1、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, collection or trans-mission would violate applicable for-eign law in certain foreign countries shall file a petition requesting a
2、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 copies of the pertinent foreign law, as well as a certified translation, and shall include opinions of appro-priate legal experts setti
3、ng 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 accepted. (c) The U.S. Department of Transpor-tation will notify the covered airline of the extent to which it has been satis-facto
4、rily 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 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 th
5、is 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
6、 contacts and phone numbers for a specified cov-ered flight segment to ascertain the ef-fectiveness of the carriers system. In addition, it may require from any cov-ered airline further information about collection, storage and transmission procedures at any time. If the Depart-ment finds a covered
7、airlines system to be deficient, it will require appro-priate modifications, which must be implemented within the period speci-fied by the Department. In addition, a covered airline not in compliance with this part may be subject to enforce-ment action by the Department. PART 247DIRECT AIRPORT-TO- A
8、IRPORT MILEAGE RECORDS AUTHORITY: 49 U.S.C. chapter 401. SOURCE: Amdt. 2472, 56 FR 67170, Dec. 30, 1991, unless otherwise noted. 247.1 Official mileage record of the Department of Transportation. The direct airport-to-airport mileage record now maintained, and as here-after amended or revised from t
9、ime to time by the Office of Airline Informa-tion of the Bureau of Transportation Statistics of the Department of Trans-portation in the regular performance of its duties, is hereby adopted as the offi-cial mileage record of the Department and the mileages set forth therein shall be used in all inst
10、ances where it shall be necessary to determine direct air-port-to-airport mileages pursuant to the provisions of Titles IV and X of the Federal Aviation Act of 1958, as amend-ed, or any rule, regulation, or order of the Department pursuant thereto. Amdt. 2472, 56 FR 67170, Dec. 30, 1991, as amended
11、at 60 FR 66725, Dec. 26, 1995 PART 248SUBMISSION OF AUDIT REPORTS Sec. 248.1 Applicability. 248.2 Filing of audit reports. 248.4 Time for filing reports. 248.5 Withholding from public disclosure. AUTHORITY: 49 U.S.C. 329 and chapters 41102, 41708, and 41709. SOURCE: ER420, 29 FR 13799, Oct. 7, 1964,
12、 unless otherwise noted. 248.1 Applicability. The requirements of this part shall be applicable to all air carriers subject to the requirements of part 241 of this subchapter. 248.2 Filing of audit reports. (a) Whenever any air carrier subject to 248.1 shall have caused an annual audit of its books,
13、 records, and ac-counts to be made by independent pub-lic accountants, such air carrier shall file with the Office of Airline Informa-tion, in duplicate, a special report con-sisting of a true and complete copy of VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00197 Fmt 8010 Sfmt 8010 Y:
14、SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-188 14 CFR Ch. II (1111 Edition) 248.4 the audit report submitted by such independent public accountants, in-cluding all schedules, exhibits,
15、 and cer-tificates included in, attached to, or submitted with or separately as a part of, the audit report. (b) Each air carrier subject to 248.1 that does not cause an annual audit to be made of its books, records, and ac-counts for any fiscal year shall, at the close of such fiscal year file with
16、 the Boards Office of the Comptroller, as a part of its periodic reports, a state-ment that no such audit has been per-formed. (c) Carriers shall submit their audit reports or their statement that no audit was performed in a format speci-fied in accounting and reporting direc-tives issued by the Bur
17、eau of Transpor-tation Statistics Director of Airline Information. (Approved by the Office of Management and Budget under control number 21380004) ER1351, 48 FR 32756, July 19, 1983, as amend-ed by ER1362, 48 FR 46265, Oct. 12, 1983; 60 FR 66725, Dec. 26, 1995; 75 FR 41584, July 16, 2010 248.4 Time
18、for filing reports. The report required by this part shall be filed with the Office of Airline Infor-mation within 15 days after the due date of the appropriate periodic BTS Form 41 Report, filed for the 12-month period covered by the audit report, or the date the accountant submits its audit report
19、 to the air carrier, which-ever is later. ER1351, 48 FR 32756, July 19, 1983, as amend-ed at 60 FR 66725, Dec. 26, 1995 248.5 Withholding from public disclo-sure. The special reports required to be filed by 248.2 shall be withheld from public disclosure, until further order of the BTS, if such treat
20、ment is requested by the air carrier at the time of filing. ER420, 29 FR 13799, Oct. 7, 1964, as amended at 60 FR 66725, Dec. 26, 1995 PART 249PRESERVATION OF AIR CARRIER RECORDS Subpart AGeneral Instructions Sec. 249.1 Applicability. 249.2 Definitions. 249.3 Preservation of records. 249.4 Photograp
21、hic copies. 249.5 Storage of records. 249.6 Destruction of records. 249.7 Restrictions on record destruction. 249.8 Premature loss or destruction of records. 249.9 Carriers going out of business. 249.10 Waiver of requirements. Subpart BPreservation of Records by Carrier 249.20 Preservation of record
22、s by certifi-cated air carriers. 249.21 Preservation of records by public charter operators and overseas military personnel charter operators. Subpart CRegulations Relating to the Truth-in-Lending Act 249.30 Applicability. 249.31 Preservation and inspection of evi-dence of compliance. AUTHORITY: 49
23、U.S.C. 329 and chapters 401, 411, 413, 417. SOURCE: ER1214, 46 FR 25415, May 6, 1981, unless otherwise noted. NOTE: The recordkeeping requirements contained in this part have been approved by the Office of Management and Budget under control number 21380006. Subpart AGeneral Instructions 249.1 Appli
24、cability. Subparts A and B of this part apply to: (a) Air carriers, as defined in 49 U.S.C. 40102, that hold either certifi-cates of public convenience and neces-sity or certificates for all-cargo air service. (b) Public charter operators, as de-fined in part 380 of this chapter. (c) Overseas milita
25、ry personnel char-ter operators, as defined in part 372 of this chapter. ER1214, 46 FR 25415, May 6, 1981, as amend-ed at 60 FR 66725, Dec. 26, 1995 249.2 Definitions. For the purposes of this part: VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00198 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-,-,-
