You are on page 1of 13

§ 297.30 14 CFR Ch.

II (1–1–00 Edition)

(b) It fails to perform air transpor- warranted by special or unusual cir-
tation services as authorized; cumstances.
(c) It fails to file the reports required
by this part; Subpart E [Reserved]
(d) A substantial ownership or con-
trol interest is acquired by persons who Subpart F—Violations
are not citizens of the country of citi-
zenship of the registrant; § 297.50 Enforcement.
(e) There is a failure of effective reci- In case of any violation of any of the
procity; or provisions of the Statute, or this part,
(f) The Department finds that it is in or any other rule, regulation or order
the public interest to do so. issued under the Statute, the violator
[ER–1159, 44 FR 69635, Dec. 4, 1979, as amend- may be subject to a proceeding under
ed by ER–1294, 47 FR 19685, May 7, 1982] section 46101 of the Statute before the
Department, or sections 46106 through
Subpart D—General Rules for 46108 of the Statute before a U.S. Dis-
Foreign Indirect Air Carriers trict Court, as the case may be, to
compel to compliance; or to civil pen-
§ 297.30 Public disclosure of cargo li- alties under the provisions of section
ability insurance. 46301 of the Statute; or in the case of
willful violation, to criminal penalties
Every foreign air freight forwarder
under the provisions of section 46316 of
shall give notice in writing to the ship-
the Statute; or other lawful sanctions
per, when any shipment is accepted, of
including cancellation of registration.
the limits of its cargo liability insur-
ance, or of the absence of such insur- [ER–1159, 44 FR 69635, Dec. 4, 1979, as amend-
ance, and the limits of its liability, if ed at 60 FR 43527, Aug. 22, 1995]
any. The notice shall be included clear-
ly and conspicuously on all of its rate PART 298—EXEMPTIONS FOR AIR
sheets and airwaybills, and on any TAXI AND COMMUTER AIR CAR-
other documentation that is given to a RIER OPERATIONS
shipper at the time of acceptance of
the shipment. Subpart A—General
§ 297.31 Preparation of airwaybills and Sec.
manifests. 298.1 Applicability of part.
298.2 Definitions.
(a) Each registered foreign indirect 298.3 Classification.
air carrier shall prepare an accurate 298.4 Requests for statement of authority.
airwaybill describing completely all 298.5 Dual operations—air taxi or commuter
services rendered to or on behalf of the air carrier and all-cargo air service.
shipper, including the conditions under
which the contract will be completed, Subpart B—Exemptions
in its capacity as a foreign indirect air 298.11 Exemption authority.
carrier. A copy of the airwaybill shall 298.12 [Reserved]
be given to the consignor and to the 298.13 Duration of exemption.
consignee.
(b) Each registered foreign indirect Subpart C—Registration and Reregistration
air carrier shall prepare an accurate for Exemption
manifest showing every individual 298.21 Filing for registration by air taxi op-
shipment included in each shipment erators and commuter air carriers.
consigned for transportation to a di- 298.22 Processing by the Department.
rect air carrier. 298.23 Notifications to the Department of
(c) A waiver of paragraph (a) of this change in operations.
section may be granted by the Depart- 298.24 Cancellation of the registration.
ment upon a written application by the
foreign indirect air carrier not less Subpart D—Limitations and Conditions on
than 30 days before the shipment to Exemptions and Operations
which it relates is transported, if the 298.30 Public disclosure of policy on con-
waiver is in the public interest, and is sumer protection.

252

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00252 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
Office of the Secretary, DOT § 298.2
298.31 Scope of service and equipment au- muter air carriers and small certifi-
thorized. cated air carriers.
298.32–298.34 [Reserved]
298.35 Limitations on carriage of mail. [ER–1399, 50 FR 19, Jan. 2, 1985, as amended
298.36 Limitation on use of business name. by Docket No. 47939, 57 FR 40103, Sept. 2, 1992;
298.37 Prohibition of services not covered by 60 FR 43527, Aug. 22, 1995]
insurance.
298.38 Security arrangements for operating § 298.2 Definitions.
Public Charters. As used in this part:
(a) Air taxi operator means an air car-
Subpart E [Reserved] rier coming within the classification of
Subpart F—Reporting Requirements air taxi operators established by § 298.3.
(b) Air Transportation means inter-
298.60 General reporting instructions. state air transportation, foreign air
298.61 Reporting of traffic statistics for transportation, or the transportation
scheduled passenger operations. of mail by aircraft as defined by the
298.62 Reporting of financial data. Statute.1
298.63 Reporting of aircraft operating ex-
(c) Aircraft-hours means the airborne
penses and related statistics by small
certificated air carriers. hours of aircraft computed from the
298.64 Reporting of nonscheduled passenger moment an aircraft leaves the ground
enplanements by small certificated air until it touches the ground at the end
carriers. of a flight stage.
298.65 Requests for extensions of time with-
in which to file reports or for waivers 1 ‘‘Interstate air transportation’’ is defined
from reporting requirements. in section 40102(a)(25) as the transportation
298.66 Reporting exemption for State collec- of passengers or property by aircraft as a
tion of data. common carrier for compensation, or the
transportation of mail by aircraft (1) be-
Subpart G [Reserved] tween a place in (i) a State, territory, or pos-
session of the United States and a place in
Subpart H—Violations the District of Columbia or another State,
territory, or possession of the United States;
298.80 Enforcement. (ii) Hawaii and another place in Hawaii
AUTHORITY: 49 U.S.C. Chapters 401, 411, 417. through the airspace over a place outside Ha-
waii; (iii) the District of Columbia and an-
SOURCE: ER–929, 40 FR 42855, Sept. 17, 1975, other place in the District of Columbia; or
unless otherwise noted. (iv) a territory or possession of the United
States and another place in the same terri-
EDITORIAL NOTE: Nomenclature changes to
tory or possession; and (2) when any part of
part 298 appear at 57 FR 40103, Sept. 2, 1992. the transportation is by aircraft. NOTE: Op-
erations wholly within the geographic limits
Subpart A—General of a single State are not considered ‘‘inter-
state air transportation’’ if in those oper-
§ 298.1 Applicability of part. ations the carrier transports no more than a
de minimus volume of passengers or property
This part establishes a classification moving as part of a continuous journey to or
of air carriers known as ‘‘air taxi oper- from a point outside the State.
ators,’’ provides certain exemptions to ‘‘Foreign air transportation’’ is defined in
them from some of the economic regu- section 40102(a)(23) of the Statute as the
latory provisions of Subtitle VII of transportation of passengers or property by
aircraft as a common carrier for compensa-
Title 49 of the United States Code tion, or the transportation of mail by air-
(Transportation) and specifies proce- craft, between a place in the United States
dures by which such air carriers may and a place outside the United States when
obtain authority to conduct oper- any part of the transportation is by aircraft.
ations, and establishes rules applicable Air transportation also is defined to in-
to their operations in interstate and/or clude ‘‘the transportation of mail by air-
craft.’’ Section 5402 of the Postal Reorga-
foreign air transportation in all States, nization Act, 39 U.S.C. 5402, authorizes the
Territories and possessions of the carriage of mail by air taxi operators in
United States. This part also estab- some circumstances under contract with the
lishes reporting requirements for com- Postal Service.

253

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
§ 298.2 14 CFR Ch. II (1–1–00 Edition)

(d) Aircraft miles means the miles (consisting of minimum fuel load, oil,
(computed in airport-to-airport dis- flight crew, steward’s supplies, etc.).
tances) for each flight stage actually For purposes of this part, the allow-
completed, whether or not performed ance for the weight of the crew, oil,
in accordance with the scheduled pat- and fuel is as follows:
tern. (1) Crew—200 pounds per crew mem-
(d–1) All-cargo air carrier or section ber required under FAA regulations,
41103 carrier means an air carrier hold- (2) Oil—350 pounds,
ing an all-cargo air transportation cer- (3) Fuel—the minimum weight of fuel
tificate issued under section 41103 of required under FAA regulations for a
the Statute authorizing the transpor- flight between domestic points 200
tation by aircraft in interstate air miles apart, 4
transportation of only property or only Provided, however, That in the case of
mail, or both. aircraft for which a maximum zero fuel
(d–2) Certificated carrier means an air weight is prescribed by the FAA, 5 max-
carrier holding a certificate issued imum payload capacity means the
under section 41102 of the Statute. maximum zero fuel weight, less the
(e) Commuter air carrier means an air empty weight, less all justifiable air-
taxi operator that carries passengers craft equipment, and less the operating
on at least five round trips per week on load (consisting of minimum flight
at least one route between two or more crew, steward’s supplies, etc., but not
points according to its published flight including disposable fuel or oil).
schedules that specify the times, days (l) Mile means a statute mile, i.e.,
of the week, and places between which 5,280 feet.
those flights are performed. (m) On-line origin-destination means
(f) Departure means takeoff from an the points at which a passenger enters
airport. and leaves the system of an air carrier
(g) Flight stage means the operation on a one-way trip or on each of the di-
of an aircraft from takeoff to landing. rectional parts of a round, circle, or
(h) Large aircraft means any aircraft open-jaw trip, ignoring intermediate
designed to have a maximum passenger points of intra-line transfer.
capacity of more than 60 seats or a (n) Passengers carried means pas-
maximum payload capacity of more sengers on board each flight stage.
than 18,000 pounds. (o) Point when used in connection
(i) Maximum certificated takeoff weight with any territory or possession of the
means the maximum takeoff weight United States, or the States of Alaska
authorized by the terms of the aircraft and Hawaii, means any airport or place
airworthiness certificate. 2 where aircraft may be landed or taken
(j) Maximum passenger capacity means off, including the area within a 25-mile
the maximum number of passenger radius of such airport or place; when
seats for which an aircraft is config- used in connection with the conti-
ured. nental United States, except Alaska, it
(k) Maximum payload capacity means shall have the same meaning except be
the maximum certificated take- off limited to the area within a 3-mile ra-
weight of an aircraft, less the empty dius of such airport or place: Provided,
weight, 3 less all justifiable aircraft That for the purposes of this part, West
equipment, and less the operating load 30th Street Heliport and Pan Am Build-
ing Heliport, both located in New York
2 This weight may be found in the airplane
City, shall be regarded as separate
operating record or in the airplane flight points.
manual which is incorporated by regulation
into the airworthiness certificate. 4 Assumes VFR weather conditions and
3 Empty weight is defined in section 03 of flights not involving extended overwater op-
part 241 as follows: the weight of the airframe, erations.
engines, propellers, and fixed equipment. Empty 5 The maximum zero fuel weight is the

weight excludes the weight of the crew and pay- maximum permissible weight of an airplane
load, but includes the weight of all fixed ballast, with no disposable fuel or oil. The zero fuel
unusable fuel supply, undrainable oil, total weight figure may be found in the FAA’s
quantity of engine coolant, and total quantity type certificate data sheets, and/or in FAA-
of hydraulic fluid. approved flight manuals.

254

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
Office of the Secretary, DOT § 298.4

(p) Revenue passenger-mile means one § 298.3 Classification.
revenue passenger transported one
(a) There is hereby established a clas-
mile. Revenue passenger-miles are sification of air carriers, designated as
computed by multiplying the aircraft ‘‘air taxi operators,’’ which directly en-
miles flown on each flight stage by the gage in the air transportation of per-
number of revenue passengers carried sons or property or mail or in any com-
on that flight stage. bination of such transportation and
(q) Revenue seat-miles available means which:
the aircraft-miles flown on each flight (1) Except as provided in § 298.5, do
stage multiplied by the number of not directly or indirectly utilize large
seats available for sale on that flight aircraft in air transportation;
stage. (2) Except as provided in § 298.5, do
(r) Revenue ton-mile means one ton of not hold a certificate of public conve-
revenue traffic transported one mile. nience and necessity or economic au-
Revenue ton-miles are computed by thority issued by the Department or
multiplying the aircraft-miles flown on the CAB other than that provided by
each flight stage by the number of this part;
pounds of revenue traffic carried on (3) Have registered with the Depart-
that flight stage and converted to ton- ment in accordance with subpart C of
miles by dividing total revenue pound- this part;
miles by 2,000 pounds. (4) Have and maintain in effect liabil-
(s) Revenue ton-miles available means ity insurance coverage in compliance
the aircraft-miles flown on each flight with the requirements set forth in part
stage multiplied by the number of 205 of this chapter and have and main-
pounds of aircraft capacity available tain a current certificate of insurance
for use on that stage and converted to evidencing such coverage on file with
the Department; and
ton-miles by dividing total pound-
miles available by 2,000 pounds. (5) If operating as a commuter air
carrier or in foreign air transportation
(t) Scheduled service means transport
or participating in an interline agree-
service operated over routes pursuant
ment, have and maintain in effect and
to published flight schedules or pursu- on file with the Department a signed
ant to mail contracts with the U.S. counterpart of Agreement 18900 (OST
Postal Service. Form 4523 or OST Form 4506)) and com-
(u) Small aircraft means any aircraft ply with all other requirements of part
that is not a large aircraft, as defined 203 of this chapter.
in this section. (b) Except as provided in § 298.5, a
(v) Ton means a short ton, i.e., 2,000 person who does not observe the condi-
pounds. tions set forth in paragraph (a) of this
(w) Small certificated air carrier means section shall not be an air taxi oper-
an air carrier holding a certificate ator or commuter air carrier within
issued under section 41102 of the Stat- the meaning of this part with respect
ute that provides scheduled passenger to any operations conducted while such
air service within and between only the conditions are not being observed, and
50 States of the United States, the Dis- during such periods is not entitled to
trict of Columbia, the Commonwealth any of the exemptions set forth in this
of Puerto Rico, and the U.S. Virgin Is- part.
lands with small aircraft as defined in [ER–929, 40 FR 42855, Sept. 17, 1975, as amend-
this section. ed by ER–1039, 43 FR 1490, Jan. 10, 1978; ER–
1213, 46 FR 12478, Feb. 17, 1981; ER–1333, 48 FR
[ER–929, 40 FR 42855, Sept. 17, 1975, as amend- 8051, Feb. 25, 1983; Docket No. 47939, 57 FR
ed by ER–957, 41 FR 28512, July 12, 1976; ER– 40103, Sept. 2, 1992]
1039, 43 FR 1490, Jan. 10, 1978; ER–1123, 44 FR
30083, May 24, 1979; ER–1251, 46 FR 51374, Oct. § 298.4 Requests for statement of au-
20, 1981; ER–1251, 46 FR 53023, Oct. 28, 1981; thority.
ER–1278, 47 FR 608, Jan. 6, 1982; ER–1289, 47
FR 12949, Mar. 26, 1982; ER–1399, 50 FR 19, In any instance where an air taxi op-
Jan. 2, 1985; Docket No. 47939, 57 FR 40103, erator or commuter air carrier is re-
Sept. 2, 1992; 60 FR 43527, 43528, Aug. 22, 1995] quired by a foreign government to

255

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
§ 298.5 14 CFR Ch. II (1–1–00 Edition)

produce evidence of its authority to en- subject to the tariff-filing require-
gage in foreign air transportation ments of Chapter 415; and (2) Tariffs re-
under the laws of the United States, quired to be filed by air taxi operators
the Director, Office of Aviation Anal- or commuter air carriers which em-
ysis will, upon request, furnish the car- body the provisions of the counterpart
rier with a written statement, out- to Agreement 18900 as specified in part
lining its general operating privileges 203 of this chapter;
under this part for presentation to the (c) Section 41702, except for the re-
proper authorities of the foreign gov- quirements that air taxi operators and
ernment. commuter air carriers shall:
[ER–929, 40 FR 42855, Sept. 17, 1975, as amend- (1) Provide safe service, equipment,
ed by Docket No. 47939, 57 FR 40103, Sept. 2, and facilities in connection with air
1992] transportation;
(2) Provide adequate service insofar
§ 298.5 Dual operations—air taxi or
commuter air carrier and all-cargo as that requires them to comply with
air service. parts 252 and 382 of this chapter;
Any person having or obtaining au- (3) Observe and enforce just and rea-
thority to operate as an all-cargo air sonable joint rates, fares, and charges,
service carrier shall not thereby lose, and just and reasonable classifications,
or be disqualified from obtaining, au- rules, regulations and practices as pro-
thority under this part to engage also vided in tariffs filed jointly by air taxi
in operations as an air taxi operator or operators or commuter air carriers
commuter air carrier, regardless of the with certificated air carriers or with
size of aircraft utilized in such all- foreign air carriers; and
cargo air service operations. The oper- (4) Establish just, reasonable, and eq-
ations which such person conducts as uitable divisions of such joint rates,
an air taxi operator or commuter air fares, and charges as between air car-
carrier shall be subject to the condi- riers participating therein which shall
tions and entitled to the exemptions not unduly prefer or prejudice any of
set forth in this part, and the oper- such participating air carriers;
ations which he conducts as an all- (d) Section 41310, except that the re-
cargo air service carrier shall be sub- quirements of that subsection shall
ject to the conditions and entitled to apply to through service provided pur-
the exemptions set forth in part 291 of suant to tariffs filed jointly by air taxi
this chapter. operators or commuter air carriers
[ER–1039, 43 FR 1490, Jan. 10, 1978, as amend-
with certificated air carriers or with
ed by Docket No. 47939, 57 FR 40103, Sept. 2, foreign air carriers and to transpor-
1992] tation of the handicapped to the extent
that that is required by part 382 of this
Subpart B—Exemptions chapter;
(e) Section 41902;
§ 298.11 Exemption authority. (f) Section 41708.
Air taxi operators and commuter air [ER–929, 40 FR 42855, Sept. 17, 1975, as amend-
carriers are hereby relieved from the ed by ER–1251, 46 FR 51374, Oct. 20, 1981; ER–
following provisions of the Statute 1278, 47 FR 608, Jan. 6, 1982; ER–1295, 47 FR
only if and so long as they comply with 25936, June 16, 1982; ER–1389, 50 FR 31142, July
the provisions of this part and the con- 31, 1985; Docket No. 47939, 57 FR 40103, Sept.
ditions imposed herein, and to the ex- 2, 1992; 60 FR 43528, Aug. 22, 1995]
tent necessary to permit them to con-
duct air taxi or commuter air carrier § 298.12 [Reserved]
operations:
§ 298.13 Duration of exemption.
(a) Section 41101;
(b) Section 41504; except that the re- The exemption from any provision of
quirements of that section shall apply the Statute provided by this part shall
to: (1) Tariffs for through rates, fares, continue in effect only until such time
and charges filed jointly by air taxi op- as the Department shall find that en-
erators or commuter air carriers with forcement of that provision would be in
air carriers or with foreign air carriers the public interest, at which time the

256

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00256 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
Office of the Secretary, DOT § 298.21

exemption shall terminate or be condi- (iii) The carrier’s FAA certificate
tioned with respect to the person, class number, if any, and the address and
of persons, or service (e.g., limited- telephone number of the carrier’s local
entry foreign air transportation mar- FAA office;
ket) subject to the finding. (iv) The type of service the carrier
[ER–1278, 47 FR 608, Jan. 6, 1982, as amended will offer (scheduled passenger, sched-
at 60 FR 43528, Aug. 22, 1995] uled cargo, mail under a U.S. Postal
Service contract, on-demand pas-
Subpart C—Registration and senger, on-demand cargo, or other serv-
Reregistration for Exemption ice such as air ambulance operations,
firefighting or seasonal operations);
§ 298.21 Filing for registration by air (v) A list of the aircraft that the car-
taxi operators and commuter air rier proposes to operate, or, in the case
carriers. of an amendment to the registration,
(a) Every air taxi operator (whether the aircraft that it is currently oper-
or not he is also a commuter air carrier ating in its air taxi or commuter air
as defined in this part) who plans to carrier operations, and the aircraft
commence operations under this part type, FAA registration number and
shall register with the Department not passenger capacity of each aircraft;
later than 30 days prior to the com- (vi) For initial registration, the pro-
mencement of such operations, unless,
posed date of commencement of air
upon a showing of good cause satisfac-
taxi or commuter air carrier oper-
tory to the Director, Office of Aviation
ations;
Analysis, registration within a lesser
period of time is allowed. (vii) For amendments, whether the
(b) The registration of an air taxi op- carrier has carried passengers in for-
erator or commuter air carrier shall re- eign air transportation during the pre-
main in effect until it is amended by vious 12 months;
the carrier or canceled by the Depart- (viii) Whether the carrier is a U.S.
ment. citizen;
(c) Registration by all commuter air (2) A certificate of insurance which is
carriers, and by those air taxi opera- currently effective (or in case of initial
tors with a mailing address in any U.S. registration, is to become effective), as
State or Territory except Alaska, shall defined in part 205 of this chapter;
be accomplished by filing with the De- (3) An 8 (in the case of commuters,
partment’s Office of Aviation Analysis 670) dollar registration filing fee in the
(or with the Department’s Alaska form of a check, draft, or postal money
Aviation Field Office, 222 West Seventh order payable to the Department of
Street, Box 27, Anchorage, Alaska Transportation.
99513, for air taxi operators that are
(4) For air taxi operators that (i) are
not also commuter air carriers and
commuter air carriers, (ii) engage in
that have a mailing address in the
State of Alaska) the following: foreign air transportation, or (iii) par-
(1) OST Form 4507, executed in dupli- ticipate in an interline agreement, a
cate.6 This form shall be certified by a signed counterpart of Agreement 18900
responsible official and shall include (OST Form 4523), which may be the re-
the following information: vised registration form (OST Form
(i) The name of the carrier and its 4507)), as required by part 203 of this
mailing address; chapter. These forms can be obtained
(ii) The carrier’s principal place of from the Office of Aviation Analysis,
business, if different from its mailing Special Authorities Division.
address, and its area code and tele- (d) No air taxi operator shall provide
phone number; scheduled passenger service as a com-
muter air carrier at an eligible place
6 OST Form 4507 is filed as part of the origi- unless it has registered with the De-
nal document and can be obtained from the partment as a commuter air carrier
Office of Aviation Analysis, Special Authori- and has been found by the Department
ties Division.

257

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00257 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
§ 298.22 14 CFR Ch. II (1–1–00 Edition)

to be fit, willing, and able to conduct 222 West Seventh Avenue, Box 27, An-
such service. chorage, Alaska 99513.
(The reporting requirements contained in (The reporting requirements in paragraph (b)
paragraph (c)(2) were approved by the Office were approved by the Office of Management
of Management and Budget under control and Budget under control number 3024–0008.)
number 3024–0007. The reporting require- [ER–1213, 46 FR 12478, Feb. 17, 1981, as amend-
ments contained in paragraph (c)(1) were ap- ed at 49 FR 28240, July 11, 1984; Docket No.
proved under control number 3024–0008. The 47939, 57 FR 40103, 40104, Sept. 2, 1992]
reporting requirements contained in para-
graph (c)(4) were approved under control § 298.24 Cancellation of the registra-
number 3024–0064.) tion.
[ER–929, 40 FR 42855, Sept. 17, 1975, as amend- The registration of an air taxi oper-
ed by ER–954, 41 FR 25890, June 23, 1976; 41 FR
ator or commuter air carrier may be
27314, July 2, 1976; 41 FR 28786, July 13, 1976;
ER–1208, 46 FR 8444, Jan. 27, 1981; ER–1213, 46 canceled by the Department if any of
FR 12478, Feb. 17, 1981; ER–1318, 48 FR 3718, the following occur:
Jan. 27, 1983; ER–1333, 48 FR 8051, Feb. 25, (a) The operator notifies the Depart-
1983; 49 FR 28240, July 11, 1984; Docket No. ment that it is ceasing operations;
47939, 57 FR 40103, 40104, Sept. 2, 1992; 60 FR (b) The operator’s insurance coverage
43528, Aug. 22, 1995] changes or lapses;
(c) The operator fails to file an
§ 298.22 Processing by the Department. amended registration when required by
After examination of the Form 298–A § 298.23;
submitted by the carrier, the Depart- (d) The operator’s operating author-
ment will stamp the effective date of ization is revoked by the Federal Avia-
the registration on the form and return tion Administration;
the duplicate copy to the carrier to (e) In the case of a commuter air car-
confirm that it has registered with the rier, the Department finds that the
Department as required by this part. carrier is not fit, willing, and able to
The effective date of the registration conduct scheduled service.
shall not be earlier than the effective [ER–1213, 46 FR 12478, Feb. 17, 1981, as amend-
date of the insurance policy or policies ed by Docket No. 47939, 57 FR 40103, Sept. 2,
named in the certificate of insurance 1992]
filed by the carrier under § 298.21(c)(2).
[ER–1213, 46 FR 12478, Feb. 17, 1981, as amend- Subpart D—Limitations and Condi-
ed by Docket No. 47939, 57 FR 40104, Sept. 2, tions on Exemptions and Op-
1992] erations
§ 298.23 Notifications to the Depart- § 298.30 Public disclosure of policy on
ment of change in operations. consumer protection.
(a) An air taxi operator or commuter (a) Every air taxi and commuter air
air carrier shall submit an amendment carrier shall cause to be displayed con-
to its registration not later than 30 tinuously in a conspicuous public place
days after any of the following events: at each desk, station and position in
(1) A change in its name or address; the United States that is in charge of a
(2) A change in its type of operations person employed exclusively by it, or
(passenger, cargo, mail, scheduled, by it jointly with another person, or by
etc.); any agent employed by it to sell tick-
(3) A temporary or permanent ces- ets to passengers, a sign located so as
sation of its operations; or to be clearly visible and readable to
(4) A change in the type of aircraft the traveling public, containing a
operated. statement setting forth the air taxi
(b) An amendment shall be made by and commuter air carrier’s policy on
resubmitting OST Form 4507 to the De- baggage liability and denied boarding
partment’s Office of Aviation Analysis. compensation.
If the air taxi operator has a mailing (b) An air taxi or commuter air car-
address in the State of Alaska, the rier shall provide a written notice on
form shall be mailed to the Depart- or with a passenger’s ticket concerning
ment’s Alaska Aviation Field Office, baggage liability as provided in § 254.5

258

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
Office of the Secretary, DOT § 298.38

of this chapter. These ticket notices it is registered with the Department
are required only for passengers whose under this part.
ticket includes a flight segment that (b) Slogans shall not be considered
uses large aircraft (more than 60 seats). names for the purposes of this section,
(c) If the substantive terms of the and their use is not restricted hereby.
counter sign and ticket notice required (c) Commuter air carriers are subject
by this section differ, the terms con- to the provisions of part 215 of this
tained in the required ticket notice chapter with regard to the use and
govern. change of air carrier names.
(d) Neither the provisions of this sec-
(Approved by the Office of Management and tion nor the grant of a permission here-
Budget under control number 3024–0074) under shall be deemed to constitute a
[ER–1378, 49 FR 14086, Apr. 10, 1984, as amend- finding for purposes other than for this
ed at 49 FR 28240, July 11, 1984; Docket No. section, or to effect a waiver of, or ex-
47939, 57 FR 40103, Sept. 2, 1992] emption from, any provisions of the
Act or orders, rules or regulations
§ 298.31 Scope of service and equip- issued thereunder.
ment authorized.
[ER–929, 40 FR 42855, Sept. 17, 1975, as amend-
Nothing in this part shall be con- ed at 53 FR 17924, May 19, 1988; Docket No.
strued as authorizing the operation of 47939, 57 FR 40103, 40104, Sept. 2, 1992; 60 FR
large aircraft in air transportation, 43528, Aug. 22, 1995]
and the exemption provided by this
part to air taxi operators and com- § 298.37 Prohibition of services not
muter air carriers that register with covered by insurance.
the Department extends only to the di- An air taxi operator or commuter air
rect operation in air transportation in carrier shall not operate in air trans-
accordance with the limitations and portation or provide or offer to provide
conditions of this part of aircraft de- air transportation unless there is in ef-
signed to have a maximum passenger fect liability insurance which covers
capacity of 60 seats or less or a max- such transportation and which is evi-
imum payload capacity of 18,000 pounds denced by a current certificate of in-
or less. surance on file with the Department as
required by part 205 of this chapter.
[ER–1213, 46 FR 12478, Feb. 17, 1981, as amend-
ed by Docket No. 47939, 57 FR 40103, Sept. 2, [ER–929, 40 FR 42855, Sept. 17, 1975, as amend-
1992] ed by Docket No. 47939, 57 FR 40103, 40104,
Sept. 2, 1992]
§§ 298.32–298.34 [Reserved]
§ 298.38 Security arrangements for op-
§ 298.35 Limitations on carriage of erating Public Charters.
mail. When an air taxi operator or com-
An air taxi operator or commuter air muter air carrier performs a Public
carrier is not authorized to carry mail Charter under part 380 of this chapter,
except pursuant to contract with the either:
Postal Service entered into pursuant to (a) The air taxi operator or com-
section 5402 of the Postal Reorganiza- muter air carrier shall meet the bond-
tion Act (39 U.S.C. 5402). ing or escrow requirements applicable
to certificated carriers as set forth in
[Docket No. 47939, 57 FR 40104, Sept. 2, 1992] § 207.17 of this chapter; or
(b) The air taxi operator or com-
§ 298.36 Limitation on use of business muter air carrier shall ensure that it
name. does not receive any payments for the
(a) An air taxi operator or commuter charter until after the charter has been
air carrier in holding out to the public completed. In this case, its contracts
and in performing its services in air with the charter operator and the char-
transportation shall do so only in the ter operator’s depository bank, if any,
name or names in which its air carrier shall state that the charter operator or
certificate is issued pursuant to section bank, as applicable, shall retain con-
44702 of the Statute by the Federal trol of and responsibility for all partic-
Aviation Administration, and in which ipant funds intended for payment for

259

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
§ 298.60 14 CFR Ch. II (1–1–00 Edition)

air transportation until after the char- (b) Schedules A–1 and T–1 shall be
ter has been completed, notwith- filed quarterly as set forth in § 298.60.
standing any provision of part 380. (c) Each carrier shall indicate in the
space provided its full corporate name
[ER–1140, 44 FR 49444, Aug. 23, 1979, as amend-
ed by Docket No. 47939, 57 FR 40103, Sept. 2, and the quarter for which the report is
1992] filed.
(d) The information included in this
report shall pertain only to flights per-
Subpart E [Reserved] formed in scheduled passenger service
during the quarter for which the report
Subpart F—Reporting is filed.
Requirements (e) Schedule A–1 shall be used to re-
port the total flight and traffic statis-
§ 298.60 General reporting instruc- tics in scheduled passenger operations
tions.
by commuter air carriers and small
(a) Each commuter air carrier and certificated air carriers. These statis-
each small certificated air carrier shall tics should cover only scheduled pas-
file with the Department’s Bureau of senger services and should be compiled
Transportation Statistics (BTS) the in accordance with the instructions
applicable schedules of BTS Form 298-C below. All statistics shall be reported
‘‘Report of Financial and Operating in whole numbers; do not use decimals.
Statistics for Small Aircraft Opera- (f) Schedule T–1 shall show the total
tors’’ as required in this section. on-line origin and destination traffic in
(b) A single copy of the BTS Form scheduled passenger services for the pe-
298–C report be filed quarterly with the riod as follows:
Office of Airline Information for the (1) Each pair of origin and destina-
periods ended March 31, June 30, Sep- tion airports shall appear only once,
tember 30 and December 31 of each year i.e., no entry shall have the same origin
to be received on or before May 10, Au- and destination airports as another
gust 10, and February 10, respectively. entry. For example, DAL–HOU and
Due dates falling on a Saturday, Sun- HOU–DAL would each appear once, but
day or national holiday will become ef- either DAL or HOU could reappear
fective on the first following working with any other point.
day. (2) The origin and destination data
(c) All reports should be addressed as shall be for the on-line movement of
follows: Office of Airline Information, traffic rather than for flight stages or
K–25, Room 4125, U.S. Department of flight origin and destination. For ex-
Transportation, 400 Seventh St., SW., ample, if a flight operates from A to B
Washington, DC 20590. to C with 5 passengers enplaning at A,
(d) All information included in BTS 1 deplaning and 2 enplaning at B, and 6
Form 298–C schedules shall be typed or deplaning at C, the applicable pas-
neatly printed. senger data would be reported as fol-
(e) BTS Form 298–C schedules can be lows:
obtained from the above address or by
Destination Number of pas-
telephone (202) 366–9059. Origin airport airport sengers
[ER–1399, 50 FR 19, Jan. 2, 1985, as amended A .......................................... B 1
by Docket No. 47939, 57 FR 40104, Sept. 2, 1992; A .......................................... C 4
60 FR 66726, Dec. 26, 1995] B .......................................... C 2

§ 298.61 Reporting of traffic statistics (3) Only the ultimate origins and des-
for scheduled passenger operations. tinations of the traffic moving on the
(a) Each commuter air carrier and reporting carrier’s system shall be re-
each small certificated air carrier shall ported. Using the example given above,
file BTS Form 298–C, Schedule A–1, the traffic report would remain the
‘‘Report of Flight and Traffic Statis- same, even if the carrier operated one
tics in Scheduled Passenger Oper- flight from A to B and a different flight
ations’’ and Schedule T–1, ‘‘Report of from B to C, as long as the passengers’
Revenue Traffic by On-Line Origin and on-line origins and destinations re-
Destination.’’ mained the same.

260

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00260 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
Office of the Secretary, DOT § 298.62

(4) Only one grand total shall be (b) Each carrier shall indicate in the
shown in the space provided after the space provided, its full corporate name
final traffic entry. Do not use sub- and the quarter for which the report is
totals. filed.
(5) Columns (1) and (2) shall show the (c) This schedule shall be used to re-
airport codes for the movement of traf- port financial data for the overall or
fic from the point of origin to the point system operations of the carrier. At
of destination. Carriers shall use the the option of the carrier, the data may
airport codes in the Official Airline be reported in whole dollars by drop-
Guide (OAG). If an airport cannot be ping the cents. Financial data shall be
found in the OAG, the carrier shall, reported in the following categories:
until otherwise instructed by the De- (1) Line 1 ‘‘Total Operating Reve-
partment, insert its own code for the nues’’ shall include gross revenues ac-
airport in column (1) or (2) followed by cruing from services ordinarily associ-
an asterisk, and shall identify the air- ated with air transportation and air
port and its location in the space pro- transportation-related services. This
vided. category shall include revenue derived
(6) Column (3) shall show the total from scheduled service operations, rev-
number of revenue passengers trans- enue derived from nonscheduled service
ported from the point of on-line origin operations, amounts of compensation
to the point of on-line destination. paid to the carrier under section 41732
(7) Columns (4) and (5) shall be com- of the Statute and other transport-re-
pleted only by intra-Alaskan carriers, lated revenue such as in-flight sales,
and shall reflect the total pounds of restaurant and food service (ground),
cargo and pounds of mail, respectively, rental of property or equipment, lim-
transported from the point of on-line ousine service, cargo pick-up and deliv-
origin to the point of on-line destina- ery charges, and fixed-base operations
tion. involving the selling or servicing of
(g) The information requested in BTS aircraft, flying instructions, charter
Form 298–C may be submitted on any flights, etc.
comparable form prepared on auto- (2) Line 2 ‘‘Total Operating Ex-
matic data processing equipment if the penses’’ shall include expenses of a
substitute form has been approved by character usually and ordinarily in-
the Director, Office of Airline Informa- curred in the performance of air
tion, Department of Transportation, transporation and air transportation
Washington, D.C. 20590. Data in any ap- services. This category shall include
proved format shall contain the same expenses incurred: directly in the in-
column headings arranged in the same flight operation of aircraft; in the hold-
sequence as in RSPA Form 298–C. ing of aircraft and aircraft personnel in
(h) Commuter air carriers serving or readiness for assignment to an in-flight
proposing to serve an eligible point status; on the ground in controlling
shall comply with the applicable re- and protecting the in-flight movement
quirements in part 204 of this chapter. of aircraft; landing, handling or serv-
(Approved by the Office of Management and icing aircraft on the ground; selling
Budget under control number 2138–0009) transportation; servicing and handling
traffic; promoting the development of
[ER–1148, 44 FR 51799, Sept. 5, 1979, as amend-
ed by ER–1208, 46 FR 8444, Jan. 17, 1981; ER– traffic; and administering operations
1289, 47 FR 12949, Mar. 26, 1982; 49 FR 28240, generally. This category shall also in-
July 11, 1984; ER–1399, 50 FR 19, Jan. 2, 1985; clude expenses which are specifically
Docket No. 47939, 57 FR 40104, Sept. 2, 1992; 60 identifiable with the repair and upkeep
FR 66726, Dec. 26, 1995] of property and equipment used in the
performance of air transportation, all
§ 298.62 Reporting of financial data. depreciation and amortization ex-
(a) Each commuter air carrier and penses applicable to property and
each small certificated air carrier shall equipment used in providing air trans-
file BTS Form 298–C, Schedule F–1 ‘‘Re- portation services, all expenses associ-
port of Financial Data.’’ This report ated with the transport-related reve-
shall be filed quarterly as set forth in nues included on line 1 of this schedule,
§ 298.60 of this part. and all other expenses not specifically

261

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00261 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
§ 298.63 14 CFR Ch. II (1–1–00 Edition)

mentioned which are related to trans- report shall be for the overall or sys-
port operations. Interest expense and tem operations of the air carrier.
other nonoperating expenses attrib- (b) Each carrier shall indicate in the
utable to financing or other activities space provided its full corporate name
which are extraneous to and not an in- and the quarter for which the report is
tegral part of air transportation or its filed.
incidental services shall not be in- (c) This schedule shall show the di-
cluded in this category. rect and indirect expenses incurred in
(3) Line 3 ‘‘Net Income or (Loss)’’ aircraft operations. Direct expense
shall reflect all operating and nonop- data applicable to each aircraft type
erating items of profit and loss recog- operated by the carrier shall be re-
nized during the period except for prior ported in separate columns of this
period adjustments. schedule. Each aircraft type reported
(4) Line 4 ‘‘Passenger Revenues- shall be identified at the head of each
Scheduled Service’’ shall include rev- column in the space provided for ‘‘Air-
enue generated from the transpor- craft Type.’’ ‘‘Aircraft Type’’ refers to
tation of passengers between pairs of aircraft models such as Beech–18, Piper
points which are served on a regularly PA–32, etc. Aircraft Type designations
scheduled basis. are prescribed in the Accounting and
(d) Data reported on this form shall Reporting Directives, which is available
be withheld from public release for a from the BTS’ Office of Airline Infor-
period of 3 years after the close of the mation. In the space provided for ‘‘Air-
calendar quarter to which the report craft Code’’ carriers shall insert the
relates. Individual carrier financial three digit code prescribed in the Ac-
data withheld from public disclosure counting and Reporting Directives for the
may be disclosed by the Department reported aircraft type. (NOTE: Aircraft
to: of the same type but different cabin
(1) Parties to any proceeding before configuration may be grouped into a
the Department to the extent such ma- single classification; therefore, carriers
terial is relevant and material to the are not required to report the fourth
issues in the proceeding upon a deter- digit of an aircraft code indicating
mination to this effect by the adminis- cabin configuration.)
trative law judge assigned to the case (d) Line 1 Direct aircraft operating
or by the Department; expenses shall be reported in the fol-
(2) Such persons and in such cir- lowing categories:
cumstances as the Department deter- (1) Line 2 ‘‘Flying Operations (Less
mines to be in the public interest or Rental)’’ shall be subdivided as follows:
consistent with its regulatory func- (i) Line 3 ‘‘Pilot and Copilot’’ expense
tions and responsibilities; and shall include pilots’ and copilots’ sala-
(3) Agencies and other components of ries, and related employee benefits,
the Federal Government for their in- pensions, payroll taxes and personnel
ternal use only. Aggregate data that expenses.
does not identify individual carriers (ii) Line 4 ‘‘Aircraft Fuel and Oil’’ ex-
may be released prior to the aforemen- pense shall include the cost of fuel and
tioned time. oil used in flight operations and non-
refundable aircraft fuel and oil taxes.
[ER–1399, 50 FR 20, Jan. 2, 1985, as amended
by 53 FR 48528, Dec. 1, 1988; 60 FR 43528, Aug. (iii) Line 5 ‘‘Other’’ expenses shall in-
22, 1995; 60 FR 66726, Dec. 26, 1995] clude general (hull) insurance, and all
other expenses incurred in the in-flight
§ 298.63 Reporting of aircraft oper- operation of aircraft and holding of air-
ating expenses and related statis- craft and aircraft operational per-
tics by small certificated air car- sonnel in readiness for assignment to
riers. an in-flight status, which are not pro-
(a) Each small certificated air carrier vided for otherwise on this schedule.
shall file BTS Form 298–C, Schedule F– (2) Line 6 ‘‘Total Flying Operations
2 ‘‘Report of Aircraft Operating Ex- (Less Rentals)’’ shall equal the sum of
penses and Related Statistics.’’ This lines 3, 4 and 5.
schedule shall be filed quarterly as pre- (3) Line 7 ‘‘Maintenance-Flight
scribed in § 298.60. Data reported on this Equipment’’ shall include the cost of

262

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
Office of the Secretary, DOT § 298.64

labor, material and related overhead (g) Line 16 ‘‘Total Operating Ex-
expended by the carrier to maintain pense’’ shall equal the sum of lines 9
flight equipment, general services pur- and 15.
chased for flight equipment mainte- (h) Line 17 ‘‘Total Block Hours (Rev-
nance from associated or other outside enue Service)’’ shall be computed from
companies, and provisions for flight the time an aircraft first moves under
equipment overhauls. its own power for the purposes of flight
(4) Line 8 ‘‘Depreciation and Rental- in revenue service until it comes to
Flight Equipment’’ expense shall in- rest at the next point of landing. Data
clude depreciation of flight equipment, shall be reported by individual aircraft
amortization of capitalized leases for type and total.
flight equipment, provision for obsoles- (i) Line 18 ‘‘Total Departures (Rev-
cence and deterioration of spare parts, enue Service)’’ shall include total take-
and rental expense of flight equipment. offs in revenue service by individual
(5) Line 9 ‘‘Total Direct Expense’’ aircraft type and total.
shall equal the sum of lines 6, 7 and 8. (j) Line 19 ‘‘Total Gallons of Fuel
(e) Line 10 Indirect aircraft operating Issued’’ shall include the gallons of fuel
used in flight operations related to fuel
expenses shall be reported only in total
cost reported in total and by aircraft
for all aircraft types and shall be seg-
type on Line 4.
regated according to the following cat-
egories: [ER–1399, 50 FR 20, Jan. 2, 1985, as amended
(1) Line 11 ‘‘Flight Attendant Ex- by Docket No. 47939, 57 FR 40104, Sept. 2, 1992;
pense’’ shall include flight attendants’ 60 FR 66726, Dec. 26, 1995]
salaries, and related employee benefits,
§ 298.64 Reporting of nonscheduled
pensions, payroll taxes and personnel passenger enplanements by small
expenses. certificated air carriers.
(2) Line 12 ‘‘Traffic Related Expense’’
(a) Each small certificated air carrier
shall include traffic solicitor salaries,
shall file BTS Form 298–C, Schedule E–
traffic commissions, passenger food ex-
1 ‘‘Report of Nonscheduled Passenger
pense, traffic liability insurance, ad- Enplanements by Small Certificated
vertising and other promotion and pub- Air Carriers.’’ This schedule shall be
licity expenses, and the fringe benefit filed quarterly as prescribed in § 298.60.
expenses related to all salaries in this
(b) Each carrier shall indicate in the
classification. space provided its full corporate name
(3) Line 13 ‘‘Departure Related (Sta- and the quarter for which the report is
tion) Expense’’ shall include aircraft filed.
and traffic handling salaries, landing (c) Enplaned passenger data shall be
fees, clearance, customs and duties, re- provided for each airport served in non-
lated fringe benefit expenses and main- scheduled service. Nonscheduled serv-
tenance and depreciation on ground ice includes charter flights and other
property and equipment. transportation services not consti-
(4) Line 14 ‘‘Capacity Related Ex- tuting an integral part of services per-
pense’’ shall include salaries and fringe formed pursuant to published flight
benefits for general management per- schedules, but does not include flights
sonnel, recordkeeping and statistical performed as extra sections to pub-
personnel, lawyers and law clerks, and lished flight schedules.
purchasing personnel; legal fees and ex- (d) In column 1, carriers shall report
penses; stationery; printing; the full name of each airport served in
uncollectible accounts; insurance pur- nonscheduled service.
chased-general; memberships; cor- (e) In column 2, carriers shall report
porate and fiscal expenses; and all the three-letter airport code found in
other expenses which cannot be identi- the ‘‘Official Airline Guide’’ (OAG). If
fied or allocated to some other specifi- the OAG contains no three-letter code
cally identified indirect cost category. for a point served by the carrier, a
(f) Line 15 ‘‘Total Indirect Expense’’ three-letter code will be provided by
shall equal the sum of lines 11, 12, 13 the BTS’ Office of Airline Information
and 14. upon request.

263

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00263 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T
§ 298.65 14 CFR Ch. II (1–1–00 Edition)

(f) In column 3, carriers shall report § 298.66 Reporting exemption for State
the total nonscheduled passengers en- collection of data.
planed at each airport reported in col-
(a) The Office of Airline Information
umn 1. This column shall be totaled.
may exempt a commuter air carrier
[ER–1399, 50 FR 21, Jan. 2, 1985, as amended from the reporting requirements of
by Docket No. 47939, 57 FR 40104, Sept. 2, 1992; § 298.61 of this part if a State govern-
60 FR 66726, Dec. 26, 1995]
ment collects the information specified
§ 298.65 Requests for extensions of in that section and provides it to the
time within which to file reports or Department by the dates specified. The
for waivers from reporting require- data provided to the Department in
ments. this manner must be at least as reli-
(a) If circumstances prevent the fil- able as if they were collected by the
ing of BTS Form 298–C on or before the Department directly.
due date, a written request for an ex- (b) The Office of Airline Information
tension may be submitted. Except in will provide assistance to any State
cases of emergency, the request must agency interested in participating in
be delivered to the BTS’s Office of Air- this exemption program.
line Information in writing at least
three days in advance of the due date. [ER–1399, 50 FR 21, Jan. 2, 1985, as amended
The request must state good and suffi- by Docket No. 47939, 57 FR 40104, Sept. 2, 1992;
cient reason to justify the granting of 60 FR 66726, Dec. 26, 1995]
the extension and the date when the re-
ports can be filed. If the request is de- Subpart G [Reserved]
nied, the air carrier remains subject to
the filing requirements to the same ex-
tent as if no request for extension of
Subpart H—Violations
time had been made. § 298.80 Enforcement.
(b) The Office of Airline Information
may waive any reporting requirements In case of any violation of the provi-
contained in § 298.61, § 298.62, § 298.63 and sions of the Statute, or this part, or
§ 298.64 of this part, upon its own initia- any other rule, regulation, or order
tive or upon written request from any issued under the Statute, the violator
air carrier if the waiver is in the public may be subject to a proceeding pursu-
interest and the request demonstrates ant to section 46101 of the Statute be-
that: fore the Department, or sections 46106
(1) Unusual circumstances warrant through 46108 of the Statute before a
such a departure; U.S. District Court, as the case may be,
(2) A specifically defined alternative to compel compliance therewith; or to
procedure or technique will result in a civil penalties pursuant to the provi-
substantially equivalent or more accu- sions of section 46301 of the Statute; or,
rate portrayal; and
in the case of a willful violation, to
(3) The application of the alternative
procedure will maintain or improve criminal penalties pursuant to the pro-
uniformity in reporting between air visions of section 46316 of the Statute;
carriers. or other lawful sanctions including rev-
ocation of operating authority.
[ER–1399, 50 FR 21, Jan. 2, 1985, as amended
by Docket No. 47939, 57 FR 40104, Sept. 2, 1992; [ER–929, 40 FR 42855, Sept. 17, 1975, as amend-
60 FR 66726, Dec. 26, 1995] ed at 60 FR 43528, Aug. 22, 1995]

264

VerDate 27<JAN>2000 21:08 Feb 16, 2000 Jkt 190042 PO 00000 Frm 00264 Fmt 8010 Sfmt 8010 Y:\SGML\190042T.XXX pfrm02 PsN: 190042T