1、44 14 CFR Ch. II (1111 Edition) 216.5 denying an application when the cir-cumstances so warrant without await-ing the filing of memoranda in support of or in opposition to the application. (d) Time for filing. (1) Applications seeking authority to engage in blind sector operations for a period of 3
2、months or longer, shall be submitted at least 60 days in advance of the proposed commencement of such operations. Memoranda in response to such an ap-plication shall be submitted within 15 days after the date of filing thereof. (2) Applications seeking authority to engage in blind sector operations
3、for a period less than three months shall be filed at least 20 days in advance of the proposed commencement of such oper-ations, and memoranda in response thereto within 7 days after the date of filing thereof: Provided, That the Board may consider late filed applications upon a showing of good caus
4、e for fail-ure to adhere to this requirement. (e) General procedural requirements. Except as otherwise provided herein, the provisions of part 302, subpart A, of this chapter shall apply to the extent applicable. (f) Issuance of Special Authorization. A Special Authorization authorizing the carriage
5、 of blind sector traffic will be issued only if the Board finds that the proposed carriage is fully consistent with applicable law and this part, and that grant of such authority would be in the public interest. The application may be granted or denied in whole or in part without hearing, and a Spec
6、ial Authorization made subject to any conditions or limitations, to the extent that such action is deemed by the Board to be in the public interest. Spe-cial Authorizations are not transfer-able. (g) Nature of the privilege conferred. A Special Authorization issued pursuant to this section shall con
7、stitute a privi-lege conferred upon a carrier, which may be enjoyed only to the extent that its continued exercise remains in the interest of the public. Accordingly, any Special Authorization issued pursuant to this section may be revoked, sus-pended, amended or restricted without hearing. (Sec. 20
8、4(a) of the Federal Aviation Act of 1958, as amended, 72 Stat. 743 (49 U.S.C. 1324); Reorganization Plan No. 3 of 1961, 75 Stat. 837, 26 FR 5989 (49 U.S.C. 1324 (note) ER525, 33 FR 692, Jan. 19, 1968, as amended by ER910, 40 FR 23844, June 3, 1975; ER1060, 43 FR 34117, Aug. 3, 1978; 65 FR 6456, Feb.
9、 9, 2000 216.5 Existing permits. Foreign aircraft permits issued by the Board under the provisions of part 375 of the Boards Special Regulations, authorizing the combined carriage of blind sector traffic as defined in this part, shall continue in effect in accord-ance with their terms until their ex
10、pi-ration date unless sooner terminated, revoked or modified by the Board. Such permits shall, upon the effective date of this part, be deemed to constitute a Special Authorization issued pursuant to 216.4. 216.6 Existing unauthorized oper-ations. Notwithstanding the provisions of 216.3, if within 3
11、0 days after the effec-tive date of this part a carrier files an application for a Special Authorization to continue to perform existing blind sector operations which have been reg-ularly performed by such carrier com-mencing on a date prior to August 9, 1967, such carrier may continue to en-gage in
12、 such blind sector operations until final decision by the Board on such application: Provided, That any such application shall, in addition to the requirements of 216.4(a), contain a statement that the carrier is relying upon this section for continuance of preexisting blind sector operations, and s
13、hall fully describe such operations in-cluding the date inaugurated, and the frequency and continuity of perform-ance. PART 217REPORTING TRAFFIC STATISTICS BY FOREIGN AIR CARRIERS IN CIVILIAN SCHED-ULED, CHARTER, AND NON-SCHEDULED SERVICES Sec. 217.1 Definitions. 217.2 Applicability. VerDate Mar2010
14、 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00054 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-45 Office of the Secretary, DOT 217.1 217.3 Reporting requirements. 21
15、7.4 Data collected (service classes). 217.5 Data collected (data elements). 217.6 Extension of filing time. 217.7 Certification. 217.8 Reporting procedures. 217.9 Waivers from reporting requirements. 217.10 Instructions. 217.11 Reporting compliance. AUTHORITY: 49 U.S.C. 329 and chapters 41102, 41301
16、, 41708, and 41709. SOURCE: 53 FR 46294, Nov. 16, 1988, unless otherwise noted. 217.1 Definitions. As used in this part: Foreign Air Carrier means a non-U.S. air carrier holding a foreign air carrier permit or exemption authority from the Department of Transportation. Nonrevenue passenger means: a p
17、erson traveling free or under token charges, except those expressly named in the definition of revenue passenger; a person traveling at a fare or discount avail-able only to employees or authorized persons of air carriers or their agents or only for travel on the business of the carriers; and an inf
18、ant who does not oc-cupy a seat. (This definition is for 14 CFR part 217 traffic reporting purposes and may differ from the definitions used in other parts by the Federal Aviation Administration and the Transportation Security Administra-tion for the collection of Passenger Fa-cility Charges and Sec
19、urity Fees.) The definition includes, but is not limited to the following examples of passengers when traveling free or pur-suant to token charges: (1) Directors, officers, employees, and others authorized by the air carrier op-erating the aircraft; (2) Directors, officers, employees, and others aut
20、horized by the air carrier or another carrier traveling pursuant to a pass interchange agreement; (3) Travel agents being transported for the purpose of familiarizing them-selves with the carriers services; (4) Witnesses and attorneys attending any legal investigation in which such carrier is involv
21、ed; (5) Persons injured in aircraft acci-dents, and physicians, nurses, and oth-ers 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, in-cluding any person wh
22、o has the duty of guarding government officials who are traveling on official business or trav-eling to or from such duty; (8) Guests of an air carrier on an in-augural flight or delivery flights of newly-acquired or renovated aircraft; (9) Security guards who have been as-signed the duty to guard s
23、uch 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 trav-eling to or from such duty; (11) Postal employees on duty in charge of the mails or traveling to or from suc
24、h duty; (12) Technical representatives of companies that have been engaged in the manufacture, development or test-ing of a particular type of aircraft or aircraft equipment, when the transpor-tation is provided for the purpose of in- flight observation and subject to appli-cable FAA regulations; (1
25、3) Persons engaged in promoting air transportation; (14) Air marshals and other Transpor-tation 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 purp
26、ose. Reporting carrier for T100(f) purposes means the air carrier in operational control of the flight, i.e., the carrier that uses its flight crews under its own operating authority. Revenue passenger means: a passenger for whose transportation an air carrier receives commercial remuneration. (This
27、 definition is for 14 CFR part 217 traffic reporting purposes and may dif-fer from the definitions used in other parts by the Federal Aviation Adminis-tration and the Transportation Secu-rity Administration for the collection of Passenger Facility Charges and Se-curity Fees.) This includes, but is n
28、ot limited to, the following examples: (1) Passengers traveling under pub-licly available tickets including pro-motional offers (for example two-for- VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00055 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRPro
29、vided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-46 14 CFR Ch. II (1111 Edition) 217.2 one) or loyalty programs (for example, redemption of frequent flyer points); (2) Passengers traveling on vouchers or tickets issued as compensation for denied boarding
30、 or in response to con-sumer complaints or claims; (3) Passengers traveling at corporate discounts; (4) Passengers traveling on pref-erential fares (Government, seamen, military, youth, student, etc.); (5) Passengers traveling on barter tickets; and (6) Infants traveling on confirmed- space tickets.
31、 Statement of Authorization under this part means a statement of authoriza-tion from the Department, pursuant to 14 CFR part 207, 208, or 212, as appro-priate, that permits joint service trans-portation, such as blocked space agree-ments, part-charters, code-sharing or wet-leases, between two direct
32、 air car-riers holding underlying economic au-thority from the Department. Wet-Lease Agreement means an agree-ment under which one carrier leases an aircraft with flight crew to another air carrier. 53 FR 46294, Nov. 16, 1988, as amended at 67 FR 49223, July 30, 2002; 67 FR 58689, Sept. 18, 2002 217
33、.2 Applicability. This part applies to foreign air car-riers that are authorized by the De-partment to provide civilian passenger and/or cargo service to or from the United States, whether performed pur-suant to a permit or exemption author-ity. Doc. No. OST 984043, 67 FR 49223, July 30, 2002 217.3
34、Reporting requirements. (a) Each foreign air carrier shall file BTS Form 41 Schedule T100(f) For-eign Air Carrier Traffic Data by Non-stop Segment and On-flight Market. All traffic statistics shall be compiled in terms of each flight stage as actu-ally performed. (b) The traffic statistics reported
35、on Schedule T100(f) shall be accumulated in accordance with the data elements prescribed in 217.5 of this part, and these data elements are patterned after those in section 195 of part 241 of this chapter. (c) One set of Form 41 Schedule T 100(f) data shall be filed. (d) Schedule T100(f) shall be su
36、b-mitted to the Department within thir-ty (30) days following the end of each reporting month. (e) Reports required by this section shall be submitted to the Bureau of Transportation Statistics in a format specified in accounting and reporting directives issued by the Bureau of Transportation Statis
37、tics Director of Airline Information. 53 FR 46294, Nov. 16, 1988, as amended at 60 FR 66722, Dec. 26, 1995; 75 FR 41583, July 16, 2010 217.4 Data collected (service classes). (a) The statistical classifications are designed to reflect the operating ele-ments attributable to each distinctive class of
38、 service offered for scheduled, nonscheduled and charter service. (b) The service classes that foreign air carriers shall report on Schedule T 100(f) are: (1) F Scheduled Passenger/Cargo (2) G Scheduled All-Cargo (3) L Nonscheduled Civilian Pas-senger/Cargo Charter (4) P Nonscheduled Civilian All- C
39、argo Charter (5) Q Nonscheduled Services (Other than Charter). This service class is re-served for special nonscheduled cargo flights provided by a few foreign air carriers under special authority grant-ed by the Department. 217.5 Data collected (data elements). (a) Within each of the service classi
40、-fications prescribed in 217.4, data shall be reported in applicable traffic ele-ments. (b) The statistical data to be reported on Schedule T100(f) are: (1) Air carrier. The name and code of the air carrier reporting the data. The carrier code is assigned by DOT. The Office of Airline Information (O
41、AIS) will confirm the assigned code upon re-quest; OAIs address is in the Appendix to 217.10 of this part. (2) Reporting period date. The year and month to which the reported data are applicable. (3) Origin airport code. This code rep-resents the industry designator as de-scribed in the appendix to
42、217.10 of VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00056 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-47 Office of the Secretary, DOT 217.9 this pa
43、rt. A common private industry source of these industry designator codes is the Official Airline Guides (OAG). Where none exists, OAI will fur-nish a code upon request. OAIs address is in the appendix to 217.10 of this part. (4) Destination airport code. This rep-resents the industry designator, from
44、 the source described in 217.5(b)(3). (5) Service class code. For scheduled and other services, the applicable serv-ice class prescribed in 217.4 of this part shall be reported. (6) Aircraft type code. This code rep-resents the aircraft type, as specified in the appendix to 217.10 of this part. Wher
45、e none exists, OAI will furnish a code upon request. (7) Revenue aircraft departures per-formed (Code 510). The number of rev-enue aircraft departures performed. (8) Revenue passengers transported (Code 130). The total number of revenue passengers on board over a flight stage, including those alread
46、y on the aircraft from previous flight stages. Includes both local and through passengers on board the aircraft. (9) Revenue freight transported (kilo-grams) (Code 237). The volume, ex-pressed in kilograms, of revenue freight that is transported. As used in this part, Freight means revenue cargo oth
47、er than passengers or mail. (10) Total revenue passengers in market (Code 110). The total number of revenue passengers enplaned in a market, boarding the aircraft for the first time. While passengers may be transported over several flight stages in a multi- segment market, this data element (code 11
48、0) is an unduplicated count of passengers originating within the mar-ket. (11) Total revenue freight in market (kilograms) (Code 217). The amount of revenue freight cargo (kilograms) that is enplaned in a market, loaded on the aircraft for the first time. (12) Available capacity-payload (Code 270).
49、The available capacity is collected in kilograms. This figure shall reflect the available load (see load, available in 14 CFR part 241 Section 03) or total available capacity for passengers, mail and freight applicable to the aircraft with which each flight stage is per-formed. (13) Available seats (Code 310). The number of seats available for sale. This figure reflects the actual number of seats available, excluding those bl
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