1、227 Office of the Secretary, DOT 292.2 U.S. District Court, as the case may be, to compel compliance therewith; or to civil penalties pursuant to the provi-sions of section 46301 of the Statute. 60 FR 43526, Aug. 22, 1995 Subpart GPublic Disclosure of Data 291.60 Public disclosure of data. (a) Detai
2、led domestic on-flight mar-ket data and nonstop segment data, ex-cept military data, shall be made pub-licly available after processing. Domes-tic data are defined as data from air transportation operations from a place in any State of the United States, the District of Columbia, the Common-wealth o
3、f Puerto Rico and the Virgin Islands, or a U.S. territory or posses-sion to a place in any State of the United States, the District of Colum-bia, the Commonwealth of Puerto Rico and the Virgin Islands, or a U.S. terri-tory or possession. Domestic military operations are reported under service codes
4、N or R. (b) Detailed international on-flight market and nonstop segment data in Schedule T100 and Schedule T100(f) reports, except military data, shall be publicly available immediately fol-lowing the Departments determina-tion that the database is complete, but no earlier than six months after the
5、date of the data. Military operations are reported under service codes N or R. Data for on-flight markets and non-stop segments involving no U.S. points shall not be made publicly available for three years. Industry and carrier sum-mary data may be made public before the end of six months or the end
6、 of three years, as applicable, provided there are three or more carriers in the summary data disclosed. The Depart-ment may, at any time, publish inter-national summary statistics without carrier detail. Further, the Department may release nonstop segment and on- flight market detail data by carrie
7、r be-fore the end of the confidentiality pe-riod as follows: (1) To foreign governments as pro-vided in reciprocal arrangements be-tween 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 for-eign country and U.S
8、. carriers serving that foreign country. (2) To parties to any proceeding be-fore the Department under Title IV of the Federal Aviation Act of 1958, as amended, as required by an Adminis-trative Law Judge or other decision- maker of the Department. Parties may designate agents or consultants to re-c
9、eive 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 in-troduced into evidence, subject to the normal rules of admissibility. (3) To agencies or other components of the U
10、.S. Government for their inter-nal use only. Doc. No. OST 984043, 67 FR 49230, July 30, 2002 PART 292INTERNATIONAL CARGO TRANSPORTATION Subpart AGeneral Sec. 292.1 Applicability. 292.2 Definitions. Subpart BExemption From Filing Tariffs 292.10 Exemption. 292.11 Revocation of exemption. Subpart CEffe
11、ct of Exemption 292.20 Rule of construction. 292.21 Incorporation of contract terms by reference. 292.22 Effectiveness of tariffs on file. AUTHORITY: 49 U.S.C. 40101, 40105, 40109, 40113, 40114, 41504, 41701, 41707, 41708, 41709, 41712, 46101; 14 CFR 1.56(j)(2)(ii). SOURCE: Docket No. 48827, 60 FR 6
12、1478, Nov. 30, 1995, unless otherwise noted. Subpart AGeneral 292.1 Applicability. This part applies to direct air car-riers providing scheduled transpor-tation of cargo in foreign air transpor-tation. 292.2 Definitions. For purposes of this part: VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 000
13、00 Frm 00237 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-,-,-228 14 CFR Ch. II (1111 Edition) 292.10 Cargo means property other than baggage accompanied or checked by p
14、assengers, or mail. Cargo tariff means a tariff containing rates, charges or provisions governing the application of such rates or charges, or the conditions of service, applicable to the scheduled transpor-tation of cargo in foreign air transpor-tation. Direct air carrier means an air carrier or fo
15、reign air carrier directly engaged in the operation of aircraft under a cer-tificate, regulation, order, exemption or permit issued by the Department or its predecessor, the Civil Aeronautics Board. Subpart BExemption From Filing Tariffs 292.10 Exemption. Direct air carriers are exempted from the re
16、quirement to file cargo tariffs with the Department of Transportation provided in 49 U.S.C. 41504 and 14 CFR Part 221. 292.11 Revocation of exemption. (a) The Department, upon complaint or upon its own initiative, may, imme-diately and without hearing, revoke, in whole or in part, the exemption gran
17、t-ed by this part with respect to a carrier or carriers, when such action is in the public interest. (b) Any such action will be taken in an order issued by the Assistant Sec-retary for Aviation and International Affairs, and will identify: (1) The tariff matter to be filed; and (2) The deadline for
18、 carrier compli-ance. (c) Revocations under this section will have the effect of reinstating all applicable tariff requirements and pro-cedures specified in the Departments regulations for the tariff material to be filed, unless otherwise specified by De-partment order. Subpart CEffect of Exemption
19、292.20 Rule of construction. Carriers holding an effective exemp-tion from the duty to file tariffs under this part shall not, unless otherwise di-rected by order of the Department, be subject to tariff posting, notification or subscription requirements set forth in 49 U.S.C. 41504 or 14 CFR part 22
20、1, ex-cept as provided in 292.21 of this part. 292.21 Incorporation of contract terms by reference. (a) Carriers holding an effective ex-emption from the duty to file tariffs under this part may incorporate con-tract terms by reference (i.e. without stating their full text) into the waybill or other
21、 document embodying the con-tract of carriage for the scheduled transportation of cargo in foreign air transportation, provided that: (1) The notice, inspection, expla-nation and other requirements set forth in 14 CFR 221.177(a)(1), (a)(2), (a)(4), (b), (c) and (d) are complied with, to the extent a
22、pplicable, except that the notice required under 14 CFR 221.177(b)(1) shall refer to the title or general nature of the publication(s) or document(s) containing the full text of the referenced terms rather than to terms and conditions filed in public tariffs with U.S. authorities; (b) In addition to
23、 other remedies at law, a carrier may not claim the ben-efit as against a shipper or consignee of, and a shipper or consignee shall not be bound by, any contract term which is incorporated by reference under this part unless the requirements of para-graph (a)(1) of this section are com-plied with, t
24、o the extent applicable; and (c) The purpose of this section is to set uniform disclosure requirements, which preempt any State requirements on the same subject, for terms incor-porated by reference into contracts of carriage for the scheduled transpor-tation of cargo in foreign air transpor-tation.
25、 292.22 Effectiveness of tariffs on file. (a) Cargo rate tariffs on file with the Department, including related classi-fication and/or applicability rules, cease to be effective as tariffs under 49 U.S.C. 41504 and 41510, as well as under the provisions of 14 CFR Part 221, and they are canceled by o
26、peration of law. (b) As of March 1, 1996, all remaining cargo tariffs on file with the Depart-ment cease to be effective as tariffs under 49 USC 41504 and the provisions VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00238 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBL
27、S3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-229 Office of the Secretary, DOT 293.10 of 14 CFR part 221, and are cancelled by operation of law. Any such tariffs may be cancelled voluntarily prior to that date. With respect to term
28、s expressly agreed in the contract of carriage, car-riers, agents and other persons are re-lieved from the requirement of adher-ence to filed tariffs in 49 USC 41510 and the related provisions of 14 CFR part 221 as of November 30, 1995. (c) Applications for filing and/or ef-fectiveness of any cargo
29、tariffs pending on November 30, 1995 are dismissed by operation of law. No new filings or ap-plications will be permitted except as provided under 292.11. PART 293INTERNATIONAL PASSENGER TRANSPORTATION Subpart AGeneral Sec. 293.1 Applicability. 293.2 Definitions. Subpart BExemption From Filing of Ta
30、riffs 293.10 Exemption. 293.11 Required statement. 293.12 Revocation of exemption. Subpart CEffect of Exemption 293.20 Rule of construction. 293.21 Incorporation of contract terms by reference. 293.22 Effectiveness of tariffs on file. AUTHORITY: 49 U.S.C. 40101, 40105, 40109, 40113, 40114, 41504, 41
31、701, 41707, 41708, 41709, 41712, 46101; 14 CFR 1.56(j)(2)(ii). SOURCE: 64 FR 40674, July 27, 1999, unless otherwise noted. Subpart AGeneral 293.1 Applicability. This part applies to air carriers and foreign air carriers providing scheduled transportation of passengers and their baggage in foreign ai
32、r transportation. 293.2 Definitions. For purposes of this part the defini-tions in 221.3 of this chapter apply. Subpart BExemption From Filing Tariffs 293.10 Exemption. (a) Air carriers and foreign air car-riers are exempted from the duty to file passenger tariffs with the Depart-ment of Transportat
33、ion, as required by 49 U.S.C. 41504 and 14 CFR part 221, as follows: (1) The Assistant Secretary for Avia-tion and International Affairs will, by notice, issue and periodically update a list establishing the following cat-egories of markets: (i) In Category A markets, carriers are exempted from the
34、duty to file all passenger tariffs unless they are na-tionals of countries listed in Category C, or are subject to the provisions of paragraph (c) of this section. (ii) In Category B markets, carriers are exempted from the duty to file all passenger tariffs except those setting forth one-way economy
35、-class fares and governing provisions thereto, unless they are nationals of countries listed in Category C, or are subject to the provisions of paragraph (c) of this sec-tion. (iii) In Category C markets, carriers shall continue to file all passenger tar-iffs, except as provided in 293.10(b); (2) Th
36、e Assistant Secretary will list country-pair markets falling in Cat-egories A and C, taking into consider-ation the factors in paragraphs (a)(2) (i) through (iv) of this section. All coun-try-pair markets not listed in Cat-egories A or C shall be considered to be in Category B and need not be specif
37、i-cally listed. (i) Whether the U.S. has an aviation agreement in force with that country providing double-disapproval treat-ment of prices filed by the carriers of the Parties; (ii) Whether the countrys Govern-ment has disapproved or deterred U.S. carrier price leadership or matching tariff filings
38、 in any market; (iii) Whether the countrys Govern-ment has placed significant restric-tions on carrier entry or capacity in any market; and (iv) Whether the countrys govern-ment is honoring the provisions of the bilateral aviation agreement and there are no significant bilateral problems. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00239 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-,-,-
