AGENCY:

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

ACTION:

Final rule.

SUMMARY:

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regarding its aviation economic regulations to eliminate any further remaining obsolete provisions and correct outdated statutory references.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retrospective regulatory review initiatives to modify, streamline, or repeal regulations that are obsolete or out-of-date.

DATES:

This final rule is effective May 16, 2019.

ADDRESSES:

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

FOR FURTHER INFORMATION CONTACT:

Jill Laptosky or Jennifer Abdul-Wali, Office of Regulation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; (202) 366-4723; fax: (202) 366-9313; email: Jill.Laptosky@dot.gov or Jennifer.AbdulWali@dot.gov.

SUPPLEMENTARY INFORMATION:

I. Background

II. Discussion of the Final Rule

III. Comment Discussion

IV. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

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

C. Regulatory Flexibility Act

D. Executive Order 13132 (Federalism)

E. Executive Order 13175

F. Paperwork Reduction Act

G. National Enviromental Policy Act

List of Subjects

The Amendment

I. Background

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

II. Discussion of the Final Rule

This rule updates the regulatory language throughout 14 CFR parts 200 through 399 in the following ways: (1) Where references to the CAB are no longer relevant, replaces the term “Board” or “CAB”, where appropriate, with “Department”, “DOT” or “Predecessor”; (2) removes citations to the “Federal Aviation Act” or “Act” and adds citations to the appropriate sections of Title 49 of the United States Code; (3) inserts current names of forms in place of outdated references to CAB forms; (4) adds up-to-date titles for offices within the Department; and (5) updates the authority citations, where needed.

Additional changes are as follows:

Part 204 describes the data the Department uses to support carrier fitness determinations. Section 204.4 discusses carrier obligations for proposing to provide essential air service. The section is no longer in use and is obsolete. As such, the section is removed in its entirety.

Parts 207 and 208 address U.S. scheduled and charter air carrier requirements with respect to charter trips. Both parts refer to 14 CFR part 212 in describing carrier obligations on charter air transportation and contain no independent obligations of their own. As such, these parts are obsolete and are removed.

Part 221 describes carrier obligations with respect to tariffs. This rule revises part 221 by broadening the language used to refer to international treaties. The current regulation refers to the Warsaw Convention, which is no longer the relevant international treaty applicable to travelers on many itineraries. The rule updates and simplifies existing passenger notification requirements and consolidates such requirements into a single section. Specifically, the rule consolidates separate notice requirements for liability from death or injury and liability from damage to baggage into a single notice requirement that better reflects the current international landscape, including references to the 1999 Montreal Convention, which governs many international itineraries originating or terminating in the United States. Currently, a carrier's liability can be limited under the 1999 Montreal Convention to 4,694 SDR for damages caused by the delay of passengers and 1,131 SDR for damages resulting from the destruction, loss, damage, or delay of baggage. This rule removes references to agreements approved by CAB order. Carriers are provided until December 31, 2019, to comply with the signage requirements of this part, while compliance with the ticket notification changes is required on the effective date of this final rule. Airlines for America recommends that current stocks of paper notices be allowed to be used until exhausted. However, the change in liability amounts occurred in 2009 and we do not believe carriers still have significant stocks of paper notices with outdated information. See Inflation Adjustments to Liability Limits Governed by the Montreal Convention Effective December 30, 2009, 74 FR 59017 (Nov. 16, 2009). Moreover, the Department has consistently required that paper and e-ticket notices used to inform consumers of their rights and airline policies regarding such liability provide accurate information. Accordingly, we do not believe it is appropriate to allow airlines to continue to distribute inaccurate paper notices to the extent any are doing so.

Part 223 sets forth rules regarding free and reduced-rate transportation. This rule updates part 223 by removing references to specific sections of the “Act” such as “under section 408 of the Act.” Additionally, in § 223.1, the term “handicapped passenger” is used to describe a person with a disability. However, under the Americans with Disabilities Act (ADA), the current practice is to use “person-first” terminology (e.g., changes “handicapped person” to “person with a disability”). Where applicable, as the Department reviews its regulations, the term “handicapped” is replaced with the person-first terminology in alignment with the ADA. This rule removes the term “Handicapped passenger” and replaces it with the term “passenger with a disability.”

Part 232 established procedures for a party aggrieved by an order of the Postmaster General to request a review by DOT. In 2008, amendments to 49 U.S.C. 41902 removed from the statute the authority for the Secretary of Transportation to amend, modify, suspend, or cancel an order of the Postal Service (Pub. L. 110-405, Jan. 4, 2008). Accordingly, the statutory basis for part 232 regulations no longer exists and part 232 is removed.

Part 234 describes the requirements for filing airline service quality performance reports. The existing citation of authorities for this part contains an error. This rule corrects the error.

Part 241 describes a uniform system of accounts and reports for large carriers. This rule removes section 01 of part 241 which restated outdated statutory text and could lead to confusion if retained.

Part 272 established essential air service procedures for the Freely Associated States comprising the Federated States of Micronesia (Ponape, Truk and Yap), the Marshall Islands (Majuro and Kwajalein), and Koror in Palau. The procedures include requirements for airlines to file notice before suspending service, an obligation to continue to provide service when subsidy is available, and carrier-selection criteria. Section 272.12 states, “These provisions shall terminate on October 1, 1998, unless the essential air service program to the Federated States of Micronesia, the Marshall Islands and Palau is specifically extended by Congress.” Congress did not extend the program (Pub. L. 101-219, Sec. 110(b), (Dec.12,1989)). Thus, the statutory basis for the regulation no longer exists and part 272 is removed.

Part 300 sets forth the rules of conduct in DOT proceedings involving aviation economic and enforcement matters. Many of these rules set forth standards of ethical conduct applicable to DOT employees with respect to aviation economic matters. DOT employees are also subject to the ethics requirements of 49 CFR 99.735-1. In order to reduce the duplicative nature of both sets of ethics requirements and to minimize the potential for confusion over such requirements, several sections of part 300 are removed under this rule. The resulting regulations ensures consistent ethical standards across all employees of the agency.

Part 302 sets forth the Rules of Practice in Proceedings before the DOT. Part 305 describes the Rules of Practice for Informal Nonpublic Investigations undertaken by the Office of Aviation Enforcement and Proceedings. Part 385 sets forth the authorities and functions of various DOT officials. On August 17, 2012, the Department issued an extensive revision to 49 CFR part 1 (Organization and Delegation of Powers and Duties) [77 FR 49965]. The Department is revising parts 302, 305, and 385 to reflect the changes set forth in the revision to part 1.

Part 330 established procedures implementing the airline compensation section of the Air Transportation Safety and System Stabilization Act, which was enacted following the terrorist attacks of September 11, 2001, Public Law 107-42, (Sept. 22, 2001) (the Stabilization Act). Section 103 of the Stabilization Act appropriated up to $5 billion, to be administered by the Department of Transportation, to compensate air carriers for losses they incurred due to the attacks. Part 330 set out carrier eligibility criteria; forms for applying for the compensation payments; details on types of losses that would and would not be eligible for compensation; audit procedures; and details on a set-aside program for certain air taxis, commuter carriers, and other small carriers. Of the 427 applications processed, 407 applicants were deemed eligible under part 330. These carriers received payments in a total amount of $4.6 billion. All eligible appropriations were completed and payments processed and paid, and all functions and responsibilities under this section were fulfilled. As a result, part 330 serves no further purpose and is removed.

Part 374 specifies the Department's responsibility for enforcing air carrier and foreign air carrier compliance with the applicable requirements of the Consumer Credit Protection Act. This rule revises part 374 by updating the language in § 374.3 regarding references to Regulation B, 12 CFR part 202, and Regulation Z, 12 CFR part 226. Enforcement responsibility for parts 202 and 226 has been divided and reassigned among Federal government agencies. Accordingly, the language in § 374.3 is revised to reference the current applicable regulations, 12 CFR part 1026.

Part 380 is applicable to public charter air transportation in interstate or foreign air transportation. This rule revises part 380 by updating appendices A and B. Part 380 sets forth the Department's rules governing Public Charter air transportation of passengers whether furnished by direct air carriers or Public Charter Operators. Appendices A and B to part 380, respectively, contain the format for the Public Charter Operator's Surety Bond and the Public Charter Surety Trust Agreement. Since the existing appendices A and B to part 380 were published in 1998, various changes have been made to both documents. Therefore, appendices A and B is updated to provide the most current format for the Public Charter Operator's Surety Bond and the Public Charter Surety Trust Agreement.

In part 385, the Secretary of Transportation delegates certain continuing assignments of authority to Secretarial Officers regarding the Department's functions of issuing orders or other determinations pursuant to 49 U.S.C. 322 and 49 CFR part 1. The Secretary determined that several of the items currently prepared for decision at the Assistant Secretary level could be handled more efficiently at the Office Director level, thereby providing more time for the Assistant Secretary and immediate secretarial staff to concentrate on controversial and policy-sensitive issues. This action ensures that routine items are processed in a much more timely and efficient manner. Thus, this rulemaking amends §§ 385.12 and 385.13 to reflect the expanded assignments of authority to the Director of the Office of Aviation Analysis and the Director of the Office of International Aviation, both in the Office of the Assistant Secretary for Aviation and International Affairs.

Section 385.12 defines the authority of the Director of the Office of Aviation Analysis. This rule authorizes the Director to issue Essential Air Service (EAS) Requests for Proposals and certain final EAS selection orders. This expanded delegation alone relieves the Assistant Secretary for Aviation and International Affairs of reviewing nearly sixty orders per year, saving over three hundred (300) hours of senior management time and approximately one hundred twenty (120) hours of staff time in the Office of Aviation Analysis. This rule expands the Director's authority to issue quarterly fuel rate adjustments to Alaskan bush and mainline mail rates and to issue certain procedural orders in antitrust immunity cases processed under 49 U.S.C. 41308 and 41309. This rule also removes paragraphs (f), (h), and (i) of § 385.12, as these requirements are placed under the authority of the Director of the Office of International Aviation in § 385.13. Accordingly, paragraphs (g), (j), and (k) are re-designated.

Section 385.13 defines the authority of the Director of the Office of International Aviation. This rule amends paragraph (a) of § 385.13 to grant the Director the authority to issue final orders on uncontested tariff exemptions. This rulemaking also amends paragraph (b) to authorize the Director to issue final orders on uncontested applications for U.S. carrier certificate and foreign air carrier permit authority. Further, this action adds two new subsections regarding fares and tariffs and amends § 385.13(r)(1) to give the Director the authority to exempt IATA ^[1] agreements under section 41309; this is in addition to the Director's existing authority to approve or disapprove such agreements. This rule also adds new paragraphs (z) through (dd) that: (1) Authorize the Director to issue orders and notices adjusting the Standard Foreign Fare Level; (2) authorize the Director to issue notices updating the list of country-pair markets in tariff-filing categories under part 293 of this chapter; (3) give the Director assigned authority as to certain matters processed by the Office of International Aviation's U.S. Air Carrier Licensing/Special Authorities Division; and (4) add requirements moved from § 385.12(f), (h), and (i).

Sections 385.14 and 385.15 define the authority of the General Counsel and Deputy General Counsel, respectively. Consistent with the delegation of duties assigned in 49 CFR part 1, as revised on August 16, 2012, by 77 FR 49964, the Secretary assigned several duties to the General Counsel. Sections 385.14 and 385.15 are revised to reflect this assignment of duties. This rule removes § 385.15 and transfers its functions to § 385.14.

Part 389 describes fees and charges for special services. This rule amends part 389 by (1) removing references to organizations and position titles that no longer exist and replacing them with references to appropriate organizations and positions, (2) correcting the filing fees charged for special services to reflect a recent rulemaking action, (3) allowing for payment of filing fees using the internet, and (4) revising the descriptions of licenses for which the Department charges filing fees.

Part 398 establishes guidelines for the determination of basic essential air service. The Department amends part 398 by removing an outdated provision for funding reductions in § 398.11. Section 398.11 was superseded by Public Law 106-69, Title III, section 332, October 9, 1999, 113 Stat. 1022.

Part 399, subpart C, sets forth the Department's policies related to rates and tariffs. This rulemaking action removes fourteen sections from this subpart (§§ 399.30, 399.31, 399.32, 399.33, 399.34, 399.37, 399.40, 399.41, 399.42, 399.43, 399.44, 399.63, 399.101, and 399.111). These sections are obsolete because of the Airline Deregulation Act of 1978 and the Civil Aeronautics Board Sunset Act of 1984.

While not originally proposed in the notice of proposed rulemaking (NPRM) published on May 9, 2018 (83 FR 21684), this final rule also updates the section reference for the definition of small aircraft found in § 399.73 from “§ 298.3” to “§ 298.2”. Under the Administrative Procedure Act, an agency may waive the normal notice and comment procedures if the agency, for good cause, finds that those procedures are impracticable, unnecessary, or contrary to the public interest. See 5 U.S.C. 553(b)(B). Since this amendment is merely a minor technical correction, notice and comment are unnecessary.

III. Comment Discussion

OST received two comments in response to the NPRM and is adopting one drafting correction and a change in characterization of the coverage limits of the Montreal Convention that were proposed in the Airlines 4 America (A4A) comment. The second comment was filed by the International Air Transport Association (IATA).

The Department appreciates the constructive input by both commenters. However, as this rulemaking is intended as an administrative “clean-up” action, the majority of the IATA and A4A comments propose policy changes to the Department's regulations that were not contemplated in the NPRM underlying this final rule. Because the changes requested by the commenters are outside the scope of the NPRM, the Department declines to adopt them as part of this final rule. However, the Department will continue to consider them as we review our existing regulations as announced in an October 2, 2017, Notification of Regulatory Review (82 FR 45750).

OST is also adopting an additional, minor modification to a reference in § 399.73, as noted above. These changes are described further in the Discussion of the Final Rule section above.

IV. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

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

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

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

C. Regulatory Flexibility Act

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

D. Executive Order 13132 (Federalism)

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

E. Executive Order 13175

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

F. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.) requires that DOT consider the impact of paperwork and other information collection burdens imposed on the public and, under the provisions of PRA section 3507(d), obtain approval from the Office of Management and Budget (OMB) for each collection of information it conducts, sponsors, or requires through regulations. The DOT has determined there are no new information collection requirements associated with this final rule.

G. National Environmental Policy Act

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

List of Subjects

14 CFR Part 200

• Air transportation

14 CFR Part 201

• Air carriers
• Reporting and recordkeeping requirements

14 CFR Part 203

• Air carriers
• Air transportation
• Foreign relations
• Insurance
• Reporting and recordkeeping requirements

14 CFR Part 204

• Air carriers
• Reporting and recordkeeping requirements

14 CFR Part 205

• Air carriers
• Freight
• Insurance
• Reporting and recordkeeping requirements

14 CFR Part 207

• Air carriers
• Charter flights

14 CFR Part 208

• Air carriers
• Charter flights

14 CFR Part 211

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

14 CFR Part 212

• Charter flights
• Confidential business information
• Reporting and recordkeeping requirements
• Surety bonds

14 CFR Part 214

• Air carriers
• Charter flights

14 CFR Part 215

• Air carriers
• Reporting and recordkeeping requirements
• Trade names

14 CFR Part 216

• Air carriers

14 CFR Part 217

• Air carriers
• Reporting and recordkeeping requirements

14 CFR Part 218

• Air carriers
• Aircraft
• Airmen

14 CFR Part 221

• Air rates and fares
• Freight
• Reporting and recordkeeping requirements

14 CFR Part 222

• Air carriers
• Freight
• Intermodal transportation
• Reporting and recordkeeping requirements

14 CFR Part 223

• Air rates and fares
• Government employees
• Reporting and recordkeeping requirements

14 CFR Part 232

• Administrative practice and procedure
• Air carriers
• Postal Service

14 CFR Part 234

• Air carriers
• Consumer protection
• Reporting and recordkeeping requirements

14 CFR Part 240

• Air carriers
• Uniform System of Accounts

14 CFR Part 241

• Air carriers
• Reporting and recordkeeping requirements
• Uniform System of Accounts

14 CFR Part 243

• Air carriers
• Aircraft
• Charter flights
• Reporting and recordkeeping requirements

14 CFR Part 247

• Air carriers
• Airports

14 CFR Part 248

• Air carriers
• Reporting and recordkeeping requirements
• Uniform System of Accounts

14 CFR Part 249

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

14 CFR Part 253

• Air carriers
• Consumer protection

14 CFR Part 257

• Air carriers
• Air rates and fares
• Consumer protection
• Reporting and recordkeeping requirements

14 CFR Part 258

• Air carriers
• Consumer protection
• Reporting and recordkeeping requirements

14 CFR Part 271

• Air carriers
• Grant programs-transportation

14 CFR Part 272

• Air carriers
• Grant programs-transportation
• Pacific Islands Trust Territory

14 CFR Part 291

• Administrative practice and procedure
• Air carriers
• Freight
• Reporting and recordkeeping requirements

14 CFR Part 294

• Air taxis
• Canada
• Charter flights
• Reporting and recordkeeping requirements

14 CFR Part 296

• Air carriers
• Freight forwarders
• Research

14 CFR Part 297

• Air carriers
• Freight forwarders

14 CFR Part 298

• Air taxis
• Reporting and recordkeeping requirements

14 CFR Part 300

• Administrative practice and procedure
• Conflict of interests

14 CFR Part 302

• Administrative practice and procedure
• Air carriers
• Airports
• Postal Service

14 CFR Part 303

• Administrative practice and procedure
• Air carriers
• Antitrust
• Reporting and recordkeeping requirements

14 CFR Part 305

• Administrative practice and procedure
• Air carriers
• Investigations

14 CFR Part 323

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

14 CFR Part 325

• Administrative practice and procedure
• Air transportation,

14 CFR Part 330

• Administrative practice and procedure
• Air carriers
• Grant programs-transportation

• Reporting and recordkeeping requirements

14 CFR Part 372

• Charter flights
• Military air transportation
• Reporting and recordkeeping requirements
• Surety bonds

14 CFR Part 374

• Air carriers
• Consumer protection
• Credit

14 CFR Part 374a

• Air carriers
• Credit
• Political candidates
• Reporting and recordkeeping requirements

14 CFR Part 375

• Administrative practice and procedure
• Aircraft
• Foreign relations
• Reporting and recordkeeping requirements

14 CFR Part 377

• Administrative practice and procedure
• Air carriers

14 CFR Part 380

• Charter flights
• Reporting and recordkeeping requirements
• Surety bonds

14 CFR Part 385

• Organization and functions (Government agencies)

14 CFR Part 389

• Administrative practice and procedure
• Reporting and recordkeeping requirements

14 CFR Part 398

• Air transportation

14 CFR Part 399

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

The Amendment

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

PART 200—DEFINITIONS AND INSTRUCTIONS

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

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

2. Section 200.1 is revised to read as follows:

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

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

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

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

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

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

7. In § 201.7(e), remove the words “Office of Aviation Analysis” and add in their place the words “Office of International Aviation”.

PART 203—WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES

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

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

9. Section 203.3 is revised to read as follows:

10. Amend § 203.4 as follows:

a. In paragraph (a), remove the words “Tariffs Division” and add in their place the words “Pricing and Multilateral Affairs Division”.

b. In paragraph (b), remove the reference “§ 221.175” and add in its place the reference “§ 221.105”.

PART 204—DATA TO SUPPORT FITNESS DETERMINATIONS

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

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

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

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

14. Section 204.4 is removed and reserved.

15. Amend § 204.5 as follows:

a. In paragraph (c), remove the words “Washington, DC 20590, or by electronic submission at http://dms.dot.gov. and add in their place the words “1200 New Jersey Avenue SE, Washington, DC 20590, or by electronic submission at http://www.regulations.gov.

b. In paragraph (d), remove the words “Washington, DC 20590.” and add in their place the words “1200 New Jersey Avenue SE, Washington, DC 20590.”

16. In § 204.7(b), remove the words “Documentary Services Division, Department of Transportation” and add in their place the words “Docket Operations Office, U.S. Department of Transportation.”

PART 205—AIRCRAFT ACCIDENT LIABILITY INSURANCE

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

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

18. In § 205.4(a), remove the reference “ http://ostpxweb.dot.gov and add in its place “https://www.transportation.gov/​policy/​aviation-policy/​licensing/​US-carriers”.

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

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

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

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

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

PART 207—[REMOVED]

22. Part 207 is removed.

PART 208—[REMOVED]

23. Part 208 is removed.

PART 211—APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS

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

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

25. In § 211.2(b), remove the words “subpart F” and add in their place the words “subpart E”.

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

27. In § 211.31(d), remove the period and add in its place “; and”.

28. In § 211.32, remove the words “section 801(a) of the Federal Aviation Act” and add in their place “ 49 U.S.C. 41307”.

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

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

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

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

31. In § 212.10(e)(1), remove the words “part in interest” and add in their place the word “person”.

32. In § 212.11(b)(1), remove the words “authority sought to covered” and add in their place the words “authority sought is covered”.

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

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

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

34. In § 213.1, remove “This regulation” and add in its place “This part”.

35. In § 213.2, remove “Rule 14 of part 302” and add in its place “§ 302.14 of this chapter (Rule 14 of part 302)”.

36. In § 213.5(c), remove “Rule 14 of part 302 of this chapter” and add in its place “§ 302.14 of this chapter (Rule 14 of part 302)”.

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

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

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

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

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

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

39. Section 215.1 is revised to read as follows:

40. Amend § 215.4 as follows:

a. In paragraph (a), remove the words “Licensing Division” and add in their place the words “Foreign Air Carrier Licensing Division”.

b. In paragraph (b), remove “Docket 17325” and add in its place “Docket DOT-OST-1995-236.”

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

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

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

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

43. Amend § 216.1 as follows:

a. In paragraph (a), remove the definition for “Act”.

b. In paragraph (b), remove the words “section 101 of the Act” and add in their place “49.U.S.C. 40102”.

44. In § 216.3, remove the words “section 402 of the Act” and add in their place “ 49 U.S.C. 41301”.

45. In § 216.4(a), remove the words “Director, Bureau of International Aviation” and add in their place the words “Director, Office of International Aviation”.

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

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

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

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

48. In § 217.5, remove “the appendix to § 217.10 of this part” everywhere it appears and add in its place “appendix A of this part”.

49. In § 217.6(a), remove “the appendix to § 217.10 of this part” and add in its place “appendix A of this part”.

50. In § 217.6, remove “the Appendix to § 217.10 of this part” and add in its place “appendix A of this part”.

51. Amend § 217.10 as follows:

a. Remove “the appendix to this section” and add in its place “appendix A to this part”.

b. Remove the appendix to the section.

52. In § 217.11(b), remove the words “subject to a maximum fine of $10,000 or imprisonment for not more than 5 years, or both,”.

53. Add appendix A to read as follows:

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

(a) General instructions.

(1) Description. Form 41 Schedule T-100(f) provides flight stage data covering both passenger/cargo and all cargo operations in scheduled and nonscheduled services. The schedule is used to report all flights which serve points in the United States or its territories as defined in this part.

(2) Applicability. Each foreign air carrier holding a section 41302 permit or exemption authority shall file Schedule T-100(f).

(3) Reports required by this section shall be submitted to the Bureau of Transportation Statistics in a format specified in accounting and reporting directives issued by the Bureau of Transportation Statistics' Director of Airline Information.

(4) Filing period. Form 41 Schedule T-100(f) shall be filed monthly and is due at the Department thirty (30) days following the end of the reporting month to which the data are applicable.

(b) Preparation of Form 41 Schedule T-100(f):

(1) Explanation of nonstop segments and on-flight markets. There are two basic categories of data, one pertaining to nonstop segments and the other pertaining to on-flight markets. For example, the routing (A-B-C-D) consists of three nonstop segment records A-B, B-C, and C-D, and six on-flight market records A-B, A-C, A-D, B-C, B-D, and C-D.

(2) Guidelines for reporting a nonstop segment. A nonstop segment is reported when one or both points are in the United States or its territories. These data shall be merged with that for all of the other reportable nonstop operations over the same segment. Nonstop segment data must be summarized by aircraft type, under paragraph (h)(1) of this appendix, and class of service, paragraph (g)(1)(v) of this appendix.

(3) Rules for determining a reportable on-flight market. On-flight markets are reportable when one or both points are within the U.S., with the following exceptions: (i) Do not report third country to U.S. markets resulting from flight itineraries which serve a third country prior to a homeland point in flights passing through the homeland bound for the U.S.; and (ii) do not report U.S. to third country markets resulting from itineraries serving third country points subsequent to a homeland point in flights outbound from the U.S. and passing through the homeland. In reporting data pertaining to these two exceptions, the traffic moving to or from the U.S. relating to the applicable prior or subsequent third countries (referred to as “behind” or “beyond” traffic) is to be combined with the applicable foreign homeland gateway point, just as though the traffic were actually enplaned or deplaned at the homeland gateway, without disclosure of the actual prior or subsequent points. Applicable flights are illustrated in examples (6) and (7) under paragraph (c) of this appendix.

(c) Examples of flights. Following are some typical flight itineraries that show the reportable nonstop segment and on-flight market entries. The carrier's homeland is the key factor in determining which on-flight markets are reportable.

(1) SQ flight # 11 LAX—NRT—SIN. This is an example of a flight with an intermediate foreign country. It is not necessary to report anything on the NRT—SIN leg.

SQ—Singapore Airlines

LAX—Los Angeles, USA

NRT—Tokyo-Narita, Japan

SIN—Singapore, Singapore

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

SQ—Singapore Airlines

LAX—Los Angeles, USA

HNL—Honolulu, USA

TPE—Taipei, Taiwan

SIN—Singapore, Singapore

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

LB—Lloyd Aero Boliviano

LPB—La Paz, Bolivia

VVI—Santa Cruz-Viru Viru, Bolivia

MAO—Manaus, Brazil

CCS—Caracas, Venezuela

MIA—Miami, USA

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

LY—El Al Israel Airlines

TLV—Tel Aviv, Israel

AMS—Amsterdam, Netherlands

ORD—Chicago, USA

LAX—Los Angeles, USA

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

QF—Qantas Airways (Australia)

SYD—Sydney, Australia

BNE—Brisbane, Australia

CNS—Cairns, Australia

HNL—Honolulu, USA

YVR—Vancouver, Canada

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

JL—Japan Air Lines

HKG—Hong Kong, Hong Kong

NRT—Tokyo-Narita, Japan

SFO—San Francisco, USA

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

JL—Japan Air Lines

SFO—San Francisco, USA

NRT—Tokyo-Narita, Japan

HKG—Hong Kong, Hong Kong

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

BA—British Airways

LHR—London, England

ANC—Anchorage, USA

NRT—Tokyo-Narita, Japan

OSA—Osaka, Japan

(d) Provisions to reduce paperwork:

(1) Nonstop Segment Entries. The flight stage data applicable to nonstop segment entries must be summarized to create totals by aircraft equipment type, within service class, within pairs-of-points.

(2) On-flight Market Entries. The applicable on-flight market entries shall be summarized to create totals by service class within pair-of-points.

(e) Preparation of Schedule T-100 (f):

(1) Section A—Indicative and flight pattern information. A copy of Schedule T-100(f) is shown at the end of this appendix. Section A defines the origin and destination points and the service class code to which the nonstop segment data in Section B and the on-flight market data in Section C are applicable. Section A information, along with the carrier code and report date, must be included on each schedule.

(2) Section B—Nonstop segment information. Section B of the schedule is used for reporting nonstop segment information by aircraft type. To reduce the number of schedules reported, space is provided for including data on multiple different aircraft types. Similarly, the on-flight market section has been included on a single Schedule T-100(f), along with the nonstop segment data, rather than on a separate schedule.

(3) Section C—On-flight market information. Section C of the schedule is used for reporting on-flight market data. There will always be an on-flight market that corresponds to the nonstop segment. Because the on-flight market data are reported at the service class level rather than by aircraft type, a specific flight may produce more on-flight markets than nonstop segments, (see examples in paragraph (c) of this appendix), resulting in data reported in sections A and C only.

(f) [Reserved]

(g) Data element definitions:

(1) Service pattern information.

(i) Line A-1 Carrier code. Use the carrier code established by the Department. This code is provided to each carrier in the initial reporting letter from the Office of Airline Information (OAI). If there are any questions about these codes, contact the OAI Data Administration Division at the address in paragraph (a)(3) of this appendix.

(ii) Line A-2 Report date. This is the year and month to which the data are applicable. For example, 200009 indicates the year 2000, and the month of September.

(iii) Line A-3 Origin airport code. This is the departure airport, where an aircraft begins a flight segment, and where the passengers originate in an on-flight market. Use the 3-letter code from the City/Airport Codes section of the Official Airline Guide Worldwide Edition. If no 3-letter code is available, OAI will assign one; the address is in paragraph (a)(3) of this appendix.

(iv) Line A-4 Destination airport code. This is the arrival airport, where an aircraft stops on a flight segment, and where passengers deplane (get off the flight) after reaching their destination in a market. Use the 3-letter code from the source described in paragraph (g)(1)(iii) of this appendix.

(v) Line A-5 Service class code. Select one of the following single letter codes which describes the type of service being reported on a given flight operation.

F = Scheduled Passenger/cargo Service

G = Scheduled All-cargo Service

L = Nonscheduled Civilian Passenger/Cargo Charter

P = Nonscheduled Civilian All-Cargo Charter

Q = Nonscheduled Services (Other than Charter)

(2) Nonstop segment information:

(i) Line B-1 Aircraft type code. Use the four digit numeric code prescribed in paragraph (h)(1) of this appendix. If no aircraft type code is available, OAI will assign one. The address is in paragraph (a)(3) of this appendix.

(ii) Line B-2 Aircraft departures performed. This is the total number of physical departures performed with a given aircraft type, within service class and pair-of-points.

(iii) Line B-3 Revenue passengers transported. This is the total number of revenue passengers transported on a given nonstop segment. It represents the total number of revenue passengers on board over the segment without regard to their actual point of enplanement.

(iv) Line B-4 Revenue freight transported. This item is the total weight in kilograms (kg) of the revenue freight transported on a given nonstop segment without regard to its actual point of enplanement.

(3) On-flight market information:

(i) Line C-1 Total revenue passengers in market. This item represents the total number of revenue passengers, within service class, that were enplaned at the origin airport and deplaned at the destination airport.

(ii) Line C-2 Total revenue freight in market. This item represents the total weight in kilograms (kg) of revenue freight enplaned at the origin and deplaned at the destination airport.

(h) [Reserved]

(i) Joint Service.

(1) The Department may authorize joint service operations between two direct air carriers. Examples of these joint service operations are:

Blocked-space agreements;

Part-charter agreements;

Code-sharing agreements;

Wet-lease agreements, and similar arrangements.

(2) Joint-service operations shall be reported on BTS Form 41 Schedules T-100 and T-100(f) by the air carrier in operational control of the flight, i.e., the air carrier that uses its flight crew to perform the operation. If there are questions about reporting a joint-service operation, contact the BTS Assistant Director—Airline Information at the address in paragraph (a)(3) of this appendix.

(j) [Reserved]

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

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

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

55. In § 218.2, remove the words “section 402 of the Act” and add in their place “ 49 U.S.C. 41301”.

56. Amend § 218.3 as follows:

a. In paragraph (a)(1), remove the words “section 402 of the Act” and add in their place “ 49 U.S.C. 41301”.

b. In paragraph (a)(2), remove the words “section 416 of the Act” and add in their place “ 49 U.S.C. 40109”.

c. In paragraphs (a)(2) and (3), remove the word “Board” and add in its place the word “Department”.

57. In § 218.5, remove the word “Board” each place it appears and add in its place the word “Department”.

58. In § 218.6, remove the word “Board” and add in its place the word “Department”.

PART 221—TARIFFS

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

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

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

61. In § 221.3, remove the definitions for “Department” and “Statute”.

62. Section 221.105 is revised to read as follows:

63. Section 221.106 is removed and reserved.

PART 222—INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS

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

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

65. In § 222.2(a) and (d), remove the word “Board” each place it appears and add in its place the word “Department”.

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

67. Amend § 222.4 as follows:

a. In paragraph (a) introductory text, remove the word “Board” and add in its place the word “Department”.

b. In paragraph (a)(1), remove “CAB Form 222” and “Form 222” and add in their place “OST Form 4500” and “Form 4500”, respectively.

c. In paragraph (b), remove the word “Board's” and add in its place the word “Department's”.

68. In § 222.5, remove the word “Board” each place it appears and add in its place the word “Department”.

Appendix A to Part 222 [REMOVED]

69. Appendix A to part 222 is removed.

PART 223—FREE AND REDUCED-RATE TRANSPORTATION

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

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

71. Section 223.1 is revised to read as follows:

72. In § 223.2, remove the words “section 401 of the Act” everywhere they appear and add in their place “ 49 U.S.C. 41102”.

73. In § 223.6(c), remove the word “Board” and add in its place the word “Department”.

74. In § 223.21(a), remove the words “section 403(b) of the Act” and add in their place “ 49 U.S.C. 41511”.

75. In § 223.22:

a. In the introductory text, remove the words “sections 403 and 404(b) of the Act” and add in their place “ 49 U.S.C. 41510 and 41310(b)”.

b. In paragraphs (b) introductory text and (b)(1), remove the word “Board” and add in its place the word “Department”.

76. In § 223.23(a), remove the word “Board” and add in its place the word “Department”.

77. In § 223.25(c), remove the word “Board” and add in its place the word “Department”.

PART 232—[REMOVED]

78. Part 232 is removed.

PART 234—AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

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

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

PART 240—INSPECTION OF ACCOUNTS AND PROPERTY

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

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

81. Section 240.1 is revised to read as follows:

82. Amend § 240.2 as follows:

a. Remove the word “Board” and add in its place the word “Department”.

b. Remove the word “him” and add in its place the words “him or her”.

c. Remove “(a)” and “(b)”.

d. Remove the word “he” and add in its place the words “he or she”.

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

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

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

84. Section 01 is removed and reserved.

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

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

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

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

89. Amend Sec. 19-7 as follows:

a. In paragraph (a), in the last sentence, remove “K-25” and add in its place “RTS-42”.

b. In appendix A, subsection I.B., in the first paragraph, revise the last sentence.

The revision reads as follows:

90. Amend Section 21(a) as follow:

a. Remove the words “subject to the Federal Aviation Act of 1958, as amended,”.

b. Remove the words “Civil Aeronautics Board” and add in their place the word “BTS”.

91. Amend Section 22 as follows:

a. In paragraph (a), in the table entitled “List of Schedules in the BTS Form 41 Report”, revise the entry for Schedule No. P-2.

b. In paragraphs (c) and (j), remove the word “Board” each place it appears and add in its place the word “BTS”.

The revision reads as follows:

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

PART 243—PASSENGER MANIFEST INFORMATION

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

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

94. In § 243.11(c), remove the words “Family Support Services” and add in their place the words “Transportation Disaster Assistance”.

95. Amend § 243.13(c) as follows:

a. Remove the words “Dockets Facility (SVC-121.30)” and add in their place the words “Dockets Management Facility (M-90)”.

b. Remove the words “by July 1, 1998, or, for covered airlines beginning operations after July 1, 1998,”.

PART 247—DIRECT AIRPORT-TO-AIRPORT MILEAGE RECORDS

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

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

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

98. Add reserved §§ 247.2 through 247.10.

PART 248—SUBMISSION OF AUDIT REPORTS

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

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

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

PART 249—PRESERVATION OF AIR CARRIER RECORDS

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

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

102. In §§ 249.6(a) and 249.10, remove “this regulation” and add in its place “this part”.

103. In § 249.7(b), remove the word “Board” and add in its place the word “Department”.

104. In § 249.9, remove “these regulations” and add its place “this part”.

PART 251—CARRIAGE OF MUSICAL INSTRUMENTS

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

Authority: 49 U.S.C. 41724.

106. In § 251.1, remove the definition for “FAA”.

PART 253—NOTICE OF TERMS OF CONTRACT OF CARRIAGE

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

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

108. In § 253.1, remove the words “of this rule” and add in their place “of this part”.

109. In § 253.2, remove the words “This rule” and add in their place “This part”.

110. In § 253.7, remove the reference “§ 399.87” and add in its place the reference “§ 399.88”.

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

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

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

112. Amend § 257.3 as follows:

a. Revise the definition of “Designator code”.

b. Redesignate paragraph (g) as an undesignated paragraph.

c. In the definition of “Ticket agent”, remove “ 49 U.S.C. 40102(40)” and add in its place “49 U.S.C. 40102(45)”.

The revision reads as follows:

PART 258—DISCLOSURE OF CHANGE-OF-GAUGE SERVICES

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

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

114. In § 258.3(d), remove the reference “40102(40)” and add in its place the reference “40102(a)(45)”.

PART 259—ENHANCED PROTECTIONS FOR AIRLINE PASSENGERS

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

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

116. In § 259.4(d) and (f), remove “this rule” and add in its place “this section”.

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

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

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

118. In § 271.2, the definition for “Eligible place” is revised to read as follows:

PART 272—[REMOVED AND RESERVED]

119. Part 272 is removed and reserved.

PART 291—CARGO OPERATIONS IN INTERSTATE AIR TRANSPORTATION

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

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

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

122. In § 291.45, remove the appendix to the section.

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

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

(a) Format of reports—(1) Automatic Data Processing (ADP) magnetic tape. Refer to paragraph (d) of this appendix for instructions pertaining to mainframe and minicomputer reporting. The Department will issue “Accounting and Reporting Directives” to make necessary technical changes to these T-100 instructions. Technical changes which are minor in nature do not require public notice and comment.

(2) Microcomputer diskette—(i) Optional specification. If an air carrier desires to use its personal computers (PC's), rather than mainframe or minicomputers to prepare its data submissions, the following specifications for filing data on diskette media apply.

(ii) Reporting medium. Microcomputer ADP data submission of T-100 information must be on IBM compatible disks. Carriers wishing to use a different ADP procedure must obtain written approval to do so from the BTS Assistant Director—Airline Information. Requests for approval to use alternate methods must disclose and describe the proposed data transmission methodology. Refer to paragraph (i) of this appendix for microcomputer record layouts.

(iii) Microcomputer file characteristics. The files will be created in ASCII delimited format, sometimes called Data Interchange Format (DIF). This form of recording data provides for variable length fields (data elements) which, in the case of alphabetic data, are enclosed by quotation marks (“) and separated by a comma (,) or tab. Numeric data elements that are recorded without editing symbols are also separated by a comma (,) or tab. The data are identified by their juxtaposition within a given record. Therefore, each record must contain the exact number of data elements, all of which must be juxtapositionally correct. Personal computer software including most spreadsheets, data base management programs, and BASIC are capable of producing files in this format.

(b) Filing date for reports. The reports must be received at BTS within 30 days following the end of each reporting period.

(c) Address for filing. Data Administration Division, RTS-42, Office of Airline Information, Bureau of Transportation Statistics, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

(d) ADP format for magnetic tape—(1) Magnetic tape specifications. IBM compatible 9-track EBCDIC recording. Recording density of 6250 or 1600 bpi. The order of recorded information is:

(i) Volume label.

(ii) Header label.

(iii) Data records.

(iv) Trailer label.

(2) [Reserved]

(e) External tape label information. (1) Carrier name.

(2) Report date.

(3) File identification.

(4) Carrier address for return of tape reel.

(f) Standards. It is the policy of the Department to be consistent with the American National Standards Institute and the Federal Standards Activity in all data processing and telecommunications matters. It is our intention that all specifications in this application are in compliance with standards promulgated by these organizations.

(g) Volume, header, and trailer label formats—(1) Use standard IBM label formats. The file identifier field of the header labels should be “T-100.SYSTEM”.

(h) Magnetic tape record layouts for T-100—(1) Nonstop segment record layout.

(2) On-flight market record layout.

(i) Record layouts for microcomputer diskettes. The record layouts for diskette are generally identical to those shown for magnetic tape, with the exception that delimiters (quotation marks, tabs and commas) are used to separate fields. It is necessary that the order of fields be maintained in all records.

(1) File characteristics. The files will be created in ASCII delimited format, sometimes called Data Interchange Format (DIF). This form of recording data provides for variable length fields (data elements) which, in the case of alphabetic data, are enclosed by quotation marks (”) and separated by a comma (,) or tab. Numeric data elements that are recorded without editing symbols are also separated by a comma (,) or tab. The data are identified by their juxtaposition within a given record. Therefore, it is critical that each record contain the exact number of data elements, all of which must be juxtapositionally correct. PC software including most spreadsheets, data base management programs, and BASIC produce minidisk files in this format.

(2) File naming conventions for diskettes. For microcomputer reports, each record type should be contained in a separate DOS file on the same physical diskette. The following DOS naming conventions should be followed:

(i) Record type S = SEGMENT.DAT

(ii) Record type M = MARKET.DAT

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

PART 294—CANADIAN CHARTER AIR TAXI OPERATORS

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

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

126. Throughout part 294:

a. Remove the words “Special Authorities Division” and add in their place the words “U.S. Air Carrier Licensing/Special Authorities Division”.

b. Remove the words “of the Statute” and add in their place “of 49 U.S.C. Subtitle VII”.

c. Remove the words “of the Federal Aviation Regulations” and add in their place “of this title (the Federal Aviation Regulations)”.

d. Add the words “in 14 CFR chapter I” immediately following the words “FAA regulations”.

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

128. In § 294.30(c), remove the words “exemption under section 41701” and add in their place the words “exemption under 49 U.S.C. 40109”.

PART 296—INDIRECT AIR TRANSPORTATION OF PROPERTY

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

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

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

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

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

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

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

133. Throughout part 297:

a. Remove the words “Aviation Analysis” and add in their place the words “International Aviation”.

b. Remove the words “Special Authorities Division” and add in their place the words “U.S. Air Carrier Licensing/Special Authorities Division”.

c. Remove the words “of the Statute” and add in their place “of 49 U.S.C. Subtitle VII”.

134. In § 297.3(b), remove the words “bona fide asociation” and add in their place the words “bona fide association”.

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

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

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

136. Throughout part 298, remove the words “of the Statute” and add in their place the words “of 49 U.S.C. Subtitle VII”.

137. Amend § 298.2 as follows:

a. The definition for “Eligible place” is revised.

b. In the definitions for “Maximum payload capacity” and “Nonrevenue passenger”, add the words “in 14 CFR chapter I” immediately following the words “FAA regulations”.

c. Remove the definition for “Statute”.

The revision reads as follows:

138. Amend § 298.21 as follows:

a. In paragraph (a), remove the words “Program Management Branch” and add in their place the words “Technical Programs Branch”.

b. In footnote 6 to paragraph (c)(1), remove the words “Program Management Branch, Federal Aviation Administration, AFS-260, or on the World Wide Web at http://www.faa.gov/​avr/​afs/​afs200/​afs260/​Part298.cfm” and add in their place the words “Technical Programs Branch, Federal Aviation Administration, AFS-260 at (202) 267-8166, or on the internet at https://www.faa.gov/​about/​office_​org/​headquarters_​offices/​avs/​offices/​afx/​afs/​afs200/​afs260/​exemptions/​”.

c. In paragraph (d), in the first sentence, remove the words “Program Management Branch (AFS-260), 800 Independence Avenue SW, Washington, DC 20591” and add in their place the words “Technical Programs Branch (AFS-260), 800 Independence Avenue SW, Room 831, Washington, DC 20591”.

139. Amend § 298.23(b) as follows:

a. Remove the words “Program Management Branch (AFS-260), 800 Independence Avenue SW, Washington, DC 20591” and add in their place the words “Technical Programs Branch (AFS-260), 800 Independence Avenue SW, Room 831, Washington, DC 20591”.

b. Remove the words “Alaskan Region Headquarters (AAL-230), 222 West 7th Avenue, Box 14, Anchorage, Alaska 99513” and add in their place the words “Alaskan Region Headquarters Technical Standards Branch, (AAL-231), 222 West 7th Avenue, Box 14, Anchorage, Alaska 99513”.

140. Amend § 298.50 as follows:

a. Revise paragraph (a)(3).

b. In paragraph (b), remove the words “Department of Transportation Dockets,” and add in their place the words “Docket Operations Office, U.S. Department of Transportation,”.

The revision reads as follows:

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

142. Amend § 298.61 as follows:

a. In paragraph (a), remove the words “AU.S. Air Carrier Traffic and Capacity Data by Nonstop Segment and On-Flight Market.” ” and add in their place the words “U.S. Air Carrier Traffic and Capacity Data by Nonstop Segment and On-Flight Market.”

b. In paragraph (b), remove the reference ““298.60” and add in its place “§ 298.60”.

c. In paragraph (e)(2), remove the organizational code “K-14” and add in its place “RTS-42”.

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

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

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

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

145. Remove § 300.0a.

146. In § 300.2(c)(5), remove the words “this rule” and add in their place the words “this section”.

147. Amend § 300.3 as follows:

a. In paragraph (b)(1), remove “(DMS)” and add in its place “( http://www.regulations.gov)” and remove the words “and Media Management.”

b. In paragraph (b)(3), remove “ http://dms.dot.gov and add in its place “www.regulations.gov”.

c. In paragraph (c)(1), remove the words “and Media Management.”

148. Amend § 300.4 as follows:

a. In paragraph (c), remove the reference “paragraph (a)” and in its place add the reference “paragraph (b) of this section”.

b. Revise paragraph (d).

The revision reads as follows:

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

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

151. Remove § 300.16.

152. Redesignate §§ 300.17 through 300.20 as §§ 300.9 through 300.12, respectively.

PART 302—RULES OF PRACTICE IN PROCEEDINGS

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

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

154. Throughout part 302, remove the words “of the Statute” and add in their place the words “of 49 U.S.C. Subtitle VII”.

155. In § 302.2, remove the definition for “Statute”.

156. Amend § 302.3 as follows:

a. In paragraph (a)(1), remove the words “the DOT Dockets Management System (DMS) internet website” and add in their place “ http://www.regulations.gov”.

b. In paragraph (c), remove the words “the specified DOT DMS internet website” and add in their place “ http://www.regulations.gov”.

c. In paragraph (d)(1)(ii), remove the words “the DOT DMS internet website” and add in their place “ http://www.regulations.gov”.

157. In § 302.4, remove the words “the DOT DMS internet website” each place they appear and add in their place “ http://www.regulations.gov”.

158. In § 302.7, remove “§ 302.4(a)(2)(iv)” each place it appears and add in its place “§ 302.4(a)(2)(i)(D)”.

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

160. Throughout subpart D, remove the word “Deputy” wherever it appears.

161. In § 302.401, remove the words “Subtitle VII of”.

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

PART 303— REVIEW OF AIR CARRIER AGREEMENTS

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

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

164. Section 303.01 is revised to read as follows:

165. Section 303.02 is revised to read as follows:

166. Section 303.03 is revised to read as follows:

167. Amend § 303.04 as follows:

a. In paragraph (a), remove the words “these regulations” and add in their place the words “this part”.

b. Revise paragraph (i).

The revision reads as follows:

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

169. Section 303.06 is revised to read as follows:

170. Section 303.07 is revised to read as follows:

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

Subpart D—Section 41309 Applications

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

173. Section 303.31 is revised to read as follows:

174. In § 303.32(a), remove “412 application” and add in its place “41309 application”.

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

176. In § 303.43(b), remove “412 application” each place it appears and add in its place “41309 application”.

177. In § 303.45(c), remove the words “these regulations” and add in their place “this part”.

PART 305—RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS

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

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

179. Throughout part 305, remove the word “Deputy” wherever it appears.

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

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

182. In § 305.10, add the words “of this chapter” immediately following “302.12”

183. Amend § 305.11 as follows:

a. Remove the words “, and any documentary evidence obtained in the investigation will be returned to the persons who produced it”.

b. Remove the words “of the Rules of Practice” and add in their place the words “of this chapter (the Rules of Practice)”.

PART 313—IMPLEMENTATION OF THE ENERGY POLICY AND CONSERVATION ACT

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

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

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

186. Remove § 313.3(e).

PART 323—TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE

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

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

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

189. In § 323.2, the definitions for “Certificated carrier” and “Eligible place” are revised and the definitions for “FAA” and “Statute” are removed to read as follows:

PART 325—ESSENTIAL AIR SERVICE PROCEDURES

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

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

191. Throughout part 325, remove the words “point” and “points” and add in their place “place” and “places”, respectively.

192. In § 325.1, remove the words “under section 419 of the Act” and add in their place “under 49 U.S.C. 41732”.

193. Section 325.2 is revised to read as follows:

194. Section 352.3 is revised to read as follows:

195. Amend § 325.4 as follows:

a. In paragraph (a) introductory text, remove the words “section 419(b) of the Act” and add in their place the words “ 49 U.S.C. 41731”.

b. In paragraph (a)(1), remove the words “section 401 certificate” each place it appears and add in their place the words “section 41102 certificate”.

c. In paragraph (b):

i. Remove the words “Documentary Services Division” and add in their place the words “Docket Operations Office”.

ii. Remove the words “section 419(f) of the Act” and add in their place “49 U.S.C. 41737”.

d. In paragraph (c), remove the words “Documentary Services Division” and add in their place the words “Docket Operations Office”.

196. Section 325.5 is revised to read as follows:

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

PART 330 [REMOVED AND RESERVED]

198. Part 330 is removed and reserved.

PART 372—OVERSEAS MILITARY PERSONNEL CHARTERS

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

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

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

201. In § 372.2, remove the definition of “Statute”.

202. In § 372.3, remove “this regulation” and add in its place “this part”.

203. Amend § 372.30 as follows:

a. In paragraph (a) introductory text, remove the words “Office of Aviation Analysis” and add in their place the words “Office of International Aviation”.

b. In paragraph (a)(9), remove the word “applicant” and add in its place the word “applicants”.

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

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

Know all persons by these presents, that we ___ (name of charter operator) of ___ (address) as Principal (hereinafter called “Principal”), and ___ (name of surety) a corporation created and existing under the laws of the State of ___ (State) as Surety (hereinafter called “Surety”) are held and firmly bound unto the United States of America in the sum of ___ (see § 372.24(a), 14 CFR part 372) for which payment, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents.

Whereas Principal is an overseas military personnel charter operator pursuant to the provisions of part 372 of the Department's regulations and other rules and regulations of the Department relating to security for the protection of charter participants, and has elected to file with the Department of Transportation such a bond as will insure financial responsibility with respect to all monies received from charter participants for services in connection with overseas military personnel charters to be operated subject to part 372 of the Department's Special Regulations in accordance with contracts, agreements, or arrangements therefor, and

Whereas this bond is written to assure compliance by Principal as an authorized charter operator with part 372 of the Department's regulations, and other rules and regulations of the Department relating to security for the protection of charter participants, and shall inure to the benefit of any and all charter participants to whom Principal may be held legally liable for any damages herein described.

Now, therefore, the condition of this obligation is such that if Principal shall pay or cause to be paid to charter participants any sum or sums for which Principal may be held legally liable by reason of Principal's failure faithfully to perform, fulfill and carry out all contracts, agreements, and arrangements made by Principal while this bond is in effect with respect to the receipt of moneys from charter participants, and proper disbursement thereof pursuant to and in accordance with the provisions of part 372 of the Department's regulations, then this obligation shall be void, otherwise to remain in full force and effect.

The liability of Surety with respect to any charter participant shall not exceed the charter price paid by or on behalf of such participant.

The liability of Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penalty (face amount) of the bond, but in no event shall Surety's obligation hereunder exceed the amount of said penalty.

Surety agrees to furnish written notice to the Office of International Aviation, Department of Transportation, forthwith of all suits or claims made and judgments rendered, and payments made by Surety under this bond.

This bond shall cover the following Charters: ^[1]

Surety company's bond No.

Date of flight departure

Place of flight departure

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

In witness whereof, the said Principal and Surety have executed this instrument on the ___ day of ___, ___.

PRINCIPAL

Name

By: Signature and title

Witness

SURETY

Name

By: Signature and title

Witness

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

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

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

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

206. Amend § 374.3(b) as follows:

a. Remove “ 12 CFR part 202” and add in its place “12 CFR part 1002”.

b. Remove “ 12 CFR part 226” and add in its place “12 CFR part 1026”.

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

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

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

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

209. In § 374a.2, remove “This regulation” and add in its place “this part”.

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

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

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

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

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

213. Amend § 375.1 as follows:

a. Remove the definition for “Act”.

b. In the definition for “Air transportation”, remove the words “(see section 101 (10) and (23) of the Federal Aviation Act, 49 U.S.C. 1301)” and add in their place “(see 49 U.S.C. 40102 (a)(5) and (a)(24))”.

c. In the definition for “Exemption”, remove the words “under section 416(b) of the Act” and add in their place “under 49 U.S.C. 40109”.

d. In the definition for “Foreign air carrier permit”, remove the words “section 402 of the Act” and add in their place “ 49 U.S.C. 41301”.

e. In the definition for “Foreign aircraft permit”, remove the words “section 1108(b) of the Act” and add in their place the words “ 49 U.S.C. 41703”.

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

215. In § 375.22, add “in 14 CFR chapter I” immediately following “Federal Aviation Administration”.

216. In § 375.33, remove the word “safey” and add in its place the word “safety”.

217. In § 375.35(a)(2), remove the words “section 402 permit” and add in their place the words “section 41301 permit”.

218. Amend § 375.43 as follows:

a. Revise paragraph (a).

b. In paragraph (e)(1), remove the words “Aviation Operations” and add in their place the words “International Aviation”.

The revision reads as follows:

219. Amend § 375.50 as follows:

a. In paragraph (b), remove the words “Chief, Discrete Operations Branch, Licensing Division, P-45, Office of Aviation Operations” and add in their place the words “Chief, Foreign Air Carrier Licensing Division, X-45, Office of International Aviation”.

b. In paragraph (e), remove the words “section 1108(b) of the Act” and add in their place “ 49 U.S.C. 41703”.

c. In paragraph (h):

i. Remove the words “Federal Aviation Act” and add in their place “49 U.S.C. Subtitle VII”.

ii. Remove the words “section 402 or 416(b) of the Act” and add in their place “49 U.S.C. 41301 or 41709”.

220. Section 375.60 is revised to read as follows:

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

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

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

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

223. In §§ 377.2, 377.3, 377.4, 377.5, 377.10, and 377.11, remove the word “Board” each place it appears and add in its place the word “Department”.

224. In §§ 377.3, 377.4, and 377.10, remove the words “section 401 of the Act” and add in their place “ 49 U.S.C. 41102”.

225. Amend § 377.10 as follows:

a. In paragraphs (b) and (c) introductory text, remove the word “Board's” and add in its place the word “Department's”.

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

PART 380—PUBLIC CHARTERS

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

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

227. Throughout part 380:

a. Remove the words “Office of Aviation Analysis” and add in their place the words “Office of International Aviation”.

b. Remove the words “Special Authorities Division” and add in their place the words “U.S. Air Carrier Licensing/Special Authorities Division”.

c. Remove the words “of the Statute” and add in their place the words “of 49 U.S.C. Subtitle VII”.

228. In § 380.1, remove the words “, formerly Title IV of the Federal Aviation Act of 1958, as amended”.

229. In § 380.2, remove the word “opertor” and add in its place the word “operator” and remove the definition for “Statute.”

230. In § 380.3(b), remove the word “and” and add in its place the word “through”.

231. In § 380.14, remove the word “Noting” and add in its place the word “Nothing”.

232. In § 380.15, remove the word “Subsititues” and add in its place the word “Substitutes”.

233. Amend § 380.32 as follows:

a. In paragraph (j), remove the words “That is a charter” and add in their place the words “That if a charter”.

b. In paragraph (q), remove the words “That is the operator” and add in their place the words “That if the operator”.

c. In paragraph (t), remove the words “That the participants” and add in their place the words “That the participant's”.

d. In paragraph (v), remove the words “date or arrival” and add in their place the words “date of arrival”.

234. In § 380.34(b)(2)(i), remove the words “credit cared” and add in their place the words “credit card”.

235. Revise appendices A and B to part 380 to read as follows:

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

Know all persons by these presents, that we ___ (name of charter operator) ___ of___ (city) ___ (state) as Principal (hereinafter called Principal), and ___ (name of surety) a corporation created and existing under the laws of the State of ___ (State) as Surety (hereinafter called Surety) are held and firmly bound unto the United States of America in the sum of $______________(see 14 CFR 380.34) for which payment, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

Whereas Principal intends to become a Public Charter operator pursuant to the provisions of 14 CFR part 380 and other rules and regulations of the Department relating to insurance or other security for the protection of charter participants, and has elected to file with the Department of Transportation such a bond as will insure financial responsibility with respect to all moneys received from charter participants for services in connection with a Public Charter to be operated subject to part 380 of the Department's regulations in accordance with contracts, agreements, or arrangements therefore, and

Whereas this bond is written to assure compliance by Principal as an authorized charter operator with 14 CFR part 380 and other rules and regulations of the Department relating to insurance and other security for the protection of charter participants, and shall inure to the benefit of any and all charter participants to whom Principal may be held legally liable for any damages herein described.

Now, therefore, the condition of this obligation is such that if Principal shall pay or cause to be paid to charter participants any sum or sums for which Principal may be held legally liable by reason of Principal's failure faithfully to perform, fulfill and carry out all contracts, agreements, and arrangements made by Principal while this bond is in effect with respect to the receipt of moneys from charter participants, and proper disbursement thereof pursuant to and in accordance with the provisions of 14 CFR part 380, then this obligation shall be void, otherwise to remain in full force and effect.

The liability of Surety with respect to any charter participant shall not exceed the charter price paid by or on behalf of such participant.

The liability of Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penalty of the bond, but in no event shall Surety's obligation hereunder exceed the amount of said penalty.

Surety agrees to furnish written notice to the U.S. Air Carrier Licensing/Special Authorities Division, X-44, Office of International Aviation, Department of Transportation, forthwith of all suits or claims filed and judgments rendered, and payments made by Surety under this bond.

The bond shall cover the following charters ^[1]

Surety company's bond No.

Date of flight departure

Place of flight departure

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

In witness whereof, the said Principal and Surety have executed this instrument on the __ day of _________, 20_.

PRINCIPAL

Name

By: Signature and title

Witness

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

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

This Trust Agreement is entered into between ___________ (charter operator) incorporated under the laws of ____________ with its principal place of business being ______________________ (hereinafter called “Operator”), and ____________________(Bank) with its principal place of business being____________________ (hereinafter called “Trustee”), for the purpose of creating a trust to become effective as of the ______ day of ______, 20_, which trust shall continue until terminated as hereinafter provided.

Operator intends to become a Public Charter operator pursuant to the provisions of part 380 of the Department's regulations and other rules and regulations of the Department relating to insurance or other security for the protection of charter participants, and has elected to file with the Department of Transportation such a Surety Trust Agreement as will insure financial responsibility with respect to all monies received from charter participants for services in connection with a Public Charter to be operated subject to part 380 of the Department's regulations in accordance with contracts, agreements, or arrangements therefore.

This Surety Trust Agreement is written to assure compliance by Operator with the provisions of part 380 of the Department's regulations and other rules and regulations of the Department relating to insurance or other security for the protection of charter participants. It shall inure to the benefit of any and all charter participants to whom Operator may be held legally liable for any of the damages herein described.

It is mutually agreed by and between Operator and Trustee that Trustee shall manage the corpus of the trust and carry out the purposes of the trust as hereinafter set forth during the term of the trust for the benefit of charter participants (who are hereinafter referred to as “Beneficiaries.”)

Beneficiaries of the trust created by this Agreement shall be limited to those charter participants who meet the following requirements:

1. Those for whom Operator or Operator's agent has received payment toward participation in one or more charters operated by or proposed to be operated by Operator.

2. Who have legal claim or claims for money damages against Operator by reason of Operator's failure faithfully to perform, fulfill, and carry out all contracts, agreements, and arrangements made by Operator while this trust is in effect with respect to the receipt of monies and proper disbursement thereof pursuant to part 380 of the Department's regulations; and

3. Who have given notice of such claim or claims in accordance with this Trust Agreement, but who have not been paid by Operator.

The operator shall convey to Trustee legal title to the trust corpus, which has a value of $_____ by the time of the execution of this Agreement.

Trustee shall assume the responsibilities of Trustee over the said trust corpus and shall distribute from the trust corpus to any and all Beneficiaries to whom Operator, in its capacity as a Public Charter operator, may be held legally liable by reason of Operator's failure faithfully to perform, fulfill, and carry out all contracts, agreements, and arrangements made by Operator, while this trust is in effect with respect to the receipt of monies and proper disbursement thereof pursuant to part 380 of the Department's regulations in connection with said charters, such damages as will discharge such liability while this trust is in effect; Provided, however, that the liability of the trust to any Beneficiary shall not exceed the charter price (as defined in part 380 of the Department's regulations) paid by or on behalf of any such Beneficiary; Provided, further, that there shall be no obligation of the trust to any Beneficiary if Operator shall pay or cause to be paid to any Beneficiary any sum or sums for which Operator may be held legally liable by reasons of its failure faithfully to perform, fulfill, and carry out all contracts, agreements, and arrangements made by Operator in its capacity as Public Charter Operator while this trust is in effect with respect to the receipt of monies and proper disbursement thereof pursuant to part 380 of the Department's regulations; and provided still further, that the liability of the trust as administered by Trustee shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments, shall amount in the aggregate to $_____. Notwithstanding anything herein to the contrary, in no event shall the obligation of the trust or Trustee hereunder exceed the aggregate amount of $_____.

Trustee agrees to furnish written notice to the U.S. Air Carrier Licensing/Special Authorities Division, X-44, Office of International Aviation, Department of Transportation, forthwith of all suits or claims filed and judgments rendered (of which it has knowledge), and of payments made by Trustee under the terms of this trust.

The trust shall not be liable hereunder for the payment of any damages hereinbefore described which arise as a result of any contracts, agreements, undertakings, or arrangements for the supplying of transportation and other services made by Operator after the termination of this trust as herein provided, but such termination shall not affect the liability of the trust hereunder for the payment of any damages arising as a result of contracts, agreements, or arrangements for the supplying of transportation and other services made by Operator prior to the date that such termination becomes effective.

Liability of the trust shall in all events be limited only to a Beneficiary or Beneficiaries who shall within sixty days after the termination of the particular charter give written notice of claim to Operator or, if it is unavailable, to Trustee, and all liability of the trust with respect to participants in a charter shall automatically terminate sixty days after the termination date of each particular charter covered by this trust except for claims made in the time provided herein.

Sixty-one days after the completion of the last charter covered by this Trust Agreement, the trust shall automatically terminate except for claims of any Beneficiary or Beneficiaries previously made in accordance with this Agreement still pending on and after said sixty-first day. To the extent of such claims, the trust shall continue until those claims are discharged, dismissed, dropped, or otherwise terminated. After all remaining claims which are covered by this Trust Agreement pending on and after the said sixty-first day have been discharged, dismissed, dropped, or otherwise terminated; Trustee shall convey forthwith the remainder of the trust corpus, if any, to Operator.

Either Operator or Trustee may at any time terminate this trust by written notice to: “U.S. Air Carrier Licensing/Special Authorities Division, X-44, Office of International Aviation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W-86-445, Washington, DC 20590,” such termination to become effective thirty days after the actual receipt of said notice by the Department.

In the event of any controversy or claim arising hereunder, Trustee shall not be required to determine same or take any other action with respect thereto, but may await the settlement of such controversy or claim by final appropriate legal proceedings, and in such event shall not be liable for interest or damages of any kind.

Any Successor to Trustee by merger, consolidation, or otherwise, shall succeed to this trusteeship and shall have the powers and obligations set forth in this Agreement.

The trust created under this Agreement shall be operated and administered under the laws of the State of _________.

In Witness Whereof, Operator and Trustee have executed this instrument on the date(s) shown below.

Operator ____________

(signature)

Date

Name

(typed or printed)

Title

Trustee

(signature)

Date

Name

(typed or printed)

Title

PART 385—STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS

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

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

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

238. Amend § 385.1 as follows:

a. Remove the definition for “Department”.

b. In the definition of “Precedent”, remove the words “by the Board” and add in their place the words “by its predecessor”.

c. In the definition of “Reviewing Official”, remove the word “Deputy”.

d. Remove the definition for “Statute”.

239. In § 385.2, remove the words “and the Director, Bureau of Transportation Statistics (BTS)”.

240. In § 385.7, remove the word “Deputy”.

241. Amend § 385.12 as follows:

a. Paragraphs (f), (h), and (i) are removed.

b. Paragraphs (g), (j), and (k) are redesignated as paragraphs (f), (g), and (h), respectively.

c. Newly redesignated paragraphs (f), (g), and (h) are revised.

d. New paragraph (i) is added.

The revisions read as follows:

242. Amend § 385.13 as follows:

a. Remove the word “and” at the end of paragraph (b)(3).

b. Remove paragraph (b)(4).

c. Redesignate paragraphs (b)(2) and (3) as (b)(3) and (4), respectively.

d. Add new paragraphs (b)(2), (5), and (6).

e. Revise paragraphs (r) introductory text and (r)(1).

f. Add paragraphs (z) through (dd).

The additions and revisions to read as follows:

243. Revise § 385.14 to read as follows:

244. Remove and reserve § 385.15.

245. In § 385.18, remove the words “Chief, Coordination Section, Documentary Services Division” wherever they appear and add in their place the words “Docket Officer, Docket Operations Office”.

246. In § 385.19, remove the words “Office of Aviation Information” wherever they appear and add in their place the words “Office of Airline Information”.

247. In § 385.32, remove “this regulation” and add in its place “this part”.

248. Part 389 is revised to read as follows:

PART 389—FEES AND CHARGES FOR SPECIAL SERVICES

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

Subpart A—General Provisions

Subpart B—Fees for Special Services

Subpart C—Filing and Processing License Fees

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

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

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

250. Section 398.11 is removed.

PART 399—STATEMENTS OF GENERAL POLICY

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

Authority: 49 U.S.C. 41712.

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

253. In § 399.2(c), remove the words “section 102 of the Act” and add in their place “ 49 U.S.C. 40101”.

254. In § 399.4, remove the word “the Act” and add in its place the words “49 U.S.C.”.

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

256. Section 399.35 is revised to read as follows:

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

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

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

259. In § 399.60(a), remove the words “applications under section 408 of the Act for approval of consolidations or acquisitions of control;”.

260. In § 399.73, remove “298.3” and add in its place “298.2”.

261. In § 399.80, in the introductory text, remove “(m)” and add in its place “(n)”.

262. Amend § 399.81 as follows:

a. In paragraph (c)(1), remove the words “This section” and add in their place the words “This paragraph (c)”.

b. In paragraph (c)(2), remove the words “this section” and add in their place the words “this paragraph (c)”.

c. In paragraph (c)(3), remove the words “this paragraph” and add in their place the words “this paragraph (c)”.

263. Amend § 399.82 as follows:

a. Remove paragraphs (b)(2) and (3).

b. Redesignate paragraphs (b)(4) and (5) as (b)(2) and (3).

c. Add the word “or” at the end of newly redesignated paragraph (b)(2).

264. In § 399.83, remove the words “section 411 of the Act” and add in their place “ 49 U.S.C. 41712”.

265. Section 399.91 is revised to read as follows:

Subparts I and J—[REMOVED AND RESERVED]

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

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

Footnotes