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§ 243.17 14 CFR Ch.

II (1–1–00 Edition)

the extent to which it has been satis- the provisions of Titles IV and X of the
factorily established that compliance Federal Aviation Act of 1958, as amend-
with all or part of the data collection ed, or any rule, regulation, or order of
requirements of this part would con- the Department pursuant thereto.
stitute a violation of foreign law.
(d) The U.S. Department of Transpor- [Amdt. 247–2, 56 FR 67170, Dec. 30, 1991, as
amended at 60 FR 66725, Dec. 26, 1995]
tation will maintain an up-to-date list-
ing in OST Docket 98–3305 of countries
where adherence to all or a portion of PART 248—SUBMISSION OF AUDIT
this part is not required because of a REPORTS
conflict with applicable foreign law.
[Doc. No. OST–95–950, 63 FR 8280, Feb. 18, Sec.
1998; 63 FR 9413, Feb. 25, 1998] 248.1 Applicability.
248.2 Filing of audit reports.
§ 243.17 Enforcement. 248.4 Time for filing reports.
248.5 Withholding from public disclosure.
The U.S. Department of Transpor-
tation may at any time require a cov- AUTHORITY: 49 U.S.C. 329 and chapters 401,
ered airline to produce a passenger 411, 417.
manifest including emergency contacts SOURCE: ER–420, 29 FR 13799, Oct. 7, 1964,
and phone numbers for a specified cov- unless otherwise noted.
ered flight segment to ascertain the ef-
fectiveness of the carrier’s system. In § 248.1 Applicability.
addition, it may require from any cov-
ered airline further information about The requirements of this part shall
collection, storage and transmission be applicable to all air carriers subject
procedures at any time. If the Depart- to the requirements of part 241 of this
ment finds a covered airline’s system subchapter.
to be deficient, it will require appro-
§ 248.2 Filing of audit reports.
priate modifications, which must be
implemented within the period speci- (a) Whenever any air carrier subject
fied by the Department. In addition, a to § 248.1 shall have caused an annual
covered airline not in compliance with audit of its books, records, and ac-
this part may be subject to enforce- counts to be made by independent pub-
ment action by the Department. lic accountants, such air carrier shall
file with the Office of Airline Informa-
PART 247—DIRECT AIRPORT-TO- tion, in duplicate, a special report con-
AIRPORT MILEAGE RECORDS sisting of a true and complete copy of
the audit report submitted by such
independent public accountants, in-
AUTHORITY: 49 U.S.C. chapter 401.
cluding all schedules, exhibits, and cer-
SOURCE: Amdt. 247–2, 56 FR 67170, Dec. 30, tificates included in, attached to, or
1991, unless otherwise noted.
submitted with or separately as a part
§ 247.1 Official mileage record of the of, the audit report.
Department of Transportation. (b) Each air carrier subject to § 248.1
The direct airport-to-airport mileage that does not cause an annual audit to
record now maintained, and as here- be made of its books, records, and ac-
after amended or revised from time to counts for any fiscal year shall, at the
time by the Office of Airline Informa- close of such fiscal year file with the
tion of the Bureau of Transportation Board’s Office of the Comptroller, as a
Statistics of the Department of Trans- part of its periodic reports, a state-
portation in the regular performance of ment that no such audit has been per-
its duties, is hereby adopted as the offi- formed.
cial mileage record of the Department (Approved by the Office of Management and
and the mileages set forth therein shall Budget under control number 2138–0004)
be used in all instances where it shall [ER–1351, 48 FR 32756, July 19, 1983, as amend-
be necessary to determine direct air- ed by ER–1362, 48 FR 46265, Oct. 12, 1983; 60
port-to-airport mileages pursuant to FR 66725, Dec. 26, 1995]


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Office of the Secretary, DOT § 249.2

§ 248.4 Time for filing reports. NOTE: The recordkeeping requirements
contained in this part have been approved by
The report required by this part shall the Office of Management and Budget under
be filed with the Office of Airline Infor- control number 2138–0006.
mation within 15 days after the due
date of the appropriate periodic BTS Subpart A—General Instructions
Form 41 Report, filed for the 12-month
period covered by the audit report, or § 249.1 Applicability.
the date the accountant submits its Subparts A and B of this part apply
audit report to the air carrier, which- to:
ever is later. (a) Air carriers, as defined in 49
[ER–1351, 48 FR 32756, July 19, 1983, as amend- U.S.C. 40102, that hold either certifi-
ed at 60 FR 66725, Dec. 26, 1995] cates of public convenience and neces-
sity or certificates for all-cargo air
§ 248.5 Withholding from public disclo- service.
sure. (b) Public charter operators, as de-
The special reports required to be fined in part 380 of this chapter.
filed by § 248.2 shall be withheld from (c) Overseas military personnel char-
public disclosure, until further order of ter operators, as defined in part 372 of
the BTS, if such treatment is requested this chapter.
by the air carrier at the time of filing. [ER–1214, 46 FR 25415, May 6, 1981, as amend-
[ER–420, 29 FR 13799, Oct. 7, 1964, as amended ed at 60 FR 66725, Dec. 26, 1995]
at 60 FR 66725, Dec. 26, 1995]
§ 249.2 Definitions.
PART 249—PRESERVATION OF AIR For the purposes of this part:
Authorized representatives of the DOT
CARRIER RECORDS means any persons, including special
agents and auditors, designated by the
Subpart A—General Instructions DOT to perform inspections, audits, or
Sec. examinations within the purview of the
249.1 Applicability. DOT’s authority.
249.2 Definitions. Certificated air carrier means the hold-
249.3 Preservation of records. er of a certificate of public convenience
249.4 Photographic copies. and necessity issued by the Depart-
249.5 Storage of records. ment of Transportation under 49 U.S.C.
249.6 Destruction of records. 41102 or a certificate for all-cargo air
249.7 Restrictions on record destruction. service issued by the Department of
249.8 Premature loss or destruction of rec-
Transportation under 49 U.S.C. 41103.
249.9 Carriers going out of business. Final adjudication means the expira-
249.10 Waiver of requirements. tion date of the last possible period of
review or reconsideration of a given
Subpart B—Preservation of Records by case, by the DOT or by a court, that is
Carrier provided by applicable statute or regu-
249.20 Preservation of records by certifi- Open mail rate period means the time
cated air carriers.
interval between the date of institu-
249.21 Preservation of records by public
charter operators and overseas military
tion of a new mail rate proceeding or
personnel charter operators. the start of service over a new route
for which no mail rate has previously
Subpart C—Regulations Relating to the been fixed, and the date upon which a
Truth-in-Lending Act DOT order setting the final mail rate
becomes legally effective.
249.30 Applicability. Pending case means any case that the
249.31 Preservation and inspection of evi-
DOT is empowered to hear before its
dence of compliance.
final adjudication.
AUTHORITY: 49 U.S.C. 329 and chapters 401, Records include all documents that
411, 413, 417. are related to, or constitute integral
SOURCE: ER–1214, 46 FR 25415, May 6, 1981, links in developing the history of, or
unless otherwise noted. facts regarding, financial transactions


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