight forwarders, Research.

14 CFR Part 297

    Air carriers, Freight forwarders.

14 CFR Part 298

    Air taxis, Reporting and recordkeeping requirements.

14 CFR Part 300

    Administrative practice and procedure, Conflict of interests.

14 CFR Part 302

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

14 CFR Part 303

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

14 CFR Part 305

    Administrative practice and procedure, Air carriers,
Investigations.

14 CFR Part 323

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

14 CFR Part 325

    Administrative practice and procedure, Air transportation,

Intergovernmental relations, Reporting and recordkeeping requirements.

14 CFR Part 330

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

14 CFR Part 372

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

14 CFR Part 374

    Air carriers, Consumer protection, Credit.

14 CFR Part 374a

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

14 CFR Part 375

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

14 CFR Part 377

    Administrative practice and procedure, Air carriers.

14 CFR Part 380

    Charter flights, Reporting and recordkeeping requirements, Surety
bonds.

14 CFR Part 385

    Organization and functions (Government agencies).

14 CFR Part 389

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

14 CFR Part 398

    Air transportation.

14 CFR Part 399

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

The Amendment

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

PART 200--DEFINITIONS AND INSTRUCTIONS

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

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

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

Sec.  200.1   Terms and definitions.

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

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

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

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

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

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

Sec.  201.1   [AMENDED]

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

Sec.  201.7   [AMENDED]

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

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

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

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

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

Sec.  203.3   Filing requirements for adherence to Montreal Convention.

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

Sec.  203.4   [AMENDED]

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

PART 204--DATA TO SUPPORT FITNESS DETERMINATIONS

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

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

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

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

Sec.  204.2   Definitions.

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

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

Sec.  204.4   [REMOVED AND RESERVED]

0
14. Section 204.4 is removed and reserved.

Sec.  204.5   [AMENDED]

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

Sec.  204.7   [AMENDED]

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

PART 205--AIRCRAFT ACCIDENT LIABILITY INSURANCE

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

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

Sec.  205.4   [AMENDED]

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

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

Sec.  205.6   Prohibited exclusion of coverage.

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

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

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

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

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

PART 207--[REMOVED]

0
22. Part 207 is removed.

PART 208--[REMOVED]

0
23. Part 208 is removed.

PART 211--APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS

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

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

Sec.  211.2   [AMENDED]

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

Sec.  211.20   [AMENDED]

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

Sec.  211.31   [AMENDED]

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

Sec.  211.32   [AMENDED]

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

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

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

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

Sec.  212.3   [AMENDED]

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

Sec.  212.10   [AMENDED]

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

Sec.  212.11   [AMENDED]

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

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

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

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

Sec.  213.1   [AMENDED]

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

Sec.  213.2   [AMENDED]

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

Sec.  213.5   [AMENDED]

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

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

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

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

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

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

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

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

Sec.  215.1   Applicability.

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

Sec.  215.4   [AMENDED]

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

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

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

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

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

Sec.  216.1   [AMENDED]

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

Sec.  216.3   [AMENDED]

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

Sec.  216.4   [AMENDED]

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

Sec.  216.5   [AMENDED]

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

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

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

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

Sec.  217.5   [AMENDED]

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

Sec.  217.6   [AMENDED]

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

Sec.  217.8   [AMENDED]

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

Sec.  217.10   [AMENDED]

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

Sec.  217.11   [AMENDED]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec.  218.2   [AMENDED]

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

Sec.  218.3   [AMENDED]

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

Sec.  218.5   [AMENDED]

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

Sec.  218.6   [AMENDED]

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

PART 221--TARIFFS

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

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

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

Sec.  221.3   [AMENDED]

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

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

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

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

Advice to International Passengers on Limitations of Liability

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

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

Sec.  221.106  [REMOVED AND RESERVED]

0
63. Section 221.106 is removed and reserved.

PART 222--INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS

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

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

Sec.  222.2  [AMENDED]

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

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

Sec.  222.3  Application for Statement of Authorization.

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

Sec.  222.4  [AMENDED]

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

Sec.  222.5  [AMENDED]

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

Appendix A to Part 222 [REMOVED]

0
69. Appendix A to part 222 is removed.

PART 223--FREE AND REDUCED-RATE TRANSPORTATION

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

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

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

Sec.  223.1  Definitions.

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

Sec.  223.2  [AMENDED]

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

Sec.  223.6  [AMENDED]

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

Sec.  223.21  [AMENDED]

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

Sec.  223.22  [AMENDED]

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

Sec.  223.23  [AMENDED]

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

Sec.  223.25  [AMENDED]

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

PART 232--[REMOVED]

0
78. Part 232 is removed.

PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

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

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

PART 240--INSPECTION OF ACCOUNTS AND PROPERTY

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

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

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

Sec.  240.1  Interpretation.

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

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

BY DIRECTION OF THE SECRETARY

Sec.  240.2  [AMENDED]

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

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

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

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

Section 01  [REMOVED AND RESERVED]

0
84. Section 01 is removed and reserved.

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

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

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

Section 04  [AMENDED]

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

Section 12  [AMENDED]

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

Sec. 19-6  [AMENDED]

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

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

Sec. 19-7  Passenger origin-destination survey.

* * * * *

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

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

Section 21  [AMENDED]

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

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

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

Section 22  General Reporting Instructions.

    (a) * * *

                                                         List of Schedules in BTS Form 41 Report
                                                             [See footnotes at end of table]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Applicability by carrier group
               Schedule No.                            Title                   Filing frequency       --------------------------------------------------
                                                                                I                II              III
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
P-2......................................  Notes to BTS Form 41 report.  Q...........................             (1)                X                X
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Section 24  [AMENDED]

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

PART 243--PASSENGER MANIFEST INFORMATION

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

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

Sec.  243.11  [AMENDED]

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

Sec.  243.13  [AMENDED]

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

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

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

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

Sec.  247.1  [AMENDED]

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

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

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

PART 248--SUBMISSION OF AUDIT REPORTS

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

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

Sec.  248.2  [AMENDED]

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

PART 249--PRESERVATION OF AIR CARRIER RECORDS

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

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

Sec. Sec.  249.6 and 249.10  [AMENDED]

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

Sec.  249.7  [AMENDED]

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

Sec.  249.9  [AMENDED]

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

PART 251--CARRIAGE OF MUSICAL INSTRUMENTS

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

    Authority: 49 U.S.C. 41724.

Sec.  251.1  [AMENDED]

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

PART 253--NOTICE OF TERMS OF CONTRACT OF CARRIAGE

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

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

Sec.  253.1  [AMENDED]

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

Sec.  253.2  [AMENDED]

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

Sec.  253.7  [AMENDED]

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

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

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

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

Sec.  257.3  [AMENDED]

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

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

Sec.  257.3  Definitions.

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

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

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

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

Sec.  258.3  [AMENDED]

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

PART 259--ENHANCED PROTECTIONS FOR AIRLINE PASSENGERS

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

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

Sec.  259.4  [AMENDED]

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

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

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

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

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

Sec.  271.2  Definitions.

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

PART 272--[REMOVED AND RESERVED]

0
119. Part 272 is removed and reserved.

PART 291--CARGO OPERATIONS IN INTERSTATE AIR TRANSPORTATION

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

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

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

Sec.  291.45  [AMENDED]

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

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

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

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

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

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

    (2) On-flight market record layout.

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

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

Sec.  291.60   [AMENDED]

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

PART 294--CANADIAN CHARTER AIR TAXI OPERATORS

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

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

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

Sec.  294.10   [AMENDED]

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

Sec.  294.30   [AMENDED]

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

PART 296--INDIRECT AIR TRANSPORTATION OF PROPERTY

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

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

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

Sec.  296.3   [AMENDED]

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

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

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

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

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

Sec.  297.3   [AMENDED]

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

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

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

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

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

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

Sec.  298.2   Definitions.

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

Sec.  298.21   [AMENDED]

0
138. Amend Sec.  298.21 as follows:
0
a. In paragraph (a), remove the words ``Program Management Branch'' and
add in their place the words ``Technical Programs Branch''.
0
b. In footnote 6 to paragraph (c)(1), remove the words ``Program
Management Branch, Federal Aviation Administration, AFS-260, or on the
World Wide Web at 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
139. Amend Sec.  298.23(b) as follows:
0
a. Remove the words ``Program Management Branch (AFS-260), 800
Independence Avenue SW, Washington, DC 20591'' and add in their place
the words ``Technical Programs Branch (AFS-260), 800 Independence
Avenue SW, Room 831, Washington, DC 20591''.
0
b. Remove the words ``Alaskan Region Headquarters (AAL-230), 222 West
7th Avenue, Box 14, Anchorage, Alaska 99513'' and add in their place
the words ``Alaskan Region Headquarters Technical Standards Branch,
(AAL-231), 222 West 7th Avenue, Box 14, Anchorage, Alaska 99513''.

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

Sec.  298.50   Application.

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

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

Sec.  298.60   General reporting instruction.

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

Sec.  298.61   [AMENDED]

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

Sec.  298.70   [AMENDED]

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

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

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

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

Sec.  300.0a   [REMOVED]

0
145. Remove Sec.  300.0a.

Sec.  300.2   [AMENDED]

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

Sec.  300.3   [AMENDED]

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

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

Sec.  300.4   Separation of functions in hearing cases.

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

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

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

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

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

Sec.  300.16   [REMOVED]

0
151. Remove Sec.  300.16.

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

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

PART 302--RULES OF PRACTICE IN PROCEEDINGS

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

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

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

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

Sec.  302.2   [Amended]

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

Sec.  302.3   [AMENDED]

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

Sec.  302.4   [AMENDED]

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

Sec.  302.7   [AMENDED]

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

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

Sec.  302.24   Evidence.

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

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

Sec.  302.401   [AMENDED]

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

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

Sec.  302.603   Contents of complaint or request for determination.

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

PART 303-- REVIEW OF AIR CARRIER AGREEMENTS

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

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

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

Sec.  303.01   Purpose.

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

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

Sec.  303.02   Definitions.

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

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

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

Sec.  303.03   Requirement to file application.

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

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

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

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

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

Sec.  303.05   Applications requesting antitrust immunity.

    (a) Each application must state explicitly whether or not the
applicant seeks antitrust immunity under the provisions of 49 U.S.C.
41308. If antitrust immunity is requested, the application should