Part 298—exemptions For Air

Office of the Secretary, DOT

Pt. 298

(f) The Department finds that it is in
the public interest to do so.
[ER–1159, 44 FR 69635, Dec. 4, 1979, as amended by ER–1294, 47 FR 19685, May 7, 1982]

Subpart D—General Rules for
Foreign Indirect Air Carriers
§ 297.30 Public disclosure of cargo liability insurance.
Every foreign air freight forwarder
shall give notice in writing to the shipper, when any shipment is accepted, of
the limits of its cargo liability insurance, or of the absence of such insurance, and the limits of its liability, if
any. The notice shall be included clearly and conspicuously on all of its rate
sheets and airwaybills, and on any
other documentation that is given to a
shipper at the time of acceptance of
the shipment.
§ 297.31 Preparation of airwaybills and
manifests.
(a) Each registered foreign indirect
air carrier shall prepare an accurate
airwaybill describing completely all
services rendered to or on behalf of the
shipper, including the conditions under
which the contract will be completed,
in its capacity as a foreign indirect air
carrier. A copy of the airwaybill shall
be given to the consignor and to the
consignee.
(b) Each registered foreign indirect
air carrier shall prepare an accurate
manifest showing every individual
shipment included in each shipment
consigned for transportation to a direct air carrier.
(c) A waiver of paragraph (a) of this
section may be granted by the Department upon a written application by the
foreign indirect air carrier not less
than 30 days before the shipment to
which it relates is transported, if the
waiver is in the public interest, and is
warranted by special or unusual circumstances.

Subpart E [Reserved]
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Subpart F—Violations
§ 297.50 Enforcement.
In case of any violation of any of the
provisions of the Statute, or this part,

or any other rule, regulation or order
issued under the Statute, the violator
may be subject to a proceeding under
section 46101 of the Statute before the
Department, or sections 46106 through
46108 of the Statute before a U.S. District Court, as the case may be, to
compel to compliance; or to civil penalties under the provisions of section
46301 of the Statute; or in the case of
willful violation, to criminal penalties
under the provisions of section 46316 of
the Statute; or other lawful sanctions
including cancellation of registration.
[ER–1159, 44 FR 69635, Dec. 4, 1979, as amended at 60 FR 43527, Aug. 22, 1995]

PART 298—EXEMPTIONS FOR AIR
TAXI AND COMMUTER AIR CARRIER OPERATIONS
Subpart A—General
Sec.
298.1
298.2
298.3
298.4

Applicability of part.
Definitions.
Classification.
Requests for statement of authority.

Subpart B—Exemptions
298.11
298.12

Exemption authority.
Duration of exemption.

Subpart C—Registration for Exemption by
Air Taxi Operators
298.21 Filing for registration by air taxi operators.
298.22 Processing by the Department.
298.23 Notifications to the Department of
change in operations.
298.24 Cancellation of the registration.

Subpart D—Limitations and Conditions on
Exemptions and Operations
298.30 Public disclosure of policy on consumer protection.
298.31 Scope of service and equipment authorized.
298.32 Limitations on operations to eligible
places.
298.33 Security requirements
298.34 [Reserved]
298.35 Limitations on carriage of mail.
298.36 Limitations on use of business name.
298.37 Prohibition of services not covered by
insurance.
298.38 Financial security arrangements for
operating Public Charters.

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§ 298.1

14 CFR Ch. II (1–1–14 Edition)

Subpart E—Commuter Air Carrier
Authorizations
298.50 Applications.
298.51 Processing by the Department.
298.52 Air taxi operations by commuter air
carriers.
298.53 Suspension or revocation of authority.

Subpart F—Reporting Requirements
298.60 General reporting instructions.
298.61 Reporting of traffic statistics.
298.62 Reporting of financial data.
298.63 Reporting of aircraft operating expenses and related statistics by small
certificated air carriers.
298.65 Requests for extensions of time within which to file reports or for waivers
from reporting requirements.
298.66 Reporting exemption for State collection of data.

Subpart G—Public Disclosure of Data
298.70

Public disclosure of data.

Subpart H—Violations
298.80

Enforcement.

AUTHORITY: 49 U.S.C. 329 and chapters
41102, 41708, and 41709.
SOURCE: ER–929, 40 FR 42855, Sept. 17, 1975,
unless otherwise noted. Subparts A through
E were revised at 70 FR 25768, May 16, 2005.

Subpart A—General
§ 298.1

Applicability of part.

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This part establishes classifications
of air carriers known as ‘‘air taxi operators’’ and ‘‘commuter air carriers,’’
provides certain exemptions to them
from some of the economic regulatory
provisions of Subtitle VII of Title 49 of
the United States Code (Transportation), specifies procedures by which
such air carriers may obtain authority
to conduct operations, and establishes
rules applicable to their operations in
interstate and/or foreign air transportation in all States, Territories and
possessions of the United States. This
part also establishes reporting requirements for commuter air carriers and
small certificated air carriers.
§ 298.2

Definitions.

As used in this part:
Air taxi operator means an air carrier
as established by § 298.3(a).

Air transportation means interstate
air transportation, foreign air transportation, or the transportation of
mail by aircraft as defined by the Statute. 1
Aircraft-hours means the airborne
hours of aircraft computed from the
moment an aircraft leaves the ground
until it touches the ground at the end
of a flight stage.
Aircraft miles means the miles (computed in airport-to-airport distances)
for each flight stage actually completed, whether or not performed in accordance with the scheduled pattern.
Certificated air carrier means an air
carrier holding a certificate issued
under section 41102 of the Statute.
Citizen of the United States means:
(1) An individual who is a citizen of
the United States;
1 Interstate air transportation is defined in
section 40102(a)(25) as the transportation of
passengers or property by aircraft as a common carrier for compensation, or the transportation of mail by aircraft (1) between a
place in (i) a State, territory, or possession
of the United States and a place in the District of Columbia or another State, territory, or possession of the United States; (ii)
Hawaii and another place in Hawaii through
the airspace over a place outside Hawaii; (iii)
the District of Columbia and another place
in the District of Columbia; or (iv) a territory or possession of the United States and
another place in the same territory or possession; and (2) when any part of the transportation is by aircraft. NOTE: Operations
wholly within the geographic limits of a single State are not considered interstate air
transportation if in those operations the carrier transports no more than a de minimis
volume of passengers or property moving as
part of a continuous journey to or from a
point outside the State.
Foreign air transportation is defined in
section 40102(a)(23) of the Statute as the
transportation of passengers or property by
aircraft as a common carrier for compensation, or the transportation of mail by aircraft, between a place in the United States
and a place outside the United States when
any part of the transportation is by aircraft.
Air transportation also is defined to include the transportation of mail by aircraft.
Section 5402 of the Postal Reorganization
Act, 39 U.S.C. 5402, authorizes the carriage of
mail by air taxi operators and commuter air
carriers in some circumstances under contract with the U.S. Postal Service.

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Office of the Secretary, DOT

§ 298.2

(2) A partnership each of whose partners is an individual who is a citizen of
the United States; or
(3) A corporation or association organized under the laws of the United
States or a state, the District of Columbia, or a territory or possession of
the United States, of which the president and at least two-thirds of the
board of directors and other managing
officers are citizens of the United
States, which is under the actual control of citizens of the United States,
and in which at least 75 percent of the
voting interest is owned or controlled
by persons that are citizens of the
United States.
Commuter air carrier means an air carrier as established by § 298.3(b) that carries passengers on at least five round
trips per week on at least one route between two or more points according to
its published flight schedules that
specify the times, days of the week,
and places between which those flights
are performed.
Departure means takeoff from an airport.
Eligible place means a place in the
United States that—
(1)(i) Was an eligible point under section 419 of the Federal Aviation Act of
1958 as in effect before October 1, 1988;
(ii) Received scheduled air transportation at any time after January 1,
1990; and
(iii) Is not listed in Department of
Transportation Orders 89–9–37 and 89–
12–52 as a place ineligible for compensation under Subchapter II of Chapter 417 of the Statute; or
(2) Was determined, on or after October 1, 1988, and before the date of the
enactment of the Wendell H. Ford
Aviation Investment and Reform Act
for the 21st Century, by the Department to be eligible to receive subsidized small community air service
under section 41736(a) of the Statute.
Flight stage means the operation of an
aircraft from takeoff to landing.
Large aircraft means any aircraft
originally designed to have a maximum
passenger capacity of more than 60
seats or a maximum payload capacity
of more than 18,000 pounds.
Maximum certificated takeoff weight
means the maximum takeoff weight

authorized by the terms of the aircraft
airworthiness certificate. 2
Maximum passenger capacity means
the maximum number of passenger
seats for which an aircraft is configured.
Maximum payload capacity means: (1)
The maximum certificated take-off
weight of an aircraft, less the empty
weight,3 less all justifiable aircraft
equipment, and less the operating load
(consisting of minimum fuel load, oil,
flight crew, steward’s supplies, etc.).
For purposes of this part, the allowance for the weight of the crew, oil,
and fuel is as follows:
(i) Crew—200 pounds per crew member required under FAA regulations,
(ii) Oil—350 pounds,
(iii) Fuel—the minimum weight of
fuel required under FAA regulations
for a flight between domestic points 200
miles apart, 4
(2) Provided, however, That in the case
of aircraft for which a maximum zero
fuel weight is prescribed by the FAA, 5
maximum payload capacity means the
maximum zero fuel weight, less the
empty weight, less all justifiable aircraft equipment, and less the operating
load (consisting of minimum flight
crew, steward’s supplies, etc., but not
including disposable fuel or oil).
Mile means a statute mile, i.e., 5,280
feet.
Nonrevenue passenger means a person
traveling free or under token charges,
except those expressly named in the
2 This weight may be found in the airplane
operating record or in the airplane flight
manual, which is incorporated by regulation
into the airworthiness certificate.
3 Empty weight is defined in section 03 of
part 241 as follows: the weight of the airframe, engines, propellers, and fixed equipment. Empty weight excludes the weight of
the crew and payload, but includes the
weight of all fixed ballast, unusable fuel supply, undrainable oil, total quantity of engine
coolant, and total quantity of hydraulic
fluid.
4 Assumes VFR weather conditions and
flights not involving extended overwater operations.
5 The maximum zero fuel weight is the
maximum permissible weight of an airplane
with no disposable fuel or oil. The zero fuel
weight figure may be found in the FAA’s
type certificate data sheets, and/or in FAAapproved flight manuals.

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§ 298.2

14 CFR Ch. II (1–1–14 Edition)

definition of revenue passenger; a person traveling at a fare or discount
available only to employees or authorized persons of air carriers or their
agents or only for travel on the business of the carriers; and an infant who
does not occupy a seat. (This definition
is for 14 CFR part 298 traffic-reporting
purposes and may differ from the definitions used in other parts by the Federal Aviation Administration and the
Transportation Security Administration for the collection of Passenger Facility Charges and Security Fees.) The
definition includes, but is not limited
to, the following examples of passengers when traveling free or pursuant to token charges:
(1) Directors, officers, employees, and
others authorized by the air carrier operating the aircraft;
(2) Directors, officers, employees, and
others authorized by the air carrier or
another carrier traveling pursuant to a
pass interchange agreement;
(3) Travel agents being transported
for the purpose of familiarizing themselves with the carrier’s services;
(4) Witnesses and attorneys attending
any legal investigation in which such
carrier is involved;
(5) Persons injured in aircraft accidents, and physicians, nurses, and others attending such persons;
(6) Any persons transported with the
object of providing relief in cases of
general epidemic, natural disaster, or
other catastrophe;
(7) Any law enforcement official, including any person who has the duty of
guarding government officials who are
traveling on official business or traveling to or from such duty;
(8) Guests of an air carrier on an inaugural flight or delivery flights of
newly-acquired or renovated aircraft;
(9) Security guards who have been assigned the duty to guard such aircraft
against unlawful seizure, sabotage, or
other unlawful interference;
(10) Safety inspectors of the National
Transportation Safety Board or the
FAA in their official duties or traveling to or from such duty;
(11) Postal employees on duty in
charge of the mails or traveling to or
from such duty;
(12) Technical representatives of
companies that have been engaged in

the manufacture, development or testing of a particular type of aircraft or
aircraft equipment, when the transportation is provided for the purpose of inflight observation and subject to applicable FAA regulations;
(13) Persons engaged in promoting air
transportation;
(14) Air marshals and other Transportation Security officials acting in their
official capacities and while traveling
to and from their official duties; and
(15) Other authorized persons, when
such transportation is undertaken for
promotional purpose.
Passengers carried means passengers
on board each flight stage.
Point when used in connection with
any territory or possession of the
United States, or the States of Alaska
and Hawaii, means any airport or place
where aircraft may be landed or taken
off, including the area within a 25-mile
radius of such airport or place; when
used in connection with the continental United States, except Alaska, it
shall have the same meaning except be
limited to the area within a 3-mile radius of such airport or place: Provided,
That for the purposes of this part, West
30th Street Heliport and Pan Am Building Heliport, both located in New York
City, shall be regarded as separate
points.
Reporting carrier for Schedule T–100
purposes means the air carrier in operational control of the flight, i.e., the
carrier that uses its flight crews under
its own FAA operating authority.
Revenue passenger means a passenger
for whose transportation an air carrier
receives commercial remuneration.
(This definition is for 14 CFR part 298
traffic-reporting purposes and may differ from the definitions used in other
parts by the Federal Aviation Administration and the Transportation Security Administration for the collection
of Passenger Facility Charges and Security Fees.) This includes, but is not
limited to, the following examples:
(1) Passengers traveling under publicly available tickets including promotional offers (for example two-forone) or loyalty programs (for example,
redemption of frequent flyer points);
(2) Passengers traveling on vouchers
or tickets issued as compensation for

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Office of the Secretary, DOT

§ 298.3

denied boarding or in response to consumer complaints or claims;
(3) Passengers traveling at corporate
discounts;
(4) Passengers traveling on preferential fares (Government, seamen,
military, youth, student, etc.);
(5) Passengers traveling on barter
tickets; and
(6) Infants traveling on confirmedspace tickets.
Revenue passenger-mile means one revenue passenger transported one mile.
Revenue passenger-miles are computed
by multiplying the aircraft miles flown
on each flight stage by the number of
revenue passengers carried on that
flight stage.
Revenue seat-miles available means the
aircraft-miles flown on each flight
stage multiplied by the number of
seats available for sale on that flight
stage.
Revenue ton-mile means one ton of
revenue traffic transported one mile.
Revenue ton-miles are computed by
multiplying the aircraft-miles flown on
each flight stage by the number of
pounds of revenue traffic carried on
that flight stage and converted to tonmiles by dividing total revenue poundmiles by 2,000 pounds.
Revenue ton-miles available means the
aircraft-miles flown on each flight
stage multiplied by the number of
pounds of aircraft capacity available
for use on that stage and converted to
ton-miles by dividing total poundmiles available by 2,000 pounds.
Scheduled service means transport
service operated over routes pursuant
to published flight schedules or pursuant to mail contracts with the U.S.
Postal Service.
Small aircraft means any aircraft
originally designed to have a maximum
passenger capacity of 60 seats or less or
a maximum payload capacity of 18,000
pounds or less.
Small certificated air carrier means an
air carrier holding a certificate issued
under section 41102 of the Statute that
provides scheduled passenger air service within and between only the 50
States of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and the U.S. Virgin Islands with small aircraft as defined in
this section.

Statute means Subtitle VII of Title 49
of the United States Code (Transportation).
Ton means a short ton, i.e., 2,000
pounds.
Wet-Lease Agreement means an agreement under which one carrier leases an
aircraft with flight crew to another air
carrier.
§ 298.3 Classification.
(a) There is hereby established a classification of air carriers, designated as
‘‘air taxi operators,’’ which directly engage in the air transportation of persons or property or mail or in any combination of such transportation and
which:
(1) Do not directly or indirectly utilize large aircraft in air transportation;
(2) Do not hold a certificate of public
convenience and necessity and do not
engage in scheduled passenger operations as specified in paragraph (b) of
this section;
(3) Have and maintain in effect liability insurance coverage in compliance
with the requirements set forth in part
205 of this chapter and have and maintain a current certificate of insurance
evidencing such coverage on file with
the Department;
(4) If operating in foreign air transportation or participating in an interline agreement, subscribe to Agreement 18900 (OST Form 4523 or OST
Form 4507) and comply with all other
requirements of part 203 of this chapter; and
(5) Have registered with the Department in accordance with subpart C of
this part.
(b) There is hereby established a classification of air carriers, designated as
‘‘commuter air carriers,’’ which directly engage in the air transportation
of persons, property or mail, and
which:
(1) Do not directly or indirectly utilize large aircraft in air transportation;
(2) Do not hold a certificate of public
convenience and necessity;
(3) Carry passengers on at least five
round trips per week on at least one
route between two or more points according to its published flight schedules that specify the times, days of the
week, and places between which those
flights are performed;

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§ 298.4

14 CFR Ch. II (1–1–14 Edition)

(4) Have and maintain in effect liability insurance coverage in compliance
with the requirements set forth in part
205 of this chapter and have and maintain a current certificate of insurance
evidencing such coverage on file with
the Department;
(5) Have and maintain in effect and
on file with the Department a signed
counterpart of Agreement 18900 (OST
Form 4523) and comply with all other
requirements of part 203 of this chapter; and
(6) Hold a Commuter Air Carrier Authorization issued in accordance with
subpart E of this part.
(c) A person who does not observe the
conditions set forth in paragraph (a) or
(b) of this section shall not be an air
taxi operator or commuter air carrier
within the meaning of this part with
respect to any operations conducted
while such conditions are not being observed, and during such periods is not
entitled to any of the exemptions set
forth in this part.

Exemption authority.

(b) Section 41504; except that the requirements of that section shall apply
to:
(1) Tariffs for through rates, fares,
and charges filed jointly by air taxi operators or commuter air carriers with
air carriers or with foreign air carriers
subject to the tariff-filing requirements of Chapter 415; and
(2) Tariffs required to be filed by air
taxi operators or commuter air carriers
which embody the provisions of the
counterpart to Agreement 18900 as
specified in part 203 of this chapter;
(c) Section 41702, except for the requirements that air taxi operators and
commuter air carriers shall:
(1) Provide safe service, equipment,
and facilities in connection with air
transportation;
(2) Provide adequate service insofar
as that requires them to comply with
parts 252 and 382 of this chapter;
(3) Observe and enforce just and reasonable joint rates, fares, and charges,
and just and reasonable classifications,
rules, regulations and practices as provided in tariffs filed jointly by air taxi
operators or commuter air carriers
with certificated air carriers or with
foreign air carriers; and
(4) Establish just, reasonable, and equitable divisions of such joint rates,
fares, and charges as between air carriers participating therein which shall
not unduly prefer or prejudice any of
such participating air carriers;
(d) Section 41310, except that the requirements of that subsection shall
apply to through service provided pursuant to tariffs filed jointly by air taxi
operators or commuter air carriers
with certificated air carriers or with
foreign air carriers and to transportation of the handicapped to the extent
that that is required by part 382 of this
chapter;
(e) Section 41902;
(f) Section 41708.

Air taxi operators and commuter air
carriers are hereby relieved from the
following provisions of the Statute
only if and so long as they comply with
the provisions of this part and the conditions imposed herein, and to the extent necessary to permit them to conduct air taxi or commuter air carrier
operations:
(a) Section 41101;

§ 298.12 Duration of exemption.
The exemption from any provision of
the Statute provided by this part shall
continue in effect only until such time
as the Department shall find that enforcement of that provision would be in
the public interest, at which time the
exemption shall terminate or be conditioned with respect to the person, class

§ 298.4 Requests for statement of authority.
In any instance where an air taxi operator or commuter air carrier is required by a foreign government to
produce evidence of its authority to engage in foreign air transportation
under the laws of the United States,
the Director, Office of Aviation Analysis (X–50), Office of the Secretary, 1200
New Jersey Avenue, SE., Washington,
DC 20590, will, upon request, furnish
the carrier with a written statement,
outlining its general operating privileges under this part for presentation
to the proper authorities of the foreign
government.

Subpart B—Exemptions

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§ 298.11

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§ 298.22

of persons, or service (e.g., limitedentry foreign air transportation market) subject to the finding.

Subpart C—Registration for
Exemption by Air Taxi Operators

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§ 298.21 Filing for registration by air
taxi operators.
(a) Every air taxi operator who plans
to commence operations under this
part shall register with the Department not later than 30 days prior to
the commencement of such operations,
unless, upon a showing of good cause
satisfactory to the Manager, Program
Management Branch (AFS–260), Federal Aviation Administration, registration within a lesser period of time is allowed.
(b) The registration of an air taxi operator shall remain in effect until it is
amended by the carrier or canceled by
the Department.
(c) Registration by all air taxi operators shall be accomplished by filing
with the Department at the address
specified in paragraph (d) of this section the following:
(1) Air Taxi Registration (OST Form
4507), executed in duplicate. 6 This form
shall be certified by a responsible official and shall include the following information:
(i) The name of the carrier and its
mailing address;
(ii) The carrier’s principal place of
business, if different from its mailing
address, and its telephone number and
fax number;
(iii) The carrier’s FAA certificate
number, if any, and the address and
telephone number of the carrier’s local
FAA office;
(iv) The type of service the carrier
will offer (scheduled passenger, 7 sched6 OST Form 4507 can be obtained from the
Manager, 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.
7 Companies proposing to provide scheduled
passenger service at the level established by
this Part for commuter air carriers are not
permitted to conduct such operations under
their air taxi registration; such companies
must first be found fit, willing and able to
operate and be issued a Commuter Air Carrier Authorization by the Department.

uled cargo, mail under a U.S. Postal
Service contract, on-demand passenger, on-demand cargo, or other service such as air ambulance operations,
firefighting or seasonal operations);
(v) A list of the aircraft that the carrier proposes to operate, or, in the case
of an amendment to the registration,
the aircraft that it is currently operating in its air taxi operations, and the
aircraft type, FAA registration number
and passenger capacity of each aircraft;
(vi) For initial registration, the proposed date of commencement of air
taxi operations;
(vii) For amendments, whether the
carrier has carried passengers in foreign air transportation during the previous 12 months;
(viii) Whether the carrier is a citizen
of the United States; and
(ix) A certification that the registration is complete and accurate and that,
if the carrier is engaged in foreign air
transportation, or participating in an
interline agreement, it subscribes to
the terms of Agreement 18900 (see OST
Form 4523).
(2) A certificate of insurance (OST
Form 6410) which is currently effective
(or in case of initial registration, is to
become effective), as defined in part 205
of this chapter;
(3) An 8 dollar ($8) registration filing
fee in the form of a check, draft, or
postal money order payable to the Department of Transportation.
(d) Registrations required in paragraph (c) of this section shall be submitted to the Department of Transportation, Federal Aviation Administration, Program Management Branch
(AFS–260), 800 Independence Avenue,
SW., Washington, DC 20591. For those
air taxi operators that have a mailing
address in the State of Alaska, the registrations shall be filed with the Department of Transportation, Federal
Aviation Administration, Alaskan Region Headquarters (AAL–230), 222 West
7th Avenue, Box 14, Anchorage, Alaska
99513.
§ 298.22

Processing by the Department.

After examination of the OST Form
4507 submitted by the carrier, the Department will stamp the effective date

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§ 298.23

14 CFR Ch. II (1–1–14 Edition)

of the registration on the form and return the duplicate copy to the carrier
to confirm that it has registered with
the Department as required by this
part. The effective date of the registration shall not be earlier than the effective date of the insurance policy or
policies named in the certificate of insurance filed by the carrier under
§ 298.21(c)(2).
§ 298.23 Notifications to the Department of change in operations.
(a) If any of the information contained on its registration changes, an
air taxi operator shall submit an
amendment reflecting the updated information. This amendment shall be
filed no later than 30 days after the
change occurs. There is no filing fee for
submitting an amendment.
(b) An amendment shall be made by
resubmitting OST Form 4507 to the Department of Transportation, Federal
Aviation
Administration,
Program
Management Branch (AFS–260), 800
Independence Avenue, SW., Washington, DC 20591. If the air taxi operator has a mailing address in the State
of Alaska, the form shall be mailed to
the Department of Transportation,
Federal Aviation Administration, Alaskan Region Headquarters (AAL–230),
222 West 7th Avenue, Box 14, Anchorage, Alaska 99513.

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§ 298.24 Cancellation of the registration.
The registration of an air taxi operator may be canceled by the Department if any of the following occur:
(a) The operator ceases its operations;
(b) The operator’s insurance coverage
changes or lapses;
(c) The operator fails to file an
amended registration when required by
§ 298.23;
(d) The operator’s Air Carrier Certificate and/or Operations Specifications
is revoked by the Federal Aviation Administration;
(e) The operator fails to qualify as a
citizen of the United States;
(f) The Department determines that
it is otherwise in the public interest to
do so.

Subpart D—Limitations and Conditions on Exemptions and Operations
§ 298.30 Public disclosure of policy on
consumer protection.
(a) Every air taxi and commuter air
carrier shall cause to be displayed continuously in a conspicuous public place
at each desk, station and position in
the United States that is in charge of a
person employed exclusively by it, or
by it jointly with another person, or by
any agent employed by it to sell tickets to passengers, a sign located so as
to be clearly visible and readable to
the traveling public, containing a
statement setting forth the air taxi
and commuter air carrier’s policy on
baggage liability and denied boarding
compensation.
(b) An air taxi or commuter air carrier shall provide a written notice on
or with a passenger’s ticket concerning
baggage liability as provided in § 254.5
of this chapter. These ticket notices
are required only for passengers whose
ticket includes a flight segment that
uses large aircraft (more than 60 seats).
(c) If the substantive terms of the
counter sign and ticket notice required
by this section differ, the terms contained in the required ticket notice
govern.
§ 298.31 Scope of service and equipment authorized.
Nothing in this part shall be construed as authorizing the operation of
large aircraft in air transportation,
and the exemption provided by this
part to air taxi operators and commuter air carriers that register with
the Department extends only to the direct operation in air transportation in
accordance with the limitations and
conditions of this part of aircraft originally designed to have a maximum passenger capacity of 60 seats or less or a
maximum payload capacity of 18,000
pounds or less.
§ 298.32 Limitations on operations to
eligible places.
No person shall provide scheduled
passenger service as a commuter air
carrier at an eligible place unless it has
been found by the Department to be fit,

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Office of the Secretary, DOT

§ 298.50

willing, and able to conduct such service and issued a Commuter Air Carrier
Authorization as provided in subpart E
of this part.
§ 298.33

Security requirements.

In conducting operations under this
part, an air taxi operator or a commuter air carrier is required to adhere
to all security requirements established by the Department of Transportation and the Department of Homeland Security applicable to such operations.
§ 298.34

[Reserved]

§ 298.35 Limitations
mail.

on

carriage

of

An air taxi operator or commuter air
carrier is not authorized to carry mail
except pursuant to contract with the
U.S. Postal Service entered into pursuant to section 5402 of the Postal Reorganization Act (39 U.S.C. 5402).

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§ 298.36 Limitations on use of business
name.
(a) An air taxi operator or commuter
air carrier in holding out to the public
and in performing its services in air
transportation shall do so only in the
name or names in which its air carrier
certificate is issued pursuant to section
44702 of the Statute by the Federal
Aviation Administration, and in which
it is registered with the Department
under this part, or in which its Commuter Air Carrier Authorization is
issued or other trade name is registered.
(b) Slogans shall not be considered
names for the purposes of this section,
and their use is not restricted hereby.
(c) Commuter air carriers are subject
to the provisions of part 215 of this
chapter with regard to the use and
change of air carrier names.
(d) Neither the provisions of this section nor the grant of a permission hereunder shall preclude Department intervention or enforcement action should
there be evidence of a significant potential for, or of actual, public confusion.

§ 298.37 Prohibition of services not
covered by insurance.
An air taxi operator or commuter air
carrier shall not operate in air transportation or provide or offer to provide
air transportation unless there is in effect liability insurance which covers
such transportation and which is evidenced by a current certificate of insurance on file with the Department as
required by part 205 of this chapter.
§ 298.38 Financial security arrangements for operating Public Charters.
When an air taxi operator or commuter air carrier performs a Public
Charter under part 380 of this chapter,
either:
(a) The air taxi operator or commuter air carrier shall meet the bonding or escrow requirements applicable
to certificated air carriers as set forth
in § 212.8 of this chapter; or
(b) The air taxi operator or commuter air carrier shall ensure that it
does not receive any payments for the
charter until after the charter has been
completed. In this case, its contracts
with the charter operator and the charter operator’s depository bank, if any,
shall state that the charter operator or
bank, as applicable, shall retain control of and responsibility for all participant funds intended for payment for
air transportation until after the charter has been completed, notwithstanding any provision of part 380 of
this chapter.

Subpart E—Commuter Air Carrier
Authorizations
§ 298.50 Application.
(a) Any person desiring to provide air
transportation as a commuter air carrier must first obtain a Commuter Air
Carrier Authorization. This shall be accomplished by filing with the Department—
(1) An application in accordance with
the requirements of parts 201 and 302 of
this chapter;
(2) Data in accordance with part 204
of this chapter to support a determination by the Department that the person is ‘‘fit, willing, and able’’ to operate the proposed commuter service;
and

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§ 298.51

14 CFR Ch. II (1–1–14 Edition)

(3) A $670 filing fee in the form of a
check, draft, or postal money order
payable to the Department of Transportation.
(b) An executed original and two true
copies of an application for a Commuter Air Carrier Authorization shall
be filed with Department of Transportation Dockets, 1200 New Jersey Avenue, SE., Washington, DC 20590.
§ 298.51

Processing by the Department.

In processing applications filed in accordance with § 298.50, the Department
will generally follow the procedures set
forth in §§ 302.207 through 302.211 of this
chapter.
§ 298.52 Air taxi operations by commuter air carriers.

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(a) A commuter air carrier that holds
an effective Commuter Air Carrier Authorization and otherwise meets the requirements of this part is also authorized to conduct air taxi operations
(e.g., scheduled cargo, mail under a
U.S. Postal Service contract, on-demand passenger, on-demand cargo, or
other service such as air ambulance operations, firefighting or seasonal operations) without having to meet the registration requirements of subpart C of
this part, except as provided in paragraph (b) of this section.
(b) Should a commuter air carrier
cease conducting all scheduled passenger operations and its Commuter
Air Carrier Authorization is suspended
pursuant to §§ 298.53 and/or 204.7 of this
chapter, it may continue to conduct air
taxi operations provided that the carrier maintains in effect liability insurance coverage as required for such operations by part 205 of this chapter and,
within 10 days of the cessation of
scheduled passenger operations, registers as an air taxi operator in accordance with subpart C of this part; and
provided further that the carrier continues to hold authority from the Federal Aviation Administration to conduct such air taxi operations.
§ 298.53 Suspension or revocation of
authority.
A Commuter Air Carrier Authorization may be suspended or revoked if
any of the following occur:

(a) The operator fails to maintain insurance coverage as required by part
205 of this chapter for commuter operations;
(b) The scheduled passenger authority under the operator’s Air Carrier
Certificate is suspended or revoked by
the Federal Aviation Administration;
(c) The operator does not commence
operations for which it has been found
fit, or the operator ceases those operations as provided in § 204.7 of this
chapter;
(d) The Department finds that the
carrier is not fit, willing, and able to
conduct scheduled service or fails to
qualify as a citizen of the United
States; or
(e) The Department determines that
it is otherwise in the public interest to
do so.

Subpart F—Reporting
Requirements
§ 298.60 General
tions.

reporting

(a) Each commuter air carrier and
each small certificated air carrier shall
file with the Department’s Bureau of
Transportation Statistics (BTS) the
applicable schedules of BTS Form 298C, A Report of Financial and Operating
Statistics for Small Aircraft Operators’
and Schedule T–100, AU.S. Air Carrier
Traffic and Capacity Data by Nonstop
Segment and On-Flight Market’’ as required by this section.
(b) A single copy of the BTS Form
298-C report shall be filed quarterly
with the Office of Airline Information
(OAI) for the periods ended March 31,
June 30, September 30 and December 31
of each year to be received on or before
May 10, August 10, November 10, and
February 10, respectively. An electronic filing of the monthly Schedule
T–100 is due at OAI within 30 days after
the end of each month. Due dates falling on a Saturday, Sunday or Federal
holiday will become effective on the
next work day.
(c) 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

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§ 298.61

Transportation Statistics’ Director of
Airline Information.
[ER–1399, 50 FR 19, Jan. 2, 1985, as amended
by Docket No. 47939, 57 FR 40104, Sept. 2, 1992;
60 FR 66726, Dec. 26, 1995; 67 FR 49231, July 30,
2002; 75 FR 41585, July 16, 2010]

pmangrum on DSK3VPTVN1PROD with CFR

§ 298.61

Reporting of traffic statistics.

(a) Each commuter air carrier and
small certificated air carrier shall file
Schedule T–100, AU.S. Air Carrier Traffic and Capacity Data by Nonstop Segment and On-Flight Market.’’
(b) Schedule T–100 shall be filed
monthly as set forth in ‘‘298.60.
(1) Schedule T–100 collects summarized flight stage data and on-flight
market data from revenue flights. All
traffic statistics shall be compiled in
terms of each flight stage as actually
performed. The detail T–100 data shall
be maintained in such a manner as to
permit monthly summarization and organization into two basic groupings.
The first grouping, the nonstop segment information, is to be summarized
by equipment type, within class of
service, within pair-of-points, without
regard to individual flight number. The
second grouping requires that the
enplanement/deplanement information
be broken out into separate units
called on-flight market records, which
shall be summarized by class of service,
within pair-of-points, without regard
for equipment type or flight number.
(2) Joint-service operations. 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; codesharing agreements; wet-lease agreements, and similar arrangements.
(i) Joint-service operations are reported by the carrier in operational
control of the flight, i.e., the carrier
that uses its flight crews under its own
FAA operating authority. The traffic
moving under these agreements is reported on Schedule T–100 the same way
as any other traffic on the aircraft.
(ii) If there are questions about reporting a joint-service operation, contact the BTS Assistant Director—Airline Information (fax no. 202 366–3383,
telephone no. 202 366–4373). Joint-service operations are reported in Schedule

T–100 in accordance with this paragraph (b).
(iii) Operational control. The air carrier in operational control of the aircraft (the carrier that uses its flight
crews under its own FAA operating authority) must report joint-service operations.
(c) Service classes. (1) The statistical
classifications are designed to reflect
the operating characteristics attributable to each distinctive type of service offered. The combination of scheduled and nonscheduled operations with
passenger, all-cargo, and military services are placed into service classes as
follows:
Code
F ..............
G ..............
L ...............
P ..............
N ..............
R ..............

Type of Service
Scheduled Passenger/Cargo
Scheduled All-Cargo
Nonscheduled Civilian Passenger/Cargo
Nonscheduled Civilian Cargo
Nonscheduled Military Passenger/Cargo
Nonscheduled Military Cargo

(2) Scheduled services include traffic
and capacity elements applicable to air
transportation provided pursuant to
published schedules and extra sections
of scheduled flights. Scheduled Passenger/Cargo (Service Class F) is a
composite of first class, coach, and
mixed passenger/cargo service.
(3) Nonscheduled services include all
traffic and capacity elements applicable to the performance of nonscheduled
aircraft charters, and other air transportation services not constituting an
integral part of services performed pursuant to published flight schedules.
(d) Air transport traffic and capacity
elements. (1) Within each of the service
classifications, carriers shall report air
transport traffic and capacity elements. The elements are reported on
segment or market records as follows:
Code

110
130
140
210
217

Description

Carrier, carrier entity code ........
Reporting period date ...............
Origin airport code ....................
Destination airport code ...........
Service class code ...................
Aircraft type code .....................
Revenue passengers enplaned
Revenue passengers transported.
Revenue passenger-miles ........
Revenue cargo tons enplaned
Enplaned freight .......................

Segment

Market

S
S
S
S
S
S

M
M
M
M
M
M

S
CFD*
CFD*
M

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§ 298.61
Code

219
230
237
239
240
241
247
249
270
280
310
320
410
430
501
510
520
610
630
650

14 CFR Ch. II (1–1–14 Edition)
Segment

Description

Enplaned mail ...........................
Revenue tons transported ........
Transported freight ...................
Transported mail .......................
Revenue ton-miles ....................
Revenue ton-miles passenger ..
Revenue ton-miles freight ........
Revenue ton-miles mail ............
Available capacity payload .......
Available ton-miles ...................
Available seats, total ................
Available seat-miles ..................
Revenue aircraft miles flown ....
Revenue aircraft miles scheduled.
Inter-airport distance .................
Revenue aircraft departures
performed.
Revenue aircraft departures
scheduled.
Revenue aircraft hours (airborne).
Aircraft hours (ramp-to-ramp) ...
Total aircraft hours (airborne) ...

Market

Computed
by
DOT

M
CFD*
S
S
CFD*
CFD*
CFD*
CFD*
S
CFD*
S
CFD*
CFD*
CFD*
CFD*
S
S
S
S
S

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*CFD = Computed by DOT from detail Schedule T–100 and
T–100(f) data.

(2) [Reserved]
(e) These reported items are further
described as follows:
(1) Reporting period date. The year and
month to which the reported data are
applicable.
(2) Carrier, Carrier entity code. Each
air carrier shall report its name and
entity code (a five digit code assigned
by BTS that identifies both the carrier
and its entity) for its particular operations. The Office of Airline Information (OAI) will assign or confirm codes
upon request; OAI’s address is Office of
Airline Information, BTS, DOT, K–14,
1200 New Jersey Avenue, SE., Washington, DC 20590–0001.
(3) Service class code. The service class
codes are prescribed in section 298.61(c).
In general, classes are divided into two
broad categories, either scheduled or
nonscheduled, where scheduled = F + G
and nonscheduled = L + N + P + R.
(4) Record type code. This code indicates whether the data pertain to nonstop segment (record type S) or onflight market (record type M).
(5) Aircraft type code. This code represents the aircraft types, as described
in the BTS’ Accounting and Reporting
Directives.
(6) Origin, Destination airport code(s).
These codes represent the industry designators. An industry source of these
industry designator codes is the Offi-

cial Airline Guide (OAG). OAI assigns
codes upon request if not listed in the
OAG.
(7) 110 Revenue passengers enplaned.
The total number of revenue passengers enplaned at the origin point of
a flight, boarding the flight for the
first time; an unduplicated count of
passengers in a market. Under the T–
100 system of reporting, these enplaned
passengers are the sum of the passengers in the individual on-flight markets. In the domestic entity, report
only the total revenue passengers enplaned in item 110.
(8) 130 Revenue passengers transported.
The total number of revenue passengers transported over a single flight
stage, including those already on the
aircraft from a previous flight stage. In
the domestic entity, report only the
total revenue passengers transported in
item 130.
(9) 140 Revenue passenger-miles. Computed by multiplying the inter-airport
distance of each flight stage by the
number of passengers transported on
that flight stage.
(10) 210 Revenue cargo tons enplaned.
The total number of cargo tons enplaned. This data element is a sum of
the individual on-flight market figures
for each of the following categories: 217
Freight and 219 Mail. This element represents an unduplicated count of the
revenue traffic in a market.
(11) 217 Enplaned freight. The total
weight of revenue freight enplaned at
the origin point of a flight, loaded onto
the flight for the first time; an
unduplicated count of freight in a market.
(12) 219 Enplaned mail. The total
weight of mail enplaned at the origin
point of a flight, loaded onto the flight
for the first time; an unduplicated
count of mail in a market.
(13) 230 Revenue tons transported. The
number of tons of revenue traffic transported. This element is the sum of the
following elements: 231 Passengers
transported-total, 237 Freight, and 239
Mail.
(14) 237 Transported freight. The total
weight of freight transported over a
single flight stage, including freight already on the aircraft from a previous
flight stage.

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Office of the Secretary, DOT

§ 298.61

(15) 239 Transported mail. The total
weight of mail transported over a single flight stage, including mail already
on the aircraft from a previous flight
stage.
(16) 240 Revenue ton-miles—total. Tonmiles are computed by multiplying the
revenue aircraft miles flown (410) on
each flight stage by the number of tons
transported on that stage. This element is the sum of 241 through 249.
(17) 241 Revenue ton-miles—passenger.
Equals the number of passengers times
200, times inter-airport distance, divided by 2000. A standard weight of 200
pounds per passenger, including baggage, is used for all operations and
service classes.
(18) 247 Revenue ton-miles—freight.
Equals the volume of freight in whole
tons times the inter-airport distance.
(19)
249
Revenue
ton-miles—mail.
Equals the volume of mail in whole
tons times the inter-airport distance.
(20) 270 Available capacity-payload.
The available capacity is collected in
pounds. This figure shall reflect the
payload or total available capacity for
passengers, mail, and freight applicable
to the aircraft with which each flight
stage is performed.
(21) 280 Available ton-miles. The aircraft miles flown on each flight stage
multiplied by the available capacity on
the aircraft in tons.
(22) 310 Available seats. The number of
seats available for sale. This figure reflects the actual number of seats available, excluding those blocked for safety
or operational reasons. In the domestic
entity, report the total available seats
in item 130. Scheduled and nonscheduled available seats are reported
in item 130.
(23) 320 Available seat-miles. The aircraft miles flown on each flight stage
multiplied by the seat capacity available for sale.
(24) 410 Revenue aircraft miles flown.
Revenue aircraft miles flown are computed based on the airport pairs between which service is actually performed; miles are generated from the
data for scheduled aircraft departures
(Code 520) times the inter-airport distances (Code 501).
(25) 430 Revenue aircraft miles scheduled. The number of revenue aircraft
miles scheduled. All such data shall be

maintained in conformity with the airport pairs between which service is
scheduled, whether or not in accordance with actual performance.
(26) 501 Inter-airport distance. The
great circle distance, in official statute
miles as prescribed in part 247 of this
chapter, between airports served by
each flight stage. Official inter-airport
mileage may be obtained from the Office of Airline Information.
(27) 510 Revenue aircraft departures
performed. The number of revenue aircraft departures performed.
(28) 520 Revenue aircraft departures
scheduled. The number of revenue aircraft departures scheduled, whether or
not actually performed.
(29) 610 Revenue aircraft hours (airborne). The elapsed time, computed
from the moment the aircraft leaves
the ground until its next landing.
(30) 630 Aircraft hours (ramp-to-ramp).
The elapsed time, computed from the
moment the aircraft first moves under
its own power from the boarding ramp
at one airport to the time it comes to
rest at the ramp for the next point of
landing. This data element is also referred to as ‘block’ and ‘block-to-block’
aircraft hours.
(31) 650 Total aircraft hours (airborne).
The elapsed time, computed from the
moment the aircraft leaves the ground
until it touches down at the next landing. This includes flight training, testing, and ferry flights.
(f) Public availability of Schedule T–100
data. Detailed domestic on-flight market and nonstop segment data in
Schedule T–100, except military data,
shall be publicly available after processing. Domestic data are defined as
data from air transportation operations from a place in any State of the
United States, the District of Columbia, the Commonwealth of Puerto Rico
and the Virgin Islands, or a U.S. territory or possession to a place in any
State of the United States, the District
of Columbia, the Commonwealth of
Puerto Rico and the Virgin Islands, or
a U.S. territory or possession.
[Doc. No. OST 98–4043, 67 FR 49231, July 30,
2002, as amended by Doc. No. OST 2006–26053,
75 FR 41585, July 16, 2010]

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§ 298.62

14 CFR Ch. II (1–1–14 Edition)

§ 298.62 Reporting of financial data.
(a) Each commuter air carrier and
each small certificated air carrier shall
file BTS Form 298–C, Schedule F–1
‘‘Report of Financial Data.’’ This report shall be filed quarterly as set
forth in § 298.60 of this part.
(b) Each carrier shall indicate in the
space provided, its full corporate name
and the quarter for which the report is
filed.
(c) This schedule shall be used to report financial data for the overall or
system operations of the carrier. At
the option of the carrier, the data may
be reported in whole dollars by dropping the cents. Financial data shall be
reported in the following categories:
(1) Line 1 ‘‘Total Operating Revenues’’ shall include gross revenues accruing from services ordinarily associated with air transportation and air
transportation-related services. This
category shall include revenue derived
from scheduled service operations, revenue derived from nonscheduled service
operations, amounts of compensation
paid to the carrier under section 41732
of the Statute and other transport-related revenue such as in-flight sales,
restaurant and food service (ground),
rental of property or equipment, limousine service, cargo pick-up and delivery charges, and fixed-base operations
involving the selling or servicing of
aircraft, flying instructions, charter
flights, etc.
(2) Line 2 ‘‘Total Operating Expenses’’ shall include expenses of a
character usually and ordinarily incurred in the performance of air
transporation and air transportation
services. This category shall include
expenses incurred: directly in the inflight operation of aircraft; in the holding of aircraft and aircraft personnel in
readiness for assignment to an in-flight
status; on the ground in controlling
and protecting the in-flight movement
of aircraft; landing, handling or servicing aircraft on the ground; selling
transportation; servicing and handling
traffic; promoting the development of
traffic; and administering operations
generally. This category shall also include expenses which are specifically
identifiable with the repair and upkeep
of property and equipment used in the
performance of air transportation, all

depreciation and amortization expenses applicable to property and
equipment used in providing air transportation services, all expenses associated with the transport-related revenues included on line 1 of this schedule,
and all other expenses not specifically
mentioned which are related to transport operations. Interest expense and
other nonoperating expenses attributable to financing or other activities
which are extraneous to and not an integral part of air transportation or its
incidental services shall not be included in this category.
(3) Line 3 ‘‘Net Income or (Loss)’’
shall reflect all operating and nonoperating items of profit and loss recognized during the period except for prior
period adjustments.
(4) Line 4 ‘‘Passenger RevenuesScheduled Service’’ shall include revenue generated from the transportation of passengers between pairs of
points which are served on a regularly
scheduled basis.
(d) Data reported on this schedule
shall be withheld from public release
for a period of 3 years after the close of
the calendar quarter to which the report relates.
[ER–1399, 50 FR 20, Jan. 2, 1985, as amended
by 53 FR 48528, Dec. 1, 1988; 60 FR 43528, Aug.
22, 1995; 60 FR 66726, Dec. 26, 1995; 67 FR 49234,
July 30, 2002]

§ 298.63 Reporting of aircraft operating expenses and related statistics by small certificated air carriers.
(a) Each small certificated air carrier
shall file BTS Form 298–C, Schedule F–
2 ‘‘Report of Aircraft Operating Expenses and Related Statistics.’’ This
schedule shall be filed quarterly as prescribed in § 298.60. Data reported on this
report shall be for the overall or system operations of the air carrier.
(b) Each carrier shall indicate in the
space provided its full corporate name
and the quarter for which the report is
filed.
(c) This schedule shall show the direct and indirect expenses incurred in
aircraft operations. Direct expense
data applicable to each aircraft type
operated by the carrier shall be reported in separate columns of this
schedule. Each aircraft type reported

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Office of the Secretary, DOT

§ 298.63

shall be identified at the head of each
column in the space provided for ‘‘Aircraft Type.’’ ‘‘Aircraft Type’’ refers to
aircraft models such as Beech–18, Piper
PA–32, etc. Aircraft Type designations
are prescribed in the Accounting and
Reporting Directives, which is available
from the BTS’ Office of Airline Information. In the space provided for ‘‘Aircraft Code’’ carriers shall insert the
three digit code prescribed in the Accounting and Reporting Directives for the
reported aircraft type. (NOTE: Aircraft
of the same type but different cabin
configuration may be grouped into a
single classification; therefore, carriers
are not required to report the fourth
digit of an aircraft code indicating
cabin configuration.)
(d) Line 1 Direct aircraft operating
expenses shall be reported in the following categories:
(1) Line 2 ‘‘Flying Operations (Less
Rental)’’ shall be subdivided as follows:
(i) Line 3 ‘‘Pilot and Copilot’’ expense
shall include pilots’ and copilots’ salaries, and related employee benefits,
pensions, payroll taxes and personnel
expenses.
(ii) Line 4 ‘‘Aircraft Fuel and Oil’’ expense shall include the cost of fuel and
oil used in flight operations and nonrefundable aircraft fuel and oil taxes.
(iii) Line 5 ‘‘Other’’ expenses shall include general (hull) insurance, and all
other expenses incurred in the in-flight
operation of aircraft and holding of aircraft and aircraft operational personnel in readiness for assignment to
an in-flight status, which are not provided for otherwise on this schedule.
(2) Line 6 ‘‘Total Flying Operations
(Less Rentals)’’ shall equal the sum of
lines 3, 4 and 5.
(3)
Line
7
‘‘Maintenance-Flight
Equipment’’ shall include the cost of
labor, material and related overhead
expended by the carrier to maintain
flight equipment, general services purchased for flight equipment maintenance from associated or other outside
companies, and provisions for flight
equipment overhauls.
(4) Line 8 ‘‘Depreciation and RentalFlight Equipment’’ expense shall include depreciation of flight equipment,
amortization of capitalized leases for
flight equipment, provision for obsoles-

cence and deterioration of spare parts,
and rental expense of flight equipment.
(5) Line 9 ‘‘Total Direct Expense’’
shall equal the sum of lines 6, 7 and 8.
(e) Line 10 Indirect aircraft operating
expenses shall be reported only in total
for all aircraft types and shall be segregated according to the following categories:
(1) Line 11 ‘‘Flight Attendant Expense’’ shall include flight attendants’
salaries, and related employee benefits,
pensions, payroll taxes and personnel
expenses.
(2) Line 12 ‘‘Traffic Related Expense’’
shall include traffic solicitor salaries,
traffic commissions, passenger food expense, traffic liability insurance, advertising and other promotion and publicity expenses, and the fringe benefit
expenses related to all salaries in this
classification.
(3) Line 13 ‘‘Departure Related (Station) Expense’’ shall include aircraft
and traffic handling salaries, landing
fees, clearance, customs and duties, related fringe benefit expenses and maintenance and depreciation on ground
property and equipment.
(4) Line 14 ‘‘Capacity Related Expense’’ shall include salaries and fringe
benefits for general management personnel, recordkeeping and statistical
personnel, lawyers and law clerks, and
purchasing personnel; legal fees and expenses;
stationery;
printing;
uncollectible accounts; insurance purchased-general;
memberships;
corporate and fiscal expenses; and all
other expenses which cannot be identified or allocated to some other specifically identified indirect cost category.
(f) Line 15 ‘‘Total Indirect Expense’’
shall equal the sum of lines 11, 12, 13
and 14.
(g) Line 16 ‘‘Total Operating Expense’’ shall equal the sum of lines 9
and 15.
(h) Line 17 ‘‘Total Gallons of Fuel
Issued’’ shall include the gallons of fuel
used in flight operations related to fuel
cost reported in total and by aircraft
type on Line 4.
[ER–1399, 50 FR 20, Jan. 2, 1985, as amended
by Docket No. 47939, 57 FR 40104, Sept. 2, 1992;
60 FR 66726, Dec. 26, 1995; 67 FR 49234, July 30,
2002]

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§ 298.65

14 CFR Ch. II (1–1–14 Edition)

§ 298.65 Requests for extensions of
time within which to file reports or
for waivers from reporting requirements.
(a) If circumstances prevent the filing of BTS Form 298–C on or before the
due date, a written request for an extension may be submitted. Except in
cases of emergency, the request must
be delivered to the BTS’s Office of Airline Information in writing at least
three days in advance of the due date.
The request must state good and sufficient reason to justify the granting of
the extension and the date when the reports can be filed. If the request is denied, the air carrier remains subject to
the filing requirements to the same extent as if no request for extension of
time had been made.
(b) The Office of Airline Information
may waive any reporting requirements
contained in §§ 298.61, 298.62, 298.63 and
298.64 of this part, upon its own initiative or upon written request from any
air carrier if the waiver is in the public
interest and the request demonstrates
that:
(1) Unusual circumstances warrant
such a departure;
(2) A specifically defined alternative
procedure or technique will result in a
substantially equivalent or more accurate portrayal; and
(3) The application of the alternative
procedure will maintain or improve
uniformity in reporting between air
carriers.
[ER–1399, 50 FR 21, Jan. 2, 1985, as amended
by Docket No. 47939, 57 FR 40104, Sept. 2, 1992;
60 FR 66726, Dec. 26, 1995]

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§ 298.66 Reporting exemption for State
collection of data.
(a) The Office of Airline Information
may exempt a commuter air carrier
from the reporting requirements of
§ 298.61 of this part if a State government collects the information specified
in that section and provides it to the
Department by the dates specified. The
data provided to the Department in
this manner must be at least as reliable as if they were collected by the
Department directly.
(b) The Office of Airline Information
will provide assistance to any State

agency interested in participating in
this exemption program.
[ER–1399, 50 FR 21, Jan. 2, 1985, as amended
by Docket No. 47939, 57 FR 40104, Sept. 2, 1992;
60 FR 66726, Dec. 26, 1995]

Subpart G—Public Disclosure of
Data
§ 298.70

Public disclosure of data.

(a) Detailed domestic on-flight market data and nonstop segment data except military data shall be made publicly available after processing. Domestic data are defined as data from air
transportation operations from a place
in any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico and the Virgin
Islands, or a U.S. territory or possession to a place in any State of the
United States, the District of Columbia, the Commonwealth of Puerto Rico
and the Virgin Islands, or a U.S. territory or possession. Domestic military
operations are reported under service
codes N or R.
(b) Detailed international on-flight
market and nonstop segment data in
Schedule T–100 and Schedule T–100(f)
reports, except military data, shall be
publicly available immediately following the Department’s determination that the database is complete, but
no earlier than six months after the
date of the data. Military operations
are reported under service codes N or
R. Data for on-flight markets and nonstop segments involving no U.S. points
shall not be made publicly available for
three years. Industry and carrier summary data may be made public before
the end of six months or the end of
three years, as applicable, provided
there are three or more carriers in the
summary data disclosed. The Department may, at any time, publish international summary statistics without
carrier detail.
(c) Schedule F–1 ‘‘Report of Financial
Data’’ shall be withheld from public release for a period of 3 years after the
close of the calendar quarter to which
the report relates.
(d) The Department may release nonstop segment and on-flight market detail data by carrier or individual
Schedule F–1 ‘‘Report of Financial

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Office of the Secretary, DOT

§ 298.80

Data’’ before the end of the confidentiality period as follows:
(1) To foreign governments as provided in reciprocal arrangements between the foreign country and the U.S.
Government for exchange of on-flight
market and/or nonstop segment data
submitted by air carriers of that foreign country and U.S. carriers serving
that foreign country.
(2) To parties to any proceeding before the Department under Title IV of
the Federal Aviation Act of 1958, as
amended, as required by an Administrative Law Judge or other decisionmaker of the Department. Parties may
designate agents or consultants to receive the data in their behalf, provided
the agents or consultants agree to
abide by the disclosure restrictions.
Any data to which access is granted
pursuant to this provision may be introduced into evidence, subject to the
normal rules of admissibility.
(3) To agencies or other components
of the U.S. Government for their internal use only.

Subpart H—Violations
§ 298.80

Enforcement.

In case of any violation of the provisions of the Statute, or this part, or
any other rule, regulation, or order
issued under the Statute, the violator
may be subject to a proceeding pursuant to section 46101 of the Statute before the Department, or sections 46106
through 46108 of the Statute before a
U.S. District Court, as the case may be,
to compel compliance therewith; or to
civil penalties pursuant to the provisions of section 46301 of the Statute; or,
in the case of a willful violation, to
criminal penalties pursuant to the provisions of section 46316 of the Statute;
or other lawful sanctions including revocation of operating authority.
[ER–929, 40 FR 42855, Sept. 17, 1975, as amended at 60 FR 43528, Aug. 22, 1995]

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[Doc. No. OST 98–4043, 67 FR 49234, July 30,
2002]

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