1、218 14 CFR Ch. II (1111 Edition) 272.11 shall be subject to stay or disapproval by the President. Amdt. No. 2721, 52 FR 5443, Feb. 23, 1987, as amended at 60 FR 43525, Aug. 22, 1995 272.11 Effective date of provisions. The provisions of this part shall not become effective for Palau until the Compac
2、t of Free Association and Arti-cle IX of the Federal Programs and Services Agreement become effective for Palau. 272.12 Termination. These provisions shall terminate on October 1, 1998, unless the program of essential air service to the Federated States of Micronesia, the Marshall Is-lands, and Pala
3、u is specifically ex-tended by Congress. This amendment is issued under the authority of 49 CFR 1.57(l). Amdt. 2722, 56 FR 1732, Jan. 7, 1991, as amended at 60 FR 43525, Aug. 22, 1995 PART 291CARGO OPERATIONS IN INTERSTATE AIR TRANSPOR-TATION Subpart AGeneral Sec. 291.1 Applicability. 291.2 Definiti
4、ons. Subpart BAll-Cargo Air Transportation Certificates 291.10 Applications. Subpart CGeneral Rules for All-Cargo Air Transportation 291.20 Applicability. 291.22 Aircraft accident liability insurance requirement. 291.23 Record retention. 291.24 Waiver of Department Economic Reg-ulations. Subpart DEx
5、emptions for Cargo Operations in Interstate Air Transportation 291.30 General. 291.31 Exemptions from the Statute. Subpart EReporting Rules 291.40 Reserved 291.41 Financial and statistical reporting general. 291.42 Section 41103 financial and traffic re-porting. 291.43 Statement of operation for sec
6、tion 41103 operations. 291.44 BTS Schedule P12(e), Fuel Consump-tion by Type of Service and Entity. 291.45 BTS Schedule T100, U.S. Air Carrier Traffice and Capacity Data by Nonstop Segment and On-Flight Market. Subpart FEnforcement 291.50 Enforcement. Subpart GPublic Disclosure of Data 291.60 Public
7、 disclosure of data. AUTHORITY: 49 U.S.C. 329 and chapters 41103, 41708 and 41709. SOURCE: ER1080, 43 FR 53635, Nov. 16, 1978, unless otherwise noted. Subpart AGeneral 291.1 Applicability. This part applies to cargo operations in interstate air transportation by air carriers certificated under secti
8、on 41102 or 41103 of the Statute. It also applies to applicants for an all-cargo air trans-portation certificate under section 41103 of the Statute. 60 FR 43525, Aug. 22, 1995 291.2 Definitions. All-cargo air transportation means the transportation by aircraft in interstate air transportation of onl
9、y property or only mail, or both. Interstate air transportation means the transportation of passengers or prop-erty by aircraft as a common carrier for compensation, or the transpor-tation of mail by aircraft (1) Between a place in (i) A State, territory, or possession of the United States and a pla
10、ce in the District of Columbia or another State, territory, or possession of the United States; (ii) Hawaii and another place in Ha-waii through the airspace over a place outside Hawaii; (iii) The District of Columbia and an-other place in the District of Columbia; or (iv) A territory or possession
11、of the United States and another place in the same territory or possession; and VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted with
12、out license from IHS-,-,-219 Office of the Secretary, DOT 291.23 (2) When any part of the transpor-tation is by aircraft. Reporting carrier for Schedule T100 purposes means the air carrier in oper-ational control of the aircraft, i.e., the carrier that uses its flight crew under its own FAA operatin
13、g authority. Section 41102 carrier means an air car-rier certificated under section 41102 of the Statute to transport persons, prop-erty and mail or property and mail only. Section 41103 carrier means an air car-rier holding a certificate issued under section 41103 of the Statute to provide all-carg
14、o air transportation. Service, scheduled cargo means trans-port service operated pursuant to pub-lished flight schedules including extra sections. There is no requirement on the number of weekly flights nor is there a requirement that the schedule be published in the Official Airline Guide. Wet-Leas
15、e Agreement means an agree-ment under which one carrier leases an aircraft with flight crew to another air carrier. 60 FR 43525, Aug. 22, 1995, as amended at 67 FR 49226, July 30, 2002 Subpart BAll-Cargo Air Transportation Certificates 291.10 Applications. Applications for all-cargo air service cert
16、ificates shall comply with the pro-visions of part 201 and subpart B of part 302 of this chapter with regard to filing procedures, and with the provisions of part 204 of this chapter with regard to evidentiary requirements. (Approved by the Office of Management and Budget under control number 210600
17、23) Docket No. 47582, 57 FR 38770, Aug. 27, 1992, as amended at 65 FR 6456, Feb. 9, 2000 Subpart CGeneral Rules for All- Cargo Air Transportation 291.20 Applicability. The rules in this subpart apply to cargo operations in interstate air transportation performed by air car-riers certificated under s
18、ections 41102 or 41103 of the Statute. Section 41103 carriers that operate passenger-only or combination aircraft under section 41102, part 298 of this chapter, or other Department authority, must comply with the rules in this subpart in con-nection with cargo operations in inter-state air transport
19、ation, whether pro-vided on all-cargo or combination air-craft, operated pursuant to this au-thority or otherwise. In case a carrier may operate a particular flight under either a section 41102 certificate or a section 41103 certificate, the flight is presumed to be operated under the car-riers sect
20、ion 41103 authority. 60 FR 43526, Aug. 22, 1995 291.22 Aircraft accident liability in-surance requirement. No air carrier shall operate all-cargo aircraft or provide all-cargo air trans-portation unless such carrier has and maintains in effect aircraft accident li-ability coverage that meets the re-
21、quirements of part 205 of this chapter. ER1255, 46 FR 52583, Oct. 27, 1981, as amend-ed at 60 FR 43526, Aug. 22, 1995 291.23 Record retention. (a) The provisions of 14 CFR part 249, Preservation of air carrier accounts, records and memoranda, shall apply to all carriers, except that records per-tain
22、ing to transportation provided on aircraft eligible to be operated under part 298 of this title, and records con-cerning transportation outside the geo-graphic scope of interstate air trans-portation, need not be maintained un-less required by other Department reg-ulations. (b) Each carrier shall re
23、tain for 1 year a copy of each rate sheet, airwaybill contract, and other docu-ment reflecting changed, new, or other previously unreported general or spe-cial prices or rules governing the car-riage of freight in interstate air trans-portation (except mail), unless the transportation was performed
24、in ac-cordance with an effective tariff on file with the Department. Each carrier shall retain for 1 year a copy of any formula based on standard weight, VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CF
25、RProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-220 14 CFR Ch. II (1111 Edition) 291.24 mileage, or other method used to deter-mine an individual airbill or contract. (Approved by the Office of Management and Budget under control number 30240022) ER
26、1080, 43 FR 53635, Nov. 16, 1978, as amend-ed by ER1270, 46 FR 63220, Dec. 31, 1981; Docket No. 47582, 57 FR 38770, Aug. 27, 1992; 60 FR 43526, Aug. 22, 1995 291.24 Waiver of Department Eco-nomic Regulations. Except for this part and those parts of the Departments Economic Regula-tions (parts 200 th
27、rough 299 of this title) specifically referred to in this part, carriers providing cargo oper-ations in interstate air transportation are, with respect to that transpor-tation, relieved from all obligations imposed on air carriers by those eco-nomic regulations. Flights operated en-tirely within int
28、erstate air transpor-tation shall be free from those obliga-tions, even though they may also carry shipments to or from points outside that geographic area. This waiver shall not apply to the requirements of part 239 of this title. ER1080, 43 FR 53635, Nov. 16, 1978, as amend-ed by Docket No. 47582,
29、 57 FR 38770, Aug. 27, 1992; 60 FR 43526, Aug. 22, 1995 Subpart DExemptions for Cargo Operations in Interstate Air Transportation 291.30 General. The following exemptions, except as otherwise specifically noted, apply only to cargo operations in interstate air transportation. They do not relieve a c
30、arrier from obligations derived from other transportation. ER1080, 43 FR 53635, Nov. 16, 1978, as amend-ed at 60 FR 43526, Aug. 22, 1995 291.31 Exemptions from the Statute. (a) Each section 41102 or 41103 air car-rier providing cargo operations in interstate air transportation is, with respect to su
31、ch transportation, ex-empted from the following portions of the Statute only if and so long as it complies with the provisions of this part and the conditions imposed here-in, and to the extent necessary to per-mit it to conduct cargo operations in interstate air transportation: (1) Sections 41310,
32、41705, (2) Chapter 415, and (3) Chapter 419 for all-cargo oper-ations under section 41103. (b) Each air carrier providing cargo operations in interstate air transpor-tation under section 41103 of the Stat-ute is exempted from the provisions of section 41106(a) of the Statute to the extent necessary
33、to permit it to com-pete for and operate cargo charters in interstate air transportation for the Department of Defense under contracts of more than 30 days duration. (c) The Department of Defense is ex-empted from section 41106(a) of the Statute to the extent necessary to per-mit it to negotiate and
34、 enter into con-tracts of more than 30 days duration with any section 41103 carrier for oper-ation of cargo charters in interstate air transportation. 60 FR 43526, Aug. 22, 1995 Subpart EReporting Rules 291.40 Reserved 291.41 Financial and statistical re-portinggeneral. (a) Carriers providing cargo
35、oper-ations in interstate air transportation that also conduct other operations under section 41102 shall comply with the provisions of part 241 of this title. (b) Carriers providing cargo oper-ations in interstate air transportation under section 41103 certificates shall comply with 291.42. (c) Car
36、riers providing cargo oper-ations in interstate air transportation under section 41103, and also providing other services under part 298 of this title, shall report their cargo oper-ations in interstate air transportation operations in accordance with 291.42, and shall report all other traffic in ac
37、-cordance with the provisions of subpart F of part 298. ER1080, 43 FR 53635, Nov. 16, 1978, as amend-ed at 60 FR 43526, Aug. 22, 1995 291.42 Section 41103 financial and traffic reporting. (a) General instructions. Carriers oper-ating under section 41103 certificates that are not subject to part 241
38、of this VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00230 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-,-,-221 Office of the Secretary, DOT 291.43 chapter
39、 shall file Form 291A, State-ment of Operations for Section 41103 Operations, Schedule T100, U.S. Air Carrier Traffic and Capacity Data by Nonstop Segment and On-Flight Mar-ket, and Schedule P12(a), Fuel Con-sumption by Type of Service and Enti-ty with the Departments Bureau of Transportation Statis
40、tics (BTS). (1) A single copy of the BTS Form 291A report shall be filed annually with the Office of Airline Information (OAI) for the year ended December 31, to be received on or before February 10 of the immediately following year. A single copy of the monthly BTS Sched-ule P12(a) is due at OAI wi
41、thin 20 days after the end of each month. An elec-tronic filing of the monthly Schedule T100 is due at OAI within 30 days after the end of each month. Due dates fall-ing on a Saturday, Sunday or Federal holiday will become effective on the next work day. (2) Reports required by this section shall be
42、 submitted to the Bureau of Transportation Statistics in a format specified in accounting and reporting directives issued by the Bureau of Transportation Statistics Director of Airline Information. (b) Statement of Operations and Statis-tics Summary for section 41103 operations. This statement shall
43、 include the fol-lowing elements: (1) Total operating revenue, cat-egorized as follows: (i) Transport revenues from the car-riage of property in scheduled and non-scheduled service; (ii) Transport revenue from the car-riage of mail in scheduled and non-scheduled service; and (iii) Transport-related
44、revenues. (2) Total operating expenses; (3) Operating profit or loss, computed by subtracting the total operating ex-penses from the total operating reve-nues; and (4) Net income, computed by sub-tracting the total operating and nonop-erating expenses, including interest ex-penses and income taxes,
45、from the total operating and nonoperating reve-nues. (c) Summary of traffic and capacity sta-tistics. This summary shall include the following 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 st
46、age. They shall be categorized as follows: (i) Property; and (ii) Mail. (2) Revenue tons enplaned, reflecting the total revenue tons of cargo loaded on aircraft during the annual period; (3) Available ton-miles, reflecting the total revenue ton-miles available for all-cargo service during the annual
47、 pe-riod, and computed by multiplying air-craft miles flown on each flight stage by the number of tons of aircraft ca-pacity available for that stage; (4) Aircraft miles flown, reflecting the total number of aircraft miles flown in cargo service during the an-nual period; (5) Aircraft departures per
48、formed, re-flecting the total number of take-offs performed in cargo service during the annual period; and (6) Aircraft hours airborne, reflecting the aircraft hours of flight (from take-off to landing) performed in cargo serv-ice during the annual period. ER1350, 48 FR 32757, July 19, 1983, as amen
49、d-ed by Docket No. 47582, 57 FR 38770, Aug. 27, 1992; 60 FR 43526, Aug. 22, 1995; 60 FR 66726, Dec. 26, 1995; 67 FR 49226, July 30, 2002; 75 FR 41585, July 16, 2010 291.43 Statement of operation for section 41103 operations. Form 291A contains the following data elements: (a) Total operating revenue, cat-egorized as follows: (1) Transport revenues from the car-riage of prop
