1、184 14 CFR Ch. II (1111 Edition) Section 25 administrative law judge assigned to the case or by the DOT; (2) Agencies and other components of the Federal Government for their internal use only; and (3) Such persons and in such circumstances as the BTS determines to be in the public in-terest or cons
2、istent with its regulatory func-tions and responsibilities. (Approved by the Office of Management and Budget under control number 21380013) ER755, 37 FR 19726, Sept. 21, 1972, as amend-ed by 24158, 54 FR 5597, Feb. 6, 1989 EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting part 241 section 24
3、, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. TRAFFIC REPORTING REQUIREMENTS Section 25 Traffic and Capacity Ele-ments General Instructions. (a) All prescribed re-porting for traffic and capacity elements shall conform
4、with the data compilation standards set forth in section 19Uniform Classification of Operating Statistics. (b) Carriers submitting Schedule T100 shall use magnetic computer tape or IBM compatible disk for transmitting the pre-scribed data to the Department. Upon good cause shown, OAI may approve the
5、 request of a U.S. air carrier, under section 12 of this part, to use hardcopy data input forms or submit data via e-mail. Schedule T8Report of all-cargo operations. (a) This schedule shall be filed annually by all air carriers that conduct all-cargo oper-ations under certificates issued under 49 U.
6、S.C. 41103. (b) Reserved (c) Statement of operations. This statement shall include the following elements: (1) Total operating revenue, categorized as follows: (i) Transport revenues from the carriage of property in scheduled and nonscheduled serv-ice; (ii) Transport revenues from the carriage of ma
7、il in scheduled and nonscheduled serv-ice; and (iii) Transport-related revenues. (2) Total operating expenses; and (3) Operating profit or loss, computed by subtracting the total operating expenses from the total operating revenues. (d) Summary of traffic and capacity statis-tics. This summary shall
8、 include the fol-lowing elements: (1) Total revenue ton-miles, which are the aircraft miles flown on each flight stage times the number of tons of revenue traffic carried on that stage. They shall be cat-egorized as follows: (i) Property; and (ii) Mail. (2) Revenue tons enplaned, reflecting the tota
9、l revenue tons of cargo loaded on air-craft during the annual period; (3) Available ton-miles, reflecting the total revenue ton-miles available for all-cargo service during the annual period, and com-puted by multiplying aircraft miles flown on each flight stage by the number of tons of aircraft cap
10、acity available for that stage; (4) Aircraft miles flown, reflecting the total number of aircraft miles flown in cargo service during the annual period; (5) Aircraft departures performed, reflect-ing the total number of take-offs performed in cargo service during the annual period; and (6) Aircraft
11、hours airborne, reflecting the aircraft hours of flight (from take-off to landing) performed in cargo service during the annual period. Schedule T100 U.S. Air Carrier Traffic and Capacity Data By Nonstop Segment and On-Flight Market (a) Schedule T100 collects detailed on- flight market and nonstop s
12、egment data on all revenue flights flown by U.S. certificated air carriers. This schedule is filed monthly. Separate data shall be reported for each op-erating entity (Latin America, Atlantic, Pa-cific; International, or Domestic) of the air carrier. Data for each operating entity shall be reported
13、using the five digit entity code prescribed under section 195(c) of this part. (b) Guidelines for reporting the automated monthly Schedule T100 are included in the Appendix to this section. (c) Reported data shall be compiled as ag-gregates of the basic data elements and serv-ice classes contained i
14、n sections 194 and 19 5 of this part. (d) Joint-service operations. 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. (Approved by the Office of Management and Budget under contr
15、ol number 21380013) ER755, 37 FR 19726, Sept. 21, 1972 EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting part 241, section 25, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. PART 243PASSENGER MANIFEST INFORMATION S
16、ec. 243.1 Purpose. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00194 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-,-,-185 Office of the Secretary, DOT 243
17、.7 243.3 Definitions. 243.5 Applicability. 243.7 Information collection requirements. 243.9 Procedures for collecting and main-taining the information. 243.11 Transmission of information after an aviation disaster. 243.13 Filing requirements. 243.15 Conflicts with foreign laws. 243.17 Enforcement. A
18、UTHORITY: 49 U.S.C. 40101, 40101nt., 40105, 40113, 40114, 41708, 41709, 41711, 41501, 41702, 41712, 44909, 46301, 46310, 46316; section 203 of Pub. L. 101604, 104 Stat. 3066 (22 U.S.C. 5501 5513), Title VII of Pub. L. 104264, 110 Stat. 3213 (22 U.S.C. 55015513) and Pub. L. 105148, 111 Stat. 2681 (49
19、 U.S.C. 41313.) SOURCE: Docket No. OST95950, 63 FR 8280, Feb. 18, 1998, unless otherwise noted. 243.1 Purpose. The purpose of this part is to ensure that the U.S. government has prompt and adequate information in case of an aviation disaster on covered flight seg-ments. 243.3 Definitions. Air piracy
20、 means any seizure of or ex-ercise of control over an aircraft, by force or violence or threat of force or violence, or by any other form of in-timidation, and with wrongful intent. Aviation disaster means: (1) An occurrence associated with the operation of an aircraft that takes place between the t
21、ime any passengers have boarded the aircraft with the in-tention of flight and the time all such persons have disembarked or have been removed from the aircraft, and in which any person suffers death or seri-ous injury, and in which the death or injury was caused by a crash, fire, col-lision, sabota
22、ge or accident; (2) A missing aircraft; or (3) An act of air piracy. Contact means a person not on the covered flight or an entity that should be contacted in case of an aviation dis-aster. The contact need not have any particular relationship to a passenger. Covered airline means: (1) certificated
23、air carriers, and (2) foreign air carriers, except those that hold Department of Transpor-tation authority to conduct operations in foreign air transportation using only small aircraft (i.e., aircraft designed to have a maximum passenger capacity of not more than 60 seats or a maximum payload capaci
24、ty of not more than 18,000 pounds). Covered flight segment means a pas-senger-carrying flight segment oper-ating to or from the United States (i.e., the flight segment where the last point of departure or the first point of ar-rival is in the United States). A cov-ered flight segment does not includ
25、e a flight segment in which both the point of departure and point of arrival are in the United States. Full name means the given name, middle initial or middle name, if any, and family name or surname as pro-vided by the passenger. Passenger means every person aboard a covered flight segment regardl
26、ess of whether he or she paid for the trans-portation, had a reservation, or occu-pied a seat, except the crew. For the purposes of this part, passenger in-cludes, but is not limited to, a revenue and non-revenue passenger, a person holding a confirmed reservation, a standby or walkup, a person rero
27、uted from another flight or airline, an in-fant held upon a persons lap and a per-son occupying a jump seat. Airline per-sonnel who are on board but not work-ing on that particular flight segment would be considered passengers for the purpose of this part. United States means the States com-prising
28、the United States of America, the District of Columbia, and the terri-tories and possessions of the United States, including the territorial sea and the overlying airspace. U.S. citizen means United States na-tionals as defined in 8 U.S.C. 1101(a)(22). 243.5 Applicability. This part applies to cover
29、ed flight segments operated by covered airlines. (See 243.3 of this part) 243.7 Information collection require-ments. (a) For covered flight segments, each covered airline shall: (1) Collect, or cause to be collected, the full name for each passenger who is a U.S. citizen. U.S.-citizen passengers fo
30、r whom this information is not ob-tained shall not be boarded; VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00195 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from
31、IHS-,-,-186 14 CFR Ch. II (1111 Edition) 243.9 (2) Solicit, or cause to be solicited, a name and telephone number of a con-tact from each passenger who is a U.S. citizen; and (3) Maintain a record of the informa-tion collected pursuant to this section. (b) The covered airline operating the flight se
32、gment shall be responsible for ensuring compliance with paragraph (a) of this section. 243.9 Procedures for collecting and maintaining the information. Covered airlines may use any method or procedure to collect, store and transmit the required information, subject to the following conditions: (a) I
33、nformation on individual pas-sengers shall be collected before each passenger boards the aircraft on a cov-ered flight segment. (b) The information shall be kept until all passengers have disembarked from the covered flight segment. (c) The contact information collected pursuant to section 243.7(a)(
34、2) of this part shall be kept confidential and re-leased only to the U.S. Department of State, the National Transportation Safety Board (upon NTSBs request), and the U.S. Department of Transpor-tation pursuant to oversight of this part. This paragraph does not preempt other governments or government
35、al agencies that have an independent, legal right to obtain this information. (d) The contact information collected pursuant to section 243.7(a)(2) of this part shall only be used by covered air-lines for notification of family mem-bers or listed contacts following an aviation disaster. The informat
36、ion shall not be used for commercial or marketing purposes. 243.11 Transmission of information after an aviation disaster. (a) Each covered airline shall inform the Managing Director of Overseas Cit-izen Services, Bureau of Consular Af-fairs, U.S. Department of State imme-diately upon learning of an
37、 aviation disaster involving a covered flight seg-ment operated by that carrier. The Managing Director may be reached 24 hours a day through the Department of State Operations Center at (202) 647 1512. (b) Each covered airline shall trans-mit a complete and accurate compila-tion of the information c
38、ollected pur-suant to 243.7 of this part to the U.S. Department of State as quickly as pos-sible, but not later than 3 hours, after the carrier learns of an aviation dis-aster involving a covered flight seg-ment operated by that carrier. (c) Upon request, a covered airline shall transmit a complete
39、and accurate compilation of the information col-lected pursuant to 243.7 of this part to the Director, Family Support Services, National Transportation Safety Board. 243.13 Filing requirements. (a) Each covered airline that operates one or more covered flight segments shall file with the U.S. Depart
40、ment of Transportation a brief statement sum-marizing how it will collect the pas-senger manifest information required by this part and transmit the informa-tion to the Department of State fol-lowing an aviation disaster. This de-scription shall include a contact at the covered airline, available at
41、 any time the covered airline is operating a cov-ered flight segment, who can be con-sulted concerning information gath-ered pursuant to this part. (b) Each covered airline shall file any contact change as well as a description of any significant change in its means of collecting or transmitting man
42、ifest information on or before the date the change is made. (c) All filings under this section should be submitted to OST Docket 98 3305, Dockets Facility (SVC121.30), U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Wash-ington, DC 20590. The statement shall be filed by July 1, 1998,
43、 or, for covered airlines beginning operations after July 1, 1998, prior to the date a covered airline operates a covered flight seg-ment. 243.15 Conflict with foreign laws. (a) If a covered airline obtains a waiver in the manner described in this section, it will not be required to so-licit, collec
44、t or transmit information under this part in countries where such solicitation or collection would violate applicable foreign law, but only to the extent it is established by the carrier VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00196 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier
45、-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-187 Office of the Secretary, DOT 248.2 that such solicitation or collection would violate applicable foreign law. (b) Covered airlines that claim that such solicitation
46、, collection or trans-mission would violate applicable for-eign law in certain foreign countries shall file a petition requesting a waiver in the Docket Facility, on or before Oc-tober 1, 1998, or on or before beginning service between that country and United States. Such petition shall in-clude cop
47、ies of the pertinent foreign law, as well as a certified translation, and shall include opinions of appro-priate legal experts setting forth the basis for the conclusion that collection would violate such foreign law. State-ments from foreign governments on the application of their laws will also be
48、 accepted. (c) The U.S. Department of Transpor-tation will notify the covered airline of the extent to which it has been satis-factorily established that compliance with all or part of the data collection requirements of this part would con-stitute a violation of foreign law. (d) The U.S. Department
49、 of Transpor-tation will maintain an up-to-date list-ing in OST Docket 983305 of countries where adherence to all or a portion of this part is not required because of a conflict with applicable foreign law. Doc. No. OST95950, 63 FR 8280, Feb. 18, 1998; 63 FR 9413, Feb. 25, 1998 243.17 Enforcement. The U.S. Department of Transpor-tation may at any time require a cov-ered airline to produce a passenger manifest including emergency con
