83 FR 21684 - Aviation Economic Regulation Amendments
DEPARTMENT OF TRANSPORTATION
Office of the Secretary Federal Register Volume 83, Issue 90 (May 9, 2018)
Office of the Secretary
Federal Register Volume 83, Issue 90 (May 9, 2018)
| Page Range | 21684-21706 | |
| FR Document | 2018-08683 |
[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)] [Proposed Rules] [Pages 21684-21706] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08683] [[Page 21683]] Vol. 83 Wednesday, No. 90 May 9, 2018 Part V Department of Transportation ----------------------------------------------------------------------- Office of the Secretary ----------------------------------------------------------------------- 14 CFR Chapter II Aviation Economic Regulation Amendments; Proposed Rule Federal Register / Vol. 83 , No. 90 / Wednesday, May 9, 2018 / Proposed Rules [[Page 21684]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Chapter II [Docket No. DOT-OST-2014-0140] RIN 2105-AD86 Aviation Economic Regulation Amendments AGENCY: Office of the Secretary (OST), U.S. Department of Transportation (DOT). ACTION: Notice of Proposed Rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: The Department is proposing to amend various provisions regarding its aviation economic regulations to eliminate any further remaining obsolete provisions and correct outdated statutory references. This rulemaking aligns with the Department's retrospective regulatory review initiatives to modify, streamline, or repeal regulations that are obsolete or out-of-date. DATES: Comments must be received on or before July 9, 2018. Comments received after this date will be considered to the extent practicable. ADDRESSES: You may file comments identified by docket number DOT-OST- 2014-0140 by any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting comments. Mail: Docket Operations Office, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays. Fax: (202) 493-2251. Instructions: All submissions must include the agency name and docket number for this document at the beginning of the comment. To avoid duplication, please use only one of these four methods. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you provide. All comments received will be posted without change to the Federal Docket Management System (FDMS), including any personal information. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice, DOT/ALL-14 FDMS, accessible through www.dot.gov/privacy. In order to facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions. Docket: For internet access to the docket to read background documents or comments go to http://www.regulations.gov, or to the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: Jill Laptosky or Jennifer Abdul-Wali, Office of Regulation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; (202) 366-4723; fax: (202) 366- 9313; email: Jill.Laptosky@dot.gov or Jennifer.AbdulWali@dot.gov. SUPPLEMENTARY INFORMATION: In 1994, the Federal Aviation Act was revised and codified within Subtitle VII of Title 49 of the United States Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department has made numerous amendments to make the CFR consistent with the provisions of the current statute (49 U.S.C., Subtitle VII). Some provisions, however, remained unchanged, due in part to the complexity of certain issues, such as antitrust immunity, agreements, and waivers. This rule proposes to update the economic regulations by modifying language to reflect current statutory provisions related to these remaining issues. The proposed language is not intended to diminish any existing Civil Aeronautics Board (CAB) provisions or precedent still in effect. Thus, the Department is seeking comment on whether any of the references to CAB or other referenced terms, which are proposed for removal in this rulemaking, are still relevant and, therefore, should be retained for precedential or other useful purposes. We are also seeking comment on whether additional proposed changes and updates to the Aviation Economic Rules (14 CFR parts 200 through 399) should be adopted. More specifically, this rule proposes updating the regulatory language throughout 14 CFR parts 200-399 in the following ways: (1) Where references to the CAB are no longer relevant, replacing the term ``Board'' or ``CAB'', where appropriate, with ``Department'', ``DOT'' or ``Predecessor''; (2) removing citations to the ``Federal Aviation Act'' or ``Act'' and adding citations to the appropriate sections of Title 49 of the United States Code; (3) inserting current names of forms in place of outdated references to CAB forms; (4) adding up-to- date titles for offices within the Department; and (5) updating the authority citations, where needed. Additional changes are as follows: Part 204 describes the data the Department uses to support carrier fitness determinations. Section 204.4 discusses carrier obligations for proposing to provide essential air service. The section is no longer in use and is obsolete. As such, the section would be removed in its entirety. Parts 207 and 208 address U.S. scheduled and charter air carrier requirements with respect to charter trips. Both parts refer to 14 CFR part 212 in describing carrier obligations on charter air transportation and contain no independent obligations of their own. As such, the parts are obsolete and would be removed. Part 221 describes carrier obligations with respect to tariffs. This rule proposes to revise part 221 by broadening the language used to refer to international treaties. The current regulation refers to the Warsaw Convention, which is no longer the relevant international treaty applicable to travelers on many itineraries. The rule would update and simplify existing passenger notification requirements and consolidate such requirements into a single section. Specifically, the rule would consolidate separate notice requirements for liability from death or injury and liability from damage to baggage into a single notice requirement that better reflects the current international landscape, including references to the 1999 Montreal Convention, which governs many international itineraries originating or terminating in the United States. As of 2017, a carrier's liability could be limited under the 1999 Montreal Convention to 113,100 Special Drawing Rights (SDR) for damages from death or injury, 4,694 SDR for damages caused by the delay of passengers, and 1,131 SDR for damages resulting from the destruction, loss, damage, or delay of baggage. The proposed rule would also remove + references to agreements approved by CAB order. Carriers will be provided until December 31, 2019, to comply with the signage requirements of this part. Part 223 sets forth rules regarding free and reduced-rate transportation. This [[Page 21685]] rule proposes to update part 223 by removing references to specific sections of the ``Act'' such as ``under section 408 of the Act.'' Additionally, in section 223.1, the term ``handicapped passenger'' is used to describe a person with a disability. However, under the Americans with Disabilities Act (ADA), the current practice is to use ``person-first'' terminology (e.g., changes ``handicapped person'' to ``person with a disability''). Where applicable, as the Department reviews its regulations, the term ``handicapped'' would be replaced with the person-first terminology in alignment with the ADA. This rule proposes to remove the term ``Handicapped passenger'' and would replace it with the term ``passenger with a disability.'' Part 232 established procedures for a party aggrieved by an order of the Postmaster General to request a review by DOT. In 2008, amendments to 49 U.S.C. 41902 removed from the statute the authority for the Secretary of Transportation to amend, modify, suspend, or cancel an order of the Postal Service (Pub. L. 110-405, Jan. 4, 2008). Accordingly, the statutory basis for Part 232 regulations no longer exists and Part 232 would be removed. Part 234 describes the requirements for filing airline service quality performance reports. The existing citation of authorities for this part contains an error. This rule corrects the error. Part 241 describes a uniform system of accounts and reports for large carriers. This rule proposes to remove section 01 of part 241. The section restates outdated statutory text and may lead to confusion if retained. Part 272 established essential air service procedures for the Freely Associated States comprising the Federated States of Micronesia (Ponape, Truk and Yap), the Marshall Islands (Majuro and Kwajalein), and Koror in Palau. The procedures include requirements for airlines to file notice before suspending service, an obligation to continue to provide service when subsidy is available, and carrier-selection criteria. Section 272.12 states, ``These provisions shall terminate on October 1, 1998, unless the essential air service program to the Federated States of Micronesia, the Marshall Islands and Palau is specifically extended by Congress.'' Congress did not extend the program (Pub. L. 101-219, Sec. 110(b), (Dec.12,1989)). Thus, the statutory basis for the regulation no longer exists and part 272 would be removed. Part 300 sets forth the rules of conduct in DOT proceedings involving aviation economic and enforcement matters. Many of these rules set forth standards of ethical conduct applicable to DOT employees with respect to aviation economic matters. DOT employees are also subject to the ethics requirements of 49 CFR 99.735-1. In order to reduce the duplicative nature of both sets of ethics requirements and to minimize the potential for confusion over such requirements, several sections of part 300 would be removed under this rule. The resulting regulations will ensure consistent ethical standards across all employees of the agency. Part 302 sets forth the Rules of Practice in Proceedings before the DOT. Part 305 describes the Rules of Practice for Informal Nonpublic Investigations undertaken by the Office of Aviation Enforcement and Proceedings. Part 385 sets forth the authorities and functions of various DOT officials. On August 17, 2012, the Department issued an extensive revision to 49 CFR part 1 (Organization and Delegation of Powers and Duties) [77 FR 49965]. The Department proposes to revise parts 302, 305, and 385 to reflect the changes set forth in the revision to part 1. Part 330 established procedures implementing the airline compensation section of the Air Transportation Safety and System Stabilization Act, which was enacted following the terrorist attacks of September 11, 2001, Public Law 107-42, (Sept. 22, 2001) (the Stabilization Act). Section 103 of the Stabilization Act appropriated up to $5 billion, to be administered by the Department of Transportation, to compensate air carriers for losses they incurred due to the attacks. Part 330 set out carrier eligibility criteria; forms for applying for the compensation payments; details on types of losses that would and would not be eligible for compensation; audit procedures; and details on a set-aside program for certain air taxis, commuter carriers, and other small carriers. Of the 427 applications processed, 407 applicants were deemed eligible under part 330. These carriers received payments in a total amount of $4.6 billion. All eligible appropriations have been completed and payments have now been processed and paid, and all functions and responsibilities under this section have been fulfilled. As a result, part 330 serves no further purpose and would be removed. Part 374 specifies the Department's responsibility for enforcing air carrier and foreign air carrier compliance with the applicable requirements of the Consumer Credit Protection Act. This rule proposes revising part 374 by updating the language in Sec. 374.3 regarding references to Regulation B, 12 CFR part 202, and Regulation Z, 12 CFR part 226. Enforcement responsibility for parts 202 and 226 has been divided and reassigned among Federal government agencies. Accordingly, the language in Sec. 374.3 will be revised to reference the current applicable regulations, 12 CFR part 1026. Part 380 is applicable to public charter air transportation in interstate or foreign air transportation. This rule proposes revising part 380 by updating Appendix A and B. part 380 sets forth the Department's rules governing Public Charter air transportation of passengers whether furnished by direct air carriers or Public Charter Operators. Appendix A and B to part 380, respectively, contain the format for the Public Charter Operator's Surety Bond and the Public Charter Surety Trust Agreement. Since the existing Appendix A and B to part 380 were published in 1998, various changes have been made to both documents. Therefore, Appendix A and B would be updated to provide the most current format for the Public Charter Operator's Surety Bond and the Public Charter Surety Trust Agreement. In part 385, the Secretary of Transportation delegates certain continuing assignments of authority to Secretarial Officers regarding the Department's functions of issuing orders or other determinations pursuant to 49 U.S.C. 322 and 49 CFR part 1. The Secretary has determined that several of the items currently prepared for decision at the Assistant Secretary level could be handled more efficiently at the Office Director level, thereby providing more time for the Assistant Secretary and immediate secretarial staff to concentrate on controversial and policy-sensitive issues. This action would ensure that routine items are processed in a much more timely and efficient manner. Thus, this rulemaking proposes to amend sections 385.12 and 385.13 to reflect the expanded assignments of authority to the Director of the Office of Aviation Analysis and the Director of the Office of International Aviation, both in the Office of the Assistant Secretary for Aviation and International Affairs. Section 385.12 defines the authority of the Director of the Office of Aviation Analysis. This rule proposes to authorize the Director to issue Essential Air Service (EAS) Requests for Proposals and certain final EAS selection orders. This expanded delegation alone would relieve the Assistant Secretary for Aviation and International Affairs of reviewing nearly sixty orders per year, saving over three hundred (300) hours of senior management time and approximately one hundred twenty (120) hours of staff [[Page 21686]] time in the Office of Aviation Analysis. This rule proposes to expand the Director's authority to issue quarterly fuel rate adjustments to Alaskan bush and mainline mail rates and to issue certain procedural orders in antitrust immunity cases processed under 49 U.S.C. 41308 and 41309. This rule also proposes to remove paragraphs (f), (h), and (i) of section 385.12, as these requirements would be placed under the authority of the Director of the Office of International Aviation in section 385.13. Accordingly, subsections (g)-(k) would be re- designated. Section 385.13 defines the authority of the Director of the Office of International Aviation. This rule proposes to amend subsection (a) of section 385.13 to grant the Director the authority to issue final orders on uncontested tariff exemptions. This rulemaking also proposes to amend subsection (b) to authorize the Director to issue final orders on uncontested applications for U.S. carrier certificate and foreign air carrier permit authority. Further, this action proposes to add two new subsections regarding fares and tariffs and amend subsection 385.13(r)(1) to give the Director the authority to exempt IATA \1\ agreements under section 41309; this would be in addition to the Director's existing authority to approve or disapprove such agreements. This rule also proposes adding new subsections (z)-(dd) that would: (1) Authorize the Director to issue orders and notices adjusting the Standard Foreign Fare Level; (2) authorize the Director to issue notices updating the list of country-pair markets in tariff-filing categories under part 293 of this chapter; (3) give the Director assigned authority as to certain matters processed by the Office of International Aviation's U.S. Air Carrier Licensing/Special Authorities Division; and (4) add requirements moved from 385.12(f), 385.12(h), and 385.12(i). --------------------------------------------------------------------------- \1\ International Air Transport Association. --------------------------------------------------------------------------- Sections 385.14 and 385.15 define the authority of the General Counsel and Deputy General Counsel, respectively. Consistent with the delegation of duties assigned in 49 CFR part 1, as revised on August 16, 2012, by 77 FR 49964, the Secretary has assigned several duties to the General Counsel. Sections 385.14 and 385.15 would be revised to reflect this assignment of duties. This rule would remove section 385.15 and transfer its functions to section 385.14. Part 389 describes fees and charges for special services. This rule proposes to amend part 389 by (1) removing references to organizations and position titles that no longer exist and replacing them with references to appropriate organizations and positions, (2) correcting the filing fees charged for special services to reflect a recent rulemaking action, (3) allowing for payment of filing fees using the internet, and (4) revising the descriptions of licenses for which the Department charges filing fees. Part 398 establishes guidelines for the determination of basic essential air service. The Department proposes to amend part 398 by removing an outdated provision for funding reductions in Sec. 398.11. Section 398.11 was superseded by Public Law 106-69, Title III, Sec. 332, October 9, 1999, 113 Stat. 1022. Part 399, subpart C sets forth the Department's policies related to rates and tariffs. This rulemaking action proposes removing fourteen sections from this subpart (Sec. Sec. 399.30, 399.31, 399.32, 399.33, 399.34, 399.37, 399.40, 399.41, 399.42, 399.43, 399.44, 399.63, 399.101, and 399.111). These sections are obsolete because of the Airline Deregulation Act of 1978 and the Civil Aeronautics Board Sunset Act of 1984. Regulatory Analyses and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures This NPRM is not a significant regulatory action under Executive Order 12866 and the Department's Regulatory Policies and Procedures. Its provisions involve technical amendments to update statutory references and to update the titles and addresses of offices. The rule also proposes to remove certain appendices, sections, and forms that are no longer relevant. This rule does not propose any major policy changes or impose significant new costs or burdens. B. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) This proposed rule is not expected to be an E.O. 13771 regulatory action because this proposed rule is not significant under E.O. 12866. C. Regulatory Flexibility Act Pursuant to section 605 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), I hereby certify that this rulemaking would not have a significant impact on a substantial number of small entities. The NPRM would impose no duties or obligations on small entities. D. Executive Order 13132 (Federalism) A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this NPRM in accordance with the principles and criteria contained in the Order and have determined that it does not have implications for federalism, since it merely makes technical amendments to the existing regulations. This NPRM does not have a substantial direct effect on, or sufficient federalism implications for, the States, nor would it limit the policymaking discretion of the States. E. Executive Order 13175 This NPRM has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (``Consultation and Coordination with Indian Tribal Governments''). Because this NPRM does not significantly or uniquely affect the communities of the Indian tribal governments or impose substantial direct compliance costs on them, the funding and consultation requirements of Executive Order 13175 do not apply. F. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.) requires that DOT consider the impact of paperwork and other information collection burdens imposed on the public and, under the provisions of PRA section 3507(d), obtain approval from the Office of Management and Budget (OMB) for each collection of information it conducts, sponsors, or requires through regulations. The DOT has determined there are no new information collection requirements associated with this NPRM. G. National Environmental Policy Act The agency has analyzed the environmental impacts of this proposed action pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical exclusions are actions identified in an agency's NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). The purpose of this rulemaking is to make editorial [[Page 21687]] 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. [[Page 21688]] 14 CFR Part 375 Administrative practice and procedure, Aircraft, Foreign relations, Reporting and recordkeeping requirements. 14 CFR Part 377 Administrative practice and procedure, Air carriers. 14 CFR Part 380 Charter flights, Reporting and recordkeeping requirements, Surety bonds. 14 CFR Part 385 Organization and functions (Government agencies). 14 CFR Part 389 Administrative practice and procedure, Reporting and recordkeeping requirements. 14 CFR Part 398 Air transportation. 14 CFR Part 399 Administrative practice and procedure, Air carriers, Air rates and fares, Air taxis, Consumer protection, Small businesses. The Amendment In consideration of the foregoing, and under the authority of 49 U.S.C. 322, the Department proposes to amend Title 14, Chapter II of the Code of Federal Regulations as follows: PART 200--DEFINITIONS AND INSTRUCTIONS 0 1. The authority citation for part 200 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 411, 413, 415, 417, and 461. 0 2. Section 200.1 is revised to read as follows: Sec. 200.1 Terms and definitions. Unless otherwise specifically stated, words and phrases other than those listed in this section have the meaning defined in 49 U.S.C. Subtitle VII. (a) Department or DOT means the Department of Transportation. (b) Predecessor means the Civil Aeronautics Board (CAB). (c) Section refers to a section of Subtitle VII of Title 49 of the United States Code (Transportation) or a section of the regulations in this chapter, as indicated by the context. The terms in this section, pursuant to this section, in accordance with the provisions of this section, and words of similar import when used in this chapter refer to the section of the subchapter in which such terms appear. (d) Rule, regulation, and order refer to the rules, regulations, and orders prescribed by the Department pursuant to the 49 U.S.C. Subtitle VII or its predecessor's rules, regulations, and orders that are, by law, still in effect. (e) FAA means the Federal Aviation Administration, U.S. Department of Transportation. (f) OST-R means the Office of the Assistant Secretary for Research and Technology, U.S. Department of Transportation. (g) Secretary means the Secretary of Transportation, U.S. Department of Transportation. PART 201--AIR CARRIER AUTHORITY UNDER SUBTITLE VII OF TITLE 49 OF THE UNITED STATES CODE 0 3. The authority citation for part 201 continues to read as follows: Authority: 5 U.S.C. 1008; 49 U.S.C. Chapters 401, 411, 413, 415, and 417. Sec. 201.1 [Amended] 0 4. In Sec. 201.1, in paragraph (b), remove the words ``DOT Dockets, 1200 New Jersey Avenue SE., Washington, DC 20590-0002'' and add, in their place, the words ``Docket Operations Office, U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001''. Sec. 201.7 [Amended] 0 5. In Sec. 201.7, in paragraph (e), remove the words ``Office of Aviation Analysis'' and add, in their place, the words ``Office of International Aviation''. PART 203--WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES 0 6. The authority citation for part 203 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 411, 413, 415, and 417. 0 7. Section 203.3 is revised to read as follows: Sec. 203.3 Filing requirements for adherence to Montreal Convention. All direct U.S. and foreign air carriers shall have and maintain in effect and on file in the Department's Docket Operations Office (DOT- OST-1995-236) on OST Form 4523 a signed counterpart to Agreement 18900, an agreement relating to liability limitations of the Warsaw Convention and Hague Protocol, (the Montreal Agreement), dated May 13, 1966, and/ or a signed counterpart of any amendment or replacement to such Agreement that may be approved by the Department and to which the air carrier or foreign air carrier becomes a party. U.S. air taxi operators registering under part 298 of this chapter and Canadian charter air taxi operators registering under part 294 of this chapter may comply with this requirement by filing completed OST Forms 4507 and 4523, respectively, in accordance with the provisions of those parts. Sec. 203.4 [Amended] 0 8. In Sec. 203.4: 0 a. In paragraph (a), remove the words ``Tariffs Division'' and add, in their place, the words ``Pricing and Multilateral Affairs Division''. 0 b. In paragraph (b), remove the reference ``Sec. 221.175'' and add, in its place, the reference ``Sec. 221.105''. PART 204--DATA TO SUPPORT FITNESS DETERMINATIONS 0 9. The authority citation for part 204 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 411, and 417. 0 10. In Sec. 204.2, paragraphs (b) and (e) are revised to read as follows: Sec. 204.2 Definitions. * * * * * (b) Certificate authority means authority to provide air transportation granted by the Secretary of Transportation in the form of a certificate of public convenience and necessity under 49 U.S.C. 41102 or an all-cargo air transportation certificate to perform all- cargo air transportation under 49 U.S.C. 41103. Certificated carriers are those that hold certificate authority, including those carriers operating by law under the regulatory provisions under the Department's predecessor. * * * * * (e) Eligible place means a place in the United States that meets the specified criteria outlined in Chapter 417 of 49 U.S.C. * * * * * Sec. 204.4 [REMOVED AND RESERVED] 0 11. Section 204.4 is removed and reserved. Sec. 204.5 [Amended] 0 12. Amend Sec. 204.5 as follows: 0 a. In Sec. 204.5, in paragraph (c), at the end of the sentence, remove the words ``Washington, DC 20590, or by electronic submission at http://dms.dot.gov.'' and add, in their place, the words ``1200 New Jersey Avenue SE, Washington, DC 20590, or by electronic submission at http://www.regulations.gov.'' 0 b. In Sec. 204.5, in paragraph (d), at the end of the sentence, remove the words [[Page 21689]] ``Washington, DC 20590.'' and add, in their place, the words ``1200 New Jersey Avenue SE, Washington, DC 20590.'' Sec. 204.7 [Amended] 0 13. In Sec. 204.7, in paragraph (b), in the second sentence, remove the words ``Documentary Services Division, Department of Transportation'' and add, in their place, the words ``Docket Operations Office, U.S. Department of Transportation.'' PART 205--AIRCRAFT ACCIDENT LIABILITY INSURANCE 0 14. The authority citation for part 205 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 411, 413, and 417. Sec. 205.4 [Amended] 0 15. In Sec. 205.4, in paragraph (a), remove the reference ``http://ostpxweb.dot.gov'' and add, in its place, ``https:// www.transportation.gov/policy/aviation-policy/licensing/US-carriers''. Sec. 205.6 [Amended] 0 16. In Sec. 205.6, revise the section heading and paragraph (b)(2) to read as follows: Sec. 205.6 Prohibited exclusion of coverage. * * * * * (b) * * * (2) Liability assumed by the carrier under an agreement to raise the liability limitations of the Warsaw Convention by signing a counterpart to an agreement of carriers (such as the Montreal Agreement, 18900, signed May 13, 1966, agreeing to a limit on the carrier's liability for injury or death of passengers of $75,000 per passenger), or any amendment to such agreement that may be approved by the Department and to which the carrier becomes a party. PART 207--[REMOVED] 0 17. Part 207 is removed. PART 208--[REMOVED] 0 18. Part 208 is removed. PART 211--APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS 0 19. The authority citation for part 211 continues to read as follows: Authority: 49 U.S.C. 40101, 40102, 41101, 41301, and 41703. Sec. 211.2 [Amended] 0 20. In Sec. 211.2, paragraph (b), remove the words ``subpart F'' and add, in their place, the words ``subpart E''. Sec. 211.20 [Amended] 0 21. In Sec. 211.20, in paragraph (c)(2)(i), at the end of the sentence, remove the colon and add, in its place, a semicolon. Sec. 211.31 [Amended] 0 22. In Sec. 211.31, in paragraph (d), at the end of the sentence, remove the word ``required.'' and add, in its place, the words ``required; and''. Sec. 211.32 [Amended] 0 23. In Sec. 211.32, remove the words ``section 801(a) of the Federal Aviation Act'' and add, in their place, the words ``49 U.S.C. 41307''. PART 212--CHARTER RULES FOR U.S. AND FOREIGN DIRECT AIR CARRIERS 0 24. The authority citation for part 212 continues to read as follows: Authority: 49 U.S.C. 40101, 40102, 40109, 40113, 41101, 41103, 41702, 41708, 41712, and 46101. Sec. 212.3 [Amended] 0 25. In Sec. 212.3, paragraph (c)(i) is redesignated as ``paragraph(c)(1)''. Sec. 212.10 [Amended] 0 26. In Sec. 212.10, in paragraph (e)(1), in the first sentence, remove the words ``part in interest'' and add, in their place, the word ``person''. Sec. 212.11 [Amended] 0 27. In Sec. 212.11, in paragraph (b)(1), remove the words ``authority sought to covered'' and add, in their place, the words ``authority sought is covered''. PART 214--TERMS, CONDITIONS, AND LIMITATIONS OF FOREIGN AIR CARRIER PERMITS AUTHORIZING CHARTER TRANSPORTATION ONLY 0 28. Part 214 is amended by adding an authority citation to read as follows: Authority: 49 U.S.C. 40101, 40102, 40109, 40113, 41504, 41708, 41712, and 46101. PART 215--USE AND CHANGE OF NAMES OF AIR CARRIERS, FOREIGN AIR CARRIERS AND COMMUTER AIR CARRIERS 0 29. The authority citation for part 215 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 411, 413, 417. 0 30. Section 215.1 is revised to read as follows: Sec. 215.1 Applicability. This part applies to all certificated air carriers, commuter air carriers, and foreign direct air carriers and to initial and amended applications for authority, applications for certificate or permit transfers or reissuances, and registration of business names. Sec. 215.4 [Amended] 0 31. In Sec. 215.4: 0 a. In paragraph (a), in the last sentence, remove the words ``Licensing Division'' and add, in their place, the words ``Foreign Air Carrier Licensing Division''. 0 b. In paragraph (b), remove the words ``Docket 17325.'' and add, in their place, the words ``Docket DOT-OST-1995-236.'' PART 216--COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS 0 32. The authority citation for part 216 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 413, and 417. 0 33. Throughout part 216, remove the words ``Board'' and ``Board's'' wherever they appear, and add, in their place, the words ``Department'' and ``Department's''. Sec. 216.1 [Amended] 0 34. In Sec. 216.1, in paragraph (a), remove the word ``Act'' from the list of definitions; in paragraph (b), remove the words ``section 101 of the Act'' and add, in their place, the words ``49.U.S.C. 40102''. Sec. 216.3 [Amended] 0 35. In Sec. 216.3, remove the words ``section 402 of the Act'' and add, in their place, the words ``49 U.S.C. 41301''. Sec. 216.4 [Amended] 0 36. In Sec. 216.4, in paragraph (a), remove the words ``Director, Bureau of International Aviation.'' and add, in their place, the words ``Director, Office of International Aviation.'' PART 217--REPORTING TRAFFIC STATISTICS BY FOREIGN AIR CARRIERS IN CIVILIAN SCHEDULED, CHARTER, AND NONSCHEDULED SERVICES 0 37. The authority citation for part 217 is revised to read as follows: Authority: 49 U.S.C. 329, 41102, 41301, 41708, and 41709. Sec. 217.10 [Amended] 0 38. In the Appendix to Section 217.10, remove paragraphs (a)(5), (a)(6), and (a)(7). Sec. 217.11 [Amended] 0 39. In Sec. 217.11, paragraph (b), remove the words ``subject to a maximum fine of $10,000 or imprisonment for not more than 5 years, or both,''. [[Page 21690]] PART 218--LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF AIRCRAFT WITH CREW 0 40. The authority citation for part 218 is revised to read as follows: Authority: 49 U.S.C. 40113, and 41301. Sec. 218.2 [Amended] 0 41. In Sec. 218.2, remove the words ``section 402 of the Act'' and add, in their place, the words ``49 U.S.C. 41301''. Sec. 218.3 [Amended] 0 42. Amend Sec. 218.3 as follows: 0 (a) In paragraph (a)(1), remove the words ``section 402 of the Act'' and add, in their place, the words ``section 41301 of 49 U.S.C.''. 0 (b) In paragraph (a)(2), remove the words ``section 416 of the Act'' and add, in their place, the words ``section 40109 of 49 U.S.C.''. 0 (c) In paragraphs (a)(2) and (a)(3), remove the word ``Board'' and add, in its place, the word ``Department''. Sec. 218.5 [Amended] 0 43. In Sec. 218.5, remove the word ``Board'' each place it appears, and add, in its place, the word ``Department''. Sec. 218.6 [Amended] 0 44. In Sec. 218.6, remove the word ``Board'' and add, in its place, the word ``Department''. PART 221--TARIFFS 0 45. The authority citation for part 221 continues to read as follows: Authority: 49 U.S.C. 40101, 40109, 40113, 46101, 46102, chapter 411, chapter 413, chapter 415 and chapter 417, subchapter I. 0 46. Sec. 221.105 is revised to read as follows: Sec. 221.105 Special notice of limited liability under international treaty. (a)(1) In addition to the other requirements of this subpart, each air carrier and foreign air carrier which, to any extent, avails itself of the limitation on liability to passengers provided by an international treaty, shall, at the time of delivery of the ticket, furnish to each passenger whose transportation is governed by the international treaty and whose place of departure or place of destination is in the United States, the following statement in writing: Advice to International Passengers on Limitations of Liability Passengers embarking upon a journey involving an ultimate destination or a stop in a country other than the country of departure are advised that the provisions of an international treaty (the Warsaw Convention, the 1999 Montreal Convention, or other treaty), as well as a carrier's own contract of carriage or tariff provisions, may be applicable to their entire journey, including any portion entirely within the countries of departure and destination. The applicable treaty governs and may limit the liability of carriers to passengers for death or personal injury, destruction or loss of, or damage to, baggage, and for delay of passengers and baggage. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier's liability under an international treaty. For further information please consult your airline or insurance company representative. (2) The statement prescribed herein shall be printed or displayed in type at least as large as 10-point modern type and in ink contrasting with the stock on: (i) Each ticket, including electronic tickets; (ii) A piece of paper either placed in the ticket envelope with the ticket or attached to the ticket; or (iii) The ticket envelope. (3) When a carrier is a signatory of a Department-approved intercarrier agreement implementing an international treaty, and such agreement contains specific text a carrier may use as a notice to international passengers regarding carrier liability, the carrier may substitute the exact text contained in the intercarrier agreement in lieu of the required text of the notice quoted in paragraph (a)(1) of this section. (b) By December 31, 2019, each air carrier and foreign air carrier which, to any extent, avails itself of the limitation on liability to passengers provided by an international treaty, shall also cause to be displayed continuously in a conspicuous public place at each desk, station, and position in the United States which is in the charge of a person employed exclusively by it or by it jointly with another person, or by any agent employed by such air carrier or foreign air carrier to sell tickets to passengers whose transportation may be governed by an international treaty and whose place of departure or destination may be in the United States, a sign which shall have printed thereon the statement prescribed in paragraph (a)(1) of this section. (c) It shall be the responsibility of each carrier to insure that travel agents authorized to sell air transportation for such carrier comply with the notice provisions of paragraphs (a) and (b) of this section. (d) Any air carrier or foreign air carrier subject to the provisions of this section which wishes to use a notice of limited liability of its own wording, but containing the substance of the language prescribed in paragraphs (a) and (b) of this section, may substitute a notice of its own wording upon approval by the Department. (e) The requirements as to time and method of delivery of the notice (including the size of type) specified in paragraphs (a) and (b) of this section and the requirement with respect to travel agents specified in paragraph (c) of this section may be waived by the Department upon application and showing by the carrier that special and unusual circumstances render the enforcement of the regulations impractical and unduly burdensome and that adequate alternative means of giving notice are employed. (f) Applications for relief under paragraphs (d) and (e) of this section shall be filed with the Department's Office of International Aviation not later than 15 days before the date on which such relief is requested to become effective. (g) Notwithstanding any other provisions of this section, no air taxi operator subject to part 298 of this subchapter shall be required to give the notices prescribed in this section, either in its capacity as an air carrier or in its capacity as an agent for an air carrier or foreign air carrier. Sec. 221.106 [REMOVED AND RESERVED] 0 47. Sec. 221.106 is removed and reserved. PART 222--INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS 0 48. The authority citation for part 222 is revised to read as follows: Authority: 49 U.S.C. 40113 and 41301. Sec. 222.2 [Amended] 0 49. In Sec. 222.2, in paragraphs (a) and (d), remove the word ``Board'' each place it appears, and add, in its place, the word ``Department''. 0 50. In Sec. 222.3, paragraphs (a) and (b) are revised to read as follows: Sec. 222.3 Application for Statement of Authorization. (a) Application for a Statement of Authorization shall be filed with the Department's Foreign Air Carrier Licensing Division, Office of International Aviation, in duplicate, on OST Form 4500. In most cases, the Department will act upon applications for Statements of Authorization within 60 days. (b) Persons objecting to an application for a Statement of Authorization shall file their objections with the Foreign Air Carrier Licensing Division, Office of International Aviation, within 28 days [[Page 21691]] of the filing date of the application. The Department will list the names and nationalities of all persons applying for Statements of Authorization in its Weekly Summary of Filings. * * * * * Sec. 222.4 [Amended] 0 51. In Sec. 222.4, in paragraphs (a), remove the word ``Board'' and add, in its place, the word ``Department''; in paragraph (a)(1) remove the words ``CAB Form 222'' and add, in their place, the words ``OST Form 4500'', and remove the words ``Form 222'' and add, in their place, the words ``Form 4500''; in paragraph (b), remove the word ``Board's'' and add, in its place, the word ``Department's''. Sec. 222.5 [Amended] 0 52. In Sec. 222.5, remove the word ``Board'' each place it appears, and add, in its place, the word ``Department''. PART 222--APPENDIX [REMOVED] 0 53. Appendix A to Part 222-CAB Form 222 is removed. PART 223--FREE AND REDUCED-RATE TRANSPORTATION 0 54. The authority citation for part 223 is revised to read as follows: Authority: 49 U.S.C. 40113, 40114, and 41711. 0 55. Section 223.1 is revised to read as follows: Sec. 223.1 Definitions. As used in this part, unless the context otherwise requires: An affiliate of a carrier means a person: (a) Who controls that carrier, or is controlled by that carrier or by another person who controls or is controlled by that carrier; and (b) Whose principal business in purpose or in fact is: (1) The holding of stock in one or more carriers; (2) Transportation by air or the sale of tickets therefor; (3) The operation of one or more airports, one or more of which are used by that carrier or by another carrier who controls or is controlled by that carrier or that is under common control with that carrier by another person; or (4) Activities related to the transportation by air conducted by that carrier or by another carrier that controls or is controlled by that carrier or which is under common control with that carrier by another person. Air carrier means the holder of a certificate of public convenience and necessity issued by the Department under 49 U.S.C. 41102 authorizing the carriage of persons. This definition is applicable to a holder of a certificate issued by the Civil Aeronautics Board before its sunset in 1984. Attendant means any person required by a passenger with a disability in order to travel, whether or not that person's services are required while the passenger with a disability is in an aircraft. Carrier means: (a) An air carrier; (b) An all-cargo air carrier operating under 49 U.S.C. 41102, 41103. (c) A foreign air carrier; (d) An intrastate carrier; (e) An air taxi (including a commuter air carrier) operating under parts 294 or 298 of this chapter; and (f) Any person operating as a common carrier by air, or in the carriage of mail by air, or conducting transportation by air, in a foreign country. Delivery flight means a flight from a point in the United States where a carrier has taken delivery of a newly manufactured aircraft to any point or points on its route system. Foreign air carrier means the holder of a permit issued by the Department under 49 U.S.C. 41302 authorizing the carriage of persons. This definition is applicable to a holder of a certificate issued by the Civil Aeronautics Board before its sunset in 1984. Free transportation means the carriage by an air carrier or foreign air carrier of any person or property (other than property owned by that carrier) in air transportation without compensation therefore. Inaugural flight means a flight on an aircraft type being introduced by a carrier for the first time on a route, even if that aircraft type has been used by that carrier on other routes or on that route by other carriers. Passenger with a disability means any person who has a physical or mental impairment (other than drug addiction or alcoholism), that substantially limits one or more major life activities. Pass means a written authorization, other than actual ticket stock, issued by a carrier for free or reduced-rate transportation of persons or property. Reduced-rate transportation means the carriage by an air carrier or foreign air carrier of any person or property (other than property owned by such carrier) in air transportation for a compensation less than that specified in the tariffs of that carrier on file with the Department and otherwise applicable to such carriage. Retired means: (a) With respect to carrier directors, officers, and employees, persons receiving retirement benefits from any carrier; (b) With respect to the general public, persons not regularly working at a full-time paying job, and not intending to do so in the future. Sec. 223.2 [Amended] 0 56. In Sec. 223.2, in paragraph (a), remove the words ``section 401 of the Act'' and add, in their place, the words ``section 41102 of 49 U.S.C.''. Sec. 223.6 [Amended] 0 57. In Sec. 223.6, in paragraph (c), remove the word ``Board'' and add, in its place, the word ``Department''. Sec. 223.21 [Amended] 0 58. In Sec. 223.21, in paragraph (a), remove the words ``section 403(b) of the Act'' and add, in their place, the words ``section 41511 of 49 U.S.C.''. Sec. 223.22 [Amended] 0 59. In Sec. 223.22, in the introductory text, remove the words ``sections 403 and 404(b) of the Act'' and add, in their place, the words ``sections 41510 and 41310(b) of 49 U.S.C.''; in paragraphs (b) and (b)(1), remove the word ``Board'' and add, in its place, the word ``Department''. Sec. 223.23 [Amended] 0 60. In Sec. 223.23, in paragraph (a) remove the word ``Board'' and add, in its place, the word ``Department''. Sec. 223.25 [Amended] 0 61. Sec. 223.25, in paragraph (c), remove the word ``Board'' and add, in its place, the word ``Department''. PART 232 [REMOVED] 0 62. Part 232 is removed. PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS 0 63. The authority citation for part 234 is revised to read as follows: Authority: 49 U.S.C. 329, 41708, and 41709. PART 240--INSPECTION OF ACCOUNTS AND PROPERTY 0 64. The authority citation for part 240 is added to read as follows: Authority: 49 U.S.C. 40113, 40114, 41711, 41708, and 41709. 0 65. Section 240.1 is revised to read as follows: Sec. 240.1 Interpretation. (a) In the exercise of the authority granted by 49 U.S.C. 41709, the authority of any special agent or auditor to inspect and examine lands, buildings, [[Page 21692]] equipment, accounts, records, memorandums, papers or correspondence shall include the authority to make such notes and copies thereof as he or she deems appropriate. (b) The term ``special agent'' and ``auditor'' are construed to mean any employee of the Office of Aviation Enforcement and Proceedings and any other employee of the Department specifically designated by it or by the Director, Office of Security. (c) The issuance in the form set forth below of an identification card and credentials to any such employee shall be construed to be an order and direction of the Department to such individual to inspect and examine lands, buildings, equipment, accounts, records, and memorandums in accordance with the authority conferred on the Department by 49 U.S.C. Subtitle VII. THE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, OFFICE OF THE SECRETARY OF TRANSPORTATION [photo] [number] [expiration date] IS APPOINTED [title] The bearer of this credential whose name and photograph appear hereon is authorized to enter upon, to inspect, and examine lands, buildings (including airport facilities), and equipment (including aircraft) of air carriers and foreign air carriers, and to inspect and copy records and papers of air carriers, foreign air carriers and ticket agents, in performance of his/her duties under 49 U.S.C. 41709, related acts, and regulations of the Department. BY DIRECTION OF THE SECRETARY Sec. 240.2 [Amended] 0 66. In Sec. 240.2, remove the word ``Board'' and add, in its place, the word ``Department''; remove the word ``him'' and add, in its place, the words ``him or her''; remove the word ``he'' and add, in its place, the words ``he or she''. PART 241--UNIFORM SYSTEM OF ACCOUNTS AND REPORTS FOR LARGE CERTIFICATED AIR CARRIERS 0 67. The authority citation for part 241 is revised to read as follows: Authority: 49 U.S.C. 329, 41101, 41708, and 41709. Section 01 [Removed and Reserved] 0 68. In part 241, section 01 is removed and reserved. 0 69. In part 241, Section 03, remove the definition ``Act'' from where it appears in the section; the definitions for ``Air transportation, charter'' and ``Route, certificated'' are revised to read as follows: Section 03 Definitions for Purposes of This System of Accounts and Reports * * * * * Air transportation, charter. Air transportation authorized pursuant to 49 U.S.C. 41102. * * * * * Route, certificated. The route(s) over which an air carrier is authorized to provide air transportation by a Certificate of Public Convenience and Necessity issued by the Department of Transportation pursuant to 49 U.S.C. 41102. This definition is applicable to an air carrier issued a Certificate of Public Convenience by the Civil Aeronautics Board before its sunset in 1984. * * * * * Section 04 [AMENDED] 0 70. In part 241, Section 04, in paragraph (b), in the third sentence, remove the words ``The Office of Airline Statistics'' and add, in their place, ``The Office of Airline Information''. Section 12 [AMENDED] 0 71. In part 241, Section 12-77, in the last sentence of paragraph (b), remove the words ``, in the absence of such action by the Civil Aeronautics Board,''. Section 19 [AMENDED] 0 72. In part 241, Sec. 19-6(b)(2), in the first sentence, remove the words ``Department under Title IV of the Federal Aviation Act of 1958, as amended,'' and add, in their place, the words ``Department under 49 U.S.C. Subtitle VII,''. 0 73. In part 241, Sec. 19-7(a), in the last sentence, remove the word ``K-25'' and add, in its place, the word ``RTS-42''. 0 74. In Appendix A to part 241 Sec. 19-7, subsection I.B. Narrative Description, in the first paragraph, remove the last sentence and add, in its place, the sentence ``The authority for these instructions is found in 14 CFR part 241, section 19-7.'' Section 21 [AMENDED] 0 75. In part 241, Section 21(a), remove the words ``subject to the Federal Aviation Act of 1958, as amended,''; remove the words ``Civil Aeronautics Board'' and add, in their place, the word ``BTS''. Section 22 [AMENDED] 0 76. In part 241, Section 22, General Reporting Instructions, in the List of Schedules in the BTS Form 41 Report, for Schedule No. P-2, in the title, remove the word ``RSPA'' and add, in its place, the word ``BTS''; in paragraphs (c) and (j), remove the word ``Board'' each place it appears, and add, in its place, the word ``BTS''. Section 24 [AMENDED] 0 77. In part 241, Section 24, Schedule P-5.1, in paragraph (e), in the fourth sentence, remove the words ``Board's Information Management Division'' and add, in their place, the words ``Office of Airline Information, RTS-42''. PART 243--PASSENGER MANIFEST INFORMATION 0 78. The authority citation for part 243 continues to read as follows: Authority: 49 U.S.C. 40101, 40101nt., 40105, 40113, 40114, 41708, 41709, 41711, 41501, 41702, 41712, 44909, 46301, 46310, 46316; section 203 of Pub. L. 101-604, 104 Stat. 3066 (22 U.S.C. 5501-5513), Title VII of Pub. L. 104-264, 110 Stat. 3213 (22 U.S.C. 5501-5513) and Pub. L. 105-148, 111 Stat. 2681 (49 U.S.C. 41313). Sec. 243.11 [Amended] 0 79. In Sec. 243.11, in paragraph (c), remove the words ``Family Support Services'' and add, in their place, the words ``Transportation Disaster Assistance''. Sec. 243.13 [Amended] 0 80. In Sec. 243.13, in paragraph (c), remove the words ``Dockets Facility (SVC-121.30)'' and add, in their place, the words ``Dockets Management Facility (M-90)''; also remove the words ``by July 1, 1998, or, for covered airlines beginning operations after July 1, 1998,''.. PART 247--DIRECT AIRPORT-TO-AIRPORT MILEAGE RECORDS 0 81. The authority citation for part 247 continues to read as follows: Authority: 49 U.S.C. chapter 401. Sec. 247.1 [Amended] 0 82. In Sec. 247.1, remove the words ``Titles IV and X of the Federal Aviation Act of 1958, as amended'' and add, in their place, the words ``Subtitle VII of Title 49 of the United States Code (Transportation)''. PART 248--SUBMISSION OF AUDIT REPORTS 0 83. The authority citation for part 248 is revised to read as follows: Authority: 49 U.S.C. 329, 41102, 41708, and 41709. [[Page 21693]] Sec. 248.2 [Amended] 0 84. In Sec. 248.2, in paragraph (b), remove the words ``Board's Office of the Comptroller'' and add, in their place, the words ``BTS' Office of Airline Information''. PART 249--PRESERVATION OF AIR CARRIER RECORDS 0 85. The authority citation for part 249 continues to read as follows: Authority: 49 U.S.C. 329 and chapters 401, 411, 413, and 417. Sec. 249.7 [Amended] 0 86. In Sec. 249.7, in paragraph (b), remove the word ``Board'' and add, in its place, the word ``Department''. PART 253--NOTICE OF TERMS OF CONTRACT OF CARRIAGE 0 87. The authority citation for part 253 is revised to read as follows: Authority: 49 U.S.C. 40113, 40114, 41501, 41504, 41506, 41509, 41510, 41511, 41702, and 41711. Sec. 253.7 [Amended] 0 88. In Sec. 253.7, remove the reference ``Sec. 399.87'' and add, in its place, the reference ``Sec. 399.88''. PART 257--DISCLOSURE OF CODE-SHARING ARRANGEMENTS AND LONG-TERM WET LEASES 0 89. The authority citation for part 257 continues to read as follows: Authority: 49 U.S.C. 40113(a), and 41712. Sec. 257.3 [Amended] 0 90. In Sec. 257.3, remove the word ``(g)''; remove the reference ``49 U.S.C. 40102(40)'' and add, in its place, the reference ``49 U.S.C. 40102(45)''; the definition of ``Designator code'' is revised to read as follows: Sec. 257.3 Definitions * * * * * Designator code means the airline designations originally allotted, administered, and prescribed by the Department of Transportation (DOT), by operation of law, pursuant to 49 U.S.C. Subtitle VII or its predecessor's statutory provisions still in effect by law. * * * * * PART 258--DISCLOSURE OF CHANGE-OF-GAUGE SERVICES 0 91. The authority citation for part 258 continues to read as follows: Authority: 49 U.S.C. 40113(a) and 41712. Sec. 258.3 [Amended] 0 92. In Sec. 258.3, in paragraph (d), at the end of the sentence, delete the reference ``40102(40)'' and add, in its place, the reference ``40102(a)(45)''. PART 271--GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION 0 93. The authority citation for part 271 continues to read as follows: Authority: 49 U.S.C. Chapters 401 and 417. 0 94. In Sec. 271.2, in the Definitions, the term ``Eligible place'' is revised to read as follows: Sec. 271.2 [Amended] * * * * * Eligible place means a place in the United States that meets the specified criteria outlined in Chapter 417 of 49 U.S.C. * * * * * PART 272 [REMOVED AND RESERVED] 0 95. Part 272 is removed and reserved. PART 291--CARGO OPERATIONS IN INTERSTATE AIR TRANSPORTATION 0 96. The authority citation for part 291 is revised to read as follows: Authority: 49 U.S.C. 329, 41103, 41708, and 41709. Sec. 291.45 [Amended] 0 97. In Sec. 291.45, in the Appendix to 291.45, paragraph (c), remove the organizational code ``K-14'' and add, in its place ``RTS-42''. Sec. 291.60 [Amended] 0 98. In Sec. 291.60, in paragraph (b)(2), in the first sentence, remove the words ``Title IV of the Federal Aviation Act of 1958, as amended'' and add, in their place, the words ``Subtitle VII of Title 49 of the United States Code (Transportation)''. PART 294--CANADIAN CHARTER AIR TAXI OPERATORS 0 99. The authority citation for part 294 continues to read as follows: Authority: 49 U.S.C. Chapters 401 and 417. 0 100. Throughout part 294, remove the words ``Special Authorities Division'' and add, in their place, the words ``U.S. Air Carrier Licensing/Special Authorities Division''. Sec. 294.10 [Amended] 0 101. In Sec. 294.10, add a period at the end of paragraph (d). Sec. 294.30 [Amended] 0 102. In Sec. 294.30, in paragraph (c), in the first sentence, remove the words ``exemption under section 41701'' and add, in their place, the words ``exemption under 49 U.S.C. 40109''. PART 296--INDIRECT AIR TRANSPORTATION OF PROPERTY 0 103. The authority citation for part 296 continues to read as follows Authority: 49 U.S.C. Chapters 401 and 417. Sec. 296.3 [Amended] 0 104. In Sec. 296.3, at the end of the paragraph, remove the words ``the Civil Aeronautics Board'' and add, in their place, the words ``its predecessor to the extent that those actions, by law, are still in effect''. PART 297--FOREIGN AIR FREIGHT FORWARDERS AND FOREIGN COOPERATIVE SHIPPERS ASSOCIATIONS 0 105. The authority citation for part 297 continues to read as follows: Authority: 49 U.S.C. Chapters 401 and 417. 0 106. Throughout part 297, remove the words ``Aviation Analysis'' and add, in their place, the words ``International Aviation''. 0 107. Throughout part 297, remove the words ``Special Authorities Division'' and add, in their place, the words ``U.S. Air Carrier Licensing/Special Authorities Division''. Sec. 297.3 [Amended] 0 108. In Sec. 297.3, in paragraph (b), remove the words ``bona fide asociation'' and add, in their place, the words ``bona fide association''. PART 298--EXEMPTIONS FOR AIR TAXI AND COMMUTER AIR CARRIER OPERATIONS 0 109. The authority citation for part 298 is revised to read as follows: Authority: 49 U.S.C. 329, 41102, 41708, and 41709. 0 110. In Sec. 298.2, in the list of definitions, the term ``Eligible place'' is revised to read as follows: Sec. 298.2 Definitions. * * * * * Eligible place means a place in the United States that meets the specified criteria outlined in Chapter 417 of 49 U.S.C. * * * * * Sec. 298.21 [Amended] 0 111. In Sec. 298.21: [[Page 21694]] 0 a. In paragraph (a), remove the words ``Program Management Branch'' and add, in their place, the words ``Technical Programs Branch''. 0 b. In paragraph (c)(1), remove the words ``Program Management Branch, Federal Aviation Administration, AFS-260, or on the World Wide Web at http://www.faa.gov/avr/afs/afs200/afs260/Part298.cfm'' and add, in their place, the words ``Technical Programs Branch, Federal Aviation Administration, AFS-260 at (202) 267-8166, or on the internet at https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/ afx/afs/afs200/afs260/exemptions/''. 0 c. In paragraph (d), in the first sentence, remove the words ``Program Management Branch (AFS-260), 800 Independence Avenue SW, Washington, DC 20591'' and add, in their place, the words ``Technical Programs Branch (AFS-260), 800 Independence Avenue SW, Room 831, Washington, DC 20591''. Sec. 298.23 [Amended] 0 112. In Sec. 298.23, in paragraph (b), in the first sentence, remove the words ``Program Management Branch (AFS-260), 800 Independence Avenue SW, Washington, DC 20591'' and add, in their place, the words ``Technical Programs Branch (AFS-260), 800 Independence Avenue SW, Room 831, Washington, DC 20591''; in the second sentence, remove the words ``Alaskan Region Headquarters (AAL-230), 222 West 7th Avenue, Box 14, Anchorage, Alaska 99513'' and add, in their place, the words ``Alaskan Region Headquarters Technical Standards Branch, (AAL-231), 222 West 7th Avenue, Box 14, Anchorage, Alaska 99513''. Sec. 298.50 [Amended] 0 113. In Sec. 298.50, in paragraph (a)(3), remove the words ``A $670 filing fee in the form of a check, draft, or postal money order payable to the Department of Transportation'' and add, in their place, the words ``A $670 filing fee submitted in accordance with the provisions of Sec. 389.21''; in paragraph (b), remove the words ``Department of Transportation Dockets,'' and add, in their place, the words ``Docket Operations Office, U.S. Department of Transportation,''. 0 114. In Sec. 298.60, revise paragraph (a) to read as follows: Sec. 298.60 General reporting instruction. (a) Each commuter air carrier and each small certificated air carrier shall file with the Department's Bureau of Transportation Statistics (BTS) the applicable schedules of BTS Form 298-C, ``A Report of Financial and Operating Statistics for Small Aircraft Operators'', and Schedule T-100, ``U.S. Air Carrier Traffic and Capacity Data by Nonstop Segment and On-Flight Market'', as required by this section. * * * * * Sec. 298.61 [Amended] 0 115. In Sec. 298.61 paragraph (a), remove the words ``AU.S. Air Carrier Traffic and Capacity Data by Nonstop Segment and On-Flight Market.'' '', and add, in their place, the words `` ``U.S. Air Carrier Traffic and Capacity Data by Nonstop Segment and On-Flight Market.'' ''; in paragraph (b), remove the words ``Schedule T-100 shall be filed monthly as set forth in ``298.60.'', and add, in their place, the words `` ``Schedule T-100 shall be filed monthly as set forth in Sec. 298.60'' ''; and in paragraph (e)(2), remove the organizational code ``K-14'' and add, in its place ``RTS-42''. Sec. 298.70 [Amended] 0 116. In Sec. 298.70, in paragraph (d)(2), remove the words ``Title IV of the Federal Aviation Act of 1958, as amended'' and add, in their place, the words ``Subtitle VII of Title 49 of the United States Code (Transportation)''. PART 300--RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER 0 117. The authority citation for part 300 continues to read as follows: Authority: 49 U.S.C. subtitle I and chapters 401, 411, 413, 415, 417, 419, 421, 449, 461, 463, and 465. Sec. Sec. 300.0a, 300.8, 300.9, 300.10, 300.10a, 300.11, 300.12, 300.13, 300.14, and 300.16 [REMOVED] Sec. Sec. 300.17 through 300.20 [REDESIGNATED AS Sec. Sec. 300.9 through 300.12] 0 118. Remove Sec. Sec. 300.0a, 300.8, 300.9, 300.10, 300.10a, 300.11, 300.12, 300.13, 300.14, and 300.16 and redesignate Sec. Sec. 300.17 through 300.20 as Sec. Sec. 300.9 through 300.12, respectively. Sec. 300.3 [Amended] 0 119. In Sec. 300.3: 0 a. In paragraph (b)(1), remove the word ``(DMS)'' and add, in its place, the words ``(http://www.regulations.gov)''; also remove the words ``and Media Management.'' 0 b. In paragraph (b)(3), remove the words ``http://dms.dot.gov'' and add, in their place, the words ``www.regulations.gov''. 0 c. In paragraph (c)(1), remove the words ``and Media Management.'' Sec. 300.4 [Amended] 0 120. In Sec. 300.4, in paragraph (c), remove the reference ``paragraph (a)'', and, in its place, add the reference ``paragraph (b)''; revise paragraph (d) to read as follows: Sec. 300.4 Separation of functions in hearing cases. * * * * * (d) In enforcement cases, the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings, under the supervision of the career Deputy General Counsel and the General Counsel, will conduct all enforcement proceedings and related investigative functions, while the non-career Deputy General Counsel will advise the DOT decisionmaker in the course of the decisional process. The Office of the Assistant General Counsel for Aviation Enforcement and Proceedings will report to the career Deputy General Counsel and the General Counsel. To ensure the independence of these functions, this Office and the General Counsel, for the purpose of this section, shall be considered an ``office'' as that term is used in paragraph (b), separate from the non-career Deputy General Counsel and the rest of the Office of the General Counsel. Sec. 300.8 [Removed and Reserved] 0 121. Remove and reserve Sec. 300.8. Sec. 300.15 [REDESIGNATED AS Sec. 300.8 AND AMENDED] 0 122. Redesignate Sec. 300.15 as Sec. 300.8; remove the word ``(a)''; and remove paragraph (b) from the newly redesignated Sec. 300.8. PART 302--RULES OF PRACTICE IN PROCEEDINGS 0 123. The authority citation for part 302 is revised to read as follows: Authority: 39 U.S.C. 5402; 42 U.S.C. 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, and 471. Sec. 302.3 [Amended] 0 124. In Sec. 302.3: 0 a. In paragraph (a)(1), in the second sentence, remove the words ``the DOT Dockets Management System (DMS) internet website'' and add, in their place, the words ``http://www.regulations.gov''. 0 b. In paragraph (c), in the third sentence, remove the words ``the specified DOT DMS internet website'' and add, in their place, the words ``http://www.regulations.gov''. 0 c. In paragraph (d)(1)(ii), in the first sentence, remove the words ``the DOT DMS internet website'' and add, in their [[Page 21695]] place, the words ``http://www.regulations.gov''. Sec. 302.4 [Amended] 0 125. In Sec. 302.4, remove the words ``the DOT DMS internet website'' each place they appear, and add, in their place, the words ``http://www.regulations.gov''. Sec. 302.7 [Amended] 0 126. In Sec. 302.7, remove the word ``Sec. 302.4(a)(2)(iv)'' each place it appears, and add, in its place, the word ``Sec. 302.4(a)(2)(i)(D)''. 0 127. In Sec. 302.24, paragraphs (g)(1)(iii) through (vi), (g)(1)(viii), (g)(1)(ix), (g)(1)(xiv) through (xx), and (g)(2) and (3) are revised to read as follows: Sec. 302.24 Evidence. * * * * * (g) * * * (1) * * * (iii) Reports of Traffic and Financial Data of all U.S. Air Carriers issued by the Department or by its predecessor. (iv) Airline Traffic Surveys and Passenger Origin-Destination Surveys, Domestic or International, compiled by the Department or its predecessor and published and/or made available either to the public or to parties in proceedings. (v) Compilations of data relating to competition in the airline industry and made available to the public by the Department or its predecessor. (vi) Passenger, mail, express, and freight data submitted to the Department and its predecessor as part of ER-586 Service Segment Data by U.S. carriers, or similar data submitted to the Department by U.S. air carriers (T-100) or (T-100F) that are not confidential. (vii) * * * (viii) Service Mail Pay and Subsidy for U.S. Certificated Air Carriers published by the Department or its predecessor, including any supplemental data and subsequent issues published by the Department or its predecessor. * * * * * (xii) Chart Supplements, issued by the FAA. (xiii) * * * (xiv) Monthly, quarterly and annual reports of the Immigration and Naturalization Service, U.S. Department of Justice. (xv) All forms and reports required by the U.S. Postal Service to be filed by air carriers authorized to transport mail. (xvi) All orders of the Postmaster General designating schedules for the transportation of mail. (xvii) Publications of the Bureau of the Census of the U.S. Department of Commerce (DOC) relating, but not necessarily limited, to population, manufacturing, business, statistics, and any yearbooks, abstracts, or similar publications published by DOC. (xviii) All Official Airline Guides, including the North American, Worldwide, All-Cargo and quick reference editions, including electronic versions. (xix) Official Railways Guide and Russell's Official National Motor Coach Guide. (xx) The Rand McNally Commercial Atlas and Marketing Guide, and the Rand McNally Road Atlas, United States, Canada, and Mexico. (2) Any fact contained in a document belonging to a category enumerated in paragraph (g)(1) of this section shall be deemed to have been physically incorporated into and made part of the record in such proceedings. However, such taking of official notice shall be subject to the rights granted to any party or intervener to the proceeding under section 7(d) of the Administrative Procedure Act (5 U.S.C. 557(d)). (3) The decisions of the Department and its administrative law judges may officially notice any appropriate matter without regard to whether or not such items are contained in a document belonging to the categories enumerated in paragraph (g)(1) of this section. However, where the decision rests on official notice of a material fact or facts, it will set forth such items with sufficient particularity to advise interested persons of the matters that have been noticed. * * * * * 0 128. Throughout Subpart D, remove the word ``Deputy'' wherever it appears. Sec. 302.401 [Amended] 0 129. In Sec. 302.401, remove the words ``Subtitle VII of''. 0 130. In Sec. 302.603, paragraph (b) is revised to read as follows: Sec. 302.603 Contents of complaint or request for determination. * * * * * (b) All exhibits and briefs prepared on electronic spreadsheet or word processing programs should be accompanied by standard-format electronic media containing those submissions. Parties should submit three copies the electronic media to Department of Transportation Dockets Operations Office: One copy for the docket, one copy for the Office of Hearings, and one copy for the Office of Aviation Analysis. Filers should ensure that files on the electronic media are unalterably locked. PART 303-- REVIEW OF AIR CARRIER AGREEMENTS 0 131. The authority citation for part 303 continues to read as follows: Authority: 49 U.S.C. chapters 401, 413, and 417. 0 132. The introductory text to Sec. 303.01 is revised to read as follows: Sec. 303.01 Purpose. These regulations set forth the procedures by which applications may be made to the Department of Transportation under 49 U.S.C. 41308 and 41309 and procedures governing proceedings to enforce these provisions. These regulations and procedures supplement the rules described in part 302 of this chapter, which also apply to the review of air carrier agreements. 0 133. Section 303.02 is revised to read as follows: Sec. 303.02 Definitions. (a) The term Assistant Secretary means the Assistant Secretary for Aviation and International Affairs, or as delegated. As provided in 49 CFR 1.21, the Secretary or Deputy Secretary may exercise any authority in lieu of the Assistant Secretary under the provisions of this part. (b) The term documents means (1) all written, recorded, transcribed or graphic matter including letters, telegrams, memoranda, reports, studies, forecasts, lists, directives, tabulations, logs, or minutes and records of meetings, conferences, telephone or other conversations or communications; and (2) all information contained in data processing equipment or materials. The term does not include daily or weekly statistical reports in whose place an annual or monthly summary is submitted. (c) The term hearing means either a show-cause proceeding as provided in Sec. 303.44 of this part or a full evidentiary hearing as provided in Sec. 303.45 of this part, whichever is determined by the Assistant Secretary to be appropriate. (d)-(g) [Reserved] (h) The term Section 41309 transaction means any contract, agreement or discussion of a cooperative working arrangement within the scope of 49 U.S.C. 41309. (i) [Reserved] 0 134. Section 303.3 is revised to read as follows: Sec. 303.03 Requirement to file application. A person who seeks approval of a section 41309 transaction must file the application with the Docket Operations Office, M-30, U.S. Department of Transportation, 1200 New Jersey [[Page 21696]] Avenue SE, Washington, DC 20590, or by electronic submission at http://www.regulations.gov. The application must conform to the requirements set forth in Sec. Sec. 303.04 and 303.05 of this part. 0 135. Section 303.04(i) is revised to read as follows: Sec. 303.04 General rules governing application content, procedure and conditions of approval. * * * * * (i) The person submitting the application to the Department shall send a complete copy of the application to the Chief, Transportation Section, Antitrust Division of the Department of Justice, at the same time as it is filed with the Docket Operations Office. * * * * * 0 136. Section 303.05(a) is revised to read as follows: Sec. 303.05 Applications requesting antitrust immunity. (a) Each application must state explicitly whether or not the applicant seeks antitrust immunity under the provisions of 49 U.S.C. 41308. If antitrust immunity is requested, the application should specify whether the applicant seeks full immunity or immunity only from the provisions of sections 4, 4a and 4c of the Clayton Act, 15 U.S.C. 15, 15a, 15c. Each application seeking antitrust immunity shall contain a statement explaining why the applicant believes immunity is in the public interest and necessary in order for the transaction to proceed. * * * * * 0 137. Section 303.06 is revised to read as follows: Sec. 303.06 Review of antitrust immunity. The Assistant Secretary may initiate a proceeding to review any antitrust immunity previously conferred by the Department's predecessor or the Department in any section 41309 transaction. The Assistant Secretary may terminate or modify such immunity if the Assistant Secretary finds after notice and hearing that the previously conferred immunity is not consistent with the provisions of section 41308. In any proceeding to review such immunity, the proponents of the immunity shall have the burden of justifying the continuation of previously conferred immunity under the provisions of section 41308. 0 138. Section 303.07 is revised to read as follows: Sec. 303.07 Transitional rule. If a section 41309 application or a request for antitrust immunity under section 41308 is pending on the date this part is amended, such application or request shall be deemed made pursuant to the provisions of this part, as amended. 0 139. The title of Subpart D is revised to read as follows: Subpart D--Section 41309 Applications 0 140. In Sec. 303.30 the introductory text and paragraph (c) are revised to read as follows: Sec. 303.30 General provisions concerning contents of applications. A Section 41309 application shall contain the following general information: * * * * * (c) If the contract, agreement or request for authority to discuss a cooperative working arrangement is evidenced by a resolution or other action of an air carrier association, the application shall contain the resolution or other action and a certification by an authorized employee of the association that the resolution or other action was duly adopted on a certain date. The authorized employee shall also specify in such certification the name of each air carrier that concurred in such resolution or other action and the name of each air carrier member that did not concur. 0 141. Section 303.31 is revised to read as follows: Sec. 303.31 Justification for the application. A section 41309 application shall explain the nature and purpose of the contract, agreement or request to discuss a cooperative working arrangement and describe how it changes any price, rule, or practice existing under a previously approved application. The application also, consistent with Department of Transportation and the precedent of DOT's predecessor, shall contain factual material, documentation, and argument in support of the application. Economic analyses, when required, shall include full explanatory details, including data sources and allocation methods. If the applicants intend to rely upon market data sources, other than those available to the public by the Department, the complete market data shall be included with the application at the time of filing. If the applicants intend to rely on public benefits to justify approval, they shall describe these benefits, including foreign policy and comity considerations. Sec. 303.32 [Amended] 0 142. In Sec. 303.32(a), in the first sentence, remove the words ``412 application'' and add, in their place, the words ``41309 application''. 0 143. In Sec. 303.42, paragraph (a) is revised to read as follow: Sec. 303.42 Comments on application. (a) Unless a different comment period is specified by notice or order, or in a notice of filing published in the Federal Register, any person may file comments, responses to the application, and/or a request for a hearing, within 21 days of the filing of an application. * * * * * Sec. 303.43 [Amended] 0 144. In Sec. 303.43(b), remove the words ``412 application'' each place they appear, and add, in their place, the words ``41309 application''. PART 305--RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS 0 145. The authority citation for part 305 continues to read as follows: Authority: 49 U.S.C. chapters 401, 417, 461; 5 U.S.C. 555, 556. 0 146. Throughout the part 305, remove the word ``Deputy'' wherever it appears. Sec. 305.1 [Amended] 0 147. In Sec. 305.1, remove the words ``Title IV or sections 101(3), 1002, 1003, or 1108(b) of the Act'' and add, in their place, the words ``49 U.S.C. Subtitle VII, Chapter 411 or 49 U.S.C. 40102(2), 41502, 41507, 41508, 41509, 41702, 41703, or 46101''. 0 148. Sec. 305.7(b) is revised to read as follows: Sec. 305.7 Issuance of investigation subpenas. * * * * * (b) Witnesses subpoenaed to appear shall be paid the fees and mileage prescribed in Sec. 302.27(c) of the Rules of Practice (14 CFR 302.27(c)). Service of such subpoenas shall be made in accordance with the provisions of (Sec. 302.7) of the Rules of Practice (14 CFR 302.7). Sec. 305.11 [Amended] 0 149. In Sec. 305.11, remove the word ``Deputy'' each place it appears; and in the first sentence, remove the words ``, and any documentary evidence obtained in the investigation will be returned to the persons who produced it''. PART 323--TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE 0 150. The authority citation for part 323 continues to read as follows: [[Page 21697]] Authority: 49 U.S.C. Chapters 401, 411, and 417. Sec. 323.2 [Amended] 0 151. In Sec. 323.2, the terms ``Certificated carrier'' and ``Eligible place'' are revised to read as follows: Sec. 323.2 Definitions. * * * * * Certificated carrier means a direct air carrier holding authority to provide air transportation granted by the Department of Transportation (``DOT'') in the form of a certificate of public convenience and necessity under section 41102 of the Title 49 of the United States Code (Transportation) or an all-cargo air transportation certificate to perform all-cargo air transportation under 49 U.S.C. 41103. Eligible place means a place in the United States that meets the specified criteria outlined in Chapter 417 of 49 U.S.C. * * * * * PART 325--ESSENTIAL AIR SERVICE PROCEDURES 0 152. The authority citation for part 325 continues to read as follows: Authority: 49 U.S.C. Chapters 401 and 417. Sec. 325.1 [Amended] 0 153. In Sec. 325.1, remove the words ``under section 419 of the Act'' and add, in their place, the words ``under 49 U.S.C. 41732''. 0 154. Section 325.2 is revised to read as follows: Sec. 325.2 Applicability. This part applies to essential air service determinations for communities designated as eligible under 49 U.S.C. 41731 and to eligible place designations and essential air service determinations for communities that qualify under 49 U.S.C. 41732 and 41733. It applies to the gathering of data by the Department, and to the participation of State, local, and other officials and other interested persons in the designation and determination processes. * * * * * 0 155. Section 352.3 is revised to read as follows: Sec. 325.3 Definitions. As used in this part, eligible place means a place in the United States that meets the specified criteria outlined in Chapter 417 of 49 U.S.C. Sec. 325.4 [Amended] 0 156. Amend Sec. 325.4 as follows: 0 a. In Sec. 325.4, in paragraph (a), remove the words ``as an eligible point under section 419(b) of the Act'' and add, in their place, the words ``as an eligible place under 49 U.S.C. 41731''. 0 b. In paragraph (a)(1), remove the words ``section 401 certificate'' each place it appears, and add, in their place, the words ``section 41102 certificate''. 0 c. In paragraph (a)(3), remove the words ``eligible point'' and add, in their place, the words ``eligible place''. 0 d. In paragraph (b), remove the words ``Documentary Services Division'' and add, in their place, the words ``Docket Operations Office''; remove the words ``section 419(f) of the Act'' and add, in their place, the words ``49 U.S.C. 41737''. 0 e. In paragraph (c), remove the words ``eligible point'' and add, in their place, the words ``eligible place''; remove the words ``Documentary Services Division'' and add, in their place, the words ``Docket Operations Office''. 0 157. Section 325.5 is revised to read as follows: Sec. 325.5 Determinations and designations. DOT will issue a determination of the essential level of air service for a place within 6 months after each of the following events: (a) A notice is received that service to an eligible place will be reduced to only one carrier that holds a section 41102 certificate; (b) A point is designated as an eligible place under 49 U.S.C. 41731 and either paragraph (c) of this section, paragraph (d) of this section, or Sec. 325.7(e); or (c) A review was conducted of essential air service of that place under Sec. 325.6. Sec. 325.6 [Amended] 0 158. Amend Sec. 325.6 as follows: 0 a. In paragraph (a), remove the words ``eligible points'' each place it appears, and add, in their place, the words ``eligible places''. 0 b. In paragraph (c), remove the words ``under section 419(b) of a community as an eligible point to determine whether that point continues'' and add, in their place, the words ``under 49 U.S.C. 41733 to determine whether the community designated as an eligible place continues''. PART 330 [REMOVED and RESERVED] 0 159. Part 330 is removed and reserved. PART 372--OVERSEAS MILITARY PERSONNEL CHARTERS 0 160. The authority citation for part 372 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 411, 413, and 417. Sec. 372.30 [Amended] 0 161. In Sec. 372.30, in paragraph (a), remove the words ``Office of Aviation Analysis,'' and add, in their place, the words ``Office of International Aviation''; in paragraph (a)(9), remove the word ``applicant'' and add, in its place, the word ``applicants''. 0 162. Revise Appendix A to Part 372 to read as follows: Appendix A to Part 372--Overseas Military Personnel Charter Operator's Surety Bond Under Part 372 of the Regulations of the Department of Transportation (14 CFR Part 372) Know all persons by these presents, that we __ (name of charter operator) of __ (address) as Principal (hereinafter called ``Principal''), and __ (name of surety) a corporation created and existing under the laws of the State of __ (State) as Surety (hereinafter called ``Surety'') are held and firmly bound unto the United States of America in the sum of __ (see Sec. 372.24(a), 14 CFR part 372) for which payment, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. Whereas Principal is an overseas military personnel charter operator pursuant to the provisions of Part 372 of the Department's regulations and other rules and regulations of the Department relating to security for the protection of charter participants, and has elected to file with the Department of Transportation such a bond as will insure financial responsibility with respect to all monies received from charter participants for services in connection with overseas military personnel charters to be operated subject to Part 372 of the Department's Special Regulations in accordance with contracts, agreements, or arrangements therefor, and Whereas this bond is written to assure compliance by Principal as an authorized charter operator with Part 372 of the Department's regulations, and other rules and regulations of the Department relating to security for the protection of charter participants, and shall inure to the benefit of any and all charter participants to whom Principal may be held legally liable for any damages herein described. Now, therefore, the condition of this obligation is such that if Principal shall pay or cause to be paid to charter participants any sum or sums for which Principal may be held legally liable by reason of Principal's failure faithfully to perform, fulfill and carry out all contracts, agreements, and arrangements made by Principal while this bond is in effect with respect to the receipt of moneys from charter participants, and proper disbursement thereof pursuant to and in accordance with the provisions of Part 372 of the Department's regulations, then this obligation shall be void, otherwise to remain in full force and effect. The liability of Surety with respect to any charter participant shall not exceed the charter price paid by or on behalf of such participant. [[Page 21698]] The liability of Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penalty (face amount) of the bond, but in no event shall Surety's obligation hereunder exceed the amount of said penalty. Surety agrees to furnish written notice to the Office of International Aviation, Department of Transportation, forthwith of all suits or claims made and judgments rendered, and payments made by Surety under this bond. This bond shall cover the following Charters: \1\ --------------------------------------------------------------------------- \1\ These data may be supplied in an addendum attached to the bond. Surety company's bond No.---------------------------------------------- Date of flight departure----------------------------------------------- Place of flight departure---------------------------------------------- This bond is effective on the __ day of __, 12:01 a.m., standard time at the address of Principal as stated herein and as hereinafter provided. Principal or Surety may at any time terminate this bond by written notice to: U.S. Air Carrier Licensing/Special Authorities Division, Office of International Aviation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, such termination to become effective thirty (30) days after the actual receipt of said notice by the Department. Surety shall not be liable hereunder for the payment of any damages hereinbefore described which arise as a result of any contracts, agreements, undertakings, or arrangements for the supplying of transportation and other services made by Principal after the termination of this bond as herein provided, but such termination shall not affect the liability of the bond hereunder for the payment of any damages arising as a result of contracts, agreements, or arrangements for the supplying of transportation and other services made by Principal prior to the date that such termination becomes effective. Liability of Surety under this bond shall in all events be limited only to a charter participant or charter participants who shall within sixty (60) days after the termination of the particular charter described herein give written notice of claim to the charter operator or, if it is unavailable, to Surety, and all liability on this bond shall automatically terminate sixty (60) days after the termination date of each particular charter covered by this bond except for claims made in the time provided herein. In witness whereof, the said Principal and Surety have executed this instrument on the ___day of __ 20__. PRINCIPAL Name------------------------------------------------------------------- By: Signature and title------------------------------------------------ Witness---------------------------------------------------------------- SURETY Name------------------------------------------------------------------- By: Signature and title------------------------------------------------ Witness---------------------------------------------------------------- Only corporations may qualify to act as surety and they must meet the requirements set forth in Sec. 372.24(c) of Part 372. PART 374--[AMENDED] 0 163. The authority citation for part 374 is revised to read as follows: Authority: 15 U.S.C. 1601-1693r; 49 U.S.C., Subtitle VIII; and 12 CFR 202 and 1026. Sec. 374.3 [Amended] 0 164. In Sec. 374.3, in paragraph (b), in the first sentence, remove the words ``12 CFR part 202'' and add, in their place, the words ``12 CFR part 1002''; in the first sentence, remove the words ``12 CFR part 226'' and add, in their place, the words ``12 CFR part 1026''. PART 374a--EXTENSION OF CREDIT BY AIRLINES TO FEDERAL POLITICAL CANDIDATES 0 165. The authority citation for part 374a continues to read as follows: Authority: 49 U.S.C. chapters 401, 411, 415, and 417. 0 166. Section 374a.1 is revised to read as follows: Sec. 374a.1 Purpose. The purpose of this part is to issue rules pursuant to the Federal Election Campaign Act of 1971, as amended, in accordance with the Department's responsibility thereunder. Sec. 374a.3 [Amended] 0 167. In Sec. 374a.3, in the term ``Air carrier'' remove the words ``section 401 of the Federal Aviation Act of 1958, as amended'' and add, in their place, the words ``49 U.S.C. 41102''. 0 168. Section 374a.5 is revised to read as follows: Sec. 374a.5 Exemption authority. Air carriers are exempt from the following provisions of Subtitle VII of Title 49 of the United States Code: (a) Section 41510, (b) Section 41310, and any and all other provisions of 49 U.S.C. Subtitle VII, to the extent necessary to enable air carriers to comply with the provisions of this part. PART 375--NAVIGATION OF FOREIGN CIVIL AIRCRAFT WITHIN THE UNITED STATES 0 169. The authority citation for part 375 continues to read as follows: Authority: 49 U.S.C. 40102, 40103, and 41703. Sec. 375.1 [Amended] 0 170. In Sec. 375.1, remove the term ``Act''; in the term ``Air transportation'' remove the words ``(see section 101 (10) and (23) of the Federal Aviation Act, 49 U.S.C. 1301)'' and add, in their place, the words ``(see 49 U.S.C. 40102 (a)(5) and (a)(24))''; in the term ``Exemption'' remove the words ``under section 416(b) of the Act'' and add, in their place, the words ``under 49 U.S.C. 40109''; in the term ``Foreign air carrier permit'' remove the words ``section 402 of the Act'' and add, in their place, the words ``49 U.S.C. 41301''; in the term ``Foreign aircraft permit'' remove the words ``section 1108(b) of the Act'' and add, in their place, the words ``49 U.S.C. 41703''. Sec. 375.19 [Amended] 0 171. In Sec. 375.19, remove the words ``section 1108(b) of the Act'' each place it appears, and add, in their place, the words ``49 U.S.C. 41703''. Sec. 375.33 [Amended] 0 172. In Sec. 375.33, in the last sentence, remove the word ``safey'' and add, in its place, the word ``safety''. Sec. 375.35 [Amended] 0 173. In Sec. 375.35, in paragraph (a)(2), remove the words ``section 402 permit'' and add, in their place, the words ``section 41301 permit''. Sec. 375.43 [Amended] 0 174. In Sec. 375.43, in paragraph (e)(1), remove the words ``Aviation Operations'' and add, in their place, the words ``International Aviation''; in Sec. 375.43, paragraph (a) is revised to read as follows: Sec. 375.43 Application for foreign aircraft permit. (a) Applications for foreign aircraft permits shall be submitted on OST Form 4509 (Appendix A), in duplicate, addressed to the Chief, Foreign Air Carrier Licensing Division, X-45, Office of International Aviation. Applications should be submitted by email; see ``Application Procedures under Part 375'' at www.transportation.gov/policy/aviation-policy/licensing/foreign-carriers. * * * * * Sec. 375.50 [Amended] 0 175. Amend Sec. 375.50 as follows: 0 a. In paragraph (b), in the first sentence, remove the words ``Chief, Discrete Operations Branch, Licensing Division, P-45, Office of Aviation Operations'' and add, in their place, the words ``Chief, Foreign Air Carrier Licensing Division, X-45, Office of International Aviation''. 0 b. In paragraph (e), remove the words ``section 1108(b) of the Act'' and add, in their place, the words ``section 41703 of 49 U.S.C.''. 0 c. In paragraph (h), in the first sentence, remove the words ``Federal Aviation Act'' and add, in their place, [[Page 21699]] the words ``49 U.S.C. Subtitle VII''; in the fourth sentence, remove the words ``section 402 or 416(b) of the Act'' and add, in their place, the words ``section 41301 or 41709 of 49 U.S.C.''. Sec. 375.60 [Amended] 0 176. Section 375.60 is revised to read as follows: Sec. 375.60 Penalties. The operation of a foreign aircraft within the United States or over adjacent territorial waters in violation of the provisions of this part constitutes a violation of 49 U.S.C. Subtitle VII and of this chapter, and may, in addition, constitute a violation of the rules of the Federal Aviation Administration. Such operation makes the person or persons responsible for the violation or violations subject to a civil penalty as provided in 49 U.S.C. 46301, and to the alteration, amendment, modification, suspension or revocation of any permit issued under this part and of any U.S. certificate involved as provided in 49 U.S.C. 44709. Engaging in air transportation as defined in 49 U.S.C Subtitle VII by a foreign aircraft without a foreign air carrier permit issued pursuant to 49 U.S.C. 41301 or an exemption, or in violation of the terms of such authority constitutes not only a violation of this part but of Title 49, subtitle VII, as well, which entails a criminal penalty as set forth in 49 U.S.C. 46316. PART 377--CONTINUANCE OF EXPIRED AUTHORIZATIONS BY OPERATION OF LAW PENDING FINAL DETERMINATION OF APPLICATIONS FOR RENEWAL THEREOF 0 177. The authority citation for part 377 continues to read as follows: Authority: 49 U.S.C. Chapters 401 and 461; 5 U.S.C. 558 and 559. Sec. 377.1 [Amended] 0 178. In Sec. 377.1, in the term ``Authorization'' remove the words ``sections 101(3), 401, 402, 408, 409, 412 and 416 of the Federal Aviation Act of 1958, as amended'' and add, in their place, the words ``49 U.S.C. 40102, 41102, 41302, 41309, and 41708''. Sec. Sec. 377.2, 377.3, 377.4, 377.5, 377.10 and 377.11 [Amended] 0 179. In Sec. Sec. 377.2, 377.3, 377.4, 377.5, 377.10, and 377.11, remove the word ``Board'' each place it appears, and add, in its place, the word ``Department''. Sec. Sec. 377.3, 377.4, and 377.10 [Amended] 0 180. In Sec. Sec. 377.3, 377.4, and 377.10, remove the words ``section 401 of the Act'' and add, in their place, the words ``49 U.S.C. 41102''. Sec. 377.10 [Amended] 0 181. In paragraph(c)(3), remove the words ``section 402 of the Act and exemptions issued under section 416 '' and add, in their place, the words ``section 41301 of 49 U.S.C. and exemptions issued under section 41708 of 49 U.S.C.''. PART 380--PUBLIC CHARTERS 0 182. The authority citation for part 380 continues to read as follows: Authority: 49 U.S.C. 40101, 40102, 40109, 40113, 41101, 41103, 41301, 41504, 41702, 41708, 41712, and 46101. 0 183. Throughout part 380, remove the words ``Office of Aviation Analysis'' and add, in their place, the words ``Office of International Aviation''. 0 184. Throughout part 380, remove the words ``Special Authorities Division'' and add, in their place, the words ``U.S. Air Carrier Licensing/Special Authorities Division''. Sec. 380.1 [Amended] 0 185. In Sec. 380.1, remove the words ``, formerly Title IV of the Federal Aviation Act of 1958, as amended''. Sec. 380.2 [Amended] 0 186. In Sec. 380.2, in the list of definitions, the term ``Foreign Public Charter opertor'' is revised to read ``Foreign Public Charter operator''. Sec. 380.3 [Amended] 0 187. In Sec. 380.3, in paragraph (b), remove the word ``and'' and add, in its place, the word ``through''. Sec. 380.14 [Amended] 0 188. In Sec. 380.14, at the beginning of the paragraph, remove the word ``Noting'' and add, in its place, the word ``Nothing''. Sec. 380.15 [Amended] 0 189. In Sec. 380.15, remove the word ``Subsititues'' and add, in its place, the word ``Substitutes''. Sec. 380.32 [Amended] 0 190. Amend Sec. 380.32 as follows: 0 a. In paragraph (j), remove the words ``That is a charter'' and add, in their place, the words ``That if a charter''. 0 b. In paragraph (q), remove the words ``That is the operator'' and add, in their place, the words ``That if the operator''. 0 c. In paragraph (t), remove the words ``That the participants'' and add, in their place, the words ``That the participant's''. 0 d. In paragraph (v), in the second sentence, remove the words ``date or arrival'' and add, in their place, the words ``date of arrival''. Sec. 380.34 [Amended] 0 191. In Sec. 380.34, in paragraph (b)(2)(i), at the end of the paragraph, remove the words ``credit cared'' and add, in their place, the words ``credit card''. PART 380--APPENDIX A AND B [AMENDED] 0 192. Revise Appendix A and B to part 380 to read as follows: Appendix A to Part 380--Public Charter Operator's Surety Bond Under Part 380 of the Regulations of the Department of Transportation (14 CFR Part 380) Know all persons by these presents, that we __(name of charter operator) of __ (city) __ (state) as Principal (hereinafter called Principal), and __ (name of surety) a corporation created and existing under the laws of the State of __ (State) as Surety (hereinafter called Surety) are held and firmly bound unto the United States of America in the sum of $__ (see 14 CFR 380.34) for which payment, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas Principal intends to become a Public Charter operator pursuant to the provisions of 14 CFR part 380 and other rules and regulations of the Department relating to insurance or other security for the protection of charter participants, and has elected to file with the Department of Transportation such a bond as will insure financial responsibility with respect to all moneys received from charter participants for services in connection with a Public Charter to be operated subject to Part 380 of the Department's regulations in accordance with contracts, agreements, or arrangements therefore, and Whereas this bond is written to assure compliance by Principal as an authorized charter operator with 14 CFR part 380 and other rules and regulations of the Department relating to insurance and other security for the protection of charter participants, and shall inure to the benefit of any and all charter participants to whom Principal may be held legally liable for any damages herein described. Now, therefore, the condition of this obligation is such that if Principal shall pay or cause to be paid to charter participants any sum or sums for which Principal may be held legally liable by reason of Principal's failure faithfully to perform, fulfill and carry out all contracts, agreements, and arrangements made by Principal while this bond is in effect with respect to the receipt of moneys from charter participants, and proper disbursement thereof pursuant to and in accordance with the provisions of 14 CFR part 380, then this obligation shall be void, otherwise to remain in full force and effect. The liability of Surety with respect to any charter participant shall not exceed the [[Page 21700]] charter price paid by or on behalf of such participant. The liability of Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penalty of the bond, but in no event shall Surety's obligation hereunder exceed the amount of said penalty. Surety agrees to furnish written notice to the U.S. Air Carrier Licensing/Special Authorities Division, X-44, Office of International Aviation, Department of Transportation, forthwith of all suits or claims filed and judgments rendered, and payments made by Surety under this bond. The bond shall cover the following charters \1\ --------------------------------------------------------------------------- \1\ These data may be supplied in an addendum attached to the bond. --------------------------------------------------------------------------- Surety company's bond No.---------------------------------------------- Date of flight departure----------------------------------------------- Place of flight departure---------------------------------------------- This bond is effective on the __ day of __, 12:01 a.m., standard time at the address of Principal as stated herein and as hereinafter provided. Principal or Surety may at any time terminate this bond by written notice to: ``U.S. Air Carrier Licensing/Special Authorities Division (X-44), Office of International Aviation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W-86-445, Washington, DC 20590,'' such termination to become effective thirty (30) days after the actual receipt of said notice by the Department. Surety shall not be liable hereunder for the payment of any damages hereinbefore described which arise as a result of any contracts, agreements, undertakings, or arrangements for the supplying of transportation and other services made by Principal after the termination of this bond as herein provided, but such termination shall not affect the liability of the bond hereunder for the payment of any damages arising as a result of contracts, agreements, or arrangements for the supplying of transportation and other services made by Principal prior to the date that such termination becomes effective. Liability of Surety under this bond shall in all events be limited only to a charter participant or charter participants who shall within sixty (60) days after the termination of the particular charter described herein give written notice of claim to the charter operator or, if it is unavailable, to Surety, and all liability on this bond shall automatically terminate sixty (60) days after the termination date of each particular charter covered by this bond except for claims made in the time provided herein. In witness whereof, the said Principal and Surety have executed this instrument on the __ day of __, 20__. PRINCIPAL Name------------------------------------------------------------------- By: Signature and title------------------------------------------------ Witness---------------------------------------------------------------- Bonding or surety company must be listed in Best's Insurance Reports (Fire and Casualty) with a general policyholders' rating of ``A'' or better or in the Department of the Treasury listing of companies holding certificates of authority as acceptable sureties on Federal bonds. In addition, the bonding or surety company shall be one legally authorized to issue bonds of that type in the State(s) in which the charter flight(s) originate. Agents must provide satisfactory proof that they have the requisite authority to issue this bond. Appendix B to Part 380--Public Charter Operator's Surety Trust Agreement This Trust Agreement is entered into between __ (charter operator) incorporated under the laws of __ with its principal place of business being __ (hereinafter called ``Operator''), and __ (Bank) with its principal place of business being __ (hereinafter called ``Trustee''), for the purpose of creating a trust to become effective as of the __ day of __, 20 __, which trust shall continue until terminated as hereinafter provided. Operator intends to become a Public Charter operator pursuant to the provisions of Part 380 of the Department's regulations and other rules and regulations of the Department relating to insurance or other security for the protection of charter participants, and has elected to file with the Department of Transportation such a Surety Trust Agreement as will insure financial responsibility with respect to all monies received from charter participants for services in connection with a Public Charter to be operated subject to Part 380 of the Department's regulations in accordance with contracts, agreements, or arrangements therefore. This Surety Trust Agreement is written to assure compliance by Operator with the provisions of Part 380 of the Department's regulations and other rules and regulations of the Department relating to insurance or other security for the protection of charter participants. It shall inure to the benefit of any and all charter participants to whom Operator may be held legally liable for any of the damages herein described. It is mutually agreed by and between Operator and Trustee that Trustee shall manage the corpus of the trust and carry out the purposes of the trust as hereinafter set forth during the term of the trust for the benefit of charter participants (who are hereinafter referred to as ``Beneficiaries.'') Beneficiaries of the trust created by this Agreement shall be limited to those charter participants who meet the following requirements: 1. Those for whom Operator or Operator's agent has received payment toward participation in one or more charters operated by or proposed to be operated by Operator. 2. Who have legal claim or claims for money damages against Operator by reason of Operator's failure faithfully to perform, fulfill, and carry out all contracts, agreements, and arrangements made by Operator while this trust is in effect with respect to the receipt of monies and proper disbursement thereof pursuant to Part 380 of the Department's regulations; and 3. Who have given notice of such claim or claims in accordance with this Trust Agreement, but who have not been paid by Operator. The operator shall convey to Trustee legal title to the trust corpus, which has a value of $__ by the time of the execution of this Agreement. Trustee shall assume the responsibilities of Trustee over the said trust corpus and shall distribute from the trust corpus to any and all Beneficiaries to whom Operator, in its capacity as a Public Charter operator, may be held legally liable by reason of Operator's failure faithfully to perform, fulfill, and carry out all contracts, agreements, and arrangements made by Operator, while this trust is in effect with respect to the receipt of monies and proper disbursement thereof pursuant to Part 380 of the Department's regulations in connection with said charters, such damages as will discharge such liability while this trust is in effect; Provided, however, that the liability of the trust to any Beneficiary shall not exceed the charter price (as defined in Part 380 of the Department's regulations) paid by or on behalf of any such Beneficiary; Provided, further, that there shall be no obligation of the trust to any Beneficiary if Operator shall pay or cause to be paid to any Beneficiary any sum or sums for which Operator may be held legally liable by reasons of its failure faithfully to perform, fulfill, and carry out all contracts, agreements, and arrangements made by Operator in its capacity as Public Charter Operator while this trust is in effect with respect to the receipt of monies and proper disbursement thereof pursuant to Part 380 of the Department's regulations; and provided still further, that the liability of the trust as administered by Trustee shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments, shall amount in the aggregate to $__. Notwithstanding anything herein to the contrary, in no event shall the obligation of the trust or Trustee hereunder exceed the aggregate amount of $__. Trustee agrees to furnish written notice to the U.S. Air Carrier Licensing/Special Authorities Division, X-44, Office of International Aviation, Department of Transportation, forthwith of all suits or claims filed and judgments rendered (of which it has knowledge), and of payments made by Trustee under the terms of this trust. The trust shall not be liable hereunder for the payment of any damages hereinbefore described which arise as a result of any contracts, agreements, undertakings, or arrangements for the supplying of transportation and other services made by Operator after the termination of this trust as herein provided, but such termination shall not affect the liability of the trust hereunder for the payment of any damages arising as a result of contracts, agreements, or arrangements for the supplying of transportation and other services made by Operator prior to the date that such termination becomes effective. Liability of the trust shall in all events be limited only to a Beneficiary or Beneficiaries who shall within sixty days after the termination of the particular charter give written notice of claim to Operator or, if it is unavailable, to Trustee, and all liability of [[Page 21701]] the trust with respect to participants in a charter shall automatically terminate sixty days after the termination date of each particular charter covered by this trust except for claims made in the time provided herein. Sixty-one days after the completion of the last charter covered by this Trust Agreement, the trust shall automatically terminate except for claims of any Beneficiary or Beneficiaries previously made in accordance with this Agreement still pending on and after said sixty-first day. To the extent of such claims, the trust shall continue until those claims are discharged, dismissed, dropped, or otherwise terminated. After all remaining claims which are covered by this Trust Agreement pending on and after the said sixty-first day have been discharged, dismissed, dropped, or otherwise terminated; Trustee shall convey forthwith the remainder of the trust corpus, if any, to Operator. Either Operator or Trustee may at any time terminate this trust by written notice to: ``U.S. Air Carrier Licensing/Special Authorities Division, X-44, Office of International Aviation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W-86-445, Washington, DC 20590,'' such termination to become effective thirty days after the actual receipt of said notice by the Department. In the event of any controversy or claim arising hereunder, Trustee shall not be required to determine same or take any other action with respect thereto, but may await the settlement of such controversy or claim by final appropriate legal proceedings, and in such event shall not be liable for interest or damages of any kind. Any Successor to Trustee by merger, consolidation, or otherwise, shall succeed to this trusteeship and shall have the powers and obligations set forth in this Agreement. The trust created under this Agreement shall be operated and administered under the laws of the State of __. IN WITNESS WHEREOF, Operator and Trustee have executed this instrument on the date(s) shown below. Operator ______ (signature) Date------------------------------------------------------------------- Name ______ (typed or printed) Title------------------------------------------------------------------ Trustee ______ (signature) Date------------------------------------------------------------------- Name ______ (typed or printed) Title------------------------------------------------------------------ PART 385--STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS 0 193. The authority citation for part 385 is revised to read as follows: Authority: 49 U.S.C. 329, 40101, 41101, 41301, and 41701. Sec. 385.1 [Amended] 0 194. In Sec. 385.1: 0 a. In the term ``Precedent'' remove the words ``by the Board'' and add, in their place, the words ``by its predecessor''. 0 b. In the term ``Reviewing Official'' remove the word ``Deputy''. Sec. 385.2 [Amended] 0 195. In Sec. 385.2, remove the words ``and the Director, Bureau of Transportation Statistics (BTS)''. Sec. 385.7 [Amended] 0 196. In Sec. 385.7, remove the word ``Deputy''. Sec. 385.12 [Amended] 0 197. In Sec. 385.12, paragraphs (f), (h), and (i) are removed; paragraphs (g), (j), and (k) are re-designated as paragraphs (f), (g), and (h), respectively; and the newly redesignated paragraphs (f), (g) and (h) are revised to read as follows: Sec. 385.12 Authority of the Director, Office of Aviation Analysis * * * * * (f) To approve certificates of insurance filed with the Department on behalf of U.S. and foreign air carriers in accordance with the provisions of part 205 of this chapter. (g) With respect to mail rates: (1) To issue show-cause orders proposing to make modifications of a technical nature in the mail rate formula applicable to temporary or final service mail rate orders. (2) To issue final orders establishing temporary and final service mail rates: (i) In those cases where no objection has been filed following release of the show-cause order, and where the rates established are the same as those proposed in the show-cause order; and (ii) In those cases where it is necessary to make modifications of a technical nature in the rates proposed in the show-cause order. (3) To issue final orders amending mail rate orders of air carriers to reflect changes in the names of the carriers subject to the orders. (4) To issue a letter, in the case of air mail contracts filed with the Department under part 302 of this chapter against which no complaints have been filed, stating that the contract will not be disapproved by the Department and may become effective immediately. (5) To issue final orders making quarterly fuel rate adjustments to Alaska bush and mainline mail rates set by the Department under 49 U.S.C. Sec. Sec. 41901, 41902, and 41903. (h) With respect to essential air service proceedings: (1) To establish procedural dates. (2) To issue orders setting interim rates of compensation for carriers required to provide essential air service. (3) To issue orders approving a carrier's alternate service pattern if: (i) The resulting level of service at the eligible place would be equal to or greater than the level of service earlier determined to be essential for that place; (ii) The community concerned does not object to the carrier's implementation of the alternate service pattern; and (iii) The carrier is not receiving a subsidy for the service or implementation of the alternate service pattern would not increase the carrier's subsidy. (4) To issue orders adjusting the operational and/or financial unit rates of the payout formula for a carrier receiving subsidy under section 41732 of the Statute where the adjustment will not increase the total amount of compensation that the carrier will receive. (5) To renew, up to five times in succession, an order under section 41734 of the Statute to an air carrier to continue providing essential air service while the Department attempts to find a replacement carrier. (6) To request service and subsidy proposals from carriers interested in providing essential air service to an eligible place. (7) To issue final orders establishing interim or final subsidy rates under section 41732 or final adjustments of compensation for continued service under section 41732 in those cases where no objection has been filed to a show-cause order, and where the rates established are the same as or less than those proposed in the approved show-cause order. (8) With respect to provisions for terminations, suspensions, or reductions of service under part 323 of this chapter: (i) To require any person who files a notice, objection, or answer to supply additional information. (ii) To require service of a notice, objection, or answer upon any person. (iii) To accept late-filed objections or answers, upon motion, for good cause shown. (iv) To extend the time for filing objections for answers, when the initial notice has been filed earlier than required under Sec. 323.5. (9) To issue final air carrier selection orders establishing final subsidy rates for EAS provided under 49 U.S.C. 41733: (i) Where the compensation to be paid is the same as or less than the existing rate, and where the community does not object to the selected option; (ii) For EAS eligible Alaska communities, when the subsidy rate to be paid is less than $125,000, and where the community does not object to the selected option; (iii) In cases where only one air carrier submitted one service or subsidy option. [[Page 21702]] (10) With respect to provisions for terminations, suspensions, or reductions of service under part 323 of this chapter: (i) To require any person who files a notice, objection, or answer to supply additional information. (ii) To require service of a notice, objection, or answer upon any person. (iii) To accept late-filed objections or answers, upon motion, for good cause shown. (iv) To extend the time for filing objections for answers, when the initial notice has been filed earlier than required under Sec. 323.5. (11) To issue procedural orders or notices in antitrust immunity cases filed under 14 CFR part 303 with respect to: (i) Granting or denying requests for adjustments to procedural deadlines where there is no objection; (ii) Making other adjustments to a procedural schedule where the policy is clear and consistent with precedent; (iii) Granting parties to a proceeding access to confidential documents filed under a request for public non-disclosure pursuant to 14 CFR 302.12, where providing such access is consistent under current policy and precedent; and (iv) In uncontested proceedings, ordering the filing of additional documents deemed relevant to the Department's consideration of the application, including the filing of documents for in-camera review, where doing so is consistent with past policy and precedent. Sec. 385.13 [Amended] 0 198. Amend Sec. 385.13 by: 0 a. Removing paragraph (b)(4). 0 b. Redesignating paragraphs (b)(2) and (3) as (b)(3) and (4), respectively. 0 c. Adding new paragraphs (b)(2), (5) and (6). 0 d. Removing the words ``pursuant to Civil Aeronautics Board Order E- 9305 of June 15, 1955'' and adding in its place the words ``agreements filed pursuant to previous statutory authority of the Department's predecessor'' in paragraph (r) introductory text. 0 e. Revising paragraph (r)(1). 0 f. Adding new paragraphs (z)-(dd) to read as follows: Sec. 385.13 Authority of the Director, Office of International Aviation. * * * * * (b) * * * (2) For general tariff exemptions that apply to all U.S. and foreign air carriers pursuant to 14 CFR part 293. * * * * * (5) Issue orders granting uncontested applications by U.S. carriers to provide foreign air transportation where the carrier has already been found fit, willing, and able to provide service of the same basic scope or character; and (6) Issue orders granting uncontested applications by foreign air carriers to provide foreign air transportation where the course of action is clear under current policy or precedent. * * * * * (r) With respect to International Air Transport Association (IATA) agreements filed with the Department pursuant to sections 41309 and 41308 of the Statute, or agreements filed pursuant to previous statutory authority of the Department's predecessor: (1) Issue orders approving, disapproving, or exempting IATA agreements relating to fare and rate matters under section 41309, and granting or denying antitrust immunity under section 41308, where the course of action is clear under current policy and precedent. * * * * * (z) Issue orders and notices adjusting the Standard Foreign Fare Level to reflect percentage changes in actual operating costs per available seat mile. (aa) Issue notices updating the list of country-pair markets. (bb) With respect to Canadian charter air taxi operations: (1) To approve applications for registration, or require that a registrant submit additional information, or reject an application for registration for failure to comply with part 294 of this chapter. (2) To cancel, revoke, or suspend the registration of any Canadian charter air taxi operator using small aircraft registered under part 294 of this chapter that: (i) Filed with the Department a written notice that it is discontinuing operations; (ii) Is no longer designated by its home government to operate the services contemplated by its registration; (iii) Holds a foreign air carrier permit under section 41302 to operate large aircraft charters between the United States and Canada; (iv) Fails to keep its filed certificate of insurance current; (v) No longer is substantially owned or effectively controlled by persons who are: (A) Citizens of Canada; (B) The Government of Canada; or (C) A combination of both; or (vi) No longer holds current effective Operations Specifications issued by the FAA. (3) To grant or deny requests for a waiver of part 294 of this chapter, where grant or denial of the request is in accordance with current policy or precedent. (cc) With respect to foreign air freight forwarders: (1) To approve applications for registration, or require that a registrant submit additional information, or reject an application for registration for failure to comply with part 297 of this chapter. (2) To cancel the registration of any foreign air freight forwarder or foreign cooperative shippers association that files a written notice with the Department indicating the discontinuance of common carrier activities. (3) To exempt the registrant from the requirement contained in Sec. 297.20 of this chapter that substantial ownership and effective control reside in citizens of the country that the applicant claims as its country of citizenship, where the course of action is clear under current precedent or policies. (dd) With respect to charter operations: (1) To grant or deny requests for waiver of parts 212, 372, and 380 of this chapter, where grant or denial of the request is in accordance with established precedent. (2) To approve or disapprove direct air carrier escrow agreements filed pursuant to part 212 of this chapter. (3) To reject or accept Public Charter prospectuses filed under part 380 of this chapter. (4) With respect to the procedures for the registration of foreign charter operators under subpart E of part 380 of this chapter: (i) To approve applications for registration, or require that a registrant submit additional information, or reject an application for registration for failure to comply with part 380 of this chapter. (ii) To notify the applicant that its application will require further analysis or procedures, or is being referred to the Assistant Secretary for Aviation and International Affairs for formal action. (iii) To cancel the registration of a foreign charter operator if it files a written notice with the Department that it is discontinuing its charter operations. (iv) To waive provisions of subpart E of part 380 of this chapter. 0 199. Revise Sec. 385.14 as follows: Sec. 385.14 Authority of the General Counsel The General Counsel has authority to: (a) Issue proposed or final regulations for the purpose of making editorial changes or corrections to the Department's rules and regulations to carry out Subparts I, II and IV of Part A of Subtitle VII of the Transportation Code at 49 U.S.C. 40101 et seq., with the concurrence of the staff offices primarily [[Page 21703]] responsible for the parts or sections involved: Provided, that any final regulation so issued shall have an effective date not less than 20 days after its date of publication in the Federal Register, and shall include a brief reference to the review procedures established in subpart C of this part. (b) Where a petition for review is duly filed, reverse any rulemaking action taken pursuant to paragraph (a) of this section by withdrawing a proposed or final regulation issued thereunder. Any action taken by the General Counsel, pursuant to the authority of this section, shall not be subject to the review procedures of this part. (c) Issue orders deferring action until after oral argument on motions submitted by parties subsequent to the issuance of an Administrative Law Judge's initial or recommended decision. (d) Reissue existing regulations for the purpose of incorporating prior amendments adopted by the Department. (e) Compromise any civil penalties being imposed in enforcement cases. (f) Issue orders initiating and terminating informal nonpublic investigations under part 305 of this chapter (Procedural Regulations). (g) Issue orders requiring air carriers to prepare and submit within a specified reasonable period, special reports, copies of agreements, records, accounts, papers, documents, and specific answers to questions upon which information is deemed necessary. Special reports shall be under oath whenever the General Counsel so requires. (h) Institute and prosecute in the proper court, as agent of the Department, all necessary proceedings for the enforcement of the provisions of the act or any rule, regulation, requirement, or order thereunder, or any term, condition, or limitation of any certificate or permit, and for the punishment of all violations thereof. Any action taken by the General Counsel, pursuant to the authority of this section, shall not be subject to the review procedures of this part. (i) Make findings regarding the reasonable necessity for the application of the Department's authority to obtain access to lands, buildings, and equipment, and to inspect, examine, and make notes and copies of accounts, records, memorandums, documents, papers, and correspondence of persons having control over, or affiliated with, any person subject to regulation under Subparts I, II, and IV of Part A of Subtitle VII of the Transportation Code at 49 U.S.C. 40101 et seq. through issuance of an appropriate order, letter, or other transmittal. (j) Issue orders denying or granting conditional or complete confidential treatment of information supplied by any person to the Office of Aviation Enforcement and Proceedings. Confidential treatment may only be granted upon a finding that, if the information were in the Department's possession and a Freedom of Information Act (FOIA) request were made for the information: (1) At the time of the confidentiality request, the FOIA request would be denied on the basis of one or more of the FOIA exemptions; and (2) At any later time, the FOIA request would also be denied, absent a material change in circumstances (which may include a demonstration that the asserted exemption does not apply). Sec. 385.15 [Removed and Reserved] 0 200. Remove and reserve Sec. 385.15. Sec. 385.18 [Amended] 0 201. In Sec. 385.18, remove the words ``Chief, Coordination Section, Documentary Services Division'' and add in its place the words ``Docket Officer, Docket Operations Office''. Sec. 385.19 [Amended] 0 202. In Sec. 385.19, remove the words ``Office of Aviation Information'' wherever they appear, and add in their place the words ``Office of Airline Information''. PART 389--FEES AND CHARGES FOR SPECIAL SERVICES 0 203. Part 389 is revised to read as follows: PART 389--FEES AND CHARGES FOR SPECIAL SERVICES Subpart A--General Provisions Sec. 389.1 Policy and scope. Subpart B--Fees for Special Services 389.10 Applicability of subpart. 389.11 Available services and resources. 389.12 Payment of fees and charges. 389.13 Fees for services. Subpart C--Filing and Processing License Fees 389.20 Applicability of subpart. 389.21 Payment of fees. 389.22 Failure to make proper payment. 389.23 Application for waiver or modification of fees. 389.24 Foreign air carriers. 389.25 Schedule of processing fees. 389.26 Special rules for tariff page filings. 389.27 Refund of fee. Authority: 49 U.S.C. 40113, 40114, 41711; 31 U.S.C. 9701; and 5 U.S.C. 552. Subpart A--General Provisions Sec. 389.1 Policy and scope. Pursuant to the provisions of 31 U.S.C. 9701, Fees and charges for Government services and things of value, and as implemented by the Office of Management and Budget's Circular A-25, dated July 8, 1993, the Department sets forth in this regulation fees and charges to be paid for the use of certain services and resources of the Department as prescribed below. Subpart B--Fees for Special Services Sec. 389.10 Applicability of subpart. This subpart describes certain services and resources made available by the Department and prescribes the fees and charges for those services and resources. Sec. 389.11 Available services and resources. Upon request and payment of fees as provided in subsequent sections, there are available, with respect to documents subject to inspection, services as follows: (a) Locating and copying records and documents; (b) Certification of copies of documents under seal of the Department; and (c) Transcripts of hearings and proceedings. Sec. 389.12 Payment of fees and charges. The fees charged for services and resources shall be paid for electronically at http://www.pay.gov, a secure government-wide collection portal, except for charges for reporting services that are performed under competitive bid contracts with non-Government firms. Fees for reporting are payable to the firms providing the services. Payments to pay.gov can be made directly from a bank account or by credit/debit card. Sec. 389.13 Fees for services. Fees for services and resources described in subparts B and C of this part are pursuant to those fees set forth in 49 CFR part 7, subpart F, Sec. Sec. 7.41--7.43, 7.45 and 7.46. Subpart C--Filing and Processing License Fees Sec. 389.20 Applicability of subpart. (a) This subpart applies to the filing of certain documents and records with the Department by non-government parties, and prescribes fees for their processing. (b) For the purpose of this subpart, record means an electronic tariff record submitted to the Department under [[Page 21704]] subpart R of 14 CFR part 221, and contains a set of information that describes one (1) tariff fare, or a set of information that describes one (1) related element associated with such tariff fare. Sec. 389.21 Payment of fees. (a) Except as provided in paragraph (b), any document for which a filing fee is required by Sec. 389.25 shall be paid for electronically at http://www.pay.gov, a secure government-wide collection portal, unless a waiver or modification of the filing fee has been requested and approved. Payments can be made directly from a bank account or by credit/debit card. (b) Registration for all air taxi operators shall be accompanied by an 8 dollar ($8) registration filing fee in the form of a check, draft, or postal money order payable to the U.S. Department of Transportation. (c) Where a document seeks authority or relief in the alternative and therefore would otherwise be subject to more than one filing fee, only the highest fee shall be required. (d) Where a document relating to a single transaction or matter seeks multiple authorities or relief and therefore would otherwise be subject to more than one filing fee, only the highest fee shall be required. Where a document relating to more than one transaction or matter seeks multiple authorities or relief, the required filing fee shall be determined by combining the highest fees for each transaction or matter. For purposes of this paragraph, a specific number of charters or inclusive tours described in one application will be regarded as a single transaction or matter. (e) No fee shall be returned after the document has been filed with the Department, except as provided in Sec. Sec. 389.23 and 389.27. Sec. 389.22 Failure to make proper payment. In accordance with 49 CFR part 7, subpart F Sec. 7.42, the Department will assess interest on unpaid fees on the 31st day following the day on which a notice of the amount due is first mailed to the requestor, unless the Department has granted an application for waiver or modification of the fees. Sec. 389.23 Application for waiver or modification of fees. (a) Applications may be filed asking for waiver or modification of any fee paid under this subpart. Each applicant shall set forth the reasons why a waiver or modification should be granted, and by what legal authority. (b) Applications asking for a waiver or modification of fees shall be sent to the Director, Office of Aviation Analysis, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. This provision is in accordance Sec. 385.30 of this chapter. When no petition for review is filed with the Department, or when the Department reviews the Director's decision, if the amount found due is not paid within 10 days after receipt of notification of the final determination, the document shall be returned to the filing party. Sec. 389.24 Foreign air carriers. A foreign air carrier, or such carriers, if from the same country, acting jointly, may apply for a waiver of the requirements of this part based on reciprocity for U.S. air carriers contained in the requirement of their home governments, or as provided in a treaty or agreement with the United States. To apply for a waiver under this section, foreign air carriers shall send waiver requests to the Director, Office of International Aviation. The request should include applicable official government rules, decisions, statements of policy, or comparable evidence concerning filing fees for U.S. air carriers, or for all carriers serving that country. Once a waiver has been granted for a specific country, no further waiver applications need be filed for that country. Sec. 389.25 Schedule of processing fees. (a) Document-filing fees. ------------------------------------------------------------------------ Code Document ------------------------------------------------------------------------ Interstate Air Transportation ------------------------------------------------------------------------ Certificate of Public Convenience and Necessity (49 U.S.C. Chapter 411) ------------------------------------------------------------------------ 1................... Application for Certificate of 850 Public Convenience and Necessity Interstate Air Transportation--Charter Authority Only. 2................... Application for Certificate of 850 Public Convenience and Necessity Interstate Air Transportation--Scheduled Service. 3................... Dormant Authority.............. 290 4................... Application for Certificate of 670 Public Convenience and Necessity Interstate Air Transportation--Cargo Authority Only. 5................... Application to transfer 290 Certificate of Public Convenience and Necessity Interstate Air Transportation. 6................... Air Taxi Registration.......... 8 7................... Application for Commuter Air 670 Carrier Authorization. 8................... Change of Name (registration of 56 trade name or reissuance of certificate). 9................... Exemption Request--General (49 ................. U.S.C. Chapter 401) 10.................. Request for an Exemption from 53 49 U.S.C. Chapter 415. 11.................. Request for an Exemption from 280 49 U.S.C Chapter 411. 12.................. Request for an Exemption from 120 49 U.S.C Chapter 417. 13.................. Request for a Service Mail Rate 420 Petition 49 U.S.C. Chapter 419. ------------------------------------------------------------------------ Foreign Air Transportation--U.S. Carriers (49 U.S.C. Chapter 411) ------------------------------------------------------------------------ 14.................. Application for Certificate of 900 Public Convenience and Necessity Foreign Air Transportation--Scheduled Service. 15.................. Amendment to Application for 425 Certificate of Public Convenience and Necessity Foreign Air Transportation-- Scheduled Service. 16.................. Application for Certificate of 600 Public Convenience and Necessity Foreign Air Transportation--Charter Service. 17.................. Amendment to Application for 200 Certificate of Public Convenience and Necessity Foreign Air Transportation-- Charter Service. 18.................. Transfer of Certificate of 255 Public Convenience and Necessity Foreign Air Transportation--Scheduled or Charter Service. [[Page 21705]] 19.................. Change of Name (registration of 56 trade name or reissuance of certificate). ------------------------------------------------------------------------ Foreign Air Carrier Permit (49 U.S.C. Chapter 413) ------------------------------------------------------------------------ 20.................. Foreign Air Carrier Permit-- 760 Initial Application. 21.................. Foreign Air Carrier Permit-- 475 Amendment/Renewal of permit. 22.................. Foreign Air Carrier Permit-- 215 Amendment to application for a permit. ------------------------------------------------------------------------ Exemption (49 U.S.C. Chapter 401) ------------------------------------------------------------------------ 23.................. Request for an Exemption from 53 49 U.S.C. Chapter 415. 24.................. Request for an Exemption from 77 49 U.S.C. Chapters 411/413 (10 or fewer flights). 25.................. Request for an Exemption from 360 49 U.S.C. Chapters 411/413 (More than 10 flights). 26.................. Request for an Exemption from \1\ 17 49 U.S.C. Chapters 411/413 (Filed less than 10 days before effective date requested). 27.................. Other (U.S. and foreign air 360 carriers). 28.................. Emergency cabotage (49 U.S.C. 360 Chapter 401). 29.................. Relief for U.S. and foreign 370 indirect air carriers (49 U.S.C. Chapter 401). ------------------------------------------------------------------------ Undocketed Items ------------------------------------------------------------------------ 30.................. Canadian Charter Air Taxi 30 Registration. 31.................. Foreign Freight Forwarder 11 Registration. 32.................. Foreign Tour Operator 10 Registration. 33.................. Foreign Aircraft Permit (14 CFR 25 part 375). 34.................. Special Authorization (14 CFR 12 part 375). 35.................. Charter Statement of 8 Authorization. 36.................. Intermodal Statement of 10 Authorization. 37.................. Special Authority (14 CFR part 37 216). 38.................. Fee for filing items 33-37 if \1\11 filed less than time required before effective date. 39.................. IATA resolutions............... 61 ------------------------------------------------------------------------ Other (U.S. and Foreign Air Carriers) ------------------------------------------------------------------------ Charters: ................. 40.................. Public Charter Prospectus... 39 41.................. OMPC Operation Authorization 665 42.................. Waiver of Charter 39 Regulations. Tariffs: ................. 43.................. Pages....................... 2 44.................. Special Tariff Permission... 12 45.................. Waiver of Tariff Regulations 12 46.................. Exemption request........... 371 Agreements filed under 49 ................. U.S.C. Chapter 413: 47.................. Prior Approval (docketed)... 1080 48.................. Routine (non-docketed)...... 64 49.................. Application for free and 16 reduced-rate transportation. ------------------------------------------------------------------------ \1\ Additional. (b) Electronic Tariff Filing Fees. The filing fee for one (1) or more transactions proposed in any existing record, or for any new or canceled records, shall be 5 cents per record; Provided: That no fee shall be assessed for those records submitted to the Department pursuant to 14 CFR 221.500(b). Sec. 389.26 Special rules for tariff page filings. (a) Tariffs issued by carriers. The filing fee for tariff pages filed by U.S. air carriers will be charged even if the tariff includes matters involving participating foreign air carriers. It will also be charged if the tariff is issued by a foreign air carrier and includes matters involving participating U.S. air carriers, unless the foreign air carrier has obtained a waiver under Sec. 389.24. The fee will not be charged for a blank looseleaf page unless it cancels matter in the preceding issue of the page. (b) Tariffs issued by publishing agents. (1) If the tariff is issued for one or more air carriers exclusively, the fee will be charged for each page. (2) If the tariff is issued for one or more air carriers and one or more foreign air carriers, the fee will be charged for each page, except for those pages that the issuing agent states contain only: (i) Matters pertaining exclusively to foreign air carriers that have been granted a waiver; or (ii) Changes in matters pertaining to foreign air carriers that have been granted a waiver and that are included on the same page with other matters that are reissued without change. (3) The fee will not be charged for a blank looseleaf page unless it cancels matters in the preceding page. (4) No fee will be charged when two pages are published back-to- back, one page is not subject to the fee under paragraph (b)(2), and the page on the reverse is issued without substantive change. (5) The fee will be charged for two looseleaf pages containing a correction number check sheet unless all other pages of the tariff are exempt from the fee. Sec. 389.27 Refund of fee. Any fee charged under this part may be refunded in full or in part upon request if the document for which it is [[Page 21706]] charged is withdrawn before final action is taken. Such requests shall be filed in accordance with Sec. 389.23. PART 398--GUIDELINES FOR INDIVIDUAL DETERMINATIONS OF BASIC ESSENTIAL AIR SERVICE 0 204. The authority citation for part 399 continues to read as follows: Authority: 49 U.S.C. Chapters 401 and 417; Airport and Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223, Dec. 30, 1987). Sec. 398.11 [Removed] 0 205. Section 398.11 is removed. PART 399--STATEMENTS OF GENERAL POLICY 0 206. The authority citation for part 399 continues to read as follows: Authority: 49 U.S.C. 41712. 0 207. Throughout the part, remove the word ``Board'' wherever it appears, and add, in its place, the word ``Department''. 0 208. Throughout the part, remove the word ``Board's'' wherever it appears, and add, in its place, the word ``Department's''. 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 [Removed] 0 209. Sections 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 are removed. Sec. 399.2 [Amended] 0 210. In Sec. 399.2, in paragraph (c), remove the words ``section 102 of the Act'' and add, in its place, the words ``section 40101 of 49 U.S.C.''. Sec. 399.4 [Amended] 0 211. In Sec. 399.4, in the third sentence, remove the word ``the Act'' and add, in its place, the words ``49 U.S.C.''. Sec. 399.35 [Amended] 0 212. Section 399.35 is revised to read as follows: Sec. 399.35 Special tariff permission. The Secretary of Transportation may approve, under such terms as the Secretary may require, a carrier's application for Special Tariff Permission to file a tariff for foreign air transportation required under Part 293 on less than the notice required by Section 41504 (b) of Title 49. Sec. 399.60 [Amended] 0 213. In Sec. 399.60, in paragraph (a), remove the words ``applications under section 408 of the Act for approval of consolidations or acquisitions of control;''. Sec. 399.80 [Amended] 0 214. In Sec. 399.80, in the first paragraph, remove the word ``(m)'' and add, in its place, the word ``(n)''. Sec. 399.81 [Amended] 0 215. In Sec. 399.81, in paragraph (c)(1), remove the words ``This section'' and add, in their place, the words ``Paragraph (c)''; in paragraph (c)(2), remove the words ``this section'' and add, in their place, the words ``paragraph (c)''; in paragraph (c)(3), remove the words ``this paragraph'' and add, in their place, the words ``paragraph (c)''. Sec. 399.82 [Amended] 0 216. In Sec. 399.82, remove paragraphs (b)(2) and (3), and redesignate paragraphs (b)(4) and (5) as (b)(2) and (3). Sec. 399.83 [Amended] 0 217. In Sec. 399.83, remove the words ``section 411 of the Act,'' and add, in their place, the words ``49 U.S.C. 41712''. Sec. 399.91 [Amended] 0 218. Section 399.91 is revised to read as follows: Sec. 399.91 Air carrier participation in programs of technical assistance to airlines of less developed countries. (a) Applicability. This policy shall apply to proceedings under 49 U.S.C. 41309 in which the Department is required to make any determination as to the public interest or consistency with 49 U.S.C. Subtitle VII of any agreement or relationship sought to be entered into by an air carrier, or officer or director thereof, with a foreign airline in connection with the performance of some activity pursuant to a technical assistance contract financed by an agency of the U.S. Government. Sec. 399.120 [Amended] 0 219. In Sec. 399.120, remove the words ``section 401(d)(8) of the Federal Aviation Act'' and add, in their place, the words ``sections 41102 and 41110 of 49 U.S.C.''. Issued in Washington, DC, on April 17, 2018. Elaine L. Chao, Secretary of Transportation. [FR Doc. 2018-08683 Filed 5-8-18; 8:45 am] BILLING CODE 4910-9X-P
![21684 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules
DEPARTMENT OF TRANSPORTATION without edit, to www.regulations.gov, as replacing the term ‘‘Board’’ or ‘‘CAB’’,
described in the system of records where appropriate, with ‘‘Department’’,
Office of the Secretary notice, DOT/ALL–14 FDMS, accessible ‘‘DOT’’ or ‘‘Predecessor’’; (2) removing
through www.dot.gov/privacy. In order citations to the ‘‘Federal Aviation Act’’
14 CFR Chapter II to facilitate comment tracking and or ‘‘Act’’ and adding citations to the
[Docket No. DOT–OST–2014–0140] response, we encourage commenters to appropriate sections of Title 49 of the
provide their name, or the name of their United States Code; (3) inserting current
RIN 2105–AD86 organization; however, submission of names of forms in place of outdated
names is completely optional. Whether references to CAB forms; (4) adding up-
Aviation Economic Regulation or not commenters identify themselves, to-date titles for offices within the
Amendments all timely comments will be fully Department; and (5) updating the
AGENCY: Office of the Secretary (OST), considered. If you wish to provide authority citations, where needed.
U.S. Department of Transportation comments containing proprietary or Additional changes are as follows:
(DOT). confidential information, please contact Part 204 describes the data the
the agency for alternate submission Department uses to support carrier
ACTION: Notice of Proposed Rulemaking
instructions. fitness determinations. Section 204.4
(NPRM). discusses carrier obligations for
Docket: For internet access to the
SUMMARY: The Department is proposing docket to read background documents proposing to provide essential air
to amend various provisions regarding or comments go to http:// service. The section is no longer in use
its aviation economic regulations to www.regulations.gov, or to the street and is obsolete. As such, the section
eliminate any further remaining address listed above. Follow the online would be removed in its entirety.
obsolete provisions and correct outdated instructions for accessing the dockets. Parts 207 and 208 address U.S.
scheduled and charter air carrier
statutory references. This rulemaking FOR FURTHER INFORMATION CONTACT: Jill
requirements with respect to charter
aligns with the Department’s Laptosky or Jennifer Abdul-Wali, Office trips. Both parts refer to 14 CFR part 212
retrospective regulatory review of Regulation, U.S. Department of in describing carrier obligations on
initiatives to modify, streamline, or Transportation, 1200 New Jersey charter air transportation and contain no
repeal regulations that are obsolete or Avenue SE, Washington, DC 20590; independent obligations of their own.
out-of-date. (202) 366–4723; fax: (202) 366–9313; As such, the parts are obsolete and
DATES: Comments must be received on email: Jill.Laptosky@dot.gov or would be removed.
or before July 9, 2018. Comments Jennifer.AbdulWali@dot.gov. Part 221 describes carrier obligations
received after this date will be SUPPLEMENTARY INFORMATION: In 1994, with respect to tariffs. This rule
considered to the extent practicable. the Federal Aviation Act was revised proposes to revise part 221 by
ADDRESSES: You may file comments and codified within Subtitle VII of Title broadening the language used to refer to
identified by docket number DOT–OST– 49 of the United States Code (Pub. L. international treaties. The current
2014–0140 by any of the following 103–272, July 5, 1994). Since the regulation refers to the Warsaw
methods: codification, the Department has made Convention, which is no longer the
• Federal eRulemaking Portal: Go to numerous amendments to make the CFR relevant international treaty applicable
http://www.regulations.gov and follow consistent with the provisions of the to travelers on many itineraries. The
the online instructions for submitting current statute (49 U.S.C., Subtitle VII). rule would update and simplify existing
comments. Some provisions, however, remained passenger notification requirements and
• Mail: Docket Operations Office, unchanged, due in part to the consolidate such requirements into a
U.S. Department of Transportation, 1200 complexity of certain issues, such as single section. Specifically, the rule
New Jersey Avenue SE, Room W12–140, antitrust immunity, agreements, and would consolidate separate notice
Washington, DC 20590–0001. waivers. This rule proposes to update requirements for liability from death or
• Hand Delivery or Courier: West the economic regulations by modifying injury and liability from damage to
Building Ground Floor, Room W12–140, language to reflect current statutory baggage into a single notice requirement
1200 New Jersey Avenue SE, provisions related to these remaining that better reflects the current
Washington, DC, between 9 a.m. and 5 issues. The proposed language is not international landscape, including
p.m., ET, Monday through Friday, intended to diminish any existing Civil references to the 1999 Montreal
except Federal Holidays. Aeronautics Board (CAB) provisions or Convention, which governs many
• Fax: (202) 493–2251. precedent still in effect. Thus, the international itineraries originating or
Instructions: All submissions must Department is seeking comment on terminating in the United States. As of
include the agency name and docket whether any of the references to CAB or 2017, a carrier’s liability could be
number for this document at the other referenced terms, which are limited under the 1999 Montreal
beginning of the comment. To avoid proposed for removal in this Convention to 113,100 Special Drawing
duplication, please use only one of rulemaking, are still relevant and, Rights (SDR) for damages from death or
these four methods. All comments therefore, should be retained for injury, 4,694 SDR for damages caused
received will be posted without change precedential or other useful purposes. by the delay of passengers, and 1,131
to http://www.regulations.gov and will We are also seeking comment on SDR for damages resulting from the
include any personal information you whether additional proposed changes destruction, loss, damage, or delay of
amozie on DSK3GDR082PROD with PROPOSALS4
provide. All comments received will be and updates to the Aviation Economic baggage. The proposed rule would also
posted without change to the Federal Rules (14 CFR parts 200 through 399) remove + references to agreements
Docket Management System (FDMS), should be adopted. approved by CAB order. Carriers will be
including any personal information. More specifically, this rule proposes provided until December 31, 2019, to
Privacy: In accordance with 5 U.S.C. updating the regulatory language comply with the signage requirements
553(c), DOT solicits comments from the throughout 14 CFR parts 200–399 in the of this part.
public to better inform its rulemaking following ways: (1) Where references to Part 223 sets forth rules regarding free
process. DOT posts these comments, the CAB are no longer relevant, and reduced-rate transportation. This
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/1.svg)
![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules 21685
rule proposes to update part 223 by matters. Many of these rules set forth part 226. Enforcement responsibility for
removing references to specific sections standards of ethical conduct applicable parts 202 and 226 has been divided and
of the ‘‘Act’’ such as ‘‘under section 408 to DOT employees with respect to reassigned among Federal government
of the Act.’’ Additionally, in section aviation economic matters. DOT agencies. Accordingly, the language in
223.1, the term ‘‘handicapped employees are also subject to the ethics § 374.3 will be revised to reference the
passenger’’ is used to describe a person requirements of 49 CFR 99.735–1. In current applicable regulations, 12 CFR
with a disability. However, under the order to reduce the duplicative nature of part 1026.
Americans with Disabilities Act (ADA), both sets of ethics requirements and to Part 380 is applicable to public
the current practice is to use ‘‘person- minimize the potential for confusion charter air transportation in interstate or
first’’ terminology (e.g., changes over such requirements, several sections foreign air transportation. This rule
‘‘handicapped person’’ to ‘‘person with of part 300 would be removed under proposes revising part 380 by updating
a disability’’). Where applicable, as the this rule. The resulting regulations will Appendix A and B. part 380 sets forth
Department reviews its regulations, the ensure consistent ethical standards the Department’s rules governing Public
term ‘‘handicapped’’ would be replaced across all employees of the agency. Charter air transportation of passengers
with the person-first terminology in Part 302 sets forth the Rules of whether furnished by direct air carriers
alignment with the ADA. This rule Practice in Proceedings before the DOT. or Public Charter Operators. Appendix
proposes to remove the term Part 305 describes the Rules of Practice A and B to part 380, respectively,
‘‘Handicapped passenger’’ and would for Informal Nonpublic Investigations contain the format for the Public Charter
replace it with the term ‘‘passenger with undertaken by the Office of Aviation Operator’s Surety Bond and the Public
a disability.’’ Enforcement and Proceedings. Part 385 Charter Surety Trust Agreement. Since
Part 232 established procedures for a sets forth the authorities and functions the existing Appendix A and B to part
party aggrieved by an order of the of various DOT officials. On August 17, 380 were published in 1998, various
Postmaster General to request a review 2012, the Department issued an changes have been made to both
by DOT. In 2008, amendments to 49 extensive revision to 49 CFR part 1 documents. Therefore, Appendix A and
U.S.C. 41902 removed from the statute (Organization and Delegation of Powers B would be updated to provide the most
the authority for the Secretary of and Duties) [77 FR 49965]. The current format for the Public Charter
Transportation to amend, modify, Department proposes to revise parts Operator’s Surety Bond and the Public
suspend, or cancel an order of the Postal 302, 305, and 385 to reflect the changes Charter Surety Trust Agreement.
Service (Pub. L. 110–405, Jan. 4, 2008). set forth in the revision to part 1. In part 385, the Secretary of
Accordingly, the statutory basis for Part Part 330 established procedures Transportation delegates certain
232 regulations no longer exists and Part implementing the airline compensation continuing assignments of authority to
232 would be removed. section of the Air Transportation Safety Secretarial Officers regarding the
Part 234 describes the requirements and System Stabilization Act, which Department’s functions of issuing orders
for filing airline service quality was enacted following the terrorist or other determinations pursuant to 49
performance reports. The existing attacks of September 11, 2001, Public U.S.C. 322 and 49 CFR part 1. The
citation of authorities for this part Law 107–42, (Sept. 22, 2001) (the Secretary has determined that several of
contains an error. This rule corrects the Stabilization Act). Section 103 of the the items currently prepared for
error. Stabilization Act appropriated up to $5 decision at the Assistant Secretary level
Part 241 describes a uniform system billion, to be administered by the could be handled more efficiently at the
of accounts and reports for large Department of Transportation, to Office Director level, thereby providing
carriers. This rule proposes to remove compensate air carriers for losses they more time for the Assistant Secretary
section 01 of part 241. The section incurred due to the attacks. Part 330 set and immediate secretarial staff to
restates outdated statutory text and may out carrier eligibility criteria; forms for concentrate on controversial and policy-
lead to confusion if retained. applying for the compensation sensitive issues. This action would
Part 272 established essential air payments; details on types of losses that ensure that routine items are processed
service procedures for the Freely would and would not be eligible for in a much more timely and efficient
Associated States comprising the compensation; audit procedures; and manner. Thus, this rulemaking proposes
Federated States of Micronesia (Ponape, details on a set-aside program for certain to amend sections 385.12 and 385.13 to
Truk and Yap), the Marshall Islands air taxis, commuter carriers, and other reflect the expanded assignments of
(Majuro and Kwajalein), and Koror in small carriers. Of the 427 applications authority to the Director of the Office of
Palau. The procedures include processed, 407 applicants were deemed Aviation Analysis and the Director of
requirements for airlines to file notice eligible under part 330. These carriers the Office of International Aviation,
before suspending service, an obligation received payments in a total amount of both in the Office of the Assistant
to continue to provide service when $4.6 billion. All eligible appropriations Secretary for Aviation and International
subsidy is available, and carrier- have been completed and payments Affairs.
selection criteria. Section 272.12 states, have now been processed and paid, and Section 385.12 defines the authority
‘‘These provisions shall terminate on all functions and responsibilities under of the Director of the Office of Aviation
October 1, 1998, unless the essential air this section have been fulfilled. As a Analysis. This rule proposes to
service program to the Federated States result, part 330 serves no further authorize the Director to issue Essential
of Micronesia, the Marshall Islands and purpose and would be removed. Air Service (EAS) Requests for
Palau is specifically extended by Part 374 specifies the Department’s Proposals and certain final EAS
amozie on DSK3GDR082PROD with PROPOSALS4
Congress.’’ Congress did not extend the responsibility for enforcing air carrier selection orders. This expanded
program (Pub. L. 101–219, Sec. 110(b), and foreign air carrier compliance with delegation alone would relieve the
(Dec.12,1989)). Thus, the statutory basis the applicable requirements of the Assistant Secretary for Aviation and
for the regulation no longer exists and Consumer Credit Protection Act. This International Affairs of reviewing nearly
part 272 would be removed. rule proposes revising part 374 by sixty orders per year, saving over three
Part 300 sets forth the rules of updating the language in § 374.3 hundred (300) hours of senior
conduct in DOT proceedings involving regarding references to Regulation B, 12 management time and approximately
aviation economic and enforcement CFR part 202, and Regulation Z, 12 CFR one hundred twenty (120) hours of staff
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/2.svg)
![21688 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules
14 CFR Part 375 (d) Rule, regulation, and order refer to carrier becomes a party. U.S. air taxi
Administrative practice and the rules, regulations, and orders operators registering under part 298 of
procedure, Aircraft, Foreign relations, prescribed by the Department pursuant this chapter and Canadian charter air
Reporting and recordkeeping to the 49 U.S.C. Subtitle VII or its taxi operators registering under part 294
requirements. predecessor’s rules, regulations, and of this chapter may comply with this
orders that are, by law, still in effect. requirement by filing completed OST
14 CFR Part 377 (e) FAA means the Federal Aviation Forms 4507 and 4523, respectively, in
Administrative practice and Administration, U.S. Department of accordance with the provisions of those
procedure, Air carriers. Transportation. parts.
(f) OST–R means the Office of the
14 CFR Part 380 Assistant Secretary for Research and § 203.4 [Amended]
Charter flights, Reporting and Technology, U.S. Department of ■ 8. In § 203.4:
recordkeeping requirements, Surety Transportation. ■ a. In paragraph (a), remove the words
bonds. (g) Secretary means the Secretary of ‘‘Tariffs Division’’ and add, in their
Transportation, U.S. Department of place, the words ‘‘Pricing and
14 CFR Part 385 Transportation. Multilateral Affairs Division’’.
Organization and functions ■ b. In paragraph (b), remove the
(Government agencies). PART 201—AIR CARRIER AUTHORITY reference ‘‘§ 221.175’’ and add, in its
UNDER SUBTITLE VII OF TITLE 49 OF place, the reference ‘‘§ 221.105’’.
14 CFR Part 389 THE UNITED STATES CODE
Administrative practice and PART 204—DATA TO SUPPORT
procedure, Reporting and recordkeeping ■ 3. The authority citation for part 201 FITNESS DETERMINATIONS
requirements. continues to read as follows:
■ 9. The authority citation for part 204
Authority: 5 U.S.C. 1008; 49 U.S.C.
14 CFR Part 398 Chapters 401, 411, 413, 415, and 417. continues to read as follows:
Air transportation. Authority: 49 U.S.C. Chapters 401, 411,
§ 201.1 [Amended] and 417.
14 CFR Part 399 ■ 4. In § 201.1, in paragraph (b), remove ■ 10. In § 204.2, paragraphs (b) and (e)
Administrative practice and the words ‘‘DOT Dockets, 1200 New are revised to read as follows:
procedure, Air carriers, Air rates and Jersey Avenue SE., Washington, DC
20590–0002’’ and add, in their place, § 204.2 Definitions.
fares, Air taxis, Consumer protection,
Small businesses. the words ‘‘Docket Operations Office, * * * * *
U.S. Department of Transportation, (b) Certificate authority means
The Amendment Room W12–140, 1200 New Jersey authority to provide air transportation
In consideration of the foregoing, and Avenue SE, Washington, DC 20590– granted by the Secretary of
under the authority of 49 U.S.C. 322, the 0001’’. Transportation in the form of a
Department proposes to amend Title 14, certificate of public convenience and
Chapter II of the Code of Federal § 201.7 [Amended] necessity under 49 U.S.C. 41102 or an
Regulations as follows: ■ 5. In § 201.7, in paragraph (e), remove all-cargo air transportation certificate to
the words ‘‘Office of Aviation Analysis’’ perform all-cargo air transportation
PART 200—DEFINITIONS AND and add, in their place, the words under 49 U.S.C. 41103. Certificated
INSTRUCTIONS ‘‘Office of International Aviation’’. carriers are those that hold certificate
authority, including those carriers
■ 1. The authority citation for part 200 PART 203—WAIVER OF WARSAW operating by law under the regulatory
continues to read as follows: CONVENTION LIABILITY LIMITS AND provisions under the Department’s
Authority: 49 U.S.C. Chapters 401, 411, DEFENSES predecessor.
413, 415, 417, and 461.
■ 6. The authority citation for part 203 * * * * *
■ 2. Section 200.1 is revised to read as continues to read as follows: (e) Eligible place means a place in the
follows: United States that meets the specified
Authority: 49 U.S.C. Chapters 401, 411,
413, 415, and 417. criteria outlined in Chapter 417 of 49
§ 200.1 Terms and definitions.
U.S.C.
Unless otherwise specifically stated, ■ 7. Section 203.3 is revised to read as * * * * *
words and phrases other than those follows:
listed in this section have the meaning § 204.4 [REMOVED AND RESERVED]
defined in 49 U.S.C. Subtitle VII. § 203.3 Filing requirements for adherence
to Montreal Convention.
■ 11. Section 204.4 is removed and
(a) Department or DOT means the reserved.
Department of Transportation. All direct U.S. and foreign air carriers
(b) Predecessor means the Civil shall have and maintain in effect and on § 204.5 [Amended]
Aeronautics Board (CAB). file in the Department’s Docket ■ 12. Amend § 204.5 as follows:
(c) Section refers to a section of Operations Office (DOT–OST–1995– ■ a. In § 204.5, in paragraph (c), at the
Subtitle VII of Title 49 of the United 236) on OST Form 4523 a signed end of the sentence, remove the words
States Code (Transportation) or a section counterpart to Agreement 18900, an ‘‘Washington, DC 20590, or by
amozie on DSK3GDR082PROD with PROPOSALS4
of the regulations in this chapter, as agreement relating to liability electronic submission at http://
indicated by the context. The terms in limitations of the Warsaw Convention dms.dot.gov.’’ and add, in their place,
this section, pursuant to this section, in and Hague Protocol, (the Montreal the words ‘‘1200 New Jersey Avenue SE,
accordance with the provisions of this Agreement), dated May 13, 1966, and/or Washington, DC 20590, or by electronic
section, and words of similar import a signed counterpart of any amendment submission at http://
when used in this chapter refer to the or replacement to such Agreement that www.regulations.gov.’’
section of the subchapter in which such may be approved by the Department and ■ b. In § 204.5, in paragraph (d), at the
terms appear. to which the air carrier or foreign air end of the sentence, remove the words
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/5.svg)
![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules 21689
‘‘Washington, DC 20590.’’ and add, in § 211.20 [Amended] transfers or reissuances, and registration
their place, the words ‘‘1200 New Jersey ■ 21. In § 211.20, in paragraph (c)(2)(i), of business names.
Avenue SE, Washington, DC 20590.’’ at the end of the sentence, remove the
§ 215.4 [Amended]
colon and add, in its place, a semicolon.
§ 204.7 [Amended] ■ 31. In § 215.4:
■ 13. In § 204.7, in paragraph (b), in the § 211.31 [Amended] ■ a. In paragraph (a), in the last
second sentence, remove the words ■ 22. In § 211.31, in paragraph (d), at the sentence, remove the words ‘‘Licensing
‘‘Documentary Services Division, end of the sentence, remove the word Division’’ and add, in their place, the
Department of Transportation’’ and add, ‘‘required.’’ and add, in its place, the words ‘‘Foreign Air Carrier Licensing
in their place, the words ‘‘Docket words ‘‘required; and’’. Division’’.
■ b. In paragraph (b), remove the words
Operations Office, U.S. Department of § 211.32 [Amended] ‘‘Docket 17325.’’ and add, in their place,
Transportation.’’
■ 23. In § 211.32, remove the words the words ‘‘Docket DOT–OST–1995–
PART 205—AIRCRAFT ACCIDENT ‘‘section 801(a) of the Federal Aviation 236.’’
LIABILITY INSURANCE Act’’ and add, in their place, the words
‘‘49 U.S.C. 41307’’. PART 216—COMMINGLING OF BLIND
■ 14. The authority citation for part 205 SECTOR TRAFFIC BY FOREIGN AIR
continues to read as follows: PART 212—CHARTER RULES FOR CARRIERS
U.S. AND FOREIGN DIRECT AIR ■ 32. The authority citation for part 216
Authority: 49 U.S.C. Chapters 401, 411,
413, and 417. CARRIERS continues to read as follows:
§ 205.4 [Amended]
■ 24. The authority citation for part 212 Authority: 49 U.S.C. Chapters 401, 413,
continues to read as follows: and 417.
■ 15. In § 205.4, in paragraph (a),
Authority: 49 U.S.C. 40101, 40102, 40109, ■ 33. Throughout part 216, remove the
remove the reference ‘‘http:// 40113, 41101, 41103, 41702, 41708, 41712, words ‘‘Board’’ and ‘‘Board’s’’ wherever
ostpxweb.dot.gov’’ and add, in its place, and 46101. they appear, and add, in their place, the
‘‘https://www.transportation.gov/policy/
§ 212.3 [Amended]
words ‘‘Department’’ and
aviation-policy/licensing/US-carriers’’.
‘‘Department’s’’.
■ 25. In § 212.3, paragraph (c)(i) is
§ 205.6 [Amended]
redesignated as ‘‘paragraph(c)(1)’’. § 216.1 [Amended]
■ 16. In § 205.6, revise the section ■ 34. In § 216.1, in paragraph (a),
heading and paragraph (b)(2) to read as § 212.10 [Amended]
remove the word ‘‘Act’’ from the list of
follows: ■ 26. In § 212.10, in paragraph (e)(1), in definitions; in paragraph (b), remove the
the first sentence, remove the words words ‘‘section 101 of the Act’’ and add,
§ 205.6 Prohibited exclusion of coverage. ‘‘part in interest’’ and add, in their in their place, the words ‘‘49.U.S.C.
* * * * * place, the word ‘‘person’’. 40102’’.
(b) * * *
§ 212.11 [Amended] § 216.3 [Amended]
(2) Liability assumed by the carrier ■ 27. In § 212.11, in paragraph (b)(1),
under an agreement to raise the liability ■ 35. In § 216.3, remove the words
remove the words ‘‘authority sought to ‘‘section 402 of the Act’’ and add, in
limitations of the Warsaw Convention covered’’ and add, in their place, the
by signing a counterpart to an agreement their place, the words ‘‘49 U.S.C.
words ‘‘authority sought is covered’’. 41301’’.
of carriers (such as the Montreal
Agreement, 18900, signed May 13, 1966, PART 214—TERMS, CONDITIONS, § 216.4 [Amended]
agreeing to a limit on the carrier’s AND LIMITATIONS OF FOREIGN AIR ■ 36. In § 216.4, in paragraph (a),
liability for injury or death of passengers CARRIER PERMITS AUTHORIZING remove the words ‘‘Director, Bureau of
of $75,000 per passenger), or any CHARTER TRANSPORTATION ONLY International Aviation.’’ and add, in
amendment to such agreement that may
■ 28. Part 214 is amended by adding an their place, the words ‘‘Director, Office
be approved by the Department and to
authority citation to read as follows: of International Aviation.’’
which the carrier becomes a party.
Authority: 49 U.S.C. 40101, 40102, 40109, PART 217—REPORTING TRAFFIC
PART 207—[REMOVED] 40113, 41504, 41708, 41712, and 46101. STATISTICS BY FOREIGN AIR
■ 17. Part 207 is removed. CARRIERS IN CIVILIAN SCHEDULED,
PART 215—USE AND CHANGE OF CHARTER, AND NONSCHEDULED
NAMES OF AIR CARRIERS, FOREIGN SERVICES
PART 208—[REMOVED] AIR CARRIERS AND COMMUTER AIR
■ 18. Part 208 is removed. CARRIERS ■ 37. The authority citation for part 217
is revised to read as follows:
■ 29. The authority citation for part 215
PART 211—APPLICATIONS FOR continues to read as follows: Authority: 49 U.S.C. 329, 41102, 41301,
PERMITS TO FOREIGN AIR CARRIERS 41708, and 41709.
Authority: 49 U.S.C. Chapters 401, 411,
413, 417. § 217.10 [Amended]
■ 19. The authority citation for part 211 30. Section 215.1 is revised to read as
■ ■ 38. In the Appendix to Section 217.10,
amozie on DSK3GDR082PROD with PROPOSALS4
continues to read as follows: follows: remove paragraphs (a)(5), (a)(6), and
Authority: 49 U.S.C. 40101, 40102, 41101, (a)(7).
41301, and 41703. § 215.1 Applicability.
This part applies to all certificated air § 217.11 [Amended]
§ 211.2 [Amended] carriers, commuter air carriers, and ■ 39. In § 217.11, paragraph (b), remove
■ 20. In § 211.2, paragraph (b), remove foreign direct air carriers and to initial the words ‘‘subject to a maximum fine
the words ‘‘subpart F’’ and add, in their and amended applications for authority, of $10,000 or imprisonment for not
place, the words ‘‘subpart E’’. applications for certificate or permit more than 5 years, or both,’’.
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/6.svg)
![21690 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules
PART 218—LEASE BY FOREIGN AIR the 1999 Montreal Convention, or other prescribed in paragraphs (a) and (b) of
CARRIER OR OTHER FOREIGN treaty), as well as a carrier’s own contract of this section, may substitute a notice of
PERSON OF AIRCRAFT WITH CREW carriage or tariff provisions, may be its own wording upon approval by the
applicable to their entire journey, including Department.
■ 40. The authority citation for part 218 any portion entirely within the countries of
(e) The requirements as to time and
is revised to read as follows: departure and destination. The applicable
treaty governs and may limit the liability of method of delivery of the notice
Authority: 49 U.S.C. 40113, and 41301. carriers to passengers for death or personal (including the size of type) specified in
injury, destruction or loss of, or damage to, paragraphs (a) and (b) of this section
§ 218.2 [Amended] and the requirement with respect to
baggage, and for delay of passengers and
■ 41. In § 218.2, remove the words baggage. travel agents specified in paragraph (c)
‘‘section 402 of the Act’’ and add, in Additional protection can usually be of this section may be waived by the
their place, the words ‘‘49 U.S.C. obtained by purchasing insurance from a Department upon application and
41301’’. private company. Such insurance is not showing by the carrier that special and
affected by any limitation of the carrier’s
unusual circumstances render the
§ 218.3 [Amended] liability under an international treaty. For
further information please consult your enforcement of the regulations
■ 42. Amend § 218.3 as follows: impractical and unduly burdensome
■ (a) In paragraph (a)(1), remove the airline or insurance company representative.
and that adequate alternative means of
words ‘‘section 402 of the Act’’ and add, (2) The statement prescribed herein giving notice are employed.
in their place, the words ‘‘section 41301 shall be printed or displayed in type at (f) Applications for relief under
of 49 U.S.C.’’. least as large as 10-point modern type paragraphs (d) and (e) of this section
■ (b) In paragraph (a)(2), remove the and in ink contrasting with the stock on: shall be filed with the Department’s
words ‘‘section 416 of the Act’’ and add, (i) Each ticket, including electronic Office of International Aviation not later
in their place, the words ‘‘section 40109 tickets; than 15 days before the date on which
of 49 U.S.C.’’. (ii) A piece of paper either placed in such relief is requested to become
■ (c) In paragraphs (a)(2) and (a)(3), the ticket envelope with the ticket or effective.
remove the word ‘‘Board’’ and add, in attached to the ticket; or (g) Notwithstanding any other
its place, the word ‘‘Department’’. (iii) The ticket envelope. provisions of this section, no air taxi
(3) When a carrier is a signatory of a operator subject to part 298 of this
§ 218.5 [Amended] Department-approved intercarrier subchapter shall be required to give the
■ 43. In § 218.5, remove the word agreement implementing an notices prescribed in this section, either
‘‘Board’’ each place it appears, and add, international treaty, and such agreement in its capacity as an air carrier or in its
in its place, the word ‘‘Department’’. contains specific text a carrier may use capacity as an agent for an air carrier or
as a notice to international passengers foreign air carrier.
§ 218.6 [Amended]
regarding carrier liability, the carrier
■ 44. In § 218.6, remove the word may substitute the exact text contained § 221.106 [REMOVED AND RESERVED]
‘‘Board’’ and add, in its place, the word in the intercarrier agreement in lieu of ■ 47. § 221.106 is removed and
‘‘Department’’. the required text of the notice quoted in reserved.
paragraph (a)(1) of this section.
PART 221—TARIFFS (b) By December 31, 2019, each air PART 222—INTERMODAL CARGO
■ 45. The authority citation for part 221 carrier and foreign air carrier which, to SERVICES BY FOREIGN AIR
continues to read as follows: any extent, avails itself of the limitation CARRIERS
on liability to passengers provided by an
Authority: 49 U.S.C. 40101, 40109, 40113, ■ 48. The authority citation for part 222
international treaty, shall also cause to
46101, 46102, chapter 411, chapter 413, is revised to read as follows:
chapter 415 and chapter 417, subchapter I. be displayed continuously in a
conspicuous public place at each desk, Authority: 49 U.S.C. 40113 and 41301.
■ 46. § 221.105 is revised to read as station, and position in the United
follows: § 222.2 [Amended]
States which is in the charge of a person
■ 49. In § 222.2, in paragraphs (a) and
§ 221.105 Special notice of limited liability employed exclusively by it or by it
(d), remove the word ‘‘Board’’ each
under international treaty. jointly with another person, or by any
place it appears, and add, in its place,
(a)(1) In addition to the other agent employed by such air carrier or
the word ‘‘Department’’.
requirements of this subpart, each air foreign air carrier to sell tickets to ■ 50. In § 222.3, paragraphs (a) and (b)
carrier and foreign air carrier which, to passengers whose transportation may be are revised to read as follows:
any extent, avails itself of the limitation governed by an international treaty and
on liability to passengers provided by an whose place of departure or destination § 222.3 Application for Statement of
may be in the United States, a sign Authorization.
international treaty, shall, at the time of
delivery of the ticket, furnish to each which shall have printed thereon the (a) Application for a Statement of
passenger whose transportation is statement prescribed in paragraph (a)(1) Authorization shall be filed with the
governed by the international treaty and of this section. Department’s Foreign Air Carrier
(c) It shall be the responsibility of Licensing Division, Office of
whose place of departure or place of
each carrier to insure that travel agents International Aviation, in duplicate, on
destination is in the United States, the
authorized to sell air transportation for OST Form 4500. In most cases, the
following statement in writing:
amozie on DSK3GDR082PROD with PROPOSALS4
such carrier comply with the notice Department will act upon applications
Advice to International Passengers on provisions of paragraphs (a) and (b) of for Statements of Authorization within
Limitations of Liability this section. 60 days.
Passengers embarking upon a journey
(d) Any air carrier or foreign air (b) Persons objecting to an application
involving an ultimate destination or a stop in carrier subject to the provisions of this for a Statement of Authorization shall
a country other than the country of departure section which wishes to use a notice of file their objections with the Foreign Air
are advised that the provisions of an limited liability of its own wording, but Carrier Licensing Division, Office of
international treaty (the Warsaw Convention, containing the substance of the language International Aviation, within 28 days
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/7.svg)
![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules 21691
of the filing date of the application. The under 49 U.S.C. 41102 authorizing the receiving retirement benefits from any
Department will list the names and carriage of persons. This definition is carrier;
nationalities of all persons applying for applicable to a holder of a certificate (b) With respect to the general public,
Statements of Authorization in its issued by the Civil Aeronautics Board persons not regularly working at a full-
Weekly Summary of Filings. before its sunset in 1984. time paying job, and not intending to do
* * * * * Attendant means any person required so in the future.
by a passenger with a disability in order
§ 222.4 [Amended] to travel, whether or not that person’s § 223.2 [Amended]
■ 51. In § 222.4, in paragraphs (a), services are required while the ■ 56. In § 223.2, in paragraph (a),
remove the word ‘‘Board’’ and add, in passenger with a disability is in an remove the words ‘‘section 401 of the
its place, the word ‘‘Department’’; in aircraft. Act’’ and add, in their place, the words
paragraph (a)(1) remove the words Carrier means: ‘‘section 41102 of 49 U.S.C.’’.
‘‘CAB Form 222’’ and add, in their (a) An air carrier;
§ 223.6 [Amended]
place, the words ‘‘OST Form 4500’’, and (b) An all-cargo air carrier operating
under 49 U.S.C. 41102, 41103. ■ 57. In § 223.6, in paragraph (c),
remove the words ‘‘Form 222’’ and add,
(c) A foreign air carrier; remove the word ‘‘Board’’ and add, in
in their place, the words ‘‘Form 4500’’;
(d) An intrastate carrier; its place, the word ‘‘Department’’.
in paragraph (b), remove the word
‘‘Board’s’’ and add, in its place, the (e) An air taxi (including a commuter § 223.21 [Amended]
word ‘‘Department’s’’. air carrier) operating under parts 294 or
298 of this chapter; and ■ 58. In § 223.21, in paragraph (a),
§ 222.5 [Amended] (f) Any person operating as a common remove the words ‘‘section 403(b) of the
carrier by air, or in the carriage of mail Act’’ and add, in their place, the words
■ 52. In § 222.5, remove the word
by air, or conducting transportation by ‘‘section 41511 of 49 U.S.C.’’.
‘‘Board’’ each place it appears, and add,
in its place, the word ‘‘Department’’. air, in a foreign country. § 223.22 [Amended]
Delivery flight means a flight from a
■ 59. In § 223.22, in the introductory
PART 222—APPENDIX [REMOVED] point in the United States where a
text, remove the words ‘‘sections 403
carrier has taken delivery of a newly
■ 53. Appendix A to Part 222–CAB and 404(b) of the Act’’ and add, in their
manufactured aircraft to any point or
Form 222 is removed. place, the words ‘‘sections 41510 and
points on its route system.
41310(b) of 49 U.S.C.’’; in paragraphs (b)
PART 223—FREE AND REDUCED– Foreign air carrier means the holder
and (b)(1), remove the word ‘‘Board’’
RATE TRANSPORTATION of a permit issued by the Department
and add, in its place, the word
under 49 U.S.C. 41302 authorizing the
‘‘Department’’.
■ 54. The authority citation for part 223 carriage of persons. This definition is
is revised to read as follows: applicable to a holder of a certificate § 223.23 [Amended]
Authority: 49 U.S.C. 40113, 40114, and issued by the Civil Aeronautics Board ■ 60. In § 223.23, in paragraph (a)
41711. before its sunset in 1984. remove the word ‘‘Board’’ and add, in
■ 55. Section 223.1 is revised to read as Free transportation means the carriage its place, the word ‘‘Department’’.
follows: by an air carrier or foreign air carrier of
any person or property (other than § 223.25 [Amended]
§ 223.1 Definitions. property owned by that carrier) in air ■ 61. § 223.25, in paragraph (c), remove
As used in this part, unless the transportation without compensation the word ‘‘Board’’ and add, in its place,
context otherwise requires: therefore. the word ‘‘Department’’.
An affiliate of a carrier means a Inaugural flight means a flight on an
person: aircraft type being introduced by a PART 232 [REMOVED]
(a) Who controls that carrier, or is carrier for the first time on a route, even
controlled by that carrier or by another ■ 62. Part 232 is removed.
if that aircraft type has been used by
person who controls or is controlled by that carrier on other routes or on that PART 234—AIRLINE SERVICE
that carrier; and route by other carriers. QUALITY PERFORMANCE REPORTS
(b) Whose principal business in Passenger with a disability means any
purpose or in fact is: person who has a physical or mental ■ 63. The authority citation for part 234
(1) The holding of stock in one or impairment (other than drug addiction is revised to read as follows:
more carriers; or alcoholism), that substantially limits Authority: 49 U.S.C. 329, 41708, and
(2) Transportation by air or the sale of one or more major life activities. 41709.
tickets therefor; Pass means a written authorization,
(3) The operation of one or more other than actual ticket stock, issued by PART 240—INSPECTION OF
airports, one or more of which are used a carrier for free or reduced-rate ACCOUNTS AND PROPERTY
by that carrier or by another carrier who transportation of persons or property.
controls or is controlled by that carrier Reduced-rate transportation means ■ 64. The authority citation for part 240
or that is under common control with the carriage by an air carrier or foreign is added to read as follows:
that carrier by another person; or air carrier of any person or property Authority: 49 U.S.C. 40113, 40114, 41711,
(4) Activities related to the (other than property owned by such 41708, and 41709.
amozie on DSK3GDR082PROD with PROPOSALS4
transportation by air conducted by that carrier) in air transportation for a ■ 65. Section 240.1 is revised to read as
carrier or by another carrier that compensation less than that specified in follows:
controls or is controlled by that carrier the tariffs of that carrier on file with the
or which is under common control with Department and otherwise applicable to § 240.1 Interpretation.
that carrier by another person. such carriage. (a) In the exercise of the authority
Air carrier means the holder of a Retired means: granted by 49 U.S.C. 41709, the
certificate of public convenience and (a) With respect to carrier directors, authority of any special agent or auditor
necessity issued by the Department officers, and employees, persons to inspect and examine lands, buildings,
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/8.svg)
![21692 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules
equipment, accounts, records, in the section; the definitions for ‘‘Air Schedules in the BTS Form 41 Report,
memorandums, papers or transportation, charter’’ and ‘‘Route, for Schedule No. P–2, in the title,
correspondence shall include the certificated’’ are revised to read as remove the word ‘‘RSPA’’ and add, in
authority to make such notes and copies follows: its place, the word ‘‘BTS’’; in paragraphs
thereof as he or she deems appropriate. (c) and (j), remove the word ‘‘Board’’
(b) The term ‘‘special agent’’ and Section 03 Definitions for Purposes of
each place it appears, and add, in its
‘‘auditor’’ are construed to mean any This System of Accounts and Reports
place, the word ‘‘BTS’’.
employee of the Office of Aviation * * * * *
Enforcement and Proceedings and any Air transportation, charter. Air Section 24 [AMENDED]
other employee of the Department transportation authorized pursuant to 49 ■ 77. In part 241, Section 24, Schedule
specifically designated by it or by the U.S.C. 41102. P–5.1, in paragraph (e), in the fourth
Director, Office of Security. * * * * * sentence, remove the words ‘‘Board’s
(c) The issuance in the form set forth Route, certificated. The route(s) over Information Management Division’’ and
below of an identification card and which an air carrier is authorized to add, in their place, the words ‘‘Office of
credentials to any such employee shall provide air transportation by a Airline Information, RTS–42’’.
be construed to be an order and Certificate of Public Convenience and
direction of the Department to such Necessity issued by the Department of PART 243—PASSENGER MANIFEST
individual to inspect and examine Transportation pursuant to 49 U.S.C. INFORMATION
lands, buildings, equipment, accounts, 41102. This definition is applicable to
records, and memorandums in an air carrier issued a Certificate of ■ 78. The authority citation for part 243
accordance with the authority conferred Public Convenience by the Civil continues to read as follows:
on the Department by 49 U.S.C. Subtitle Aeronautics Board before its sunset in Authority: 49 U.S.C. 40101, 40101nt.,
VII. 1984. 40105, 40113, 40114, 41708, 41709, 41711,
THE UNITED STATES OF AMERICA, * * * * * 41501, 41702, 41712, 44909, 46301, 46310,
DEPARTMENT OF 46316; section 203 of Pub. L. 101–604, 104
TRANSPORTATION, OFFICE OF Section 04 [AMENDED] Stat. 3066 (22 U.S.C. 5501–5513), Title VII of
THE SECRETARY OF Pub. L. 104–264, 110 Stat. 3213 (22 U.S.C.
■ 70. In part 241, Section 04, in
TRANSPORTATION 5501–5513) and Pub. L. 105–148, 111 Stat.
paragraph (b), in the third sentence, 2681 (49 U.S.C. 41313).
[photo] remove the words ‘‘The Office of Airline
[number] Statistics’’ and add, in their place, ‘‘The § 243.11 [Amended]
[expiration date] Office of Airline Information’’. ■ 79. In § 243.11, in paragraph (c),
IS APPOINTED remove the words ‘‘Family Support
Section 12 [AMENDED]
[title] Services’’ and add, in their place, the
The bearer of this credential whose ■ 71. In part 241, Section 12–77, in the
last sentence of paragraph (b), remove words ‘‘Transportation Disaster
name and photograph appear hereon is Assistance’’.
authorized to enter upon, to inspect, the words ‘‘, in the absence of such
and examine lands, buildings (including action by the Civil Aeronautics Board,’’. § 243.13 [Amended]
airport facilities), and equipment Section 19 [AMENDED] ■ 80. In § 243.13, in paragraph (c),
(including aircraft) of air carriers and remove the words ‘‘Dockets Facility
■ 72. In part 241, Sec. 19–6(b)(2), in the
foreign air carriers, and to inspect and (SVC–121.30)’’ and add, in their place,
first sentence, remove the words
copy records and papers of air carriers, the words ‘‘Dockets Management
‘‘Department under Title IV of the
foreign air carriers and ticket agents, in Facility (M–90)’’; also remove the words
Federal Aviation Act of 1958, as
performance of his/her duties under 49 ‘‘by July 1, 1998, or, for covered airlines
amended,’’ and add, in their place, the
U.S.C. 41709, related acts, and beginning operations after July 1,
words ‘‘Department under 49 U.S.C.
regulations of the Department. 1998,’’..
Subtitle VII,’’.
BY DIRECTION OF THE SECRETARY ■ 73. In part 241, Sec. 19–7(a), in the
last sentence, remove the word ‘‘K–25’’ PART 247—DIRECT AIRPORT-TO-
§ 240.2 [Amended] AIRPORT MILEAGE RECORDS
■ 66. In § 240.2, remove the word and add, in its place, the word ‘‘RTS–
‘‘Board’’ and add, in its place, the word 42’’.
■ 81. The authority citation for part 247
■ 74. In Appendix A to part 241 Sec.
‘‘Department’’; remove the word ‘‘him’’ continues to read as follows:
19–7, subsection I.B. Narrative
and add, in its place, the words ‘‘him or Authority: 49 U.S.C. chapter 401.
Description, in the first paragraph,
her’’; remove the word ‘‘he’’ and add, in
remove the last sentence and add, in its
its place, the words ‘‘he or she’’. § 247.1 [Amended]
place, the sentence ‘‘The authority for
PART 241—UNIFORM SYSTEM OF these instructions is found in 14 CFR ■ 82. In § 247.1, remove the words
ACCOUNTS AND REPORTS FOR part 241, section 19–7.’’ ‘‘Titles IV and X of the Federal Aviation
LARGE CERTIFICATED AIR CARRIERS Act of 1958, as amended’’ and add, in
Section 21 [AMENDED] their place, the words ‘‘Subtitle VII of
■ 67. The authority citation for part 241 ■ 75. In part 241, Section 21(a), remove Title 49 of the United States Code
is revised to read as follows: the words ‘‘subject to the Federal (Transportation)’’.
amozie on DSK3GDR082PROD with PROPOSALS4
Authority: 49 U.S.C. 329, 41101, 41708, Aviation Act of 1958, as amended,’’;
and 41709. remove the words ‘‘Civil Aeronautics PART 248—SUBMISSION OF AUDIT
Board’’ and add, in their place, the word REPORTS
Section 01 [Removed and Reserved] ‘‘BTS’’.
■ 68. In part 241, section 01 is removed ■ 83. The authority citation for part 248
and reserved. Section 22 [AMENDED] is revised to read as follows:
■ 69. In part 241, Section 03, remove the ■ 76. In part 241, Section 22, General Authority: 49 U.S.C. 329, 41102, 41708,
definition ‘‘Act’’ from where it appears Reporting Instructions, in the List of and 41709.
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/9.svg)
![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules 21693
§ 248.2 [Amended] ‘‘40102(40)’’ and add, in its place, the § 294.30 [Amended]
■ 84. In § 248.2, in paragraph (b), reference ‘‘40102(a)(45)’’. ■ 102. In § 294.30, in paragraph (c), in
remove the words ‘‘Board’s Office of the the first sentence, remove the words
Comptroller’’ and add, in their place, PART 271—GUIDELINES FOR ‘‘exemption under section 41701’’ and
the words ‘‘BTS’ Office of Airline SUBSIDIZING AIR CARRIERS add, in their place, the words
Information’’. PROVIDING ESSENTIAL AIR ‘‘exemption under 49 U.S.C. 40109’’.
TRANSPORTATION
PART 249—PRESERVATION OF AIR PART 296—INDIRECT AIR
CARRIER RECORDS ■ 93. The authority citation for part 271 TRANSPORTATION OF PROPERTY
continues to read as follows:
■ 85. The authority citation for part 249 ■ 103. The authority citation for part
Authority: 49 U.S.C. Chapters 401 and
continues to read as follows: 296 continues to read as follows
417.
Authority: 49 U.S.C. 329 and chapters 401, Authority: 49 U.S.C. Chapters 401 and
411, 413, and 417. ■ 94. In § 271.2, in the Definitions, the 417.
term ‘‘Eligible place’’ is revised to read
§ 249.7 [Amended] as follows: § 296.3 [Amended]
■ 86. In § 249.7, in paragraph (b), ■ 104. In § 296.3, at the end of the
remove the word ‘‘Board’’ and add, in § 271.2 [Amended] paragraph, remove the words ‘‘the Civil
its place, the word ‘‘Department’’. * * * * * Aeronautics Board’’ and add, in their
Eligible place means a place in the place, the words ‘‘its predecessor to the
PART 253—NOTICE OF TERMS OF United States that meets the specified extent that those actions, by law, are
CONTRACT OF CARRIAGE criteria outlined in Chapter 417 of 49 still in effect’’.
■ 87. The authority citation for part 253 U.S.C.
PART 297—FOREIGN AIR FREIGHT
is revised to read as follows: * * * * *
FORWARDERS AND FOREIGN
Authority: 49 U.S.C. 40113, 40114, 41501, PART 272 [REMOVED AND COOPERATIVE SHIPPERS
41504, 41506, 41509, 41510, 41511, 41702, ASSOCIATIONS
and 41711.
RESERVED]
■ 105. The authority citation for part
§ 253.7 [Amended] ■ 95. Part 272 is removed and reserved. 297 continues to read as follows:
■ 88. In § 253.7, remove the reference PART 291—CARGO OPERATIONS IN Authority: 49 U.S.C. Chapters 401 and
‘‘§ 399.87’’ and add, in its place, the INTERSTATE AIR TRANSPORTATION 417.
reference ‘‘§ 399.88’’.
■ 106. Throughout part 297, remove the
■ 96. The authority citation for part 291 words ‘‘Aviation Analysis’’ and add, in
PART 257—DISCLOSURE OF CODE- is revised to read as follows:
SHARING ARRANGEMENTS AND their place, the words ‘‘International
LONG-TERM WET LEASES Authority: 49 U.S.C. 329, 41103, 41708, Aviation’’.
and 41709. ■ 107. Throughout part 297, remove the
■ 89. The authority citation for part 257 words ‘‘Special Authorities Division’’
continues to read as follows: § 291.45 [Amended]
and add, in their place, the words ‘‘U.S.
Authority: 49 U.S.C. 40113(a), and 41712. ■ 97. In § 291.45, in the Appendix to Air Carrier Licensing/Special
291.45, paragraph (c), remove the Authorities Division’’.
§ 257.3 [Amended] organizational code ‘‘K–14’’ and add, in
■ 90. In § 257.3, remove the word ‘‘(g)’’; its place ‘‘RTS–42’’. § 297.3 [Amended]
remove the reference ‘‘49 U.S.C. ■ 108. In § 297.3, in paragraph (b),
40102(40)’’ and add, in its place, the § 291.60 [Amended] remove the words ‘‘bona fide
reference ‘‘49 U.S.C. 40102(45)’’; the ■ 98. In § 291.60, in paragraph (b)(2), in asociation’’ and add, in their place, the
definition of ‘‘Designator code’’ is the first sentence, remove the words words ‘‘bona fide association’’.
revised to read as follows: ‘‘Title IV of the Federal Aviation Act of
1958, as amended’’ and add, in their PART 298—EXEMPTIONS FOR AIR
§ 257.3 Definitions place, the words ‘‘Subtitle VII of Title 49 TAXI AND COMMUTER AIR CARRIER
* * * * * of the United States Code OPERATIONS
Designator code means the airline (Transportation)’’. ■ 109. The authority citation for part
designations originally allotted, 298 is revised to read as follows:
administered, and prescribed by the PART 294—CANADIAN CHARTER AIR
Department of Transportation (DOT), by TAXI OPERATORS Authority: 49 U.S.C. 329, 41102, 41708,
operation of law, pursuant to 49 U.S.C. and 41709.
Subtitle VII or its predecessor’s statutory ■ 99. The authority citation for part 294 ■ 110. In § 298.2, in the list of
provisions still in effect by law. continues to read as follows: definitions, the term ‘‘Eligible place’’ is
* * * * * Authority: 49 U.S.C. Chapters 401 and revised to read as follows:
417.
§ 298.2 Definitions.
PART 258—DISCLOSURE OF
CHANGE-OF-GAUGE SERVICES ■ 100. Throughout part 294, remove the * * * * *
amozie on DSK3GDR082PROD with PROPOSALS4
words ‘‘Special Authorities Division’’ Eligible place means a place in the
■ 91. The authority citation for part 258 and add, in their place, the words ‘‘U.S. United States that meets the specified
continues to read as follows: Air Carrier Licensing/Special criteria outlined in Chapter 417 of 49
Authority: 49 U.S.C. 40113(a) and 41712. Authorities Division’’. U.S.C.
§ 294.10 [Amended] * * * * *
§ 258.3 [Amended]
■ 92. In § 258.3, in paragraph (d), at the ■ 101. In § 294.10, add a period at the § 298.21 [Amended]
end of the sentence, delete the reference end of paragraph (d). ■ 111. In § 298.21:
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/10.svg)
![21694 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules
■ a. In paragraph (a), remove the words C, ‘‘A Report of Financial and Operating § 300.4 [Amended]
‘‘Program Management Branch’’ and Statistics for Small Aircraft Operators’’, ■ 120. In § 300.4, in paragraph (c),
add, in their place, the words and Schedule T–100, ‘‘U.S. Air Carrier remove the reference ‘‘paragraph (a)’’,
‘‘Technical Programs Branch’’. Traffic and Capacity Data by Nonstop and, in its place, add the reference
■ b. In paragraph (c)(1), remove the Segment and On-Flight Market’’, as ‘‘paragraph (b)’’; revise paragraph (d) to
words ‘‘Program Management Branch, required by this section. read as follows:
Federal Aviation Administration, AFS– * * * * *
260, or on the World Wide Web at § 300.4 Separation of functions in hearing
§ 298.61 [Amended] cases.
http://www.faa.gov/avr/afs/afs200/
afs260/Part298.cfm’’ and add, in their ■ 115. In § 298.61 paragraph (a), remove * * * * *
place, the words ‘‘Technical Programs the words ‘‘AU.S. Air Carrier Traffic and (d) In enforcement cases, the Office of
Branch, Federal Aviation Capacity Data by Nonstop Segment and the Assistant General Counsel for
Administration, AFS–260 at (202) 267– On-Flight Market.’’ ’’, and add, in their Aviation Enforcement and Proceedings,
8166, or on the internet at https:// place, the words ‘‘ ‘‘U.S. Air Carrier under the supervision of the career
www.faa.gov/about/office_org/ Traffic and Capacity Data by Nonstop Deputy General Counsel and the
headquarters_offices/avs/offices/afx/ Segment and On-Flight Market.’’ ’’; in General Counsel, will conduct all
afs/afs200/afs260/exemptions/’’. paragraph (b), remove the words enforcement proceedings and related
■ c. In paragraph (d), in the first ‘‘Schedule T–100 shall be filed monthly investigative functions, while the non-
sentence, remove the words ‘‘Program as set forth in ‘‘298.60.’’, and add, in career Deputy General Counsel will
Management Branch (AFS–260), 800 their place, the words ‘‘ ‘‘Schedule T– advise the DOT decisionmaker in the
Independence Avenue SW, Washington, 100 shall be filed monthly as set forth course of the decisional process. The
DC 20591’’ and add, in their place, the in § 298.60’’ ’’; and in paragraph (e)(2), Office of the Assistant General Counsel
words ‘‘Technical Programs Branch remove the organizational code ‘‘K–14’’ for Aviation Enforcement and
(AFS–260), 800 Independence Avenue and add, in its place ‘‘RTS–42’’. Proceedings will report to the career
SW, Room 831, Washington, DC 20591’’. Deputy General Counsel and the
§ 298.70 [Amended] General Counsel. To ensure the
§ 298.23 [Amended] independence of these functions, this
■ 116. In § 298.70, in paragraph (d)(2),
■ 112. In § 298.23, in paragraph (b), in remove the words ‘‘Title IV of the Office and the General Counsel, for the
the first sentence, remove the words Federal Aviation Act of 1958, as purpose of this section, shall be
‘‘Program Management Branch (AFS– amended’’ and add, in their place, the considered an ‘‘office’’ as that term is
260), 800 Independence Avenue SW, words ‘‘Subtitle VII of Title 49 of the used in paragraph (b), separate from the
Washington, DC 20591’’ and add, in United States Code (Transportation)’’. non-career Deputy General Counsel and
their place, the words ‘‘Technical the rest of the Office of the General
Programs Branch (AFS–260), 800 PART 300—RULES OF CONDUCT IN Counsel.
Independence Avenue SW, Room 831, DOT PROCEEDINGS UNDER THIS
Washington, DC 20591’’; in the second § 300.8 [Removed and Reserved]
CHAPTER
sentence, remove the words ‘‘Alaskan ■ 121. Remove and reserve § 300.8.
Region Headquarters (AAL–230), 222 ■ 117. The authority citation for part § 300.15 [REDESIGNATED AS § 300.8 AND
West 7th Avenue, Box 14, Anchorage, 300 continues to read as follows: AMENDED]
Alaska 99513’’ and add, in their place, Authority: 49 U.S.C. subtitle I and ■ 122. Redesignate § 300.15 as § 300.8;
the words ‘‘Alaskan Region chapters 401, 411, 413, 415, 417, 419, 421, remove the word ‘‘(a)’’; and remove
Headquarters Technical Standards 449, 461, 463, and 465. paragraph (b) from the newly
Branch, (AAL–231), 222 West 7th redesignated § 300.8.
Avenue, Box 14, Anchorage, Alaska § § 300.0a, 300.8, 300.9, 300.10, 300.10a,
300.11, 300.12, 300.13, 300.14, and 300.16
99513’’. [REMOVED] PART 302—RULES OF PRACTICE IN
§ 298.50 [Amended] PROCEEDINGS
§ § 300.17 through 300.20
■ 113. In § 298.50, in paragraph (a)(3), [REDESIGNATED AS §§ 300.9 through ■ 123. The authority citation for part
remove the words ‘‘A $670 filing fee in 300.12] 302 is revised to read as follows:
the form of a check, draft, or postal ■ 118. Remove §§ 300.0a, 300.8, 300.9, Authority: 39 U.S.C. 5402; 42 U.S.C. 4321,
money order payable to the Department 300.10, 300.10a, 300.11, 300.12, 300.13, 49 U.S.C. Subtitle I and Chapters 401, 411,
of Transportation’’ and add, in their 300.14, and 300.16 and redesignate 413, 415, 417, 419, 461, 463, and 471.
place, the words ‘‘A $670 filing fee §§ 300.17 through 300.20 as §§ 300.9
submitted in accordance with the § 302.3 [Amended]
through 300.12, respectively.
provisions of § 389.21’’; in paragraph ■ 124. In § 302.3:
(b), remove the words ‘‘Department of § 300.3 [Amended] ■ a. In paragraph (a)(1), in the second
Transportation Dockets,’’ and add, in sentence, remove the words ‘‘the DOT
■ 119. In § 300.3:
their place, the words ‘‘Docket Dockets Management System (DMS)
■ a. In paragraph (b)(1), remove the internet website’’ and add, in their
Operations Office, U.S. Department of
word ‘‘(DMS)’’ and add, in its place, the place, the words ‘‘http://
Transportation,’’.
words ‘‘(http://www.regulations.gov)’’; www.regulations.gov’’.
■ 114. In § 298.60, revise paragraph (a)
amozie on DSK3GDR082PROD with PROPOSALS4
also remove the words ‘‘and Media ■ b. In paragraph (c), in the third
to read as follows:
Management.’’ sentence, remove the words ‘‘the
§ 298.60 General reporting instruction. ■ b. In paragraph (b)(3), remove the specified DOT DMS internet website’’
(a) Each commuter air carrier and words ‘‘http://dms.dot.gov’’ and add, in and add, in their place, the words
each small certificated air carrier shall their place, the words ‘‘http://www.regulations.gov’’.
file with the Department’s Bureau of ‘‘www.regulations.gov’’. ■ c. In paragraph (d)(1)(ii), in the first
Transportation Statistics (BTS) the ■ c. In paragraph (c)(1), remove the sentence, remove the words ‘‘the DOT
applicable schedules of BTS Form 298– words ‘‘and Media Management.’’ DMS internet website’’ and add, in their
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/11.svg)
![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules 21695
place, the words ‘‘http:// necessarily limited, to population, PART 303— REVIEW OF AIR CARRIER
www.regulations.gov’’. manufacturing, business, statistics, and AGREEMENTS
any yearbooks, abstracts, or similar
§ 302.4 [Amended] publications published by DOC. ■ 131. The authority citation for part
■ 125. In § 302.4, remove the words ‘‘the 303 continues to read as follows:
(xviii) All Official Airline Guides,
DOT DMS internet website’’ each place including the North American, Authority: 49 U.S.C. chapters 401, 413,
they appear, and add, in their place, the Worldwide, All-Cargo and quick and 417.
words ‘‘http://www.regulations.gov’’. reference editions, including electronic ■ 132. The introductory text to § 303.01
§ 302.7 [Amended] versions. is revised to read as follows:
■ 126. In § 302.7, remove the word (xix) Official Railways Guide and
§ 303.01 Purpose.
‘‘§ 302.4(a)(2)(iv)’’ each place it appears, Russell’s Official National Motor Coach
Guide. These regulations set forth the
and add, in its place, the word procedures by which applications may
‘‘§ 302.4(a)(2)(i)(D)’’. (xx) The Rand McNally Commercial
be made to the Department of
■ 127. In § 302.24, paragraphs (g)(1)(iii) Atlas and Marketing Guide, and the
Transportation under 49 U.S.C. 41308
through (vi), (g)(1)(viii), (g)(1)(ix), Rand McNally Road Atlas, United
and 41309 and procedures governing
(g)(1)(xiv) through (xx), and (g)(2) and States, Canada, and Mexico.
proceedings to enforce these provisions.
(3) are revised to read as follows: (2) Any fact contained in a document These regulations and procedures
§ 302.24 Evidence.
belonging to a category enumerated in supplement the rules described in part
paragraph (g)(1) of this section shall be 302 of this chapter, which also apply to
* * * * * deemed to have been physically
(g) * * * the review of air carrier agreements.
incorporated into and made part of the ■ 133. Section 303.02 is revised to read
(1) * * * record in such proceedings. However,
(iii) Reports of Traffic and Financial as follows:
such taking of official notice shall be
Data of all U.S. Air Carriers issued by § 303.02 Definitions.
subject to the rights granted to any party
the Department or by its predecessor.
or intervener to the proceeding under (a) The term Assistant Secretary
(iv) Airline Traffic Surveys and
section 7(d) of the Administrative means the Assistant Secretary for
Passenger Origin-Destination Surveys,
Procedure Act (5 U.S.C. 557(d)). Aviation and International Affairs, or as
Domestic or International, compiled by
(3) The decisions of the Department delegated. As provided in 49 CFR 1.21,
the Department or its predecessor and
and its administrative law judges may the Secretary or Deputy Secretary may
published and/or made available either
officially notice any appropriate matter exercise any authority in lieu of the
to the public or to parties in
without regard to whether or not such Assistant Secretary under the provisions
proceedings.
items are contained in a document of this part.
(v) Compilations of data relating to
belonging to the categories enumerated (b) The term documents means (1) all
competition in the airline industry and
in paragraph (g)(1) of this section. written, recorded, transcribed or graphic
made available to the public by the
However, where the decision rests on matter including letters, telegrams,
Department or its predecessor.
official notice of a material fact or facts, memoranda, reports, studies, forecasts,
(vi) Passenger, mail, express, and
it will set forth such items with lists, directives, tabulations, logs, or
freight data submitted to the Department
sufficient particularity to advise minutes and records of meetings,
and its predecessor as part of ER–586
interested persons of the matters that conferences, telephone or other
Service Segment Data by U.S. carriers,
have been noticed. conversations or communications; and
or similar data submitted to the
* * * * * (2) all information contained in data
Department by U.S. air carriers (T–100)
processing equipment or materials. The
or (T–100F) that are not confidential. ■ 128. Throughout Subpart D, remove
term does not include daily or weekly
(vii) * * * the word ‘‘Deputy’’ wherever it appears. statistical reports in whose place an
(viii) Service Mail Pay and Subsidy
§ 302.401 [Amended] annual or monthly summary is
for U.S. Certificated Air Carriers
submitted.
published by the Department or its ■ 129. In § 302.401, remove the words (c) The term hearing means either a
predecessor, including any ‘‘Subtitle VII of’’. show-cause proceeding as provided in
supplemental data and subsequent ■ 130. In § 302.603, paragraph (b) is § 303.44 of this part or a full evidentiary
issues published by the Department or revised to read as follows: hearing as provided in § 303.45 of this
its predecessor.
§ 302.603 Contents of complaint or part, whichever is determined by the
* * * * * Assistant Secretary to be appropriate.
request for determination.
(xii) Chart Supplements, issued by the (d)–(g) [Reserved]
FAA. * * * * *
(h) The term Section 41309
(xiii) * * * (b) All exhibits and briefs prepared on transaction means any contract,
(xiv) Monthly, quarterly and annual electronic spreadsheet or word agreement or discussion of a cooperative
reports of the Immigration and processing programs should be working arrangement within the scope
Naturalization Service, U.S. Department accompanied by standard-format of 49 U.S.C. 41309.
of Justice. electronic media containing those (i) [Reserved]
(xv) All forms and reports required by submissions. Parties should submit ■ 134. Section 303.3 is revised to read
amozie on DSK3GDR082PROD with PROPOSALS4
the U.S. Postal Service to be filed by air three copies the electronic media to as follows:
carriers authorized to transport mail. Department of Transportation Dockets
(xvi) All orders of the Postmaster Operations Office: One copy for the § 303.03 Requirement to file application.
General designating schedules for the docket, one copy for the Office of A person who seeks approval of a
transportation of mail. Hearings, and one copy for the Office of section 41309 transaction must file the
(xvii) Publications of the Bureau of Aviation Analysis. Filers should ensure application with the Docket Operations
the Census of the U.S. Department of that files on the electronic media are Office, M–30, U.S. Department of
Commerce (DOC) relating, but not unalterably locked. Transportation, 1200 New Jersey
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/12.svg)
![21696 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules
Avenue SE, Washington, DC 20590, or section 41308 is pending on the date application’’ and add, in their place, the
by electronic submission at http:// this part is amended, such application words ‘‘41309 application’’.
www.regulations.gov. The application or request shall be deemed made ■ 143. In § 303.42, paragraph (a) is
must conform to the requirements set pursuant to the provisions of this part, revised to read as follow:
forth in §§ 303.04 and 303.05 of this as amended.
part. ■ 139. The title of Subpart D is revised § 303.42 Comments on application.
■ 135. Section 303.04(i) is revised to to read as follows: (a) Unless a different comment period
read as follows: is specified by notice or order, or in a
Subpart D—Section 41309 notice of filing published in the Federal
§ 303.04 General rules governing Applications Register, any person may file comments,
application content, procedure and
conditions of approval. ■ 140. In § 303.30 the introductory text responses to the application, and/or a
and paragraph (c) are revised to read as request for a hearing, within 21 days of
* * * * * the filing of an application.
(i) The person submitting the follows:
application to the Department shall * * * * *
§ 303.30 General provisions concerning
send a complete copy of the application contents of applications. § 303.43 [Amended]
to the Chief, Transportation Section, A Section 41309 application shall ■ 144. In § 303.43(b), remove the words
Antitrust Division of the Department of contain the following general ‘‘412 application’’ each place they
Justice, at the same time as it is filed information: appear, and add, in their place, the
with the Docket Operations Office. * * * * * words ‘‘41309 application’’.
* * * * * (c) If the contract, agreement or
■ 136. Section 303.05(a) is revised to request for authority to discuss a PART 305—RULES OF PRACTICE IN
read as follows: cooperative working arrangement is INFORMAL NONPUBLIC
evidenced by a resolution or other INVESTIGATIONS
§ 303.05 Applications requesting antitrust
immunity. action of an air carrier association, the
application shall contain the resolution ■ 145. The authority citation for part
(a) Each application must state or other action and a certification by an 305 continues to read as follows:
explicitly whether or not the applicant authorized employee of the association Authority: 49 U.S.C. chapters 401, 417,
seeks antitrust immunity under the that the resolution or other action was 461; 5 U.S.C. 555, 556.
provisions of 49 U.S.C. 41308. If duly adopted on a certain date. The
antitrust immunity is requested, the ■ 146. Throughout the part 305, remove
authorized employee shall also specify the word ‘‘Deputy’’ wherever it appears.
application should specify whether the in such certification the name of each
applicant seeks full immunity or air carrier that concurred in such § 305.1 [Amended]
immunity only from the provisions of resolution or other action and the name
sections 4, 4a and 4c of the Clayton Act, ■ 147. In § 305.1, remove the words
of each air carrier member that did not ‘‘Title IV or sections 101(3), 1002, 1003,
15 U.S.C. 15, 15a, 15c. Each application concur.
seeking antitrust immunity shall contain or 1108(b) of the Act’’ and add, in their
■ 141. Section 303.31 is revised to read place, the words ‘‘49 U.S.C. Subtitle VII,
a statement explaining why the as follows:
applicant believes immunity is in the Chapter 411 or 49 U.S.C. 40102(2),
public interest and necessary in order § 303.31 Justification for the application. 41502, 41507, 41508, 41509, 41702,
for the transaction to proceed. 41703, or 46101’’.
A section 41309 application shall
■ 148. § 305.7(b) is revised to read as
* * * * * explain the nature and purpose of the
contract, agreement or request to discuss follows:
■ 137. Section 303.06 is revised to read
as follows: a cooperative working arrangement and § 305.7 Issuance of investigation
describe how it changes any price, rule, subpenas.
§ 303.06 Review of antitrust immunity. or practice existing under a previously * * * * *
The Assistant Secretary may initiate a approved application. The application (b) Witnesses subpoenaed to appear
proceeding to review any antitrust also, consistent with Department of shall be paid the fees and mileage
immunity previously conferred by the Transportation and the precedent of prescribed in § 302.27(c) of the Rules of
Department’s predecessor or the DOT’s predecessor, shall contain factual Practice (14 CFR 302.27(c)). Service of
Department in any section 41309 material, documentation, and argument such subpoenas shall be made in
transaction. The Assistant Secretary in support of the application. Economic accordance with the provisions of
may terminate or modify such immunity analyses, when required, shall include (§ 302.7) of the Rules of Practice (14 CFR
if the Assistant Secretary finds after full explanatory details, including data 302.7).
notice and hearing that the previously sources and allocation methods. If the
conferred immunity is not consistent applicants intend to rely upon market § 305.11 [Amended]
with the provisions of section 41308. In data sources, other than those available ■ 149. In § 305.11, remove the word
any proceeding to review such to the public by the Department, the ‘‘Deputy’’ each place it appears; and in
immunity, the proponents of the complete market data shall be included the first sentence, remove the words ‘‘,
immunity shall have the burden of with the application at the time of filing. and any documentary evidence obtained
justifying the continuation of previously If the applicants intend to rely on public
amozie on DSK3GDR082PROD with PROPOSALS4
in the investigation will be returned to
conferred immunity under the benefits to justify approval, they shall the persons who produced it’’.
provisions of section 41308. describe these benefits, including
■ 138. Section 303.07 is revised to read foreign policy and comity PART 323—TERMINATIONS,
as follows: considerations. SUSPENSIONS, AND REDUCTIONS OF
SERVICE
§ 303.07 Transitional rule. § 303.32 [Amended]
If a section 41309 application or a ■ 142. In § 303.32(a), in the first ■ 150. The authority citation for part
request for antitrust immunity under sentence, remove the words ‘‘412 323 continues to read as follows:
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/13.svg)
![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules 21697
Authority: 49 U.S.C. Chapters 401, 411, section 419(b) of the Act’’ and add, in § 372.30 [Amended]
and 417. their place, the words ‘‘as an eligible ■ 161. In § 372.30, in paragraph (a),
§ 323.2 [Amended]
place under 49 U.S.C. 41731’’. remove the words ‘‘Office of Aviation
■ b. In paragraph (a)(1), remove the Analysis,’’ and add, in their place, the
■ 151. In § 323.2, the terms ‘‘Certificated words ‘‘section 401 certificate’’ each words ‘‘Office of International
carrier’’ and ‘‘Eligible place’’ are revised place it appears, and add, in their place, Aviation’’; in paragraph (a)(9), remove
to read as follows: the words ‘‘section 41102 certificate’’. the word ‘‘applicant’’ and add, in its
§ 323.2 Definitions. ■ c. In paragraph (a)(3), remove the place, the word ‘‘applicants’’.
* * * * * words ‘‘eligible point’’ and add, in their ■ 162. Revise Appendix A to Part 372 to
Certificated carrier means a direct air place, the words ‘‘eligible place’’. read as follows:
■ d. In paragraph (b), remove the words
carrier holding authority to provide air Appendix A to Part 372—Overseas
transportation granted by the ‘‘Documentary Services Division’’ and
add, in their place, the words ‘‘Docket Military Personnel Charter Operator’s
Department of Transportation (‘‘DOT’’) Surety Bond Under Part 372 of the
in the form of a certificate of public Operations Office’’; remove the words
‘‘section 419(f) of the Act’’ and add, in Regulations of the Department of
convenience and necessity under Transportation (14 CFR Part 372)
section 41102 of the Title 49 of the their place, the words ‘‘49 U.S.C.
United States Code (Transportation) or 41737’’. Know all persons by these presents, that
■ e. In paragraph (c), remove the words we ll (name of charter operator) of ll
an all-cargo air transportation certificate (address) as Principal (hereinafter called
to perform all-cargo air transportation ‘‘eligible point’’ and add, in their place,
the words ‘‘eligible place’’; remove the ‘‘Principal’’), and ll (name of surety) a
under 49 U.S.C. 41103. corporation created and existing under the
Eligible place means a place in the words ‘‘Documentary Services Division’’
laws of the State of ll (State) as Surety
United States that meets the specified and add, in their place, the words (hereinafter called ‘‘Surety’’) are held and
criteria outlined in Chapter 417 of 49 ‘‘Docket Operations Office’’. firmly bound unto the United States of
■ 157. Section 325.5 is revised to read America in the sum of ll (see § 372.24(a),
U.S.C.
as follows: 14 CFR part 372) for which payment, well
* * * * * and truly to be made, we bind ourselves and
§ 325.5 Determinations and designations. our heirs, executors, administrators,
PART 325—ESSENTIAL AIR SERVICE DOT will issue a determination of the successors, and assigns, jointly and severally
PROCEDURES essential level of air service for a place firmly by these presents.
■ 152. The authority citation for part within 6 months after each of the Whereas Principal is an overseas military
following events: personnel charter operator pursuant to the
325 continues to read as follows:
(a) A notice is received that service to provisions of Part 372 of the Department’s
Authority: 49 U.S.C. Chapters 401 and regulations and other rules and regulations of
an eligible place will be reduced to only
417. the Department relating to security for the
one carrier that holds a section 41102 protection of charter participants, and has
§ 325.1 [Amended] certificate; elected to file with the Department of
■ 153. In § 325.1, remove the words (b) A point is designated as an eligible Transportation such a bond as will insure
‘‘under section 419 of the Act’’ and add, place under 49 U.S.C. 41731 and either financial responsibility with respect to all
in their place, the words ‘‘under 49 paragraph (c) of this section, paragraph monies received from charter participants for
U.S.C. 41732’’. (d) of this section, or § 325.7(e); or services in connection with overseas military
■ 154. Section 325.2 is revised to read (c) A review was conducted of personnel charters to be operated subject to
essential air service of that place under Part 372 of the Department’s Special
as follows: Regulations in accordance with contracts,
§ 325.6.
§ 325.2 Applicability. agreements, or arrangements therefor, and
§ 325.6 [Amended] Whereas this bond is written to assure
This part applies to essential air compliance by Principal as an authorized
service determinations for communities ■ 158. Amend § 325.6 as follows:
charter operator with Part 372 of the
designated as eligible under 49 U.S.C. ■ a. In paragraph (a), remove the words Department’s regulations, and other rules and
41731 and to eligible place designations ‘‘eligible points’’ each place it appears, regulations of the Department relating to
and essential air service determinations and add, in their place, the words security for the protection of charter
for communities that qualify under 49 ‘‘eligible places’’. participants, and shall inure to the benefit of
U.S.C. 41732 and 41733. It applies to ■ b. In paragraph (c), remove the words any and all charter participants to whom
the gathering of data by the Department, ‘‘under section 419(b) of a community Principal may be held legally liable for any
as an eligible point to determine damages herein described.
and to the participation of State, local,
whether that point continues’’ and add, Now, therefore, the condition of this
and other officials and other interested obligation is such that if Principal shall pay
persons in the designation and in their place, the words ‘‘under 49
or cause to be paid to charter participants any
determination processes. U.S.C. 41733 to determine whether the
sum or sums for which Principal may be held
community designated as an eligible legally liable by reason of Principal’s failure
* * * * *
place continues’’. faithfully to perform, fulfill and carry out all
■ 155. Section 352.3 is revised to read
as follows: contracts, agreements, and arrangements
PART 330 [REMOVED and RESERVED] made by Principal while this bond is in effect
§ 325.3 Definitions. with respect to the receipt of moneys from
■ 159. Part 330 is removed and
As used in this part, eligible place charter participants, and proper
reserved.
amozie on DSK3GDR082PROD with PROPOSALS4
disbursement thereof pursuant to and in
means a place in the United States that accordance with the provisions of Part 372 of
meets the specified criteria outlined in PART 372—OVERSEAS MILITARY the Department’s regulations, then this
Chapter 417 of 49 U.S.C. PERSONNEL CHARTERS obligation shall be void, otherwise to remain
in full force and effect.
§ 325.4 [Amended] ■ 160. The authority citation for part
The liability of Surety with respect to any
■ 156. Amend § 325.4 as follows: 372 continues to read as follows: charter participant shall not exceed the
■ a. In § 325.4, in paragraph (a), remove Authority: 49 U.S.C. Chapters 401, 411, charter price paid by or on behalf of such
the words ‘‘as an eligible point under 413, and 417. participant.
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/14.svg)
![21698 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules
The liability of Surety shall not be PART 374—[AMENDED] and (a)(24))’’; in the term ‘‘Exemption’’
discharged by any payment or succession of remove the words ‘‘under section 416(b)
payments hereunder, unless and until such ■ 163. The authority citation for part of the Act’’ and add, in their place, the
payment or payments shall amount in the 374 is revised to read as follows: words ‘‘under 49 U.S.C. 40109’’; in the
aggregate to the penalty (face amount) of the
bond, but in no event shall Surety’s
Authority: 15 U.S.C. 1601–1693r; 49 term ‘‘Foreign air carrier permit’’
U.S.C., Subtitle VIII; and 12 CFR 202 and remove the words ‘‘section 402 of the
obligation hereunder exceed the amount of
1026. Act’’ and add, in their place, the words
said penalty.
Surety agrees to furnish written notice to § 374.3 [Amended] ‘‘49 U.S.C. 41301’’; in the term ‘‘Foreign
the Office of International Aviation, aircraft permit’’ remove the words
Department of Transportation, forthwith of ■ 164. In § 374.3, in paragraph (b), in the ‘‘section 1108(b) of the Act’’ and add, in
all suits or claims made and judgments first sentence, remove the words ‘‘12 their place, the words ‘‘49 U.S.C.
rendered, and payments made by Surety CFR part 202’’ and add, in their place, 41703’’.
under this bond. the words ‘‘12 CFR part 1002’’; in the
This bond shall cover the following first sentence, remove the words ‘‘12 § 375.19 [Amended]
Charters: 1 CFR part 226’’ and add, in their place, ■ 171. In § 375.19, remove the words
Surety company’s bond No. llllllll the words ‘‘12 CFR part 1026’’. ‘‘section 1108(b) of the Act’’ each place
Date of flight departure llllllllll it appears, and add, in their place, the
Place of flight departure lllllllll PART 374a—EXTENSION OF CREDIT words ‘‘49 U.S.C. 41703’’.
This bond is effective on the ll day of BY AIRLINES TO FEDERAL POLITICAL
ll, 12:01 a.m., standard time at the address CANDIDATES § 375.33 [Amended]
of Principal as stated herein and as ■ 172. In § 375.33, in the last sentence,
hereinafter provided. Principal or Surety may ■ 165. The authority citation for part
remove the word ‘‘safey’’ and add, in its
at any time terminate this bond by written 374a continues to read as follows:
place, the word ‘‘safety’’.
notice to: U.S. Air Carrier Licensing/Special Authority: 49 U.S.C. chapters 401, 411,
Authorities Division, Office of International 415, and 417. § 375.35 [Amended]
Aviation, U.S. Department of Transportation,
1200 New Jersey Avenue SE, Washington, DC ■ 166. Section 374a.1 is revised to read ■ 173. In § 375.35, in paragraph (a)(2),
20590, such termination to become effective as follows: remove the words ‘‘section 402 permit’’
thirty (30) days after the actual receipt of said and add, in their place, the words
notice by the Department. Surety shall not be § 374a.1 Purpose. ‘‘section 41301 permit’’.
liable hereunder for the payment of any The purpose of this part is to issue
damages hereinbefore described which arise § 375.43 [Amended]
rules pursuant to the Federal Election
as a result of any contracts, agreements, Campaign Act of 1971, as amended, in ■ 174. In § 375.43, in paragraph (e)(1),
undertakings, or arrangements for the accordance with the Department’s remove the words ‘‘Aviation
supplying of transportation and other Operations’’ and add, in their place, the
services made by Principal after the
responsibility thereunder.
words ‘‘International Aviation’’; in
termination of this bond as herein provided, § 374a.3 [Amended] § 375.43, paragraph (a) is revised to read
but such termination shall not affect the as follows:
liability of the bond hereunder for the ■ 167. In § 374a.3, in the term ‘‘Air
payment of any damages arising as a result carrier’’ remove the words ‘‘section 401 § 375.43 Application for foreign aircraft
of contracts, agreements, or arrangements for of the Federal Aviation Act of 1958, as permit.
the supplying of transportation and other amended’’ and add, in their place, the (a) Applications for foreign aircraft
services made by Principal prior to the date words ‘‘49 U.S.C. 41102’’.
that such termination becomes effective.
permits shall be submitted on OST
■ 168. Section 374a.5 is revised to read
Liability of Surety under this bond shall in Form 4509 (Appendix A), in duplicate,
as follows: addressed to the Chief, Foreign Air
all events be limited only to a charter
participant or charter participants who shall § 374a.5 Exemption authority. Carrier Licensing Division, X–45, Office
within sixty (60) days after the termination Air carriers are exempt from the of International Aviation. Applications
of the particular charter described herein give should be submitted by email; see
following provisions of Subtitle VII of
written notice of claim to the charter operator ‘‘Application Procedures under Part
or, if it is unavailable, to Surety, and all Title 49 of the United States Code: (a)
Section 41510, (b) Section 41310, and 375’’ at www.transportation.gov/policy/
liability on this bond shall automatically aviation-policy/licensing/foreign-
terminate sixty (60) days after the any and all other provisions of 49 U.S.C.
termination date of each particular charter Subtitle VII, to the extent necessary to carriers.
covered by this bond except for claims made enable air carriers to comply with the * * * * *
in the time provided herein. provisions of this part.
In witness whereof, the said Principal and § 375.50 [Amended]
Surety have executed this instrument on the PART 375—NAVIGATION OF FOREIGN ■ 175. Amend § 375.50 as follows:
___day of ll 20ll. CIVIL AIRCRAFT WITHIN THE UNITED ■ a. In paragraph (b), in the first
PRINCIPAL STATES sentence, remove the words ‘‘Chief,
Name llllllllllllllllll Discrete Operations Branch, Licensing
By: Signature and title llllllllll ■ 169. The authority citation for part Division, P–45, Office of Aviation
Witness lllllllllllllllll 375 continues to read as follows: Operations’’ and add, in their place, the
SURETY Authority: 49 U.S.C. 40102, 40103, and words ‘‘Chief, Foreign Air Carrier
Name llllllllllllllllll 41703. Licensing Division, X–45, Office of
amozie on DSK3GDR082PROD with PROPOSALS4
By: Signature and title llllllllll International Aviation’’.
Witness lllllllllllllllll § 375.1 [Amended] ■ b. In paragraph (e), remove the words
Only corporations may qualify to act as ■ 170. In § 375.1, remove the term ‘‘section 1108(b) of the Act’’ and add, in
surety and they must meet the requirements ‘‘Act’’; in the term ‘‘Air transportation’’ their place, the words ‘‘section 41703 of
set forth in § 372.24(c) of Part 372. remove the words ‘‘(see section 101 (10) 49 U.S.C.’’.
and (23) of the Federal Aviation Act, 49 ■ c. In paragraph (h), in the first
1 These data may be supplied in an addendum U.S.C. 1301)’’ and add, in their place, sentence, remove the words ‘‘Federal
attached to the bond. the words ‘‘(see 49 U.S.C. 40102 (a)(5) Aviation Act’’ and add, in their place,
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/15.svg)
![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules 21699
the words ‘‘49 U.S.C. Subtitle VII’’; in Act’’ and add, in their place, the words arrival’’ and add, in their place, the
the fourth sentence, remove the words ‘‘49 U.S.C. 41102’’. words ‘‘date of arrival’’.
‘‘section 402 or 416(b) of the Act’’ and
§ 377.10 [Amended] § 380.34 [Amended]
add, in their place, the words ‘‘section
41301 or 41709 of 49 U.S.C.’’. ■ 181. In paragraph(c)(3), remove the ■ 191. In § 380.34, in paragraph (b)(2)(i),
words ‘‘section 402 of the Act and at the end of the paragraph, remove the
§ 375.60 [Amended] exemptions issued under section 416 ’’ words ‘‘credit cared’’ and add, in their
■ 176. Section 375.60 is revised to read and add, in their place, the words place, the words ‘‘credit card’’.
as follows: ‘‘section 41301 of 49 U.S.C. and
exemptions issued under section 41708 PART 380—APPENDIX A AND B
§ 375.60 Penalties. of 49 U.S.C.’’. [AMENDED]
The operation of a foreign aircraft ■ 192. Revise Appendix A and B to part
within the United States or over PART 380—PUBLIC CHARTERS
380 to read as follows:
adjacent territorial waters in violation of ■ 182. The authority citation for part
the provisions of this part constitutes a Appendix A to Part 380—Public
380 continues to read as follows: Charter Operator’s Surety Bond Under
violation of 49 U.S.C. Subtitle VII and
of this chapter, and may, in addition, Authority: 49 U.S.C. 40101, 40102, 40109, Part 380 of the Regulations of the
40113, 41101, 41103, 41301, 41504, 41702, Department of Transportation (14 CFR
constitute a violation of the rules of the 41708, 41712, and 46101.
Federal Aviation Administration. Such Part 380)
operation makes the person or persons ■ 183. Throughout part 380, remove the Know all persons by these presents, that
responsible for the violation or words ‘‘Office of Aviation Analysis’’ we ll(name of charter operator) of ll
violations subject to a civil penalty as and add, in their place, the words (city) ll (state) as Principal (hereinafter
provided in 49 U.S.C. 46301, and to the ‘‘Office of International Aviation’’. called Principal), and ll (name of surety)
alteration, amendment, modification, ■ 184. Throughout part 380, remove the a corporation created and existing under the
words ‘‘Special Authorities Division’’ laws of the State of ll (State) as Surety
suspension or revocation of any permit (hereinafter called Surety) are held and
issued under this part and of any U.S. and add, in their place, the words ‘‘U.S.
firmly bound unto the United States of
certificate involved as provided in 49 Air Carrier Licensing/Special America in the sum of $ll (see 14 CFR
U.S.C. 44709. Engaging in air Authorities Division’’. 380.34) for which payment, well and truly to
transportation as defined in 49 U.S.C § 380.1 [Amended]
be made, we bind ourselves and our heirs,
Subtitle VII by a foreign aircraft without executors, administrators, successors, and
■ 185. In § 380.1, remove the words ‘‘, assigns, jointly and severally, firmly by these
a foreign air carrier permit issued
formerly Title IV of the Federal Aviation presents.
pursuant to 49 U.S.C. 41301 or an
Act of 1958, as amended’’. Whereas Principal intends to become a
exemption, or in violation of the terms Public Charter operator pursuant to the
of such authority constitutes not only a § 380.2 [Amended] provisions of 14 CFR part 380 and other rules
violation of this part but of Title 49, ■ 186. In § 380.2, in the list of and regulations of the Department relating to
subtitle VII, as well, which entails a definitions, the term ‘‘Foreign Public insurance or other security for the protection
criminal penalty as set forth in 49 U.S.C. Charter opertor’’ is revised to read of charter participants, and has elected to file
46316. with the Department of Transportation such
‘‘Foreign Public Charter operator’’. a bond as will insure financial responsibility
PART 377—CONTINUANCE OF § 380.3 [Amended] with respect to all moneys received from
EXPIRED AUTHORIZATIONS BY charter participants for services in
■ 187. In § 380.3, in paragraph (b), connection with a Public Charter to be
OPERATION OF LAW PENDING FINAL remove the word ‘‘and’’ and add, in its operated subject to Part 380 of the
DETERMINATION OF APPLICATIONS place, the word ‘‘through’’. Department’s regulations in accordance with
FOR RENEWAL THEREOF contracts, agreements, or arrangements
§ 380.14 [Amended] therefore, and
■ 177. The authority citation for part ■ 188. In § 380.14, at the beginning of Whereas this bond is written to assure
377 continues to read as follows: the paragraph, remove the word compliance by Principal as an authorized
Authority: 49 U.S.C. Chapters 401 and ‘‘Noting’’ and add, in its place, the word charter operator with 14 CFR part 380 and
461; 5 U.S.C. 558 and 559. ‘‘Nothing’’. other rules and regulations of the Department
relating to insurance and other security for
§ 377.1 [Amended] § 380.15 [Amended] the protection of charter participants, and
178. In § 377.1, in the term shall inure to the benefit of any and all
■ ■ 189. In § 380.15, remove the word
charter participants to whom Principal may
‘‘Authorization’’ remove the words ‘‘Subsititues’’ and add, in its place, the be held legally liable for any damages herein
‘‘sections 101(3), 401, 402, 408, 409, 412 word ‘‘Substitutes’’. described.
and 416 of the Federal Aviation Act of Now, therefore, the condition of this
1958, as amended’’ and add, in their § 380.32 [Amended]
obligation is such that if Principal shall pay
place, the words ‘‘49 U.S.C. 40102, ■ 190. Amend § 380.32 as follows: or cause to be paid to charter participants any
41102, 41302, 41309, and 41708’’. ■ a. In paragraph (j), remove the words sum or sums for which Principal may be held
‘‘That is a charter’’ and add, in their legally liable by reason of Principal’s failure
§ § 377.2, 377.3, 377.4, 377.5, 377.10 and place, the words ‘‘That if a charter’’. faithfully to perform, fulfill and carry out all
377.11 [Amended] ■ b. In paragraph (q), remove the words contracts, agreements, and arrangements
amozie on DSK3GDR082PROD with PROPOSALS4
■ 179. In §§ 377.2, 377.3, 377.4, 377.5, ‘‘That is the operator’’ and add, in their made by Principal while this bond is in effect
place, the words ‘‘That if the operator’’. with respect to the receipt of moneys from
377.10, and 377.11, remove the word
charter participants, and proper
‘‘Board’’ each place it appears, and add, ■ c. In paragraph (t), remove the words
disbursement thereof pursuant to and in
in its place, the word ‘‘Department’’. ‘‘That the participants’’ and add, in their accordance with the provisions of 14 CFR
place, the words ‘‘That the part 380, then this obligation shall be void,
§ § 377.3, 377.4, and 377.10 [Amended] participant’s’’. otherwise to remain in full force and effect.
■ 180. In §§ 377.3, 377.4, and 377.10, ■ d. In paragraph (v), in the second The liability of Surety with respect to any
remove the words ‘‘section 401 of the sentence, remove the words ‘‘date or charter participant shall not exceed the
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/16.svg)
![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules 21701
the trust with respect to participants in a § 385.2 [Amended] (ii) The community concerned does
charter shall automatically terminate sixty ■ 195. In § 385.2, remove the words not object to the carrier’s
days after the termination date of each ‘‘and the Director, Bureau of implementation of the alternate service
particular charter covered by this trust except
Transportation Statistics (BTS)’’. pattern; and
for claims made in the time provided herein.
Sixty-one days after the completion of the (iii) The carrier is not receiving a
§ 385.7 [Amended] subsidy for the service or
last charter covered by this Trust Agreement,
the trust shall automatically terminate except ■ 196. In § 385.7, remove the word implementation of the alternate service
for claims of any Beneficiary or Beneficiaries ‘‘Deputy’’. pattern would not increase the carrier’s
previously made in accordance with this subsidy.
§ 385.12 [Amended]
Agreement still pending on and after said (4) To issue orders adjusting the
sixty-first day. To the extent of such claims, ■ 197. In § 385.12, paragraphs (f), (h),
and (i) are removed; paragraphs (g), (j), operational and/or financial unit rates of
the trust shall continue until those claims are
discharged, dismissed, dropped, or otherwise and (k) are re-designated as paragraphs the payout formula for a carrier
terminated. After all remaining claims which (f), (g), and (h), respectively; and the receiving subsidy under section 41732
are covered by this Trust Agreement pending newly redesignated paragraphs (f), (g) of the Statute where the adjustment will
on and after the said sixty-first day have been and (h) are revised to read as follows: not increase the total amount of
discharged, dismissed, dropped, or otherwise compensation that the carrier will
terminated; Trustee shall convey forthwith § 385.12 Authority of the Director, Office of receive.
the remainder of the trust corpus, if any, to Aviation Analysis (5) To renew, up to five times in
Operator. succession, an order under section
Either Operator or Trustee may at any time
* * * * *
(f) To approve certificates of 41734 of the Statute to an air carrier to
terminate this trust by written notice to:
‘‘U.S. Air Carrier Licensing/Special insurance filed with the Department on continue providing essential air service
Authorities Division, X–44, Office of behalf of U.S. and foreign air carriers in while the Department attempts to find a
International Aviation, U.S. Department of accordance with the provisions of part replacement carrier.
Transportation, 1200 New Jersey Avenue SE, 205 of this chapter. (6) To request service and subsidy
W–86–445, Washington, DC 20590,’’ such (g) With respect to mail rates: proposals from carriers interested in
termination to become effective thirty days (1) To issue show-cause orders providing essential air service to an
after the actual receipt of said notice by the proposing to make modifications of a eligible place.
Department. technical nature in the mail rate formula (7) To issue final orders establishing
In the event of any controversy or claim applicable to temporary or final service
arising hereunder, Trustee shall not be
interim or final subsidy rates under
required to determine same or take any other
mail rate orders. section 41732 or final adjustments of
action with respect thereto, but may await
(2) To issue final orders establishing compensation for continued service
the settlement of such controversy or claim temporary and final service mail rates: under section 41732 in those cases
by final appropriate legal proceedings, and in (i) In those cases where no objection where no objection has been filed to a
such event shall not be liable for interest or has been filed following release of the show-cause order, and where the rates
damages of any kind. show-cause order, and where the rates established are the same as or less than
Any Successor to Trustee by merger, established are the same as those those proposed in the approved show-
consolidation, or otherwise, shall succeed to proposed in the show-cause order; and cause order.
this trusteeship and shall have the powers (ii) In those cases where it is
and obligations set forth in this Agreement.
(8) With respect to provisions for
necessary to make modifications of a terminations, suspensions, or reductions
The trust created under this Agreement technical nature in the rates proposed in
shall be operated and administered under the of service under part 323 of this chapter:
the show-cause order. (i) To require any person who files a
laws of the State of ll.
IN WITNESS WHEREOF, Operator and
(3) To issue final orders amending notice, objection, or answer to supply
Trustee have executed this instrument on the mail rate orders of air carriers to reflect additional information.
date(s) shown below. changes in the names of the carriers (ii) To require service of a notice,
Operator llllll (signature) subject to the orders. objection, or answer upon any person.
(4) To issue a letter, in the case of air
Date llllllllllllllllll (iii) To accept late-filed objections or
mail contracts filed with the Department
Name llllll (typed or printed) answers, upon motion, for good cause
under part 302 of this chapter against
Title llllllllllllllllll shown.
which no complaints have been filed,
Trustee llllll (signature) (iv) To extend the time for filing
stating that the contract will not be
Date llllllllllllllllll objections for answers, when the initial
disapproved by the Department and
Name llllll (typed or printed) notice has been filed earlier than
may become effective immediately.
Title llllllllllllllllll required under § 323.5.
(5) To issue final orders making
quarterly fuel rate adjustments to Alaska (9) To issue final air carrier selection
PART 385—STAFF ASSIGNMENTS orders establishing final subsidy rates
AND REVIEW OF ACTION UNDER bush and mainline mail rates set by the
Department under 49 U.S.C. §§ 41901, for EAS provided under 49 U.S.C.
ASSIGNMENTS 41733:
41902, and 41903.
■ 193. The authority citation for part (h) With respect to essential air (i) Where the compensation to be paid
385 is revised to read as follows: service proceedings: is the same as or less than the existing
(1) To establish procedural dates. rate, and where the community does not
Authority: 49 U.S.C. 329, 40101, 41101,
(2) To issue orders setting interim object to the selected option;
amozie on DSK3GDR082PROD with PROPOSALS4
41301, and 41701.
rates of compensation for carriers (ii) For EAS eligible Alaska
§ 385.1 [Amended] required to provide essential air service. communities, when the subsidy rate to
■ 194. In § 385.1: (3) To issue orders approving a be paid is less than $125,000, and where
■ a. In the term ‘‘Precedent’’ remove the carrier’s alternate service pattern if: the community does not object to the
words ‘‘by the Board’’ and add, in their (i) The resulting level of service at the selected option;
place, the words ‘‘by its predecessor’’. eligible place would be equal to or (iii) In cases where only one air
■ b. In the term ‘‘Reviewing Official’’ greater than the level of service earlier carrier submitted one service or subsidy
remove the word ‘‘Deputy’’. determined to be essential for that place; option.
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/18.svg)
![21702 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules
(10) With respect to provisions for carrier has already been found fit, accordance with current policy or
terminations, suspensions, or reductions willing, and able to provide service of precedent.
of service under part 323 of this chapter: the same basic scope or character; and (cc) With respect to foreign air freight
(i) To require any person who files a (6) Issue orders granting uncontested forwarders:
notice, objection, or answer to supply applications by foreign air carriers to (1) To approve applications for
additional information. provide foreign air transportation where registration, or require that a registrant
(ii) To require service of a notice, the course of action is clear under submit additional information, or reject
objection, or answer upon any person. current policy or precedent. an application for registration for failure
(iii) To accept late-filed objections or * * * * * to comply with part 297 of this chapter.
answers, upon motion, for good cause (r) With respect to International Air (2) To cancel the registration of any
shown. Transport Association (IATA) foreign air freight forwarder or foreign
(iv) To extend the time for filing agreements filed with the Department cooperative shippers association that
objections for answers, when the initial pursuant to sections 41309 and 41308 of files a written notice with the
notice has been filed earlier than the Statute, or agreements filed pursuant Department indicating the
required under § 323.5. to previous statutory authority of the discontinuance of common carrier
(11) To issue procedural orders or Department’s predecessor: activities.
notices in antitrust immunity cases filed (1) Issue orders approving, (3) To exempt the registrant from the
under 14 CFR part 303 with respect to: disapproving, or exempting IATA requirement contained in § 297.20 of
(i) Granting or denying requests for agreements relating to fare and rate this chapter that substantial ownership
adjustments to procedural deadlines matters under section 41309, and and effective control reside in citizens
where there is no objection; granting or denying antitrust immunity of the country that the applicant claims
(ii) Making other adjustments to a under section 41308, where the course as its country of citizenship, where the
procedural schedule where the policy is of action is clear under current policy course of action is clear under current
clear and consistent with precedent; and precedent. precedent or policies.
(iii) Granting parties to a proceeding (dd) With respect to charter
access to confidential documents filed * * * * * operations:
under a request for public non- (z) Issue orders and notices adjusting (1) To grant or deny requests for
disclosure pursuant to 14 CFR 302.12, the Standard Foreign Fare Level to waiver of parts 212, 372, and 380 of this
where providing such access is reflect percentage changes in actual chapter, where grant or denial of the
consistent under current policy and operating costs per available seat mile. request is in accordance with
precedent; and (aa) Issue notices updating the list of established precedent.
(iv) In uncontested proceedings, country-pair markets. (2) To approve or disapprove direct
ordering the filing of additional (bb) With respect to Canadian charter air carrier escrow agreements filed
documents deemed relevant to the air taxi operations: pursuant to part 212 of this chapter.
Department’s consideration of the (1) To approve applications for (3) To reject or accept Public Charter
application, including the filing of registration, or require that a registrant prospectuses filed under part 380 of this
documents for in-camera review, where submit additional information, or reject chapter.
doing so is consistent with past policy an application for registration for failure (4) With respect to the procedures for
and precedent. to comply with part 294 of this chapter. the registration of foreign charter
(2) To cancel, revoke, or suspend the operators under subpart E of part 380 of
§ 385.13 [Amended] registration of any Canadian charter air this chapter:
■ 198. Amend § 385.13 by: taxi operator using small aircraft (i) To approve applications for
■ a. Removing paragraph (b)(4). registered under part 294 of this chapter registration, or require that a registrant
■ b. Redesignating paragraphs (b)(2) and that: submit additional information, or reject
(3) as (b)(3) and (4), respectively. (i) Filed with the Department a an application for registration for failure
■ c. Adding new paragraphs (b)(2), (5) written notice that it is discontinuing to comply with part 380 of this chapter.
and (6). operations; (ii) To notify the applicant that its
■ d. Removing the words ‘‘pursuant to (ii) Is no longer designated by its application will require further analysis
Civil Aeronautics Board Order E–9305 home government to operate the or procedures, or is being referred to the
of June 15, 1955’’ and adding in its services contemplated by its Assistant Secretary for Aviation and
place the words ‘‘agreements filed registration; International Affairs for formal action.
pursuant to previous statutory authority (iii) Holds a foreign air carrier permit (iii) To cancel the registration of a
of the Department’s predecessor’’ in under section 41302 to operate large foreign charter operator if it files a
paragraph (r) introductory text. aircraft charters between the United written notice with the Department that
■ e. Revising paragraph (r)(1). States and Canada; it is discontinuing its charter operations.
■ f. Adding new paragraphs (z)–(dd) to (iv) Fails to keep its filed certificate of (iv) To waive provisions of subpart E
read as follows: insurance current; of part 380 of this chapter.
(v) No longer is substantially owned ■ 199. Revise § 385.14 as follows:
§ 385.13 Authority of the Director, Office of or effectively controlled by persons who
International Aviation. are: § 385.14 Authority of the General Counsel
* * * * * (A) Citizens of Canada; The General Counsel has authority to:
amozie on DSK3GDR082PROD with PROPOSALS4
(b) * * * (B) The Government of Canada; or (a) Issue proposed or final regulations
(2) For general tariff exemptions that (C) A combination of both; or for the purpose of making editorial
apply to all U.S. and foreign air carriers (vi) No longer holds current effective changes or corrections to the
pursuant to 14 CFR part 293. Operations Specifications issued by the Department’s rules and regulations to
* * * * * FAA. carry out Subparts I, II and IV of Part A
(5) Issue orders granting uncontested (3) To grant or deny requests for a of Subtitle VII of the Transportation
applications by U.S. carriers to provide waiver of part 294 of this chapter, where Code at 49 U.S.C. 40101 et seq., with the
foreign air transportation where the grant or denial of the request is in concurrence of the staff offices primarily
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/19.svg)
![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules 21703
responsible for the parts or sections issuance of an appropriate order, letter, Subpart A—General Provisions
involved: Provided, that any final or other transmittal.
regulation so issued shall have an (j) Issue orders denying or granting § 389.1 Policy and scope.
effective date not less than 20 days after conditional or complete confidential Pursuant to the provisions of 31
its date of publication in the Federal treatment of information supplied by U.S.C. 9701, Fees and charges for
Register, and shall include a brief any person to the Office of Aviation Government services and things of
reference to the review procedures Enforcement and Proceedings. value, and as implemented by the Office
established in subpart C of this part. Confidential treatment may only be of Management and Budget’s Circular
(b) Where a petition for review is duly granted upon a finding that, if the A–25, dated July 8, 1993, the
filed, reverse any rulemaking action information were in the Department’s Department sets forth in this regulation
taken pursuant to paragraph (a) of this possession and a Freedom of fees and charges to be paid for the use
section by withdrawing a proposed or Information Act (FOIA) request were of certain services and resources of the
final regulation issued thereunder. Any made for the information: Department as prescribed below.
action taken by the General Counsel, (1) At the time of the confidentiality
pursuant to the authority of this section, request, the FOIA request would be Subpart B—Fees for Special Services
shall not be subject to the review denied on the basis of one or more of § 389.10 Applicability of subpart.
procedures of this part. the FOIA exemptions; and
(c) Issue orders deferring action until (2) At any later time, the FOIA request This subpart describes certain
after oral argument on motions would also be denied, absent a material services and resources made available
submitted by parties subsequent to the change in circumstances (which may by the Department and prescribes the
issuance of an Administrative Law include a demonstration that the fees and charges for those services and
Judge’s initial or recommended asserted exemption does not apply). resources.
decision. § 389.11 Available services and resources.
(d) Reissue existing regulations for the § 385.15 [Removed and Reserved]
purpose of incorporating prior ■ 200. Remove and reserve § 385.15. Upon request and payment of fees as
amendments adopted by the provided in subsequent sections, there
Department. § 385.18 [Amended] are available, with respect to documents
(e) Compromise any civil penalties ■ 201. In § 385.18, remove the words subject to inspection, services as
being imposed in enforcement cases. ‘‘Chief, Coordination Section, follows:
(f) Issue orders initiating and Documentary Services Division’’ and (a) Locating and copying records and
terminating informal nonpublic add in its place the words ‘‘Docket documents;
investigations under part 305 of this Officer, Docket Operations Office’’. (b) Certification of copies of
chapter (Procedural Regulations). documents under seal of the
(g) Issue orders requiring air carriers § 385.19 [Amended] Department; and
to prepare and submit within a specified ■ 202. In § 385.19, remove the words (c) Transcripts of hearings and
reasonable period, special reports, ‘‘Office of Aviation Information’’ proceedings.
copies of agreements, records, accounts, wherever they appear, and add in their
§ 389.12 Payment of fees and charges.
papers, documents, and specific place the words ‘‘Office of Airline
Information’’. The fees charged for services and
answers to questions upon which
resources shall be paid for electronically
information is deemed necessary.
PART 389—FEES AND CHARGES FOR at http://www.pay.gov, a secure
Special reports shall be under oath
SPECIAL SERVICES government-wide collection portal,
whenever the General Counsel so
except for charges for reporting services
requires. ■ 203. Part 389 is revised to read as
(h) Institute and prosecute in the that are performed under competitive
follows: bid contracts with non-Government
proper court, as agent of the
Department, all necessary proceedings PART 389—FEES AND CHARGES FOR firms. Fees for reporting are payable to
for the enforcement of the provisions of SPECIAL SERVICES the firms providing the services.
the act or any rule, regulation, Payments to pay.gov can be made
requirement, or order thereunder, or any Subpart A—General Provisions directly from a bank account or by
term, condition, or limitation of any Sec. credit/debit card.
certificate or permit, and for the 389.1 Policy and scope.
§ 389.13 Fees for services.
punishment of all violations thereof. Subpart B—Fees for Special Services Fees for services and resources
Any action taken by the General 389.10 Applicability of subpart. described in subparts B and C of this
Counsel, pursuant to the authority of 389.11 Available services and resources. part are pursuant to those fees set forth
this section, shall not be subject to the 389.12 Payment of fees and charges. in 49 CFR part 7, subpart F, §§ 7.41—
review procedures of this part. 389.13 Fees for services. 7.43, 7.45 and 7.46.
(i) Make findings regarding the
Subpart C—Filing and Processing License
reasonable necessity for the application Fees Subpart C—Filing and Processing
of the Department’s authority to obtain License Fees
access to lands, buildings, and 389.20 Applicability of subpart.
389.21 Payment of fees. § 389.20 Applicability of subpart.
equipment, and to inspect, examine, 389.22 Failure to make proper payment.
amozie on DSK3GDR082PROD with PROPOSALS4
and make notes and copies of accounts, 389.23 Application for waiver or (a) This subpart applies to the filing
records, memorandums, documents, modification of fees. of certain documents and records with
papers, and correspondence of persons 389.24 Foreign air carriers. the Department by non-government
having control over, or affiliated with, 389.25 Schedule of processing fees. parties, and prescribes fees for their
any person subject to regulation under 389.26 Special rules for tariff page filings. processing.
Subparts I, II, and IV of Part A of 389.27 Refund of fee. (b) For the purpose of this subpart,
Subtitle VII of the Transportation Code Authority: 49 U.S.C. 40113, 40114, 41711; record means an electronic tariff record
at 49 U.S.C. 40101 et seq. through 31 U.S.C. 9701; and 5 U.S.C. 552. submitted to the Department under
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/20.svg)
![21706 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules
charged is withdrawn before final action § 399.4 [Amended] paragraphs (b)(4) and (5) as (b)(2) and
is taken. Such requests shall be filed in ■ 211. In § 399.4, in the third sentence, (3).
accordance with § 389.23. remove the word ‘‘the Act’’ and add, in
its place, the words ‘‘49 U.S.C.’’. § 399.83 [Amended]
PART 398—GUIDELINES FOR
§ 399.35 [Amended]
■ 217. In § 399.83, remove the words
INDIVIDUAL DETERMINATIONS OF
‘‘section 411 of the Act,’’ and add, in
BASIC ESSENTIAL AIR SERVICE ■ 212. Section 399.35 is revised to read
their place, the words ‘‘49 U.S.C.
■ 204. The authority citation for part as follows:
41712’’.
399 continues to read as follows: § 399.35 Special tariff permission.
§ 399.91 [Amended]
Authority: 49 U.S.C. Chapters 401 and 417; The Secretary of Transportation may
Airport and Airway Safety and Capacity approve, under such terms as the ■ 218. Section 399.91 is revised to read
Expansion Act of 1987 (Pub. L. 100–223, Dec. Secretary may require, a carrier’s as follows:
30, 1987).
application for Special Tariff Permission
to file a tariff for foreign air § 399.91 Air carrier participation in
§ 398.11 [Removed]
transportation required under Part 293 programs of technical assistance to airlines
■ 205. Section 398.11 is removed. of less developed countries.
on less than the notice required by
PART 399—STATEMENTS OF Section 41504 (b) of Title 49. (a) Applicability. This policy shall
GENERAL POLICY apply to proceedings under 49 U.S.C.
§ 399.60 [Amended]
■ 206. The authority citation for part 41309 in which the Department is
■ 213. In § 399.60, in paragraph (a), required to make any determination as
399 continues to read as follows: remove the words ‘‘applications under
to the public interest or consistency
Authority: 49 U.S.C. 41712. section 408 of the Act for approval of
with 49 U.S.C. Subtitle VII of any
■ 207. Throughout the part, remove the consolidations or acquisitions of
agreement or relationship sought to be
word ‘‘Board’’ wherever it appears, and control;’’.
entered into by an air carrier, or officer
add, in its place, the word § 399.80 [Amended] or director thereof, with a foreign airline
‘‘Department’’. ■ 214. In § 399.80, in the first paragraph, in connection with the performance of
■ 208. Throughout the part, remove the
remove the word ‘‘(m)’’ and add, in its some activity pursuant to a technical
word ‘‘Board’s’’ wherever it appears,
place, the word ‘‘(n)’’. assistance contract financed by an
and add, in its place, the word
‘‘Department’s’’. agency of the U.S. Government.
§ 399.81 [Amended]
§ § 399.30, 399.31, 399.32, 399.33, 399.34, ■ 215. In § 399.81, in paragraph (c)(1), § 399.120 [Amended]
399.37, 399.40, 399.41, 399.42, 399.43, remove the words ‘‘This section’’ and ■ 219. In § 399.120, remove the words
399.44, 399.63, 399.101, and 399.111 add, in their place, the words
‘‘section 401(d)(8) of the Federal
[Removed] ‘‘Paragraph (c)’’; in paragraph (c)(2),
Aviation Act’’ and add, in their place,
■ 209. Sections 399.30, 399.31, 399.32, remove the words ‘‘this section’’ and
add, in their place, the words the words ‘‘sections 41102 and 41110 of
399.33, 399.34, 399.37, 399.40, 399.41,
‘‘paragraph (c)’’; in paragraph (c)(3), 49 U.S.C.’’.
399.42, 399.43, 399.44, 399.63, 399.101,
and 399.111 are removed. remove the words ‘‘this paragraph’’ and Issued in Washington, DC, on April 17,
add, in their place, the words 2018.
§ 399.2 [Amended] ‘‘paragraph (c)’’. Elaine L. Chao,
■ 210. In § 399.2, in paragraph (c),
§ 399.82 [Amended] Secretary of Transportation.
remove the words ‘‘section 102 of the
[FR Doc. 2018–08683 Filed 5–8–18; 8:45 am]
Act’’ and add, in its place, the words ■ 216. In § 399.82, remove paragraphs
‘‘section 40101 of 49 U.S.C.’’. (b)(2) and (3), and redesignate BILLING CODE 4910–9X–P
amozie on DSK3GDR082PROD with PROPOSALS4
VerDate Sep<11>2014 20:35 May 08, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4701 Sfmt 9990 E:\FR\FM\09MYP4.SGM 09MYP4](https://thefederalregister.org/doc/83_FR_21774/page/23.svg)
Document Created: 2018-05-09 03:18:16
Document Modified: 2018-05-09 03:18:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of Proposed Rulemaking (NPRM). | |
| Dates | Comments must be received on or before July 9, 2018. Comments received after this date will be considered to the extent practicable. | |
| Contact | Jill Laptosky or Jennifer Abdul-Wali, Office of Regulation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; (202) 366-4723; fax: (202) 366- 9313; email: [email protected] or [email protected] | |
| FR Citation | 83 FR 21684 | |
| RIN Number | 2105-AD86 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR